A

Abandonment. To cease or discontinue a use or activity without intent to resume (excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure).

Abutting/adjacent. Having a common border with, or being separated from such a common border by, a right-of-way, alley, or easement.

Accessory dwelling unit. See Dwelling, accessory dwelling unit.

Accessory use. A use of land or of a building or portion thereof conducted in conjunction with another principal use which is clearly incidental and commonly associated and related to the principal activity that takes place and (except in the case of accessory off-street parking spaces or loading) is located on the same lot with such principal use. Examples of accessory uses are carports, fences, garages, garden sheds, swimming pools, growing of crops, home occupation, keep of chickens, satellite dishes, solar energy system, wind energy system.

Addition. A physical enlargement or expansion in floor area or height of a building/structure.

Adult business. Establishments which are distinguished or characterized by entertainment, devices, or services which are sexually explicit in nature.

1)

Examples of adult businesses include but are not limited to adult supply stores, adult motion picture theaters, nude body painting/modeling studios, escort services, cabarets, etc.

2)

The following are not considered adult businesses:

a)

Establishments which routinely provide such services by a licensed: physician, chiropractor, osteopath, physical or massage therapist, practical nurse, or any other similarly licensed medical professional.

b)

Electrolysis treatment by a licensed operator of electrolysis equipment.

c)

Instruction in martial or performing arts or in organized athletic activities.

d)

Hospitals, nursing homes, medical clinics, or medical offices.

e)

Barbershops or beauty parlors, health spas and/or salons which offer massage to the scalp, face, neck, or shoulders only.

Affordable housing. Housing that qualifies with the department of housing and urban development affordable unit pricing standards.

Alley. A public or private right-of-way providing secondary means of access to abutting properties, and which is not designed for general travel.

Alteration. Any change in the supporting member of a building/structure, including but not limited to bearing walls, columns, posts, beams, girders, and similar components.

Animal, domestic. An animal that has traditionally, through long association with humans, lived in a state of dependence upon humans and has been kept as a tame pet, no longer possessing a disposition or inclination to escape, to bite without provocation or to cause death, maiming or illness of a human, nor used for commercial breeding purposes. Examples include, but are not limited to dogs, cats, birds, aquatic animals, rabbits, small rodents, and similar animals which do not present an unusual risk to persons or property.

Animal, wild or exotic. An animal not indigenous to the city that is incapable of being completely domesticated, requiring the exercise of art, force, or skill to keep it in subjection; this includes any animal which a person is prohibited from possessing by law. Examples include, but are not limited to alligators, big cats, venomous snakes and spiders, birds of prey, primates, deer, racoons, and opossums.

Apartment. A multi-story building with three or more residential units. Individual units may share common interior corridors and exterior entrances. Apartment buildings may be walk-up or elevator buildings, depending on the height.

Arcade. A place, premises, establishment, or room set aside in a retail or commercial establishment in which are located three or more coin-operated amusement devices. "Coin-operated amusement device" means a machine or device operated by means of the insertion of a coin, token, or similar object, for the purpose of amusement or skill, and for the playing of which a fee is charged. The term does not include vending machines which do not incorporate gaming or amusement features, coin-operated mechanical music devices or mechanical motion picture devices. The definition must not apply to coin-operated amusement devices owned or leased to establishments that are properly licensed for the sale of beer or intoxicating liquor for consumption on the premises.

Architectural features. Features include but are not limited to cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Artisan/maker space. A work, studio, and/or retail space for artisans, craftsmen, and small- scale manufacturers to work in an individual or communal setting, where the activities produce little to no vibration, noise, fumes, or other nuisances more typical in industrial or manufacturing uses. Artisan/maker spaces can offer a retail component that is open to the public.

B

Balcony. Balconies must extend at least 40 inches or more from the face of the building.

Bar. An establishment or part of an establishment devoted primarily to the selling, serving, or dispensing of alcoholic beverages for on-site consumption. The sale of prepared food or snacks may also be permitted. Bars are different from night clubs and fraternal lodges.

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

Bed and breakfast. See also short-term rental. A residential facility that is owner-occupied in which overnight accommodations are provided or offered for compensation, including the provision of bathing and lavatory facilities, and a breakfast meal, for periods of 30 days or less.

Berm. A mound of earth graded, shaped, and improved with landscaping as to be used for visual and/or audible screening purposes to provide a transition between uses of differing intensity or to raise a structure above the natural grade.

Bioswales. A depressed area designed to capture and infiltrate stormwater runoff and remove pollutants. Constructed wetlands and other bioretention facilities may be used. A vegetated, mulched or xeriscaped channel that provides treatment and retention as it moves stormwater from one place to another.

Blight. Unsightly or hazardous conditions, including, but not limited to the accumulation of debris, litter, junk, or rubble; structures characterized by holed, breaks, rot, crumbing, cracking, peeling, or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of typical maintenance, or damage; outdoor storage of inoperable motor vehicles, recreational vehicles, trailers, and watercraft; and any other similar conditions of disrepair and deterioration.

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

Body art/tattoo shop. A business properly licensed by the State of Michigan involving body tattoos, piercings, and similar activities.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, or property of any kind.

1)

Accessory building. A subordinate structure detached from but located on the same lot as the principal building, the use of which is customarily incidental to the principal building or use.

2)

Building area. The total area on a horizontal plane at the average grade level of the principal building and all accessory buildings, excluding uncovered porches, terraces, steps, swimming pools, and patios.

3)

Building blank wall. An exterior building wall with no openings and a single material and uniform texture on a single plane. Blank walls must be avoided in order to create more dynamic, walkable environments.

4)

Building envelope. The open space on a lot, exclusive of the required yards (setbacks) and rights-of-way, on which a building may be constructed.

5)

Building façade. The portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

6)

Building height. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof 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.

7)

Building site. The lot on which a building is under construction, and that portion of a condominium development consisting of the condominium unit, and limited common element, intended for the exclusive use of less than all the co-owners.

8)

Principal building. The building in which is conducted the principal use of the lot on which it is situated.

9)

Building permit. A permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this zoning ordinance and the building code.

