Hamtramck City Zoning Code

GENERAL REGULATIONS

§ 155.110 EXISTING BUILDINGS AND USES.

(A) General. Lawfully established buildings and uses in existence when this chapter became effective shall be permitted to have their existing use or occupancy continued, except as otherwise authorized in this chapter or in state law, and such continued use is not dangerous to life.

(B) Additions, alterations, or repairs. Additions, alterations, or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter, and the addition, alteration, or repair conforms to that required for a new building or use.

(C) Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the code official shall be permitted to cause any structure or use to be inspected.

(D) Moved and temporary buildings, structures, and uses. Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures. Temporary buildings, structures, and uses, such as reviewing stands and other miscellaneous structures, sheds, canopies, booths, tents, or fences, shall be permitted to be erected, and a special approval is received from the code official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

(E) Illegal uses. Uses that were illegally established before the adoption of this chapter shall remain illegal and subject to the penalty provisions of this chapter.

(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)

§ 155.111 ACCESSORY BUILDINGS.

(A) General. Accessory buildings shall occupy the same lot as the principal use or main building.

(B) Separation from main building. All accessory buildings shall be separated from the main building by no less than ten feet. Attached private garages shall contain the setback requirements for the main building, and that such attached private garages are part of condominium developments. Attached accessory dwelling units shall be considered a component of the principal structure and shall comply with the height and setback requirements for the principal structure.

(C) Private garage. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard and that the such structure is setback not less than one foot and no more than three feet from the rear lot line, not less than ten feet from the principal building, and not less than a combined six feet on the sides with a minimum of not less than one foot on one side. Private garages shall not encroach into any recorded easements. A private garage shall be constructed with access only from a public alley. A garage shall be permitted to be constructed with access from a public street only if an accessible public alley does not exist or if there is an existing city authorized curb cut and an existing city authorized driveway. (Please reference definition of "garage, private" for more details).

(D) Shipping containers. No active commercial use, no power, no plumbing, no heat, no cooling, where the structure is located shall be allowed as dry storage use only in the Multi-Use District and Industrial District, subject to the following requirements:

(1) Shipping containers shall meet the requirements of this section and all other applicable construction codes.

(2) Shipping containers shall be on a combined lot or same lot with main commercial use building.

(3) Opaque fence or wall installation is required to screen the shipping container within the Multi-Use District. The fence or wall must match the height of the structure and screen the shipping container from street view and must have no gaps, holes, or missing sections.

(4) Shipping containers greater than 80 square feet and up to 600 square feet shall be required to be set on a four-inch concrete slab or other hard surface, as approved by the zoning official and building official, and have rat-walling around.

(5) Shipping containers greater than 600 square feet shall be required to rest on a foundation.

(6) Property owners or tenants applying for a newly placed shipping container are required to apply for a general use permit.

(a) General use permits must be renewed every three years.

(b) General use permits must be submitted by the property owner or submitted by the property tenant with the property owner's approval.

(d) Once applicant applies for a general use permit, the shipping container will be inspected by the Building Inspector. Reinspection will follow renewal or new property ownership and/or lease agreement.

(7) Shipping container dimensional requirements:

(a) Lot coverage. Lot coverage of the shipping containers shall be calculated to the total maximum log coverage of the lot.

(b) Setbacks. Minimum shipping container setback: Front: none; Rear: one foot; Sides: six feet or subject to approval for good reason by the Zoning Official and the Building Official. Shipping containers shall be constructed with a setback of ten feet from any residential dwelling.

(d) Stacking of shipping containers is prohibited.

(8) No shipping container shall be located in the front yard.

(E) Sheds. No active commercial use, no power, no plumbing, no heat, no cooling, where the structure is located shall be allowed as dry storage use only in the Residential District, Central Business District, and Multi-Use District, subject to the following requirements:

(1) Sheds shall meet the requirements of this section and all other applicable construction codes.

(2) Sheds in the Residential District and Central Business District shall be on a combined lot or same lot with main residential use building.

