Pursuant to the authority conferred by Public Act 207, P.A. 1921 (MCL 125.851 et seq.) (P.A. 285 (MCL 125.31 et seq.)), as amended, of the State of Michigan and for the purpose of promoting and protecting the public health, safety, peace, comforts, convenience and general welfare of the inhabitants of the City of Boyne City by protecting and conserving the character and social and economic stability of the residential, commercial, industrial, and other use areas, by securing the most appropriate use of land; preventing overcrowding; and facilitating adequate and economical provision of transportation, water, sewers, schools, recreation, and other public requirements; and by other means, all in accordance with a comprehensive plan.

Now therefore the City of Boyne City ordains:

This ordinance shall be known and may be cited as the "City of Boyne City Zoning Ordinance," and will be referred to herein as "this ordinance."

A.

For the purposes of this ordinance, certain terms or words herein shall be interpreted as follows:

1.

Words used in the present include the future tense, unless context clearly indicates the contrary;

2.

The singular includes the plural, unless context clearly indicates the contrary;

3.

The word "person" includes an individual, a firm, an association, an organization, a corporation (public or private), a partnership or co-partnership, a limited liability company, an incorporated or unincorporated association, a trust, or any other entity recognizable as a "person" under the laws of the State of Michigan;

4.

The word "lot" is intended to mean the word "plot" or "parcel";

5.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged or designed to be used or occupied";

6.

The word "dwelling" includes "residence";

7.

The terms "abutting" or "adjacent to" include property "across from," such as across a street, alley, or an easement. This term shall also apply to adjacent zoning districts in an adjacent community;

8.

The term "act" or "doing of an act" includes "omission to act";

9.

This term "occupied" shall include "arranged," "designed," "built," "altered," "converted to," "rented," "leased" or "intended to be inhabited," not necessarily for dwelling purposes; [and]

10.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected items, conditions, provisions or events shall apply;

b.

"Or" indicates that all the connected items, conditions, provisions or events shall apply singly or in any combination (i.e., "or" also means "and/or"); [and]

c.

"Either ... or" indicates that the connected items, conditions, provisions or events may apply singly.

B.

The particular shall control the general.

C.

In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.

D.

The word "shall" is also mandatory and not discretionary. The word "may" is permissive.

E.

The word "building" includes the word "structure." A "building" or "structure" includes any part thereof, attached to the building or structure.

F.

For the purpose of this ordinance, terms not herein defined shall have the meaning customarily assigned to them.

For the purpose of this ordinance, certain terms or words shall be defined as follows:

Access management (access control): A technique to improve traffic operations along a major roadway and decrease the potential for accidents through the control of driveway locations and design; consideration of the relationship of traffic activity for properties adjacent to, and across from, one another; and the promotion of alternatives to direct access.

Access to property, reasonable: A property owner's legal right, incident to property ownership, to access a public road right-of-way. Reasonable access to property may be indirect and certain turning movements may be prohibited for improved safety and traffic operations.

Accessory use: A use customarily incidental or subordinate to the principal use or building and located on the same lot with the principal use or building. Accessory uses include, but are not limited to, garages, storage buildings, home occupations, greenhouses, and swimming pools.

Adequate lateral support: The control of soil movement on a site as determined by accepted engineering standards.

Adult day care facility: A facility which provides daytime care for any part of a day but less than 24-hour care for functionally impaired persons provided through a structured program of social and rehabilitative or maintenance services in a supportive group setting other than the client's home. Such facilities are not licensed, however those receiving funds through an area agency on aging must comply with adult day care standards promulgated by the Michigan Office of Services to the Aging.

Adult foster care facility: A governmental or nongovernmental establishment that provides supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation for adults over 18 years of age. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential center for persons released from or assigned to a correctional facility. These facilities are licensed and regulated by the state under Michigan Public Act No. 218 of 1979 (MCL 400.701 et seq.), as amended, and rules promulgated by the Michigan Department of Consumer and Industry Services. Such facilities are classified as follows:

1.

Adult foster care congregate facility: An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.

2.

Adult foster care small group home: An adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

3.

Adult foster care large group home: An adult foster care facility with approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

4.

Adult foster care family home: A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for 24 hours a day for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult regulated uses or sexually-oriented businesses:

1.

Uses: Any business, which primarily features sexually stimulating material and/or performances, including the following uses:

A.

Adult business use: "Adult business use" is specifically defined as follows:

1)

Adult business: Adult bookstores, adult movie theaters, adult personal service businesses, adult cabarets, massage parlors, tattoo parlors, and nude modeling studios.

2)

Adult bookstore: An establishment having a substantial portion (more than 20 percent of its stock in trade in books, magazines and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes and novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined herein) or an establishment with a segment or section devoted to the sale or display of such material, which segment or section exceeds ten percent of the usable floor area of the establishment.

3)

Adult cabaret:

a.

Group A cabaret: An establishment which features nude or seminude entertainers, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, nude or seminude waitresses or waiters or similar entertainers, or an establishment which features live entertainment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

b.

Group D cabaret: An establishment licensed by the Michigan Liquor Control Commission, which establishment offers beer or intoxicating liquor for consumption on the premises and features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, topless waitresses or similar entertainers.

4)

Adult model studio: Any place where models who display "specified anatomical areas" (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of compensation or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

5)

Adult motion picture arcade or miniature motion picture theater: Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to "specified sexual activities" or "specified anatomical areas" (as defined herein).

6)

Adult movie theater or adult live stage performing theater: An enclosed building or room used for presenting motion picture films, video cassettes, cable television or any other visual media having as a dominant theme materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activity" or "specified anatomical areas" (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

7)

Adult outdoor motion picture theater: A drive-in theater where a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons of theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

8)

Adult personal service business: A business having as its principal activity a person, while nude or while displaying specified anatomical areas (as defined herein), providing personal services for another person. Such a business includes, but is not limited to, modeling studios, body painting studios, wrestling studios and conversation parlors.

Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services, massages, body rubs, body painting, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult personal service establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult personal service establishment:

a.

Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed physical therapist, a licensed practical nurse practitioner, or any other similarly licensed or certified medical professionals;

b.

Establishments which offer massages performed by certified massage therapists;

c.

Gymnasiums, fitness centers and health clubs;

d.

Electrolysis treatment by a licensed operator of electrolysis equipment;

e.

Continuing instruction in martial or performing arts, or in organized athletic activities;

f.

Hospitals, nursing homes, medical clinics, or medical offices;

g.

Barbershops, beauty parlors, hair stylists and salons which offer massages by certified massage therapists; and

h.

Adult photography studios whose principal business does not include the taking of photographs of "specified anatomical areas" (as defined herein).

9)

Adult video store: An establishment having a substantial portion of its stock-in-trade devoted to the distribution, display, storage, or on-premises viewing of films, movies, motion pictures, video cassettes, slides, or other visual representations which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

10)

Sexual paraphernalia store: An establishment having a substantial portion of its stock-in-trade devoted to the distribution, display, or storage, of instruments, devices, or paraphernalia designed for use related to "specified anatomical areas" or as part of, in connection with, or related to "specified sexual activities" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

B.

