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 of this chapter shall control.

(3)

The terms "used" or "occupied" include the terms "intended," "designated," or "arranged" to be used or occupied; the term "building" includes the term "structure" and any part thereof; the term "dwelling" includes the term "residence;" the term "lot" includes the terms "plot" or "parcel."

(4)

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

a.

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

b.

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

c.

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

(5)

The terms "abutting" and "adjacent to" include property along the lot lines of the subject site, including those in another community, but do not include lands separated by a public street right-of-way.

(6)

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

(Code 2009, § 40-1; Ord. No. 53-A, § 2.01, 8-16-1982; Ord. No. 170, § 1, 4-11-2013)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section through section 32-6, except where the context clearly indicates a different meaning:

Accessory apartment means apartment units which are either above the first floor of a commercial building or at the rear of a commercial building.

Accessory building or structure means a structure or building on the same lot or parcel of land as the principal structure or building, the use of which is customarily associated with and subordinate or incidental to the use of the principal building or structure. Accessory buildings and structures include, but are not limited to:

(1)

Detached garages;

(2)

Detached storage buildings;

(3)

Sheds;

(4)

Carports;

(5)

Metal canopy structures; and

(6)

Outdoor wood burners, as described in section 16-51.

Accessory use means a use which is customarily associated with, incidental, and subordinate to the principal use of any land, lot, parcel, building or structure.

Adult care facility means a facility for the care of adults, over 18 years of age, as licensed and regulated by the state under Public Act No. 218 of 1979 (MCL 400.701 et seq.), and rules promulgated by the state department of human services or its successor agency. The organizations shall be defined as follows:

Adult foster care facility means a governmental or nongovernmental establishment that provides foster care to adults.

a.

The term "adult foster care facility" includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care.

b.

The term "adult foster care facility" does not include:

1.

Nursing homes;

2.

Homes for the aged;

3.

Hospitals;

4.

Alcohol or substance abuse rehabilitation centers; or

5.

Residential centers for persons released from or assigned to a correctional facility.

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

Adult foster care large group home means a facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Adult foster care small group home means a private home with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Congregate facility means a residence for more than 20 adults.

Adult care institution means a state licensed adult residential facility which provides care and supervision on a 24-hour basis for the treatment of mental health, alcohol abuse, substance abuse or other long-term illness or rehabilitation program. The term "institutions for mentally handicapped, drug or alcohol patients" or "correctional institutions," or "mental health facilities" means the same, regarding persons 18 years of age or older.

Adult day care facility means an unlicensed facility which provides care for elderly or functionally impaired adults in a protective setting for a portion of a 24-hour day.

Alley means a public way designated as an alley on a recorded plat or other recorded instrument, or if not so designated, then a public way which does not exceed 20 feet in width.

Animal, container. Domestic animals (such as fish, turtles, frogs, toads, guinea pigs, gerbils, birds, reptiles, and the like) normally and customarily kept at all times within a container providing the appropriate habitat.

Animal, household. Any domestic animal normally and customarily allowed within, and generally allowed to run freely throughout, the same dwelling unit as the human occupants for pleasure and companionship such as dogs, cats, ferrets, and rabbits.

Animal, wild or exotic. Any animal that is not typically domesticated or found on farms or in residential homes, but which are typically found in the wild, zoos, circuses, wildlife sanctuaries or nature preserves.

Auto (automobile) means any motorized vehicle intended to be driven on roads or trails, such as cars, trucks, vans and motorcycles.

Automobile gasoline station means an establishment which includes buildings and premises for the primary purpose of retail sales of gasoline. An automobile gasoline service station may also include an area devoted to sales of automotive items and convenience goods (mini-mart) primarily sold to patrons purchasing gasoline. An establishment which provides vehicle maintenance or repair is not included within this definition.

Automobile or vehicle dealership means a building or premises used primarily for the sale of new and used automobiles and other motor vehicles, such as motorcycles, boats and recreational vehicles. Such a dealership may include outdoor display and accessory indoor maintenance and repair.

Automobile repair establishment (major repair) means an automotive repair establishment which may conduct, in addition to activities defined below as "minor repairs," one or more of the following: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles, major overhauling of engine requiring removal of cylinder head or crank case pan, recapping or retreading of tires, steam cleaning and similar activities.

