A)

The following rules of construction apply to the text of this zoning appendix:

1)

The particular controls the general.

2)

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

3)

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

4)

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

5)

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

6)

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

a)

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

b)

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

c)

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

B)

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

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

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

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

Accessory building/structure. Any unattached subordinate building or structure the use of which is incidental to that of the main building and located on the same parcel as the main building. Accessory buildings and structures are permitted only in conjunction with a principal use and principal building on the same lot. Such buildings may only be constructed simultaneously with or after the construction of the principal building and may only remain in place while the principal building is present as well.

Accessory dwelling unit. See "Dwelling, accessory dwelling unit."

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

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

Affordable housing. Housing that qualifies with the Department of Housing and Urban Development affordable unit pricing standards.

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

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

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

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

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

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

Artisan/maker space. Non-residential space designed to be used for personal-scale, low-impact artisan production of wholesale goods.

Bar. An establishment or part of an establishment devoted primarily to the selling, serving, or dispensing of alcoholic beverages for on-site consumption. The sale of prepared food or snacks may also be permitted.

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

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

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

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

1)

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

2)

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

3)

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

4)

Building envelope. The physical enclosure that separates the conditioned and unconditioned environment of a building, including the resistance to air, water, heat, light and noise transfer.

5)

Building height. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard and gambrel roofs, and to the midpoint of the highest eaves and ridge for gable, and hip roofs.

6)

Building line. A line formed by the face of a building, and for the purpose of this appendix, a minimum building line is the same as a front setback line.

7)

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

8)

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

9)

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

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

Cellar. The portion of a building partly below the average grade and so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling, with a ceiling height of less than six and one-half feet.

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

Certificate of compliance. A document signed by the Director of Public Services as a condition precedent to the commencement of the legal use of a building that acknowledges that the structure complies with the Building Code.

Change of use or change of occupancy. Any change in the use of a site or the occupancy of a building that could trigger a change in the code requirements that apply to that site or building.

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

1)

Child care center. A facility that allows an individual, agency, or corporation to provide care for one or more children under the age of 13. Parents or guardians are not immediately available, and the center operates for more than two consecutive weeks. A child care center does not include:

a)

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

b)

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

c)

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

d)

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

2)

Child care home, family. A private home where care or supervision is provided for one to six unrelated children (where the licensee permanently resides as a member of the household), unattended by a parent or legal guardian. They must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs.

3)

Child care home, group. A private home where care or supervision is provided for seven to 12 unrelated children (where the licensee permanently resides as a member of the household) unattended by a parent or legal guardian. They must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs.

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

Club. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for a profit.

Community kitchen. A commercial kitchen for the production of food products to be marketed, sold, and consumed off-site.

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

Condominium.

1)

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

2)

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

3)

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

4)

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

5)

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

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

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

1)

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

2)

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

Coverage, lot. The percentage of lot area covered by the areas of buildings and structures.

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

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

Director of Public Services. The Director of Public Services oversees the plan review process and is the authority for reviewing administrative plans. The Director of Public Services refers to either the director themselves or their designee, which includes but is not limited to the Public Services Director, Public Services Director or the City Manager.

District. A portion of the incorporated area of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of this appendix.

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

Dry cleaner. See "laundry facility."

Dumpster. A permanent or temporary refuse container to collect waste from users on-site. Dumpsters may be front-end containers, roll-off containers to be hauled away rather than emptied on-site, compacting units or similar commercial containers in excess of one cubic yard in volume. Dumpsters must be fitted with lids that are kept completely closed and latched at all times except during filling and collection.

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

1)

Dwelling, accessory dwelling unit. An incidental and accessory dwelling unit to a primary single-family dwelling on the same lot. The accessory unit may be attached to or detached from the principal dwelling.

2)

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

3)

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

4)

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

5)

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

6)

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

7)

Dwelling, single-family, manufactured. A dwelling unit substantially built, constructed, assembled and finished off the premises upon which it is intended to be located, and which is similar in appearance to traditional site-built dwelling units.

8)

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

9)

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

10)

Dwelling unit. The building, or portion thereof providing complete, independent living quarters for one family.

11)

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

12)

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

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

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

Event hall. A special purpose room, or a building, used for hosting social and business events.

Excavation. Any breaking of ground, except common household gardening and ground care.

Exception. A use permitted only after review of an application by the Zoning Board of Appeals or City Council or a modification in the standards of this appendix specifically permitted after review by the City; such review being necessary because the provisions of this appendix covering conditions precedent or subsequent are not precise enough to cover all applications without interpretation and such review and exception is provided for by this appendix. An exception is not a variance.

