For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.

   ACCESSORY AMUSEMENT USE. Any nonresidential establishment in which three or fewer mechanical amusement devices (excluding pool tables and billiard tables) for hire are located, as regulated in §§ 12-24 through 12-37 of this Code of ordinances.

   ACCESSORY BUILDING. A building or portion of a building subordinate to a main building on the same lot that is occupied by or devoted exclusively to an accessory use.

   ACCESSORY STRUCTURE. A detached structure on the same lot as, and customarily incidental and subordinate to, the principal structure.

   ACCESSORY USE. A use which is clearly incidental to or customarily carried on in connection with the principal use on the same lot or on a different lot to which the use has been extended.

   ACREAGE. Any tract or parcel of land which has not been subdivided or platted.

   ADDITION. An extension or increase in floor area or height of a building or structure.

   ADULT. A person having arrived at the legal age of adulthood as defined by Michigan law.

   ADULT DAY CARE or DAY SERVICES CENTER. A facility that provides social or recreational programs, health services, supervision or other care for functionally or cognitively impaired adults principally during daytime hours, not more than 32 hours a day or more than six days per week. This definition includes adult day health care centers but does not include nursing homes, homes for the aged, hospitals or other facilities that routinely provide medical treatment or overnight care.

   ADULT ENTERTAINMENT USES. Any use that provides services, materials or entertainment to adults involving specified sexual activities or specified anatomical areas. ADULT ENTERTAINMENT USES include, but are not limited to, the following.

      (1)   ADULT BOOKSTORE. An establishment that devotes more than an incidental portion of its floor area to the sale or display of pornography. Establishments that display, sell or rent such material within an enclosed area that is accessible only to adults and that comprises no more than 5% of the floor area shall not be included within this definition.

      (2)   ADULT MOVIE THEATER OR ARCADE. A building used for presenting pornographic motion pictures or visual images by any means or device.

      (3)   ADULT NIGHTCLUB. Any establishment featuring live performances by nude or semi-nude dancers, entertainers, waitstaff or other persons.

      (6)   ADULT NOVELTY BUSINESS. Any establishment that sells devices designed for sexual stimulation.

      (7)   ADULT PERSONAL SERVICE ESTABLISHMENT. Any establishment that provides massages, baths, tattoos or similar services, or that arranges, solicits or provides escorts, dates, models, unlicensed therapists, companions or entertainers, either on or off the premises. The following are not included within the definition of an ADULT PERSONAL SERVICES ESTABLISHMENT:

         a.   Establishments that routinely provide any such services by a licensed or certified health professional or massage therapist acting within the standards and scope of a generally recognized health profession or organization;

         b.   Public or non-profit organizations such as schools, parks and community recreation centers;

         c.   Studios, clubs and gymnasiums offering continuing instruction in martial or performing arts or providing facilities for organized athletic activities to the general public;

         d.   Hospitals, nursing homes, medical clinics and medical offices; and

         e.   Barber shops, beauty parlors, health spas and salons that administer massage only to the neck, shoulder, scalp and face or by a licensed or certified therapist acting within the standards of a generally recognized licensing or certifying organization.

      (8)   RESTRICTED ADULT BUSINESS. Any adult entertainment use that is customarily open only to adults.

   ADULT FOSTER CARE FACILITY. A licensed establishment that provides foster care to adults, including aged, mentally ill, developmentally disabled or physically handicapped adults who require supervision on an ongoing basis but who do not require continuous nursing care. ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released from or assigned to a correctional facility.

      (1)   ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.

      (2)   ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.

      (3)   ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.

   ALLEY. Any roadway, other than a city street, affording a secondary means of access to abutting property, and not intended for general traffic circulation.

   ALTERATION. Any change, addition or modification in construction or use: any change in the structural members of a structure, such as walls or partitions, columns, beams or girders.

   APARTMENT. A room or suite of rooms arranged and intended as a dwelling unit for a single family or a group of individuals living together as a single housekeeping unit: typically intended for rental use or as an individual unit in a collection of units cooperatively owned by its occupants.

   APARTMENT BUILDING. A building used or arranged for rental occupancy or co-operatively owned by its occupants, having three or more attached single-family or single-dwelling units, with a yard, compound, service or utilities in common.

   APARTMENT, EFFICIENCY. A dwelling unit in a multifamily building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

   APARTMENT HOTEL. An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

   ARCADE OR AMUSEMENT CENTER. Any establishment that contains four or more mechanical amusement devices and whose principal use is providing entertainment through such devices.

   ARCHITECTURAL FEATURES. Architectural features of a building or a structure include, but are not limited to, cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

   AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition.

   AUTOMOBILE REPAIR, MAJOR. A structure or use devoted to the general repair, rebuilding or reconditioning of motor vehicles or engines, including collision service; body, frame or fender straightening and repair; or overall painting and undercoating.

   AUTOMOBILE REPAIR, MINOR. A structure or use providing limited motor vehicle repair and service, such as minor dent repair; detailing; lubrication; radiator or fuel system flushing, and installation of motor vehicle parts and accessories such as spark plugs, batteries, tires, mufflers and belts.

   AUTOMOBILE SERVICE STATION or FILLING STATION. A place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies for operating and equipping motor vehicles, including greasing and oiling, and, if within an enclosed building, incidental brake, muffler, and similar services, but not including any operation named under “automobile repair, major.”

   AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

   BED AND BREAKFAST OPERATION. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and a meal or meals in return for payment for a limited time.

   BOARD. The City of Flint Board of Zoning Appeals.

   BOARDING OR LODGING HOUSE. A dwelling or part thereof where meals or lodging or both, are provided for compensation. A BOARDING HOUSE is to be distinguished from a hotel, motel, bed and breakfast establishment, or a convalescent, nursing or group home.

   BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the group up, each part is deemed a separate building, except as regards minimum side yard requirements as provided by this chapter.