Special definitions. With respect to adult regulated uses or sexually oriented businesses, the following terms and phrases shall have the following meanings:

1)

Substantial portion: A use of activity accounting for more than 20 percent of any one or more of the following: stock-in-trade, sales revenue, display space, floor space, viewing time, movie display time, or entertainment time measured per month.

2)

Specified anatomical areas: Portions of the human body defined as follows:

a.

Less than completely and opaquely covered:

1)

Human genitalia and pubic region;

2)

Buttock and anus; and

3)

Female breast below a point immediately above the top of the areola; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3)

Specified sexual activities: The explicit display of one or more of the following:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Fondling or other erotic touching of human genitalia, pubic region, buttocks, anus, or female breast;

c.

Human sex acts, normal or perverted, actual or simulated including, but not limited to human masturbation, oral copulation, sexual intercourse, or sodomy;

d.

Human excretory functions as part of, or as related to, any of the activities described above; [or]

e.

Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or related to, any of the activities described above.

4)

Sexual intercourse: Fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any part of a person's body, or of any object, into the genital or anal openings of another's body.

5)

Sodomy: Sexual bestiality.

6)

Buttock: The anus and perineum of any person.

7)

Massage parlor: An establishment wherein private massage is practiced, used or made available as a principal use of the premise[s].

8)

Massage: The manipulation of body muscle or tissue, by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another for a fee.

9)

Nude modeling studio: Any building, structure, premises or a part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.

Alley: A public or legally established thoroughfare, other than a street, which affords only a secondary means of vehicular access to property abutting thereon.

Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; a change, addition, enlargement, or modification in construction or type of occupancy, whether by extending on a side or by increasing in height; or the moving from one location or position to another. The consummated act of which may be referred to herein as "altered" or "reconstructed."

Alternative tower structure: Manmade trees, clock towers, bell steeples, light poles and other similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Animal, wild or exotic: Any animal not domesticated by humans or any animal, which a person is prohibited from possessing by law. Wild or exotic animals shall include, but shall not be limited to, the following: alligator and crocodile (family); deer (family); opossum (family); badger; wild dog or wolf (family); primate excluding humans (family); bear; raccoon; ferret; skunk; wild cat (family); lemur; spider (poisonous); coyote; lizard, snake, and other reptile (poisonous); weasel (family); wild boar or swine (family, not including potbelly pigs); and marten.

Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Apartment: A suite of rooms or a room in a multiple-family, commercial, or other building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

Apartment, accessory: (i.e., "mother-in-law" apartment) A single apartment unit contained within a single-family home, or separate from but contained within the same lot as a single-family home, meeting the regulations of this ordinance.

Appeal: An entreaty or demand for a hearing or review of facts and/or actions in connection with the public enforcement of this zoning ordinance.

Area, gross site: The total area of a planned unit development site including floodplains and wetlands.

Architectural feature: Any building, structure, or significant portion thereof, that is sufficiently distinctive or unusual in design or construction as to warrant the preservation and minimal alteration of its original form. "Architectural features" of a building include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

Automotive fueling station: A place where engine fuels are offered for sale (stored only in underground tanks) excluding facilities for automotive repair or serving, and with or without accessory space for the retail sale of automotive or general merchandise, however such space shall be limited to 100 square feet of gross floor space.

Automotive repair station: A place where, along with or without the sale of engine fuels, the following services may be carried out in a completely enclosed building: general repair, engine and transmission rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, steam cleaning, undercoating and rustproofing; overall painting and undercoating of automobiles; clutch, differential, axle and spring repairs; repairs of the radiator that require removal; recapping or retreading of tires; and similar servicing, rebuilding or repairs that normally require significant disassembly or storing the automobiles on the premises overnight.

Automotive service center/station: A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and includes the customary space and facilities for the installation of such commodities on or in such vehicles, including space for facilities for storage, minor repair or servicing, limited to the following: engine tuneups, servicing of spark plugs, batteries, distributors and distributor parts; servicing of brakes and shocks, air conditioning and exhaust systems; oil change or lubrication; tire servicing and repair to include replacement, wheel balancing and alignment, but not recapping or regrooving; installation or replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, mirrors, auto glass, accessory equipment, and the like; radiator cleaning and flushing; fuel pump, oil pump and line repairs; minor servicing and repair of carburetors; or similar servicing or repairs that do not normally require any significant disassembly or storing the automobiles on the premises overnight. Sales of new and used automobiles, trucks, motorcycles, other land vehicle types, boats or other watercraft, aircraft, or sales unrelated to service station uses, are not included.

Automobile wash establishment: A building or portion thereof where automobiles or other vehicles are washed with either self-service mechanisms or the use of a chain conveyor and blower and having, as optional equipment, steam cleaning devices.

Bar, cocktail lounge, or nightclub: An establishment licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where more than 30 percent of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to and consumed by customers, and also including areas dedicated for the use of stages, dance floors, standing-room areas, pool tables and similar mechanical amusement devices.

Base flood: A flood having a one percent chance of being equaled or exceeded in any given year.

Basement: That portion of a building which is partly or wholly below grade but so located that the vertical distance from mean grade to the floor is greater than the vertical distance from the mean grade to the ceiling. A basement shall not be counted as a story unless over 50 percent of its height is above the level from which the height of the building is measured.

Bedroom: A room in a dwelling unit used for or intended to be used solely for sleeping purposes by human beings.

Berm: A mound of soil graded, shaped and improved with grass or landscaping in such a fashion so as to be utilized for screening purposes.

Block: Property abutting one side of a street and lying between the two nearest intersecting streets or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or stream, or between any of the foregoing and any other barrier to the continuity of development.

Board of appeals: The zoning board of appeals of the City of Boyne City.

Boardinghouse (tourist house): A building, other than a hotel, motel, or bed-and-breakfast inn, where lodging and meals for more than five but no more than 20 persons are served for compensation for a length of stay not to exceed ten days.

Boat: Boats, floats, rafts and the attached normal equipment to transport the same on highways.

Brewpub: A restaurant or tavern (as defined within this ordinance) licensed by the State of Michigan to produce and manufacture not more than 5,000 barrels of beer per calendar year in Michigan, and sell at retail on the premises the beer produced and manufactured for consumption on or off the premises in the manner provided for in MCLA 436.31b and 436.31c.

Buffer zone: A strip of land often required between certain zoning districts or land uses reserved for plant material, berms, walls, or fencing to serve as a visual barrier.

Buildable area: The space remaining on a lot after compliance with the minimum required setbacks of this ordinance.

Building: A structure that encloses space intended for the occupancy of persons or animals or the storage of goods and chattels for purposes of residence, recreation, services and economic enterprises, which structure shall have a roof supported by columns or walls, or some other support mechanism.

Building, accessory: A supplementary building or a portion of a main building, the use of which is incidental to, customarily found in connection with, devoted exclusively to, and subordinate to that of the main building and which is located on the same lot as the main building. "Accessory building" includes garages, garden equipment sheds, small greenhouses, swimming pools, and accessory apartments.

Building height: The vertical distance measured from the natural grade prior to any excavation or construction, to the highest point of the surface for flat roofs; to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

[1.]

