RULES OF CONSTRUCTION AND DEFINITIONS
When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number, and the plural, the singular. The word "shall" is always mandatory and not merely suggestive. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.
(Ord. No. 2021.03.01, § 1, 3-8-2021)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a)
"A" definitions.
Accessory apartment means a dwelling unit that has been added onto, or created within, a single-family house.
Accessory structure, building or use means a detached structure, building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure, building or use.
Adult use include any of the following:
(1)
Adult bookstore means an establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or
b.
Instruments, devices, or paraphernalia designed for use as part of, or in connection with, specified sexual activities.
(2)
Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, videos, slides, or other photographic reproductions are shown in which a substantial portion of the total presentation is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3)
Massage parlor means an establishment or place primarily in the business of providing massage services and is not a myotherapy establishment recognized as legitimate by the medical community.
(4)
Specified anatomical areas means and includes one or more of the following:
a.
Less than completely covered human genitalia, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areola; or
b.
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(5)
Specified sexual activities means and includes one or more of the following:
a.
The fondling or erotic touching of human genitalia, pubic region, buttocks, anus, or female breasts;
b.
Human sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy;
c.
Human masturbation, actual or simulated;
d.
Human excretory functions as part of or related to any of the activities described above; and
e.
Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or related to any of the activities described above.
Alley means a public or private way not more than 33 feet wide which affords only a secondary means of access to abutting property.
Alter means any structural change in the supporting or loadbearing member of a building, such as bearing walls, columns, beams, girders or floor joists.
Apartment means a dwelling unit in an apartment house arranged, designed or occupied as a residence by a single family, individual or group of individuals.
Auto wrecking and salvage yard means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants or grease, and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities; and including space for temporary minor repair, or servicing such as polishing, washing, cleaning, greasing, but not including bumping, painting or refinishing thereof.
Awning means a fixed or retractable shelter constructed of non-rigid materials on a supporting framework which projects from the exterior wall of a building.
(b)
"B" definitions.
Basement means a story of a building having more than one-half its height below grade.
Bed and breakfast means a single-family residential structure that provides sleeping rooms and serves breakfast to its transient tenants. The bed and breakfast use shall be subordinate to the principal use of the building as a single-family dwelling.
Boardinghouse or rooming house means a dwelling where meals and/or lodging are provided for compensation to persons by prearrangement for indefinite periods of time.
Body-piercing. Body-piercing means the perforation of human tissue other than an ear for a non-medical purpose.
Body-piercing establishment. An establishment where the perforation of human tissue other than an ear for a non-medical purpose, is performed whether or not it is in exchange for compensation or any form of consideration.
Building means an enclosed structure having a roof supported by columns, walls or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
Basic structural terms as defined in the diagram.
Building frontage means the portion of a building which faces a public street right-of-way.
Building height means the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height (i.e., midpoint) between eaves and ridges for gable, hip or gambrel roofs.
Building setback line means a line parallel to or concentric with property lines delineating the minimum allowable distance between the street right-of-way and the front of any building.
(c)
"C" definitions.
Central sanitary sewerage system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a sanitary sewerage disposal system from a central location or plan, but not including septic tanks.
Central water system means any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing under federal, state or municipal regulations, to the public a central water system from a central location or plant.
Condominium development means any development undertaken under the provisions of the Michigan Condominium Act, Act 59 of Public Acts of 1978, as amended, or any other act of the legislature of the State of Michigan providing for development of property under joint or concurrent ownership. The following other definitions shall also apply:
(1)
Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(2)
Condominium lot. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.
(3)
Condominium subdivision plan. The drawings and information prepared in accordance with section 66 of the Condominium Act.
(4)
Condominium unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(5)
Consolidating master deed. The final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium projects as completed.
(6)
Contractible condominium. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.
(7)
Conversion condominium. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the Condominium Act.
(8)
Site Condominium. a single-family totally detached dwelling (no shared garages or other attached buildings) encumbered by a declaration of condominium covenants or condominium for ownership.
(d)
"D" definitions.
Day care facilities means as follows:
(1)
Family day care home. A private home in which one, but not more than six, minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
(2)
Group day care home. A private residence in which seven but not more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
(3)
Childcare center and preschool. A facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
Deferred parking space means a required parking space identified on a site plan whose construction has been deferred per the standards in Section 62-251.
