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Fennville City Zoning Code

ARTICLE 3

Definitions

§ 450-301 Rules applying to interpretation.

The following rules of construction shall apply to the interpretation of the text of this chapter:
A. 
Except with respect to the definitions which follow in § 450-302, the headings that title an article, section, or subsection of this chapter are used for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
B. 
Unless the context clearly indicates to the contrary:
(1) 
Words used in the present tense shall include the future tense;
(2) 
Words used in the singular number shall include the plural number; and
(3) 
Words used in the plural numbers shall include the singular number.
C. 
The word "person" includes a firm, association, partnership, joint venture, corporation, company, trust, municipal or public entity or equivalent entity or a combination of any of them as well as a natural person.
D. 
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
E. 
The word "used" or "occupied," as applied to any land, building or structure, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
F. 
The words "legal record" mean the circumstance where the legal description of a lot or parcel of land has been recorded as part of a document on record in the office of the Register of Deeds, Allegan County, Michigan.
G. 
The word "City" means the City of Fennville, Allegan County, Michigan.
H. 
The words "City Commission" mean the City Commission of the City of Fennville.
I. 
The words "Planning Commission" mean the Planning Commission of the City of Fennville.
J. 
The words "Board of Appeals" mean the Zoning Board of Appeals of the City of Fennville.
K. 
Any word or term that is not defined in this chapter shall be considered to be defined in accordance with its common or standard definition.

§ 450-302 Definitions.

[Amended 6-16-2025 by Ord. No. 2025-06]
A
ACCESSORY BUILDING
A structure, building, or portion of a main building or structure on the same lot or parcel of land as the main building or structure, the use of which is of a nature customarily and clearly incidental and subordinate to the use of the main building or structure. Where an accessory building is attached to a main building in a substantial manner by a roof, such accessory building shall be considered part of the main building, including a carport, covered porch, or other roofed structure.
ACCESSORY DWELLING UNIT (ADU)
A detached dwelling unit that is permitted only on properties with a single detached principal dwelling unit. ADUs are a lesser size than the principal dwelling unit and include a kitchen, a sleeping area, and full bathroom facilities.
ACCESSORY USE
A use of a nature customarily and clearly incidental and subordinate to the main or principal use of the land, lot, building, or structure.
ADULT FOSTER CARE FACILITY
As defined by state law (1979 PA 218) [MCL 400.703(4)], an establishment, including a home or facility, that provides foster care to adults. It includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include any of the following:
A. 
A nursing home licensed under Part 217 of the Public Health Code, 1978 PA 368, MCL 333.21701 to 333.21799e.
B. 
A home for the aged licensed under Part 213 of the Public Health Code, 1978 PA 368, MCL 333.21301 to 333.21335.
C. 
A hospital licensed under Part 215 of the Public Health Code, 1978 PA 368, MCL 333.21501 to 333.21571.
D. 
A hospital for the mentally ill or a facility for the developmentally disabled operated by the Department of Health and Human Services under the Mental Health Code, 1974 PA 258, MCL 330.1001 to 330.2106.
E. 
A county infirmary operated by a county department of health and human services under Section 55 of the Social Welfare Act, 1939 PA 280, MCL 400.55.
F. 
A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:
(1) 
Two, if the total number of residents is 10 or fewer.
(2) 
Three, if the total number of residents is not less than 11 and not more than 14.
(3) 
Four, if the total number of residents is not less than 15 and not more than 20.
(4) 
Five, if the total number of residents is 21 or more.
G. 
A foster family home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, that has a person who is 18 years of age or older placed in the foster family home under Section 5(7) of 1973 PA 116, MCL 722.115.
H. 
An establishment commonly described as an alcohol or a substance use disorder rehabilitation center, except if licensed as both a substance use disorder program and an adult foster care facility and approved as a co-occurring enhanced crisis residential program, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or rooming house that does not provide or offer to provide foster care.
I. 
A facility created by 1885 PA 152, MCL 36.1 to 36.12.[1]
J. 
An area excluded from the definition of adult foster care facility under Section 17(3) of the Continuing Care Community Disclosure Act, 2014 PA 448, MCL 554.917.
K. 
