This ordinance shall be known and may be cited as the City of Flat Rock Zoning Ordinance, within the following text it may be referred to as the "Ordinance".

(Ord. No. 128-B, § I, 9-20-10)

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

1.

The particular shall control the general.

2.

Words used in the present tense shall include the future.

3.

Words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

4.

The word "shall" is always mandatory and not discretionary. The work "may" is permissive.

5.

The masculine gender includes the feminine and neuter.

6.

All measurements shall be to the nearest integer, unless otherwise specified herein.

7.

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

8.

The word "building" includes the word "structure." The word "build" includes the words "erect" and "construct." A "building" or "structure" includes any part thereof.

9.

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

10.

Whenever a word or term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meaning customarily assigned to them.

11.

Unless the context clearly indicated the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," or "either/or," the conjunction shall be interpreted as follows:

•

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

•

"Or" indicated that the connected items, conditions, provisions, or events may apply singly or in any combination.

•

"Either/or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

12.

Catch words and catch lines shall in no way by their presence or absence limit or affect the meaning of this ordinance.

13.

Unless the context clearly indicates to the contrary, where an illustration or photo accompanies any item within this ordinance, the written text shall have precedence over said illustrations. Photos are for illustrative purposes only.

(Ord. No. 128-B, § I, 9-20-10)

Whenever used in this ordinance, the following words and phrases shall have the meaning ascribed to them:

Abutting: Land having a common property line or district line or separated only by a private street or easement.

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

Adult regulated uses: As used in this ordinance, the following definitions shall apply to adult regulated uses:

Adult book or supply store: An establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Group "A" cabaret: An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

Adult motion picture theater or adult live stage performing theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to: "Specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Adult outdoor motion picture theater: A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Massage parlor or massage establishment: A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or osteopath, or chiropractor; a registered or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician's direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly licensed hospitals, medical clinics, or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

Specified anatomical areas: Portions of the human body defined as follows:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola, and

2.

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

Specified sexual activities: The explicit display of one or more of the following:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Acts of human masturbation, sexual intercourse, or sodomy, fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

Agriculture: The use of land for agricultural purposes, including cultivating the soil, producing crops, and raising livestock. Land used for agriculture may be used for farming, a dairy, for pasture, as a nursery, as an orchard, for poultry farming, as a greenhouse, or for similar operations. (See also "Farm.")

Alley: A dedicated public vehicular way which affords a secondary means of access to abutting property but is not intended for general traffic circulation or for parking, standing, or loading.

Alterations: Any change, addition or modification to a structure or type or occupancy, or any change in the structural members of a building, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as "altered" or "reconstructed."

Animal hospital: See "Clinic, veterinary."

Apartment: See "Dwelling, multiple-family."

Attached wireless communication facility (antennae): Any wireless communication facility affixed to an existing structure, such as a building, tower, water tank, utility pole, etc., used to receive and transmit federal or state licensed communications services via duly licensed segments of the radio frequency spectrum. This definition shall not include support structures (see "Wireless communication facility").

Auto mall: An establishment consisting of several new car dealers, vehicle service establishments, and related businesses in an integrated, planned center.

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

Automobile filling station: A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation as an accessory use, and which is clearly incidental to the filling station use. Parking requirements for filling station/convenience store operations shall be computed by addition together the parking

Automobile or vehicle service station: A place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles; including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass) and the servicing of and minor repair of motor vehicles.

Automobile or vehicle repair garage: An enclosed building where the following services may be carried out: general repairs, engine rebuilding, reconditioning of motor vehicles; collision services, such as frame or fender straightening and repair; painting and undercoating of automobiles; and, similar vehicle repair activities.

Automobile or vehicle dealership: A building or premises used primarily for the sale of new and used automobiles and other motor vehicles.

Automobile wash or car wash establishment: A building or portion thereof where automobiles are washed.

Base flood: The flood having a one-percent change of being equaled or exceeded in any given year. Also known as the 100-year flood.

