Dexter City Zoning Code

A building or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related and is devoted exclusively to an accessory use.

A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-road parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When "accessory" is used in this text, it shall have the same meaning as accessory use. Accessory uses include, but are not limited to, uses such as those that follow:

The term "act" or "doing of an act" includes "omission to act" and for the purpose of this chapter does not include legislation.

A governmental or nongovernmental establishment that provides supervision, personal care, and protection, in addition to room and board, for adults for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation at a single address as licensed and regulated by the Adult Foster Care Facility Licensing Act 218 of 1979, as amended,[1] and the associated rules promulgated by the Michigan Department of Licensing and Regulatory Affairs. Adult foster care facilities include facilities and foster-care family 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. Providing room under a landlord and tenant arrangement does not, by itself, exclude a person from providing adult foster care. An adult foster-care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility or any other facilities which have been exempted from the definition of adult foster-care facility by the Adult Foster Care Facility Licensing Act. The types of licensed adult foster-care facilities include the following, in accordance with the Adult Foster Care Facility Licensing Act and the associated administrative rules promulgated by the Michigan Department of Licensing and Regulatory Affairs:

A center other than a private residence in which more than six adults are supervised and receive group care for periods of time not to exceed 16 hours in a 24-hour period.

A private residence in which six adults or fewer are given care and supervision for periods of time not to exceed 16 hours in a 24-hour period.

As used in these Zoning Regulations, the following definitions shall apply to adult regulated uses:

A strip of land dedicated to public use, generally for the purpose of providing vehicular access to the rear of properties to which the principal access is provided by an abutting road.

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."

See "clinic, veterinary."

See "dwelling, multiple-family."

Unless specifically indicated otherwise, "automobile" shall mean any vehicle, including, by way of example, cars, trucks, vans, motorcycles, and the like.

A business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, motorcycles, or other similar motorized transportation vehicles. An automobile or vehicle dealership may maintain an outdoor display and sales area of its inventory of new and/or used automobiles and vehicles for sale or lease. Accessory uses to an automobile or vehicle dealership may exist on-site, such as, but not limited to maintenance, repair and service areas, and parts storage, all within an enclosed building.

An automotive repair establishment which may conduct activities of automobile or vehicle service centers, defined herein, and 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 casepan, recapping or retreading of tires, steam cleaning and similar activities.

A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; 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 service center may also sell gasoline, but is distinct from a gasoline service station (i.e., gas station without repair).

Any building or structure or portion thereof either as a principal or accessory use containing facilities for washing motor vehicles using production fine 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.

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. This definition shall not apply to earth-bermed, or earth-sheltered homes. A basement shall not be counted as a story.

A single-family dwelling which is owner occupied in which overnight accommodations are provided or offered for transient guests for compensation, often including provisions for a morning meal for overnight guests.

A room or space used or intended to be used for sleeping purposes.

The property abutting one side of a road and lying between the two nearest intersecting roads, (crossing or terminating) or between the nearest such road and parks, cemeteries, civic spaces, railroad right-of-way, unsubdivided acreage, lines of watercourses, or water bodies; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

The Zoning Board of Appeals of the City of Dexter.

A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.

The space remaining on a lot after compliance with the minimum required setbacks of the chapter.

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. A building shall include tents, awnings, semitrailers, or vehicles situated on a parcel and used for the purposes of a building. A building shall not include such structures as signs, fences, or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures.

The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of these Zoning Regulations.

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 gable, hip, and gambrel roofs.

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

A building, or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated.

The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, roads, and other buildings; gross floor area of buildings in relation to lot area; open space; and the amount of lot area required for each dwelling unit.

The diameter measured at 4.5 feet above the natural grade for existing trees; 12 inches above the average surrounding grade for new trees over four inches in caliper and six inches above the average surrounding grade for trees less than four inches in caliper.

A facility for the care of children under 18 years of age, as licensed and regulated by the state under the Child Care Organizations Act 116 of 1973, as amended,[2] the Adult Foster Care Facility Licensing Act 218 of 1979, as amended,[3] and the associated rules promulgated by the Michigan Department of Licensing and Regulatory Affairs. Such organizations shall be further defined as follows:

A roofed structure attached to a principal structure providing space for the parking or storage of currently licensed and registered motor vehicles, having no doors and open on at least one side.

A free standing roofed structure for the parking or storage of currently licensed and registered motor vehicles, completely open on one side and not more than 75% enclosed on the opposite side.