A private residence with the capacity to receive at least one but not more than four adults who all receive benefits from a community mental health services program if the local community mental health services program monitors the services being delivered in the residential setting.
ADULT NATURE (USE)
A retail, event, indoor recreation, or personal service business where 25% of the floor area is dedicated to, 25% or more of the inventory is composed of, or 25% of the gross revenues derive from items or activities predominantly characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or sexual activities. (See definitions of "specified anatomical areas" and "specified sexual activities.")
ALLEY
A publicly or privately controlled right-of-way not more than 30 feet wide affording only secondary means of vehicular access to abutting lots and lands and which is not intended for general traffic circulation.
ALTERATIONS
Any change, addition, or modification in the construction of any building or structure, including but not limited to any change in the supporting members, bearing walls, columns, posts, beams, girders or roof structure, any architectural change of the interior or exterior of a building or structure that may affect its structural integrity, or any addition to or diminution of a structure or building.
ANIMAL
Animal shall mean dog, cat, bird, reptile, mammal, fish, or any other non-human creature.
AUTOMOBILE (GASOLINE) FILLING STATION
A gasoline filling station is a space, structure, building or part of a building, used for the retail sale, service or supply of motor vehicle fuels, lubricants, air, water, batteries, tires, other accessories, motor vehicle washing or lubricating; or customary facilities for the installation of such commodities in or on such motor vehicles, including special facilities for minor repair or similar servicing thereof.
AUTOMOBILE OR TRAILER SALES AREA
An area used for the display, sale or rental of new and used motor vehicles, boats, trailers or recreation vehicles (including manufactured homes) in operable condition and where no repair work is done.
AUTOMOBILE REPAIR
Any activity involving the repair, rebuilding or reconditioning of motor vehicles, engines or trailers, collision services, such as body, frame or fender straightening and repair, overall painting and vehicle rust proofing. Either gasoline or any other fuel or lubricating oil or grease for operating motor vehicles may be offered for sale to the public and applied directly into motor vehicles, and the sale of accessories, greasing, oiling, or minor automotive repair may occur on the premises.
B
BASEMENT
That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.
BED-AND-BREAKFAST FACILITY
A bed-and-breakfast facility is a private residence, other than a hotel, where lodgings and light breakfasts for persons, other than family, are regularly served for compensation, and is licensed by the State of Michigan as a bed-and-breakfast inn.
BEDROOM
The term bedroom means a room or area within a dwelling unit designed and intended to provide sleeping accommodations for one or more human beings.
BILLBOARD
A large sign erected, maintained, and used for the purpose of displaying messages that can be seen from a long distance or read from a vehicle traveling at high speeds. A billboard sign differs from a freestanding sign based on its size. A billboard sign is 200 square feet or greater in size.
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 or railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and other barrier to the continuity of development, or incorporated boundary lines of the City of Fennville.
BUILDING
A building is a structure, framed or constructed and designed to stand more or less permanently and covering a space of land, for use as a dwelling, store, storehouse, factory, sign, shelter or for some other useful purpose. "Building" in this sense includes a trailer, tent, or vehicle used as a dwelling.
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BUILDING HEIGHT
Building height is the vertical distance from the average elevation of the adjoining natural grade paralleling the front, or if on a street corner, the front and side of the building, to the highest point of the roof surface if the roof is flat; to the deck line if the roof is the mansard type; or the average height between the eaves and the ridge if the roof is gable, hip, gambrel, or A-frame type.
BUILDING INSPECTOR
The officer charged with the administration and enforcement of the Building Code, or the Building Inspector's duly authorized representative.
BUILDING LINE
A line parallel to the front lot line which marks the location of the building.
BUILDING PERMIT
A permit signifying compliance with the provisions of this chapter as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the City of Fennville.
BUILDING SITE
The buildable area, including the building envelope and contiguous limited common elements under and surrounding the building envelope.
BUILDING, EXISTING
An "existing" building is any building actually constructed or the construction of which is started previous to the effective date of this chapter. Any building damaged by fire, collapse, or decay to the extent of its full-assessed value as of record at the time of damage shall not be considered an existing building.
BUNGALOW COURTS
Bungalow courts are clusters of detached single-family dwelling units gathered around a communal green space.