Business incubator. An organization that (A) provides physical workspace and facilities resources to startups and established businesses; and (B) is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including (i) access to capital, business education, and counseling; (ii) networking opportunities; (iii) mentorship opportunities; and (iv) other services intended to aid in developing a business.

C

Carport. A partially open structure, intended to shelter at least one vehicle.

Cellar. The portion of a building partly below the average grade and 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, with a ceiling height of less than six and one-half feet.

Cemetery. Land used or intended to be used for burial of the human dead or customary household pets and dedicated for such purposes. Cemeteries include accessory columbaria and mausoleums but exclude crematories.

Certificate of compliance. A document signed by the zoning administrator as a condition precedent to the commencement of the legal use of a building that acknowledges that the structure complies with the building code in force in the city.

Change of use (occupancy). A use which is outside the group number classification of the previous use as set forth in the standard industrial classification manual.

Childcare. The provision of care and supervision for periods of less than 24 hours a day.

1)

Childcare center. A facility that allows an individual, agency, or corporation to provide care in a commercial space or building for one or more children under the age of 13. The children are in care less than 24 hours a day, parents or guardians are not immediately available, and the center operates for more than two consecutive weeks. The facility is generally described as a childcare center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before-school or after-school program, or drop-in center. The term "childcare center" does not include any of the following:

a)

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a 12-month period.

b)

A facility operated by a religious organization where children are in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.

c)

A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age child-focused training.

d)

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

2)

Childcare home, family. A private home where care or supervision is provided for one to six unrelated children (where the licensee permanently resides as a member of the household) for less than 24 hours a day unattended by a parent or legal guardian. All family day care homes must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.

3)

Childcare home, group. A private home where care or supervision is provided for seven to 12 unrelated children (where the licensee permanently resides as a member of the household) for less than 24 hours a day unattended by a parent or legal guardian. All family day care homes must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.

Clinic. An establishment where human or animal patients who are not lodged overnight are admitted for examinations and treatment by a group of physicians, dentists, veterinarians or similar professionals.

Combined sewer system. A system for conveying both sanitary sewage and stormwater runoff.

Community incubator kitchen. Use of a commercial kitchen by a party other than the tenants for production of food products to be marketed, sold, and consumed off-site.

Compatibility. "Compatibility" means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.

Composting. The controlled, intentional, and monitored decomposition of organic material.

Condominiums.

1)

Condominium development. A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act (PA 59 of 1978), as amended, in which some combination of buildings, units, and/or land will be sold to private owners; while some other combination of buildings, units, and/or land will be kept in common ownership among the owners.

2)

Condominium subdivision plan. Site, survey and utility plans, floor plans and sections, as appropriate, showing the existing and proposed structures and improvements, including the location thereof on the land, of a condominium subdivision and illustrates the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space, as well as the nature, location, and approximate size of common elements. A number is assigned to each condominium unit.

3)

Condominium unit. The portion of the condominium project designed and intended for separate fee-simple ownership and use, as described in the master deed.

4)

General common element. Portions of the condominium project other than the condominium units that are designated for use by all owners within the development.

5)

Limited common element. An area which is accessory to a site condominium unit and is reserved in the master deed for the exclusive use of the owner of that site unit. For the purposes of this zoning ordinance, a site condominium unit's limited common element, when combined with the condominium building site, is the equivalent of a lot.

Construction. The erection, alteration, repair, renovation, demolition, or removal of any structure and the excavation, filling, and grading in connection thereto.

Court. An open, unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.

1)

Inner court. A court enclosed on all sides by exterior walls of a building or building exterior walls and lot lines, on which walls are allowable.

2)

Outer court. A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.

Coverage. The percentage of lot area covered by the building area.

Curb cut. An opening from the public street to a private driveway or public drive serving an individual site or group of sites.

Curb level. The established grade of the curb in front of the midpoint of the lot.

D

Data processing center or computer center. An establishment primarily engaged in providing electronic data processing, information storage and technical computer assistance.

Deed restriction. A restriction of use or development that is set forth in an instrument recorded with the register of deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant.

Detention or retention pond. An artificially created pond or basin that holds collected storm water. A detention pond has an outlet that releases water at a controlled rate. Detention basins are designed to reduce how quickly runoff enters our natural waterways to protect downstream areas from flooding and erosion. Retention ponds are designed to hold water until it infiltrates the soil or evaporates without an outlet to a drainage way, except emergency overflows. Where this article specifies requirements or restrictions on detention ponds, these regulations shall also apply to retention ponds, and vice versa.

Donation collection bin. A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; provided, however, that the definition of donation collection bins shall not include trailers where personnel are present to accept donations.

Drive-thru facility. A facility designed to serve customers in their vehicle from a window in the building. Drive-thrus may serve any type of permitted business but are generally associated with food service and banking.

Dwelling. A building, or portion thereof, designed to provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

1)

Dwelling, accessory dwelling unit. A dwelling unit that is included in a detached accessory building that is incidental and accessory to a primary single-family dwelling on the same lot.

2)

Dwelling, courtyard. Multiple side-by-side or stacked dwelling units, courtyard housing is oriented around a courtyard or series of courtyards. Each unit often has its own individual entry, or up to three units may share a common stoop, stair or entry.

3)

Dwelling, duplex (side-by-side or stacked). A building designed for or occupied exclusively by two families living independently of each other. This does not include a single-family dwelling with an accessory dwelling unit.

4)

Dwelling, economy efficiency dwelling (EED). A dwelling unit that is between 400 and 700 square feet in size, built on an approved foundation, meeting the State of Michigan's building and sanitary codes, and qualifying for a certificate of compliance.

5)

Dwelling, fourplex. A building designed for or occupied exclusively by four families living independently of each other. This does not include a single-family dwelling with an accessory dwelling unit.

6)

Dwelling, multiple-family. A building, or portion there-of, used and designed as a residence for three or more families living independently of each other and having their own cooking facilities therein, including townhouses, apartment buildings, and lofts.

7)

Dwelling, single-family. A detached building designed for or occupied exclusively by one family.

8)

Dwelling, single-family, manufactured. A dwelling unit which is located and similar in appearance to traditional site-built dwelling units.