District means a portion of the village within which certain uniform regulations and requirements apply under the provisions of this chapter.
Donation box means any enclosed receptacle or container designed or intended for the donation and temporary storage of clothing or other materials and located in a designated area, for either non-profit or for-profit purposes.
Drive-in establishment means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building.
Driveways. The following words, terms and phrases, when used in division 4 (off-street parking) and division 6 (driveway standards) of article IV (supplemental regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Driveway shall mean an access roadway leading from a public street to a garage, carport or required parking area, including a turnaround.
(2)
Commercial driveway means any vehicular access except those serving one or two dwelling units or an essential public service use, building or structure.
(3)
Offset means the distance between the centerline of the subject driveway and the centerline of driveways on the opposite side of the street.
(4)
State trunk lines, major streets and local roads means as classified in the village. State trunk lines are as follows:
a.
M-50 and
b.
M-124.
Dwellings. The following words, terms and phrases shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Multiple-family dwelling means a structure, containing multiple dwelling units, designed for or occupied by two families only with separate housekeeping and cooking facilities for each.
(2)
Single-family dwelling means a dwelling unit designed for or occupied by one family only.
(3)
Two-family dwelling means a structure, containing two dwelling units designed for occupancy by two families only with separate housekeeping and cooking facilities for each.
(4)
Dwelling unit means one or more rooms with independent cooking facilities designated as a unit for residence. (See division 18 (minimum dwelling unit floor area) of article IV (supplemental standards) for standards.)
(e)
"E" definitions.
Easement means any private or dedicated public way other than a street or alley, providing a secondary means of access to a property having a width of not less than 20 feet.
Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments, commissions or boards, of underground or overhead gas, electric, steam or water transmission or distributing systems, collection, communication, supply or disposal systems, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, for the general public health, safety, convenience or welfare, but not including buildings or maintenance depots.
(f)
"F" definitions.
Family means:
(1)
An individual or a group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
(2)
A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing 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 other similar determinable period.
(g)
"G" definitions.
Reserved.
(h)
"H" definitions.
Home occupation means an occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
Hotel means a building containing guestrooms in which lodging is provided, with or without meals, for compensation and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom.
(i) "I" definitions.
Reserved.
(j)
"J" definitions.
Reserved.
(k)
"K" definitions.
Kennel means any lot or premises on which three or more dogs, four months old or more are confined either permanently or temporarily.
(l)
"L" definitions.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as required in this chapter. Such lot may consist of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record or contiguous portions of lot or record, or a parcel of land described by metes and bounds.
(1)
Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way.
(2)
Lot corner means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
(3)
Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
(4)
Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.
(5)
Lot of record means a lot which is part of a subdivision and is shown on a map thereof which has been recorded in the office of the register of deeds of Jackson County, or a lot described by metes and bounds, the deed to which has been recorded in such office.
(6)
Lot through (double frontage) means an interior lot having frontage on two parallel or approximately parallel streets.
(7)
Lot width means the average width measured at right angles to the lot's depth.
(m)
"M" definitions.
Marijuana operations. The following words, terms and phrases as used in this chapter in connection with marijuana operations have the meanings ascribed in this subsection:
(1)
Any term defined by the Michigan Medical Marijuana Act, MCL 333.26421 et seq., shall have the definition given in the Michigan Medical Marijuana Act.
(2)
Any term defined by the Medical Marijuana Facilities Licensing Act, MCL 333.27101 et seq., shall have the definition given in the Medical Marijuana Facilities Licensing Act.
(3)
Any term defined by the Marijuana Tracking Act, MCL 333.27901 et seq., shall have the definition given in the Marijuana Tracking Act.
(4)
Any term defined by the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq. shall have the definition given in the Michigan Regulation and Taxation of Marijuana Act.
(5)
The terms "marijuana acts" refers to the Michigan Medical Marijuana Act, MCL 333.26421 et seq., Michigan Medical Marijuana Facilities Act, MCL 333.27101 et seq. the Marijuana Tracking Act, MCL 333.27901 et seq.; the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq., collectively.
(6)
"Marijuana operations" includes marijuana facilities as defined in the Medical Marijuana Facilities Licensing Act, MCL 333.27101 et seq., and marijuana establishments as defined in the in the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq.
(7)
"Marijuana" is synonymous with "marijuana" and is applicable to any of the botanical plants classified as cannabis.
