The following rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

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

(3)

The term "shall" is always mandatory and not discretionary. The term "may" is permissive.

(4)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(5)

A "building" or "structure" includes any part thereof.

(6)

The term "used for" includes the term "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(7)

The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(8)

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," "either…or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected items, conditions, provisions, or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

The term "either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(9)

Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. No. 401, § 200, 5-2-2005)

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:

Accessory use or accessory means a use of a zoning lot which is clearly incidental to the principal use of the lot and customarily found in connection with such principal use, provided this definition has no reference to off-street parking spaces or off-street loading. When the term "accessory" is used in this text, it shall have the same meaning as "accessory use." The term "accessory use" includes, but is not limited to, the following:

(1)

Residential accommodations for servants and/or caretakers.

(2)

Swimming pools for the use of the occupants of a residence or their guests.

(3)

Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure.

(4)

A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

(5)

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

(6)

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

(7)

Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

(8)

Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

Adult foster care family home means a private residence licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.) for six or fewer adults to be provided with foster care for five or more days a week for two or more consecutive weeks. The adult foster care family home licensee is a member of the household and an occupant of the residence.

Adult foster care large group home means a facility licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.) to provide foster care for at least 13 but not more than 20 adults to be provided foster care.

Adult foster care small group home means a facility licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.) with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

Alley means any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration means any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Apartment means a suite of rooms or a room in a multiple-family 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.

Auto repair station means a place where, along with the sale of engine fuels, the following services may be carried out: general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; or overall painting and undercoating of automobiles.

Basement means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Bed and breakfast means a use which is subordinate to the principal use of a single-family dwelling unit where three or less sleeping rooms have been converted for guests' use for compensation. A continental breakfast may be served.

Block face means the property abutting one side of a street and lying between the two nearest intersection streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the city.

Body shop means a place for the repair of automobile bodies, including bumping, painting and frame repair.

Building means any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gale, hip and gambrel roofs.

Building line means a line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.

Club means 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.

Communication antenna means any system of wires, poles, rods, reflecting disks, or similar devices used for the provision of cellular, broadband PCS, wide-area SMR, satellite system and other wireless transmitting and receiving services. Communication antennae may be attached to the top of a structure or to a communication tower which is affixed to the ground.

Communication tower means a structure affixed to the ground which functions to provide an elevated base for one or more communication antennae.

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

Convalescent or nursing home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.

Court means an uncovered space enclosed wholly or on three sides by buildings or walls.

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

District means a portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

Drive-through means a business establishment so developed that its retail or service character is partially or totally dependent on providing a driveway approach so as to serve patrons while in their motor vehicle.

Drive-up automated teller machine means an automated device that performs banking or financial functions at a location remote from the controlling financial institution. It provides banking/financial functions that are operated by a customer. This is a structure/use that is an independent traffic generator and shall be located in a zoned district designated with an emphasis on customers who use autos to travel to the site.

Dwelling, multiple-family, means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

Dwelling, one-family, means a building designed exclusively for and occupied exclusively by one family.

Dwelling, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like, shall be considered a part of erection.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission, distribution, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation means any breaking of ground, except common household gardening and ground care.

Family means one of the following, when living in a single dwelling unit:

(1)

A single individual.

(2)

A group of two or more persons related by blood, marriage or adoption.

(3)

A group of up to six unrelated individuals operating as a single housekeeping unit.

Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for compensation 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. The term "family child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would according to the Internal Revenue Code of 1986 obligate the child's parent or guardian to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services.

Farm means the carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.

Floor area, residential, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, means the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor area, usable, for the purposes of computing parking, mean that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways or for utilities or sanitary facilities, shall be excluded from this computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

Garage, private, means an accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.

Garage, service, means any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale, including major engine repair but excluding bumping and painting.

Gasoline service station means a place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair such as bumping, painting or major engine repair.

General common area means the common elements of a condominium development other than the limited common elements.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

Group child care home means a private home in which more than six but not more than 12 minor 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. The term "group child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.

Hotel means 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: maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

Junkyard means an open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron and other materials, 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.

Kennel, commercial, means any lot or premises on which three or more dogs, cats or other household pets over six months of age are either permanently or temporarily kept for sale, boarding, breeding or training for a fee. The keeping of nine or more dogs, cats or other household pets over six months of age, whether for a fee or not, shall constitute a commercial kennel.

Kennel, private, means any lot or premises on which between four and eight dogs, cats, or other household pets over six months of age are maintained by a resident on their residential lot.

Limited common area means the portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

Loading space means 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 or unloading merchandise or materials.

Lot means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records.

Lot area means the total horizontal area within the lot lines of the lot.

Lot, corner, means 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 or streets shall be considered a corner lot for the purposes of this chapter 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 coverage means the part or percent of the lot occupied by a building including accessory buildings.

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

Lot, interior, means any lot other than a corner lot.

Lot lines means the lines bounding a lot, as defined below:

Front lot line, in the case of an interior lot, means that line separating said lot from the street. In the case of a through lot, is that line separating said lot from either street.

Rear lot line means 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 lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

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

Lot of record means a parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot, through, means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the cases of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

Lot width means the horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.

Lot, zoning, means a single tract of land, located within a single block which, at the time of filing for a zoning permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A zoning lot shall satisfy this chapter with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record.