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

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

Family.

1)

An individual or group of two or more persons related by blood, marriage, or adoption, including foster children and domestic employees, together with not more than two additional persons not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; or

2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition must not include any society, club, fraternity, sorority, association, lodge, coterie, organization, group of students, or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period or to licensed and approved foster care facilities.

Fence. Any structure of posts and boards, of palings or pickets, or rails, or of one or more strands of wire or lengths of pipe, or of woven wire or other material; any masonry wall without a roof; or anything similar to the foregoing including a "living fence" made of organic growing materials such as bushes, shrubs, hedgerows, or landscape berms, which is above ground and acts as a barrier to free and unobstructed passage. A fence does not include a guardrail.

1)

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

2)

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

Fenestration. Openings in the building wall, including windows, doors, louvres, vents, wall panels, skylights, storefronts, curtain walls, and slope glazed systems, which allow light and views between interior and exterior.

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

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

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

Food truck/cart. A vehicle equipped with facilities for preparing, cooking and selling food directly from the vehicle. Food trucks and carts are regulated as "mobile vendors."

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

1)

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

2)

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

3)

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

4)

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

5)

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

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

Funeral home or mortuary. An establishment where the dead are prepared for burial or cremation. A funeral home or mortuary does not include crematories.

Garage, commercial. A public facility for the storage, repair, rental, maintenance, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

Garage, private. An accessory building or portion of a main building to be used for the storage of noncommercial motor vehicles and not more than one commercially licensed vehicle of not greater than one ton capacity to be used by the occupants of the building to which it is accessory, and wherein no public shop or service is conducted and no retail, wholesale or other commercial storage is conducted.

Gas station. A place for the retail sale and dispensing of fuel, energy, or minor automotive accessories and services directly to users of motor vehicles. Such use may have retail sales of groceries and similar products. Vehicle wash facilities are permitted as an accessory use if already permitted in the zoning district.

Grade, established. For purposes of establishing the number of stories and the height of buildings, the elevation of the centerline of the streets as officially established by the Director of Public Services. If the ground is not entirely level, the grade is determined by averaging the elevation of the ground for each face of the building.

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

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

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

Home-based business. A business, occupation, or profession that occurs within a residential dwelling unit and results in a product or service that is clearly an accessory, incidental, and secondary use of the residential dwelling unit, which has no employees that live off-site, which does not engage in any on-site retail sales (type 1) or may engage in limited retail sales, or have up to one additional employee who lives offsite (type 2).

Home occupation. A business, occupation, or profession that results in a product of service that is clearly an accessory, incidental, and secondary use of a residential dwelling unit with no exterior evidence that a business is being conducted from the premises.

Hotel. A building or part of a building containing dwelling units or rooming units to be used primarily for transient temporary occupancy, at which maid, linen, bellhop, desk and similar services may be offered, and rooms may be equipped with basic entertainment and kitchenette facilities. Hotels may include restaurants, dining rooms, cocktail lounges, banquet and ball/meeting rooms.

Hote, boutique. Buildings or parts of buildings with a common entrance or entrances which by nature of their construction may fit better in a traditional commercial district, having between ten to 100 rooms for overnight stays.

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

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

Junk. Any used machinery, appliances, merchandise, scrap, metals, tools, implements, glass, plastic, cloth, paper, cordage, building materials, rubber tires or other waste the original use of which has been abandoned.

Junkyard. An area where junk, as described above is bought and sold, exchanged, stored, baled, packed, disassembled or handled.

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

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

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

1)

Buffer. A landscaped area composed of a wall, fence or landscape planting screen established and/or maintained to provide visual screening, noise reduction or transition between land uses.

2)

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

a)

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

b)

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

3)

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

4)

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

5)

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

6)

Greenbelt. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip.

7)

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

8)

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

9)

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

10)

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

11)

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

12)

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

13)

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

Laundry facility or dry cleaner. Laundry facilities range from coin-operated, self-serve laundromats where people wash their own clothes to large commercial facilities that clean sheets and towels for businesses such as hotels. At dry cleaning facilities, customers typically drop off clothing to be washed using water-free liquid solvents and retrieve it after cleaning.

Live/work. A property that combines residential living space with commercial, office or manufacturing space in which a resident may own and operate a small business typically on the ground floor of a multi-level unit.

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

Lot. A parcel of land considered or used as a single unit, occupied or intended to be occupied by a main and one or more accessory buildings with such yards and open spaces as are required under the provisions of this appendix.