9)

Dwelling, townhome. Two or more multistory units with shared side walls on both sides. Townhomes typically have entries facing a street and a rear yard or small court with detached parking garage or parking area accessed from an alley.

10)

Dwelling, triplex (side-by-side or stacked). A building designed for or occupied exclusively by three families living independently of each other. This does not include a single-family dwelling with an accessory dwelling unit.

11)

Dwelling unit. The portion of a dwelling providing complete living quarters for one family.

12)

Dwelling unit, site built. A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. This includes dwelling units constructed of precut materials and panelized wall, roof, and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as the final location of the dwelling unit.

13)

Dwelling, upper-level residential. A dwelling unit that is located on any floor above ground floor level, within a mixed-use complex.

E

Easement. A permanent grant of one or more property rights by a property owner to, and/or for use by, the public, a corporation or another person or entity.

Elderly housing. See Senior living.

Electric vehicle (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered, in part, by one or more electric motors that may be charged by on-board electric energy sources such as batteries, solar panels and electric generators, and/or are plugged into, or charged via an off-vehicle electrical energy supply source.

Electric vehicle, plug-in (PEV). PEV refers to any motor vehicle with rechargeable battery packs that can be charged from the electric grid, and the electricity stored on board drives or contributes to drive the wheels for propulsion.

Electric vehicle supply equipment (EVSE). EVSE supplies electricity to an electric vehicle (EV). Commonly called charging stations or charging docks, they provide electric power to the vehicle and use that to recharge the vehicle's batteries. They are a system of components, software, and communications protocols that provide an electrical current output, meeting a minimum industry Level 2 requirement, with a minimum of 20 amps per plug, that is supplied to a vehicle for the purpose of recharging electric vehicle storage batteries.

EVSE classification. There are three different classes of readiness pertaining to the equipment installed on site to support electric vehicle charging stations, these include:

1)

EV-C (electric vehicle capable). Parking spaces having a capped cable/raceway connecting the parking space to an installed electric panel with a dedicated branch circuit(s) to easily install the infrastructure and equipment needed for a future electric vehicle charging station.

2)

EV-R (electric vehicle ready). EV-R are parking spaces that are ready for installation of an electric vehicle charging station except for the charging station itself. EV-R parking spaces shall have a junction box, terminated in an approved method, for a direct-buried cable or raceway to an electrical panel with a dedicated branch circuit(s) to power a charging station.

3)

EV-I (electric vehicle installed). Parking spaces with an operating electric vehicle charging station.

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

Event hall. A special purpose room, or a building, used for hosting social and business events. Events are not open to the public; they are pre-planned and by invitation only. Event halls may or may not provide food and beverage services. Examples include but are not limited to catering and/or banquet halls.

Experiential retail. A structure or part of a structure that offers retail experiences in the form of a class. Experiences may include art, pop-ups, live music, virtual reality, cafés and lounges, and large video display walls. Experiential retail uses are open to the public, yet also available via appointments.

Example: Painting with a twist.

F

Façade. The exterior wall(s) of a building exposed to public view. The façade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies and visible roof structures.

Face brick. Term used for brick that is not just for the structure, but also for look, energy efficiency and value. A face brick surface has a singular layer of bricks that have at least 50 mm or more in width. Anything less than 50 mm in width is considered brick veneer.

Facility. The entire building or any portion of the building, structure or area, including the site on which the building, structure or area is located, wherein specific services are provided, or activities are performed.

Family.

1)

An individual or group of two or more persons related by blood, marriage, or adoption, including foster children and domestic employees, together with not more than two additional persons not related by blood, marriage, or adoption, living together as a single 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 non-transient domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition must not include any society, club, fraternity, sorority, association, lodge, coterie, organization, 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 terms or other similar determinable period or to licensed and approved foster care facilities.

Fence. A wall composed of posts carrying boards, rails, pickets or wire, or iron structures consisting of vertical or horizontal bars or of open work.

1)

Fence, decorative. An open or semi-open fence, ornamental in nature, not intended to provide a permanent barrier to passage or for screening. Decorative fencing does not include chain link fencing.

2)

Fence, partition. A fence located along the line dividing two lots or parcels of land which are privately owned in the city by different owners, whether subject to an easement or not.

Floor area, total. The sum of the areas of all floors of all buildings on a lot. Basements, attic storage areas, balconies, porches and uncovered decks shall be excluded. All measurements shall be from the outside face of exterior walls.

Floor area, usable. The sum or the areas of all floors of a building used for service to the public. This excludes storage areas and non-public office space.

Financial institution. An institution in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange.

Food truck/cart. A vehicle equipped with facilities for cooking and selling food.

Foster care. The supervision, personal care, and protection of individuals (who require care on an ongoing basis, but who do not require continuous nursing care) in addition to room and board, for 24 hours a day for compensation, and includes the following uses as herein defined. All foster care facilities must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.

1)

Foster care, adult family home. A private residence with six or fewer adults; the adult foster care family home licensee must be a member of the household and an occupant of the residence.

2)

Foster care, adult large group home. A facility with at least 13, but not more than 20 adults, to be provided with foster care; the adult foster care small group home licensee is not required to be an occupant of the residence.

3)

Foster care, adult small group home. A facility with 12 or fewer adults to be provided with foster care; the adult foster care small group home licensee is not required to be an occupant of the residence.

4)

Foster care, family group home. A private home that provides foster care to seven or more children.

5)

Foster care, family home. A private home that provides foster care to six or fewer children.

Forecourt. A building typology where a portion of the façade is close to the frontage line and the central portion of the façade is setback, creating a garden or pedestrian area.

Fraternal lodge. A building or part of a building used for the purposes of a club, society or association organized and operated on a non-profit basis exclusively for social welfare, civic improvement, pleasure, or recreation or for any other similar purposes. Lodges are not open to the public; attendees must be members.

Frontage. All property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street or city boundary measured along the street line.

Funeral home or mortuary. An establishment where the dead are prepared for burial or cremation.

G

Garage, commercial. Any garage, other than a private, community or public garage, for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

Garage, community. An enclosed building having no public shop or service in connection therewith, for the storage of vehicles.