Automobile service establishments (routine maintenance and minor repair) means a building or premises used primarily to provide general maintenance on automobiles, such as oil changes and lubrication; servicing and repair or spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributor; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile accessories, such as tires, radios and air conditioners; wheel alignment, balancing and undercoating; but excluding tire recapping or grooving or any major mechanical repairs, collision work, or painting. An automobile maintenance/service establishment may also sell gasoline but is distinct from an automobile gasoline station.

Automobile wash means any building or structure or portion thereof containing facilities for washing motor vehicles using production line methods with a conveyor, blower, steam cleaning device or other mechanical washing devices; and shall also include coin- and attendant-operated drive-through, automatic self-serve, track-mounted units and similar high-volume washing establishments, but shall not include hand washing operations.

Basement means a portion of a building having more than one-half of its height below grade.

Bed and breakfast means a use which is subordinate and incidental to a principal use of a single-family dwelling and a use in which guests are provided a sleeping room and board in return for payment and are permitted within any district.

Berm means a mound of soil graded, shaped and improved with landscaping in such a fashion as to be utilized for screening purposes.

Board of appeals means the city zoning board of appeals.

Boardinghouse means a dwelling where meals, or lodging and meals, are provided for compensation to three or more persons by prearrangement for definite periods of time not less than one week in duration.

Brew pub means a restaurant that sells alcoholic liquors brewed on the premises. The term "brew pub" also includes uses licensed by the state as "micro brewer," "small wine maker," "small distiller," and "licensed tasting room."

Building or structure means an independent structure, either temporary or permanent, having a roof supported by columns, walls, or any other support used for the enclosure of persons, animals, or chattels, or carrying on business activities or other uses.

Building height means the vertical distance measured from the established grade at the front of the building to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. When the terrain is sloping, the ground level is measured at the wall line.

Building, principal, means a building in which is conducted the principal uses of the lot on which such building is located.

Building setback line means the line situated at the outer surface of a building or enclosure wall, at the ground surface level, pertaining to the minimum setback distance established from the front street right-of-way or property line, thus defining an area of the lot adjacent to the front line in which no part of a building shall project or be located, except as otherwise provided for in this chapter.

(Code 2009, § 40-2; Ord. No. 53-A, § 2.03, 8-16-1982; Ord. of 8-30-1985, § 2.02(HH); Ord. of 9-10-1987, § 2.02(I); Ord. No. 90, § 1, 8-17-1999; Ord. No. 105, § 1, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 141, § 1, 11-9-2006; Ord. No. 147, § 1, 4-12-2007; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(2.02), 7-9-2009; Ord. No. 170, § 1, 4-11-2013; Ord. No. 218, § 1, 4-11-2019; Ord. No. 216, § 1(40-2), 5-14-2019; Ord. No. 249, § 1, 3-14-2024)

Caliper means the diameter of a trunk measured as follows:

(1)

Existing trees are measured at four and one-half feet above the average surrounding grade; and

(2)

Trees which are to be planted shall be measured 12 inches above the average surrounding grade if the tree caliper is more than four inches or, if the tree caliper is less than four inches, it shall be measured at six inches above the average surrounding grade.

Canopy tree means a deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purpose of a canopy tree is to provide shade to adjacent ground areas.

Carport means a shelter for vehicles consisting of a roof extended from a wall of a building or a partially open structure consisting of a roof and possibly walls.

Childcare facility means a facility having as its principal function as the receiving of minor children for care, maintenance, training, and supervision notwithstanding that educational instruction may be given.

Childcare center or day care center means a facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day and for not less than two consecutive weeks and where the parents or guardians are not immediately available to the child.

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

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

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

Group child day 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 the adult member of the family by blood, marriage, or adoption. The term "group child day care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

Childcare institution means a childcare facility which is organized for the purpose of receiving children for care, maintenance and supervision usually on a 24-hour basis to more than six children in a building maintained for that purpose and operates throughout the year. The term "childcare institution" includes a maternity home for the care of unmarried mothers and institutions for orphaned, mentally, emotionally or developmentally challenged or disturbed children.

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

Co-location means location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, to reduce the overall number of structures required to support wireless communication antennas within the city.

Commercial care center means a facility other than a private residence, required to be licensed by the state, in which:

(1)

Provides care to adults who are aged, mentally ill, disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care;

(2)

One or more children are given care and supervision for periods of less than 24 hours per day, and where a parent or legal guardian is not immediately available to the child;

The term "commercial care facility" includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.