   BUILDING FRONT LINE. A line that coincides with the face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches, but does not include steps. This line shall be parallel to the front lot line and measured as a straight line between the intersection points with the side yard. For the purposes of this section, the FRONT LINE shall be the front setback line.

   BUILDING HEIGHT. The vertical distance measured from the established finished grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs: and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on a terrace, the height shall be measured from the average finished ground level of the terrace at the building wall.

   BULK STATION. A place where crude petroleum and petrochemical liquids such as gasoline, naphtha, benzene, benzal and kerosene are stored for wholesale purposes and where the aggregate capacity of all storage tanks is more than 6,000 gallons.

   CEMETERY. Land used or intended to be used for the burial of the human dead, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with, and within the boundaries of the CEMETERY.

   CHANGE IN USE. A use different from the previous use of a site. A different use shall first be determined on the basis of the zoning districts in which the respective uses are first permitted, either as a principal use permitted outright or a principal conditional use. A further difference of use shall be determined on the basis of uses listed in the subheadings of each zoning district, such as retail services, eating and drinking places, automotive services. Changes within subheadings are not considered a CHANGE IN USE. If an existing structure is vacant, the last occupant shall determine use.

   CHILD CARE CENTER. A facility, other than a private residence, receiving one or more preschool or school age children for care for periods less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The term includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The term also includes any facility referred to as day care center, day nursery, nursery school, drop-in center and parent cooperative preschool. A CHILD CARE CENTER does not include a Sunday school, Vacation Bible School, or religious instructional class operated by a religious organization where children are in attendance for not greater than three hours per day for an indefinite period or not greater than eight hours per day for less than one month per year.

   CLINIC. A place used for the care, diagnosis and treatment of persons in need of medical or surgical attention, but who are not kept overnight on the premises. See also VETERINARY CLINIC.

   CLUB. A nonprofit association that maintains, owns, hires or leases a building or space in a building or which furnishes to its members and/or guests any premises or place where members and/or guests may engage in the drinking of alcoholic liquor for any fee, cover charge, donation or other charge that may reasonably construed as consideration. Also, the building owned or leased by such a group.

   COLLECTOR STREET. A street that provides both land access and traffic movement in the local district.

   CO-LOCATION. The ability to attach wireless antenna to existing structures such as towers, rooftops, utility lines, church spires and the like.

   COMMISSION. The City of Flint Planning Commission.

   COMMON LAND. A parcel or parcels of land together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

   COMMUNITY DEVELOPMENT PROJECT. Any residential development which conforms to the requirements and standards of the community development project regulations of this chapter.

   CONDITIONAL USE. A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning Commission and granting of conditional use approval with such conditions as necessary to make the use compatible with other uses permitted in the same district or vicinity.

   CONFORMING. In compliance with the regulations of the pertinent zoning district.

   CONVALESCENT OR NURSING HOME. A building where infirm or incapacitated persons are furnished lodging, shelter, meals, nursing, personal care or limited medical attention on a regular basis for compensation. Such a facility provides limited assistance but not the degree of care and treatment provided by a hospital or skilled nursing center.

   COUNTY. The County of Genesee. Michigan.

   COURT. An open, unoccupied space on the same lot or parcel with a building and bounded on two or more sides with walls of the building.

   COURT, INNER. Any court other than an outer court.

   COURT, OUTER. A court which extends directly to and opens for its full width on a street or other permanent space, or on a required yard, at least 20 feet wide.

   COVERAGE. The part of a lot or parcel of land occupied by one or more structures.

   CUL DE SAC. A street terminating at one end with a turning radius.

   DAY CARE CENTER. See CHILD CARE CENTER.

   DEVELOPMENT. The construction of a new structure on a lot, the relocation of an existing structure on a lot, or the use of open land for a new use.

   DIRECT ACCESS. Access not requiring trespass over adjacent property or rights-of-way.

   DISTRICT. An area of the City with specific zoning regulations as defined in this chapter.

   DRIVE-IN. See RESTAURANT.

   DWELLING. Any building or portion thereof used for human habitation, exclusive of tents, campers, trailers, portable buildings and mobile homes or other buildings without a permanent foundation.

      (1)   ATTACHED. A dwelling unit attached to two or more dwelling units by common vertical walls.

      (2)   DETACHED. A dwelling unit that is not attached to any other dwelling unit by any means.

      (3)   SEMI-DETACHED. A dwelling unit attached to one other dwelling unit by a common vertical wall, with each dwelling unit located on a separate lot. Also commonly known as a DUPLEX.

      (4)   STACKED RANCH. A two-story building divided horizontally and vertically by common party walls and floors into eight or fewer single-story dwelling units, each unit having an independent pedestrian entrance either directly to the outside or through a common vestibule, and integral individual garages.

      (5)   TOWNHOUSE. A building divided vertically by common walls into four to 12 attached dwelling units with independent entrances to both the front yard and the back yard or garage, and having no unit located above another unit.

      (6)   MULTIPLEX. A building divided vertically into three or more separate dwelling units having independent entrances either directly to the outside or through a common vestibule.

   DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

   DWELLING, MULTIFAMILY. A building containing three or more dwelling units.

   DWELLING, SINGLE-FAMILY. A building designed for residential use containing not more than one dwelling unit.

   DWELLING, TWO-FAMILY. A building containing not more than two dwelling units.

   DWELLING UNIT. One or more rooms connected together with kitchen and sanitary facilities designed for residential use by one family or housekeeping unit and physically separated from any other room or dwelling unit in the same structure.

   EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner of the property.

   ENVIRONMENTAL AREA. An area that the Department of Natural Resources has determined is necessary for the preservation and maintenance of wildlife, water, soil, open space or forest resources.

   ERECT. To build, construct, alter, reconstruct or otherwise perform any physical operation intended to result in the placement of a structure on the premises, including excavation, backfill, drainage and the like.

   ESSENTIAL SERVICES. The construction or maintenance of gas, electrical, steam, sewer, water, or other utility systems, equipment and accessories, whether underground or overhead, that are reasonably necessary for furnishing adequate utility services to the public.