Garage, private. An accessory building not over one story or 15 feet in height and having not more than 750 square feet of usable floor area, to be used for the storage of noncommercial motor vehicles and not more than one commercially licensed vehicle of not greater than one ton capacity, and wherein no public shop or service is conducted and no retail, wholesale or other commercial storage is conducted.

Garage, public. Any garage, other than a private garage or community garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.

Gas station. The retail sale and dispensing of fuel, energy, or lubricants from fixed equipment directly into motor vehicles. Such use may have retail sales of items such as pop, groceries, and similar products. Vehicle wash facilities are permitted as an accessory use if already permitted in the zoning district.

General common elements.

1)

The land in the condominium project;

2)

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

3)

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

4)

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

5)

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

6)

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

7)

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

Grade, established. The elevation of the centerline of the streets as officially established by city authorities.

Grade, finished. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

Graffiti. Any inscription, word, figure, marking, or design that is marked, etched, scratched, drawn, or painted on any building, structure, fixture, or other improvement, whether permanent or temporary, including by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right-of-way.

Green infrastructure. Any combination of landscaping, facilities, or equipment based on low impact development standards that captures rain at or near the site where it falls through infiltration, evapotranspiration, or storage for beneficial use or delayed discharge. Green infrastructure includes, but is not limited to, amended soil areas, bioretention areas, biofiltration areas, rain gardens, green roofs, vegetated or biofiltration swales, landscaping with deeply-rooted plants in amended soil, rain barrels, stormwater trees, permeable pavements, planter boxes, and vegetated buffer strips, as well as the removal of structures or pavements to allow revegetation. Green infrastructure is designed to work in tandem with traditional (gray) infrastructure to create a resilient urban ecosystem that mitigates the impacts of urbanization on the natural environment.

Green roof. An engineered roofing system that includes vegetation planted into a growing medium above an underlying waterproof membrane material designed to reduce the volume or peak flow of stormwater runoff from a building roof.

Green wall. The use of a supporting structure or wall panel that enables plants to grow vertically along the façade of a building or structure to provide air and water quality functions as well as aesthetic enhancement.

Ground cover. A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

H

Health care facility. A facility or institution, whether public or private, principally engaged in providing services for animal or human health maintenance, diagnosis and treatment of disease, pain, injury, deformity or physical condition, that allows overnight stay, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, tuberculosis hospital or chronic disease hospital.

Health or fitness club. A facility whose principal use is the provision of exercise equipment, facilities or classes for use by members for compensation.

Home for the aged (congregate care facility). A supervised personal care facility, other than a hotel, adult foster-care facility, hospital, nursing home or county medical care facility, which provides room, board and supervised personal care to 21 or more unrelated nontransient individuals 60 years of age or older. The term "home for the aged (congregate care facility") includes a supervised personal care facility for 20 or fewer individuals 60 years of age or older if the facility is operated in conjunction with, and as a distinct part of, a licensed nursing home.

Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof and does not endanger the health, safety and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, excessive traffic, fire hazards and the like, involved in or resulting from such occupation, profession or hobby.

Homeless shelter. A supervised residential care facility offering temporary shelter, designed, occupied or intended for occupancy by transient persons and families, and which, in addition to providing food and shelter, may also provide any personal care or service, including, but not limited to, supervision and assistance in dressing, bathing and the maintenance of good personal hygiene, care in emergencies or temporary illness usually for periods of one week or less, supervision in the taking of medications and other services conducive to the residents' welfare.

Hospital. A facility where sick or injured in-patients are given medical or surgical care, at either public or private expense, but excluding a nursing home and excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are supervised or given care and treatment on a prolonged or permanent basis.

Hotel. A building containing rooms intended and designed to be used, or which are used, rented or hired out to be occupied, or which are occupied, for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or within an accessory building.

Household. All persons who occupy a house, an apartment, a group of rooms or a single room occupied as separate living quarters.

I

Impervious surface. Man-made material that covers the surface of land and substantially reduces the infiltration of storm water to a rate of five percent or less. Impervious surfaces include, but are not limited to, pavement, buildings and structures.

In-fill area. An undeveloped area of land located within an existing urban sewer service area surrounded by development and/or natural or human-made features where development cannot occur.

Infiltration. The process by which rain, precipitation or surface runoff enters or penetrates into or through the underlying soil.

J

Junk. Materials recovery.

Junkyard. 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.

K

Kennel. Any lot or premises on which four or more dogs, cats or other household pets of more than four months of age are either permanently or temporarily boarded, groomed, bred, trained or sold.

L

Land divide or division. The partitioning or splitting of a parcel of land for the purpose of sale or lease of more than one year, or for the building development that results in one or more parcels of less than 40 acres or the equivalent. It does not include a property transfer between two or more adjacent lots, if the property taken from one parcel is added to an adjacent parcel.

Landscape nursery or greenhouse. A place where plants are propagated and grown to a desired size. Mostly the plants concerned are for gardening, forestry or conservation biology, rather than agriculture. They include retail nurseries, which sell to the general public, wholesale nurseries, which sell only to businesses such as other nurseries and to commercial gardeners, and private nurseries, which supply the needs of institutions or private estates.

Landscaping. The treatment of the ground surface with live plant materials normally grown in Macomb County such as, but not limited to, grass, ground cover, trees, shrubs, vines and other live plant material. In addition, a landscape design may include other decorative natural or processed materials, such as wood chips, crushed stone, boulders or mulch. Structural features such as fountains, pools, statues and benches shall also be considered a part of landscaping if provided in combination with live plant material.

1)

Berm. A mound of earth landscaped with living plant materials which blends with the surrounding terrain.

2)

Buffer. A landscaped area composed of a greenbelt and a wall established and/or maintained to provide visual screening, noise reduction or transition.

3)

Caliper. The diameter of a tree trunk measured as follows:

a)

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

b)

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

4)

Deciduous tree. A tree that obtains a mature height and branch structure and provides foliage primarily on the upper half of the tree. The purpose of a deciduous tree is to provide shade to adjacent ground areas. Foliage sheds at the end of its growing season.

5)

Diameter at breast height (dbh). The circumference of a tree measured at four and one-half feet above grade.

6)

Evergreen tree. A tree that has persistent foliage that remains green throughout the year.