Basement: That portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average grade to the floor below is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

Bed-n-breakfast inn: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provisions for a morning meal for overnight guests only.

Bedroom: A room designed or used in whole or in part for sleeping purposes.

Block: The property bounded by a street or by a combination of streets and public lands, rights-of-way, rivers or streams, boundary lines of the city, or any other barrier to the continuity of development. In the case of a cul-de-sac, a block shall include the property on one side of the street lying between the intersecting through street and the extension of the center line of the cul-de-sac street through the property facing the turnaround at the closed end of the street.

Boarding house or rooming house: A building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. A rooming house shall be deemed a boarding house for the purposes of this ordinance.

Building: Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. A building shall include tents, awnings, semi-trailers, or vehicles situated on a parcel and used for the purposes of a buildings. A building shall not include such structures as signs, or fences, or structures not normally accessible for human occupation, such as tanks, smokestacks, grain elevators, coal bunkers, oil cracking towers, or similar structures. When any portion of such a structure is completely separated from every other part of the structure by walls extending from the ground up without any openings, each portion of such structure shall be deemed a separate building.

Building, accessory: See accessory use, building, or structure.

Building, principal: A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built used, designed, or intended for the shelter or enclosure of the principal use of the parcel.

Building, temporary: A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. An example of a temporary building is a trailer used on construction site.

Building height: The vertical distance measured from the established grade to:

•

The highest point of the coping of a flat roof;

•

To the deck line of mansard roofs; or

•

To the average height between the eaves and the ridge for gable, hip, and gambrel roofs.

Where a building is located on sloping terrain, the height shall be measured from the average ground level at the building wall (see illustration).

Building line: A line parallel to the front lot line at the minimum required front setback line (see illustration).

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

Caretaker living quarters: An independent residential dwelling unit designed for and occupied by one person who is employed to look after goods, buildings, or property on a commercial or industrial parcel on which the living quarters are located. See also "Dwelling, accessory apartment."

Carport: An accessory structure attached to a principal building or freestanding, having a roof with one or more open sides, which is used primarily for the purposes of sheltering vehicles.

Cemetery: Land used for the burial of the dead, including columbariums, crematories, and mausoleums.

Child care center or day care center: A facility other than a private residence, which receives one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. A child care center may also sometimes be referred to as a nursery, day nursery, or nursery school.

Church or synagogues: Any structure wherein persons regularly assemble for religious activity.

City: The City of Flat Rock, Wayne County, Michigan.

City council: The City Council of the City of Flat Rock, Wayne County, Michigan.

Clinic, veterinary: A place for the care, diagnosis, and treatment of sick or injured animals, and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages enclosed within the walls of the clinic building.

Clinic, medical: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

Club or fraternal organization: An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in this ordinance.

Commercial use: The use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services, and the maintenance or operation of offices.

Commission: The Planning Commission of the City of Flat Rock.

Condominium: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all of the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular dwelling unit in such building. Condominiums shall be subject to the regulations set forth in Michigan Public Act 59 of 1978, as amended.

Congregate housing: See "Housing for the elderly."

Convalescent home: See "Nursing home."

Convenience store: A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience stores are designed to attract a large volume of stop-and-go traffic.

Co-op (cooperative) housing: A multiple dwelling owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.

Court: An open, unoccupied space, other than a yard, which is bounded on at least two sides by a building. A court which extends to the front yard or front lot line or to the rear yard or rear lot line shall be deemed an "outer court." Another court shall be deemed an "inner court."

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

Development: The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.

Developable envelope: The area of a lot which is defined by the minimum setback requirements, within which building construction can occur.

Distribution center: A use which typically involves both warehouse and office/administrative functions, where short and/or long-term storage takes place in connection with the distribution operations of a wholesale or retail supply business.

District, zoning: A portion of the City of Flat Rock within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established.

Drive-in: A business establishment so designed that its operation is dependent on providing service to patrons while they are in their car, rather than within a building or structure.

Dwelling: Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case 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 purposes of this ordinance. Garage space, whether in an attached or detached garage, shall not be deemed a part of a living space.