Land used or intended to be used for burial of the human dead, including columbariums, crematories, and mausoleums and dedicated for such purposes.

Any person, firm corporation, municipal department, or board duly authorized to furnishing under federal, state, or municipal regulations to the public sanitary sewerage disposal system from a central location or plant, but not including septic tanks.

Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a central water system from a central location or plant.

The City of Dexter, Michigan.

The governing body of the City of Dexter, Michigan.

A building or a group of buildings which are primarily accessed from common interior spaces with humidity control capability containing fully enclosed, compartmentalized stalls or lockers, and which are rented or leased as individual units for the storage of personal property.

A climate-controlled self-storage facility that may include principal permitted use in the I-1 and RD Districts.

Facilities for medical, dental, or psychiatric diagnosis and treatment, exclusive of major surgical procedures, for sick, ailing, and injured persons who are not kept overnight on the premises.

An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of animals, including those in need of medical or surgical attention. Veterinary clinics shall be further defined as follows:

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 or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in these Zoning Regulations.

A subdivision in which houses are grouped together in several modules, each one visually identifiable as an individual group, and the remainder of the subdivision being developed and reserved for the common enjoyment of the residents of the subdivision as open space or recreation area.

An occupation, employment or enterprise that is carried on for profit by the owner.

Any vehicle possessing commercial license plates, and which falls into one or more of the categories listed below:

A condominium is a system of separate ownership of individual units and/or multiunit projects according to Public Act 59 of 1978, as amended.[4] In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of these Zoning Regulations, condominium terms shall be defined as follows:

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 or indoor storage, or a combination of both.

A state-licensed medical-care institution providing 24-hour medical services for patients recovering from acute or postoperative conditions.

A one-story retail store that is designed and stocked to sell primarily 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 a large volume of stop-and-go traffic.

The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

See "street."

A platform, constructed of wood, which is typically attached to a dwelling unit, which is commonly used for outdoor leisure activities.

The number of dwelling units situated on or to be developed per net or gross acre of land excluding area devoted to public ROW or easements. For purposes of calculating maximum density, only 25% of the acreage comprised of open water, land within the 100-year floodplain elevation, and/or wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage.

A man-made 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, into natural or man-made outlets.

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.

A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

A building or a group of buildings, which may or may not have humidity control capability, and which are primarily accessed externally contain compartmentalized stalls or lockers, which are rented or leased as individual units for the storage of personal property.

An establishment so developed that some portion of its retail or service character is dependent upon providing a staging area and service window specifically designed for serving motorists while in a motor vehicle with carry-out and consumption or use after the vehicle is removed from the premises (see also definitions for "restaurants").

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

A building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows:

An independent, detached residential dwelling designed for and used or held ready for use by one family only. Single-family dwellings are commonly the only principal use on a parcel or lot.

A detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.

One or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking, and sleeping purposes.

A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.

A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

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.

The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including poles, wires, water towers, lift stations, iron removal facilities, wells, water mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, 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. Essential services shall not include storage yards, cellular telephone towers, recycling centers, commercial reception towers, air quality monitoring stations, propane sales, school bus parking yards, electrical towers, sales or business offices, or commercial buildings or activities or other similar uses.

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

The exterior wall of a building exposed to public view.

Means either of the following:

A structure of definite height and location constructed of wood, masonry, stone, wire, metal or any other material or combination of materials serving as a physical barrier, marker, or enclosure, but excluding low solid masonry walls (see § 65-3.18, Fences).

The depositing or dumping of any matter onto or into the ground, except as part of common household gardening or ground care.

The area adjoining a river, stream, water course, or lake which is inundated by a flood discharge which results from a 100-year storm of a 24-hour duration. The flood plain shall include the stream channel and overbank area (the floodway) and the fringe areas of the floodway.

The ratio of the floor area of a building to the area of the lot on which the building is located. The ratio is calculated by dividing the total floor area by the total lot area, both areas being in the same unit of measure, and expressing the quotient as a decimal number. The term is commonly referred to as "FAR."

The total constructed area of a building. This area is computed by measuring to the outside finished surface of permanent outer building walls or from the centerline of walls separating two buildings without any deductions except as noted. All enclosed floors of the building, including basements, garages (heated), mechanical equipment floors, penthouses, balconies, mezzanines, enclosed porches, accessory buildings attic floors space providing head room of at least 7'6" (whether or not floor has been installed) and the like are calculated.