(3) Sheds in the Multi-Use District may be on a combined lot or same lot with main commercial use building or subject to be a standalone structure for good reason by the Zoning Official and Building Official. Standalone structures must be adjacent to the commercial property or shared corner. Standalone structures must be used for the registered, primary business and cannot be leased.

(4) Sheds greater than 80 square feet and up to 600 square feet shall be required to be set on a concrete slab and have rat-walling around.

(5) Sheds greater than 600 square feet shall be required to rest on a foundation.

(6) Property owners or tenants applying for newly placed sheds over 80 square feet are required to apply for a general use permit.

(a) General use permits must be renewed every three years.

(b) General use permits must be submitted by the property owner or submitted by the property tenant with the property owner's approval.

(d) Once applicant applies for a general use permit, the shed will be inspected by the Building Inspector. Reinspection will follow renewal or new property ownership and/or lease agreement.

(7) Shed dimensional requirements:

(a) Lot coverage. Lot coverage of the shipping containers shall be calculated to the total maximum log coverage of the lot, if applicable.

(b) Setbacks. Minimum shed setback: Front: none; Rear: one foot; Sides: six feet or subject to approval for good reason by the zoning official and the building official. Sheds shall be constructed with a setback of ten feet from any residential dwelling.

(8) No shed shall be located in the front yard.

(F) Solar energy systems. Solar energy systems, designed to service the energy needs of the property where the structure is located shall be allowed as an accessory structure in all districts, subject to the following requirements:

(1) Solar energy systems shall meet the requirements of this section and all other applicable construction codes.

(2) The design of the solar energy system shall conform to applicable industry standards.

(3) Solar energy systems shall be screened per the discretion of the Community and Economic Development Department.

(4) Solar energy systems shall meet height and setback requirements of the zoning district in which they are located.

(5) Solar energy systems shall be securely anchored to the ground or a permanent structure.

(6) A ground-mounted solar energy system shall comply with the accessory structure restrictions contained in the zoning district where it is located.

(7) All exterior electrical and/or plumbing lines must be buried below the surface of the ground in compliance with current code.

(8) Any solar energy system not used for one year or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property by the owner of the solar energy system.

(9) Upon request, the plan commission may grant waivers of the setback or height requirements, provided that the waiver will not present any undue hardships on adjoining properties. The Plan Commission shall take into consideration the support or opposition of adjacent property owners in granting waivers of setback or height requirements.

(G) Accessory dwelling units. Accessory dwelling units shall be considered a permitted use on lots of 3,000 square feet or larger in area or in the R, Residential district, subject to the following standards:

(1) The unit shall be connected to public water and wastewater systems.

(2) The unit shall include, at a minimum, a kitchen, bathroom, and sleeping area separate from the primary residence, and shall meet all provisions of the Building Code and regulations of the City's Housing Code before being issued a certificate of occupancy.

(3) The exterior design of an accessory unit, whether a detached structure or attached to the principal structure, shall be compatible with the existing residence on the lot.

(4) The building form, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.

(5) The accessory dwelling shall not result in excessive traffic, parking congestion, or noise.

(6) No more than one accessory dwelling unit shall be permitted on a single parcel.

(7) Accessory dwelling units intended to be rented shall comply with applicable City codes for non-owner-occupied units. An accessory dwelling unit shall be owned by the same person who owns the principal dwelling unit and the lot and shall not be sold separately from the principal structure and/or lot.

(8) Accessory dwelling units shall not encroach into any recorded easements.

(9) Attached accessory dwelling unit dimensional requirements:

(a) Attached accessory dwelling units shall be considered a component of the principal structure and shall comply with the dimensional requirements for the principal structure.

(b) Attached accessory dwelling units shall occupy no more than one-third of the total floor area of the principal structure.

(10) Detached accessory dwelling unit location and dimensional requirements:

(a) Location. Detached accessory dwelling units shall be permitted only in the rear yard of a lot.

(b) Setbacks. Detached accessory dwelling units shall be setback not less than one foot and no more than three feet from the rear lot line, and not less than a combined six feet from the side lot lines with a minimum of not less than one foot on one side lot line. Detached accessory dwellings shall be setback a minimum of ten feet from the principal building.

