This chapter shall be known as the "East Jordan Zoning Ordinance."

(Code 2009, § 48-1; Ord. No. 142, § 1.01, 2-6-1990)

This chapter is derived from an ordinance for the protection of the public health, safety and other aspects of the general welfare of the city through the establishment of zoning districts for the planned orderly growth and development of the city within which the proper use of land and natural resources may be encouraged or regulated, and within which zoning district's provisions may also be adopted designating the location of, the size of, the land and structural uses that may be permitted without or with special use conditions; the minimum open spaces, sanitary, safety and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings and structures that may be erected or altered; to provide, based upon the planned orderly growth and development of the city, in an orderly manner and through the wise and efficient use of public services required to be provided to the residents of the city; to provide for the conservation of the use of energy; the conservation of open space lands, wetlands and land areas containing natural or cultural resources or features necessary to the social and economic well-being of present and future generations; to provide for a method of adoption of amendments to this chapter, to provide for conflicts with other state laws and state administrative rules and regulations and local ordinances and regulations with this chapter; to provide for penalties for violations of this chapter; to provide for the assessment, levy and collection of taxes on property zoned, developed and used in accordance with the provisions of the Michigan zoning enabling act (MCL 125.3101 et seq.) and this chapter; to provide for the collection of fees for zoning permits required under this chapter; to provide for petitions and public hearings in accordance with the provisions of the Michigan zoning enabling act, and this chapter, and to provide for appeals of the provisions of this chapter.

(Code 2009, § 48-2; Ord. No. 142, § 1.02, 2-6-1990)

The ordinance from which this chapter is derived is adopted pursuant to the Michigan zoning enabling act (MCL 125.3101 et seq.), and, when so far as it is applicable, the Michigan planning enabling act (MCL 125.3801 et seq.). Said public acts covering municipal planning and zoning are hereby made a part of this chapter as if contained verbatim in their complete textual forms, as amended.

(Code 2009, § 48-3; Ord. No. 142, § 1.03, 2-6-1990)

This chapter, and its contained provisions, are hereby declared to be necessary to the providing of a planned orderly growth and development of the city, in the interest of providing for the public health, safety, peace, enjoyment, convenience, comfort and other aspects of the general welfare of the residents of the city in order to provide adequately for the necessities in the pursuit of their daily living pattern.

(Code 2009, § 48-4; Ord. No. 142, § 1.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The zoning ordinance of the city presently in effect in the city and all amendments thereto, hereby are superseded by the ordinance from which this chapter is derived, which reorganizes, and amends the present zoning ordinance on the effective date of the ordinance from which this chapter is derived; provided, however, if this chapter as a whole shall subsequently be judicially determined to have been unlawfully adopted, by having a public referendum overrule its adoption by the city commission, or be declared null and void for any other reason shall automatically reinstate the present zoning ordinance and all of its amendments to their full effect.

(Code 2009, § 48-5; Ord. No. 142, § 1.05, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The zoning map and text and the plans and specifications for the future development and redevelopment of the city are based upon the master land use studies and plan for the city. The master land use studies and plan has been and will continue to be a basis for amending or changing the zoning ordinance map and text in the future.

(Code 2009, § 48-6; Ord. No. 142, § 1.06, 2-6-1990)

All words used in the present tense shall include the future, all words in the singular number include the plural number, and all words in the plural number include the singular number; the term "building" includes the term "structure," and the term "dwelling" includes the term "residence;" the term "person" includes the term "corporation," the term "co-partnership," and the term "association" as well as the term "individual;" the term "shall" is mandatory and directory. Terms not herein defined shall have the meaning customarily assigned to them, except when it is deemed necessary to amend this chapter with additional words to be defined or when a word needs to be defined by interpretation, the zoning board of appeals shall define such terms.

(Code 2009, § 48-7; Ord. No. 142, § 2.01, 2-6-1990)

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

Accessory building. See Building, accessory.

Accessory use. See Use, accessory.

Adjacent property means property which adjoins any side or corner of a specific parcel of land.

Administrator. See Zoning administrator.

Alley means automotive access easement or right-of-way located along the rear of lots or parcels and connected to a public or private street.

Alterations means any change, addition or modification in construction or type of occupancy, any change 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.

Animal hospital means a self-enclosed building wherein animals including domestic household pets and farm animals are given medical or surgical treatment and use as a boarding place for such animals limited to short time boarding incidental to hospital use. Such hospitals include only those under direction of a licensed veterinarian registered in the state. Such animal hospitals shall be constructed in such a manner that noise and odor are not discernible beyond the property upon which it is located.