Gross floor area shall be the sum of the horizontal areas of each story of the building, measured form the exterior surfaces of the exterior walls. Gross floor area shall include all spaces noted above except for: exterior porches, attached garages, attics and basements that cannot accommodate commercial or office operations other than unoccupied incidental storage.

A mobile vending unit as defined in § 34-72, Mobile vending units, of the City of Dexter's General Code of Ordinances.

See "club."

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.

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 renumeration, hire or sale.

An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, landscaping supplies, lawn furniture, playground equipment and other home garden supplies and equipment.

A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles. Gasoline service stations may also include an area devoted to sales of automotive items and convenience goods primarily sold to patrons purchasing gasoline.

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.

See "care organization."

A room used or intended to be used by one or more guests for living or sleeping purposes.

A room or building equipped for gymnastics, exercise, or sport.

Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

All uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in the most recent edition of the Building Code adopted by the City.

See "building height."

An occupation or professional that is customarily incidental and secondary to the use of the dwelling. It is customarily conducted within a dwelling, carried out by its occupants utilizing equipment customarily found in a home and, except for a sign allowed by this chapter, is generally not distinguishable from the outside.

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 occupancy by transient guests, 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.

A dwelling unit or portion thereof, or an accessory apartment, that is occupied by a Permanent Resident and is rented or leased to transient guests for a period of fewer than 30 consecutive calendar days per rental period. Consecutive month-to-month rentals or leases shall not be considered accessory short-term rental housing.

A dwelling unit that is not occupied by a Permanent Resident and is rented or leased to transient guests for a period of fewer than 30 consecutive calendar days per rental period.

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

An enclosed establishment which provides indoor exercise facilities, including court sport facilities; team sports activities; billiard halls; skating rinks; arcades; bounce arenas; climbing facilities; indoor golf; swimming facilities; bowling; shooting/archery ranges and similar activities.

A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

As used in these Zoning Regulations, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

Any motor vehicles, machinery, appliances, products, or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

An 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 metals, paper, rags, rubber tires, and bottles. A "junk yard" includes automobile wrecking yards and includes any open area of more than 200 sq. ft. for storage, keeping or abandonment of junk.

Any lot or premises on which four or more dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, or training subject to the regulations set forth herein regulating commercial kennels.

An establishment devoted to research and experimental studies, including testing, and analyzing, but not including manufacturing of any nature.

A combined live/work space or integrated living unit and working space with an internal connection between the living unit and working space, occupied, and utilized by a single-family, in a commercial or mixed used zoning district. Examples of live/work units include the following types:

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

A person that is authorized by the owner of a vacation rental to manage said vacation rental.

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. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of:

The total horizontal area within the lot lines of the lot exclusive of any abutting public road right-of-way or private road easements, or the area of any water body. The net lot area shall be used in determining compliance with minimum lot area standards.

Lots adjoining each other.

A lot where the interior angle of two adjacent sides at the intersection of two roads is less than 135 degrees. A lot abutting upon a curved road or roads 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 road line extended, form an interior angle of less than 135 degrees.[9]

The part or percent of the lot occupied by buildings and/or structures, including accessory buildings and structures, such as, but not limited to enclosed porches, breezeways, and swimming pools, but excluding sidewalks and driveway within non-required yards, and unenclosed porches, stairways, and decks.

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

A lot which is located behind other property or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

Any lot other than a corner lot.[10]

The lines bounding a lot as defined herein:

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

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.

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.

A dwelling unit which is designed for long-term residential use and is wholly or substantially constructed at an off-site location.

Marijuana, also known as marihuana, also known as cannabis. The term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marijuana used in this chapter and not otherwise defined shall have the meaning given to it in the Michigan Medical Marihuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act.

Any facility, structure, dwelling or other location where medical marijuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. (the "Act"), or a person in possession of an identification card issued under the Act or in possession of an application for such an identification card. The term "collective" or "cooperative" shall not apply to an individual registered primary caregiver that provides necessary care and medical marijuana for medical use exclusively to his/her five or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin Code, R 333.101 through R 333.133. A "marijuana collective, cooperative or dispensary" shall not include the following uses: a state-licensed health care facility; a state-licensed residential care facility for the elderly or infirm; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the State of Michigan.

See "marijuana collective, cooperative or dispensary."