Dwelling, accessory apartment: A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by:

(a)

Persons related to the occupant of the principal residence by blood, marriage or legal adoption, or

(b)

Domestic servants or gratuitous guests.

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

•

The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended;

•

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

•

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

A manufactured home is a type of manufactured housing, which is defined as follows:

Dwelling, manufactured home: A structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling 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. Recreational vehicles as described and regulated herein shall not be considered a manufactured home for the purposes of this ordinance.

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

Apartment: An apartment is an attached dwelling unit with party walls, contained in a building with other apartments units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.

Efficiency unit: An efficiency unit is a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

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

Dwelling, two-family or duplex: A detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each. Also known as a duplex dwelling.

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

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

Drive-in theater: An open-air theater constructed and operated at an established location, without cover or roof, displaying motion pictures for the general public who view the screen or stage while seated in a vehicle. The term "drive-in theater" as used herein shall include the entire premises upon which such theater is constructed and operated, including parking areas and all other facilities accessory to such business.

Earth-sheltered home: A complete building partially below grade that is designed to conserve energy and is intended to be used as a single-family dwelling.

Easement: Any private or dedicated public way that provides a means of access to property. The term "easement" may also refer to utility easements which give public or private utility companies the right to use land for the construction and maintenance of utilities.

Essential services: The term "essential services" shall mean the erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments or city-certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, commercial buildings or activities, or wireless communication facilities.

Excavation: The removal or movement of soil, sand, stone, gravel, or fill dirt except for common household gardening, farming, and general ground care.

Exception: Certain uses, such as essential services as defined herein, considered by the planning commission to be essential or desirable for the welfare of the community, and which are appropriate and not incompatible with the other uses in the zoning district, but not at every or any location or without conditions being imposed due to special considerations related to the character of the use.

Family: One or more persons related by blood, bonds or marriage, or legal adoption, plus up to a total of three additional persons not so related who are either domestic servants or gratuitous guests, occupying a single dwelling unit and living as a single nonprofit housekeeping unit, or a collective number of individuals living together in one dwelling unit, whose relationship is of a continuing non-transient domestic character, and who are cooking as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for a limited duration of a school term or terms or other similar determinable period.

Family day care home: A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, attended by other than 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 minor child for more than four weeks during the calendar year.

Farm: All of the contiguous neighboring or associated land operated as a single unit which is cultivated for agricultural production by the owner-operator, manager, or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; also including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms, and apiaries. For the purposes of this ordinance, farms shall not include establishments for keeping or raising fur-bearing animals, private stables, commercial dog kennels, game fish hatcheries, piggeries, or stockyards, unless such establishments are combined with other bona fide farm operations listed above which are located on the same continuous tract of land. A farm which is operated as a business for purposes of agricultural production is distinguished from a collection of farm buildings and animals that is operated for educational, demonstration, or recreational purposes. Such quasi-farm operations may be known as "petting zoos" or "model farm" or "interpretative farm."

Farm buildings: Any building or structure other than a dwelling, which is constructed, maintained, and used on a farm, and which is essential and customarily used for the agricultural operations carried on that type of farm.

Feed lot: A feed lot shall include any of the following facilities:

(1)

Any tract of land or structure wherein any type of fowl or the by-products thereof are raised for sale at wholesale or retail;

(2)

Any structure, pen, or corral wherein cattle, horses, sheep, goats, or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Fence: An accessory structure composed of manmade materials and of definite height and location intended to serve as: a physical barrier to property ingress or egress; a screen from objectionable vista or noise; a marker; an enclosure in carrying out the requirements of this zoning ordinance; or for decorative use.

Fence, obscuring: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this zoning ordinance.

First floor: The floor of a building which is located approximately at the established grade or is the nearest floor above the established grade of the building.

Fill, filling: The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

Floodplain: Any land area susceptible to being inundated by floodwaters when high amounts of precipitation are experienced or natural cyclic conditions raise the water levels. Determinants of a floodplain are as follows:

•

That area which typically is adjacent to a river, stream, or other body of water, and is designated as subject to flooding from the 100-year base flood indicated on the "flood boundary and floodway map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the city offices.