Animal shelter means a building supported by a governmental unit or agency or by a nonprofit corporation where domestic pets or other animals are kept because of requirements of public health officials, loss by owner, neglect or violation of a public law or ordinance.

Apartments means the dwelling units in a multiple-family dwelling, as defined in this section.

Efficiency unit means a dwelling unit consisting of not more than one room, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density shall be considered as a one-room unit.

One-bedroom unit means a dwelling unit consisting of not more than two rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a two-room unit.

Two-bedroom unit means a dwelling unit consisting of not more than three rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a three-room unit.

Three-or-more bedroom unit means a dwelling unit wherein for each room in addition to the three rooms permitted in a two-bedroom unit, and for the purpose of computing density, said three-bedroom unit shall be considered a four-room unit, and each increase in a bedroom over three shall be an increase in the room count by one over the four.

Appeal. See Zoning appeal.

Automobile carwash means a building, or portion thereof, where self-propelled motor vehicles are washed as a commercial enterprise.

Automobile or trailer sales area means any enclosed building or area or open space used for display, sales, or rental of motor vehicles or trailers in new or used and operable condition.

Automobile repair garage means a place where, with or without the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; or painting and undercoating of motor vehicles.

Automobile service station means a place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on premises; including sale of minor accessories and service for automobiles.

Automobile storage, damaged, means any storage or inoperable vehicles intended to be repaired back to operable condition, but not including such vehicles which are incident or accessory to an automotive repair garage or a licensed salvage yard used as a depository for such vehicles.

Awning or canopy means a prefabricated overhead attachment to the front of buildings and structures for the purpose of providing shelter from sun and inclement weather for pedestrians walking in front of a building or structure on a sidewalk or entering and exiting a building or structure and constructed of pipe and canvas, wood, plastic, metal or other suitable material.

Basement means that portion of a building partly below grade, but so located that the vertical distance from the grade level to the basement floor is greater than the vertical distance from the grade level to the basement ceiling. A basement shall not be included as a story for height measurement, nor counted as floor area, unless the room has walk-out capability. The term "walk-out basement" means a room with at least one wall below grade which provides barrier free access to the exterior of the structure and with at least 50 percent of one wall with no grade and two exits which are fire escape routes.

Bed and breakfast facility means any single-family dwelling used or designed in such a manner that certain rooms in excess of those used by the owner are rented to the transient public for compensation.

Bedroom means a dwelling room used for or intended to be used solely for sleeping purposes by human beings.

Berm means a continuous mound of earth having slopes which do not exceed a ratio of one unit of height to four feet of length.

Block means that section of one side of a street located between two intersecting streets and having no other intersecting street between them.

Board of appeals. See Zoning board of appeals.

Body piercing means the perforation of human tissue, other than an ear, for a nonmedical purpose and other than perforation of human tissue by a licensed medical practitioner.

Body piercing establishment means an establishment where body piercing is performed, whether or not it is in exchange for compensation or any other form of consideration.

Breezeway means any covered passageway with open sides between two buildings.

Building means an independent structure, either temporary or permanent, having a roof supported by columns or walls which includes sheds, garages, stables, greenhouses, or other accessory structures. A detached building is one separated on all sides from adjacent buildings by open spaces from the ground up. When any portion thereof is completely separated from every other part thereof, by division walls from the ground up, and without openings, each portion of such structure shall be deemed a separate building.

Building, accessory, means a supplemental building or structure on the same lot or parcel of land as the main building, or buildings, or part of the main building occupied by or devoted exclusively to any accessory uses, but such use shall not include any building used for dwelling, residential or lodging purposes, or sleeping quarters for human beings.

Building area means the space remaining on a lot or parcel after the minimum yard and open space requirements of this chapter have been complied with.

Building height means the vertical distance from the established grade to the highest point of the roof surface for flat roofs, to the deckline of mansard roofs; and to the average height between eaves and ridge for gables, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building inspector means the city official appointed by the city commission to administer and enforce the standards of this chapter.

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

Building, main, means the building or structure in which the principal use or activity on a lot or parcel takes place.

Building permit means a building permit is the written authority issued by the building inspector in conformity with the provisions of chapter 8, article II.

Building, principal, means a building in which is conducted the principal use of the premises on which it is situated.

Building setback line means the line formed by the outer surface of a structure or enclosure wall at or with the finished grade or surface of the ground; pertaining to defining those minimum (building) setback lines which are established, in general, parallel to the front street right-of-way and within which setback area no part of a building shall project or be located, except as otherwise provided for by this chapter.

