This chapter continues Ordinance No. 219, adopted pursuant to Public Act No. 207 of 1921 (MCL 125.581 et seq.), for the general purpose of promoting the public health, safety and general welfare of the city. It has been designed to lessen congestion in the streets, secure safety from fire, prevent the overcrowding of land, bring about the gradual conformity of the uses of land and buildings, and minimize conflict among the uses of land and buildings, and provide adequate light and air.

(Code 1985, § 5.1)

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. This provision is amended by the addition of the following definitions:

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

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

Accessory building means any subordinate building, such as private garages and farm buildings located on the same lot with the main building, or any portion of the main building, if such portion is occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building for the purpose of determining the required dimensions of yards.

Accessory dwelling unit means a space accessory to a principal residential building that is used or occupied as a wholly independent dwelling unit that is firmly attached to a permanent foundation constructed on the site in accordance with the city's building code; that complies with all plumbing, electrical, and mechanical codes; that complies with all city and/or county health department codes for water supply and sanitary sewage disposal; that complies with all pertinent building and fire codes; and that meets or exceeds all applicable roof snow load and strength requirements. Mobile homes, travel trailers, recreational vehicles, automobile chassis or tents shall not be considered accessory dwelling units. There are two types of accessory dwelling units:

(1)

Accessory cottage shall mean an accessory structure for a dwelling unit that is detached from the principal residential building or attached garage.

(2)

Accessory apartment shall mean a dwelling unit over an attached garage, or within or attached to the principal residential building.

Accessory use means any use customarily incidental to the main use of the premises.

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

Adjacent means touching or sharing a boundary. Adjacent does not mean contiguity for local unit boundary adjustment purposes.

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:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, videocassettes, 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

(2)

Instruments, devices or paraphernalia designed for use as part of or in connection with specified sexual activities.

Alley means a roadway in any district that fronts a side of the parcel other than the front, especially a road between or behind buildings.

Architectural feature, significant means any building, structure, or portion thereof that is sufficiently distinctive or unusual in design or construction as to warrant the preservation and minimal alteration of its original form.

Area of the lot means the net area of the lot and shall not include portions of streets and alleys.

Arterial street means a street defined in the master plan or city's Act 51 plan as "major traffic routes" and/or as an arterial or major street by the Michigan Department of Transportation where the movement of through traffic is the primary function, with service to adjacent land uses a secondary function.

As-built plans means construction plans in accordance with all approved field changes.

Bar and tavern means any public place licensed for the sale of alcoholic liquors, having a maximum occupancy capacity of less than 100 persons and not meeting the requirements of a class I restaurant.

Berm means a mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual and/or audible screening purposes.

Buffer zone means a strip of land often required between certain zoning districts reserved for plant material, berms, walls, or fencing singularly or in combination to serve as a visual and noise barrier.

Building means any structure, either temporary or permanent, having a roof and walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any find. A building shall include tents, mobile homes, manufactured housing, storage sheds, garages, greenhouses, pole barns, semitrailers, vehicles situated on a parcel and used for the purposes of a building and similar structures. A building shall not include such structures as signs, fences, smokestacks, canopies, or overhangs but shall include structures such as storage tanks, produce silos, coal bunkers, oil-cracking towers, or similar structures.

Building envelope means the ground area of a lot which is defined by the minimum setback and spacing requirements within which construction of a principal building and any attached accessory structures (such as a garage) is permitted by this chapter. For condominium developments, the building envelope shall be illustrated on a site plan.

Building line means a horizontal line generally parallel to a front, rear, or side lot line which is located at the point of the foundation of a principal building nearest to the front, rear, or side lot line.

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

Building, service establishment means a business which provides business-type services to patrons including, but not limited to, copy centers, postal centers, data centers and computer-repair establishments.

Cabaret means any place wherein food and any type of alcoholic liquor is sold or given away on the premises and the operator thereof holds a yearly license to sell such beverages by the glass and which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

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 purposes of a canopy tree are to provide shade to adjacent ground areas and to enhance aesthetics.

Certificate of zoning compliance means a document signed by the building and zoning administrator as a condition precedent to the commencement of a use or the alteration of a structure or building or the construction/reconstruction of a structure or building which acknowledges that such use, structure or building complies with the provisions of this chapter.

Colocation shall mean the location of two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, in an effort to reduce the overall number of structures required to support wireless communication antennas within the community.

Commercial use means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee for more than seven days during a calendar year.