C
CAR WASH ESTABLISHMENT
A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
CLINIC, MEDICAL
A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by one or more professionals, such as a physician, dentist or the like.
CLINIC, VETERINARY
A building or group of buildings where animals are admitted, treated and may be kept overnight for examination and treatment by one or more professionals or paraprofessionals.
COMMERCIAL USE
A commercial use relates to the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services or the maintenance of offices or recreational or amusement enterprises. Garage, rummage, basement, porch, lawn sales, and similar sales conducted on residential premises are hereby deemed a commercial use, if such sales are conducted on more than two occasions during any consecutive twelve-month period or if either of said two sales lasts for more than six days.
COMMERCIAL VEHICLE
Any self-propelled or towed vehicle designed to be used on a public street with a gross vehicle weight of more than 10,000 pounds.
COMMON ELEMENT
A portion of a condominium project other than the condominium units.
CONDOMINIUM UNIT
That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, or any other type of use.
CONSTRUCTION
The building, erection, alteration, repair, renovation (or demolition or removal) of any building, structure or structural foundation; or the physical excavation, filling, and grading of any lot other than normal maintenance shall constitute construction.
CONTRACTOR'S STORAGE YARD
Storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.
CONVALESCENT OR NURSING HOME
A convalescent home or nursing home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders wherein seven or more persons are cared for. Said home shall conform and qualify for license under state law.
D
DAY CARE FACILITY
A. 
CHILD CARE CENTER
A facility, other than a private residence, receiving one or more preschool or school-aged children for care for a period of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. "Child care center" or "day care center" includes a facility, which provides care for not less than two consecutive weeks regardless of the number of hours of care per day. The facility includes child care center, day care center, day nursery, nursery school, parent cooperative preschool, playgroup, or drop-in center.
B. 
FAMILY DAY CARE HOME
A private home in which one to six minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. "Family day care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
C. 
GROUP DAY CARE HOME
A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. "Group day care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DIRECTIONAL SIGN
Any sign erected adjacent to a street which identifies, points toward and gives the distance to any public or semi-public building, off-street parking area, recreation space, club, lodge, church, institution, business, service, entertainment, activity, or event, or any sign erected on a building identifying an entrance or exit to the building.
DWELLING
A house or building, or portion thereof, which is occupied wholly as a home, residence, or sleeping place by one or more human beings, either permanently or transiently, but in no case shall a trailer coach, automobile chassis, or tent be considered as a dwelling, also referred to as a unit or dwelling unit.
A. 
DWELLING, MULTIPLE
A multiple dwelling is a building used for and as a residence for five or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels.
B. 
DWELLING, SINGLE-FAMILY
A detached building occupied by one family and so designed and arranged as to provide living, cooking, and kitchen accommodations for one family only.
C. 
DWELLING, TWO-FAMILY
A two-family dwelling is that which may be occupied by two families, each provided with separate living, cooking, and kitchen accommodations for each family. Also known as a duplex.
D. 
DWELLING, THREE-FAMILY
A three-family dwelling is that which may be occupied by three families, each provided with separate living, cooking, and kitchen accommodations for each family. Also known as a triplex.
E. 
DWELLING, FOUR-FAMILY
A four-family dwelling is that which may be occupied by four families, each provided with separate living, cooking, and kitchen accommodations for each family. Also known as a fourplex.
DWELLING UNIT
A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one family, either permanently or transiently. In no case shall a travel trailer, motor home, automobile chassis, tent or other portable building be considered a dwelling in single-family, two-family or multiple-family residential areas. 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 dwellings.
DWELLING UNIT CONVERSION
A dwelling unit conversion is defined as the process in which the owner of a single-family dwelling may apply for conversion of said dwelling into a greater number of dwelling units than existed in the dwelling prior to conversion. Consideration of the application shall be in accordance with the procedures set forth herein.
E
ERECTED
Erected includes built, constructed, reconstructed, moved upon; and erecting includes any physical operations required for the building on the premises where the building is being constructed, reconstructed or moved. Excavating, filling, draining, and the like, shall be considered a part of erecting.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, fuel, or water transmission or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and similar equipment and accessories in connection therewith, which are reasonably necessary for the furnishing of adequate services by such utilities or municipal departments for the general health, safety, or welfare of its citizens. This definition shall not include buildings, sanitary landfills, land application of sewage sludge, recycling centers, refuse transfer stations or similar transfer stations. This definition shall also not include antennas which are exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications which radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunication signals or other communication signals. This definition shall further not include towers which are designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes; radio and television transmission towers; microwave towers; common-carrier towers; or cellular telephone towers.