   ESTABLISHMENT. Any business or enterprise that utilizes any building, structure, premises, parcel, place or area.

   EXCEPTION. A modification of the requirements of this chapter, specifically permitted herein, which is necessary to avoid undue hardship in the practical application of the provisions of this chapter. An EXCEPTION is not a variance.

   FAMILY.

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

      (2)   A collective number of individuals domiciled together in one dwelling unit having demonstrable and recognizable bond characteristic of a cohesive unit, whose relationship is of a continuing nontransient domestic character and who live together as a functional family in a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

   FAMILY DAY CARE HOME. A private home in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOMES include homes that give care to an unrelated minor child for more than four weeks during a calendar year.

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

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

   FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

   FLOOD INSURANCE STUDY.  The official report of the Federal Insurance Administration providing flood profiles, the flood insurance rate maps, and the water surface elevation of the base flood.

   FLOOR AREA. The sum of the horizontal area of the several floors of a building measured from the interior faces of the exterior walls for residential dwellings. The FLOOR AREA measurement shall not include area of basements, stairways, unfinished attics, attached garages, breezeways, enclosed or unenclosed porches, or utility rooms. For commercial uses, the FLOOR AREA measurement shall not include areas used or intended to be used principally for storage or processing; hallways, stairwells; elevator shafts; floor space used for mechanical equipment or utilities; attic space having headroom of seven feet, ten inches or less; interior balconies, mezzanines; or sanitary facilities in addition. Any space devoted to off-street parking or loading shall not be considered FLOOR AREA.

   FLOOR AREA, GROSS. The sum of the horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The GROSS FLOOR AREA of a building shall not include the basement floor area except when more than half of the basement is above grade.

   FLOOR AREA, GROUND. The horizontal area of the first floor of a building other than a cellar or basement.

   FRONT, LOT. The side of a lot that abuts a public street. For corner lots, the front is the shortest side that abuts a street. Where buildings exist on the lot, the LOT FRONT may be established by the orientation of the buildings. Otherwise the principal entrance shall determine the front of the lot.

   FRONTAGE. The distance along the boundary between any lot or parcel of property and a highway, public right-of-way or waterway.

   GARAGE. A structure or use devoted to the storage or care of motor vehicles. A commercial GARAGE is a structure or use where motor vehicles are equipped for operation, repaired, or stored for remuneration, hire or sale. This definition excludes a structure or use principally devoted to the storage of motor vehicles for scrap or salvage purposes or for sale as scrap or salvage material.

   GRADE. The highest point of the ground contacting any portion of the basement or foundation of a building.

   GROUP DAY CARE HOME. A private home in which seven but not more than 12 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOMES include homes that give care to an unrelated minor child for more than four weeks during a year.

   HEALTH CARE FACILITY. Any facility or institution that provides mental or physical health care services, including diagnosis, treatment, rehabilitation or preventive care and that allows overnight stays.

   HOME FOR THE AGED. A supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home or county medical care facility, that provides room, board and supervised personal care to 21 or more unrelated, nontransient individuals 60 years of age or older. HOME FOR THE AGED includes a supervised personal care facility for 20 or fewer individuals 60 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home.

   HOME OCCUPATION or BUSINESS. An occupation that is traditionally and customarily carried on within a dwelling and that is clearly incidental and secondary to the use of the dwelling as a residence.

   HOSPITAL. An institution for the diagnosis, treatment or care of aged, sick or injured people. The term HOSPITAL shall include sanatoriums but not nursing homes, rest homes or convalescent homes.

   HOTEL. A building or part of a building, with a common entrance or entrances, in which dwelling or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service. A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms as accessory uses.

   HOUSEKEEPING UNIT. A dwelling unit organized as a single entity in which the members share common kitchen facilities and have access to all parts of the dwelling unit.

   INDUSTRIAL PARK. A planned industrial development on a tract of land containing an internal road network suitable for trucks and employee traffic and supplied with water, sewer, electric and natural gas lines.

   JUNK. Any refuse, waste material or item that has ceased to have value for its originally intended use, including salvaged material, metal, machinery, motor vehicles or motor vehicle parts.

   JUNKYARD. A place where waste, discharged or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building and not including vehicle tow yards and impound lots, pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.

   KENNEL. Any structure or premises on which four or more dogs or cats over four months of age are kept.

   LOADING SPACE. An off-street space within a building or on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, such space having direct and unobstructed access to a street or alley.

   LODGE. See CLUB.

   LOT. A parcel of land intended for a single principal use together with accessory uses permitted in this chapter and having determined by lot lines.

   LOT AREA. The total area included within lot lines. Where a lot line lies in part of a street, the LOT AREA shall not include that part of the lot in the street proper.

   LOT, CORNER. A lot located at the intersection of two streets or a lot bounded on two sides by a curving street, any two chords of which form an angle of 135 degrees or less as measured on the lot side. The point of intersection of the street lot lines is the corner. 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.

   LOT DEFINITIONS. See Appendix: Compiled Illustrations, Illustration 50-1, “Typical lot definitions,” at the end of this chapter.

   LOT DEPTH. The horizontal straight-line distance between the front and rear lot lines, measured along the median between side lot lines.

   LOT, DOUBLE FRONTAGE. Any interior lot having frontage on two approximately parallel streets, as distinguished from a corner lot. See LOT, THROUGH.

   LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT LINES. The property lines bounding a lot as defined herein.

      (1)   FRONT LOT LINE. The shortest lot boundary abutting a public street.

      (2)   REAR LOT LINE. The lot boundary opposite and most distant from the front lot line. In the case of irregularly shaped lots, a line ten feet in length parallel to and at the maximum distance from the front lot line that is entirely within the lot shall be considered the REAR LOT LINE for the purpose of determining required rear yard spacing.

      (3)   SIDE LOT LINE. Any lot line not a front or rear lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.