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)

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

Common elements means the portions of the condominium project other than the condominium units are defined as follows:

(1)

General common elements means and includes:

a.

The land in the condominium project.

b.

The foundations, main walls, roofs, halls, lobbies, stairways entrances, exits, or communication ways.

c.

The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated.

d.

The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated.

e.

The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air-conditioning, reservoirs, water tanks, and pumps and the like.

f.

The elevators, incinerators and, in general, all devices or installations existing for common use.

g.

All other elements of the condominium project owned in common and intended for common use or necessary to the existence, upkeep and safety of the project.

(2)

Limited common elements means and includes those common elements which are reserved in the master deed for the exclusive uses of less than all of the co-owners.

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

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

Communications tower means any freestanding structure or any antenna-type apparatus appended to any existing structure, used primarily or solely for the transmission of commercial data or radio, telephone and television signals.

Contractor yard means a site on which a building or construction contractor stores equipment, tools, vehicles, building materials and other appurtenances used in or associated with building or construction. A contractor's yard may include outdoor storage, or a combination of both.

Convenience store or mini-mart means a one-story retail store that is designed and primarily stocked to sell food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience stores are designed to attract greater volumes of stop-and-go traffic.

Convenience store with gasoline sales means an establishment that retails convenience-food items which occupy 50 square feet or greater of the sales area in conjunction with gasoline sales.

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

Curb cut means the entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

Deceleration lane means an added roadway lane that permits vehicles to slow down and leave the main vehicle stream before turning.

Detention basin or facility means a manmade or natural water-collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or manmade outlets.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. A development may include a site plan, a plot (building) plan, a condominium plan, a plat or a manufactured housing community.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, including customer communication facilities for banks or other uses. A drive-in restaurant is distinct from a drive-through restaurant in that the majority of drive-in patrons consume food and beverages while in the vehicle and parked on the premises.

Dumpster or waste receptacle means any accessory exterior container used for the temporary storage of rubbish, pending collection, having the capacity of at least one cubic yard. Recycling stations and exterior compactors shall be considered to be dumpsters or waste receptacles.

Dwelling, accessory means an additional attached or detached dwelling located on the same lot occupied by a principal single-family dwelling intended to be subordinate to the principal dwelling with individual pedestrian access to a street; and private water and sewer facilities or public utilities serviced independently or from the principal dwelling's water, sewer and electrical connections.

Dwelling, attached single-family means a single-family dwelling unit attached to one or more other single-family dwelling units by means of a common-party wall or by a connecting wall or similar architectural feature, such as a garage or carport, and with such dwelling having its own doors which open to the outdoors.

Dwelling, multiple-family means any building usable for residence purposes by two or more families, not including a mobile home.

Dwelling, single-family means a building containing not more than one dwelling unit designed for residential use.

Dwelling, tiny home means a dwelling unit less than 400 square feet that meets the standards of the International Residential Code.

Dwelling unit means any building or portion thereof designed exclusively for and occupied exclusively for residential purposes and having cooking and bath facilities. In no case shall a travel trailer, motor home, automobile, tent or other portable building defined as a recreational vehicle be considered a dwelling.

Economic impact study means a professionally prepared, written evaluation which contrasts the economic vitality of the city with and without the proposed land use.

Entertainment facilities means an establishment which provides for activities such as, but not limited to, bowling alleys, billiard and pool halls, game and video arcades, and tag games.

Environmental impact study means a professionally prepared, written evaluation which defines, describes and evaluates the positive and negative environmental impacts of a proposed land use.

Essential public service building means a building or structure principal to an essential public service, such as a drop-off station for residential recyclables, vehicle garages, telephone exchange buildings, electricity transformer stations or substations, gas regulator stations.

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

Façade means the exterior wall of a building exposed to public view.

Family means any number of individuals customarily living together as a single housekeeping unit and using common facilities.

Feasibility of colocation. Colocation shall be deemed to be "feasible," for purposes of this section where all of the following are met:

(1)

The wireless communication provider entity under consideration for colocation will undertake to pay market rent or other market compensation for colocation.

(2)

The site on which colocation is being considered, taking into consideration reasonable modification of replacement of a facility, is able to provide structural support.

(3)

The colocation being considered is technologically reasonable, e.g.; the colocation will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas, and the like.

(4)

The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the city taking into consideration the several standards contained in section 52-319 of this chapter.

Floor area, gross or total means the sum of all gross horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed porches, courtyards, or patios shall not be considered as part of the gross area except where they are utilized for commercial purposes such as the outdoor sale of merchandise.

