The definitions contained in this Article shall be observed and applied in the interpretation of all Articles in this Zoning Ordinance, except where the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular; words used in the masculine gender shall include the feminine.

Effective on: 1/1/1901

Abutting: Sharing a boundary or property line.

(Ord. No. 2343, 01/13/2020) 

Effective on: 2/2/2020

Active Via: An alley with a mix of uses and activities used by pedestrians/bicyclists for travel, some commercial activities, pausing for respite, outdoor dining etc. with shared use by service vehicles (deliveries, trash removal etc.).

Effective on: 1/1/1901

Addition: The increase of floor area or other unit of measurement, whether by enlargement of any story, or erection of additional stories thereon, or the providing of additional seating capacity for public assembly (see Seating capacity).

Effective on: 1/1/1901

Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade books, magazines, videotapes, video discs and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to sexual activities or human genitals and pubic regions, or an establishment with a segment or section devoted to the sale, display, or offering of such material to the public whether or not through sale or lease.

Effective on: 1/1/1901

Adult Foster Care Group Home: A home or facility licensed by the State Department of Social Services for up to 10 unrelated adults.

Effective on: 1/1/1901

Adult Motion Picture Theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or human genitals and pubic regions for observation by patrons therein.

Effective on: 1/1/1901

Alley: An urban way that affords a secondary means of vehicular access to abutting property.

Effective on: 1/1/1901

Anemometer or Wind Monitoring Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

Effective on: 1/1/1901

Area of Special Flood Hazard: The channel of the River Rouge or Quarton Lake and adjacent land areas subject to a 1% or greater chance of flooding in any given year.

Effective on: 1/1/1901

Architectural Enhancement Lighting: Lighting that is designed to accent, emphasize, feature, or highlight specific architectural elements on a single building or site.

Effective on: 1/1/1901

Artisan Use: Any premises used principally for the repair, manufacture, and sale of domestic furniture, arts, and crafts. The work must take place entirely within an enclosed building using only hand-held and/or table-mounted manual and electric tools.

Effective on: 1/1/1901

Assisted Living: An interim or permanent residential facility which furnishes food, shelter, laundry, and other assistance in activities of daily living to five or more persons, who are not related by blood, marriage, or adoption to the owner or proprietor of the establishment. Food is prepared in a central kitchen. This use does not include:

1. Facilities that negotiate sleeping arrangements on a daily basis;
2. Dwelling units occupied by families (note: dwelling units occupied exclusively by families are considered to be single-family, two-family, or multiple-family uses as the case may be);
3. Halfway houses for criminal rehabilitation;
4. Overnight general purpose shelters; and
5. Criminal rehabilitation facilities.

Effective on: 1/1/1901

Attached Single-Family Residence: A building that has not more than 8 one-family dwelling units erected side- by-side as a single building, each being separated from the adjoining units by walls extending from the basement floor to the roof, which meet or exceed the sound transmission class (STC) rating of 45 for residential buildings as established by the most current addition of the International Code Council’s (ICC) Building Code as promulgated and published by the Building Officials and Code Administrators International, Inc. No two single-family dwelling units may be served by the same stairway or by the same exterior door of the dwelling.

Effective on: 1/1/1901

Attic: The unfinished space between the ceiling assembly and the roof assembly.

Effective on: 1/1/1901

Automobile Repair: Engine and transmission rebuilding, general repairs, or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rust-proofing; and similar servicing, rebuilding or repairs that normally require significant disassembly or storing of the automobiles on the premises overnight.

Effective on: 1/1/1901

Banquet Facility: Building space designated for a special event such as, but not limited to, a formal or ceremonial dinner or for the gathering of people, especially to discuss or decide on matters of common interest. Banquet facilities are reserved by a private individual or organization and are not open for admission of the general public.

Effective on: 1/1/1901

Base Flood: The flood having a 1% chance of being equaled or exceeded in any given year; also called a 100-year frequency flood.

Effective on: 1/1/1901

Basement: That portion of a building which is partly or wholly below finished grade, but so located that the vertical distance from the finished grade to the basement floor (“B” in illustration below) is greater than the vertical distance from the finished grade to the uppermost surface of the finished first floor (“A” in illustration below). A basement is not to be counted as a story for purposes of determining the height of a building.

Effective on: 1/1/1901

Basement Window Well: An emergency escape and rescue route including a window and/or door opening with a finished sill height provided below the adjacent ground level.

Effective on: 1/1/1901

Bathing Establishment: Any establishment which, in exchange for a fee, provides, as its principal function, bathing facilities, sauna baths, steam rooms or Turkish baths.

Effective on: 1/1/1901

Bistro: A restaurant with a full service kitchen with interior seating for no more than 65 people and additional seating for outdoor dining of no more than 65 people.

(Ord. No. 2301, 12/03/2018)

Effective on: 12/16/2018

Boutique: A shop that provides a limited range of specialized goods or services to consumers; usually in small quantities and not for resale such as clothing, jewelry, electronics, books or similar products, excluding any regulated use or food services.

Effective on: 1/1/1901

Broadcast Media Device: An electronic display unit with a screen no larger than 1.5 square feet in size (such as a TV), that broadcasts audio and video designed for viewing by individual customers while purchasing goods or services.

Effective on: 1/1/1901

Building: Any structure having a roof, including but not limited to tents, awning, carports, and such devices as house trailers, which have a primary function other than being a means of conveyance.

Effective on: 1/1/1901

Building, Accessory: A subordinate detached building, the use of which is customarily incidental to the permit- ted principal use of the principal building on the same lot. In case a question arises as to the degree of being incidental or length of custom, the Board of Zoning Appeals shall rule.