Where a building is located on sloping terrain, the height shall be measured from the lowest exposed point of a building to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable hip and gambrel roofs.

[2.]

For roofs which are not symmetrical, the mean height between the eaves and ridge shall apply to the highest midpoint computed for each separate roof surface. When more than one type of roof is present in a building design, each roof surface shall be considered separately. No roof surface shall exceed the permitted height allowed for that particular roof type.

Building line (setback line): The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided in this ordinance. Such line, when adjacent to a building, is normally formed by the junction of the line formed by drip edge of home with the finish grade or surface of the adjoining ground.

Building, public and semipublic institutional: Buildings and structures of governmental agencies and nonprofit organizations including, but not limited to, office buildings, churches, municipal parking lots, post offices, libraries, and community centers.

Build-to line: An alignment that dictates the front yard setback from a street or public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line does not apply to building projections or recesses.

Build-up line: An alignment that dictates an average height to the cornice line or to the roof edge line on a street or space.

Camper, pickup: A recreational unit designed to be mounted on a pickup or truck chassis, with sufficient equipment to render it suitable for use as temporary lodging for travel, recreational and vacation uses.

Canopy tree: A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purposes of a canopy tree are to provide shade to adjacent ground areas and to enhance aesthetics.

Cemetery: Land used or intended to be used for burial of the human dead and dedicated for such purpose.

Certificate of occupancy: A certificate issued by the planning director or zoning administrator, after final inspections, indicating his opinion that all the provisions of this ordinance are being complied with and met. No building or structure or use for which a zoning permit has been issued shall be occupied until the planning director has, after final inspection, issued a certificate of occupancy (CO). The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.

Childcare organization: A governmental or nongovernmental organization having as its principal function the receiving of minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. These facilities care for children under the age of 18 years of age, and are licensed and regulated by the state under Act No. 116 of the Public Acts of 1973 (MCL 722.111 et seq.), as amended, and Act No. 218 of the Public Acts of 1979 (MCL 400.701 et seq.), as amended, and the associated rules promulgated by the state department of consumer and industry services. Such care organizations are classified below:

1.

Childcare center or daycare center: A facility other than a private residence, receiving one or more preschool or school age children for group daycare for periods of less than 24-hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility, which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a childcare center, daycare center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Childcare center" or "daycare center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

2.

Child caring institution: A child care facility which is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools, or an adult foster care facility in which a child has been placed.

3.

Foster family home: A private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

4.

Foster family group home: A private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

5.

Family day care home: A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24-hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

6.

Group day care home: A private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

Church: A building, the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses.

Clinic: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals on an outpatient basis only. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for inpatient care or major surgery.

Club: An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

Cluster housing: A group of buildings and especially houses built close together to form relatively compact units on a sizable tract in order to preserve open spaces and environmentally sensitive areas larger than the individual yards for common recreation.

Commercial center, planned: A business development under single ownership consisting of two or more retail or service outlets characterized by common architecture, a pedestrian and vehicle circulation system, and off-street parking.

Comprehensive plan (master plan): The master plan including graphic[s] and written proposals indicating the development goals and objectives, the planned future use of all land within the City of Boyne City, as well as the general location for streets, parks, schools, public buildings, and all physical development of the City of Boyne City, and includes any unit or part of such plan, and any amendment to such plan or part thereof. Such plan shall be adopted by the planning commission and may or may not be adopted by city commission.

Condominium: A condominium is a system of separate ownership of individual units and/or multiple-unit projects according to Public Act [No.] 59 of 1978 (MCL 559.101 et seq.), as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.

Condominium Act: State of Michigan Public Act [No.] 59 of 1978 (MCL 559.101 et seq.), as amended.

Condominium, contractible: A condominium project from which any portion of the submitted land or building may be withdrawn in pursuant to express provisions in the condominium documents and in accordance with the City of Boyne City Code of Ordinances and the Condominium Act.

Condominium, conversion: A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

Condominium, convertible area: A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this ordinance and the Condominium Act.

Condominium, expandable: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this ordinance and the Condominium Act.

Condominium, general common element: The common elements other than the limited common elements intended for the common use of all co-owners.

Condominium - limited common element: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

Condominium master deed: The condominium document recording the condominium project as approved by the city including attached exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

Condominium, site condominium project: A condominium project designed to function in a similar manner, or as an alternative, to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this ordinance.

Condominium subdivision plan: Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by section 66 of Public Act 59 of 1978, as amended.

Condominium unit site (i.e., site condominium lot): The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium unit site shall become a limited common element. The term "condominium unit site" shall be equivalent to the term "lot" for purposes of determining compliance of a site condominium subdivision with the provisions of this ordinance pertaining to minimum lot size, minimum lot width, minimum lot coverage and maximum floor area ratio. Condominium setbacks shall be measured as described below:

1.

Front yard setback: The distance between the public street right-of-way or private road easement line and the eave overhang of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from 15 feet from the nearest pavement edge to the eave overhang of the unit.

2.

Side yard setback: The distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two units shall be double the side yard setback required in the zoning district.

3.

Rear yard setback: The perimeter shall be the distance between the limit of the development and the rear of the unit; within the development rear yards setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or where lot lines are not defined, the space between the rear building lines of two buildings shall be double the rear yard setback required in the zoning district.

Condominium unit: The portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a timeshare unit, or any other type of use.

Convalescent home or nursing home: A home for the care of children, the aged or the infirm, or a place of rest for persons suffering serious bodily disorders, wherein two or more persons are cared for. Such home shall also conform to and qualify for a license under applicable state laws (Public Act 139 of 1956, as amended).

Court: A yard, other than a required open space, on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings.

Cul-de-sac: A dead-end public or private street, which terminates in a circular or semicircular section of street which allows for vehicle turnaround.

Density: The number of dwelling units situated on or to be developed per net or gross acre of land.

Detention facility: A facility designed for holding stormwater runoff for a short period of time and then releasing it to the natural watercourse where it returns to the hydrologic cycle.

Development: The construction of a new building or other structures on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

Development plan: A scaled drawing which shows the existing conditions, the location and dimensions of improvements upon a parcel of land, including, but not limited to, location and size of buildings, driveways, parking areas, landscaping, sidewalks, signs, sewage systems, and drainage facilities, environmental features, and other elements required herein as applicable to the proposed development to ensure compliance with this ordinance.

District: A section or sections of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. A portion of the city within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under this zoning ordinance. This term is synonymous with the term "zone" or "zoning district."

Drainageways and streams: Permanent or intermittent watercourses.

Drive-in establishment: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in or momentarily stepped away from their motor vehicles, rather than within a building or structure, so that consumption within motor vehicles may be facilitated.

Drive-through establishment: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to service patrons from a window or booth while in their motor vehicles, rather than within a building or structure, so that consumption off the premises may be facilitated. This is distinguished from a retail establishment whose primary function is service to customers inside a building, but which has a supplementary drive-through facility.

Dwelling: Any structure, building, or portion thereof, on-site built, prefabricated, preassembled, or pre-built, having cooking facilities and contains lavatory and bathing facilities in a separate room, which is designed, used, and occupied wholly as the home, residence or sleeping place for complete living accommodations of one family, either permanently or transiently.