Main building means a building in which the principal use of the lot upon which it is situated is conducted.

Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the major thoroughfare plan to identify those streets comprising the basic structure of the major thoroughfare plan.

Master deed means the condominium documents recording the condominium project which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plans for the project.

Master plan means the comprehensive community plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the city, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

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 or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

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 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.

Motel means a series of attached, semidetached 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.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived or amendments thereto and not conforming to the provisions of the chapter in the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived or amendments thereto and which does not conform to the use regulations of the district in which it is located.

Nuisance factor means any offensive, annoying, unpleasant, or obnoxious thing or practice, any cause or source of annoyance, any continuing or repeated physical invasion, activity or use across a property line perceivable by or affecting a human being, or any generation of excessive or concentrated movement of people or things, such as, but not limited to:

(1)

Noise;

(2)

Dust;

(3)

Smoke;

(4)

Odor;

(5)

Glare;

(6)

Fumes;

(7)

Flashes;

(8)

Vibration;

(9)

Shock waves;

(10)

Heat;

(11)

Electronic or atomic radiation;

(12)

Objectionable effluent;

(13)

Noise of congregation of people;

(14)

Passenger traffic;

(15)

Invasion of nonabutting street frontage by traffic.

Nursery, plant materials, means 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 chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Nursing care facility for the elderly means comprised of establishments primarily engaged in providing inpatient nursing and rehabilitative services. The care is generally provided for an extended period to individuals requiring nursing care. These establishments have a permanent core staff of registered or licensed practical nurses, who along with other staff, provide nursing and continuous personal care services. Examples are homes for the elderly with nursing care, nursing homes, and rest homes with nursing care (except psychiatric).

Off-street parking lot means 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 three vehicles.

Open front store means 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.

Parking space means an area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exists.

Public utility means a person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing to the public under federal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

Room, for the purpose of determining lot area requirements and density in a multiple-family district, means a room is a living room, dining room or 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.

Setback means the distance required to obtain minimum front, side or rear yard open space provisions of this chapter.

Setback line means a line formed by the face of the building, unless the roof eaves overhang more than two feet, in which case the setback shall be to the edge of the eaves.

Setback line, required. A required setback line is established by the minimum setback requirements of this chapter.

Sexually oriented business means any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing or presenting specified sexual activities or specified anatomical areas, as defined below:

Display, as used in this definition, means any single motion or still picture, presentation, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, videocassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.

Sexually oriented business use means and includes, but shall not be limited to, the following:

(1)

An adult motion picture theater is an enclosed building with a capacity of 50 or more persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(2)

An adult mini-motion picture theater is an enclosed building with a capacity for less than 50 persons used for presenting material which has as a significant portion of any motion picture or other display depicting, describing or presenting specified anatomical areas for observation by patrons therein.

(3)

An adult motion picture arcade is any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or 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 a significant portion of images so displayed depict, describe or relate to specified sexual activities or specified anatomical areas.

(4)

An adult book store is a use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, or other printed or recorded material which has as a significant portion of its content or exhibit matter or actions depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a (substantial) segment or section devoted to the sale or display of such material.

(5)

An adult cabaret is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict or describe specified sexual activities or specified anatomical areas.

(6)

An adult motel is a motel wherein matter, actions or other displays are presented which contains a significant portion depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(7)

An adult massage parlor is any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

(8)

An adult model studio is any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar education institution.

(9)

An adult sexual encounter center is any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

Significant portion, as used in this definition, means and includes:

(1)

Any one or more portions of the display having continuous duration in excess of five minutes; and/or

(2)

The aggregate of portions of the display having duration equal to ten percent or more of the display.

(3)

The aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent or more of the display.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

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

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Sign means a lettered board, or other notice or token, advertising an individual, firm, profession, business or other thing and visible to the general public.

Sign, off-premises, means a sign related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.

Sign, on-premises, means a sign which is accessory to the principal use of the premises.

Sign, sandwich board, means any sign that is constructed of two flat pieces joined at the top with a hinge device so that the sign stands up as an inverted "V."

Sign, temporary banner, means any sign of lightweight fabric or similar material that is temporarily mounted to a pole or similar or a fence or a wire at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Site condominium means the division of land into separate building sites under the authority of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.).

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701 et seq.), or Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer individuals under 24-hour supervision or care, and is required to be a permitted use by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

Story means that part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50 percent, by cubic content, is below the height level of the adjoining ground.

Story, half, means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

Street means a public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Temporary use or building means a use or building permitted by the city council to exist during periods of construction of the main building or use, or for special events, as a special condition use.

Use means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Variance means a departure from the literal provisions of this chapter authorized by the zoning board of appeals (ZBA). Use variances are allowed uses not specifically listed as permitted allowed uses in a given district. Non-use variances allow for departures from other requirements of this chapter, including lot size, depth or width, building setbacks, etc.

Wall, obscuring, means a structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

Yards means the open spaces on the same lot with a main building that are unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

(Ord. No. 401, § 201, 5-2-2005; Ord. No. 403, 6-6-2005; Ord. No. 406, § 1, 2-20-2006)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or chapter other than the above described chapter, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Ord. No. 401, art. 30, 5-2-2005)

Nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and all rights are hereby declared to be subject so such subsequent amendment, change or modification hereof as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. No. 401, art. 31, 5-2-2005)