Building, temporary. See Temporary use or building.

Campground means the uses and activities which take place on a lot or parcel of land for temporary short-term resort or recreation purpose in accordance with part 125 of the public health code (MCL 333.12501 et seq.) and the administrative rules promulgated under the public health code (MCL 333.1101 et seq.) as administered by the county, district or state public health departments.

Canopy. See Awning.

Child day care center means a building where the principal use of the property is to care for six or more unrelated children in an institution setting.

Church means a building wherein persons assemble regularly for religious worship, maintained and operated by an organized religious body. Accessory uses, buildings and structures customarily associated with a church. The term "church" includes temples or synagogues.

Clinic, animal, means a building or group of buildings and/or structure where domestic animals are admitted for examination, treatment and care by a licensed veterinarian or related paraprofessionals and technicians and where such animals may be provided with overnight housing.

Clinic, human, means a building or group of buildings where human patients are admitted for examination and treatment by more than one professional; such as, a physician, dentist, or the like, except that such human patients are not lodged therein overnight.

Club or lodge means an organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit, and open only to members and not the general public.

College means a place of higher learning providing facilities for teaching and research of a general, technical, or religious nature, either public or private, and which is operated on a nonprofit basis.

Commercial means a retail trade and for a professional, personal, technical and mechanical service business primarily operated for profit.

Commercial district or center means a concentration of commercial uses or activities, on a specific area planned or zoned for commercial purposes.

Common areas, uses and services means land areas, improvements facilities and utilities, the use, enjoyment and maintenance of which are intended to be shared by the owners and occupants of individual building units in a subdivision or a planned development.

Construction code means a city building or construction code which meets the requirements of the state construction code act or any code established in accordance with its provisions.

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

District means zoning district.

Drive-in establishment means any establishment which offers goods and/or services over the counter or in motor vehicles.

Drive-in restaurant means any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages, or other food served directly to or permitted to be consumed by patrons in cars or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site outside the main building.

Dwelling means a building designed and built in accordance with the city construction code or used exclusively as a living quarters for one or more families but not including automobile chassis, tents or portable buildings.

Dwelling, group (group housing), means two or more single- or multiple-family dwelling structures on a parcel of land under single ownership.

Dwelling, mobile home, means a dwelling unit manufactured in one or more sections, designed for year-round dwelling purposes, capable of being transported upon its own or a separate wheeled chassis and not motorized or self-propelled, but which meets the minimum floor area requirements of this chapter and installed in accordance with all of the other requirements of this chapter and the construction code specified for dwellings, when located outside of a state-licensed mobile home park. When a licensed mobile home is located in a state-licensed mobile home park it shall meet the requirements of the state mobile home commission act and the rules and regulations established by the mobile home commission.

Dwelling, multiple-family, means a dwelling structure, or portion thereof, designed for occupancy by two or more families living independently of each other.

Dwelling, one-family, means a dwelling structure designed exclusively for occupancy by one family.

Dwelling, two-family or duplex, means a multiple-family dwelling structure designed exclusively for occupancy by two families independent of each other.

Dwelling unit means a dwelling unit is any building or portion thereof or a mobile home having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently. In cases of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to a dwelling.

Erected includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and other similar construction, shall be considered a part of erection.

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

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

Exception. See Zoning exception.

Exit ramp means an automotive exit from a highway.

Family means:

(1)

An individual or group of two or more persons related by blood, marriage or adoption, together with foster and step children and servants or the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

(2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit.

The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Fence means a permanent partition, structure or gate erected as a dividing marker, barrier or enclosure, and not a part of a principal building or structure or other accessory structure. An ornamental fence is one that is less than three feet in height, and is normally used in setting off planting areas and gardens.

Filling means the depositing or dumping of any matter into or onto the ground, except common household gardening and general care.

Filling station. See Automobile service station.

Floodplain means that portion of land adjacent or connected to a water body or watercourse which is subject to periodic inundation in accordance with the 100-year flood cycle as determined by the U.S. Army Corps of Engineers or other applicable federal agency.

Floor area, gross, (GFA) means the sum of the gross horizontal areas of the several floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two dwelling units. The gross floor area of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level or finished lot grade and of interior finished construction similar to first or main floor. Any space devoted to off-street parking or loading shall not be included in gross floor area. Areas of dwelling basements, unfinished attics, utility rooms, breezeways, porches (enclosed or unenclosed) or attached garages are not included.

Floor area, usable, (UFA) means the measurement of usable floor area shall be that portion of floor area (measured from the interior face of the exterior walls) used for or intended to be used for services to the public as customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used principally for storage or merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half-story area, the usable floor area shall be considered to be only that portion having a clear height of more than 90 inches of headroom.