(8)
"Village" means the Village of Brooklyn, Michigan.
Mobile home means a structure transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term "mobile home" does not include a recreational vehicle.
Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continuous non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with a building, structure, enclosure, street, equipment or facility used or intended for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.
Motel means any establishment in which individual cabins, courts or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" shall include tourist cabins and motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel or a mobile home park.
Mural. The following words, terms and phrases, when used in division 3 (Mural Regulations) of article IV (Supplemental Regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Graffiti is writing or drawings that have been scribbled, scratched, or painted illicitly on a wall or other surface.
(2)
Mural is defined as:
(3)
Type 1: A design or representation which does not contain promotional or commercial advertising painted or drawn on a wall.
(4)
Type 2: An original, one-of-a-kind unique design or representation which contains limited references to the establishment, product, or service provided on the site which is painted or drawn on a wall on that site.
(n)
"N" definitions.
Nonconforming building means a building or portion thereof lawfully existing at the effective date of adoption, or amendments thereto, the ordinance from which this chapter was derived and which does not conform to the provisions of this chapter in the zoning district in which it is located.
Nonconforming use means a use which lawfully occupied a building or land at the effective date of adoption, or amendments thereto, of the ordinance from which this chapter was derived and that does not conform to the use regulations of the zoning district in which it is located.
Nuisance means whatever injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway or stream; or in any way renders the public insecure in life and property (See section 38-62 and subsection 62-206(b)).
(o)
"O" definitions.
Reserved.
(p)
"P" definitions.
Parking space, area lot, means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees.
Planned unit development (PUD) means a form of development usually characterized by the flexible application of zoning district regulations and a unified site design for a number of housing units, clustering buildings, providing common open space, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot- by-lot basis. It also refers to a process, mainly revolving around site plan review, in which the village will have considerable involvement in determining the nature of the development.
(q)
"Q" definitions.
Quarry means any pit, excavation or mining operation for the purpose of searching for or removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble or other nonmetallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.
(r)
"R" definitions.
Reserved.
(s)
"S" definitions.
Signage. The following words, terms and phrases, when used in division 2 (sign regulations) of article IV (supplemental regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Building frontage means the portion of a building which faces a public street right-of-way.
(2)
Business site means the property owned by a business proprietor upon which the business is situated or land owned by the management entity of a commercial center or arcade, including any accessory buildings.
(3)
Change of copy means the replacement of the name of a tenant with another on a sign listing tenants in professional offices or buildings, industrial parks or commercial centers.
(4)
Nuisance means whatever injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway or stream; or in any way renders the public insecure in life and property (See section 38-62 and subsection 62-206(b)).
(5)
Outdoor advertising means the public display of graphical information, other than official traffic and informational signs, that call public attention to commercial products, businesses or services (both public and private).
(6)
Sign means a name, identification, description, display, light, balloon, banner, air dancer, feather flag, flag (excluding the U.S., Michigan, U.S. military or municipal flags), illustration, or similar device which is affixed to, painted on, or otherwise located or set upon or in a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business, and which is visible from any public streets, sidewalk, alley, park or public property. The definition includes interior and exterior signs but not signs primarily directed at persons within the premises of the sign owners. The definition does not include goods displayed in a business window. The definition does not include religious symbols, paintings or murals (See division 24 - mural regulations) which do not display lettering and do not advertise a business, product or service (See diagram).
a.
Banner sign. A temporary sign typically comprised of fabric, plastic or similar materials attached by means of temporary fastening to a structure or object.
b.
Blade sign. A projecting sign, usually mounted to a wall, column, or pole. These signs face perpendicular to the traffic flow, and are usually double-sided.
c.
Feather flag sign. A portable, freestanding sign placed in a single receiver or staked into the earth that consists of fabric.
d.
Freestanding sign. A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed on or below the ground surface and not attached to any building or any other structure, whether portable or stationary.
e.
Marquee (bracket) sign. A sign attached to a marquee, canopy or projection extending from and supported by a building, including "blade signs." An awning is a marquee sign if it has a sign affixed to or printed on it.
f.
Portable temporary sign. A single or double surface painted, poster panel type sign, magnetic sign or some variation thereof, which is temporary in nature, easily movable and not permanently attached to the ground.
g.
Real estate sign. A temporary sign placed upon property to advertise to the public the sale or lease of such property.
h.