   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds; 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. Whenever an owner uses two or more recorded lots as a single building site, or combines two or more lots on any recorded plat in the records of the Assessor or Treasurer, the combination of lots shall be deemed to be a single LOT OF RECORD for the purposes of this chapter.

   LOT, THROUGH. Any interior lot having frontage on two approximately parallel streets, as distinguished from a corner lot. In the case of a row of two or more double frontage lots, all yards of the lots adjacent to streets shall be considered front yards, and setbacks shall be provided as required in this chapter.

   LOT WIDTH. The horizontal straight-line distance between the side lot lines, measured along the median between the front and rear lot lines.

   LOT, ZONING.

      (1)   A single tract of land, located within a single block, which, at the time of filing for a zoning permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control.

      (2)   A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A ZONING LOT therefore may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record. Two or more adjacent lots may only be treated as a ZONING LOT if they cannot be combined into one tax parcel by the City.

   MAJOR STREET PLAN. The major street plan for the City as adopted by the Planning Commission, establishing the location and official right-of-way width of principal streets and highways in the City.

   MAJOR THOROUGHFARE. A large volume traffic way intended for traffic from the immediate municipal area and the regions beyond.

   MANUFACTURED HOME. A factory built single-family structure that meets the National Manufactured Home Construction and Safety Standards Act, commonly known as the HUD (United States Department of Housing and Urban Development) Code. See MOBILE HOME.

   MANUFACTURED HOME PARK. See MOBILE HOME PARK.

   MARGINAL ACCESS DRIVE. A street that is parallel to and adjacent to a primary 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 primary street and so that the flow of traffic on the primary street is not impeded by direct driveway access from a large number of abutting properties.

   MEZZANINE. An intermediate level or levels in any story with an aggregate floor area of not more than one-third of the floor area of the room or space in which it is located.

   MINI STORAGE FACILITY. A building or group of buildings where separate, locking units are leased to customers for the storage of personal property.

   MOBILE HOME. Any structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to the required utilities and which is, or is intended to be, attached to the ground to another structure, or to a utility system on the same premises for more than 30 consecutive days, but does not include a recreational vehicle.

      (1)   Type A. New mobile homes certified as meeting HUD mobile home construction and safety standards.

      (2)   Type B. Used mobile homes certified as meeting HUD mobile home construction and safety standards or standards contained under State of Michigan Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended, found on inspection to be in good condition.

      (3)   Type C. Used mobile homes certified as meeting HUD mobile home construction and safety standards or standards contained under Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended, found on inspection to be in poor condition and unsafe and/or unfit for residential occupancy.

      (4)   Type D. Used mobile homes not certified as meeting HUD mobile home construction and safety standards or not meeting standards contained under State of Michigan Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended.

   MOBILE HOME PARK. Any parcel of land or part thereof used or offered for use as a location for three or more mobile homes on a continual, non-recreational basis together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

   MODULAR HOME. A dwelling manufactured in a factory in separate units that comply with applicable State construction codes and that are designed for transport by separate carrier to the build site for assembly on a permanent foundation. MODULAR HOMES shall be considered site-built homes.

   MOTEL. A series of attached, semi-detached or detached rental units with individual entrances providing convenient access to off-street parking areas and that are rented for overnight lodging primarily to the public traveling by motor vehicle.

   MOTOR HOME. Any vehicle built and licensable for use on public streets and highways that has been constructed or adapted for use as a dwelling or sleeping place for one or more persons. See TRAVEL TRAILER.

   MOTOR HOME PARK. A park designed specifically to accommodate the use of motor homes and travel trailers as dwellings. Also commonly referred to as a TRAILER PARK or RV PARK.

   NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, that does not conform to the regulations of the zoning district in which it is located.

   NONCONFORMING LOT. Any lot, outlot or parcel of land which, through a change in the law, no longer conforms to the provisions of the zoning district in which it is located.

   NONCONFORMING STRUCTURE. A structure which, through a change in the law, no longer conforms to the provisions of this chapter.

   NONCONFORMING USE. A use that was valid when begun but which, through a change in the law, no longer conforms to the regulations of the zoning district in which it is carried on.

   NUISANCE. A thing or practice causing or having potential to cause annoyance such as noise, dust, dirt, smoke, fly ash, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, effluent crowd noise, traffic or trespass of persons or objects, whether or not the thing or practice constitutes a legal nuisance subject to forcible abatement.

   NURSERY. A structure or use where live trees, shrubs or plants are grown, tended or stored and offered for retail sale, including products used for gardening or landscaping, but not including a structure or use principally for the sale of fruits, vegetables or Christmas trees.

   NURSERY SCHOOL. See CHILD CARE CENTER.

   NURSING HOME. A nursing facility that provides organized nursing care and medical treatment to seven or more individuals suffering or recovering from illness, injury or infirmity, including a County medical care facility, but excluding a hospital or a facility created by Act 152 of the Public Acts of 1985, as amended, being MCLA §§ 36.1 to 36.12 of the Michigan Compiled Laws.

   OFF-STREET PARKING LOT OR FACILITY. A structure or use providing parking spaces for more than five motor vehicles along with adequate drives and aisles for maneuvering, as prescribed by the regulations of the zoning district in which the off-street parking is located.

   OPEN AIR BUSINESS USE. Any retail business that sells goods that are displayed or otherwise merchandised outside an enclosed building, including automobile sales areas, nurseries, parking lot sales, camper sales and other similar uses.

   OPEN FRONT STORE. An establishment designed to provide service to customers beyond the walls of the building, not requiring the patron to enter the building. The term OPEN FRONT STORE shall not include auto repair stations or gas stations.

   OPEN SPACE. Any unoccupied space, open to the sky, on the same lot or parcel of land as a building. Designated parking is not OPEN SPACE.

   OUTDOOR ADVERTISING. Any sign used to advertise a good, service or activity that is not primarily produced or sold on the premises where the sign is located.

   PARKING SPACE. A permanently surfaced area of not less than 180 square feet (nine feet by 20 feet), either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.

