For the purpose of this Ordinance the following rules shall apply to the terminology in the text and the following definitions shall apply to words and phrases used in the text.

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to, and on the same zoning lot as permitted principal or special uses and structures in any zoning district.

Adult Entertainment Businesses. Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, but not including those uses or activities, the regulation of which is preempted by state law.

Alteration. Any change in size or shape, of a building or structure.

Awning. A roof-like cover located at the top of the store front and above windows meant to give shelter from the elements.

Bed and breakfast establishments. A private residence that offers sleeping accommodations to transient tenants in five (5) or fewer rooms for rent, is the innkeeper's residence in which the innkeeper resides while renting the rooms to transient tenants, serves breakfast at no extra cost to its transient tenants, does not involve the employment of persons other than the occupants of the residence, and has a properly operating smoke detector in every sleeping room and a properly operating fire extinguisher on every floor. For the purpose of this definition, a transient tenant shall mean a person who rents a room in a bed and breakfast establishment for fewer than fourteen (14) consecutive days.

Bracket. An overhanging member that projects from a structure (as a wall) and is usually designed to support a vertical load or to strengthen an angle.

Board of Appeals. The Zoning Board of Appeals of the City of Harrison.

Building. Any structure, either temporary or permanent, having a roof and walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind. A building shall include tents, mobile homes, manufactured housing, storage sheds, garages, greenhouses, pole barns, semi-trailers, vehicles situated on a parcel and used for the purposes of a building and similar structures. A building shall not include such structures as signs, fences, smokestacks, canopies or overhangs but shall include structures as storage tanks, produce silos, coal bunkers, oil cracking towers, or similar structures.

Building alignment or line. A line usually parallel to a front, rear or side property line beyond which a structure may not extend. This line is located at the point of the foundation of a principal building nearest to the front, rear or side lot line and generally does not apply to uncovered entrance platforms, porches, terraces or steps.

Building height. The vertical distance measured from the established grade at the center of the building at the front building line to the highest point of the roof surface in a flat roof, to the deck line for a mansard roof, to the mean height level between the eaves and the ridge for hip, gable and gambrel roofs.

Bulkhead. The bottom part of the storefront face that is typically one to two feet high and carries the storefront display window.

Campgrounds. Any parcel or tract of land, under the control of any person where sites are offered for the use of the public or members of an organization, either free of charge or for a fee for the establishment of temporary living quarters for five (5) or more recreational units. The definition of campground shall not include the Fairgrounds which has temporary camping which is not regulated by this zoning ordinance.

Canopy. A permanent roof-like cover located at the top of the store front entry door meant to give shelter from the elements. It is constructed of non-rigid materials except for the supporting framework.

Chattels. Movable property: an item of personal property that is not freehold land and is not intangible. Chattels are typically movable property chattels personal, e.g., furniture or cars, but may also be interests in property chattels real, e.g., leases.

Clinic. An institution for the medical treatment of humans or in the case of a veterinary clinic the medical treatment of small animals and dealing chiefly with outpatients.

Club or lodge. The room, building or other facilities used for the meetings of a group of people organized for a common purpose such as a fraternal organization or a society.

Co-locate. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Co-location" has a corresponding meaning. Co-locate does not include make-ready work or the installation of a new utility pole or new wireless support structure.

Decibel. A unit for measuring the amplitude of sounds, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure of 20 micropascals.

Drive-in facilities. Any place or premises which offers the sale of goods or services to customers in vehicles including those establishments where customers may serve themselves and use the goods or services on the premises.

Dwelling, single-family. A detached residential dwelling unit other than a mobile home, but including a modular home, designed for and occupied by one family only.

Dwelling, two-family. A detached residential building containing two dwelling units, designed for occupancy by not more than two (2) families.

Dwelling, multiple-family. A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling unit. One or more habitable rooms which are occupied or intended for occupancy by one family with facilities for living, sleeping, cooking and eating.

Essential services. Equipment and accessories reasonably necessary for the furnishing of adequate service by public utilities or governmental departments or commissions or for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the essential service equipment.

Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, texture and dimension of the building material, and the type, design, color and character of all windows, doors, light fixtures, signs and accessory elements.

Facade. The exterior wall of a building exposed to public view.

Family. An individual or two (2) or more persons related by blood or marriage or a group of not more than two (2) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

Flea market. A shop or open market selling antiques, used or new household goods, tools, handicrafts, curios and the like.

Front yard. The open space or minimum horizontal distance extending from the full width of the lot between a building or required setback and the front lot line.

Gasoline service station. Any structure or premises arranged, designed or used for the retail sales of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles and for the washing or polishing of such vehicles but not including the use of space or facilities for the refinishing of motor vehicles or for the dismantling for the purpose of reuse or resale of motor vehicles or parts thereof or for the outdoor storage or repair of motor vehicles or parts thereof.