1)

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

2)

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

3)

Lot, interior. A lot that fronts on only one street. An interior lot may abut additional alley rights-of-way.

4)

Lot lines. Any line dividing one lot from another, or a lot from an adjacent rights-of-way.

5)

Lot, through. An interior lot having frontage on two parallel or approximately parallel streets.

6)

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

7)

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

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

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

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

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

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

Materials recovery. The act of collecting, organizing, reclaiming and recycling junk, as described above here.

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

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

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

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

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

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

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

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

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

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

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

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

Nuisance. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, the following: noise; dust; smoke; odor; glare; fumes; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise from the congregation of people, particularly at night; passenger traffic; and invasion of nonabutting street frontage by traffic.

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

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

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

1)

Home equipment sale or rental services;

2)

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

3)

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

4)

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

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

Outdoor café. Any accumulation of tables, chairs, and other appurtenances related to and used for the sale of food and drink on private property, not fully enclosed by a structure, in conjunction and adjacent to with a restaurant on the same or adjacent property.

Outdoor dining area. Any area where food and other refreshments are served or consumed outside of a building or permanent structure either where permitted on private property or within the public right-of-way, particularly the sidewalk immediately in front of any food establishment, cafe, or place of business where food and/or other refreshments are served.

Outdoor sales. The outdoor display of products by a permanent business establishment or temporary retail operations including but not limited to farmer's market, sidewalk sales, seasonal sales (e.g. Christmas trees, pumpkins), art, vehicles.

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

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

Parcel. See "lot."

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

Parking lot. A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, designed and used for parking or storage of any vehicle by the public, whether or not for remuneration.

Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed including parking garages, deck parking and underground or under building parking areas. A parking structure can be the primary structure or accessory to another use.

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

Pawn shop. A facility where a pawnbroker conducts business.

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

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

Permanent resident. The person(s) occupying a dwelling unit as their principal residence.

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

Plant material retail. A place where plants largely for gardening, forestry or conservation biology, rather than agriculture are propagated and grown to a desired size. They include greenhouses and retail nurseries, which sell to the public; wholesale nurseries, which sell only to businesses such as other nurseries and to commercial gardeners; and private nurseries, which supply the needs of institutions or private estates. This includes florist shops for the sale of cut flowers and live plants as well.

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

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

Plug-in electric vehicle. For vehicle in general, see "vehicle."

1)

Plug-in electric vehicle (PEV). Any vehicle licensed and registered for operation on public and private highways, roads, and streets, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose. Includes an all-electric vehicle (EV) and a plug-in hybrid electric vehicle (PHEV).

2)

Plug-in electric vehicle (PEV) charging station. A public or private electrical component assembly or group of assemblies designated specifically to charge batteries within electric plug-in electric vehicles. Also known as electric vehicle supply equipment (EVSE). PEV charging stations include level 1, level 2, and level 3 charging, as follows:

a)

PEV charging station level 1: A PEV charging station that charges a PEV via a 120-volt AC outlet (a standard household electrical outlet).

b)

PEV charging station level 2: A PEV charging station that charges a PEV at a voltage between 208 and 240 volts on a dedicated circuit of 20 to 80 amps.

c)

PEV charging station level 3: A PEV charging station that charges a PEV at a voltage greater than 240 volts. Also known as DC fast charging and best suited to a public fueling station.

3)

Plug-in electric vehicle (PEV) charging space. Any public or private designated parking space that is served by a PEV charging station and identifies the use to be dedicated exclusively for the active charging of a PEV.

Porch. A covered projection on a building or structure containing a floor, which may be either totally enclosed or open, except for columns supporting the porch roof, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Portable on-demand storage structure. Any portable container, portable storage unit or other portable structure that is used for the temporary storage of personal property which is located outside an enclosed building, commercially known as "pods." The storage unit is delivered to a lot, unloaded from a truck, and left on the lot to be packed or unpacked by the occupant of the lot over a period of time, with a truck returning at a later date to remove the storage container. The term does not include normal sheds.

Premises. Real property, and all fixtures and improvements, including the dwelling, located on it.

Principal residence. The dwelling unit where an owner of property has their true, fixed, and permanent home to which, whenever absent, they intend to return and will continue as a principal residence until another principal residence is established. For purposes of determining if a dwelling unit is a principal residence, the chief determinant is if the property has been issued a principal residence exemption by the City Assessor.

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

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

Property line. See "lot line."

Public/municipal buildings. Buildings that are publicly owned and are available for public use, as distinguished from buildings that are publicly owned but are intended for private use, e.g. public housing. This also includes temporary uses for a public or municipal purpose, such as voting locations.