Effective on: 1/1/1901

Building Height: The vertical distance measured from existing grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the midpoint for gable, hip, gambrel, barrel and shed roofs. In a building having a flat roof, the parapet, if provided, may exceed the maximum building height by up to 42 inches.

(Ord. No. 2339, 08/05/2019) 

Effective on: 9/15/2019

Building Height, Downtown Overlay: The vertical distance from the average grade at the sidewalk at the frontage line to the highest point of the roof surface in a flat roof and to the eaves/eave line for a gable, hip, gambrel or mansard roof. Height limits do not apply to belfries, steeples or flagpoles.

(Ord. No. 2339, 08/05/2019) 

Effective on: 9/15/2019

Building, Principal: A building or, where the context so indicates, a group of buildings, in which is conducted the main or principal use of the lot on which the building is situated.

Effective on: 1/1/1901

Caliper: Refers to the diameter of the tree. For trees that are less than 4 inches in diameter, the caliper measurement is taken at 6 inches above ground level, or if purchasing directly from a nursery, at 6 inches from the top of the root ball. For trees that are 4 to 12 inches in diameter, the measurement is taken at 12 inches above ground level, or the top of the root ball. For trees that are greater than 12 inches in diameter, the measurement is taken at breast height.

Effective on: 1/1/1901

Canopy Tree: A deciduous tree which has a mature crown spread of greater than 15 feet and a mature height of 40 or more feet in southern Michigan and which has a trunk with at least 5 feet of clear stem at maturity.

Effective on: 1/1/1901

Child Care Center: A facility, other than a private residence, where child care is provided for periods of fewer than 24 hours a day, for more than 2 consecutive weeks per year, for 1 or more children whose parents/guardians are not immediately available. Child care centers include public or private preschools, nursery schools, parent cooperative preschools, full-day child care centers and drop in centers and must be licensed by the state.

Effective on: 1/1/1901

Circulation Area: Areas within the perimeter of a site in which pedestrian and/or vehicle movement takes place in order to access parking, buildings or site amenities.

Effective on: 1/1/1901

Clear Glazing - Glass and other transparent elements of building facades with no tint, a minimum visible light transmittance of 66% and a reflectivity of 15% or less.

(Ord. No. 2246, 07/24/2017; Ord. No. 2369, 10/24/2022)

Effective on: 11/6/2022

Commercial Use: Premises used generally in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services.

Effective on: 1/1/1901

Community Use: Premises used principally for education, worship, cultural performances, and gatherings administered by nonprofit cultural, educational, and religious organizations; premises used principally for local, state, and federal government, administration, provision of public services, education, cultural performances, and gatherings.

Effective on: 1/1/1901

Connecting Via: A passage that provides a through-block connection for pedestrians and/or bicyclists only.

Effective on: 1/1/1901

Continuing Care Retirement Community: A community that offers several levels of assistance, including independent living, assisted living and nursing home care. It is different from other housing and care facilities for seniors because it usually provides a written agreement or long-term contract between the resident (frequently lasting the term of the resident's lifetime) and the community which offers a continuum of housing, services and health care system, commonly all on one campus or site.

Effective on: 1/1/1901

Control Bumper: A continuous concrete curb constructed upon a suitable base.

Effective on: 1/1/1901

Cutoff Luminaire: A luminaire light distribution where the candela (intensity) per 1000 lamp lumens does not exceed 25 (2.5%) at an angle of 90 degrees or any angle above. Additionally, the candela per 1000 lamp lumens does not exceed 100 (10%) at a vertical angle of 80 degrees.

Effective on: 1/1/1901

Day Care, Family Home: A dwelling in which a permanent occupant of the dwelling provides for the care of fewer than 7 minor children unrelated to the care provider for periods of fewer than 24 hours a day, for more than four weeks in a calendar year unattended by the children’s parents or legal guardians, and must be licensed and/or registered by the state.

Effective on: 1/1/1901

Day Care, Group Home: A dwelling in which a permanent occupant of the dwelling provides for the care of fewer than 13 minor children unrelated to the care provider for periods of fewer than 24 hours a day, for more than 4 weeks in a calendar year, unattended by the children’s parents or legal guardians, and must be licensed and/or registered by the state.

Effective on: 1/1/1901

DBH: Diameter at breast height, which is measured 4.5 feet above the ground.

Effective on: 1/1/1901

Deciduous Tree: A tree with foliage that is shed annually.

Effective on: 1/1/1901

Destination Via: Alleys or passages that people are drawn to as a destination for participating in cultural activities, commercial activities, recreational activities, special events, and other activities.

Effective on: 1/1/1901

Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Effective on: 1/1/1901

Disability Glare: The effect of stray light in the eye whereby visibility and visual performance are reduced. A direct glare source that produces discomfort may also produce disabling glare by introducing a measurable amount of stray light in the eye.

Effective on: 1/1/1901

Dormer: A subunit of a main structure interrupting a roof slope of the main roof structure with its own walls and roof, and characterized by the roof shape of the dormer including but not limited to: flat, deck, hipped, shed, gabled, inset, arched, segmental, and eyebrow style roofs.

Effective on: 1/1/1901

Drainage: The removal of surface water or ground water from land by means that include, but are not limited to, drains, grading and runoff controls.

Effective on: 1/1/1901

Drive-in: A commercial establishment developed to serve patrons while in the motor vehicle in addition to within a building or structure.

Effective on: 1/1/1901

Drugstore: A commercial establishment that employs a registered pharmacist full time for the purpose of dispensing prescriptions and ethical drugs.