The Comprehensive Community Plan adopted by the Planning Commission, including graphic and written proposals indicating the general location for roads, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

Any machine or device which operates as a game, entertainment, contest of skill, or amusement of any kind, and which has the following characteristics:

The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq.

An intermediate floor in any story occupying not to exceed 1/3 of the floor area of such story.

A facility in which a limited amount beer, wine or other alcoholic beverages, defined by the State of Michigan Liquor Control Commission, are brewed, fermented, or distilled and then packaged and stored for distribution.

A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Mini-warehouses are typically contained within a fenced, controlled-access compound.

A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home does not include a trailer coach (recreational vehicle).

A person, other than a manufacturer, engaged in the business of buying, selling, exchanging, leasing, or renting mobile homes.

A parcel or tract of land, under the control of a person, upon which three or more mobile homes are located on a continual non-recreational basis, and including all appurtenances that are incidental to the occupancy of a mobile home.

A pre-manufactured unit assembled of materials or products intended to comprise all or part of a building or structure and is assembled at other than the final location of the unit of the building or structures by a repetitive process under circumstances intended to ensure uniformity of quality and material content.

An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.

A series of attached, semi-detached or detached rental units containing a bedroom, bathroom, and closet space, but typically not cooking facilities. 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. A motel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

Natural features shall include soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

Any developed land used for active and/or passive recreational pursuits, within the jurisdiction and control of a governmental agency; commonly referred to as a "public park" (effective May 26, 2016).

A use and/or a building, lawfully existing at the time of adoption of this chapter or any subsequent amendment hereto, which does not conform to the use, height, bulk placement, or yard provisions of the zoning district in which it is situated (see Article IV, Non-Conformities).

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.

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 fine 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, illumination, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, or invasion of non-abutting road frontage by traffic.

The term "change of occupancy" or "change of use" shall mean a discontinuance of an existing use and the substitution of a use of a similar or different kind or class, or the expansion of a use.

Used in any manner at the time in question.

The distance between the centerlines of driveways or roads across the road from one another.

A facility or space which permits the standing, loading, or unloading of trucks and other vehicles other than on or directly from a public right-of-way.

A location within the public road right-of-way which has been approved by the City for the standing, loading, or unloading of trucks, vans or other vehicles.

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.

Spaces designated and signed for public parking within the public road right-of-way.

A business that is conducted primarily outdoors. Unless otherwise specified herein, open air-businesses include, but are not limited retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, hummus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and home improvement equipment, such as lawn mowers, fertilizer spreaders, lawn rollers, etc.

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Required open space shall be on the same lot with the principal use and shall be unoccupied and unobstructed from the ground upward except for living plant material recreational facilities, permitted signs, sidewalks, bike paths, and necessary drives and utility lines, unless as otherwise provided in this chapter. Where open space is required, no more than 50% of the required area shall be comprised of lakes, ponds, regulated wetlands or floodplain. Exceptions: The following structures may be located anywhere on the lot: open and unroofed terraces, patios, stoops and steps, ramps for handicapped access, awnings, flag poles, trellises, retaining walls, fountains, outdoor cooking equipment, sidewalks, mailboxes, light poles, and fences in accordance with Article III. In residential districts, the following types of structures may be located anywhere on the lot except in required front open space; fire escapes, and mechanical equipment. Certain architectural features such as cornices, eaves, gutters, and chimneys may project two feet into required open space.

See "outdoor service areas."

An area of 550 sq. ft. or more in size used for the display of goods, products or other materials, typically not in a fixed position and capable of rearrangement, designed for the purpose of sale, rent, lease or exhibit by the principal permitted business whose goods, product or other materials are displayed and which are not removed daily at the time of or prior to the close of business.

An area of less than 550 sq. ft. used for display and sale of merchandise, located outdoors; typically on a sidewalk facing the road or parking lot, which is directly adjacent and accessory to, but not located within the interior building walls of the principal retail establishment, for the purpose of sale, rent, or lease during the hours of operation of the retail establishment, where retail goods and merchandise are removed daily, at the time of or prior to the close of business.

See "outdoor service areas."

See "outdoor service areas."

See "outdoor service areas."

A porch, patio, deck, sidewalk, parking lot, parking space, or other public or private land area used for seated dining and beverage service, which is adjacent and accessory to, but not located within the interior building walls of food and/or beverage establishments.

The keeping, in an unroofed area or not within a fully enclosed building, of any goods, junk, material, merchandise or vehicles for more than 24 hours.