(c) Unit size. Detached accessory dwelling units shall have a minimum building footprint no greater than 600 square feet. The total floor area of all the floors within a detached accessory dwelling unit shall not be area greater than 66% of the total floor area of all the floors within the principal structure on the lot.

(d) Lot coverage. Detached accessory dwelling units shall be included in the calculation for maximum lot coverage for the lot.

(e) Height. A detached accessory dwelling unit shall have no more than two stories. A single story detached accessory dwelling unit shall not exceed 14 feet in height. A two-story detached accessory dwelling unit shall not exceed 28 feet in height.

§ 155.112 ALLOWABLE PROJECTIONS INTO YARDS.

(A) General. Eaves, cornices, or other similar architectural features shall be permitted to project into a required yard no more than 12 inches. Chimneys shall be permitted to project no more than two feet, and the width of any side yard is not reduced to less than 30 inches.

(B) Front yards. Open, unenclosed ramps, porches, platforms, or landings not covered by a roof shall be permitted to extend no more than four feet into the required front yard.

§ 155.113 PASSAGEWAYS.

(A) Residential entrances. There shall be a passageway not less than four feet in width leading from the public way to the exterior entrance of each dwelling unit in every residential building. The passageway shall be increased by two feet for every story over two.

(B) Location of passageways. Passageways shall be permitted to be located in that space set aside for required yards. Passageways shall be open and unobstructed to the sky and shall be permitted to have such projections as allowed for yards, and the users of the passageway have a clear walkway to the public way. Any space between buildings or passageways that has less width than that prescribed herein shall not be further reduced.

§ 155.114 OFF-STREET PARKING.

(A) General. When the main building is erected or experiences a change in use or when such buildings is altered, enlarged, converted, or increased in capacity, there shall be provided minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles under this requirements of this chapter.

(B) Parking space requirements.

(1) Required number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in Appendix B, and that any fractional parking space be computed as a whole space. No parking spaces shall be required for any uses in the Central Business District or Multi-Use (C2) District. Up to five spots of the parking requirement may be waived in the Residential District per the discretion of the CED Director when it is determined that doing so will not create a parking shortage in the surrounding neighborhood.

Use	Spots	Standard	Exception
Automotive self-service station, service station, repair shop	2	Per service stall
Automotive self-service station, service station, repair shop	2	Per pump (includes the pump)
Bar with dance entertainment permit, over 3,600 square feet	1	Per two people of maximum capacity
Car wash (automatic)	1	Per employee
Car wash (self-service)	2	Per stall (includes the stall)
Dwelling unit	1	Per dwelling unit
Financial institutions	2	Per drive up windows (includes the window)
Financial institutions		Per 300 square feet of gross floor area
Hotels/motels	1	Per guest room
Hotels/motels	1	Per 500 square feet of common area
Industrial/manufacturing/research/warehousing establishment	1	Per 500 square feet of gross floor area	C2
Laundromat	2	Per set washer/dryer
Medical/dental office	1	Per 200 square feet of gross floor area
Mortuary/funeral home	1	Per 50 square feet of gross floor area
Newly constructed professional office/personal service over 3,600 square feet	1	Per 1,000 square feet of gross floor area
Religious, cultural, and fraternal activities	1	Per every two seats based on maximum seating capacity
Religious, cultural, and fraternal activities	1	Per every 54 inches of bench seating
Schools (all)	1	Per faculty member
Schools with assembly halls	1	Per every two seats based on maximum seating capacity
Theaters, assembly halls over 5,000 square feet	1	Per every two seats based on maximum seating capacity
No parking requirements for the Central Business District (CBD) and Multi-Use (C-2) District for any use

(2) Combination of uses. If there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.

(3) Location of lot. The parking spaces required by this chapter shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot nor more than 500 feet radially from the subject lot within the same or less-restrictive zoning district.