Effective on: 1/1/1901

Dwelling, Multiple-family: A building containing 3 or more dwelling units (see Dwelling unit).

Effective on: 1/1/1901

Dwelling, Single-family: A detached building containing 1 dwelling unit (see Dwelling unit).

Effective on: 1/1/1901

Dwelling, Two-family: A building containing 2 dwelling units (see Dwelling unit).

Effective on: 1/1/1901

Dwelling Unit: A building or portion thereof that provides independent living space for a family and has a sanitary connection. Dwelling unit does not include such a living space in an accessory structure used solely by the family living in the principal building on the same lot, except that such living space shall not be used as any person's primary living area (see Family).

Effective on: 1/1/1901

Eave or Eave Line: The lower edge of a sloping roof that projects past the face of the wall below; or the point of intersection of the roof and exterior wall on a flat roof building.

Effective on: 1/1/1901

Enclosure (outdoor dining): A vertical wall, panel, or other material that extends above 42 in. in height which provides extended relief from weather and impedes physical and/or visual access to the outdoor dining space. For the purposes of this definition, enclosure does not include exterior building walls.

(Ord. No. 2382, 05/22/2023) 

Effective on: 6/11/2023

Electronic Video Game: Any machine containing no automatic payoff device which may, on the insertion of a coin or slug, operate or be operated or used as a game, contest or amusement, and which consists solely of electronic play appearing on a video screen, and which is so constructed that it may not be converted into an automatic payoff device for the return or discharge of money, tokens, coins, checks or merchandise, or which provides no such payoff by any means whatsoever.

Effective on: 1/1/1901

Essential Services: The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, gas regulator stations, and other similar equipment, and accessories connected therewith, reasonably necessary for the furnishing of ad- equate service by such public utilities or municipal departments or City Commission for the public health, safety or general welfare, but not including commercial buildings or activities.

Effective on: 1/1/1901

Evergreen Tree: A tree with foliage that persists and remains green year-round.

Effective on: 1/1/1901

Facade: The vertical exterior surface of a building that is set parallel to a setback line.

Effective on: 1/1/1901

Family: A single individual doing his/her own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel (see Dwelling unit).

Effective on: 1/1/1901

Filling Station: Buildings or premises used for the retail sale of gasoline or other fuel for the propulsion of motor vehicles and which may include facilities for lubrication, changing and repairing of tires, polishing, greasing, washing or servicing such motor vehicles, but excluding so-called high-speed automotive washing, steam cleaning, body repairing, bumping or painting.

Effective on: 1/1/1901

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.

Effective on: 1/1/1901

Flood Boundary and Floodway Map: An official map of the city on which the Office of Federal Insurance and Hazard Mitigation has delineated both the floodway and the floodway fringe.

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM): An official map of the city on which the Office of Federal Insurance and Hazard Mitigation has delineated both the areas of special flood hazards and risk premium zones applicable to the city.

Effective on: 1/1/1901

Flood Insurance Study: The official report provided by the Office of Federal Insurance and Hazard Mitigation. The report contains flood profiles, as well as the flood hazard boundary/floodway map and the water surface elevation of the base flood.

Effective on: 1/1/1901

Floodplain: That area, also called flood hazard area, in and adjoining the River Rouge and Quarton Lake within the city which would be covered by floodwaters produced by a 100-year frequency flood.

Effective on: 1/1/1901

Floodway: The channel of the River Rouge or Quarton Lake and the adjacent land areas designated in the flood insurance study which must be reserved in order to discharge the base flood.

Effective on: 1/1/1901

Floodway Fringe: The area between the floodway and the boundary of the floodplain.

Effective on: 1/1/1901

Floor Area, Nonresidential Total: The measurement of total floor area for nonresidential uses which shall be the sum of the area measured to the exterior face or exterior walls of the first story and any other story, mezzanine or basement, which may be made fit for human use; the measurement shall include the floor area of all accessory buildings measured similarly.

Effective on: 1/1/1901

Floor Area Ratio (FAR): The combined gross floor area of all floors of all buildings on a lot, divided by lot area.

Effective on: 1/1/1901

Floor Area, Residential Accessory Building Total: The measurement of the total floor area for all accessory buildings located on a lot located in a residential district which shall be the sum of the area of the first story measured to the exterior face of the exterior wall or exterior post, plus, measured in the same manner, any areas located above the first story which have a height from the floor to the ceiling of such area in excess of 7 feet, 6 inches and which is connected to the first floor by a fixed stairway.

Effective on: 1/1/1901

Floor Area, Residential Total: The measurement of total floor area for residential uses which shall be the sum of the area of the first story measured to the exterior face of exterior wall plus, similarly measured, the area having more than 7 feet, 6 inches of headroom of any upper story that is connected by a fixed stairway and which may be made usable for human habitation, but excluding the floor area of basements, garages, accessory buildings, attics, breezeways and unenclosed porches.

Effective on: 1/1/1901

Foot-candle: A unit of illuminance amounting to one lumen per square foot.

Effective on: 1/1/1901

Frontage Line, Non-Overlay: All lot lines that abut a public street, private street, or permanently preserved or dedicated public open space. A corner lot or a through lot has 2 or more frontage lines.

Effective on: 1/1/1901

Frontage Line, Overlay: All lot lines that abut a public street. A corner lot or a through lot has 2 or more front- age lines.

Effective on: 1/1/1901

Full Cutoff Luminaire: A luminaire light distribution with zero candela (intensity) at an angle of 90 degrees or above. Additionally, the candela per 1000 lamp lumens does not exceed 100 (10%) at a vertical angle of 80 degrees.