Frontage, street. See Street frontage.

Garage, commercial, means any garage, other than a private garage available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles or other motor vehicles.

Garage, private, means an accessory building not to exceed the height or 50 percent of the usable floor area of the principal structure used for parking of vehicles or storage as may be required in connection with the permitted use of the principal building.

Gas station. See Automobile service station.

Grade means a ground elevation established for the purpose of regulating the number of stories and the height of the building. 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.

Grading permit means a permit required in all zoning districts for any manmade earth change to the natural cover or topography of land which may result in or contribute to soil erosion or sedimentation of the water of the city. Grading permits are not usually required for minor single-family residential projects unless the projects are subject to the soil erosion and sedimentation control provisions of part 91 of the natural resources and environmental protection act (MCL 324.9101 et seq.). Grading permits are usually made part of the standard zoning permit, but may be applied for and issued separately.

Greenbelt. See Landscaping.

Grocery store means a retail store where a minimum of 50 percent of the floor area or more than 25,000 square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products and prepackaged foods.

Group child care home means a residential dwelling where the care of seven to 14 unrelated children is given in a family setting, incidental to the principal use of the dwelling.

Group housing. See Dwelling, group.

Highway means any public thoroughfare dedicated and maintained for the use and operation of vehicular traffic by the state department of transportation. See Street.

Highway, major arterial, means those highways defined as such in the city master plan for streets and highways.

Historical building, site or area means those parcels and/or uses of land and/or structures whose basic purpose is to:

(1)

Safeguard the heritage of the city by preserving or allowing a structure or use which reflects elements of the community's cultural, social, economic, political, or architectural history;

(2)

Stabilize and improve property values in the area;

(3)

Foster civic beauty;

(4)

Strengthen the local economy; and

(5)

Promote the use of such sites for the education, pleasure, and welfare of the local residents and of the general public.

Home, motor, means a motorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging. The term "motor home" does not include mobile homes.

Home business means any use customarily conducted within a dwelling, an accessory structure or on a property and carried on by the inhabitants thereof, may involve employees, but does not change the general character thereof, and which does not endanger the health, safety, and welfare of any other persons residing in that area by reasons of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such business, profession or hobby. Such business shall be permitted to make external alterations of construction features or have outdoor work areas, storage, or signs not customarily permitted in residential areas.

Home occupation means any use customarily conducted entirely within a dwelling, an accessory structure or an enclosed area and carried on by the inhabitants thereof, not involving employees other than members of the immediate family, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and which does not endanger the health, safety, and welfare of any other persons residing in that area by reasons of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, profession or hobby. Such occupation shall not be permitted to make external alterations of construction features or have outdoor work areas, storage, or signs not customarily permitted in residential areas.

Hospital means an institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel means a building occupied or used as a more or less temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms, and in which no provisions are made for cooking in any individual room. Bed and breakfast facilities located in dwellings are excluded from the term "hotel." See Motel.

Industrial means a product manufacturing or conversion through assembly of new or used products or through the disposal or reclamation of salvaged material business and service activity that are operated primarily for profit.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

Inoperative vehicles means an automotive vehicle that is inoperable and unlicensed for current driving on public streets.

Institution means an organization having a social, educational or religious purpose established by law, custom, practice or a system to serve a public.

Junk means all rubbish, refuse, waste material, garbage, including, but not limited to, the following: waste composed of animal, fish, fowl, fruit or vegetable matter, dead animals, putrescible and nonputrescible solid waste (except body wastes), ashes, glass, cans, bottles, discarded or abandoned machinery, household appliances, industrial wastes, discarded, inoperative, dismantled or partially dismantled motorized vehicles or parts thereof. This shall not preclude home or farm composting for on-site use.

Junkyard means any lot, parcel, field or tract of land on which there is an accumulation of junk, equipment or machinery, whether operated for profit or not for profit bases. The term "junkyard" includes automobile wrecking yards and salvage areas of more than 200 square feet for the storage, keeping or abandonment of junk or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, but does not include uses contained entirely within an enclosed building.

Kennel means any lot or premises on which four or more dogs of more than six months in age are kept or boarded temporarily or permanently, for the purpose of breeding, boarding, for sale, or otherwise. It shall also include any lot or premises on which other fur-bearing household or domestic pets of like number are bred or sold.

Laboratory means a place in which the principal use is devoted to experimental, routine, or basic study such as testing and analytical operations.