Dwelling, attached: A dwelling unit attached to one or more dwelling units by common major structural elements.

Dwelling, detached: A dwelling unit, which is not attached to any other dwelling unit by any means.

Dwelling, efficiency unit: A dwelling unit consisting of one room, exclusive of a bathroom, kitchen, hallway, closet or dining alcove directly off the principal room providing not less than 350 square feet of floor area.

Dwelling, manufactured home: A building or portion of a building designed for long-term residential use and characterized by all of the following:

1.

The structure is produced in a factory and is in compliance with all applicable codes to be classified and used as a dwelling;

2.

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities;

3.

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

A mobile home and modular home are considered manufactured homes.

Dwelling, mobile home: A structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered "mobile homes" for the purposes of this ordinance.

Dwelling, modular home: A dwelling which consists of prefabricated units transported to the site in two or more sections on a removable undercarriage or flat-bed and assembled for permanent location upon a permanent foundation on the lot, and to which such major elements as the heating system or a substantial portion of the siding are installed after transport, and which shall not be considered a mobile home.

Dwelling, multiple: A building or portion thereof containing three or more dwelling units and designed for, and occupied as, the home of three or more families living independently of each other.

Dwelling, right-of-way, terrace, or townhouse: A freestanding building of not less than four dwelling units arranged laterally, each with individual outside entrances and not more than two stories in height. A dwelling unit, complete with utilities and sleeping quarters, may occupy one or two floors. Each dwelling unit, or units when arranged vertically, shall comprise a section, and there shall be, as a minimum, a fireproof wall without doors, windows or other openings separating any two sections from any other section or sections.

Dwelling, single-family: A building containing one dwelling unit and designed for, or occupied by, only one family.

Dwelling, site built: A dwelling unit, which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of pre-cut materials, and paneled wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as it final location.

Dwelling, two-family: A building containing two dwelling units and designed for, and occupied as, the home of two families living independently of each other.

Easement: A grant of one or more of the property rights by a property owner to and/or for use by the public, or another person or entity.

Erected: Built, constructed, reconstructed, moved upon or any physical operation on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

Essential public service building: A building or structure principal or accessory to an essential public service.

Essential public service building storage yard: An outdoor storage area principal or accessory to an essential public service.

Essential services: The erection, construction, alteration, or maintenance by public utilities or municipal departments, commissions, or boards of underground or overhead gas, electrical, steam, telephone, fiberoptic, internet, community antenna television (CATV), water, sewer, or other transmission, distribution, collection, supply or disposal systems including poles, wires, mains, pipes, conduits, cables, hydrants, and other similar equipment and appurtenances necessary for such systems to furnish an adequate level of service. Telecommunication towers or facilities, alternative tower structures, and wireless communication facilities antenna are specifically excluded from this definition.

Excavation: Any breaking of ground, except common household gardening and ground care.

Family: An individual or group of two or more persons related by blood, marriage or adoption, together with foster children or servants of the principal occupants, with not more than two additional unrelated persons, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuous, nontransient, domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms of other similar determinable periods.

Fence: A [An] accessory structure of definite height and location intended to serve as: a physical barrier to property ingress or egress; a screen from objectionable vista or noise; a marker; an enclosure in carrying out the requirements of this ordinance; or for decorative use.

Fence, obscuring: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this ordinance.

Filling: The depositing or dumping of any matter onto, or into the ground, except common household gardening and general farm care.

Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry areas from:

1)

The overflow of inland or tidal waters; and

2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area: Land which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.

Flood hazard boundary map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM): An official map of a community, issued by the Federal Insurance Administration, which has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study: The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map, and the water surface elevation of the base flood.

Flooding, area of shallow: A designated AO zone on the flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.

Flooding, ordinary high water mark: The line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface soil, and the vegetation.

Floodplain: Any land area susceptible to being inundated by water form any source. (See "flood.")

Floodway: The channel of a river or other watercourse and the adjacent land areas designated in the flood insurance study which must be reserved in order to discharge the base flood.

Floor area: The sum of the gross horizontal areas of several stories of the building measured from the exterior faces of the exterior walls or from the center line of party walls, but not including porches (enclosed or unenclosed), breeze ways, garages (attached or unattached), basements, utility rooms, unfinished attics, or any space devoted to off-street parking or loading. The "floor area" of a building, which is what this normally is referred to as, includes the basement floor area when more than one-half of the basement height is above the established curb level or finished lot grade, whichever is higher.

Floor area, gross leasable area (GLA): The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is all the floor area on which tenants pay rent.

Floor area ratio (FAR): The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located. Example: a FAR of 2.0 would allow floor space of twice the lot area, or a four-story, building covering one-half of the lot. A FAR of 0.5 would allow floor space of one-half the lot area, or a two-story building covering one-quarter of the lot.

Floor area, usable: That portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or to customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for the display or sale of goods or merchandise, but not including areas used or intended to be used for the storage of merchandise, utility or mechanical equipment rooms or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it of four feet or more.

Food: As used in connection with restaurant facilities, this term includes frozen desserts and nonalcoholic beverages.

Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the right-of-way line of the street.

Garage, community: An accessory building for the storage of non-commercial vehicles, with no public shop or service facilities in connection therewith.

Garage, private: A garage for four or fewer passenger motor vehicles, without provision for repairing or servicing such vehicles for profit.

Garage, public: A building or structure for the storage or parking of more than four passenger motor vehicles or motor-powered boats, or more than one commercial motor vehicle, and in which provision may be made for the dispensing of gasoline, oil or similar products for the servicing of such vehicles. A public garage shall be classified according to its specific use in one of the following groups:

1.

Group 1: A public garage in which provision is made for the care, storage, repair or painting of motor vehicles; or

2.

Group 2: A public garage used exclusively for passenger vehicles that will accommodate not more than nine passengers.

Garbage: All refuse, and accumulation of all waste, animal, fish, fowl, fruit or vegetable matter incident to the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit and vegetables, including spoiled food, dead animals, animal manure and fowl manure.

Garden center: An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies, landscaping materials, and equipment.

Glare: The effect produced by brightness or a source of illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade:

A.

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;

B.

For the buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets; [and]

C.

For buildings having no wall adjoining the sidewalks or street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Grade, average: The arithmetic average of the lowest and highest grade elevations in an area within five feet of the foundation line of a building or structure.

Grade, finished: The lowest point of elevation between the exterior wall of the structure and a line five feet from the exterior wall of the structure.

Grade, natural: The elevation of the ground surface in its natural state, before construction begins.

Greenbelt: A strip of land, not less than five feet in width, which is planted with trees or shrubs acceptable in species and caliber to the planning commission and/or planning director and in compliance with the requirements of this ordinance.

Harmful increase: An unnaturally high stage on a river, stream or lake that causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.

High water elevation: For Lake Charlevoix, this is the highest water level elevation for Lake Michigan/Huron as recorded by the United States Army Corps of Engineers, (582.4' I.G.L.D.). For all other lakes and streams, this level is the 100-year floodplain.