•

Principal estuary courses of wetland areas that are part of the river flow system.

•

Contiguous areas paralleling a river, stream, or other body of water that exhibit unstable soil conditions for development.

Floodway: The channel of a river or other watercourse and the adjacent lands that must be reserved in order discharge floodwaters without cumulatively increasing the water surface elevation more than one foot. As used in this ordinance, "floodway" refers to that area designated as a floodway on the "flood boundary and floodway map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the city offices.

Floor area, gross: The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Floor area, net: See "floor area, usable residential" and "floor area, usable nonresidential."

Floor area, usable nonresidential: The sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which is used for or intended to be used for the storage or processing of merchandise, or four utilities shall be excluded from the computation of usable nonresidential floor area. In those cases where usable floor area cannon be determined (such as in an unoccupied retail building), usable floor area shall be equal to 80 percent of the total floor area of the building.

Foster care home: See "state licensed residential facility."

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

Fowl: Any domestic bird or poultry, including chickens, turkeys, guinea-fowls, ducks, geese, pheasants and pigeons.

Fraternal organization: See "club."

Garage, community: A structure or series of structures for the storage of motor vehicles owned by two or more occupants or property in the vicinity. Community garages shall not have public repair facilities.

Garage, private: An accessory building for parking or storage of up to four motor vehicles owned by two or more occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

Garage, public: See "automobile or vehicle repair garage."

Golf course or country club: The premises upon which the game of golf is played, including clubhouses, parking lots, swimming pools, tennis courts, or other facilities or uses customarily incidental to a golf course or country club. See also "Par-3 golf course."

Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot is more than six feet from the building.

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 minor child for more than four weeks during a calendar year.

Guest house: An accessory building intended for temporary or periodic use as an auxiliary sleeping facility, but which does not have kitchen facilities, and is not intended to be used as a permanent residence. See also definitions for "bed-n-breakfast inn and "boarding house."

Gym or gymnasium: A room or building equipped for gymnastics, exercise or sports.

Hazardous uses: Uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in Section 306 of the Basic Building Code/1987, as amended, edition prepared by the Building Officials Conference of America, Inc.

Highway: A public thoroughfare or street, except alleys, but including federal, interstate, state, and county roads, including those appearing on plats recorded in the office of the register of deeds and accepted for public maintenance.

Home occupation: An occupation or profession conducted entirely within a dwelling by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, and where such use does not:

•

Change the character or appearance of the residence.

•

Does not result in any sales of commodities or goods on the premises, and

•

Does not require equipment other than what would commonly be found on a residential premises.

Hospital: An institution which is licensed by the Michigan Department of Health to provide inpatient and out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

Hotel: A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a bath, occupied for hire, in which access to at least 50 percent of the lodging units is through a common entrance, in which provision is not made for cooking in the individual units, which shall provide customary hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room accommodating at least 20 guests which provides dining service for a minimum of two meals during the day, and a general kitchen.

Housing for the elderly: An institution other than a hospital, hotel, or nursing home, which provides room and board to non-transient persons primarily 60 years of age or older. Housing for the elderly may include the following:

Senior apartments: Multiple-family dwelling units occupied by persons 55 years of age or older.

Elderly housing complex: A building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older.

Congregate housing: A type of semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

Ice cream parlor: A retail establishment whose business is limited to the sale of ice cream, frozen desserts, dessert items, candies and confections, and beverages in a ready-to-eat state. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ice cream parlors for the purposes of this ordinance.

Indoor recreation center: An establishment which provides indoor exercise facilities and indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. For the purpose of this ordinance, a bowling establishment shall be considered a type of indoor recreation center.

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

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

Junkyard: An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: Junk, scrap iron, metals, paper, rags, tires, bottles and automobiles. The term "junkyard" shall include automobile wrecking yards and salvage yards.

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

Landscaping: The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. I addition, a landscape design may include other decorative material. In addition, a landscape design may include other decorative manmade 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, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:

Berm: A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this ordinance.