Lake means a permanent natural or manmade body of surface water of at least five acres in area.

Land use permit. See Zoning permit.

Landscaping and greenbelts means any combination of existing or planted trees, shrubs, vines, ground covers, flowers, lawns, fences, fountains, pools, ponds, artworks, screens, walls, benches, drives, parking areas, walks, paths, steps, terraces and garden structures located in a yard or along the border of a yard and used as a buffer or screen between two or more incompatible land uses or activities.

Lighting, source of, refers to the light bulb or filament which is exposed or visible through a clear material. Exposed mercury, sodium vapor lamps or neon gas lamps shall be considered a direct source of light.

Loading space means an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.

Lot means a parcel of land occupied, or intended to be occupied, by a principal building or a group of such buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records. (See Parcel or Plat.). A lot shall not include road easements or road rights-of-way.

Lot area means the total horizontal flat plane area contained within the lot lines of a lot or parcel.

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purpose of this chapter if the arc is of less radius than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

Lot coverage means that percentage of the flat plane lot or parcel covered by all buildings and structures located in the lot or parcel.

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

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

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

Lot line, front, means, in the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, the term "front lot line" means all lines separating said lot from adjacent streets. Also the line separating said lot from the body of surface water by the shoreline upon which it fronts.

Lot line, rear, means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten feet long farthest from the front lot line and wholly within the lot.

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

Lot lines means the exterior perimeter boundary lines of a lot or parcel.

Lot of record means a lot or parcel recorded in the office of the county register of deeds. For the purpose of this chapter, land contracts, leaseholds and purchase options not recorded in the county register of deeds' office, but dated and notarized shall also constitute a lot or parcel of record.

Lot, waterfront, means a lot having a frontage directly upon a lake, river or other reasonable sized impoundment of water. The portion adjacent to the water shall be designated as the water frontage of the lot.

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

Major thoroughfare means a street, or highway designated as such in the city master plan for streets and highways.

Marginal access street means a public or private street or driveway paralleling and adjacent to any one of the major streets and arterials as designated in the city master plan for streets and highways.

Master plan means the plan prepared and adopted by the city planning commission in accordance with state law, relative to the agreed upon desirable physical land use pattern for future city development. The plan consists of a series of maps, plans, charts, and written material, representing in summary form, the soundest planning direction to the city as to how it should grow in order to realize the very best orderly land use arrangement and community living environment.

Mobile home means a dwelling unit manufactured in one or more sections, designed for year-round, temporary or transient dwelling purposes, capable of being transported upon its own or a separate wheeled chassis, not motorized or self-propelled, built for the purpose of being located in a licensed mobile home park, meets the requirements of the FHA standards of the United States Department of Housing and Urban Development (HUD) and installed in accordance with this chapter, the construction code and/or the rules and regulations of the state mobile home park commission act when located in a state-licensed mobile home park.

Mobile home park means a specifically designated parcel of land which has been designed and constructed to accommodate three or more licensed mobile homes for residential dwelling use, and the mobile home park licensed by the state in accordance with the mobile home commission act (MCL 125.2301 et seq.).

Mobile home space or pad means a specified area of ground within a mobile home park designed for the accommodation of one mobile home.

Motel or motor court means a business comprising a dwelling unit or a group of dwelling units so arranged as to furnish temporary or transient lodging accommodations for the public for compensation. See Hotel.

Nonconforming building or structure means a nonconforming building is a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the dimensional requirements of the chapter in the zoning district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived, or amendments thereto, that does not conform to the use regulations of the zoning district in which it is located, but which continues to have a legal vested right to continue to be used exactly as it existed at the time of adoption of the ordinance from which this chapter is derived or any amendment to it, except as otherwise provided in this chapter.

Nuisance 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 adversely affect a human being.

Nuisance per se means a nuisance which is subject to remedy as a matter of law and is a violation of this chapter.

Nursing home. See Convalescent home.

Occupied means a building, structure, or land area designed and used for the purpose of and occupied for a useful purpose permitted under the provisions of this chapter.

Office means an enclosed area which has as its primary use, rooms for professional or financial organizations, individuals, and labor unions, civic, social, fraternal and/or other related organizations or enterprises.

Office park means the district or area for office and office related accessory uses.

Off-street parking. See Parking, off-street.

Off-street parking lot. See Parking, off-street, lot.

Off-street parking space. See Parking, off-street, space.

Open-air business uses means business uses operated for profit, substantially in the open air, usually without buildings or structures, including uses such as the following:

(1)

Bicycle, utility truck or trailer, motor vehicle, boats or home equipment sale, repair, or rental services.