   PENNY ARCADE. Any nonresidential establishment in which four or more mechanical amusement devices (excluding pool tables or billiard tables) for hire are located, as regulated in §§ 12-24 through 12-37 of this Code of ordinances.

   PLANNED INDUSTRIAL DISTRICT. Any industrial development which conforms to the requirements and standards of the planned industrial district regulations of this chapter.

   PLANNED SHOPPING CENTER (INTE- GRATED NEIGHBORHOOD or COMMUNITY SHOPPING CENTER). Any commercial develop- ment which conforms to the requirements and standards of the integrated neighborhood or community shopping center regulations of this chapter.

   PORNOGRAPHY. Any media that has more than an incidental portion of its content depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” and that is intended to provide sexual gratification or arousal.

   PRINCIPAL USE. The main use to which the premises are devoted.

   PRIVATE ROAD. A road for ingress and egress to more than one parcel of property that is not part of a subdivision created under State Act 288, Public Acts of 1967, as amended.

   PUBLIC BUILDING. Buildings that are financed largely by public funding and are available for public use, as distinguished from buildings that are government financed, but are intended for private use; e.g., public housing.

   PUBLIC FACILITY. Any facility other than a recreation area which is maintained by public funds, including, but not limited to, libraries, museums, administrative offices, and fire and police stations. This definition does not include schools, community hospitals or any facility involving outdoor storage.

   PUBLIC UTILITY. A person, firm, corporation, municipal or County department, or council or commission duly authorized to furnish to the public, and that is so furnishing, gas, steam, electricity, sewage disposal, telegraph, telephone, transportation or water under Federal, State or municipal regulations.

   RECREATION AREA. Any parcel of land, whether natural or improved, public or private, designated solely for indoor or outdoor recreational activities.

   RECREATION FACILITY, PRIVATE. Any privately owned commercial recreation facility, including golf courses, riding stables, race courses, bowling alleys, clubs, lodges and other similar facilities.

   RECREATION FACILITY, PUBLIC. Any publicly owned and maintained recreation facility available to the general public, with or without a fee.

   RECREATIONAL VEHICLE. A vehicle designed for use on streets and highways that serves as temporary living quarters for recreational purposes, whether self-propelled or attached to another vehicle, including motor homes, pickup campers, travel trailers and tent trailers.

   RESTAURANT. An establishment whose principal business is the sale of foods, desserts or beverages to customers in a ready-to-consume state.

      (1)   CARRY-OUT RESTAURANT. A restaurant where food and beverages are served in disposable containers for consumption primarily off the premises.

      (2)   DINE-IN RESTAURANT. A restaurant where food and beverages are served for consumption primarily within the restaurant building.

      (3)   DRIVE-IN RESTAURANT. A restaurant designed to serve food and beverages to customers within their motor vehicles for consumption on the premises and outside the restaurant building.

      (4)   FAST FOOD RESTAURANT. A restaurant where food and beverages are served in disposable containers for consumption either inside the restaurant building or off the premises.

   RIGHT-OF-WAY. A street, alley or other thoroughfare or easement permanently established for the passage of persons or vehicles.

   SELF-STORAGE FACILITY. See MINI STORAGE FACILITY.

   SERVICE AREA. An outdoor area connected with a commercial use devoted to loading and unloading operations and for the receipt and temporary storage of goods, materials and equipment.

   SETBACK. The minimum distance a structure or any portion thereof must be located from the lot lines.

   SIGN. Any outdoor structure or display whose principal purpose is to convey a message or to identify the location of or direct attention to an object, product, place, activity, person, institution, organization or business. A SIGN shall not include any display of official court or public notices, nor shall it include the flag of a political unit or school.

   SPECIAL FLOOD HAZARD AREA. An area of land subject to a 1% or greater chance of flooding in any given year as determined by the Federal Flood Insurance Study.

   SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, female nipple and areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES. Acts of human masturbation, sexual intercourse, sodomy, and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   STORY. The portion of a building, included between the upper surface of a floor and the upper surface of the floor above or the upper surface of the roof rafters or ceiling joists if there is no floor above.

   STORY, FIRST. The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family, shall be deemed the FIRST STORY.

   STORY, HALF. An uppermost story lying under a sloping roof having a floor area of at least 200 square feet with a minimum head clearance of seven feet, six inches.

   STREET. A public right-of-way, other than an alley, intended for travel by motor vehicles, which is a principal means of access to abutting property.

   STREET LINE. The street right-of-way line.

   STRUCTURE. Anything constructed or erected, including a building, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

   TELEVISION SATELLITE DISH. Any device capable of receiving television signals from satellites.

   TEMPORARY BUILDINGS, USES. A building, structure or use permitted to exist during construction of the main structure or use or during special events.

   TOURIST HOME. A building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

   TRAILER PARK. See MOTOR HOME PARK and MOBILE HOME PARK.

   TRAVEL TRAILER. A vehicle designed for towing on streets and highways that is used as a temporary dwelling, office or business.

   USE. The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

   VARIANCE. A deviation from the zoning provisions of this chapter granted when strict enforcement would cause undue hardship or practical difficulties owing to circumstances unique to the property for which the variance is granted. A VARIANCE is not an exception.

   VETERINARY CLINIC. A building where animals are examined and treated by a veterinarian.

   WIRELESS TELECOMMUNICATION FACILITY. All structures and equipment involved in transmitting and receiving telecommunications signals from mobile communication sources, such as private and commercial mobile radio service facilities, personal communication services (PCS) towers, and cellular telephone towers. Not included are AM/FM radio antennas, television antennas, satellite dishes and licensed amateur radio facilities.

      (1)   ANTENNA. The device through which wireless telecommunication signals are transmitted or received, as authorized by the Federal Communications Commission.

      (2)   EQUIPMENT SHELTER. The structure in which the equipment for receiving and transmitting wireless communications is housed.

      (3)   STEALTH DESIGN. Camouflaging telecommunication facilities to minimize their visibility and blend them in with their surroundings.