Effective on: 1/1/1901

Furnishing Zone: The area between the sidewalk and the curb where streetscape amenities such as planter boxes, streetlights, and tree wells are typically located.

(Ord. No. 2382, 05/22/2023) 

Effective on: 6/11/2023

Garage, Attached Private: That portion of a principal residential building to be used for the storage of non- commercial motor vehicles, provided that not more than one commercial vehicle of less than three-quarter-ton capacity may be stored in the private garage and there shall be no services or commodities offered to the public in connection therewith. These garages must be enclosed with doors.

Effective on: 1/1/1901

Garage, Community: An accessory building for the storage of noncommercial vehicles and having no services or commodities offered to the public in connection therewith.

Effective on: 1/1/1901

Garage, Private: An accessory building to be used for the storage of noncommercial motor vehicles, provided that not more than one commercial vehicle of less than three-quarter-ton capacity may be stored in the private garage and there shall be no services or commodities offered to the public in connection therewith.

Effective on: 1/1/1901

Garage, Public: Any garage operated for gain, and which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.

Effective on: 1/1/1901

Gasoline Full-Service Station: A gasoline service station and service facility which may include lubrication, changing and repairing of tires, polishing, greasing, and mechanized washing, or servicing of motor vehicles but excluding steam cleaning, body repairing, vacuuming, bumping or painting. The mechanized washing of such vehicles shall be confined to a single-bay, single-vehicle capacity, exterior-only car wash system equipped with a separate entrance and exit.

Effective on: 1/1/1901

Gasoline Service Station: A commercial establishment where gasoline or other fuels are available for purchase and may be dispensed by the customer from pump to motor vehicle. Convenience items may also be sold, provided such sales do not constitute the principal use of the premises.

Effective on: 1/1/1901

Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Effective on: 1/1/1901

Grade: A reference plane representing the average of finished ground levels adjoining the building at all exterior walls. When a finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than 5 feet from the building, between the building and a point 5 feet from the building.

Effective on: 1/1/1901

Grade, Existing: The elevation of the ground surface in its existing state, prior to any alterations.

Effective on: 1/1/1901

Grade, Finished: The final elevation of the ground surface after any alterations.

Effective on: 1/1/1901

Grass: Any family of plants with narrow leaves normally grown as permanent lawns in southern Michigan.

Effective on: 1/1/1901

Grocery Store: A commercial establishment for the sale of produce, dairy products, fresh meat and staples.

Effective on: 1/1/1901

Ground Cover: Low growing plants (including grass, perennials and annuals) that form a dense, extensive growth and tend to prevent weeds and soil erosion.

Effective on: 1/1/1901

Habitable Attic: A finished or unfinished area complying with all of the following requirements:

1. 1.
   The occupiable floor area is not less than the minimum room dimensions required by the current Michigan Residential Code;
2. 2.
   The occupiable floor area has a minimum ceiling height in accordance with the current Michigan Residential Code; and
3. 3.
   The occupiable space is enclosed by the roof assembly above, knee walls (if applicable) on the sides and the floor-ceiling assembly below.

Effective on: 1/1/1901

Habitable Room: Any room in a dwelling unit other than a kitchen or bathroom, or any room in a non-dwelling unit with a finished ceiling height of no less than 7 feet, 6 inches.

Effective on: 1/1/1901

Harmful Increase: An unnaturally high stage on the River Rouge or Quarton Lake which causes, or may cause damage to property, threat to life, personal injury or damage to land or water resources.

Effective on: 1/1/1901

Health Club/Studio: A place designated and equipped for the conduct of sports, exercise and physical fitness activities.

Effective on: 1/1/1901

Height: Refers to the vertical distance between the collar (the line of junction between the root and its stem/ trunk) and the top of the tree.

Effective on: 1/1/1901

Height of Luminaire: The measurement for the height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the highest point on the luminaire.

Effective on: 1/1/1901

Historic District: Means an area or group of areas, not necessarily having contiguous boundaries, that contains one resource or a group of resources that are related by history, architecture, archaeology, engineering, and/or culture.

Effective on: 1/1/1901

Historic Resource: Means a publicly or privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, and/or culture of the city, state, or the United States.

Effective on: 1/1/1901

Home Occupation: An occupation or commercial activity conducted by a resident that results in a product or service and that is accessory and ancillary to the permitted principal residential use.

Effective on: 1/1/1901

Horizontal Illuminance: A term used to measure the quantity of light on a horizontal plane or surface.

Effective on: 1/1/1901

Hospice: A model of care that focuses on relieving symptoms and supporting patients with a life expectancy of six months or less. Hospice involves an interdisciplinary approach to provide medical care, pain management and emotional and spiritual support. The emphasis is on comfort, not curing. It can be provided in the patients’ home as well as freestanding hospice facilities, hospitals, nursing homes and other long-term care facilities.

Effective on: 1/1/1901

Hotel: A building containing apartments, each composed of bedroom, bathroom and closet space but without cooking facilities with the apartment units, with the exception of the units occupied by the management staff, being used only for the accommodation of transients and no cooking being permitted therein (see Motel).

Effective on: 1/1/1901

IESNA: Illuminating Engineering Society of North America, a non-profit professional organization of lighting specialists that has established recommended design standards for various lighting applications.

Effective on: 1/1/1901

Illuminance: The quantity of light measured or calculated at a point or series of points.