Home occupation: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, not involving more than one employee other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and does not endanger the health, safety and welfare of any other person residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, profession or hobby. However, no article or service shall be sold or offered for sale on the premises, except such as is produced by such occupation, and such occupation shall not require internal or external alterations or construction features, equipment, machinery, commercial vehicles or other vehicles not customarily used by members of the immediate family, outdoor storage of materials, equipment, machinery, and vehicles, signs not exceeding two square feet in area, or delivery of materials except by common ground carrier.

Hospital: A building, structure or institution in which sick or injured persons, primarily inpatients, are given medical or surgical treatment, and operating under a license by the state department of public health.

Hotel: Any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:

(1)

Maid service;

(2)

Furnishing of linen;

(3)

Telephone, secretarial, or desk service;

(4)

Bellboy service.

A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

Housing for the elderly: An institution other than a hospital or hotel, which provides room and board to non-transient persons primarily 60 years of age or older. Housing for the elderly may include:

1.

Senior apartments: Multiple-family dwelling units occupied by persons 55 years of age or older.

2.

Elderly housing complex: A building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older.

3.

Congregate or interim care housing: A semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

4.

Dependent housing facilities: Facilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

Housekeeping unit: A dwelling unit organized as a single entity in which the members share common kitchen facilities and have access to all parts of the dwelling.

Junk: Any motor vehicle, machinery, appliance, product, merchandise with parts missing, scrap metal or other scrap material that is damaged, deteriorated or in a condition which cannot be used for the purpose for which the product was manufactured.

Junkyard: An open area licensed by the State of Michigan where waste, used or secondhand material is bought and sold, exchanged, stored, baled, packed, disassembled, or handled including but not limited to scrap iron and other metals, paper rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings. The term "junkyard" does not include drop-off stations for residential recyclables.

Kennel: A structure used for the harboring of more than two dogs that are more than six months old.

Kennel, commercial: Any lot or premises on which three or more dogs, cats or other household pets, six months old or older, are either permanently or temporarily boarded for sale, breeding, boarding, or training purposes. [Commercial] kennels shall also include any lot or premises where household pets are bred and/or sold.

Laboratory: A place devoted to experimental study such as testing and analyzing, but not devoted to the manufacturing of a product or products.

Land, common: A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and/or occupants of individual building units in a subdivision or a planned unit development.

Landfill: A parcel of land or part thereof licensed by the State of Michigan used primarily for the disposal by abandonment, burial, dumping, burning or any other means and for whatever purpose, of garbage sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Landmark tree: Any tree of stature standing alone in the open; or any tree which stands obviously apart from others within the immediate vicinity by size, form or species. Trees equal to or greater than the diameters shown below will generally be considered a landmark tree regardless of location:

Lane, acceleration: An added roadway lane that permits vehicles to increase speed and enter the main vehicle stream after exiting a driveway or other access point.

Lane, deceleration: An added roadway lane that permits vehicles to slow down and leave the main vehicle stream before turning.

Loading space: An off-street space on the same lot with a building, or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lodginghouse: A building or portion thereof containing not more than five guestrooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise. A lodginghouse shall comply with all the requirements for dwellings.

Lot: A platted lot of a recorded subdivision or a parcel of contiguous land in the same ownership which is not divided by any public highway or alley, including any part thereof subject to any easement for any purpose other than a public highway or alley, excluding any part thereof severed from another lot where the severance creates any nonconformity of use or structure.

Lot, corner: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

Lot, interior: Any lot other than a corner lot.

Lot, nonconforming: A lot of record which does not meet the dimensional requirements of this ordinance.

Lot, through (double frontage): Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a right-of-way of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

Lot area, gross: The net lot area plus any portion of adjoining public lands deemed proper to be included by the planning commission.

Lot area, net: The total horizontal area within the lot lines of a lot.

Lot coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, and permanent swimming pools.

Lot depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot frontage: The length of the front lot line. (See also "frontage.")

Lot lines: The lines bounding a lot as defined herein:

1.

Front lot line: In the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or double frontage lot, it is that line separating said lot from that street which is designated as the front street in the plat or in the request for the zoning permit.

2.

Rear lot line: That lot line opposite the front lot line. In the case of a lot pointed at the rear the rear lot line shall be an imaginary line parallel to the front line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.

3.

Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record: A lot, the dimension and configuration of which are shown on a map recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or land surveyor (registered and licensed in the state and likewise recorded on a file with the county.)

Lot width: The horizontal distance between the side lot lines, measured at the two points where the building line, or front, intersects the side lot lines.

Main building: A building in which is conducted the principal use of the lot upon which it is situated.

Main use: The principal use to which the premises are devoted and the principal purpose for which the premises exist.

Manufactured housing development: A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home, subject to conditions set forth in the Michigan Manufactured Housing Commission Rules and Michigan Public Act 96 of 1987 as amended. Seasonal mobile home parks as defined by the act are not manufactured housing developments.

Marina: A facility for the storing, servicing, fueling, birthing and servicing of boats and may include eating and retail facilities for owners, crews and guests.

Marquee: A rooflike structure of a permanent nature projecting from the wall of a building.

Massage therapist (certified): An individual specifically trained and certified in massage therapy and the healing arts by the American Massage Therapy Association or similar organizations.

Mezzanine: An intermediate or fractional story between the floor and ceiling of any story occupying not more than one-third of the floor area of such story. A mezzanine shall be a full story when it covers more than 50 percent of the area of the story underneath such mezzanine or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

Microbrewery: A brewer licensed by the State of Michigan which produces and manufactures in total less than 30,000 barrels of beer per year, and who may sell at the licensed brewery premises the beer produced and manufactured to consumers for consumption on or off the licensed brewery premises. In determining the 30,000-barrel threshold, all brands and labels of a brewer, whether brewed in this state or outside this state, shall be combined and all facilities for the production and manufacture of beer that are owned or controlled by the person shall be treated as a single facility.

Mobile home park (manufactured housing development): A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park, subject to conditions set forth in the Michigan Manufactured Housing Commission Rules and Michigan Public Act 419 of 1976, as amended.

Modular home: A dwelling which consists of prefabricated units transported to the site in two or more sections on a removable undercarriage or flatbed and assembled for permanent location upon a permanent foundation on the lot, and to which such major elements as the heating system or a substantial portion of the siding are installed after transport, and which shall not be considered a mobile home.

Motel (motor court): A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

Motor home park (trailer court): Any plot of ground upon which two or more motor homes occupied for dwelling or sleeping purposes are located.

Municipality: The City of Boyne City.

New construction: Structures for which the "start of construction" commenced on or after the effective date of this ordinance.

Nonconforming building: A building or portion thereof lawfully existing at the effective date of this ordinance, or amendments thereto, and that does not conform to the provisions of the ordinance in the district in which it is located.

Nonconforming use: A use which lawfully occupied a building or land at the effective date of this ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nuisance factors: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of an activity or use across a property line which can be perceived by or affected a human being, or the generation of an excessive or concentrated movement of people or things such as:

(a)

Noise;

(b)

Dust;

(c)

Smoke;

(d)

Odor;

(e)

Glare;

(f)

Fumes;

(g)

Flashes;

(h)

Vibration;

(i)

Shock waves;

(j)

Heat;

(k)

Electronic or atomic radiation;

(l)

Objectionable effluent;

(m)

Noise of congregation of people, particularly at night; or

(n)

Passenger traffic.