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

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

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

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

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

1)

Religious institution, major. Has a fire code occupancy level of greater than 100 people.

2)

Religious institution, minor. Has a fire code occupancy level of 100 people or less.

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

Restaurant. Any establishment whose principal business is the sale of food, frozen desserts, or beverages to the customer in a ready-to-consume state.

1)

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

2)

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

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

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

School. An institution for educating people.

1)

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

2)

School, middle. A school intermediate between an elementary school and a high school, typically for children in the six to eight grades.

3)

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

4)

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

5)

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

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

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

Senior living. A facility having as its primary function the housing of senior citizens. This may be defined as an independent living facility, where residents function independently, coming and going on their own. It may also be defined as an assisted living facility in a location other than a hospital, which renders 24-hour care for daily living for extended periods of time to persons afflicted with illness, injury, or an infirmity, including accessory uses that provide services to the residents, staff, and visitors. Such support may include meals, security, and housekeeping, daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.

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

Short-term rental. The rental or subletting of any dwelling on a premises for a term of 28 days or less. Short-term rentals include investor-owned and principal residence.

Short-term rental, investor-owned. A premises that is not the principal residence of the owner and where all or part of the on-premises dwelling is rented as a short-term rental. If the property has not been issued a principal residence exemption by the City Assessor, there must be a rebuttal presumption that it is investor-owned for the purposes of this appendix.

Short-term rental, principal residence. A premises whose owner is the permanent resident and operates a short-term rental on the premises.

Sidewalk café. Any accumulation of tables, chairs, and other appurtenances relates to or used for the sale of food and drink on public sidewalks or public parking spaces, not fully enclosed by a structure, in conjunction with a restaurant on an adjacent property.

Sign. See Article 7, Signage.

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

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

Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including: topography, vegetation, drainage, flood plains, marshes, waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

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

Special land use. A conditional use permitted only after review and approval by the Planning Commission.

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

Story, one-half. A story located beneath a gable, hip, or gambrel roof where the wall plates on at least two opposite exterior walls are no more than two feet above the floor of the story. Up to 60 percent of the floor area directly below may be constructed as a half-story, provided it meets the minimum ceiling height requirements of the building code. Any expansion beyond these parameters is considered a full story.

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

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

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

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

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

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

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

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

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

Townhome. A series of attached single-unit dwellings that are separated from the adjacent dwelling unit by a structurally independent wall extending from the foundation through the roof. Townhomes have unobstructed front and rear walls to be used for access, light, and ventilation.

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

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

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

Variance. A deviation to the provisions of this appendix granted by the Zoning Board of Appeals.

1)

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

2)

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

Vehicle. For definitions related to plug-in electric vehicles, see "plug-in electric vehicle."

1)

Vehicle sales. The sales of automobiles or other motor vehicles that are incidental to the primary use of an approved vehicle repair shop.

2)

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

3)

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

Vendor truck. A truck, camper, trailer, tent, stand or similar mobile structure used to sell food, merchandise, goods, wares or services from a fixed location.

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

Visible light transmission (VLT). The amount of light that is or will be allowed to pass through a specified sheet of glass, from one side to the other, that has, in turn, not been blocked by the tinging of that glass pane, the addition of reflective material on any surface, or the inherent composition of that glass material.

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

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

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

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

Yard, lakefront. An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the water body and the front (water-facing) line of the building, projected to the side lines of the lot. It is the minimum horizontal distance between the waterfront lot line and the nearest line of the main building. Its depth is measured between the front line of the building and the waterfront line.

Yard, rear. An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the principal building, projected to the side lines of the lot and measured between the rear line of the lot and the rear line of the principal building. This provision is not construed to prohibit parking of an owner's or occupant's motor vehicle or the construction of necessary accessory buildings within a rear yard, subject to other provisions in this appendix. "Rear yard" for the purpose of locating structures can include one-half the depth of an adjacent alley for calculating lot coverage for structures, and not to be included in calculation of impervious surfaces. For lakefront properties, the rear yard constitutes that open, unoccupied space between the street and the rear (land-facing) line of the principal building.

Yard, side. An open, unoccupied space on the same lot with the main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard is the front line of the lot. If no rear yard is required, the rear boundary of the side yard is the rear line of the lot. This subsection is not to be construed to prohibit the parking of an owner's or occupant's motor vehicle within a side yard, subject to other provisions in this appendix.

Zoning district. A portion of the City 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 by this appendix.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)