Effective on: 1/1/1901

Impervious Surface: A surface that restricts the infiltration of water into the ground such as all roofs, streets, sidewalks, driveways, parking lots, pavers, highly compacted soils, artificial turf, and other similar material, but excluding sidewalks 3 feet or less in width located in the front open space.

(Ord. No. 2520, 08/11/2025)

Effective on: 8/31/2025

Independent Senior Living: A living arrangement in which elderly or senior adults over the age of 55 live in individual dwelling units, and may receive hospitality services as a benefit of lease or purchase of the dwelling unit. Independent senior living does not include the receipt of custodial or medical services to occupants as a benefit of lease or purchase of the dwelling unit.

Effective on: 1/1/1901

Indoor Recreational Facility: Facilities such as indoor pools, weight rooms, basketball courts, and dance studios, art studios, and libraries.

Effective on: 1/1/1901

Interior Planting Area: Any area containing natural materials and live plantings that extends into, or is within a parking area.

Effective on: 1/1/1901

Lamp: The component of the luminaire that produces the actual light including luminous tube lighting.

Effective on: 1/1/1901

Landscape Lighting: Lighting which accentuates and enhances ornamental landscape features and plant materials.

Effective on: 1/1/1901

Light Nuisance: Detrimental illuminance within the visual field, that is sufficiently greater than the illuminance to which the eyes are adapted that causes annoyance, discomfort, and is otherwise distressful to surrounding property occupants.

Effective on: 1/1/1901

Light Trespass: Light that crosses any property line at a level that exceeds those set forth in the Birmingham city ordinance.

Effective on: 1/1/1901

Live/Work Unit: A combined live/work space or an integrated living unit and working space with an internal connection between the living unit and working space, occupied and utilized by a single family, in a commercial or mixed use zoning district.

Effective on: 1/1/1901

Lot: A lot of record or parcel of land including, in addition to the land required to meet the regulations of this chapter, all of the land area shown in a request for a Certificate of Occupancy and use or Zoning Ordinance Compliance Permit, occupied or intended to be occupied by a principal and accessory building or use (see Lot of record).

Effective on: 1/1/1901

Lot, Corner: A lot where the corner interior angle at the intersection of 2 streets is less than 135 degrees. A lot abutting a curved street or streets shall be considered a corner lot for the purpose of the Zoning Ordinance if tangents to the curve at the 2 points where the lot lines meet the curve form an interior angle of less than 135 degrees (see Street and Lot).

Effective on: 1/1/1901

Lot Coverage, Percent: The area of a lot that is covered by buildings and structures divided by the total lot area, excluding those items listed in 4.30(C), Projections into Required Open Spaces.

Effective on: 1/1/1901

Lot, Interior: Any lot other than a corner lot (see Lot).

Effective on: 1/1/1901

Lot Line, Front: In the case of an interior lot, the line separating the lot from the street. In the case of a corner or double frontage lot, lot line, front, means the line separating the lot from the street which is designated as front street in a request for a certificate of occupancy and use or zoning ordinance compliance permit (see Lot, corner and Lot).

Effective on: 1/1/1901

Lot Line, Rear: The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot.

Effective on: 1/1/1901

Lot Line, Side: Every side lot line which is a straight line from its intersection with the front lot line to its intersection with the rear lot line, provided that when the side lot line is the boundary line of a lot included in a recorded plat, it may be the side lot line even though it is not a straight line from the front lot line to the rear lot line.

Effective on: 1/1/1901

Lot of Record: A parcel of land delineated on a plat recorded with the county Register of Deeds (see Lot).

Effective on: 1/1/1901

Lot Width: The length of a straight line drawn between the points where the front setback cuts the side lot lines.

Effective on: 1/1/1901

Lumen: A unit of luminous flux that measures the total quantity of light emitted from a light source. For the purposes of this ordinance, the lumen output values shall be the initial lumen output ratings of a lamp.

Effective on: 1/1/1901

Luminaire: The assembly that holds a lamp(s) and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. A luminaire also includes the assembly for luminous tube and fluorescent lighting.

Effective on: 1/1/1901

Massage Facility: Any Turkish bath facility, steam bath, sauna bath, magnetic healing institute, or any room, place, establishment, or institution where treatment of any nature for the human body is given by means of massage, as defined in section 26-251 et seq. in the Birmingham City Code, and where a massage, alcohol rub, fomentation, bath physiotherapy, manipulation of the body or similar treatment is given.

Effective on: 1/1/1901

Mechanical Amusement Device: Any machine containing no automatic payoff device which may, on the insertion of a coin or slug, operate or be operated or used as a game, contest or amusement of any sort or description and which may or may not consist of electronic play appearing on a video screen and which is so constructed that it may not be converted into an automatic payoff device for the return or discharge of money, tokens, coins, checks or merchandise, or which provides no such payoff by any means whatsoever, provided that the term shall not include any coin-operated device used solely for the playing of music and provided further that the term shall include mechanical, electrical and electronic video games.

Effective on: 1/1/1901

Medical Rehabilitation Facility: A place designated for community health services, educational services, out- patient services, and/or administrative services exclusive of outpatient psychiatric and substance abuse facilities.

Effective on: 1/1/1901

Meeting Room: Building space designated for a special event such as, but not limited to, a formal or ceremonial dinner or for the gathering of people, especially to discuss or decide on matters of common interest.

Effective on: 1/1/1901

Mezzanine: An intermediate level or levels between the floor and ceiling of any story. The total floor area can- not be more than one-third of the room in which the mezzanine is located. A mezzanine does not constitute an additional story for zoning purposes.

Effective on: 1/1/1901

Midpoint: The average height between the eaves and the highest portion of the roof.