      (4)   TOWER. A structure intended to support telecommunications transmission and receiving equipment such as monopoles, freestanding lattice structures and guyed lattice structures.

   YARD. An open space, other than a court, on a lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

   YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

   YARD, REAR. A yard opposite the front yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.

   YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and the nearest point of the main building.

   YARD, SIDE, LEAST WIDTH, HOW MEASURED. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, that if the proposed location of the right-of-way line of such street as officially established differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street so established.

   ZONING ADMINISTRATOR. The administrative official designated by the City of Flint with the responsibility for administering and enforcing this chapter and related ordinances.

   ZONING CERTIFICATE. A document authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

   ZONING DISTRICT. An area of the City in which certain structures, buildings and uses are permitted or prohibited, as set forth in this chapter, that is intended to protect and preserve the character of certain areas, to prevent the establishment of incompatible uses in close proximity to each other, and to regulate and provide for necessary and objectionable uses.

(Ord. 2046, passed 4-11-1968; Ord. 2829, passed 3-22-1982; Ord. 2832, passed 5-10-1982; Ord. 2845, passed 7-26-1982; Ord. 2910, passed 4-23-1984; Ord. 2972, passed 9-23-1985; Ord. 3015, passed 11-10-1986; Ord. 3053, passed 4-11-1988; Ord. 3275, passed 4-25-1994; Ord. 3465, passed 12-11-2000; Ord. 3660, passed 7-11-2005; Ord. 3705, passed 4-14-2008)

   In their interpretation and application of the provision of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and ample parking facilities.

(Ord. 2046, passed 4-11-1968)

   It is not intended by this chapter to repeal, abrogate, annual or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.

(Ord. 2046, passed 4-11-1968)

   This chapter (i.e., the “City of Flint Zoning Ordinance,” as amended) and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection or clause is adjudged unconstitutional or invalid, it is provided that the remainder of the this chapter shall not be affected thereby. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of this chapter to other property, buildings or structures shall not be affected thereby.

(Ord. 3062, passed 7-11-1988)

   Whenever any condition or limitation is included in an order authorizing a planned unit development or any special land use permit, variance, grading permit, zoning compliance permit, certificate of occupancy, site plan approval or any other zoning approval, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision thereof, and to protect the public health, safety and welfare, and that the office or body would not have granted the authorization to which the condition of limitation pertains except in the belief that the condition or limitation was unlawful.

(Ord. 3062, passed 7-11-1988)

   The City is hereby divided into 16 zoning districts as follows:

 

(Ord. 2046, passed 4-11-1968; Ord. 2770, passed 6-9-1980; Ord. 3048, passed 10-12-1987)

   No building, structure or premises shall be used or occupied; no building or part thereof or other structure shall be erected, raised, removed, placed, reconstructed, extended, enlarged or altered; and no lot shall be split, combined or otherwise modified except in conformity with the regulations specified in this chapter for the district, as shown on the official map, in which it is located, except as provided for in §§ 50-143 through 50-148. This provision shall not prohibit two or more adjacent lots from being treated as a zoning lot as defined in this chapter if they cannot be combined into one tax parcel by the City.

(Ord. 2046, passed 4-11-1968; Ord. 3706, passed 4-14-2008)

   No building, structure or premises shall be erected, altered or used so as to produce greater height, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for the building, structure or premises for the district in which it is located.

(Ord. 2046, passed 4-11-1968)

   No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this chapter.

(Ord. 2046, passed 4-11-1968)

   Height, area, yard and other limits on requirements for controlling the size of buildings and the open spaces about them as set forth in Tables A and B for each of the zoning districts, set forth in § 50-89. Additional standards and regulations are set forth in the following sections concerning districts, height modification and off-street parking and loading requirements.

(Ord. 2046, passed 4-11-1968; Ord. 2140, passed 7-7-1969; Ord. 2503, passed 6-9-1975)

   In any district which is or shall become built up or developed to such degree that preservation or maintenance of its particular character or general harmony of design carries special value to the general public, or bears substantially upon the economic well-being or the people of the district and the City, no building or structure shall be erected, nor any existing building or structure altered, the appearance of which upon completion of the work shall detract materially from that special value or economic well-being; provided, that this section shall not apply to any case where the weight of the restraint upon private ownership is shown to be greater than the benefit to the public of its enforcement.

(Ord. 2046, passed 4-11-1968)

   In any officially designated urban renewal areas, as defined in the Federal Housing Law, all uses within such area shall be conditional uses, notwithstanding any other provision of the district regulations contained in this chapter, commencing on time with the date of the resolution of the local public agency requesting Federal funding of a designated area, and ending on the date of final approval of the area renewal plan, or the expiration of 12 months, whichever be shorter period of time. All applications for building permits for new construction in such areas shall be referred to the Zoning Board of Appeals by the Building Inspector for action pursuant to § 50-160. No such application may be granted unless the Board shall affirmatively find that approval thereof does not or will not conflict with, obstruct or unduly interfere with the development of the area renewal plan, or the renewal program of the City.

(Ord. 2247, passed 2-15-1971)

   (a)   Generally.

      (1)   a.   These site plan review procedures are designed and instituted to promote the public health, safety and general welfare. This promotion of health, safety and welfare can be accomplished by:

            1.   Encouraging the use of land in accordance with its character and adaptability and avoiding overcrowding;

            2.   Providing adequate light and air;

            3.   Lessening congestion on the public roads and streets;

            4.   Reducing hazards to life and property; and

            5.   Conforming public services with the most advantageous uses of land, resources and properties.

         b.   Other considerations shall be the character of each site, its peculiar suitability for particular uses; the conservation of property values and natural resources; the general and appropriate trend and character of land, building and population development to the present use and character of the surrounding area.