A parcel of land which is designated as an "outlot" on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.

A continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act[11] and has frontage on a public road.

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.

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

A person who occupies a dwelling unit for at least 60 consecutive days with intent to establish the dwelling unit as his or her primary residence. A permanent resident may be an owner or a lessee.

An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, "personal fitness center" shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.

A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location. Personal services include, but are not limited to, hair salons, barber shops, pet grooming, tailor shops, shoe or jewelry repair, laundry, or dry-cleaning services.

A surface that permits full or partial absorption of storm water.

A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.

A site used for or intended for the regular assembly of persons for the conducting of religious services and accessory uses therewith.

The City of Dexter Planning Commission.

A plan, drawn to scale, showing the actual measurements, the size and location of existing and proposed structures, the dimensions of the lot, and other relevant information, in accordance with § 65-22.04B.

Definitions for plug-in electric vehicle stations include the following:

An establishment wherein the substantial or significant portion of all useable floor area is devoted to the use of pool or billiard tables.

A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

The main use to which the premises are devoted and the principal purpose for which the premises exist. In cases where there is more than one use, the use comprising the greatest floor area shall generally be considered the principal use, except in cases where a use comprising a secondary amount of floor area is considered to have greater impact in terms of traffic generated, noise levels, disruption of views and similar impacts.

The lines bounding a lot; the lot lines.

A public corporation, franchise, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, telephone service (excluding cellular phone facilities), cable television services, telegraph, transportation, or water.

An access management term defined as ensuring a motorist can enter or exit a parcel in an uncomplicated manner that will not significantly prevent their visiting an establishment. Reasonable access may not always be the most direct access, but may involve use of a shared driveway or service drive.

An exterior apparatus that is capable of receiving communication for radio or television purposes, including satellite reception antennas but excluding facilities considered to be essential public service facilities or those preempted from City regulation by applicable state, FCC or other federal laws or regulations.

An enterprise conducted indoors which receives a fee in return for the provision of some recreational activity or facility. Such activities and facilities include, but are not limited to: bowling alleys; ice arenas or skating rinks; indoor soccer, baseball, football, or other athletic fields; indoor miniature golf courses and driving ranges; indoor tennis, basketball or other athletic courts; and other similar facilities or activities.

An enterprise conducted primarily outdoors which receives a fee in return for the provision of some recreational activity or facility. Such activities and facilities include, but are not limited to: soccer, baseball, football, or other athletic fields; outdoor miniature golf courses and driving ranges; music concert pavilions and bandshells; tennis, basketball or other athletic courts; outdoor skating rinks; canoe and/or kayak liveries with outdoor storage, pick up or drop off; and other similar facilities or activities.

A recreation facility operated by an institution, condominium association or non-profit to provide some recreational activity or facility, indoor or outdoor. Such activities and facilities include, but are not limited to swimming pool clubs, athletic fields, and skating rinks.

An establishment primarily engaged in the rental of bicycles, canoes, kayaks, and/or tubes, skateboards, roller skates/blades, and similar recreational equipment. This classification does not include rental of motorized vehicles or equipment.

Any publicly or privately owned lot or parcel that is utilized for recreational activities, such as, but not limited to, camping, swimming, picnicking hiking, nature study, hunting, boating, and fishing.

"Recreational vehicles" shall include the following:

A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.

A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products. This use is distinct from a junkyard or a salvage yard.

A grouping of single-family residences on lots where area and width requirements have been reduced below the minimums required in the district in which located, with the excess land area which results from the lot size reductions placed into common open space. (See § 65-12.02, Residential cluster development.)

A restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive through, fast food, standard restaurant, or bar/lounge, or combination thereof, as defined below:

A pond, pool or basin used for the permanent storage of storm water runoff.

The strip of land which a dedicated easement exists to allow facilities such as roads, crosswalks, railroad, electric transmission lines, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other similar uses.

For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least 80 sq. ft. 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.

An area where waste and used or secondhand materials are bought and sold, exchanged, stored, packed, disassembled or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A salvage yard includes junkyards and similar facilities including automobile wrecking yards and any open area of more than 200 sq. ft. for storage, keeping or abandonment of junk.

An occurrence or noteworthy happening of seasonal, civic, or religious importance, which is organized and sponsored by the City of Dexter or by a nonprofit Dexter community group, congregation, organization, club, or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

A building or a group of buildings which may or may not have humidity control capability, and which are primarily accessed externally contain compartmentalized stalls or lockers, which are rented or leased as individual units for the storage of personal property.