Commercial vehicle means any vehicle bearing or required to bear commercial license plates and which falls into one or more of the categories listed below:

(1)

Truck tractor.

(2)

Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures.

(3)

Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending-supply or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling and other construction-oriented contractors.

(4)

Tow trucks.

(5)

Commercial hauling trucks.

(6)

Vehicle repair service trucks.

(7)

Snow plowing trucks.

(8)

Any other vehicles with a commercial license plate having a gross vehicle weight in excess of 10,000 pounds or a total length of 22 feet.

Convalescent or nursing home means a home for children or the aged or infirm, or a place of rest for those suffering bodily disorders wherein seven or more persons are cared for. Said home shall conform to, and qualify for license under, applicable state law.

Development permit means a permit signifying that a proposed use or structure complies with the provisions of city ordinances, including, but not limited to:

(1)

Design;

(2)

Use;

(3)

Activity;

(4)

Height;

(5)

Setbacks;

(6)

Density;

(7)

Stormwater;

(8)

Infrastructure;

(9)

Site planning;

(10)

Special use status; or

(11)

Planned unit development status.

Drive-through business means a commercial business establishment whose principal retail or service character is dependent on providing a driveway approach and parking spaces for motor vehicles so as to serve patrons while in or momentarily stepped away from their motor vehicles. The term "drive-through business" includes, but is not limited to:

(1)

Banks;

(2)

Cleaners;

(3)

Restaurants; and

(4)

Laundry pickup; etc.

Drive-through restaurant means a drive-through establishment that furnishes the patron with food in a ready-to-consume state, primarily in plastic, paper or other disposable containers, and where the consumption of food is allowed either:

(1)

In the main building;

(2)

In a motor vehicle parked on the premises;

(3)

In another facility on the premises outside the main building; or

(4)

Off the premises.

Dwelling unit means a single unit providing independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Multiple-family dwelling means a building or portion thereof, used or designated to use as a residence for three or more families living independently of each other and each doing their own cooking in said building. The term "multiple-family dwelling" includes:

a.

Three-family buildings;

b.

Four-family buildings;

c.

Apartments; and

d.

Townhouses.

One-family dwelling (also called a single-family dwelling) means a building containing one dwelling unit.

Townhouse means a dwelling unit in a structure containing at least three such units, each unit having its own main entrance on the first floor and sharing a common wall but not having a common floor/ceiling.

Two-family dwelling (also called a duplex) means a detached building containing two dwelling units, and is designed for use by two families living independently of each other and each doing their own cooking in each unit.

(Code 2009, § 40-3; Ord. No. 53-A, § 2.03, 8-16-1982; Ord. No. 105, § 2, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 126, § 1, 8-12-2004; Ord. No. 129, § 1, 6-9-2005; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(2.03), 7-9-2009; Ord. No. 170, § 1, 4-11-2013)

Essential public services means the erection, construction, alteration or maintenance of public utilities or municipal department or commissions of underground, surface, or overhead gas, electrical, steam or water transmission or distribution systems; collection communication supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories reasonably necessary to provide adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare; but not including buildings other than those that are primarily enclosures or shelters for the above essential service equipment.

Family means an individual or two or more persons related by blood, marriage or adoption living together as a housekeeping unit; or a group of not more than three persons who need not be related living together as a single housekeeping unit; or a foster family home, foster family group home or adult foster care family home, as defined in section 32-3.

Frontage means the length of a single continuous front lot line.

Garage, private, means accessory building or portion of a main building used primarily for the storage of three passenger vehicles.

Garage, public, means any building used for the storage of more than three vehicles or where vehicles are equipped, repaired, stored or kept for remuneration, hire or sale.

Greenbelt means a strip of land of definite width and location reserved for the planting of shrubs or trees to serve as an obscuring screen or greenbelt in carrying out the requirements of this chapter.

Home occupation means an occupation conducted in a dwelling unit, as regulated in section 32-550.

Hotel means a building occupied or used as a predominantly temporary abiding place by individuals or groups of individuals, with or without meals, and in which building there are more than five sleeping rooms and in which rooms there is no provision for cooking.

Incubator means a facility which provides one or more of the following to more than one new commercial business venture within a single building: business operating and management assistance, administrative support, shared equipment or technical services or similar assistance to new businesses.