7)

Greenbelt. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this zoning ordinance.

8)

Ground cover. Low-growing plants or sod that in time form a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

9)

Hedge row. A two- to three-foot tall row of evergreen or deciduous shrubs that are planted close enough together to form a solid barrier.

10)

Opacity. The state of being at least 80 percent impervious to sight.

11)

Ornamental tree. A deciduous tree that is typically grown because of its shape, flowering characteristics or other attractive features and that grows to a mature height of 25 feet or less.

12)

Screen. An upright visual barrier such as a fence, wall or opaque landscaping.

13)

Shrub. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.

14)

Tree. A woody plant with an erect perennial trunk, which at maturity is 25 feet or more in height and which has a more or less definite crown of foliage.

Laundry facility or dry cleaners. Laundry facilities range from coin-operated self-serve laundromats where people wash their own clothes to large commercial facilities that clean sheets and towels for businesses like hospitals.

Live-work. A property that combines residential living space with commercial, office or manufacturing space.

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

Lot. Includes the words "plat" and "parcel" and means a portion or parcel of land considered or used as a single unit.

1)

Lot, corner. A parcel of land at the junction of and fronting on two or more intersecting streets.

2)

Lot, depth of. "Depth of lot" means the average horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.

3)

Lot, interior. "Interior lot" means a lot other than a corner lot.

4)

Lot lines. "Lot lines" means any line dividing one lot from another.

5)

Lot, through. "Through lot" means an interior lot having frontage on two parallel or approximately parallel streets.

6)

Lot width. "Lot width" means the length of a straight line parallel to the street line drawn between the points where the required front setback intersects the side lot lines.

7)

Lot, zoning. A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. "Zoning lot" also means a single tract of land, located within a single block in a one-family residential district, which, prior to, or at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a one-family dwelling unit, under single ownership or control, providing the ZBA determines it to be buildable as defined in the next sentence below. A zoning lot must satisfy this zoning ordinance with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located unless the ZBA, in the exercise of its power of interpretation, decides upon a modification of open space and other provisions for non-conforming lots of record. A zoning lot, therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record, or a portion of a lot of record.

Low impact development. A development approach that aims to minimize environmental impacts and sustainably manage natural resources while accommodating growth and development. This approach involves the application of environmentally conscious planning techniques, sustainable construction practices, and green technologies to reduce the ecological footprint of urban landscapes. LID strategies include conserving natural areas, optimizing land use, promoting energy and water efficiency, and utilizing sustainable materials.

Lumber or building materials yards. A place that sells lumber and other building materials.

M

Manufactured home. A detachable single-family dwelling prefabricated on its own chassis, intended for long-term occupancy and designed to be transported on its own wheels or flatbed to the site where it is to be occupied as a complete dwelling without a permanent foundation. The unit shall contain sleeping accommodations, a flush toilet, a wash basin, a tub or shower, kitchen and living quarters.

Manufacturing facility. A facility whose principal use is the physical, mechanical or chemical transformation of materials or substances into new products including assembling, making, preparing, inspecting, finishing, treating, altering or repairing, or the blending of materials such as oils, plastics or resins.

Marihuana. See Medical marihuana.

Master deed. The condominium document recording the condominium project as approved by the director of building and planning to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

Master plan. The comprehensive community plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and including any unit or part of such plan and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the planning commission and/or the legislative body.

Massage establishment. Any place or establishment where a message is made available. A massage is any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with hands or any instrument, or by the application of air, liquid or vapor baths of any kind whatever.

Materials recovery. Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements, or portion thereof, glass, plastic, cordage, building materials, rubber tires or other waste the original use of which has been abandoned.

Materials recovery facility. An open area where waste, used, or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled. The term "materials recovery facility" includes automobile wrecking yards and any area of more than 200 square feet for the storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed buildings.

Medical marihuana facility or facility. Facility that means one of the following:

1)

"Grower" or "grower facility" as that term is defined in the Medical Marihuana Facilities Licensing Act.

2)

"Safety compliance facility" as that term is defined in the Medical Marihuana Facilities Licensing Act.

3)

"Provisioning center" as that term is defined in the Medical Marihuana Facilities Licensing Act.

4)

"Processor" as that term is defined in the Medical Marihuana Facilities Licensing Act.

5)

"Secure transporter" as that term is defined in the Medical Marihuana Facilities Licensing Act.

Medical office. An office designed specifically for health care practices, meaning they have elements or design principles intended to improve patient outcomes and enhance the patient experience.

Microbrewery. See all distillery and winery. A brewery that produces less than 30,000 barrels of beer or ale per year, as allowed by state law (a barrel is equivalent to 31 US gallons). A microbrewery may also include retail sales, and/or a restaurant, bar, or tasting room.

Mobile food vending. The act of selling food from a vehicle that is not permanently affixed to the site of sale and can be readily transported to and from that site for the purpose of preparing and selling food.

Mobile food vending, affixed. The act of selling food from a vehicle that is permanently affixed to the site of sale for the purpose of preparing and selling food.

Mobile home. "Mobile home" means any portable structure exceeding 32 feet in length, at least eight feet in width, designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. Any such structure shall be considered to be a mobile home whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation.

Mobile home lot. A designated site within a mobile home park for the exclusive use of the occupants of a single mobile home.

Mobile home park. A tract of land under single ownership which has been developed with all necessary facilities and services in accordance with a site development plan meeting all the requirements of this zoning ordinance and which is intended for the express purpose of providing a satisfying living environment for mobile home residents on a long-term occupancy basis.

Mobile vending. Mobile vending is the act of selling items, usually food, from a vehicle that is not permanently affixed to the site of sale and can be readily transported to and from that site.

Motel. A group of attached, semi-detached or detached rooming units of which not more than ten percent contain cooking or eating facilities, each unit having an entrance leading directly from the outside of the building. Such units, with the exception of the unit occupied by the management staff, must be used and intended primarily for the overnight accommodation of transients.

Motor vehicle bump and paint shop. A building or a portion of a building, arranged, intended and designed to be used for automobile collision service and bumping and painting of automobiles with activities such as repair, replacement, rebuilding, reconditioning, painting and straightening of automobile bodies, fenders, bumpers, frames, glass and trim, but not including rustproofing, engine or motor repair or rebuilding, or general repair.