(2)

Outdoor display and sales of garages, motor homes, mobile homes, snowmobiles, farm implements, swimming pools and similar products.

(3)

Retail sale of trees, fruit, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer.

(4)

Tennis courts, archery courts, shuffleboard, horseshoe courts, rifle ranges, miniature golf, golf driving range, children's amusement park or similar recreation uses (transient or permanent).

Open space means any land area that exists in its natural state or which is reserved for growing vegetation, recreation, gardens or household service activities, such as, clothes drying, but not occupied by any buildings or other aboveground or surface structures, except as provided in this chapter.

Open space uses means any principal or accessory use of a lot or parcel not involving the use of buildings or structures which are required to meet the state construction code or any construction requirement of ordinances, rules or regulations, except as provided in this chapter.

Open storage means a land area occupied and used for outdoor storage of building materials, sand, gravel, stone, lumber, equipment and other supplies.

Outdoor advertising signs (billboards). See Signs, outdoor advertising.

Parcel. See Lot.

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

Parking, off-street, means vehicular parking provided on a lot or parcel, but not within a highway or street right-of-way or a reserved or dedicated easement.

Parking space means a land area of not less than nine by 20 feet, exclusive of driveways and aisles, and so prepared as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public street or alley.

Parking space, off-street, means an area of definite length and width; said area shall be exclusive of drives, aisles, or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles on lots or parcels, but not within a public highway or public or private street right-of-way.

Pet means only such animals as may commonly be housed within domestic living quarters.

Planned unit development (PUD) means a planned residential, commercial, industrial, public or semipublic land use development consisting of two or more principal uses located on a parcel of land of prescribed minimum area, prepared in accordance with the PUD requirements of this chapter and approved by the city after site plan review.

Plat means a map or plan of the layout of the subdivision of a parcel of land which is in conformance with all of the provisions of Public Act No. 288 of 1967 (MCL 560.101 et seq.), the land division act, and the subdivision regulations of the city.

Pond means a small body of surface water of less than five acres but more than one-quarter of an acre in area and at least 18 inches deep which exists in a natural state or is established by either the damming of surface water or by excavation of soil to expose groundwater.

Porch, enclosed, means 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. The term "enclosed porch" includes a patio.

Porch, open, means 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 term "open porch" includes a patio and deck.

Practical difficulties. See Zoning variance.

Private street. See Street, private.

Public utility means any person, firm, corporation, municipal department, agency, board, or commission duly authorized to furnish, and furnishing under federal, state, or municipal regulations to the public; electricity, gas, steam, communications, telegraph, transportation, water, stormwater collection or wastewater collection and treatment.

Recreation vehicle means a motorized vehicle primarily designed and used as temporary living quarters for recreational camping or a vehicle mounted on or drawn by another vehicle, but not including mobile homes.

Recreation vehicle park (RV park) means a family recreation oriented facility for the overnight or short-term (not to exceed 14 days consecutively) parking of travel trailers, recreation vehicles or tents, but not including mobile homes. An RV park may also be known as a campground.

Restaurant means a building in which food or beverages are cooked or prepared and offered for sale, and where consumption is permitted on the premises whether or not entertainment is offered.

Restaurant, fast food, means a restaurant serving food and beverages on the premises in one of the following manners: in automobiles; at a drive-through window; or at an establishment which otherwise has a carry out service as part of the business.

Restaurant, sit-down, means a restaurant serving food and beverages (both alcoholic and nonalcoholic) in which the customer is served food and beverages within the establishment or at outside tables. Sit-down restaurants as herein described shall not have any exterior window opening which permits food and beverages to be picked up by automobile or pedestrians for the consumption off the premises or within the automobiles on the premises.

Right-of-way, street, includes highway and street right-of-way. See Street right-of-way.

Roadside stand means a temporary or permanent building or structure operated for the purpose of selling only products or produce raised or produced on the same premises including the immediate surrounding area, by the proprietor of the stand or his family; its use shall not make it a commercial district or land which is basically classified as residential, nor shall its use be deemed a commercial activity. The maximum floor area of a roadside stand shall not exceed 400 square feet.

Salvage means the same as junk. See Junk.

Sanitary landfill means a private or public landfill that meets all of the requirements of part 111 of the natural resources and environmental protection act (MCL 324.11101 et seq.) and part 115 of such act (MCL 324.11501 et seq.), and the rules promulgated under these acts by the state.

Setback, street, means the minimum required distance between the street right-of-way line and the nearest point of the foundation or the vertical wall extended to the ground of the principal structure.