Grass: Any of a family of plants with narrow leaves normally grown as permanent lawns in Wayne County, Michigan.

Greenbelt: A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this ordinance.

Ground cover: Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

Hedge: A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.

Interior landscaping area: A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

Nurse grass: Any of a variety of rapidly growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.

Screen or screening: A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such materials shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

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

Sod: An area of grass-covered surface soil held together by matted roots. The grasses permitted for use in sod for landscaped lawns should be a blend that reflects the current standards in the industry and has been demonstrated to prosper under local conditions.

Tree: A self-supporting woody, deciduous or evergreen plant with a well-defined stem which normally grows to a mature height of 15 feet or more in Wayne County, Michigan.

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

Shade tree: For the purposes of this ordinance, a shade tree is a deciduous tree which has a mature crown spread of 15 feet or greater in Wayne County, Michigan, and having a trunk with at least five feet of clear stem at maturity.

Vine: A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.

Livestock: Horses, cattle, sheet, goats, and other domestic animals normally kept or raised on a farm.

Loading space, off-street: An off-street space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

Lot (or zoning lot or parcel): For the purposes of enforcing this ordinance, a lot is defined as a piece of land under single ownership and control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, and open space as required herein. A lot shall have frontage on a dedicated roadway or, if permitted by the regulation set forth herein, on a private road. A lot may consist of:

A single lot of record;

A portion of a lot of record;

A combination of complete lots of record, or portion thereof; or

A piece of land described by metes and bounds.

Lot area, net: The total horizontal area within the lot lines of the lot, exclusive of abutting public street right-of-way or private road easement.

Lot area, gross: The net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.

Lot, corner: A lot of which at least two adjacent sides abut their full length upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than 135 degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner, (see illustration).

Lot coverage: The part or percent of the lot that is occupied by buildings or structures, including accessory buildings and structures and swimming pools, but excluding patios, satellite dish antennas, and decks.

Lot depth: The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

Lot, double frontage: A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street shall be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front (see illustration).

Lot, interior: Any lot other than a corner lot with only one lot line fronting on a street.

Lot lines: The lines bounding a lot as follows (see illustration).

Front lot line: In the case of a lot not located on a corner, the line separating said lot from the street right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from that street which is designated as the front street on the plat, or which is designated as the front street on the site plan review application or request for a building permit.

Rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front lot line and wholly within the lot.

Side lot line: Any lot line other than the front or rear lot lines. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record: A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Wayne County Register of Deeds, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a land surveyor (registered and licensed in the State of Michigan) and likewise so recorded with the Wayne County Register of Deeds.

Lot width: On rectangular lots, the straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see illustration).

On lots located on the outside of the curve of a street, the straight line distance between the side lot lines measured at the minimum front yard setback on a line parallel to the street chord.

On lots located on the inside of the curve of a street, the straight line distance between the side lot lines measured on a line parallel to the street chord at the minimum rear yard setback or 30 feet behind the minimum front setback line, whichever is greater.

Lot split and consolidation: The dividing or uniting of lots of record by virtue of changes in the deeds in the office of the Wayne County Register of Deeds.

Main access drive: Any private street designed to provide access from a public street or road to a manufactured housing park, apartment or condominium complex, or other private property development.

Master land use plan: The master land use plan is a document which is prepared under the guidance of the planning commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the city.

Mezzanine: An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.

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

Manufactured home: See "dwelling, manufactured home."

Manufactured housing park: A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary park, subject to conditions set forth in the Manufactured Housing Commission Rules and Michigan Public Act 96 or 1987, as amended.

Manufactured home lot: An area within a manufactured home park which is designated for the exclusive use of a specific manufactured home.

Motel: A building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not made for cooking within the rooms, in which a minimum of 50 percent plus one of the units feature exterior entrances, and which provides customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture.

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

Nonconforming building/structure: A building or portion thereof that was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the provisions of the ordinance in the zoning district in which is it located.