Motor vehicle repair shop. A building or portion of a building arranged, intended and designed to be used for making repairs to motor vehicles.

Mural. A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. If a business installs a mural, there can be no reference to the business name; a mural is not a sign.

N

Night club. A building or structure or part thereof whose primary function is the provision of theatrical performances, pre-recorded music, or live musical entertainment whether such pre-recorded or live music is provided for listening or dancing by the patrons, or any combination of the above functions. Night clubs have an open floor plan. Secondary uses may include the sale and consumption of food and/or alcoholic beverages on the premises.

Non-conforming building. A building or portion thereof lawfully existing on the effective date of this zoning ordinance, or amendments thereto, that does not conform to the provisions of the district in which it is located.

Non-conforming use. A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

Nuisance factor. "Nuisance factor" means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, the following:

1)

Noise;

2)

Dust;

3)

Smoke;

4)

Odor;

5)

Glare;

6)

Fumes;

7)

Flashes;

8)

Vibration;

9)

Shock waves;

10)

Heat;

11)

Electronic or atomic radiation;

12)

Objectionable effluent;

13)

Noise from the congregation of people, particularly at night;

14)

Passenger traffic; and

15)

Invasion of nonabutting street frontage by traffic.

O

Occupied. Any land or structure arranged, designed, built, altered, converted to, rented or leased, or intended to be inhabited or used.

Offensive. The work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays material in a manner which, taken as a whole, lacks literary, artistic, political or scientific value.

Office. A place, such as a building, room or suite, in which services, clerical work, professional duties or the like are carried out.

Open air business use. Includes any of the following businesses when said business is not conducted from a wholly enclosed building:

1)

Home equipment sale or rental services;

2)

Outdoor display and sale of garages, swimming pools and similar uses.

3)

Retail sale of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

4)

Tennis courts, archery courts, shuffleboard courts, horseshoe courts, miniature golf courses, golf driving ranges, children's amusement parks or similar recreational uses.

Open front store. A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair stations or automobile service stations.

Open space. An unoccupied space open to the sky on the same lot with the building.

Outdoor dining area. Any area where food and other refreshments are served or consumed within the public right-of-way, i.e., the sidewalks immediately in front of any food establishment, cafe, or place of business where food and/or other refreshments are served, or where permitted on private property.

Outdoor sales. The outdoor display of products by a permanent business establishment or temporary retail operations including but not limited to farmer's market, sidewalk sales, seasonal sales (e.g., Christmas trees, pumpkins), art, vehicles. Tents and canopies can be considered as part of outdoor sales, but see temporary use standard section for further regulation.

Outdoor storage. The keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

P

Packaging and distribution facility. A facility where goods are stored, but also where goods are packed and shipped directly to the consumers or to businesses in another location.

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

Parking lot. A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, designed and used for parking of any operable vehicle by the public. No storage of non-business-related vehicles is allowed. Business-related vehicle storage is permitted if the vehicles are operable or if the storage of the vehicle is for a period of 24 hours or less.

Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed including parking garages, deck parking and underground or under building parking areas. A parking structure can be the primary structure or accessory to another use. Parking is only for operable vehicles and no storage of vehicles is allowed. Parking is only for operable vehicles and no storage of vehicles is allowed.

Pawnbroker. A person, corporation or other entity that loans money on deposit or pledge of personal property or other valuable items, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable items on condition of selling the same back at a stipulated price.

Pawn shop. A facility where a pawnbroker conducts business.

Permeable paving. A surface paved with permeable pavers, porous concrete or porous asphalt that allows water infiltration into the soil. Common examples of pervious surfaces include permeable paving, porous concrete, pervious asphalt, reinforced grass pavers, gravel, and undisturbed natural landscapes.

Permeable surfacing. A material or materials and accompanying subsurface treatments designed and installed specifically to allow stormwater to penetrate in the material, thereby reducing the volume of stormwater runoff from the surfaced area. Permeable surfacing may include, without limitation, permeable interlocking pavers, concrete lattice pavers, porous blocks or pavers or similar structural support materials, and permeable concrete or asphalt.

Personal service establishment. Establishments providing services, as opposed to products, to the general public, including financial services, pharmacies, insurance, real estate, dry cleaning, tailors, salons, spas, wellness, and similar uses. Personal services shall not include auto-related uses.

Pervious. A surface covering the ground that allows the infiltration of water into the ground and provides stormwater treatment and storage without a surface outlet. Also referred to as "permeable" or "porous."

Pet grooming and boarding facility. A pet grooming and boarding facility is a business for the temporary boarding and care of common household pets, including dogs and cats. Pet boarding facilities may provide related services, including grooming or training, but no animals may be bred or sold at a pet boarding facility unless the pet boarding facility is accessory to a principal retail use. Pet boarding facilities may be accessory to a veterinary office or hospital or pet supplies store.

Planned unit development. A development process that is intended to create a cohesive development plan for tracts of land, integrating transportation systems with a variety of housing types and other uses, like park and open spaces and commercial or retail uses. A key goal of PUD regulations is to allow flexibility in deciding how to integrate these various uses (e.g., allow different lot sizes and setbacks than those normally required) in exchange for a higher quality development that fulfills the city's master plan goals.

Planter box. A structure with vertical walls and an open or closed bottom that is planted with a soil medium and vegetation intended to collect, absorb, and filter runoff from impervious surfaces. Planter boxes may also be known as stormwater planters, infiltration planters, and flow-through planters.

Plat. A map, plan or layout of a city, section or subdivision, or any part thereof, including the boundaries of individual properties.

Plot plan. A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other such information.

Pop-up. A use that activates a site with a temporary purpose. City administration reviews pop-up requests on a case-by-case basis and may or may not require an active business license to be associated with the application.

Porch. A covered projection on a building or structure containing a floor, which may be either totally enclosed or open, except for columns supporting the porch roof, and which 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.

Principal use. The primary use of a lot, parcel of land, building or structure.

Professional office. A structure or space which houses the business office of a person or persons who supply a professional service other than a financial service or personal service, as defined in this ordinance.