EXCAVATION
Any breaking of ground, except common household gardening and ground care.
F
FAMILY
A collective number of individuals domiciled together in one dwelling whose relationship is of a permanent and distinct domestic character, with a demonstrable and recognizable bond characteristic of a cohesive unit, and who are in fact cooking and living as a single nonprofit housekeeping unit.
FARM
The land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. (Michigan PA 93 of 1981, Am. 1995[2])
FENCE
A. 
FENCE, GENERAL
A permanent partition, structure or gate erected as a dividing marker, barrier or enclosure, including but not limited to a structure erected for the purpose of restricting access to or from a lot or parcel of land, whether enclosing all or part of said lot or parcel, and which is not part of a principal building on a lot or parcel or part of an accessory structure on the lot or parcel.
B. 
PRIVACY FENCE
A fence constructed or opaque or semi-opaque material, or otherwise having such qualities as to constitute a visual barrier in order to provide privacy to a structure or property, oftentimes erected adjacent to, nearby or around such residential item as but not limited to a patio, deck, courtyard area, swimming pool or outdoor hot tub, which fence is designed to screen but not necessarily enclose the area behind it or within its confines.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOR
That portion of a building, other than a basement or mezzanine as defined in this chapter, included between the upper surface of any floor and the upper surface of the floor or roof next above it.
FLOOR AREA
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A. 
SINGLE-FAMILY RESIDENTIAL
For the purpose of computing the minimum allowable floor area in a residential dwelling unit other than a multiple-family residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
B. 
TWO-FAMILY, THREE-FAMILY, AND FOUR-FAMILY RESIDENTIAL
For the purpose of computing the minimum allowable floor area in a multiple-family residential dwelling unit, the floor area shall be the net floor area exclusive of hallways. Net floor area is the sum of the area of the several rooms measured from the interior faces of the walls of each room. The floor area measurement shall be exclusive of any common hallways, utility and storage areas, basements, garages, patios, porches, and balconies.
C. 
USABLE (for the purpose of computing parking)
That area used for or intended to be used for the sale of merchandise or services, or used to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation of "usable floor area." Measurement of usable floor area shall be the sum of the horizontal areas of several floors of the building, measured from the interior faces of the exterior walls.
FRONTAGE
The total length along which a parcel of land fronts on a street, measured along the line where the property abuts the street right-of-way.
G
GARAGE
Any building or premises, other than a gasoline filling station, used principally or incidentally for the housing or storage of automobiles or motor-driven vehicles.
GRADE
The ground elevation established for the purpose of regulating the number of stories or height of a 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 highest point adjacent to the building and the lowest point within six feet of the building.
GRADE, NATURAL
The elevation(s) of the ground surface in its natural state; before man-made alterations.
H
HAZARDOUS MATERIALS
Any materials that have been declared to be hazardous by any agency of the State of Michigan or of the United States, including but not limited to toxic materials and metal hydroxides.
HOME OCCUPATION
An activity carried out for compensation by a resident and conducted as a secondary, incidental and accessory use of the resident's principal dwelling premises.
A. 
CLASS I HOME OCCUPATION
A home occupation that complies with the restrictions and regulations under § 450-511A.
B. 
CLASS II HOME OCCUPATION
A home occupation which does not meet the restrictions and regulations for a Class I home occupation and which is permitted with special use approval under the restrictions and regulations in § 450-511B.
HOTEL
A facility offering transient lodging accommodations at a daily or weekly rate to the general public with services such as restaurants, meeting rooms, and recreational facilities.
I
IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
INSTITUTIONAL USES
Churches, schools, hospitals, and other similar public or semi-public uses. This excludes nursing homes, convalescent homes, and adult foster care facilities.
J
JUNKYARD
Any land area including buildings thereon used primarily for the outdoor collecting, storage and abandonment of waste, paper, rags, scrap metal or discarded materials which are for sale; or which is used for the outdoor collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition for the sale of parts thereof.