Roof sign. Any sign wholly erected to, constructed or maintained on the roof structure of any building (prohibited in all districts by subsection 62-198(e)(1)).
i.
Wall sign. Any sign that shall be affixed parallel to the wall or painted on the wall of any building; provided, however, that such wall sign shall not project above the top of the wall or extend within one foot of the end of the building. For this division, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.
j.
Sandwich board sign. A self-supporting, A-shaped, freestanding, temporary sign with only two visible sides that are situated adjacent to a business, typically on or behind a sidewalk (Sidewalk placement requires a permit and is limited to C-1 parcels with no setback.), that contains commercial speech.
k.
Sign surface means that part of the sign upon, against or through which the message is displayed or illustrated.
l.
Temporary Freestanding Signs and Swinging Signs. Signs located in the front or side yard and constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and appears to be intended to be displayed for a limited period of time.
m.
Total surface area of the sign means the sum total of all exterior surfaces of the sign, computed in square feet. In the case of a broken sign (a sign with open spaces between the letters, figures, numbers or symbols) the total surface area shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two furthermost letters. If an internally lighted awning is translucent or transparent, the entire awning area shall be included in the calculations of total sign surface area (See diagram.).
n.
Tourist-oriented direction sign means a sign used to provide motorists with advance notice of a lawful cultural, historical, recreational, educational, or commercial activity that is annually attended by 2,000 or more people and for which a major portion of the activity's income or visitors are derived during the normal business season for motorists not residing in the immediate area of the activity.
Site plan means a review by the planning commission and village council of a development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Small roof-mounted solar energy facility means any photovoltaic or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs.
Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
Street means a public or private thoroughfare which affords the principal means of access to abutting property having a right-of-way not less than 66 feet in width.
Structure means anything constructed, erected or placed with a fixed location on the surface of the ground.
Substantial portion means a use or activity accounting for more than 20 percent of any one or more of the following: stock-in-trade, display space, floor space, or viewing time, movie display time, or entertainment time measured per month.
(t)
"T" definitions.
Tattoo parlor. An establishment where persons are tattooed for consideration, other than by a licensed medical practitioner or cosmetologist; or any place where tattooing is regularly conducted whether or not it is in exchange for compensation.
Tattoo, tattooed, tattooing. Any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance, by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding. Designs, letters, scrolls, figures, symbols or any other marks upon or under the skin shall be considered "permanent" unless removal can be accomplished by water, soap, or other non-invasive means. Invasive methods of removal are described as, but not limited to, conventional or laser surgery.
Travel trailer means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger automobile and not exceeding 200 square feet in area.
(u)
"U" definitions.
Reserved.
(v)
"V" definitions.
Vehicle is any means in or by which people travel or goods are conveyed, including, but not limited to passenger vehicles (automobiles, trucks, or motorcycles), all-terrain vehicle, golf cart, snowmobile, boat, jet ski, construction-related vehicles (backhoe, skid steer, and the like) and the associated trailers for hauling such vehicles, including a utility trailer or cargo trailer, or the like.
Vehicle, recreational, means a class of motorized or non-motorized vehicles that contain living quarters and some or all of the amenities of a house, including, but not limited to motor homes, house trailers, truck campers, camping trailers and conversion vans.
(w)
"W" definitions.
Wireless communication facility means 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 facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are: citizen ban radio facilities; shortwave receiving facilities; radio and television broadcast and reception facilities; federally licensed amateur (ham) radio facilities, which are subject to state or federal law or regulations which preempt municipal regulatory authority. The following other definitions shall also apply to wireless communications facilities:
(1)
Attached wireless communications facilities. This type of facility shall mean 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)
Colocation. This term shall mean 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 antennas within the community.
(x)
"X" definitions.
Reserved.
(y)
"Y" definitions.
Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.
Yard, rear, means an open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building.
Yard, side, means an open, unoccupied space extending the full width of the principal building between the side line of the principal building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, and if no front yard is required, the front boundary of the side yard shall be the rear line of the lot.
(z)
"Z" definitions.
Reserved.
(Ord. No. 2021.03.01, § 1, 3-8-2021; Ord. No. 2021.09.01, § 5, 9-13-2021)
Any term not defined in this section shall have the meaning of common or standard use.