Nursery: A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of this zoning ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Nursing homes: A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Act 139 of 1956, as amended, including convalescent homes or rest homes.

Occupancy: The purpose for which a building or part thereof is used or intended to be used.

Occupancy load: The number of individuals normally occupying a building or part thereof or for which the exitway facilities have been designed.

Offset: The distance between the centerlines of driveways or streets across the street from one another.

Open-air business:

1.

The retail sale of trees, shrubbery, plants, flowers, seeds, topsoil, humus, fertilizers, trellises, lawn furniture, playground equipment and other home garden supplies and equipment;

2.

The retail sale of fruit and vegetables;

3.

Tennis courts, archery courts, shuffleboard courts, horseshoe courts, miniature golf, golf driving ranges, children's amusement parks and/or similar recreation uses;

4.

Bicycle, utility truck or trailer, motor vehicle, boat or home equipment sale, rental or repair services; and

5.

The outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements and similar products.

Open space: Lands open from ground to sky and devoted to outdoor recreation space, greenery, and resource protection. Developed open space may include, but is not limited to, playground fixtures, shelters, and tennis courts.

Open space, common: An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners and occupants, and generally owned and maintained in common by them, often through a homeowners association.

Open space, public: Any primarily undeveloped land, intended for passive recreational pursuits, within the jurisdiction and control of a government agency.

Outlot: A parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.

Parking lot, off-street: A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles.

Park, municipal: A parcel of land that is used as a park and is operated under the supervision of the city.

Park, public: Any developed or undeveloped park, playground, beach, outdoor swimming pool, golf course, tennis courts, or otherwise intended for active recreational pursuits, within the jurisdiction and control of a government agency.

Parking space: An area for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits, and being fully accessible for the storage or parking of self-propelled vehicles.

Party store: A retail establishment licensed by the State of Michigan where more than ten percent of the gross floor area is utilized for the storage, display, and sale of alcoholic liquor, wine, beer, and other alcoholic beverages in the original package for consumption off the premises.

Pavement or hard surface: Plant-mixed bituminous material, concrete, and brick or masonry pavers meeting the construction specifications of the City of Boyne City.

Plat: A map of a subdivision of land.

Pool, wading: Any receptacle utilized for holding water, which has a water depth not exceeding two feet.

Pool, swimming: Any structure or container located above or below grade designed to hold water to a depth of greater than 24 inches and intended for swimming or bathing. A swimming pool shall be considered an accessory building for the purpose of determining required yard spaces and maximum lot coverage.

Porch, enclosed: A covered entrance to a building or structure which is totally enclosed, which projects out from the main wall of such building or structure and which has a separate roof or an integral roof with the principal building or structure to which it is attached. Porches enclosed with materials other than screening shall observe the established front setback line.

Porch, open: A covered entrance to a building or structure which is unenclosed, except for columns supporting the porch roof, which projects out from the main wall of such building or structure and which has a separate roof or an integral roof with the principal building or structure to which it is attached. Open porches may not be enclosed with materials other than screening if such enclosure violates the established front setback line.

Property line: The lines bounding a lot, the lot line.

Public house (pub) or tavern: A restaurant licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where less than 30 percent of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to and consumed by customers, and also including areas dedicated for the use of stages, dance floors, standing-room areas, pool tables and other mechanical amusement devices.

Public notice: A notice of the time, date, place and purpose of a public hearing, which notice, except where otherwise expressly provided in this ordinance, shall be published in a newspaper having a general circulation in the city not less than 15 days prior to the date of such hearing.

Public service: Public service facilities within the context of this ordinance shall include such uses and services as voting booths, pumping stations, fire halls, police stations, public health activities and similar uses including essential public services.

Radioactive materials: Materials defined as radioactive under State of Michigan regulations for transportation of radioactive materials or under county health department regulations, whichever is determined to be applicable.

Recreation land: Any public or private owned lot or parcel that is utilized for recreation activities such as, but not limited to camping, swimming, picnicking, hiking, nature study, hunting, boating, and fishing.

Recreation establishment, indoor: A privately owned facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, such as gymnasiums and fitness centers, bowling alleys, indoor soccer facilities, racquetball and tennis clubs, ice and roller skating rinks, curling centers, and firearms ranges.

Recreation establishment, outdoor: A privately owned facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee such as tennis clubs, archery ranges, golf courses, miniature golf courses, golf driving ranges, water slides, batting cages and machines, skateboarding parks, and children's amusement parks.

Recreational vehicle: Recreational vehicles shall include the following:

1.

Travel trailer: A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a travel trailer by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

2.

Pickup camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

3.

Motor home (trailer coach): A self-propelled motorized recreational vehicle intended, designed, used, or constructed and duly licensable for travel and/or recreational usage, and for temporary human habitation, sleeping, and/or cooking and eating for one or more persons, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

4.

Folding tent trailer: A folding structure, mounted on wheels and designed for travel and vacation use.

5.

Boats and boat trailers: Boats and boat trailers shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

6.

Other recreational equipment: Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus normal equipment to transport them on the highway.

Regional shopping center: A group of commercial establishments, planned and developed as a unit, with a minimum gross leasable area of 400,000 square feet or greater, and with off-street parking provided on the property.

Restaurant, carry-out: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:

1.

Foods, frozen desserts or beverages are usually served in edible containers, or in paper, plastic or other disposable containers; [and]

2.

The consumption of foods, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises or at other facilities in the premises outside the restaurant building is posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

Restaurant, drive-in: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the consumer in a ready-to-consume state, and whose design or method of operation, or any portion of whose business, includes one or both of the following characteristics:

1.

Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminates the need for the customer to exit the motor vehicle; [or]

2.

The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is allowed, encouraged or permitted.

Restaurant, fast food: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises, and whose design or principal method of operation includes both the following characteristics:

1.

Foods, frozen desserts or beverages are usually served in edible containers, or in paper, plastic or other disposable containers; [or]

2.

The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

Restaurant, standard: Any establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:

1.

Customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which such items are consumed; or

2.

A cafeteria-type operation where foods, frozen desserts or beverages generally are consumed within the restaurant building.

Right-of-way: A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles or placement of public and semipublic utilities and under the legal authority of the agency having jurisdiction over the right-of-way.

Room: For the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room and bedroom, equal to at least 80 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing one, two, or three bedroom units and including a den, library, or other extra room shall count such extra room as a bedroom for the purpose of computing density.

Rooming unit: A room or group of rooms, from a single habitable unit used for living and sleeping, but not containing kitchen or eating facilities.

Right-of-way house: A right-of-way of houses having at least one sidewall in common with a neighboring dwelling, and usually uniform or nearly uniform plans, fenestration, and architectural treatment.

Rubbish: Rubbish means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, etc.

Satellite dish antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured, and is in the shape of a shallow dish, parabola, cone or horn used to transmit and/or receive television, radio, or other electromagnetic communication signals between terrestrially and/or extraterrestrial[ly] based sources. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, television reception only satellite antennas (TVRO), and satellite microwave antennas.