Public buildings. Buildings that are publicly owned and are available for public use, as distinguished from buildings that are publicly owned but are intended for private use, e.g., public housing.

Public utility. "Public utility" means any person, firm, corporation or municipal department or board, duly authorized to furnish and furnishing, under state or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation, water, sewerage or sewage disposal service.

R

Rain barrels. Structures for the collection of roof runoff in containers, typically ranging from 50 to 100 gallons, with subsequent release to landscaped areas.

Rain gardens. A landscaped area filled with deep rooted plants specifically designed to capture and infiltrate stormwater runoff.

Recycling facility. A facility that collects, sorts, compacts, crushes, bales or reloads materials for reprocessing, reuse or remanufacture. See also "reuse facility."

Recreation, indoor (public or private). A public or private facility providing indoor recreational activities, services, amusements, and instruction. Uses may include, but are not limited to bowling alleys, ice- or roller-skating rinks, and arcades.

Recreation, outdoor (public or private). A recreational facility conducted for public or private purposes and outside of a building. Including such uses such as athletic fields, miniature golf, outdoor skateboard park; swimming, bathing, wading, and other therapeutic facilities; children's tennis, handball, basketball courts, and batting cages.

Religious institution. An institution that people regularly attend to participate in or hold religious services, meetings or other activities. Also known as "place of worship" or "church". The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

1)

Religious institution, major. A religious institution that has the fire code occupancy level of greater than 100 people.

2)

Religious institution, minor. A religious institution that has the fire code occupancy level of 100 people or less.

Residential maintenance or management facility. An establishment providing routine maintenance of buildings. This term includes but is not limited to a window washing, building cleaning, pest extermination, or disinfecting service.

Restaurant. Any establishment whose principal business is the sale of food, frozen desserts, or beverages to the customer in a ready-to-consume state. Restaurants are open to the public. Restaurants are not banquet halls. For banquet halls, see event halls definition.

1)

Restaurant, full-service. A structure or portion of a structure which is maintained, operated, and advertised or held out to the public as a place where food, confections, frozen dessert and beverages are served and consumed at chairs and tables primarily within the structure.

2)

Restaurant, cafes/takeaways. Establishments whose patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' locations.

Retail sale establishment. An establishment engaged in the selling of goods and merchandise to the public for personal or household consumption and rendering services incidental to the sale of such goods.

Reuse facility. A facility whose principal use is the collection, sorting, repair, resale or redistribution, on site, of used clothing, furniture, household goods, building materials or tools. A reuse facility is unlike a recycling facility because it does not involve high nuisance factor activity.

Rules of construction. The following rules of construction apply to the text of this zoning ordinance:

1)

The particular controls the general.

2)

In the case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text controls.

3)

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

4)

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

5)

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

6)

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

a)

"And" indicates all the connected items, conditions, and provisions apply.

b)

"Or" indicates the connected items, conditions, and provisions apply.

c)

"Either... or" indicates the connected items, conditions, provisions, or events apply singly, but not in combination.

7)

Terms not herein defined have the common meaning assigned to them.

S

Satellite television dish. A device that is designed to receive and/or process microwave communication via satellite and which is also known as a satellite earth station.

School. An institution for educating people.

1)

School, elementary. A school for the first four to six grades, and usually including kindergarten.

2)

School, middle. A school intermediate between an elementary school and a high school, typically for children in the sixth, seventh, and eighth grades.

3)

School, high. A school that typically comprises grades nine through 12, attended after primary school or middle school.

4)

College or university. An institution other than a trade school that provides full-time or part-time education beyond high school.

5)

Trade and vocational school. A facility whose principal use is teaching automotive, construction (cabinet making, carpentry, electrical, HVAC, masonry, plumbing, etc.), manufacturing or welding skills, generally in a shop setting.

Screening wall. A structural barrier designed to provide privacy, reduce noise, or block unsightly views in residential, commercial, or industrial settings. These walls can be constructed from various materials, including wood, brick, concrete, metal, or vegetation (such as hedges or trees). Screening walls are strategically placed to enhance aesthetic appeal, improve security, or create a visual boundary between different land uses.

Secondhand or rummage shop. A store where second hand or used household and personal goods are bought and sold and may include the minor repair and preparation of such goods. Secondhand stores do not include the sale of used vehicles, recreation craft, farm equipment, construction equipment, or industrial equipment. Secondhand stores include antique furniture stores, thrift shops and pawnshops.

Self-storage facility. A building consisting of individual self-contained units that are leased or owned for the storage of personal property and/or household goods.

Senior living (assisted and independent). A facility, other than a hospital, having as its primary function the rendering of 24-hour care for daily living for extended periods of time to persons afflicted with illness, injury, or an infirmity, including accessory uses that provide services to the residents, staff, and visitors. Such support may include meals, security, and housekeeping, daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.

Setback. The minimum required horizontal distance between a building or structure and the front, side and rear lot lines. Setbacks are measured from the ROW to the building or the interior of the lot.

Short-term rental. A transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than 30 days.

Sketch plan. A drawing containing less information than a site plan of a development intended to ensure compliance with zoning provisions.

Sign. See article 10, signs.

Site area. The total area within the property lines of a project, excluding external streets.

Site condominium. A condominium development consisting of single-family detached residential dwelling units.

Site plan. 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, marshes, waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Smoke shop. A retail establishment with a primary purpose of selling tobacco or tobacco-less vape/vapor products with nicotine, which includes but is not limited to "electronic cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," or "electronic nicotine delivery systems" that allows the user to simulate cigarette smoking and ingest nicotine.

Smoking lounge. A business establishment that offers the smoking of tobacco, including but not limited to establishments commonly known as cigar lounges, hookah bars/cafes, tobacco clubs, or smoking parlors.

Solar energy system. Equipment that directly converts and then transfers, generates, or stores solar energy into usable forms of thermal or electrical energy.

Special land use. A conditional use permitted only after review and approval by the planning commission, such review being necessary because the provisions of this zoning ordinance covering conditions, precedent or subsequent, are not precise enough for all applications without interpretation, and such review is required by this zoning ordinance.