(Ord. No. 2021.03.01, § 1, 3-8-2021)
RULES OF CONSTRUCTION AND DEFINITIONS
When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number, and the plural, the singular. The word "shall" is always mandatory and not merely suggestive. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.
(Ord. No. 2021.03.01, § 1, 3-8-2021)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a)
"A" definitions.
Accessory apartment means a dwelling unit that has been added onto, or created within, a single-family house.
Accessory structure, building or use means a detached structure, building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure, building or use.
Adult use include any of the following:
(1)
Adult bookstore means an establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or
b.
Instruments, devices, or paraphernalia designed for use as part of, or in connection with, specified sexual activities.
(2)
Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, videos, slides, or other photographic reproductions are shown in which a substantial portion of the total presentation is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3)
Massage parlor means an establishment or place primarily in the business of providing massage services and is not a myotherapy establishment recognized as legitimate by the medical community.
(4)
Specified anatomical areas means and includes one or more of the following:
a.
Less than completely covered human genitalia, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areola; or
b.
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(5)
Specified sexual activities means and includes one or more of the following:
a.
The fondling or erotic touching of human genitalia, pubic region, buttocks, anus, or female breasts;
b.
Human sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy;
c.
Human masturbation, actual or simulated;
d.
Human excretory functions as part of or related to any of the activities described above; and
e.
Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or related to any of the activities described above.
Alley means a public or private way not more than 33 feet wide which affords only a secondary means of access to abutting property.
Alter means any structural change in the supporting or loadbearing member of a building, such as bearing walls, columns, beams, girders or floor joists.
Apartment means a dwelling unit in an apartment house arranged, designed or occupied as a residence by a single family, individual or group of individuals.
Auto wrecking and salvage yard means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants or grease, and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities; and including space for temporary minor repair, or servicing such as polishing, washing, cleaning, greasing, but not including bumping, painting or refinishing thereof.
Awning means a fixed or retractable shelter constructed of non-rigid materials on a supporting framework which projects from the exterior wall of a building.
(b)
"B" definitions.
Basement means a story of a building having more than one-half its height below grade.
Bed and breakfast means a single-family residential structure that provides sleeping rooms and serves breakfast to its transient tenants. The bed and breakfast use shall be subordinate to the principal use of the building as a single-family dwelling.
Boardinghouse or rooming house means a dwelling where meals and/or lodging are provided for compensation to persons by prearrangement for indefinite periods of time.
Body-piercing. Body-piercing means the perforation of human tissue other than an ear for a non-medical purpose.
Body-piercing establishment. An establishment where the perforation of human tissue other than an ear for a non-medical purpose, is performed whether or not it is in exchange for compensation or any form of consideration.
Building means an enclosed structure having a roof supported by columns, walls or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
Basic structural terms as defined in the diagram.
Building frontage means the portion of a building which faces a public street right-of-way.
Building height means the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height (i.e., midpoint) between eaves and ridges for gable, hip or gambrel roofs.
Building setback line means a line parallel to or concentric with property lines delineating the minimum allowable distance between the street right-of-way and the front of any building.
(c)
"C" definitions.
Central sanitary sewerage system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a sanitary sewerage disposal system from a central location or plan, but not including septic tanks.
Central water system means any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing under federal, state or municipal regulations, to the public a central water system from a central location or plant.
Condominium development means any development undertaken under the provisions of the Michigan Condominium Act, Act 59 of Public Acts of 1978, as amended, or any other act of the legislature of the State of Michigan providing for development of property under joint or concurrent ownership. The following other definitions shall also apply:
(1)
Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(2)
Condominium lot. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.
(3)
Condominium subdivision plan. The drawings and information prepared in accordance with section 66 of the Condominium Act.
(4)
Condominium unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(5)
Consolidating master deed. The final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium projects as completed.
(6)
Contractible condominium. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.
(7)
Conversion condominium. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the Condominium Act.
(8)
Site Condominium. a single-family totally detached dwelling (no shared garages or other attached buildings) encumbered by a declaration of condominium covenants or condominium for ownership.
(d)
"D" definitions.
Day care facilities means as follows:
(1)
Family day care home. A private home in which one, but not more than six, minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
(2)
Group day care home. A private residence in which seven but not more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
(3)
Childcare center and preschool. A facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
Deferred parking space means a required parking space identified on a site plan whose construction has been deferred per the standards in Section 62-251.