Effective on: 1/1/1901

Mixed Passage: An improved public way designed as a part of a community’s circulation system and which al- lows for simultaneous use by vehicular and pedestrian traffic.

Effective on: 1/1/1901

Mobile Home: A building, transportable in 1 or more sections, which is built on a permanent chassis and de- signed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Effective on: 1/1/1901

Motel: A series of attached, semi-attached, or detached apartments, each composed of bedroom, bathroom and closet space, but without cooking facilities, with each apartment having an entrance leading directly from the outside of the building with the apartment units, with the exception of the unit occupied by the management staff, being used only for the accommodation of transients and no cooking being permitted therein.

Effective on: 1/1/1901

New Construction: Structures for which the start of construction commenced on or after the effective date of Ordinance No. 1096.

Effective on: 1/1/1901

Nightclub: Commercial establishment operating after 10:30 p.m., having a maximum permitted occupancy load that exceeds the number of seats provided by more than a third, and which typically provides for food and/or drink consumption, dancing facilities for patrons, and the performance of live or recorded music at a sound level generally incompatible with normal conversation. A nightclub is open to the public and is not a banquet facility.

Effective on: 1/1/1901

Nonconforming: A building or use that does not conform with the regulations of the Zoning Ordinance or amendments for the zoning district in which it is located.

Effective on: 1/1/1901

Off-Street Loading Space: An on-premises space for the standing, loading and unloading of self-propelled vehicles to avoid undue interference with the public use of streets and alleys.

Effective on: 1/1/1901

Off-Street Parking Space: A space for the parking of an automobile that shall be a minimum of 180 square feet, exclusive of access drive aisles.

Effective on: 1/1/1901

Office: A building or a portion of a building wherein services are performed, including professional, financial (including banks), clerical, sales, administrative, dental services, or medical services.

Effective on: 1/1/1901

Open Space: All area of a lot except the areas occupied by a building, structure or impervious surface, excluding items listed in 4.30(C), Projections into Required Open Spaces. See Open Space, Percent.

Effective on: 1/1/1901

Open Space, Front: The open space extending the full width of the lot and of a depth equal to the required set- back measured horizontally at right angles to the front lot line which is unobstructed by any building or structure.

Effective on: 1/1/1901

Open Space, Percent: The total area of open space divided by the total area of a lot in which the open space is located. Items listed in 4.30(C), Projects into Required Open Space, shall be included as open space.

Effective on: 1/1/1901

Open Space, Rear: The open space extending the full width of the lot and having a depth which is the minimum horizontal distance between the rear lot line and the rear building line.

Effective on: 1/1/1901

Open Space, Side: The open space extending from the front open space to the rear open space and of a width equal to the required side setback measured horizontally at right angles to the side lot line which is unobstructed by any building or structure.

Effective on: 1/1/1901

Ornamental Landscape Feature: Ornamental features include but are not limited to benches, birdbaths, fountains, rocks, walls, fences, and gates.

Effective on: 1/1/1901

Outdoor Dining Patio: A defined outdoor area accessory to an existing food and drink establishment designated for consumption of food and/or drink prepared within the establishment and subject to the provisions of this ordinance.

(Ord. No. 2382, 05/22/2023)

Effective on: 6/11/2023

Outdoor Dining Platform: An elevated and defined outdoor area accessory to an existing food and drink establishment designated for consumption of food and/or drink prepared within the establishment that is located in a parking space and/or street and subject to the provisions of this ordinance.

(Ord. No. 2382, 05/22/2023) 

Effective on: 6/11/2023

Outdoor Display: The placement of any item(s) outside a building for decorative display and/or accessible to the public for the purpose of sale, rent, lease or exhibit.

Effective on: 1/1/1901

Outdoor Lighting: The nighttime illumination of an outdoor area or object by any man-made device located outdoors that produces light by any means.

Effective on: 1/1/1901

Outdoor Storage: The storage of any materials not fully enclosed within a building that are directly related to the principal use on the same property, excluding trash containers.

Effective on: 1/1/1901

Parcel: A continuous area of acreage of land under the ownership of the same person.

Effective on: 1/1/1901

Park: A recreational facility which may include playgrounds, playfields, sport courts and incidental structures associated with such land uses (e.g. bleachers, benches).

Effective on: 1/1/1901

Parking: An area used for the parking of motor vehicles.

Effective on: 1/1/1901

Parking Area, Total: The actual parking area and the area of the access drives.

Effective on: 1/1/1901

Parking Lot Interior: All areas within the perimeter of a parking lot, including planting islands, curbed areas, corner lots, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side.

Effective on: 1/1/1901

Party Store: A commercial establishment, other than a grocery store or drugstore, which is licensed by the state liquor control commission for the sale of packaged alcoholic beverages for consumption off premises.

Effective on: 1/1/1901

Passage: A pedestrian or bicycle way physically separated from vehicular routes that supplements mixed-use travel lanes and alleys as part of a community’s circulation system including, but not necessarily limited to, side- walks, pedestrian malls and gallerias.

Effective on: 1/1/1901

Pawnshop: An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase such property on the condition of selling it back again at a stipulated price. A pawnshop includes establishments that buy personal property, such as jewelry or artwork, made of gold or other valuable metals for refining. Consignment shops and antique shops are not considered pawnshops.

Effective on: 1/1/1901

Permanent Cosmetics: The permanent application of pigment into the skin for eyebrows, eyeliner, lip liner, blush, nipple areola, scar camouflage, or similar applications.