Floor area, residential. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, 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 excludes areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor area, useable. For the purposes of computing parking requirements, the useable floor area shall be considered as that area 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, hallways, stairways, and elevator shafts, or for utilities for sanitary facilities, shall be excluded from this computation of useable floor area. Useable floor area shall be measured from the interior faces of the exterior walls, and total useable floor area for a building shall include the sum of the useable floor area for all floors. Where calculations are not provided, the useable or gross leasable floor area shall be assumed to be 85 percent of the gross floor area.

Frontage means the linear dimension measured along the public street right-of-way line or along the private road access easement.

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

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

Garage, public, means any building used for the hire, sale, storage or servicing of automotive vehicles or trailers.

Glare means the effect produced at the lot line by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

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

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

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

Greenbelt means a landscaped area along a street between the curb or road shoulder and the front yard building or parking setback line, this area also includes a front yard parking lot setback area.

Handbill means any printed or written matter, any sample or device, dodge, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature that advertises for sale any merchandise, product, commodity or thing, or which directs attention to any business, mercantile or commercial establishment, or other activity for the purpose of either, directly or indirectly, promoting the interest thereof by sales, or which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged, or a collection taken for the purpose of private gain or profit, or which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private gain of any person so engaged as advertiser or distributor. Such term does not include any bona fide newspaper, the principal objective of which is the dissemination of news items, even though the newspaper contains matter of an advertising nature. Such term also does not include signs advertising garage sales, yard sales, etc., regulated elsewhere in this Code.

Hard surface. For a single-family home, hard-surface consists of MDOT 22A or 23A gravel, brick, asphalt or concrete meeting the construction specifications of the city.

Historical feature, significant means any site or structure which is located in a designated local historic district or listed in the state or national register of historic places.

Home occupation means any occupation that is customarily performed at home and that does not involve an external structural change in the building, does not require the employment of the equivalent of full-time help, does not require on-street parking, does not require the display of a sign, is not conducted in an accessory building or accessory cottage and does not impose any negative external influences upon surrounding property. Under no circumstances shall a business that involves or is related to medical marijuana in any way be considered a home occupation. Home occupations expressly excludes all medical marijuana dispensaries, retail activity, growing facilities, and all activities licensed under Public Act 281 of 2016.

Incinerator facilities means a facility that uses thermal-combustion processes to destroy or alter the character or composition of medical waste, sludge, soil or municipal solid waste, not including animal or human remains.

Impervious surface means a manmade material which covers the surface of land and substantially reduces the infiltration of storm water to a rate of five percent or less. Impervious surface shall include pavement, buildings, and structures.

Living space means areas in a dwelling unit that are livable space. Livable space does not include closets, attics, crawl spaces and other storage areas.

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. For purposes of meeting the dimensional standards of this chapter, a lot does not include public rights-of-way or private road easements, but does include access easements for a service drive. A lot may be a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, contiguous portions of lots of record, a parcel of land described by metes and bounds or a condominium lot.

Lot area, gross means the area contained within the lot lines or property boundary including street right-of-way if so included.

Lot area, net means the total area of a horizontal plane within the lot lines of a lot, exclusive of any public street rights-of-way or private road easements, or the area of any lake. The lot area shall be used in determining compliance with minimum lot area standards.

Lot area, net buildable means the net lot area less areas devoted to floodplains or surface water bodies; water bodies being defined as areas greater than five acres in size (either before or after project implementation) which are periodically or permanently covered with water.

Lot, corner means any lot having at least two contiguous sides abutting upon one or more streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting a curved street shall be a corner lot if the arc has a radius less than 150 feet.

Lot coverage means the part or percent of a lot occupied by buildings and accessory buildings.

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

Lot, flag means a lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

Lot frontage means the length of the front lot line.

Lot, interior means a lot other than a corner lot which, with the exception of a "through lot," has only one lot line fronting on a street.

Lot line means a line bounding a lot, parcel, or general common element if there is no limited common element, which separates the lot, parcel, or general common element if there is no limited common element, from another lot, parcel, general common element if there is no limited common element, existing street right-of-way, approved private road easement, or ordinary high water mark.

Lot line, front means the lot line which separates the lot from the existing street right-of-way or approved private road easement that provides access to the lot. In the case of a corner lot, the line separating the narrowest side from the street.

Lot line, rear means the lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, it means an imaginary line ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.