Nonconforming lot: A lot which was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the lot size, lot width, or other regulations pertaining to lots in the zoning district in which it is located.

Nonconforming use: A use which was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the use regulations of the zoning district in which it is now located.

Non-motorized pathway: A minimum ten-foot wide paved pathway, designated by the city on the non-motorized pathway master plan, for the purposes of accommodating transient bicyclists, pedestrians, and other forms of non-motorized transportation throughout the city. The pathway shall be constructed to city engineering standards. Signs located along a designated non-motorized pathway are subject to location, design, and construction standards outlined in the City of Flat Rock Sign Ordinance.

Nuisance: Any offensive, annoying, or disturbing practice or object, which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violates the laws of decency, obstructs reasonable and comfortable use of property, or endangers life and health.

Nursery, day nursery, nursery school: See "child care center."

Nursery, plant material: A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

Nursing home, convalescent home, or rest home: A home for the care of the aged, informed, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Acts 139 or 1956, as amended.

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

Occupancy load: The maximum number of individuals for which a building or structure has been designated to accommodate, as may be regulated by local ordinance or state law.

Occupied: Used in any way at the time in question.

Open air business: Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open air business shall include:

Retail sales of garden supplies and equipment, including, but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

Roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.

Various outdoor recreation uses, including, but not limited to: Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and children's amusement parks.

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

Open space: That part of a zoning lot, including courts, and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.

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

Par-3 golf course: A golf course consisting of shortened fairways, typically no longer than 200 yards. Eighteen-hole par-3 golf courses typically occupy 50 to 60 acres.

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

Parcel: See "lot."

Parking lot, off-street: An area on private property which provides vehicular parking spaces along with adequate drivers and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than four vehicles.

Parking space: An area of definite length and width designated for parking an automobile or other vehicle, and which is fully accessible for such purposes.

Party store: A retail establishment licensed by the State of Michigan where more than ten percent of the gross floor area is utilized for the storage, display, and sale of alcoholic liquor, wine, beer, and other alcoholic beverages in the original package for consumption off the premises.

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

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

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

Planned unit development: A planned unit development may include such concepts as cluster development, planned development, community unit development, planned residential development, and other terminology denoting special zoning requirements and review procedures. These requirements and procedures are intended to provide design and regulatory flexibility, so as to accomplish the objectives of this ordinance using innovative and effective planning approaches.

Planning commission: The planning commission of the City of Flat Rock.

Principal use: See "use, principal."

Private road: A street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon.

Property line: The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also "lot line."

Public utility: Any person, firm, corporation, municipal department, or board, duly authorized to furnish to the public under government regulations any of the following: Electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.

Railroad classification yard: A railroad yard area used principally for classifying railroad freight cars into train loads to be delivered to distant railroad centers for disbursement, or the receiving of train loads for disbursement to local centers. Railroad classification yards may also include use of track for repair of trains.

Recreational land: Any public or privately owned lot or land that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.

Recreational vehicle: "Recreational vehicles" shall include the following:

Boats and boat trailers: "Boats" and "boat trailers" shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

Folding tent trailer: A canvas folding structure, mounted on wheels and designed for travel and vacation use.

Motor home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

Other recreational equipment: Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.

Pickup camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

Travel trailer: A portable vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

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

Regulated uses: Shall mean:

1.

Adult regulated uses.

2.

Pawn shop or pawn broker, being defined as any business who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or valuable thing on condition of selling the same back again at a stipulated price.

3.

Tattoo parlor, being defined as an establishment which provides external body modifications through the application of a tattoo, body-piercing or branding.

4.

Bar/lounge.

5.

Hookah lounge.

6.

Motel.

7.

Pool/billiards hall.

8.

Secondhand store.

9.

Smoke shop.

10.

Young adult entertainment establishment.

Rest home: See "nursing home."

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

Restaurant, carry-out: A carry-out restaurant is a restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

Restaurant, drive-in: A drive-in restaurant is a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

Restaurant, drive-through: A drive-through restaurant is a restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.

Restaurant, fast-food: A fast-food restaurant is a restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.