School, charter (public school academy): A public school and a school district, subject to the leadership and general supervision of the state board over all public education. A charter school or public school academy is authorized by the executive action of an authorizing body, which may be the board of a school district, an intermediate school board, or the board of a community college or a state public university. A charter school shall not be organized by a church or other religious organization.

School, home: A school which enables a child to be educated at the child's home by his parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar. The home school family may choose whether to operate as a nonpublic school. If a home school family chooses to operate as a nonpublic school, it must register with the Michigan Department of Education.

School, nonpublic: A nonpublic school is any school other than a public school giving instruction to children below the age of 16 years and not under the exclusive supervision and control of the officials having charge of the public schools of the state. Nonpublic schools include private, denominational, and parochial schools.

School, nursery: An establishment wherein three or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are, for remuneration, cared for. Such schools or centers need not have a resident family on the premises. (See "childcare center/daycare center.")

School, public: A public elementary or secondary educational entity or agency that has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, public state university, or by the department or state board.

Screen, obscuring: A visual barrier between adjacent areas or uses consisting of structures, such as a wall or fence, or living plant material.

Separate ownership: Ownership of a parcel of property wherein the owner does not own adjoining vacant property. Ownership of property may include dual or multiple ownership by a partnership, corporation or other group; provided that any number of contiguous lots of record may be considered as a single lot of record, for the purpose of this zoning ordinance, as the owner thereof so elects, and in such case the outside perimeter of such group of lots of record shall constitute the front, rear and side lot lines thereof.

Service drive: A drive which generally parallels the public right-of-way but runs along the back of a land use which fronts on the public street. A service drive may provide access to properties on both sides, and vary in width and design.

Setback: The distance required to meet minimum front, side or rear yard setback provisions or this ordinance.

Setback, parking lot: The minimum horizontal distance between the street right-of-way or property line and the near edge of a parking lot, excluding necessary and/or approved driveways, frontage roads and landscaping areas.

Sexually-oriented businesses: See "adult regulated uses."

Sign: Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which sign is constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same is used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and which is displayed in any manner out of doors for recognized advertising purposes.

Snowmobile: Any motorized vehicle designed for travel primarily on snow or ice, steered by means of wheels, skis or runners.

Stable, private: A stable for the keeping of horses for the use of the residents of the principal use and shall not include the keeping of horses for others, or for commercial boarding, and with a capacity for not more than two horses; provided, however, that the capacity of a private stable may be increased if the lot whereon such stable is located contains at least one acre of land for each additional horse stabled thereon.

Stable, public: A stable other than a private stable, with a capacity for more than two horses, and carried on within an unplatted tract of land of not less than ten acres.

State-licensed residential facility: A structure constructed for residential purposes that is licensed by the state pursuant to Act 218 of the Public Acts of 1979, as amended (MCLA 400.701 et seq.), or Act 116 of the Public Acts of 1973, as amended (MCLA 722.111 et seq.), which facility provides resident services and 24-hour supervision or care for six or fewer persons in need of supervision or care.

Steep slopes: Slopes with a grade of 12 percent or more.

Street, frontage: A public or private drive, which generally parallels a public street between the right-of-way and the front building setback line. Frontage roads can be one-way or bidirectional in design. The frontage road provides specific access points to private properties while maintaining separation between the arterial street and adjacent land uses. A road, which allows parking or is used as a maneuvering aisle within a parking area is not considered a frontage road.

Street, arterial: A street defined in the comprehensive plan as "major traffic routes" and/or as an arterial or major street by the Michigan Department of Transportation where the movement of through traffic is the primary function, with service to adjacent land uses a secondary function.

Store, hypermarket: A retail store with more than 100,000 square feet of gross floor area offering groceries, meats, poultry, seafood, dairy products, produce, bakery products, other food products, and other associated merchandise, and may have facilities for a butcher shop, fresh seafood, a delicatessen, a bakery, a restaurant, an ice cream parlor, a florist, a pharmacy, a financial institution, or other services, and includes departments for various hardline merchandise (such as hardware, lumber and building supplies, automobile parts and supplies, paint, floor coverings, furniture, home improvement supplies, sporting goods, toys, housewares, cookware, pets and pet supplies, gardening supplies, appliances, jewelry, etc.) and softline merchandise (such as clothing, shoes, cosmetics, health supplies, personal hygiene products, books and magazines, stationery and office supplies, greeting cards and gifts, infant and toddler materials, fabric and sewing supplies, household decorations, etc.), and may have facilities for an outdoor garden center, an automotive repair center, an automotive fueling station, or a party store.

Store, supermarket: A retail store with more than 20,000 square feet of gross floor area offering groceries, meats, poultry, seafood, dairy products, produce, bakery products, other food products, and other associated merchandise, and may have facilities for a butcher shop, fresh seafood, a delicatessen, a bakery, a party store, a restaurant, an ice cream parlor, a florist, a pharmacy, a financial institution, or other services.

Store, open front: A business establishment so developed that service to the patron may be extended beyond the walls of the structure not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair stations or automobile service stations.

Store, retail: Any building or structure in which goods, wares, or merchandise are sold to the consumer for direct consumption and not for resale.

Story: A portion of a building, other than a mezzanine, included between the surface of a floor and the upper surface of the floor next above, or if there is no floor above, then the space between the floor and the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Story, half: A part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed one-half of the floor area of such full story; provided the area contains at least 200 square feet, with a clear height of at least seven feet six inches.

Street: A public or private way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law.

Street line (right-of-way line): The dividing line between the street and a lot.

Structure: Any constructed or erected material or combination of materials in or upon the ground, including, but not limited to, buildings, mobile homes, aboveground swimming pools, radio towers, sheds, signs and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas and patios.

Subdivision: A subdivision as defined in the City of Boyne City Subdivision Control Ordinance.

Substantial improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

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 ensure 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.

Telecommunication towers and facilities or tower: All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition are: citizen band radio facilities; shortwave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (HAM) radio facilities; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Temporary use or building: A use or zoning permitted to exist during periods of construction of the main building or use, or for special events.

Temporary uses, seasonal events: Seasonal outdoor events intended for a limited duration within any zoning district where such use shall not be interpreted to be a continuance of a nonconforming use. Temporary uses and seasonal sales events may include carnivals, circuses, farmers market, art fairs, craft shows, sidewalk sales, antique sales, Christmas tree sales, flower sales, flea markets and similar events.

Tent: A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground, and shall not include those types of tents used solely for children's recreational purposes.

Tent, folding trailer: A folding structure of canvas or other material mounted on wheels and designed for travel and vacation use.

Terrace home: One of a right-of-way of houses situated on or near the top of a slope.

Thoroughfare, major: An arterial street which is intended to serve as a large volume traffic way for both the immediate city area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term.

Thoroughfare, secondary: An arterial street which is intended to serve as a traffic way serving primarily the immediate city area and serving to connect with major thoroughfares.

Tourist home or bed and breakfast inn or home: Any dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provision for a morning meal only for the overnight guest. A bed and breakfast is distinguished from a motel in that a bed and breakfast establishment shall have only one set of kitchen facilities, employ only those living in the house or up to one additional employee, and have a facade style consistent with the surrounding homes.