District means a portion of the village within which certain uniform regulations and requirements apply under the provisions of this chapter.
Donation box means any enclosed receptacle or container designed or intended for the donation and temporary storage of clothing or other materials and located in a designated area, for either non-profit or for-profit purposes.
Drive-in establishment means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building.
Driveways. The following words, terms and phrases, when used in division 4 (off-street parking) and division 6 (driveway standards) of article IV (supplemental regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Driveway shall mean an access roadway leading from a public street to a garage, carport or required parking area, including a turnaround.
(2)
Commercial driveway means any vehicular access except those serving one or two dwelling units or an essential public service use, building or structure.
(3)
Offset means the distance between the centerline of the subject driveway and the centerline of driveways on the opposite side of the street.
(4)
State trunk lines, major streets and local roads means as classified in the village. State trunk lines are as follows:
a.
M-50 and
b.
M-124.
Dwellings. The following words, terms and phrases shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Multiple-family dwelling means a structure, containing multiple dwelling units, designed for or occupied by two families only with separate housekeeping and cooking facilities for each.
(2)
Single-family dwelling means a dwelling unit designed for or occupied by one family only.
(3)
Two-family dwelling means a structure, containing two dwelling units designed for occupancy by two families only with separate housekeeping and cooking facilities for each.
(4)
Dwelling unit means one or more rooms with independent cooking facilities designated as a unit for residence. (See division 18 (minimum dwelling unit floor area) of article IV (supplemental standards) for standards.)
(e)
"E" definitions.
Easement means any private or dedicated public way other than a street or alley, providing a secondary means of access to a property having a width of not less than 20 feet.
Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments, commissions or boards, of underground or overhead gas, electric, steam or water transmission or distributing systems, collection, communication, supply or disposal systems, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, for the general public health, safety, convenience or welfare, but not including buildings or maintenance depots.
(f)
"F" definitions.
Family means:
(1)
An individual or a group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
(2)
A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing 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 other similar determinable period.
(g)
"G" definitions.
Reserved.
(h)
"H" definitions.
Home occupation means an occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
Hotel means a building containing guestrooms in which lodging is provided, with or without meals, for compensation and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom.
(i) "I" definitions.
Reserved.
(j)
"J" definitions.
Reserved.
(k)
"K" definitions.
Kennel means any lot or premises on which three or more dogs, four months old or more are confined either permanently or temporarily.
(l)
"L" definitions.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as required in this chapter. Such lot may consist of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record or contiguous portions of lot or record, or a parcel of land described by metes and bounds.
(1)
Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way.
(2)
Lot corner means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
(3)
Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
(4)
Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.
(5)
Lot of record means a lot which is part of a subdivision and is shown on a map thereof which has been recorded in the office of the register of deeds of Jackson County, or a lot described by metes and bounds, the deed to which has been recorded in such office.
(6)
Lot through (double frontage) means an interior lot having frontage on two parallel or approximately parallel streets.
(7)
Lot width means the average width measured at right angles to the lot's depth.
(m)
"M" definitions.
Marijuana operations. The following words, terms and phrases as used in this chapter in connection with marijuana operations have the meanings ascribed in this subsection:
(1)
Any term defined by the Michigan Medical Marijuana Act, MCL 333.26421 et seq., shall have the definition given in the Michigan Medical Marijuana Act.
(2)
Any term defined by the Medical Marijuana Facilities Licensing Act, MCL 333.27101 et seq., shall have the definition given in the Medical Marijuana Facilities Licensing Act.
(3)
Any term defined by the Marijuana Tracking Act, MCL 333.27901 et seq., shall have the definition given in the Marijuana Tracking Act.
(4)
Any term defined by the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq. shall have the definition given in the Michigan Regulation and Taxation of Marijuana Act.
(5)
The terms "marijuana acts" refers to the Michigan Medical Marijuana Act, MCL 333.26421 et seq., Michigan Medical Marijuana Facilities Act, MCL 333.27101 et seq. the Marijuana Tracking Act, MCL 333.27901 et seq.; the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq., collectively.
(6)
"Marijuana operations" includes marijuana facilities as defined in the Medical Marijuana Facilities Licensing Act, MCL 333.27101 et seq., and marijuana establishments as defined in the in the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951 et seq.
(7)
"Marijuana" is synonymous with "marijuana" and is applicable to any of the botanical plants classified as cannabis.