(4) Sharing of parking. If, in the opinion of the code official, sufficient evidence is provided by a property owner that different uses operating in different structures at different times have a written agreement to allow for the sharing of parking spaces that shall meet the parking space requirements and location of lot as identified in this chapter, the code official may consider the required number of parking spaces to have been met. Such agreement shall be a condition of any certificate of compliance and shall be reviewed annually by the code official. If such agreement at any time is no longer in effect, the code official shall have the authority to revoke the certificate of compliance.

(5) Bicycle facilities. All developments in the Commercial District may be designed to accommodate bicycle travel, including bike racks. Per the discretion of the Community and Economic Development Director, parking structures and parking lots may be required to provide sufficient bike racks based on a minimum of one bike for every ten automobiles or one bike for every 3,000 square feet of building floor area, whichever is greater. The use of enclosed bicycle storage and/or shared facilities is encouraged.

(1) Width. A minimum width of nine feet shall be provided for each parking stall, with the following exceptions:

(a) Compact parking stalls shall be permitted to be eight-feet wide.

(b) Parallel parking stalls shall be permitted to be eight-feet wide.

(c) The width of a parking stall shall be increased ten inches for obstructions located on either side of the stall within 14 feet of the access aisle.

(2) Length. A minimum length of 20 feet shall be provided for each parking stall, with the following exceptions:

(a) Compact parking stalls shall be permitted to be 18 feet in length.

(b) Parallel parking stalls shall be a minimum of 22 feet in length.

(D) Design of parking facilities.

(1) Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:

(a) Private driveways shall be not less than nine feet and no more than ten-feet wide.

(b) Commercial driveways shall be not less than 12 feet and no more than 15-feet wide for one-way traffic and not less than 24 feet and no more than 27 feet wide for two-way traffic.

(2) Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed 20%. Transition slopes in driveways and ramps shall be provided under the standards set by the code official and the city's engineering firm.

(3) Stall accessibility. Each required parking stall shall be individually and easily accessible. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two dwelling units or other than residential uses. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.

(4) Compact-to-standard stall ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed one to two.

(5) Screening. A two-foot high buffer at the lot lines bordering a public way except an alley shall be provided for all parking areas of five or more parking spaces. The buffer shall be constructed of the same material used on the front facade of the main building or of shrubs.

(6) Striping. All parking stalls, except those inside a private garage or parking area for the exclusive use of a dwelling unit, shall be clearly striped.

(7) Lighting. All parking areas shall be illuminated. All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.

(E) Use of parking facilities.

(1) Storage. No motor vehicles or trailers shall be stored on any lot if the motor vehicle or trailer is not properly registered with the State of Michigan or does not display its proper current license plate as identified by its vehicle registration, unless such a motor vehicle or trailer is stored within a private garage.

(2) Repair. Except for emergency conditions, no repair of any motor vehicle shall be conducted outside of a private garage. Repairs of motor vehicles in private garages in residential zones shall be permitted only if the owner of the motor vehicle is repairing a motor vehicle of which a title is properly registered in his or her name, at the address that is shown on the title, and conducted by a person whose driver's license has the same address where the repairs are being performed and where the motor vehicle is registered.

(F) Requirements for residential driveways.

(1) Driveways in the residential district must hold at least two vehicles.

(2) Pervious driveway surfaces may be utilized to meet the landscape requirements of § 155.050(F)(9). Acceptable pervious pavements include porous asphalt or concrete and permeable pavers or others approved by the Building Official. Gravel and other loose aggregates are prohibited.

§ 155.115 LOADING SPACES.

(A) General. Loading spaces shall be provided on the same lot for every building in the I District. No loading space shall be required if prevented by an existing lawful building. The code official shall be authorized to waive this requirement on unusual lots.

(B) Size. Each loading space shall have a clear height of 14 feet and shall be directly accessible through a usable door not less than three feet in width and six feet, eight inches in height. The minimum area of a loading space shall be 400 square feet and the minimum dimensions shall be 20-feet long and ten feet deep

§ 155.116 GENERAL SCREENING AND LIGHTING REQUIREMENTS.