Hardscape. Any exterior paving such as driveways, sidewalks, patios and terraces which are constructed of a brick paver, stone, compacted gravel, concrete or bituminous concrete surface.

Height of structure. The vertical distance measured from the established grade at the center of the front of the structure to the highest point of the structure whether it be a roof, wall, parapet or similar appurtenance of the structure.

High Water Elevation. A mark delineating the highest water level of a body of water which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high-water elevation is commonly that point where the natural vegetation and landscape changes from predominantly aquatic to predominately terrestrial.

Home occupation. Any occupation customarily conducted within a dwelling unit by its occupants as a subordinate use and within one room thereof; provided that:

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No stock in trade may be kept or article sold or offered for sale in the dwelling except such as are produced by such home occupation.

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No display of goods or signs pertaining to such uses are visible from any public way.

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No persons shall be employed other than dwelling occupants.

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No such home occupation shall be conducted in any accessory building.

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No such home occupation shall require interior or exterior alterations or the use of mechanical equipment except that customarily utilized for residential or office purposes.

Junkyard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles and also including an auto wrecking yard but not including uses established entirely within closed buildings. Kennel — Any premises on which dogs, cats or other household pets are maintained, boarded, bred or cared for, in return for remuneration or are kept for the purpose of sale.

Landscaping. Any modification or embellishment of the plant cover or hardscape pavement of a property or resource.

Loading space, off-street. Space logically and conveniently located for merchandise or passenger pickups and deliveries, located on the same lot with the use which it is to serve for the temporary parking of vehicles which are performing the said pickups and deliveries.

Lot. A parcel, tract or portion of land separated from other parcels or portions of land by description on a recorded plat or by metes and bounds description.

Lot, corner. Any lot having at least two (2) contiguous sides abutting upon one or more streets, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees. Any lot line separating the lot from any street shall be construed as a front lot line.

Lot, double frontage. Any lot including a corner lot as defined herein, and a lakefront lot having two (2) or more sides abutting on one (1) or more streets or on a street and a lake. Any lot line separating the lot from any street or a lake shall be construed as being a front lot line.

Lot line. Any line bounding a lot.

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Front Lot Line—The lot line separating the lot from the street or from a lake.

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Rear Lot Line—A line, or series of connected lines representing the boundary of the property usually opposite and usually most distant from the front property line. In the case of a corner lot only one rear yard will be required. In the case of any other double-frontage lot no rear yard will be required. In instances of converging side lot lines at the rear of the yard, an imaginary line ten (10) feet in length most nearly parallel with and furthest from the front lot line shall be construed as the rear lot line.

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Side Lot Line—Any lot line other than a front or rear lot line.

[Mini-warehouse] enclosed leased storage. A building divided into small storage units for the purpose of rental or leasing of the individual units on a contractual basis to non-commercial entities.

Mobile home. A manufactured relocatable residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking and sanitation located on a permanent foundation.

Mobile home park. A lot, parcel or tract of land used as the site of occupied mobile homes, including any structure, vehicle or enclosure used as part of the equipment of such mobile home park and licensed or licensable under the provisions of Act No. 243, P.A. of 1959, State of Michigan, as amended.

Modular home. A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flatbed and assembled for permanent location on the lot.

Nonconforming use or structure. Any use or structure which was lawfully existing immediately prior to the time this Ordinance became effective and which does not now comply with the requirements thereof.

Non-residential. Any resource containing commercial, office, institutional uses or mixed uses.

Parking space, off-street. Any space used for the off-street parking of motor vehicles in all districts in accordance with Section 503, this Ordinance [15.410].

Pool, private swimming. Any artificially constructed basin or other structure for the holding of five hundred (500) or more gallons of water for the use by the owner, his family or guests for aquatic sports or recreation.

Principal use. The primary or chief purpose for which a lot is used.

Public right-of-way or ROW. The area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of- way does not include any of the following:

(i)

A private right-of-way.

(ii)

A limited access highway.

(iii)

Land owned or controlled by a railroad as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462.109.

(iv)

Railroad infrastructure.

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

Public utilities facilities. Electric transformer stations, gas regulator stations, gas valve houses, booster stations, telephone exchange buildings and telephone repeater buildings, and other similar utility uses. Also referred to as Essential Services.

Rear yard. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the required setback.

Repair. To restore a decayed or damaged resource to a good and sound condition by any process. Repairs which do not change the exterior architectural appearance of a resource except through the elimination of the usual and expected effects of time and weathering do not constitute work.

Rooming house. Also referred to as a boarding home, lodging house, fraternity house, sorority house or dormitory. A dwelling having one kitchen and used for the purpose of providing lodging or lodging and meals for pay or compensation of any kind, to more than two persons other than members of the family occupying such dwelling.

Setback line. The line limiting the minimum horizontal distance between the front of a structure and the front property line.