(8)
"Village" means the Village of Brooklyn, Michigan.
Mobile home means a structure transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term "mobile home" does not include a recreational vehicle.
Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continuous non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with a building, structure, enclosure, street, equipment or facility used or intended for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.
Motel means any establishment in which individual cabins, courts or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" shall include tourist cabins and motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel or a mobile home park.
Mural. The following words, terms and phrases, when used in division 3 (Mural Regulations) of article IV (Supplemental Regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Graffiti is writing or drawings that have been scribbled, scratched, or painted illicitly on a wall or other surface.
(2)
Mural is defined as:
(3)
Type 1: A design or representation which does not contain promotional or commercial advertising painted or drawn on a wall.
(4)
Type 2: An original, one-of-a-kind unique design or representation which contains limited references to the establishment, product, or service provided on the site which is painted or drawn on a wall on that site.
(n)
"N" definitions.
Nonconforming building means a building or portion thereof lawfully existing at the effective date of adoption, or amendments thereto, the ordinance from which this chapter was derived and which does not conform to the provisions of this chapter in the zoning district in which it is located.
Nonconforming use means a use which lawfully occupied a building or land at the effective date of adoption, or amendments thereto, of the ordinance from which this chapter was derived and that does not conform to the use regulations of the zoning district in which it is located.
Nuisance means whatever injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway or stream; or in any way renders the public insecure in life and property (See section 38-62 and subsection 62-206(b)).
(o)
"O" definitions.
Reserved.
(p)
"P" definitions.
Parking space, area lot, means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees.
Planned unit development (PUD) means a form of development usually characterized by the flexible application of zoning district regulations and a unified site design for a number of housing units, clustering buildings, providing common open space, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot- by-lot basis. It also refers to a process, mainly revolving around site plan review, in which the village will have considerable involvement in determining the nature of the development.
(q)
"Q" definitions.
Quarry means any pit, excavation or mining operation for the purpose of searching for or removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble or other nonmetallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.
(r)
"R" definitions.
Reserved.
(s)
"S" definitions.
Signage. The following words, terms and phrases, when used in division 2 (sign regulations) of article IV (supplemental regulations) shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
Building frontage means the portion of a building which faces a public street right-of-way.
(2)
Business site means the property owned by a business proprietor upon which the business is situated or land owned by the management entity of a commercial center or arcade, including any accessory buildings.
(3)
Change of copy means the replacement of the name of a tenant with another on a sign listing tenants in professional offices or buildings, industrial parks or commercial centers.
(4)
Nuisance means whatever injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway or stream; or in any way renders the public insecure in life and property (See section 38-62 and subsection 62-206(b)).
(5)
Outdoor advertising means the public display of graphical information, other than official traffic and informational signs, that call public attention to commercial products, businesses or services (both public and private).
(6)
Sign means a name, identification, description, display, light, balloon, banner, air dancer, feather flag, flag (excluding the U.S., Michigan, U.S. military or municipal flags), illustration, or similar device which is affixed to, painted on, or otherwise located or set upon or in a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business, and which is visible from any public streets, sidewalk, alley, park or public property. The definition includes interior and exterior signs but not signs primarily directed at persons within the premises of the sign owners. The definition does not include goods displayed in a business window. The definition does not include religious symbols, paintings or murals (See division 24 - mural regulations) which do not display lettering and do not advertise a business, product or service (See diagram).
a.
Banner sign. A temporary sign typically comprised of fabric, plastic or similar materials attached by means of temporary fastening to a structure or object.
b.
Blade sign. A projecting sign, usually mounted to a wall, column, or pole. These signs face perpendicular to the traffic flow, and are usually double-sided.
c.
Feather flag sign. A portable, freestanding sign placed in a single receiver or staked into the earth that consists of fabric.
d.
Freestanding sign. A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed on or below the ground surface and not attached to any building or any other structure, whether portable or stationary.
e.
Marquee (bracket) sign. A sign attached to a marquee, canopy or projection extending from and supported by a building, including "blade signs." An awning is a marquee sign if it has a sign affixed to or printed on it.
f.
Portable temporary sign. A single or double surface painted, poster panel type sign, magnetic sign or some variation thereof, which is temporary in nature, easily movable and not permanently attached to the ground.
g.
Real estate sign. A temporary sign placed upon property to advertise to the public the sale or lease of such property.
h.