Restaurant, standard: A standard restaurant is a restaurant whose method of operation involves either:

1.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or

2.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

Bar/lounge: A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

Right-of-way: The strip of land over which an easement exists to allow facilities such as roads, highway, and power lines to be built.

Roadside stand: A temporary or permanent building operated for the purpose of seasonally selling agricultural products, a portion of which are raised or produced on the same premises by the proprietor of the stand.

Room: For the purpose of determining lot area requirements and density in a multiple-family district, every dwelling unit shall have at least one room that shall not have less than 120 square feet of net floor area. Other habitable rooms (e.g. living room, dining room and bedroom), except kitchens, shall have a net floor area of not less than 70 square feet. A room shall not include the area in a kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing one-, two- or three-bedroom units and including a "den," "family room," "study" or "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.

Satellite dish (antenna): A device incorporating a reflective surface that is solid, mesh, or, bar configured, and is in the shape of a shallow dish, parabola, cone or horn, used to transmit and/or receive television, radio, or other electromagnetic communication signals between terrestrially and/or extra terrestrially based sources. Included are antennae for citizen band radio, short wave radio, ham and amateur radio, television reception antennae, satellite dishes, and governmental facilities which are subject to state and federal law or regulations that preempt municipal authority. This definition does not define antennas used within or as part of a wireless communication facility.

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

Semi-trailer: A trailer, which may be enclosed or not enclosed, exceeding 18 feet in length, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

Setback: The distance between a front, side or rear lot line and the nearest supporting member of a structure on the lot. The minimum required setback is the minimum distance between a front, side or rear lot line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this ordinance (see definition of yard).

Sign: A sign is the use of any words, numerals, figures, devices, designs, trademarks, or combination thereof, visible to the general public and designed to inform or attract the attention of persons not on the premises on which the sign is located. Various types of signs and sign-related terms are defined in the adopted sign ordinance of the City of Flat Rock Article 27.00, Sign Ordinance, which also contains regulations controlling the placement, size, construction, and maintenance of signs.

Service truck: A pick-up truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

Site plan: A plan showing all salient features of a proposed development, as required in section 24.02, so that is may be evaluated to determine whether it meets the provisions of this ordinance.

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

Special land use: Special land uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district or districts. After due consideration of the impact of each such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land uses may be permitted following review by the planning commission, subject to the terms of this ordinance.

Stable, private: A private stable is an enclosed building intended for the keeping of horses or other large domestic animals, for the noncommercial use of the residents of the principal use on the site.

Stable, public: A public stable is an enclosed building for housing for the keeping of horses or other large domestic animals, in which any such animals are kept for remuneration, hire, or sale.

State licensed residential facility: Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 116 of 1973, or Public Act 218 or 1979. These acts provide for the following types of residential structures:

Adult foster care facility: A governmental or nongovernmental establishment that provides foster care to adults in accordance with Public Act 218 of 1979, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. Subject to Section 26a(l), adult foster care facility 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. The following four types of adult foster care homes are provided for by these rules:

Family home: Private residence for six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.

Adult foster care small group home: Residence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the house.

Adult foster care large group home: Residence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.

Congregate facility: Residence for more than 20 adults.

Foster family home: A private residence that houses four or fewer minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, Chapter X of the Probate Code of 1939, PA 288, are given care and supervision for 24 hours a day, for four or more days per week, for two consecutive weeks, unattended by a parent or legal guardian. Under Public Act 116 of 1973, a foster family home does not require local zoning approval before being licensed by the department of social services.

Foster family group home: A private residence that houses more than four but less than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, Chapter X of the Probate Code of 1939, PA 288, are given care and supervision for 24 hours a day, for four or more days per week, for two consecutive weeks, unattended by a parent or legal guardian. Under Public Act 116 of 1973, a foster family group home requires local zoning approval before being licensed by the department of social services.

Story: That portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it. A mezzanine shall be deemed a full story when it covers more than one-third of the area of the story underneath said mezzanine, or, if the vertical distance from the floor next below the mezzanine to the floor next above it is 24 feet or more.