Lot line, side means any lot line other than a front or rear lot line.

Lot, nonconforming means a lot of record which does not meet the dimensional requirements of this chapter.

Lot of record means a tract of land which is part of a subdivision shown on a plat or map which has been recorded in the Office of the Register of Deeds for Clare or Isabella Counties; or a tract of land described by metes and bounds which is the subject of a deed or land contract which is likewise recorded in the office of the register of deeds. When two lots in a recorded plat have been combined into a single building site, said lots shall be deemed a single lot of record for the purposes of this chapter.

Lot, through (also called a double frontage lot) means an interior lot having frontage on two more or less parallel streets. In the case 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 distance between side lot lines measured parallel to the front lot line at the minimum required front setback line.

Lot, zoning means a single tract of land, located within a single block, which, at the time of filing for a building 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, or portions thereof.

Marijuana definitions:

(1)

Grower means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marijuana for sale to a processor, marijuana retailer, or provisioning center.

(2)

Licensee means a person holding a state operating license.

(3)

Marijuana means that term as defined in the public health code, 1978 PA 368, MCL § 333.7106.

(4)

Marijuana facility means a location at which a license holder is licensed to operate under a commercial marijuana business by the State of Michigan.

(5)

Marijuana plant means any plant of the species Cannabis sativa L.

(6)

Marijuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marijuana that is intended for human consumption in a manner other than smoke inhalation. Marijuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL § 289.1101 to 289.8111.

(7)

Michigan Marihuana Facilities Licensing Act, or MMFLA, means Act 281 of 2017, being MCL § 333.27101, et seq.

(8)

Michigan Medical Marijuana Act means the Michigan Medical Marijuana Act, 2008 Initiated Law 1, MCL §§ 333.26421 to 333.26430, or MMMA.

(9)

Michigan Marihuana Regulation and Taxation of Marihuana Act, or MRTMA, means Initiated Law 1 of 2018, being MCL § 333.27951, et seq.

(10)

Paraphernalia means any equipment, product, or material of any kind that is designed for or used in growing, cultivating, producing, manufacture, compounding, converting, storing, processing, preparing, transporting, injecting, smoking, ingesting, inhaling, or otherwise introducing into the human body, marijuana.

(11)

Person means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

(12)

Plant means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.

(13)

Processor means a licensee that is a commercial entity located in this state that purchases marijuana from a grower and that extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a provisioning center.

(14)

Marijuana retailer means a provisioning center, a dispensary, a licensee that is a commercial entity located in this state that purchases marijuana from a grower or processor and sells, supplies, or provides marijuana. Provisioning center includes any commercial property where marijuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marijuana registration process in accordance with the Michigan Medical Marijuana Act is not a provisioning center for purposes of this Act.

(15)

Registered primary caregiver means a primary caregiver who has been issued a current registry identification card under the Michigan Medical Marijuana Act.

(16)

Registered qualifying patient means a qualifying patient who has been issued a current registry identification card under the Michigan Medical Marijuana Act or a visiting qualifying patient as that term is defined in section 3 of the Michigan Medical Marijuana Act, MCL § 333.26423.

(17)

Registry identification card means that term as defined in section 3 of the Michigan Medical Marijuana Act, MCL § 333.26423.

(18)

Safety compliance facility means a licensee that is a commercial entity that receives marijuana from a marijuana facility or registered primary caregiver, tests it for contaminates and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.

(19)

Secure transporter means a licensee that is a commercial entity located in this state that stores marijuana and transports marijuana between marijuana facilities for a fee.

(20)

State operating license or, unless the context requires a different meaning, license means a license that is issued under this act that allows the licensee to operate as one of the following, specified in the license:

a.

A grower.

b.

A processor.

c.

A secure transporter.

d.

A marihuana retailer, a provisioning center, or dispensary.

e.

A safety compliance facility.

(21)

Statewide monitoring system or, unless the context requires a different meaning, system means an internet-based, statewide database established, implemented, and maintained by the department under the marijuana tracking act, that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:

a.

Verifying medical marihuana registry identification cards.

b.

Tracking marijuana transfer and transportation by licensees, including transferee, date, quantity, and price.

c.

Verifying in commercially reasonable time that a transfer will not exceed the limit that the adult, patient or caregiver is authorized to receive under the laws of the State of Michigan.

Massage parlor means an establishment or place primarily in the business of providing massage services and which is not a myotherapy establishment.

Micro wireless facility means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width and 12 inches in height and that does not have an exterior antenna more than 11 inches in length.