Effective on: 1/1/1901

Permanent Fixture (outdoor dining): Any element within an outdoor dining patio containing a foundation or other rigid attachment that prevents removal or that which requires extensive modifications to the public right-of-way.

(Ord. No. 2382, 05/22/2023) 

Effective on: 6/11/2023

Personal Services: An establishment that is open to the general public and engaged primarily in providing services directly to individual consumers, including, but not limited to, personal care services, services for the care of apparel and other personal items, but not including business to business services, medical, dental and/or mental health services.

(Ord. No. 2252, 11/13/2017)

Effective on: 1/1/1901

Philanthropic Use: Land uses such as senior citizen programs, youth programs, and other similar programs. Does not include correctional institutions, dormitory facilities or public dining hall facilities other than public dining hall facilities for citizens.

Effective on: 1/1/1901

Photometric Plan: A demonstration or topographic of light distribution over a given area.

Effective on: 1/1/1901

Rail District: All properties located within the boundary lines shown on the map below.

Effective on: 1/1/1901

Religious Institution: A building housing an organization founded on an established religion, such as a church, synagogue, mosque, temple, or other house of worship.

(Ord. No. 2297, 10/08/2018)

Effective on: 12/23/2018

Residential Occupancy: One or more persons occupying a dwelling unit.

Effective on: 1/1/1901

Retail Frontage Line: All lot lines abutting a public street that are required to be retail, as designated on the Downtown Birmingham 2016 Regulating Plan.

Effective on: 1/1/1901

Retail Use: Any of the following uses: artisan, community, commercial, entertainment (including all establishments operating with a liquor license obtained under Chapter 10, Alcoholic Liquors, Article II, Division 3, Licenses for Economic Development), bistro or restaurant uses.

Effective on: 1/1/1901

Right-of-Way: The strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation that is occupied, or intended to be occupied, by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.

Effective on: 1/1/1901

Rooftop: The external upper covering of a building.

(Ord. No. 2339, 08/05/2019) 

Effective on: 9/15/2019

School: An institution, either public or private, offering instruction in primary, secondary or collegiate courses of study.

Effective on: 1/1/1901

Screenwall: An opaque, freestanding wall aligned with the facade of an adjacent building for the purpose of screening.

Effective on: 1/1/1901

Seating Capacity: The seating capacity of a building or part thereof as determined by the specifications and plans filed with the Building Official. If individual seats are not provided, each 20 inches of benches, pews or similar seating accommodations spaced not less than 32 inches from back to back shall be considered as 1 seat.

Effective on: 1/1/1901

Security Lighting: Lighting used as a preventative and corrective measure against intrusions or other criminal activity on a physical piece of property. Security lighting may be provided to aid in the deterrence or detection of intruders, increase visibility, or to establish the feeling of safety.

Effective on: 1/1/1901

Senior: A family where the head of the household is 62 years of age or older or a single person who is 62 years of age or older.

Effective on: 1/1/1901

Setback: That distance set forth on each two-page layout in Article 2, between any lot line and a line parallel thereto on the same lot except as otherwise provided in the Zoning Ordinance (see Lot and Building).

Effective on: 1/1/1901

Shadow Flicker: Alternating changes in light intensity caused by a moving blade casting shadows on the ground and/or stationary objects.

Effective on: 1/1/1901

Shrub: A woody plant less than 15 feet in mature height, consisting of several small stems from the ground or small branches near the ground, which may be deciduous or evergreen.

Effective on: 1/1/1901

Sign: Any object, device, logo, display or structure or part thereof, which is intended to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. Sign shall be deemed to be a single sign whenever the proximity, design, context or continuity reasonably suggests a single unit, notwithstanding any physical separation between parts. Sign shall include any banner, festoon, bulbs or other lighting devices, streamer, pennant, balloon, propeller, flag (other than the official flag of any nation, state or nonprofit organization or flag with no commercial advertising on its face) and any similar device of any type or kind whether bearing lettering or not.

Effective on: 1/1/1901

Skilled Nursing Facility: Facility which provides inpatient skilled nursing care and related services to patients who require medical, nursing or rehabilitative services but do not require the level of care provided in a hospital. Also referred to as Nursing Home or Convalescent Home. This use does not include:

1. Facilities that negotiate sleeping arrangements on a daily basis;
2. Dwelling units occupied by families (note: dwelling units occupied exclusively by families are considered to be single-family, two-family, or multiple-family uses as the case may be);
3. Halfway houses for criminal rehabilitation;
4. Overnight general purpose shelters; and
5. Criminal rehabilitation facilities.

Effective on: 1/1/1901

Social Club: A formal organization of people or groups of people with similar interests.

Effective on: 1/1/1901

Specialty Food Store: A store selling foods and beverages that exemplify quality, innovation and style in their category. Their specialty nature derives from some or all of the following characteristics: their originality, authenticity, ethnic or cultural origin, specific processing, ingredients, limited supply, distinctive use, extraordinary packaging or specific channel of distribution or sale.

Effective on: 1/1/1901

Special Purpose Housing: A public or private residential building containing dwelling units designed for the use and occupancy by seniors, the units of which are rented at a rate which would be not more than 110% of the rates permitted under federal or state subsidized housing for similar units for housing by seniors.

Effective on: 1/1/1901

Staff Arborist: The designee(s) of the Director of Engineering and Public Service, who is/are assigned with the responsibilities of administration and enforcement of this ordinance in conjunction with the Community Development Department.

Effective on: 1/1/1901

Storefront: The portion of the building at the first story of a frontage line.