(A) Lighting. All private lights used for the illumination of dwellings or business establishments or for the illumination of business buildings or areas surrounding them, or the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business property. Lighting which is designed to illuminate the premises shall be installed in a manner which shall not cast direct illumination on adjacent properties.

(B) Screenwalls. Unless otherwise required in this chapter, all screenwalls shall be two and one-half to three feet in height and made of brick, stone, or other masonry materials matching the adjacent buildings as nearly as possible. Screenwalls may have openings no larger than the maximum opening required for pedestrian or vehicular access.

(C) Side and rear yard screening. Except as otherwise required in this chapter, all premises used for business, commercial, or industrial purposes shall be screened from abutting residential zones. Screening shall be any of the following and shall apply to side yard and rear yards:

(1) A natural buffer planted with evergreens or shrubbery which maintains their density and screening effect throughout the calendar year, not less than four feet in height when planted, and maintained in a neat and attractive manner commensurate with the adjoining residential district.

(2) An artificial wall or fence of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises, not less than five feet in height and maintained in a neat and attractive manner, commensurate with the adjoining residential district.

(3) For side yard screening, no such wall or fence shall terminate closer than 20 feet from any adjoining street right-of-way (or rear alley into which a lot has vehicular access/egress), to provide safe visual sight distances.

(D) Right-of-way. It is unlawful to construct any private fence or barrier within a public right-of-way.

§ 155.117 DUMPSTERS.

Outdoor trash containers or dumpsters shall comply with the following requirements:

(A) Adequate vehicular access shall be provided to such containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from main buildings. The placement of the dumpster shall be subject to site plan review.

(B) A solid ornamental screening wall or fence shall be provided around all sides of such containers. An access gate shall also be provided and be of such height as to completely screen the containers. The maximum height of walls, fences, and gates shall be six feet.

(C) The container or containers, the screening walls or fences, and gate shall be maintained in a neat and orderly manner, free from loose rubbish, waste paper, and other debris.

§ 155.118 LANDSCAPING REQUIREMENTS.

(A) General. Landscaping is required for all new buildings and additions over 500 square feet. The landscaping shall be completed within eight months from the date of the occupancy of the building.

(B) Front yards. Front yards required by this chapter shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls, and structures. No front yard shall be entirely covered in concrete or a concrete-like material, unless otherwise permitted by this chapter.

(C) Street-side side yards. All side yards flanking a public street shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls, and structures. No side yard flanking a public street shall be entirely covered in concrete or a concrete-like material.

(D) Rear yards. All rear yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls, and structures. No rear yard shall be entirely covered in concrete or a concrete-like material.

(E) Maintenance. All live landscaping required by this chapter shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized, and irrigated on a regular basis. All animal droppings shall be cleaned up and properly disposed of immediately upon discovery.

§ 155.119 GRADING AND EXCAVATION REGULATIONS.

(A) General. This section is intended to provide the city with fair and equitable grading practices.

(B) Grading responsibilities.

(1) Design standards. The grading design standards required herein shall be those found in nationally recognized standards.

(2) Protection of utilities. Public utilities or services shall be protected from damage due to grading or excavation operations.

(3) Protection of adjacent property. Adjacent properties shall be protected from damage due to grading operations. A person shall not excavate on land sufficiently close to any property line to endanger any adjoining public street, sidewalk, alley, or other public or private property, without supporting and protecting such property from any damage that might result.

(4) Inspection notice. The code official shall be notified not less than one full business day before the start of work.

(5) Temporary erosion control. Precautionary measures necessary to protect adjacent public or private property from damage by water erosion, flooding, or deposition of mud or debris originating from the site shall be put in effect. Precautionary measures shall include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion.

(6) Traffic control and protection of streets. Flaggers, signs, barricades, and other safety devises to ensure adequate safety when working on or near public streets shall be provided.

(7) Hazard from existing grading. When any existing excavation, embankment, or fill has become a hazard to life or limb, endangers structures, or adversely affects the safety, use, or stability of a public way, such excavation, embankment, or fill shall be eliminated.