Sign. Any device designed or intended to inform or attract the attention of any person.

Small Cell Wireless Communications Facilities Deployment Act. Public Act 365 of 2018, as amended, the Small Cell Wireless Communications Facilities Deployment Act.

Small cell wireless facility. A wireless facility that meets both of the following requirements:

(i)

Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet.

(ii)

All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Sorority house. SEE ROOMING HOUSE

Special use. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, location, size or relation to the surrounding area would be in the best interest of the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in accordance with the provisions set forth in Section 501, this Ordinance [15.330].

Story. That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50 percent, by cubic content, is below the height level of the adjoining ground. A basement is not counted as a story.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground including buildings, building walls, but not including open and uncovered decks, patios, terraces and similar outdoor areas.

Temporary building and use. A structure or use permitted by this zoning ordinance to exist during periods of construction of the main building or for special events.

Telecommunication system. A system of antennas, cables, amplifiers, towers, microwave lengths, and any other conductors, converters, equipment or facilities designed and constructed for the purpose of distributing communication services to homes and businesses.

Telecommunication tower. All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, micro-wave relay facilities, telephone transmission equipment buildings and private and commercial mobile radio facilities. Not included within this definition are: small cell wireless facilities; micro wireless facilities; citizen band radio facilities; short-wave receiving facilities; radio and television broadcast reception facilities; federally Licensed amateur (ham) radio facilities; satellite dishes, and governmental facilities which are subject to state or federal law or regulations which pre-empt municipal regulatory authority.

Topographical map. A map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.

Traffic impact study. The analysis of the potential traffic impacts generated by a proposed project. This type of study and level of analysis will vary dependent upon the type and size of the project.

(1)

Rezoning traffic impact study. A traffic impact study which contrasts typical uses permitted under the current and requested zoning or land use classification. This study usually includes a trip generation analysis and a summary of potential impacts on the street system.

(2)

Traffic impact assessment. A traffic impact study for land uses which are not expected to have a significant impact on the overall transportation system but will have traffic impacts near the site. This type of study focuses on the expected impacts of a development at site access points and adjacent driveways.

(3)

Traffic impact statement. A traffic impact study which evaluates the expected impacts at site access points and intersections in the vicinity.

(4)

Regional traffic impact study. A comprehensive traffic impact study for land uses expected to have a significant long-term impact on the street system. Such a study evaluates the impacts over a long period and may involve analyses of alternate routes. This type of study is typically prepared using a computer model which simulates traffic patterns.

Travel Trailer. Vehicular, portable structure built on a chassis, designed or used as a temporary dwelling for travel, recreational, and vacation uses.

Travel Trailer Park. An area or premises on which space available is rented, held for rent, or on which free occupancy or camping is permitted for travel trailer owners or users on a temporary basis.

Transition line. A horizontal line extending the full width of the facade expressed by a one foot material change, a trim line or a balcony a minimum of two and one-half feet in depth.

Use, lawful. A use or enterprise or purpose that is not contrary to federal, state, or local laws or ordinances.

Utility pole. A pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground.

Wireless facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include any of the following:

(i)

The structure or improvements on, under, or within which the equipment is co-located.

(ii)

A wireline backhaul facility.

(iii)

Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider. Any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with the City under this section, provides written authorization to perform the work on behalf of a wireless services provider.

Wireless provider. A wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the MPSC.

Wireless services. Any services, provided using permitted or unpermitted spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless services provider. A person that provides wireless services.

Wireless support structure means a freestanding structure designed to support or capable of supporting small cell wireless facilities. Wireless support structure does not include a utility pole.

Yard. An open space on the same lot with a structure, unoccupied and unobstructed on or above grade level which extends along a lot line and to a depth or width specified in the yard requirements for the zoning district in which it is located.

Yard, required front. The open space extending the full width between the side lot lines and also the full depth between the front lot line and the required setback line as specified for each zoning district.

Yard, required rear. The open space extending the full width between the side lot lines and also the full depth from the rear lot line to the line specified as the minimum distance a structure may be located from the rear lot line as specified for each zoning district.

Yard, total. The total yard, whether it be front, side or rear, is that yard that is the remaining space between the outside limits of the principal use or structure and the respective lot line. This total yard may contain a portion of the buildable area as well as the required yard on the lot.

Yard, total rear. The open space extending the full width between the side lot lines and also the full depth from the rear lot line to the rear of the principal structure located on the lot.

Zoning administrator. The duly authorized official of the City of Harrison who is responsible for the administering and enforcing of this Ordinance.

Zoning districts. The areas into which the City of Harrison has been divided and for which the regulations and requirements governing use and size of lots and structures are specified in this Ordinance.

All other terms and phrases, used herein shall be defined consistent with the Act.

(amend. by ord. no. 2019-19, adopt. Aug. 5, 2019)