Effective on: 1/1/1901

Story: That portion of a building included between the upper surface of any floor and the upper surface of any floor above, or any portion of a building between the ceiling and the roof. A mezzanine or habitable attic shall not be counted as a story for purposes of determining number of stories (see Basement, Building height and Mezzanine and habitable attic).

Effective on: 1/1/1901

Street: A dedicated and accepted public thoroughfare or a permanent, unobstructed private easement of access having a width of more than 25 feet which affords the principal means of vehicular access to abutting property; provided such private easement existed prior to December 12, 1966 (see Alley).

Effective on: 1/1/1901

Street Tree: A variety of trees located within the public right-of-way. The Staff Arborist maintains the list of approved species.

Effective on: 1/1/1901

Structure: Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, including swimming pools. The term “structure” shall not include walls, fences, ornamental landscape features, driveways and sidewalks.

Effective on: 1/1/1901

Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Effective on: 1/1/1901

Swept Area: The area through which the rotor blades of a wind turbine spin, as seen when directly facing the center of the rotor blades.

Effective on: 1/1/1901

Swimming Pool, Private: A swimming facility on private property for private use.

Effective on: 1/1/1901

Swimming Pool, Public: A swimming facility open to the public.

Effective on: 1/1/1901

Swimming Pool, Semi-private: A swimming facility intended for residents within a particular neighborhood.

Effective on: 1/1/1901

Tattoo Parlor: An establishment offering tattoo services including the creation of marks or figures upon the human body, by insertion of pigment under the skin or by production of scars, or otherwise. Beauty salons, spas or medical offices that offer permanent cosmetics are not tattoo parlors.

Effective on: 1/1/1901

Terminated Vistas: A building or structure, or a portion thereof, as designated on the Regulating Plan, that terminates a view with architectural features of enhanced character and visibility.

Effective on: 1/1/1901

Tobacconist: A dealer in tobacco, especially at retail.

Effective on: 1/1/1901

Tower Height: Height of a wind energy facility measured from grade to the tip of the rotor blade or assembly at its highest point.

Effective on: 1/1/1901

Tract: See Parcel.

Effective on: 1/1/1901

Transition Line: A horizontal line that extends the full width of a facade expressed by (1) a material change, (2) a trim line, or by (3) a continuous balcony a maximum of 2.5 feet deep.

Effective on: 1/1/1901

Tree: A large woody plant with a root system, a trunk system supporting a defined crown and of a species that grows to a height of 15 feet or more, unless of a weeping growth pattern.

Effective on: 1/1/1901

Triangle District: All properties located within the boundary lines shown on the map below.

 

 

Effective on: 1/1/1901

Turbine Tower: Any structure, including its supports, that are ground-mounted, taller that 12', and designed and constructed primarily for the purpose of supporting wind turbines. This includes self-supporting lattice towers or monopole towers.

Effective on: 1/1/1901

Use, Accessory: A subordinate use that is customarily incidental to the principal use on the same lot. In case a question arises as to the degree of being incidental or length of custom, the Board of Zoning Appeals shall rule. Accessory uses taking place on not more than 2 occasions per calendar year for not more than 48 hours on each occasion are not subject to the regulations of the Zoning Ordinance.

Effective on: 1/1/1901

Use, Principal: The primary and chief purpose for which a lot is used, which use is conducted within a principal building, or as otherwise specified by the Zoning Ordinance.

Effective on: 1/1/1901

Use, Regulated: Certain uses that are declared to be potentially detrimental and to have the possible effect of downgrading and blighting the surrounding neighborhood, particularly when concentrated in one area. All regulated uses also require a valid Special Land Use Permit. For the purposes of the Zoning Ordinance, the following are declared to be regulated uses:

1. Adult bookstores
2. Adult motion picture theaters
3. Pawnshops
4. Billiard games
5. Nightclubs
6. Motorcycle sales and rental agencies
7. Tractor and garden vehicle sales and rental agencies
8. Massage facilities and massage schools
9. Bathing establishments
10. Mechanical amusement devices
11. Tattoo parlors
12. Electronic video games

Effective on: 1/1/1901

Vehicular Canopy: A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a businesses’ services.

Effective on: 1/1/1901

Vertical Illuminance: A term used for measuring light illuminating a vertical plane or surface.

Effective on: 1/1/1901

Via: An alley or passage.

Effective on: 1/1/1901

Wall Art – An artistic design applied to the exterior surface of a structure in a permanent or temporary manner. The location of wall art is limited to elevations of structures facing the side or rear lot line within the defined Rail District boundary, side elevations with a 0 foot setback in the Triangle District and Downtown Overlay District, and elevations facing a public or private alley, passage, or via in the Downtown Overlay and the Triangle District as specified in the Via Activation Overlay District. Wall art is only permitted in compliance with Chapter 126, the City of Birmingham Zoning Ordinance Article 7, Section 7.41 – 7.44. Wall art is not permitted on a building facing an alley, passage or via that any of which abuts a single-family residential zoned property.

(Ord. No. 2358, 12/13/2021) 

Effective on: 1/2/2022

Wall Pack: A floodlight mounted on the wall of a building or other structure.

Effective on: 1/1/1901

Windbreaks: Temporary, seasonal elements in an outdoor dining facility provided to reduce the effect of harsh weather conditions for seated patrons.

(Ord. No. 2382, 05/22/2023) 

Effective on: 6/11/2023

Wind Energy Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, base, tower, generator, turbine, rotor, blades, and accessory equipment such as transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Effective on: 1/1/1901

Wind Turbine: A machine that captures the force of the wind. Referred to as a Wind Generator when used to produce electricity and a Windmill when used to crush grain or pump water. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Effective on: 1/1/1901