K
RESERVED
L
LAND USE PLAN, OFFICIAL
The plan so designated by the Planning Commission.
LEGAL DESCRIPTION
A unique parcel identifier, a number that identifies the legal records, such as surveys and assigned plan numbers, that describe the specific parcel land.
LIMITED COMMON ELEMENTS
A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
LOT
A tract of land occupied, or intended to be occupied, or utilized by principal and accessory buildings, yards and/or open space.
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A. 
LOT AREA
Area of a lot bounded by lot lines.
B. 
LOT, CORNER
A lot fronting intersecting streets.
C. 
LOT COVERAGE
The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and or lathe roofs, or fully roofed but shall not be deemed to include fences, walls or hedges used as fences, or swimming pools.
D. 
LOT FRONTAGE
The length of the front lot line.
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E. 
LOT LINE
A boundary line of a lot.
(1) 
LOT LINE, FRONT
In the case of an interior lot, that line separating said lot from the street, private road, or other access easement. In the case of a through lot, that line separating said lot from either street, private road, or other access easement. In the case of a corner lot, that line separating from the street, private road, or other access easement. Corner lots have two front lot lines.
(2) 
LOT LINE, SIDE
Any lot line not a front or rear lot line.
(3) 
LOT LINE, REAR
That lot line opposite the front lot line. In the case of a through lot or a lot having frontage on more than one street, the line, which is opposite, the street address.
F. 
LOT OF RECORD
A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
G. 
LOT, THROUGH
A property fronting on two streets, but not at the intersection of streets.
H. 
LOT WIDTH
The distance between side lot lines measured at the required front setback, on a line parallel to the street, and measured at right angles to the side lot lines.
M
MANUFACTURED HOME
A structure transportable in one or more sections which is built on a chassis and designed to be used with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Manufactured home does not include a recreational vehicle (Act 96, Michigan PA of 1987[3]). All manufactured homes must conform to the U.S. Department of Housing and Urban Development's Code for manufactured homes.
MANUFACTURED HOUSING COMMUNITY
A parcel or tract of land, under the control of a person upon which three or more manufactured homes are located on a continual nonrecreational basis, and which is offered to the public for that purpose regardless of whether a charge is made for the parcel or tract of land, together with any building, structure, enclosure, street, equipment or facility used or intended for use incidental to the occupancy of a manufactured home, and which is not intended for use as recreation vehicle trailer park (Act 96, Michigan PA of 1987).
MEZZANINE
An intermediate floor in any story which does not exceed 1/3 of the floor area of such story.
MINI-WAREHOUSES (SELF-STORAGE FACILITIES)
Mini-warehouse buildings are groups of buildings in a controlled access and fenced compound that contain varying sizes of individual compartmentalized and controlled access stalls or lockers for a dead storage of customer goods or wares.
MODULAR
A structure which meets the requirements of the State Building and Construction Code, which is transported in one or more sections on a removable chassis and is designed to be used on a permanent foundation when connected to the required utilities, such as plumbing, heating, and electrical systems.
MOTEL, or MOTOR HOTEL
A building or a series of attached, semi-detached, or detached rental units providing long-term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided without the approval of the City Commission with the exception of units for use of the manager and/or caretaker.
N
NONCONFORMING LOT OF RECORD
A lot lawfully existing at the effective date of this chapter or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.
NONCONFORMING STRUCTURE
A structure, or portion thereof, lawfully existing at the effective date of this chapter or affecting amendment, and which fails to meet the minimum yard setback, height and/or area requirements of the zoning district in which it is located.
NONCONFORMING USE
A use lawfully existing in a building or on land at the effective date of this chapter or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.
NUISANCE
The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, seweraged, drained, cleaned, or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this chapter, nuisances; and all such nuisances are hereby declared illegal.
O
OFF-STREET PARKING LOT
A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
P
PARCEL
A tract or continuous area or acreage of land which is occupied or intended to be occupied by a building, series of buildings, accessory building(s), condominium units, or by any other use or activity permitted thereon and including open spaces and setbacks required under this chapter, and having its frontage on a public or private street.
PARKING SPACE
An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.