Junk means any immobile or unlicensed motor vehicles, auto parts, inoperable machinery, appliances, products, or merchandise with parts missing; scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use for the purpose of which they were manufactured.

(Code 2009, § 40-4; Ord. No. 53-A, § 2.04, 8-16-1982; Ord. No. 105, § 2, 11-9-2000; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(2.04), 7-9-2009; Ord. No. 195, 7-13-2017; Ord. No. 211, § 1, 10-11-2018)

Light industrial means manufacturing facilities whose external, physical effects have a minimum detrimental effect on the adjacent land uses such that noise and emissions are not detectable from the property lines and trucking activities are limited.

Lodginghouse means primarily a dwelling where lodging, with or without meals, is furnished on a weekly or monthly basis to three or more persons who are not members of the family occupying and operating the premises, but not necessarily to anyone who may apply.

Lot means a parcel of land occupied or intended to be occupied by one main building and the accessory buildings and uses customarily incident to such main building, and, including such open spaces, parking spaces, and loading spaces as are required by this chapter. The term "lot" includes the term "plot" or "parcel." A lot need not be a lot of record.

Lot characteristics.

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

Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth means the mean horizontal distance from the front street line to the rear lot line. In the case of an acreage lot, the lot depth is measured from the front right-of-way line to the rear property line.

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

Lot lines.

Front lot line, in the case of an interior lot, means the line separating such lot from the abutting street right-of-way. In the case of a corner lot, both street frontages shall be considered the front lot line and shall be subject to all applicable front yard setbacks. In the case of a double frontage lot, the front lot line shall be that line separating said lot from that street which provides access to the lot.

Rear lot line means, ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular-shaped lot, a line at least ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the zoning administrator shall designate the rear lot line.

Side lot line means any lot line which is neither a front lot line nor a rear lot line.

Lot of record means a lot which is part of a legally approved subdivision plat as shown on the records of the county register of deed, or a lot or parcel described by metes and bounds that is legally divided and approved by the city assessor pursuant to the Land Division Act, MCL 560.101 et seq.

Lot types.

Corner lot means a lot located at the intersection of two or more streets and at an angle of intersection of not more than 135 degrees.

Double frontage lot means a lot extending through a block from one street to another.

Interior lot means a lot other than a corner or double frontage lot with only one lot abutting a street.

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

Manufactured home means a residential building, dwelling unit, dwelling room, or a building component, which is designated for long-term occupancy as a dwelling unit or portion of a dwelling unit, and is wholly or substantially constructed at an off-site location, transported to a site and erected.

Marihuana means marihuana as defined in section 7601 of the Michigan Public Health Code, Public Act No. 368 of 1978 (MCL 333.7106 et seq.), as amended.

Marihuana establishment means a marihuana establishment as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

Marihuana facility means marihuana facility as defined in the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., as amended.

Medical marihuana caregiver means a "primary caregiver" or "caregiver" as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act.

Medical marihuana caregiver operation means the acquisition, possession, cultivation, manufacture, extraction, possession, delivery, transfer, or transportation of marihuana or marihuana-infused products by a medical marihuana caregiver for the purpose of assisting a medical marihuana qualifying patient's medical use of marihuana under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.

Medical marihuana qualifying patient means a "qualifying patient" or "patient" as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act.

Motel means groups of furnished rooms or separate structures providing sleeping and parking accommodations for transients.

(Code 2009, § 40-5; Ord. No. 53-A, § 2.05, 8-16-1982; Ord. No. 105, § 2, 11-9-2000; Ord. No. 126, § 1, 8-12-2004; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(2.05), 7-9-2009; Ord. No. 167, § 1, 8-11-2011; Ord. No. 2020-224, § 1, 6-11-2020; Ord. No. 236, § 1, 11-11-2021)

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 which does not conform to the provisions of the ordinance 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 this chapter or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.

Open/outdoor storage means the storage of any materials or objects outside the confines of a building for a continuous period longer than 24 hours or more, other than for outdoor display.

Outdoor display means the temporary, repeated placement of objects that are for the purpose of retail sale outside the confines of a building.

Principal use means the primary or predominant use of land, building or structure.

Public and quasi-public institutional buildings, structures and uses means buildings, structures, and uses of governmental agencies and nonprofit organizations, including, but not limited to, office buildings, police stations, municipal parking lots, post offices, museums, libraries and community centers.