Setback, waterfront, means the minimum required distance between the established shoreline and the nearest point of the foundation or the vertical wall extended to the ground of the principal structure.

Shopping center means a group of three or more stores, offices, or shops selling merchandise or services and served by a common off-street automobile parking area which is located on private property.

Shoreline means ordinary high water mark (OHWM), being defined to mean the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is common or recurrent so that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the soil and the vegetation. On an inland lake which has had a level established by law, it means the high established level. On a river or stream, the ordinary high water mark shall be the ten-year-flood limit line. The ordinary high water mark shall be at elevation 582.35 feet (International Great Lake Datum, IGLD) for Lake Charlevoix.

Sign means the use of any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as to show an individual firm, profession, business, product or message and visible to the general public. Framing and decorative borders shall be included as a part of the measurable surface of the sign. See further definitions of the term "sign" in article VIII of this chapter.

Sign, lighted, means any sign visible to the outdoors having a conspicuous, continuous or intermittent variation in the illumination of the physical position of any part of the sign.

Sign, outdoor advertising, means any construction or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public is affixed. The term "outdoor advertising sign" does not include any bulletin boards used to display official court or public notices. An outdoor advertising sign includes a billboard.

Site plan means a legal plat of survey of a lot or parcel and the plan for all of the proposals to develop or change the existing character of the lot or parcel.

Special use means a use with conditions specified in this chapter, which is subject to approval by the city after site plan review. A special use which shall be granted when all of the provisions specified by this chapter are met. A permitted special use is not considered to be a nonconforming use, but is one which is a necessary and integral part of the zoning district in which specified special uses are permitted.

Special use permit means a permit issued by the city to a person intending to undertake the operation of a use and/or an activity upon land or within a structure which is specifically mentioned in this chapter.

State-licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act (MCL 400.701 et seq.), or Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer persons under 24-hour supervision or care.

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

Story, half, means an uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor does not exceed two-thirds of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven feet, six inches.

Story height means the vertical distance from the top surface of one floor to the top surface of the next above. The height of the topmost story is the distance from the top surface of the floor to the ceiling above it.

Street means any public or private thoroughfare dedicated and maintained for the use and operation of vehicular traffic and which meets the minimum standards of construction of the city's street department.

Street block means that portion of both sides of a street located between two intersecting streets and having no other intersecting street between them.

Street, collector, means a street specified in the master plan for street and highways which connects to minor streets and subsequently to major streets.

Street, connecting, means a street specified in the master plan for streets and highways which connects two major streets or highways, and carries, or is planned to carry, major volumes of traffic.

Street frontage means the legal line which separates a dedicated street right-of-way or easement from abutting land.

Street, frontage access, means a public or private street paralleling and providing driveway ingress and egress to adjacent lots and parcels but connected to the major highway or street only at designated intersections or interchanges.

Street, hard surface, means a highway or street built to the concrete or asphalt surface street building specifications of the city or the state department of transportation.

Street, local arterial, means a street specified in the master plan for streets and highways for the city which provides for the handling of large volumes of local traffic over extended distances.

Street, minor, means a street specified in the master plan for streets and highways for the city which provides for the handling of small volumes of local traffic and provides direct driveway access to individual lots and parcels.

Street, private, means a nonpublic street which serves at least two separately owned lots or parcels and which meets the city's street construction standards.

Street right-of-way line means the line which forms the outer limits of a street right-of-way or easement, and which forms the line from which all setbacks and front yards are measured, unless otherwise specified in this chapter.

Structural alterations means any change in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial changes in the roof and exterior walls.

Structure means any manmade surface feature or designed earth feature other than normal finished grading for drainage purposes including drives, parking areas, garden houses, pole barns, sheds, pergolas, decks, porches, play houses, game courts and berms, but excluding lot or parcel boundary fences, walls and screens. See Building.

Swimming pool means any outdoor permanent, nonportable structure or container, including Jacuzzis, hot tubs and any other pool meeting these specifications, located either above or below grade designed to hold water to depth of 18 inches or more, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

Tattoo parlor means any place where persons are tattooed, other than by a licensed medical practitioner, or any place where tattooing is conducted whether or not it is in exchange for compensation or any other form of consideration.

Tattoo, tattooed, or tattooing means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance, by the aid of needles or other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring.

Television satellite dish means an outdoor structure used for the purpose of receiving television signals and programs from space satellites.

Temporary building. See Building, temporary.

Temporary use. See Use, temporary.

Tent means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground, but shall not include those types of small tents used solely for children's recreational purposes.