PUBLIC UTILITY
A public utility is any person, firm, corporation, municipal department, or board duly authorized to furnish or furnishing under regulation, to the public, electricity, gas, steam, communication, transportation, sewage, drainage, or water.
Q
RESERVED
R
RECREATION VEHICLES
A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle. (Act 96, Michigan PA of 1987[4])
REPAIRS
Repairs are the rebuilding or renewal of an existing building for the purpose of maintaining its original type and classification.
RESEARCH AND DEVELOPMENT FACILITY
A research and development facility is any facility that is involved in the inquiry, examination, investigation or experimentation aimed at the discovery and/or interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories.
RESTAURANT, BAR
Also known as a lounge or tavern, a restaurant, bar is a structure or part of a structure designed, maintained, and operated primarily for the dispensing of alcoholic beverages. The selling of food and snacks may also be permitted. If the bar/lounge/tavern is part of a larger dining facility, it shall be defined as that part of the structure so designated and/or operated.
RESTAURANT, DRIVE-IN
A drive-in restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:
A. 
Foods, frozen desserts, or beverages are served directly to the customer in motor vehicles either by a carhop or by other means which eliminates the need for the customer to exit the motor vehicle.
B. 
The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged or permitted.
RESTAURANT, EXCEPT DRIVE-IN
A restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages (alcoholic and non-alcoholic) to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
A. 
Customers, normally provided with an individual menu, are served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.
B. 
A cafeteria-type operation where foods, frozen desserts, or beverages (alcoholic or non-alcoholic) generally are consumed within the restaurant building.
ROAD OR STREET, PRIVATE
A private right-of-way reserved for the use of the occupants of the abutting structures.
ROAD OR STREET, PUBLIC
A public right-of-way which has been dedicated for the purpose of providing access to abutting private lots of land including the space for pavement and sidewalks.
S
SATELLITE DISH ANTENNA
A parabolic or spherical type of antenna which is used for communications with a satellite-based system located in planetary orbit.
SATELLITE DISH ANTENNA, LARGE
A large satellite dish antenna is defined as any satellite dish antenna which is not a small satellite dish antenna.
SATELLITE DISH ANTENNA, SMALL
Small satellite dish antennas are not subject to regulation by the City. A small satellite dish antenna is defined as:
A. 
A satellite dish antenna that is one meter or less in diameter and is located in any area of the City; or
B. 
A satellite dish antenna that is two meters or less in diameter and is located or proposed to be located in any area included in any commercial or mixed-use zoning districts.
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SETBACK
The minimum horizontal distance a foundation, wall or any portion of a building or structure is required to be located from the street right-of-way line or boundaries of a lot, parcel, or building site upon which the same is situated.
A. 
The minimum front yard setback in the R-1, R-2 and B-1 Zoning Districts shall be consistent with the front yard setbacks of properties within 200 feet of the subject property or 15 feet, whichever is less.
SHED
A shed is a lightly constructed one- or two-story building for temporary use during the erection of a permanent building; or a light one-story structure attached to or auxiliary to another building and intended for storage only.
SHOPPING CENTER
A retail commercial establishment or a group of retail establishments which is planned, developed, owned and managed as a unit, with off-street parking provided on the property and related in its location, size and type of shops to the trade area.
SHORT-TERM RENTAL
The rental of any part of any residential home or accessory dwelling unit for a period of 28 days or less for a fee.
SIGN
A device, structure, fixture, or placard using graphics, symbols and/or written copy, designed specifically for the purpose of identifying an establishment, product, service or activity.
A. 
DIRECTIONAL SIGN
Any sign erected adjacent to a street which identifies, points toward and gives the distance to any public or semi-public building, off-street parking area, recreation space, club, lodge, church, institution, business, service, entertainment, activity, or event, or any sign erected on a building identifying an entrance or exit to the building.
B. 
TEMPORARY SIGN
A sign which, when erected, is anticipated to remain in place and to contain current information of value to the reader for a period less than 30 calendar days.
C. 
ELECTRONIC DISPLAY
A secondary element of a ground, pole, projecting or wall sign that consists of an array of lights, which allows for messages and displays to be changed electronically.
D. 
GROUND SIGN
A freestanding sign which is placed directly on the ground surface, without use of uprights, poles, or other means to elevate the sign face above the surrounding grade.