A building or a group of buildings which are primarily accessed from common interior spaces with humidity control capability containing fully enclosed, compartmentalized stalls or lockers, and which are rented or leased as individual units for the storage of personal property.

A climate-controlled self-storage facility that may include principal permitted use in the I-1 and RD Districts.

Any private road that is generally parallel to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.

A trailer which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

A building or group of buildings containing dwellings intended to be occupied by older persons as defined by the Fair Housing Act. Senior housing may include independent and/or assisted living arrangements but shall not include convalescent homes or homes for the aged regulated by the state. The following additional definitions shall apply:

A pickup truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

Is the distance required to obtain the minimum required distance between the front, side or rear lot lines and the building lines or parking lot. Setbacks from a public road or private road shall be measured from the right-of-way line or easement. Setbacks shall remain as open space as defined herein, unless otherwise provided for in this chapter.

A grouping of retail businesses and service uses on a single site with common parking facilities.

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

The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; pedestrian and vehicular circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

A panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal or chemical energy for the purpose of generating electric power or other form of generated energy for use in or associated with a principal land use on the parcel of land on which the solar energy collector is located and, if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other lands.

Any land use which requires approval by the City Council according to the standards listed in this chapter, and as authorized in the City or City Zoning Act.

Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation. Various types of roads are defined as follows:

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 basement shall not be counted as a story.

An uppermost story lying under a sloping roof having an area of at least 200 sq. ft. with a clear height of 7'6". 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.

The dividing line between the road and a lot.

Anything constructed or erected, the use of which requires location on ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennae, swimming pools, signs, gas or liquid storage facility, mobile homes, access drives, sidewalk, road directional or road name sign, and landscape improvements. Essential public utility poles, regulatory signs, necessary drives, sidewalks, bike paths, permitted parking, permitted signs and landscaping are not considered structures within required setback open spaces.

Any alteration that changes the location of the exterior walls or area of a building.

The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended.[12]

Any establishment used for the dispensing, on an inpatient or outpatient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a substance abuse treatment facility.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% 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. Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not however include 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 of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Shall mean any permanent, nonportable structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches and with a surface area greater than 250 sq. ft., intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

An establishment that allows customers to taste samples of wine, beer or other alcoholic beverage manufactured on site or that has a State of Michigan issued liquor license as a tasting room. A tasting room may include wine, beer, or other alcoholic beverages and related item sales, marketing events, temporary special events, entertainment, and/or food service. Establishments that are classified by the State Liquor Control Board as bars, nightclubs, taverns, restaurants, or Class C liquor licenses are not included within this definition.

A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements listed in the County Building Code, as amended.

Any event which is intended to generate, invite or attract one or more persons in public attendance, participation and/or spectator-ship for a particular and limited purpose and time, including but not limited to parties, fairs, festivals, concerts, shows, exhibitions, fundraising walks and runs, fairs, grand openings/re-openings, retail sales events, or any similar events or activities, irrespective of whether such events or activities are for or intended for profit, charity or for any other purpose and irrespective of whether the temporary special event is to occur on public or privately-owned property.

A use established for a fixed period of time within any zoning district, with the intent to discontinue such use upon the expiration of the time period. Temporary uses include temporary special events.

An enclosed building used for presenting performances or motion pictures, which are observed by paying patrons from seats situated within the building.

Time limits stated in this chapter shall mean calendar days, weeks, months, or years, whichever are applicable, unless otherwise specified herein.

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

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

Waste or a combination of waste and other discarded material (including but not limited to solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

A person who occupies a dwelling unit or portion thereof for not more than 30 days.

A transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.

A medical clinic which offers emergency type care.

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.

A small trailer that is designed to be pulled by an automobile, van, or pickup truck.

A modification of the literal provisions of the Zoning Ordinance granted when enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter. A wall shall be a solid durable structure of masonry or concrete with a continuous foundation in contrast to a fence which may be constructed of wood.

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

Shall mean land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

A pedestrian route between locations, of approximately 1,320 feet, taking no more than five minutes for an adult with average abilities to walk.

A building used primarily for storage of goods and materials.

The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.

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

The Michigan Zoning Enabling Act (PA 110 of 2006, as amended).[13]

The City Official(s) designated by the City Council to administer and enforce the City Zoning Ordinance of the City or his or her designee.