Travel trailer means a portable nonmotorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for periodic overnight lodging. The term "travel trailer" also includes folding campers and truck-mounted campers, but does not include mobile homes.

Unnecessary hardship. See Zoning variance.

Use means the lawful purpose for which land or premises or a structure or building thereon is designed, arranged, intended, or for which is occupied, maintained, let or leased for a use or activity.

Use, accessory, means a use or activity normally and naturally incidental to, subordinate to, and related exclusively to the principal use of the land or buildings, including all structures detached from the principal structure above and below ground; such as garages, sheds, barns, television satellite dishes, and designed surface structures and areas such as drives, walks, court game areas, play apparatus areas, and other types of paved surfaces.

Use, commercial, means any use permitted in the commercial zones in this chapter.

Use, industrial, means any use permitted in the industrial zones in this chapter.

Use, institutional, means any of the public or private organizational uses permitted in this chapter.

Use, land, means the principal and accessory uses and activities being made of all land areas, buildings and structures located upon a lot or parcel.

Use, principal, means the one primary or dominant use or activity to which a lot or parcel is put.

Use, public, means any of the publicly-owned or leased uses of land, buildings or structures administered and operated by a public agency or official.

Use, residential, means any of the uses permitted in the residential zones in this chapter.

Use, temporary, means a use, activity, or building permitted to exist during the period of construction of the main building or use, or for special temporary or transient events.

Variance. See Zoning variance.

Variety store means a retail store that sells a wide variety of relatively small and inexpensive items.

Yard means the required open spaces on the same lot with the principal and accessory building and structures, which remain permanently unoccupied and unobstructed above and below the ground, except as otherwise provided in this chapter.

Yard, front, means the open space between the front street lot line or waterfront shoreline and the main building in which the principal use is located.

Yard, front required, means the required open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building in which the principal use is located.

Yard, front, street and waterfront, are both defined as front yards or setbacks from street right-of-way lines and shorelines of water bodies.

Yard, rear, means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building in which the principal use is located.

Yard, required, means the minimum yard or setback required by this chapter as specified in each zoning district.

Yard sale. See chapter 34, article II for provisions pertaining to garage sales.

Yard, side, means the open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building in which the principal use is located.

Zone. See Zoning district.

Zoning administrator means the same as building inspector, but is the commission appointed official designated to administer and enforce duties and responsibilities as specified in this chapter.

Zoning appeal means an entreaty or demand for a hearing and/or review of facts and/or actions conducted by the zoning board of appeals in accordance with the duties and responsibilities specified in this chapter.

Zoning board of appeals means the city's zoning board of appeals (ZBA).

Zoning district means a portion of an area of the city within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter and which is designated on the zoning district map.

Zoning exception. See Zoning interpretation and Zoning variance.

Zoning interpretation means a review which is necessary when the provisions of this chapter are not precise enough to all applications without interpretation, and such review of the provisions of this chapter is therefore required in accordance with the procedures and provisions of this chapter.

Zoning permit means a permit for commencing construction issued by the zoning administrator in accordance with a plan for construction that complies with all the provisions of this chapter and an approved site plan.

Zoning variance means a modification of literal provisions of this chapter granted when strict enforcement of this chapter would cause unnecessary hardship or practical difficulties due to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are unnecessary hardship, practical difficulties, unique circumstances, and exceptional and unusual elements are present which would preclude the same type of development permitted in the zoning district from being repeated, but, which with a variance, would permit compatible development similar to the character of development permitted in a zoning district. The term "zoning variance" shall not include granting variances for substantially larger buildings or additional uses other than those permitted in the respective zoning districts.

Practical difficulties means those dimensional zoning requirements which cannot be met by an existing lot or parcel because of its unique or unusual shape and size due to its narrowness, shallowness, irregular shape or natural or existing development characteristics and such lots or parcels are different in the sense of these characteristics from other more typical lots located in the same zoning district.

Unnecessary hardship means that a permitted principal or accessory use because of its specific limitations by normal definition is in need of modification through combining permitted principal or accessory uses when only one such use is permitted on a lot or parcel.

(Code 2009, § 48-8; Ord. No. 142, § 2.02, 2-6-1990; Ord. No. 142G, §§ 4, 8, 14, 10-15-1996; Ord. of 12-2-1997; Ord. No. 142K, § 1, 11-17-1998; Ord. No. 142U, 5-6-2003; Ord. No. 143L, 12-5-2016; Ord. No. 144C, 1-18-2022; Ord. No. 144E, § (1), 4-5-2022; Ord. No. 144F, § 1, 11-15-2022)