E. 
ILLUMINATION
A secondary element of a wall, projecting, pole, or ground sign that use, including but not limited to, neon, argon, or similar gas or phosphorus to fill tubing made of glass or similar materials, LED, bulbs which is charged with electricity and used to create illuminated elements of a sign, including lettering, symbols, images, shapes or accents.
F. 
POLE SIGN
A sign structurally separate and not attached to any building, which is attached directly to the ground surface in a permanent manner, or supported by one or more uprights, poles or braces attached to the ground surface in a permanent manner.
G. 
PROJECTING SIGN
A sign attached to the wall of a building, with the face of the sign which bears a message in a plane approximately perpendicular to the plane of the wall. Projecting sign includes suspended signs.
H. 
WALL SIGN
A sign attached to the wall of a building with the face of the sign which bears a message in a plane approximately parallel to the plane of such wall and not projecting from the wall more than six inches. A sign attached to or displayed upon an awning, marquee or canopy is also considered to be a wall sign, except that a corporate logo or name not exceeding six square feet in area attached to or displayed upon such awning, marquee or canopy shall not be considered a sign.
SITE CONDOMINIUM PROJECT
A plan or project consisting of not less than two condominium units established in conformance with the Michigan Condominium Act, PA 59 of 1978, as amended.[5]
SPECIFIED ANATOMICAL AREAS
Specified anatomical areas include less than completely and opaquely covered human genitals, pubic regions, buttocks and breasts below a point immediately above the top of the areola, or human genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Specified sexual activities include acts of human masturbation or sexual intercourse, fondling or other erotic touching, or human genitals in a state of sexual stimulation or arousal.
STRUCTURAL CHANGES OR ALTERATIONS
Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.
STRUCTURE
See "building", and in addition any man-made surface feature or designed earth feature (other than normal finished grading for drainage purposes), including carports, garden houses, pole barns, sheds, pergolas, decks, porches, playhouses, game courts, gas or liquid storage facility as well as a manufactured home.
SWIMMING POOL
Any structure or container, either above or below grade, located either in part or wholly outside a permanently enclosed and roofed building, designed to hold water to a depth of greater than 12 inches when filled to capacity, intended for immersion of the human body, whether for swimming or wading or both, with the exception of small, portable pools that do not exceed 24 inches in height.
T
TEMPORARY BUILDING OR USE
A structure or use permitted by the Building Inspector to exist during periods of construction of the main use or for special events.
TOWNHOUSES
A row of three or more attached single-family dwellings, not more than 2.5 stories in height and for which there is an entrance to each dwelling. Townhouse shall not be used as a synonym for the term "condominium" which refers to how property or space is owned rather than for a particular housing style.
TRAILER
Every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Does not include any implement of husbandry. (MCL 257.73 of 1949, Amended 2012)
TRAILER, SEMI-
Every vehicle with or without motive power, other than a pole-trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Does not include any implement of husbandry. (MCL 257.59 of 1949, Amended 2012)
TRUCK TERMINALS and FREIGHT YARDS
A facility for freight pick-up and/or distribution; may include intermodal distribution facilities for truck, rail, and shipping transport.
U
USE
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
RESERVED
W
RESERVED
X
RESERVED
Y
YARD
A yard is an open space, unoccupied and unobstructed from the ground upwards, except as otherwise provided herein, and on the same lot with a building. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.
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A. 
YARD, REQUIRED
That portion of any lot on which the erection of a main building is prohibited.
B. 
YARD, FRONT
The open space between the nearest wall or any element of a principal building and the front lot line, less any area designated as a public right-of-way.
C. 
YARD, REAR
The open space between the nearest wall or any element of a principal building and the rear lot line.
D. 
YARD, SIDE
The open space between the nearest wall or any element of a principal building and a side lot line.
E. 
YARD, CORNER LOTS
On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard.
Z
RESERVED
[1]
Editor's Note: 1885 PA 152, MCL 36.1 to 36.12, was repealed by 2020 PA 351.
[2]
Editor's Note: See MCL 286.471 et seq.
[3]
Editor's Note: See MCL 125.2301 et seq.
[4]
Editor's Note: See MCL 125.2301 et seq.
[5]
Editor's Note: See MCL 559.101 et seq.