      (2)   These site plan review procedures provide an opportunity for the Planning Commission of the City to review the proposed use and development of a site to determine compliance with existing ordinances relating to zoning, drainage, pedestrian and vehicular circulation, off-street parking, building relationships, public utilities, landscaping, accessibility and other site design elements which may have an adverse effect upon the public health, safety, morals and general welfare, as well as to provide for the interests of the property owner.

   (b)   Developments and uses requiring site plan review. A building permit shall not be issued for any structure until a site plan has been reviewed and approved by the Planning Commission. Every site plan submitted to the Planning Commission shall conform to the requirements of this section.

   (c)   Exceptions. A site plan shall not be required for the following developments:

      (1)   Single-family detached residential developments involving fewer than three dwelling units to be constructed by a single developer within 202 feet along the same street;

      (2)   Interior alterations, renovation or repair projects not involving a change in use;

      (3)   Addition, deletion, expansion, change, or conversion to a single-family dwelling or to an existing development, building, structure or use, which does not require additional off-street parking and which does not constitute an increase or decrease of 1,500 square feet or 20%, whichever is less, in the size of the building, structure or use area;

      (4)   Temporary structures, temporary parking or storage areas requiring permits as approved by the Building Code Board of Appeals; or

      (5)   Interior structural, mechanical and electrical work, maintenance, demolition or combination thereof.

   (d)   Information required on plans. The Planning Commission may waive any of the following requirements of information to be included on the site plan, provided that sufficient clarity and detail is shown on the drawings to indicate the nature and character of the development and/or use:

      (1)   An engineered site plan drawing with a legend showing every symbol used on the plan and its meaning;

      (2)   Developer name, address and telephone number;

      (3)   Date of site plan preparation and subsequent revisions;

      (4)   North arrow;

      (5)   Scale of not less than one inch equals 40 feet, if the subject site is less than three acres in size, or one inch equals 100 feet, if the subject site is three acres or more in size;

      (6)   Name, address and telephone number of the registered architect, engineer or land surveyor responsible for preparation of the site plan;

      (7)   The legal description of the lot;

      (8)   Vicinity map showing the site in relationship to streets, drainage courses, bodies of water and railroad lines;

      (9)   Dimensions of all property lines;

      (10)   The area of the lot stated in acres or, if less than an acre, in square feet;

      (11)   Existing zoning and land use within the boundaries of the site and of properties abutting the site;

      (12)   Relationship of the subject site to abutting properties and buildings within 100 feet if the proposed site is part of a larger site, the boundaries of the total site shall be indicated and the intended use of the remaining portions of the site;

      (13)   Existing and finished grade elevations using two-foot contours;

      (14)   Front, rear and side elevations of proposed building;

      (15)   Any anticipated increase in dust, odor, smoke, fumes, noise, lights or other objectionable features;

      (16)   Percentage of land covered by buildings and percentage reserved for open space;

      (17)   Location and dimensions of all existing and proposed principal and accessory buildings on the subject site, including height of proposed structures in feet and stories;

      (18)   Front, rear and side yard requirements for the zoning district in which the site is located;

      (19)   Actual front, rear and side yard setbacks to all existing and proposed structures on the site;

      (20)   In a residential development, the number of dwelling units, type of units, area per unit, and number of rooms;

      (21)   Location and width of any public or private rights-of-way or easements upon or contiguous to the site, whether they will be created, continued, relocated or abandoned; and the grade and type of construction of any rights-of-way or easements upon the site;

      (22)   Location of all existing and proposed parking areas, including location and typical dimensions of regular and handicapped spaces, with a schedule of parking needs;

      (23)   Location and dimensions of maneuvering lanes, driving lanes, curb-cuts, loading areas, service lanes and other service areas;

      (24)   Vehicular and pedestrian circulation, including ingress and egress;

      (25)   Acceleration, deceleration and passing lanes where required;

      (26)   Location and detail of site lighting, including location, type and height of existing and proposed exterior lighting;

      (27)   Buffer treatment of parking areas;

      (28)   Location and width of existing and proposed sidewalks on or bordering the subject site;

      (29)   Location of all existing and proposed utilities;

      (30)   Location, height and type of all existing and proposed walls or fences;

      (31)   Cross-section drawings of proposed walls, berms or fences;

      (32)   Existing driveways within 200 feet of the site;

      (33)   Dumpster pad location, screening and details;

      (34)   Location and dimensions of outdoor storage areas;

      (35)   Detailed planting plan and schedule of plant materials, including an inventory of existing and proposed vegetation on the site;

      (36)   Basic indication of existing and proposed drainage patterns and structures, including location and nature of any streams, drains, wetlands, unstable soils or fences designed to prevent soil erosion and a general description of method and location of storm water detention;

      (37)   Location, dimensions and content of all signage;

      (38)   A statement indicating the existing and intended use of the lot and structures upon it;

      (39)   Any ancillary improvements proposed to remedy or prevent problems created by the development; and

      (40)   Any other information concerning the subject site or adjacent lots that the Planning Commission determines is reasonably necessary to ensure compliance with this chapter.

   (e)   Preliminary review. Two copies of the site plan along with a site plan application and required fee shall be submitted to the Planning Official for preliminary review to ensure compliance with all City ordinances. In addition, the preliminary review shall ensure that a complete site plan has been submitted to the Planning Commission for its consideration. The designated planning official shall have a minimum of 15 business days to review the site plan and provide feedback to the applicant.

   (f)   Final review. After receiving feedback on the preliminary review, the applicant shall supply the City with 18 copies of the revised site plan, three of which shall be signed and sealed by a registered engineer architect or surveyor. The matter shall then be placed on the Planning Commission’s agenda for consideration.

   (g)   Planning Commission review. The approval, denial, or approval with limitations, conditions, modifications or alterations of a site plan by the Planning Commission shall be based upon the following standards.

      (1)   Approval, denial, or approval with limitations, conditions, modifications or alterations is consistent with the intent and purposes of this section.

      (2)   Existing streets, highways, walkways, intersections, road widths, traffic-control devices, deceleration lanes, service drives, entrance and exit driveways and parking areas provide proper access and circulation of traffic and are safe and convenient for pedestrian and vehicular traffic.