Stoop building. A building with a frontage where the first floor is elevated from the sidewalk to provide privacy for first floor windows. The entrance is usually from an exterior stair and landing. This frontage is suitable only for ground-floor residential use. A stoop building is commonly used as a typology for building townhomes.

Stormwater runoff. That portion of precipitation that does not soak into the soil and flows off the surface of the land and into the natural or artificial conveyance network.

Story. A building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between a floor and the ceiling next above it.

Story, one-half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, and the floor area of which does not exceed two-thirds of the area of the floor below.

Street. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property. Streets are further classified by the functions they perform as follows:

Street line. The dividing line between a street and a lot.

Structure. A combination of materials, other than a building, forming a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, wind turbines, sheds, storage bins, fences and display signs.

Structural alteration. Changes to the location of the exterior walls and/or the area of the building. This includes filling, grading or excavation that causes more than five cubic yards of disturbed earth material.

Studio (dance, art, photography). An artist or worker's workroom. This can be for the purpose of acting, architecture, painting, pottery (ceramics), sculpture, origami, woodworking, scrapbooking, photography, graphic design, filmmaking, animation, industrial design, radio or television production broadcasting or the making of music. The term is also used for the workroom of dancers, often specified to dance studio.

Sustainable. Practices or methods that meet the needs of the present generation without compromising the ability of future generations to meet their needs.

Swimming pool. A pool used for swimming purposes rather than wading purposes and which has a depth of 24 inches or greater.

T

Temporary use or building. A use or building permitted to exist during periods of construction of the main building or use, or for special events.

Testing or experimental or research facility. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Theatre or entertainment venue. A structure or facility for the presentation of the performing arts, including indoor motion picture theaters, theaters for live performances, and indoor and outdoor concert halls. Entertainment complex includes restaurants as an accessory use. Entertainment complex does not include adult motion picture theaters or establishments featuring burlesque.

Townhome. A series of attached single-unit dwellings that are separated from the adjacent dwelling unit by a structurally independent wall extending from the foundation through the roof. Townhomes have unobstructed front and rear walls to be used for access, light, and ventilation. A variation of the townhome is the stacked townhome, which vertically integrates two similarly sized single-unit dwellings in the same building footprint.

Transitional housing. Shelter provided to people in need (e.g. people/families experiencing homelessness, women, veterans, persons on release from more restrictive custodial confinement, and the like) for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

Transportation and logistics center. Any physical facility that moves or assists in the movement of people or goods which may include accessways, bicycle facilities, multi-use paths, pedestrian connections, or streets. This term does not include electricity, sewage, or water delivery systems.

U

Usable floor area, nonresidential. "Nonresidential usable floor area" means the area between the exterior face of exterior walls on the first story and any other story connected by a fixed stairway, escalator, ramp or elevator, which may be made fit for human habitation. Such measurement includes the floor area of all accessory buildings measured similarly, but excludes the floor area required for unenclosed porches, light shafts, public corridors and public toilets.

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

V

Variance. An exception to the provisions of this zoning ordinance granted by the board of zoning appeals.

1)

Variance, nonuse. A departure from the provisions of this zoning ordinance relating to setbacks, side yards, frontage requirements, lot size, parking, signage and other requirements of the applicable zoning district.

2)

Variance, use. A variance granted for a land use that is not permitted in the applicable zoning district.

Vegetated buffer strip. An area designed, constructed, and planted as an integral and intentional component of a stormwater management or landscape plan, in a manner specifically intended to collect and slow runoff and promote uptake by plants and soils.

Vehicle.

1)

Vehicle sales. The sales of the automobiles or other motor vehicles that are incidental to the primary use of an approved commercial garage.

2)

Vehicle sales, wholesale office. An administrative office use by a business with an approved Class W (wholesaler vehicle license) from the State of Michigan. Wholesalers engage in the business of buying and selling used vehicles from and to licensed used-vehicle dealers.

3)

Vehicle repair shops. Where one or all of the following services may be carried out: general repair, engine rebuilding, or rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting and rustproofing of motor vehicles.

4)

Vehicle wash facilities. Either a mechanical or self-service establishment that contains facilities for washing automobiles (include trucks, buses, or any other vehicle). This definition does not include temporary car washes for the purposes of raising funds for charitable, non-profit, sports organizations, etc.

Veterinary clinic. An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic or hospital may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services and offices.

W

Wall. "Wall" means an artificially constructed upright barrier of any material or combination of materials erected to enclose, divide, screen or protect areas of land.

Wall, obscuring. An artificially constructed upright barrier of any material or combination of materials approved by the zoning administrator erected to enclose, divide, screen or protect areas of land.

Warehousing facility. A facility in which goods or merchandise are stored prior to distribution.

Wholesale facility. A facility in which goods or merchandise are not sold at retail, not including membership-based warehouse facilities. This facility could contain a showroom to sell goods or merchandise.

Wind energy conversion system (WECS). A device used to convert wind energy into useful form, such as electricity, using wind turbines. WECS include a surface area, typically a blade or rotor; a shaft, gearing, belt or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator or other electricity-producing device; and a tower and other support structure.

Y

Yard, front. "Front yard" means an open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building, projected to the side lines of the lot. It is the minimum horizontal distance between the front lot line and the nearest line of the main building. Its depth shall be measured between the front line of the building and the street line.

Yard, rear. "Rear yard" means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot and measured between the rear line of the lot or the centerline of the alley, if there is an alley, and the rear line of the building. However, this provision shall not be construed to prohibit parking of an owner's or occupant's motor vehicle or the construction of necessary accessory buildings.

Yard, side. "Side yard" means an open, unoccupied space on the same lot with the main building, situated between the sideline of the building and the adjacent sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot. If no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. However, this subsection shall not be construed to prohibit the parking of an owner's or occupant's motor vehicle.

Z

Zoning administrator. The zoning administrator oversees the development plan review process and is the authority for reviewing administrative plot and sketch plans. The zoning administrator refers to either the director themselves or their designee, which can include but is not limited to the building official and the city planner.

Zoning district. A portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and within certain yards, open spaces, lot areas and other requirements are established by this ordinance.

(Ord. of 11-13-2023; Ord. No. 24-1238, 6-4-2024)