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 a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Such term does not include a recreational vehicle.

Natural features means features including soils, wetlands, floodplain, water bodies, topography, vegetative cover, and geological formations.

Nightclub means any public place licensed for the sale of alcoholic liquors, having a maximum occupancy capacity of greater than 100 persons and not meeting the requirements of a class I restaurant.

Nonconforming building means any building or portion thereof lawfully existing at the time the ordinance from which this chapter is derived became effective and which now does not comply with its regulations.

Nonconforming use means any property use which was lawful at the time the ordinance from which this chapter is derived became effective and which now does not comply with its regulations.

Nuisance factors means an offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noises of or congregation of people and traffic.

Obscuring screen means a visual barrier between adjacent areas or uses. The screen may consist of structures, such as a wall or fence, or living plant material.

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

Outdoor display, sales, or storage means outdoor display, sales, or storage that is accessory to a permitted commercial use or a business operated substantially outside of any building, including: retail sales of garden supplies and equipment (including but not limited to, trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture); sale of building and lumber supplies; automobiles, recreational vehicles, boats, mobile homes, garages, swimming pools, playground equipment, mowing equipment, farm implements, construction equipment and similar materials or equipment, rental and leasing establishments; and year-round flea markets, farmer's markets, roadside stands, and auctions.

Parapet wall means an extension of a building wall above the roof which may serve to screen roof-mounted mechanical equipment.

Paraprofessional means a person with similar, but ordinarily less, occupational background and experience than a professional, who assists a professional in the performance of his duties and responsibility.

Parcel or tract means a continuous area of acreage of land which can be described as provided for in the Michigan Land Division Act.

Parking lot, off-street means a facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering to provide access for entrance and exit for the parking of more than three vehicles.

Parking space means an area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and which is accessible for the parking of permitted vehicles, meeting the requirements of [sections] 52-305 through 52-308.

Pawnshop means any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loads or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property. This definition shall be deemed to exclude banks and other regulated financial business.

Performance guarantee means a financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed in compliance with the ordinance, regulations and the approved plans and specifications of a development.

Person means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

Planned residential unit development means a residential development planned and developed as an entity, under unified control, developed according to comprehensive and detailed plans, including a program providing for the continual maintenance and operation of such improvements, facilities and services, which will be for the common use of the occupants of the planned residential unit development, which may have single-family dwellings or attached single-family dwellings.

Professional means an individual whose full-time career requires extraordinary or highly specialized education, training, skills and licensing in a commonly recognized occupation which adheres to a formally established set of ethical and/or legal standards of eligibility, performance and personal conduct.

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, fire stations, municipal parking lots, post offices, libraries, museums, and community centers.

Recreational vehicle means a vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

Restaurant means any public place licensed by the state department of agriculture where food is cooked, prepared, provided or served for human consumption without a license for the sale of alcoholic liquor, excluding churches, educational facilities, hospitals, and nonprofit clubs and lodges.

Restaurant, class I means any public place licensed by the state department of agriculture where food is cooked, prepared, provided or served for human consumption and the premises are licensed for the sale of alcoholic liquors, provided that the establishment is operated subject to all of the following requirements and performance standards:

(1)

Culinary facilities shall at all times be maintained and provided for the preparation and cooking of food for consumption on the premises.

(2)

The establishment shall offer a varied menu of food items, consisting of not fewer than ten such food items, cooked or prepared on the premises.

(3)

Not more than 50 percent of the gross floor area open to the general public shall be used for purposes other than seating for diners consisting of tables, chairs, booths and necessary aisle ways, and public restrooms shall not be considered in such determination.

(4)

During any given 90-day period, no more than 50 percent of the gross revenues of the establishment shall be derived from the sale of any alcoholic liquor as defined by the Michigan Liquor Control Code of 1998, Public Act No. 58 of 1998 (MCL 436.1101 et seq.).

Restaurant, drive-in or drive-thru means any restaurant where foods and beverages are sold to a retail customer through a service window or similar aperture without requiring the retail customer to exit his vehicle to make the purchase, and shall include an establishment that allows the retail customer to drive in or through any enclosed building or structure and make a purchase of food and beverage without requiring the retail customer to exit his vehicle.

Restaurant, sit-down means any restaurant where foods and beverages are sold primarily for consumption on the premises.

Retention basin means a pond, pool, or basin used for the permanent storage of storm water runoff.