Townhouses: A residential structure, or group of structures, each of which contains three or more attached single-family dwelling units with individual rear yards and or front yards designed as an integral part of each single family dwelling unit.

Travel trailer: A portable nonmotorized vehicular unit primarily designed for travel and/or recreational usage, also containing facilities for overnight lodging. Travel trailer includes "fifth wheels," but not mobile homes. A vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit and not exceeding 200 square feet in area.

Truck storage: An area used for the temporary storage of private trucks or trucks for hire.

Truck terminal: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution to other parts of the city or to be amalgamated for delivery in larger units to other points in the metropolitan area; or for distribution or amalgamation involving transfer to other modes of transportation.

Use: The purpose for which land or premises, or a building thereon, is designed, arranged or intended, or for which it is occupied, maintained, let, or leased.

Use, accessory: A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

Use, commercial: The use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services; the maintenance of offices or recreational or amusement enterprises; or garage or basement sales conducted on residential premises for more than six calendar days during one year.

Use, conditional: A use of land, which is permitted within a particular zoning district only if the applicable standards have been met and a site plan has been approved.

Use, industrial: Any land or building occupied or used for manufacturing or processing purposes.

Use, illegal nonconforming: An existing use of land and structures, on the effective date of this ordinance, considered a nuisance, damaging to abutting property or hazardous to persons. Such use shall be discontinued and abated.

Use, legal nonconforming: An existing use of land and/or structures on the effective date of this ordinance, which use does not conform to the uses specified as permitted in a district, but which is not construed by this ordinance to be a nuisance, damaging to abutting property or hazardous to persons.

Use, principal: The main use to which the premises are devoted and the principal purpose for which the premises exist.

Use, principal permitted: A use permitted in each zoning district by right subject to development plan review approval.

Use, public and semipublic institutional: Uses of governmental agencies and nonprofit organizations including, but not limited to, office buildings, churches, municipal parking lots, post offices, libraries, and community centers.

Utility, public: Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing, under municipal or state regulations, to the public, transportation, water, gas, electricity, telephone, steam, telegraph or sewage disposal services.

Utility room: A room in a dwelling, not located in the basement, the use of which is primarily for storage, for housing a heating unit or for laundry purposes.

Variance: A modification of the literal provisions of the ordinance granted when strict enforcement of the ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The characteristics of a variance are:

1.

Undue hardship;

2.

Unique circumstances; and

3.

Peculiar to the specific property involved.

A variance is not justified unless all three elements are present in the case.

Vehicle, commercial: Any one of a class of vehicles and similar vehicles whose characteristics are described below which have or require commercial license plates and have a gross vehicle weight in excess of 6,500 pounds. Any commercially licensed vehicle, which does not possess the characteristics of a commercial vehicle, as defined below, shall not be subject to the restrictions applying to commercial vehicles.

1.

Semitrailer: A trailer unit which is customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone. Semitrailer shall include trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies and full or partial box-type enclosures, any of which above units exceeds 12 feet in height.

2.

Truck tractor: A commercial vehicle which is capable of attaching to and propelling semitrailers, mobile homes, modular homes, boat trailers and similar units, and which is not customarily operated without an attached trailer.

3.

Other commercial vehicles: Any truck or motor vehicle with a cab and chassis with a stake, rack, dump body, wrecker body, tanker body or any other body, the mounted height of which exceeds the height of the cab roof by more then eight inches. This shall include any vehicle which has a commercial license plate and which is designed to accommodate a body length in excess of nine feet. Commercial vehicles do not include motor homes or recreational vehicles, but does include construction equipment such as backhoes, power shovels, bulldozers, earth moving equipment and similar vehicles.

Veterinary clinic or hospital: An office of a duly licensed veterinary professional where diagnosis, treatment, surgery and other veterinary care for domestic animals, horses and livestock, and all other activities and rooming of animals are conducted within a completely enclosed building. A veterinary hospital may include outdoor boarding incidental to treatment.

Wall, obscuring: An obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

Wall, parapet: An extension of a building wall above the roof, which may serve to screen roof-mounted mechanical equipment.

Wall, retaining: A permanent solid barrier of brick, stone, or other opaque material intended to enclose an area. For the purpose of this ordinance, all supporting members, posts, stringers, braces, pilasters or other construction features of a retaining wall shall be located and placed on the inside of the wall away from public view. Moreover, all retaining walls shall be constructed and/or painted, tinted or colored in one color only for their exterior surface, and no sign or advertising shall be placed, affixed, painted or designed thereon.

Warehouse, miniature or self-storage: A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of customer's goods or wares.

Waste receptacle station: Any exterior space, which is not a principal use for containers, structures, or other receptacles intended for temporary storage of solid waste materials.

Watercraft: A vehicle designed for movement on the surface of water propelled by oars, sails, paddles, or one or more internal combustion engines.

Wetland: Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

Wetland, regulated: Certain wetlands regulated by the Michigan Department of Environmental Quality under the provisions of Act 203 of the Public Acts of 1979 [MCL 324.30301 et seq.], as amended, and generally defined as land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

1.

Contiguous to an inland lake or pond, or a river or stream;

2.

Not contiguous to an inland lake, pond, river or stream, and more than five acres in size;

3.

Not contiguous to an inland lake or pond, or a river or stream; and five acres or less in size if the Michigan Department of Natural Resources determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the property owner.

Wine shop (specialty): A retail establishment licensed by the State of Michigan where more than ten percent of the gross floor area is utilized for the storage, display, and sale of wine or beer with an alcohol content under 21 percent by volume for consumption off the premises; however no more than ten percent of the gross floor area shall be dedicated for the storage, display, and sale of beer.

Wireless communication facilities: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; shortwave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

1.

Attached wireless communications facilities (antennae): Wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

2.

Co-location: The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennae within the city.

3.

Wireless communication support structures (towers): Structures erected or modified to support wireless communication antennae. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

Wood lot: An area of one-fourth acre or more containing eight or more trees per one-fourth acre, such trees having a four inches or greater diameter at a four-foot height.

Yards: The space on the same lot with a main building, open, unoccupied, and unobstructed from the ground upward, except as otherwise provided in this ordinance and as defined herein:

A.

Front yard: That yard extending the full width of the lot, the depth of which is the least distance between the street right-of-way line and the building line.

B.

Rear yard: That yard extending the full width of the lot, the depth of which is the least distance between the rear lot line and the rear of the main building.

C.

Side yard: That yard between a main building and the side lot line extending from the front yard to the rear yard. The width of the required side yard is measured horizontally at 90-degree angles with the side lot line, from the nearest point of the side lot line to the dripline of the structure.

D.

Waterfront yard: That yard which has frontage on the water; waterfront yards shall be considered front yards and subject to all pertinent regulations.

Zoning permit: The written authority issued by the planning director or zoning administrator permitting the construction, removal, moving, alteration or use of a building in conformity with this ordinance.

(Ord. of 3-26-2002, § 2; Ord. of 9-8-2009; Ord. of 4-10-2018; Ord. of 1-14-2020, § 1)