      (3)   The planned use and structures are compatible with the zoning district in which they are located, and are appropriate and in harmony with the appearance and essential character of the district.

      (4)   The planned use and structures are not hazardous or disturbing to existing or intended uses in the same general area.

      (5)   The planned use will not be objectionable by reason of excessive smoke, dust, light, glare, noise, vibration, odors or other objectionable features.

      (6)   The planned use and structures are adequately served by existing public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.

      (7)   The planned use and/or structure complies with all applicable provisions of this chapter, unless a variance has been granted by the Zoning Board of Appeals.

      (8)   The planned structure is accessible by emergency vehicles.

   (h)   Amendments to approved site plan. Minor changes to or deviations from an approved site plan may be approved by the Planning Official. The Planning Commission shall be notified of any such changes at its next regularly scheduled meeting. If the Planning Official concludes that the proposed changes are so substantial as to necessitate review by the Planning Commission, then another site plan review application shall be submitted to the Planning Commission with the appropriate fee.

   (i)   Expiration of approvals. The holder of an approved the plan must obtain a building permit from the City Building Official within one year after the date of issuance of the approved site plan. If such action is not taken within one year, the approved site plan shall be void and a new site plan application and appropriate fee shall be required. The Planning Commission may extend the period of site plan approval on request for up to one year, provided a request for the extension is made before the site plan expires.

   (j)   Building permits. The City Building Official shall not issue a building permit for construction until receiving a copy of the approved site plan and site plan application from the Planning Commission or Planning Official.

(Ord. 2412, passed 11-5-1973; Ord. 2458, passed 10-14-1974; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3427, passed 2-8-1999; Ord. 3485, passed 1-28-2002; Ord. 3634, passed 2-14-2005)

   The Building Official shall act upon all such applications on which he or she is authorized to act by the provisions of § 50-8.3 within 15 days after they are filed in full compliance with all the applicable requirements. He or she shall either issue a zoning certificate within the 15 days or shall notify the applicant in writing of his or her refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of refusal within 15 days shall entitle the applicant to zoning certificate, unless the applicant consents to an extension of time.

(Ord. 2458, passed 10-14-1974)

   (a)   It shall be unlawful for any owner, lessee or tenant to use or permit the use of any structure, building or land, or part thereof, created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate, which is a part of the building permit, shall have been issued by the Building Inspector. The zoning certificate shall show that the building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a zoning certificate; provided, that he or she is satisfied that the structure, building or premises, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this chapter.

   (b)   No permit for excavation or construction shall be issued by the Building Inspector, unless the plans, specifications and the intended use conform to the provisions of this chapter.

(Ord. 2046, passed 4-11-1968; Ord. 2412, passed 11-5-1973)

   (a)   Every application for a zoning certificate, which is part of the building permit, shall be accompanied by plans in duplicate drawn to scale, in black line or blue print, showing the actual shape and the dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure of proposed alteration of an existing building or structure which would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or art thereof; the number of families or dwelling units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighborhood lots as may be necessary to determine applicable standards and provide for the enforcement of this chapter. One copy of the plans shall be returned to the owner when the plans shall have been approved by the Building Inspector, together with such zoning certificate as may be granted.

   (b)   In every case where the lot is not provided and is not proposed to be provided with public water supply or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval of the Director of Health of the City of the proposed method of water supply or disposal of sanitary waste.

(Ord. 2046, passed 4-11-1968)

   The Building Inspector shall act upon all such applications on which he or she is authorized to act by the provisions of this chapter within 30 days after they are filed in full compliance with all the applicable requirements. He or she shall either issue a zoning certificate within 30 days or shall notify the applicant in writing of his or her refusal of the certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within the 30 days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.

(Ord. 2046, passed 4-11-1968)

   No fee shall be charged for an original zoning certificate applied with the application for a building permit, where such permit is required and issued under the Building Code of the City. For all other zoning certificates, there shall be a fee and charge therefor. The fee shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.

(Ord. 2046, passed 4-11-1968; Ord. 2770, passed 6-9-1980; Ord. 3427, passed 2-8-1999)

   It shall be unlawful for any owner, lessee or tenant to occupy any structure, building or land, or part thereof, erected, created, changed, converted or enlarged after April 26, 1968 unless a certificate of occupancy shall have been issued by the Building Inspector after inspection. Such certificate shall show and certify that all or part of the building, structure or premises has been constructed, altered or improved in compliance with the provisions of this chapter, the Building Code and other applicable laws, codes or regulations and all conditions and requirements stipulated by the Board of Appeals, if any. A temporary certificate renewable for one 6-month period, may be issued by the Building Inspector in those instances where due to weather, strikes and the like, full compliance with all controls has not been met and the issuance of the certificate would not endanger the safety and health of the occupants or public.

(Ord. 2046, passed 4-11-1968)

   (a)   No building or structure shall be erected, reconstructed or substantially repaired so that any part of the same shall be within 49-5/10 feet of the centerline of Saginaw Street.

   (b)   A building shall be deemed substantially repaired within the meaning of this section if reconstruction of the front is involved.

   (c)   The centerline of Saginaw Street within the meaning of this section shall be the center line of the street as originally laid out.

   (d)   It shall be the duty of the Building Inspector of the City to enforce this section.

   (e)   Any building permit issued by the Building Inspector which shall not be in compliance with this section shall be void.

(Ord. 39, passed 8-21-1923)

   It shall be the duty of the Building Inspector to enforce this chapter in accordance with the administrative provisions of the Building Code of the City and this chapter. All departments, officials and public employees of the City, vested with the duty or authority to issue permit or licenses, shall comply with the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void and of no effect whatever.

(Ord. 2046, passed 4-11-1968)

   In case any building is or proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, used or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, appropriate action or proceedings may be instituted to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct business or use in or about the premises.

(Ord. 2046, passed 4-11-1968)