Roof sign. Any sign wholly erected to, constructed or maintained on the roof structure of any building (prohibited in all districts by subsection 62-198(e)(1)).
i.
Wall sign. Any sign that shall be affixed parallel to the wall or painted on the wall of any building; provided, however, that such wall sign shall not project above the top of the wall or extend within one foot of the end of the building. For this division, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.
j.
Sandwich board sign. A self-supporting, A-shaped, freestanding, temporary sign with only two visible sides that are situated adjacent to a business, typically on or behind a sidewalk (Sidewalk placement requires a permit and is limited to C-1 parcels with no setback.), that contains commercial speech.
k.
Sign surface means that part of the sign upon, against or through which the message is displayed or illustrated.
l.
Temporary Freestanding Signs and Swinging Signs. Signs located in the front or side yard and constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and appears to be intended to be displayed for a limited period of time.
m.
Total surface area of the sign means the sum total of all exterior surfaces of the sign, computed in square feet. In the case of a broken sign (a sign with open spaces between the letters, figures, numbers or symbols) the total surface area shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two furthermost letters. If an internally lighted awning is translucent or transparent, the entire awning area shall be included in the calculations of total sign surface area (See diagram.).
n.
Tourist-oriented direction sign means a sign used to provide motorists with advance notice of a lawful cultural, historical, recreational, educational, or commercial activity that is annually attended by 2,000 or more people and for which a major portion of the activity's income or visitors are derived during the normal business season for motorists not residing in the immediate area of the activity.
Site plan means a review by the planning commission and village council of a development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Small roof-mounted solar energy facility means any photovoltaic or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs.
Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
Street means a public or private thoroughfare which affords the principal means of access to abutting property having a right-of-way not less than 66 feet in width.
Structure means anything constructed, erected or placed with a fixed location on the surface of the ground.
Substantial portion means a use or activity accounting for more than 20 percent of any one or more of the following: stock-in-trade, display space, floor space, or viewing time, movie display time, or entertainment time measured per month.
(t)
"T" definitions.
Tattoo parlor. An establishment where persons are tattooed for consideration, other than by a licensed medical practitioner or cosmetologist; or any place where tattooing is regularly conducted whether or not it is in exchange for compensation.
Tattoo, tattooed, tattooing. Any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance, by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding. Designs, letters, scrolls, figures, symbols or any other marks upon or under the skin shall be considered "permanent" unless removal can be accomplished by water, soap, or other non-invasive means. Invasive methods of removal are described as, but not limited to, conventional or laser surgery.
Travel trailer means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger automobile and not exceeding 200 square feet in area.
(u)
"U" definitions.
Reserved.
(v)
"V" definitions.
Vehicle is any means in or by which people travel or goods are conveyed, including, but not limited to passenger vehicles (automobiles, trucks, or motorcycles), all-terrain vehicle, golf cart, snowmobile, boat, jet ski, construction-related vehicles (backhoe, skid steer, and the like) and the associated trailers for hauling such vehicles, including a utility trailer or cargo trailer, or the like.
Vehicle, recreational, means a class of motorized or non-motorized vehicles that contain living quarters and some or all of the amenities of a house, including, but not limited to motor homes, house trailers, truck campers, camping trailers and conversion vans.
(w)
"W" definitions.
Wireless communication facility means 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 facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are: citizen ban radio facilities; shortwave receiving facilities; radio and television broadcast and reception facilities; federally licensed amateur (ham) radio facilities, which are subject to state or federal law or regulations which preempt municipal regulatory authority. The following other definitions shall also apply to wireless communications facilities:
(1)
Attached wireless communications facilities. This type of facility shall mean 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)
Colocation. This term shall mean 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 antennas within the community.
(x)
"X" definitions.
Reserved.
(y)
"Y" definitions.
Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.
Yard, rear, means an open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building.
Yard, side, means an open, unoccupied space extending the full width of the principal building between the side line of the principal building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, and if no front yard is required, the front boundary of the side yard shall be the rear line of the lot.
(z)
"Z" definitions.
Reserved.
(Ord. No. 2021.03.01, § 1, 3-8-2021; Ord. No. 2021.09.01, § 5, 9-13-2021)
Any term not defined in this section shall have the meaning of common or standard use.
(Ord. No. 2021.03.01, § 1, 3-8-2021)