Reception antenna means an exterior apparatus capable of receiving communication for radio or television purposes, including satellite dishes and other satellite reception antennae but excluding facilities considered to be essential public services or those preempted from city regulation by applicable state, Federal Communication Commission (FCC) or federal laws or regulations.

Restaurant means a structure that is maintained, operated, and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. The majority of the restaurant's income derives from food and non-alcoholic liquor sales but may serve alcohol if properly licensed by the state and may also include areas dedicated for the use of stages, dance floors, standing-room areas, seating, pool tables and other mechanical amusement devices.

Solar energy collector or system: A system or facilities (including solar collector surfaces, panels, and/or ancillary solar equipment) either affixed to a permanent principal or accessory building or functioning as a freestanding structure, that collects, stores, and/or distributes solar energy for heating or cooling, generating electricity, or heating water. Solar energy systems include, but are not limited to, photovoltaic (PV) power systems and solar thermal systems.

Ancillary solar equipment: Any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, converters, or water heater tanks.

Building-mounted solar energy collector: A solar energy collector attached to the roof or wall of a building, or which serves as the roof, wall, or other element in whole or in part of a building. This also includes building-integrated photovoltaic systems ("BIPV").

Ground-mounted solar energy collector: A solar energy collector that is not attached to and is separate from any building on the lot on which the solar energy collector is located.

Photovoltaic system: A semiconductor material that generates electricity from sunlight.

Property owner or lessor: Any person, agent, firm, corporation, limited liability company, or partnership that alone, jointly, or severally with others: (1) has legal or equitable ownership or title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, possession, care, or control of any premises, dwelling or dwelling unit, as an agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the Kent County Register of Deeds to be the owner of a particular property shall be presumed to be the person who owns or is in control of that property.

Small-scale solar energy collector: A solar energy collector primarily intended to provide energy for on-site uses and to provide power for use by owners, lessees, tenants, residents, or other occupants of the lot on which it is erected. It may be comprised of building-integrated photovoltaic systems ("BIPV"), ground-mounted solar energy collectors, and/or building-mounted solar energy collectors.

Solar collector surface: Any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar energy system.

Solar thermal system: A collection of solar panels and related equipment and components that converts sunlight into heat.

Tavern means a restaurant licensed by the state to sell at retail and serve alcoholic liquors on the premises using a barrier or counter at which any alcoholic liquors and food are sold or served to and consumed by customers, and the majority of their income derives from alcohol sales and may also include areas dedicated for the use of stages, dance floors, standing-room areas, seating, pool tables and other mechanical amusement devices.

(Code 2009, § 40-6; Ord. No. 53-A, § 2.06, 8-16-1982; Ord. No. 105, § 2, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 122, § 1, 6-24-2004; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(2.06), 7-9-2009; Ord. No. 161, § 1, 3-11-2010; Ord. No. 170, § 1, 4-11-2013; Ord. No. 218, § 1, 4-11-2019; Ord. No. 216, § 1(40-6), 5-14-2019; Ord. No. 245, § 1, 7-13-2023)

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Among other purposes, the provisions of this chapter are intended to:

(1)

Provide for adequate light, air, and convenience of access;

(2)

Lessen congestion in the streets;

(3)

Secure safety from fire and other dangers;

(4)

Avoid undue concentration of population by regulating and limiting the use and location of land and buildings and the height and bulk of buildings wherever erected;

(5)

Limit and determine the size of yards and other open spaces;

(6)

Regulate the density of population;

(7)

Conserve the value of property; and

(8)

Encourage the most appropriate use of land throughout the city.

(Code 2009, § 40-8; Ord. No. 53-A, § 1.02, 8-16-1982)

It is not intended by this chapter to repeal, abrogate, annul or in any other way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other agreement; provided, however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or specifies a definite land use or requires greater lot area or larger yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.

(Code 2009, § 40-9; Ord. No. 53-A, § 1.03, 8-16-1982)

(a)

In the interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, and general welfare.

(b)

It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with any existing provision of law or ordinance other than the zoning ordinance, 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 ordinances or by rules, regulations or permits, the provisions of this chapter shall control.

(c)

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 they are hereby declared to be subject to subsequent amendment, change or modifications as may be necessary to the preservation of protection of public health, safety, and welfare.

(Code 2009, § 40-108; Ord. No. 53-A, § 24.02, 8-16-1982)