(8) Tracking of dirt into public streets. Adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets shall be provided. The developer shall clean any dirt or debris tracked onto a public street within twenty-four hours upon discovery.

(9) Revegetation. The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground to cover plants or trees. Such plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage. A plan by a registered design professional shall be provided when required by the code official.

(10) Protection of trees. During development, building, renovating, or razing operations, the developer shall erect and maintain suitable protective barriers around all trees specified to be maintained so as to prevent damage to the trees and shall not allow storage of equipment, materials, debris, or fill to be placed in this area except as may be necessary for no more than 30 days, if no other storage space is elsewhere available, as prescribed in demolition specifications.

§ 155.120 HOME OCCUPATIONS.

(A) Conditions. Home occupations as identified in this section shall be permitted in all residential zones when the following conditions are met:

(1) A certificate of compliance and general business license shall have been issued by the appropriate licensing agents of the city;

(2) Such use is wholly confined within the dwelling unit (main building);

(3) The home occupation is not offensive and does not change the character of the principal structure;

(4) Such use is conducted only by permanent residents of the dwelling;

(5) Such occupation shall not require internal or external alterations or construction features;

(6) No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises if the occupation is conducted in a single-family dwelling. If the occupation is conducted in other than a single-family dwelling, such nuisances shall not be detectable outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in the line voltage off the premises;

(7) Such occupation is clearly incidental to the residential use to the extent that not more than 25% of the floor area of the main building shall be occupied by such occupation, including the storage of inventory and supplies;

(8) There shall be no exterior display or storage of goods on the premises, including in garages or accessory structures unless a special land use permit is obtained;

(9) Home occupations involving beauty shops or barbershops shall require a special land use permit;

(10) No sign of any nature shall be displayed;

(11) Such use does not generate traffic or a need for parking beyond that required for the dwelling unit, nor shall such use create any external effect not normally associated with a residential use, or otherwise adversely effect the pedestrian or vehicular circulation of the area;

(12) Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron with a vehicle is on the premises at the same time

(B) Allowable home occupations. The following home occupations shall be allowed:

(1) Accountant;

(2) Artist;

(3) Author/freelance journalist;

(4) Caterer/cook;

(5) Collector/hobbyist;

(6) Consultant;

(7) Instructor of a craft or fine art (with no more than four pupils at one time);

(8) Musician;

(9) Office;

(10) Photographer;

(11) Sales representative;

(12) Tailor/dressmaker/seamstress; and

(13) Technology technician.

(C) Home occupations not identified. The code official shall have the authority, upon application, to determine if a home occupation not identified in this section shall be permitted. An applicant who has been denied a certificate of compliance because the code official does not believe that the occupation is permitted by this chapter shall have the right to file an appeal of the code official's decision with the Board, whose decision shall be final.

§ 155.121 ADULT USES.

(A) Intent. The intention of the Common Council is to outlaw any form of adult uses in the city.

(B) Definitions. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein:

ADULT BOOKSTORE OR VIDEO STORE. An establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, video cassettes, films and other such visual media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section, or an establishment with a significant segment or section devoted to the sale or display of such material, unless such area is physically separated from the remainder of such establishment and which is accessible to adults only.

ADULT ENTERTAINMENT USE. Any adult bookstore or video store, adult mini-motion picture theater, adult motion picture theater, cabaret, massage parlor, adult personal service businesses, adult novelty businesses or any combination of such uses.

ADULT MINI-MOTION PICTURE THEATER. A building or any part thereof with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.

ADULT MOTION PICTURE THEATER. A building or any part thereof or a drive-in theater with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.

ADULT NOVELTY BUSINESSES. A business that has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

ADULT PERSONAL SERVICE BUSINESSES. A business having as a principal activity the provision of personal services to another person on an individual basis in a closed room while nude or partially nude. It includes but is not limited to the following activities and services: massage parlors, erotic rubs, modeling studios, body painting studios, wrestling studios, and individual theatrical performances.

SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of areola; and

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

SPECIFIED SEXUAL ACTIVITIES.

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Acts of human masturbation, sexual intercourse or sodomy; and