A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling (see illustration).

Story above grade: Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50 percent of the total perimeter or more than 12 feet at any point.

Story, half: The upper most story lying under a pitched roof, the usable floor area of which does not exceed one-half of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 160 square feet with a minimum clear height of seven feet, six inches.

Street: A public or private thoroughfare intended primarily to provide vehicular circulation and access to abutting property. Various types of streets are defined as follows:

Arterial street: A major street that carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the city.

Collector street: A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but may also provide direct access to abutting properties.

Cul-de-sac: A street that terminates in a vehicular turnaround.

Local or minor street: A street whose sole function is to provide access to abutting properties.

Private street or road: A street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon.

Subcollector street: A street whose principal function is to provide access to abutting properties but is designed to be used or is used to connect minor and local streets with collector or arterial streets.

Street line: A dividing line between the street and a lot, also known as the right-of-way line.

Structure: Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennae, swimming pools, and signs.

Subdivision plat: The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended, and the City of Flat Rock Subdivision Control Act, Chapter 52, as amended.

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

Tourist cabin: A small freestanding building which is designed to furnish overnight accommodation for guests for compensation, primarily for the general public traveling by motor vehicle.

Tourist home: A dwelling in which certain rooms in excess of those used by the regular family members, as herein defined, are made available as accommodations for transient guests for compensation, primarily for the general public traveling by motor vehicle.

Toxic or hazardous waste: Waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

•

An increase in mortality, or

•

And increase in serious irreversible illness, or

•

Serious incapacitating, but reversible illness, or

•

Substantial present or potential hazard to human health or the environment.

Truck terminal: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

Use: The purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

Use, permitted: A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

Use, nonconforming: See "nonconforming use."

Use, principal: The principal use is the main use of land and buildings and the main purpose for which land and buildings exist.

Use, accessory: See "accessory use, building, or structure."

Use, special land: See "special land use."

Utility trailer: A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.

Veterinary hospital: See "clinic, veterinary."

Variance: A modification of the literal provisions of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. A variance to permit a use not otherwise permitted within a zoning district (i.e., a "use variance") shall not be permitted.

Walls, obscuring: An obscuring structure of definite height and location constructed of wood, masonry, concrete, or similar material.

Warehouse: A building used for short- and/or long-term storage in connection with production and marketing or in connection with manufacturing, freight handling, and retailing. See also "distribution center."

Wireless communication facility: All facilities, structural, attached, or accessory, related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals and includes, radio and television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities.

Not included are facilities for: Citizen band radio, short wave radio, ham and amateur radio, television reception antennae, satellite dishes, and governmental facilities which are subject to state and federal law or regulations that preempt municipal authority. Wireless communication facilities shall be specifically excluded from the definition of "essential services."

Wireless communication facility (colocation): The location by two or more wireless communications providers, public authorities or other duly authorized parties of wireless communications facilities on a common structure in a manner that reduces the overall need for additional or multiple freestanding single use communications facilities and/or support structures within the city.

Wireless communication support structure (tower): Any structure used to support attached wireless communication facilities, or other antennae or facilities, including supporting lines, cables, wires, braces and masts intended primarily for the purpose of mounting an attached wireless communication facility or similar apparatus above grade, including any ground or roof-mounted pole, monopole, or other similar structures which support wireless communication facilities.

Wholesale sales: On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this ordinance. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this ordinance (see illustration).

Yard, front: An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the front lot line and the nearest line on the principal building. On corner lots, the front yard may be opposite either street frontage, but there shall only be one front yard.

Yard, rear: An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.

Yard, side: An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.

Zero lot line development: A development approach in which a building is sited on one or more lot lines with no yard.

Zoning board of appeals (ZBA): The zoning board of appeals, created pursuant to the provisions of Michigan Public Act 110 of 2006, as amended.

(Ord. No. 128-B, § I, 9-20-10; Ord. No. 418, § III, 1-3-12; Ord. No. 427, § I, 4-21-14)