Screening means the method by which a view of one site from an adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Significant natural, historical, and architectural features means significant architectural features, drainage ways and streams, endangered species habitat, floodplains, hedgerows, significant historical features, landmark trees, ponds and lakes, steep slopes, wetlands and woodlots.

Small cell wireless facility means a wireless facility that meets both of the following requirements:

(1)

Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six cubic feet.

(2)

All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Specified anatomical areas means and includes any one or more of the following:

(1)

Less than completely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

(2)

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

Specified sexual activities means and includes any one or more of the following:

(1)

The fondling or erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

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

(3)

Human masturbation, actual or simulated;

(4)

Human excretory functions as part of, or as related to, any of the activities described in subsections (1) through (3); and

(5)

Physical violence, bondage, mutilation or rape, actual or simulated, as part of, or as related to, any of the activities described in subsections (1) through (4).

Steep slopes means slopes with a grade of 12 percent of more.

Story means that part of a building, except a mezzanine as defined herein, 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. A basement shall not be counted as a story.

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

Substantial portion means a use or activity accounting for more than 20 percent of any one or more of the following:

(1)

Stock in trade;

(2)

Display space;

(3)

Floor space; or

(4)

Viewing time, movie display time or entertainment time measured per month.

Supercenter means a retail establishment selling supermarket items as well as those items typically found in a department or discount store, of more than 50,000 square feet within one or more structures.

Supermarket means a retail establishment selling groceries, dry goods, frozen foods and similar items typically within a building of over 5,000 square feet.

Telecommunication system means a system of antennas, cables, amplifiers, towers, microwave lengths, and any other conductors, converters, equipment or facilities designed and constructed for the purpose of distributing communication services to homes and businesses.

Telecommunication tower shall mean and include 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, micro-wave relay facilities, telephone transmission equipment buildings and private and commercial mobile radio facilities. Not included within this definition are: small cell wireless facilities; micro wireless facilities; citizen band radio facilities; short-wave receiving facilities; radio and television broadcast reception facilities; federally licensed amateur (ham) radio facilities; satellite dishes, and governmental facilities which are subject to state or federal law or regulations which pre-empt municipal regulatory authority.

Topographical map means a map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.

Traffic impact study means the analysis of the potential traffic impacts generated by a proposed project. This type of study and level of analysis will vary dependent upon the type and size of the project.

(1)

Rezoning traffic impact study. A traffic impact study which contrasts typical uses permitted under the current and requested zoning or land use classification. This study usually includes a trip generation analysis and a summary of potential impacts on the street system.

(2)

Traffic impact assessment. A traffic impact study for land uses which are not expected to have a significant impact on the overall transportation system but will have traffic impacts near the site. This type of study focuses on the expected impacts of a development at site access points and adjacent driveways.

(3)

Traffic impact statement. A traffic impact study which evaluates the expected impacts at site access points and intersections in the vicinity.

(4)

Regional traffic impact study. A comprehensive traffic impact study for land uses expected to have a significant long term impact on the street system. Such a study evaluates the impacts over a long period and may involve analyses of alternate routes. This type of study is typically prepared using a computer model which simulates traffic patterns.

Truck terminal means a structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other natural resources, are delivered for immediate distribution to other parts of the city, for delivery to other intrastate or interstate destinations, or for distribution involving transfer to other modes of transportation.

Yard, front means the open space extending from the full width of the lot between a building and the front lot line.

Yard, rear means the open space extending the full width of the lot between a building and rear lot line.

Yard, side means the open space extending from the front yard to the rear yard between a building and the side lot line.

Incorporation by reference. The ordinance from which this section derived shall be deemed to incorporate by reference the definitions set forth in Public Act 365 of 2018, being MCL 460.1301 through 460.1309.

(Code 1985, § 5.7; Ord. of 9-5-2006; Ord. No. 2011-004, 3-7-2011; Ord. No. 2012-002, 2-6-2012; Ord. No. 2014-008, 10-6-2014; Ord. No. 2016-002, 12-5-2016; Ord. No. 2018-001, 1-2-2018; Ord. No. 2019-003, 4-1-2019; Ord. No. 2020-004, 10-5-2020; Ord. No. 2020-009, Pt. 1, 11-2-2020; Ord. No. 2021-006, 10-4-2021)

Cross reference— Definitions generally, § 1-2.

Editor's note— Ord. No. 2016-002, adopted Dec. 5, 2016, repealed § 52-3, which pertained to intent and derived from Ord. No. 2011-004, adopted Mar. 7, 2011.