The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or structure on the same premises with a main building, occupied or devoted to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or a roof, such accessory building shall be considered part of the main building.

Accessory use means a use naturally and normally incidental and subordinate to a principal use on the same premises.

Adult day care home means a private dwelling in which persons 18 years or older are provided supervision, personal care and protection for periods of less than 24 hours a day, operated by a person who permanently resides as a member of the dwelling.

Adult foster care facility means a governmental or nongovernmental establishment that provides foster care to adults. Adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. "Adult foster care facility" does not include any of the following:

1. A nursing home licensed under article 17 of the public health code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.20101—333.22260).
2. A home for the aged licensed under article 17 of the public health code, Act No. 368 of the Public Acts of Michigan of 1978.
3. A hospital licensed under article 17 of the public health code, Act No. 368 of the Public Acts of Michigan of 1978.
4. A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of mental health under the mental health code, Act No. 258 of the Public Acts of Michigan of 1974 (MCL 330.1001—330.2106).
5. A county infirmary operated by a county department of social services under section 55 of the social welfare act, Act No. 280 of the Public Acts of Michigan of 1939 (MCL 400.55).
6. A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111—722.127), if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:
   1. Two, if the total number of residents is ten or fewer.
   2. Three, if the total number of residents is not less than 11 and not more than 14.
   3. Four, if the total number of residents is not less than 15 and not more than 20.
   4. Five, if the total number of residents is 21 or more.
7. A foster family home licensed or approved under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111—722.127), that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.115).
8. An establishment commonly described as an alcohol or a substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home or a hotel or roominghouse that does not provide or offer to provide foster care.
9. A facility created by Act No. 152 of the Public Acts of Michigan of 1885 (MCL 36.1—36.12).

Adult foster care family home means a private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Adult foster care large group home means an adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

Adult foster care small group home means an adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

Alteration of building means a change in the supporting members of a building; an addition, diminution, change in use or conversion of a building or a part thereof; or the removal of a building from one location to another.

Antennas, private communication, means an apparatus installed out-of-doors that is capable of receiving or transmitting communications for radio and/or television, including satellite dish reception antennas and amateur radio transmitting and receiving antennas but excluding such antennas as commercial radio and television and microwave communication towers. Excluded are such other facilities as have been preempted from city regulations by applicable state or federal laws and regulations.

Apartment means a dwelling unit within a building containing three or more dwelling units.

Automobile sales area means an area used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Average grade means the elevation of the surface of the earth or finished material located immediately adjacent to a structure. Where the grade is not approximately level, the average grade shall be determined by averaging the elevations measured at one point on each side of the building located half the distance between the corners of each side of the building.

Awning: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Bed and breakfast means a use subordinate to the principal use of a dwelling unit as a single-family unit and a use in which transient guests are provided a sleeping room and breakfast in return for payment for no more than 30 consecutive days.

Billboard or signboard means any structure or portion thereof on which lettered, figured or pictorial matter is displayed for advertising purposes, not related to the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon; or any such structure or portion thereof the area of which, devoted to advertising purposes, exceeds 100 square feet. This definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands.

Bluff means the top of a steep bank rising from the ordinary high water mark on a lot or parcel.

Board means the board of appeals.

Building means any enclosed structure having a roof supported by columns, walls or other support used for the purpose of housing or storing of persons, animals or property, or carrying out of business activities, or similar uses.

Building height means the elevation measured from the average finish lot grade at the front of the building to the highest point of the roof. In the case of a sloped roof, the measurement is taken from the average finish lot grade at the front of the building to the mid-height between the roof eave and the highest point of the roof, regardless of the shape of the roof.

Canopy means a roof-like cover that projects from the wall of a building or is freestanding for the purpose of shielding a specific area from the elements.

Carport means any roof structure or shelter or portion of a building (open on two or more sides), whether attached to another building or not, used for the purpose of storing motor vehicles.

Child care homes

1. Family child care home means a private residence in which less than eight minor children are given care and supervision for periods less than 24 hours per day, operated by a person who permanently resides as a member of the household, as licensed and/or registered and regulated by the State of Michigan under Act No. 116 of Public Acts of 1973.
2. Group child care home means a private residence in which more than seven, but less than fifteen minor children are given care and supervision for periods of less than 24 hours per day, operated by a person who permanently resides as a member of the household, as licensed and/or registered and regulated by the State of Michigan under Act No. 116 of Public Acts of 1973.
   

Child care center means any facility in which one or more children are given care and supervision for periods of less than 24 hours per day on a regular basis. Child care centers do not include family or group day care homes, or schools. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meetings, or by a fitness center or similar operation, shall be considered accessory to such principal use and shall not be considered to be a child care center.

Churches, synagogues or other similar places of worship means a building the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses including, but not limited to, parsonages, convents and similar living arrangements; assembly halls; kitchens; food pantries and similar food preparation facilities; classrooms; gyms; and playgrounds.

Clinic means an establishment where human patients are admitted for examination and treatment by a group of state licensed physicians, dentists or similar professionals on an outpatient basis. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation.

Club means the buildings and facilities owned or used by a nonprofit organization of persons for special purposes or for the promotion of sports, arts, sciences, literature, politics, social activities and other similar group activities.

DAS/small cell/wireless network shall mean any distributed antennae system or small cell telecommunication or data wireless network.

DAS/small cell/wireless network facilities means structures of any nature installed and/or operated for the provision of telecommunication or wireless services, including without limitation, antennas, supporting structures for antennas, poles, equipment shelters or houses, and any ancillary equipment.

Deck means an uncovered platform which extends above grade and which may have a railing but no walls.

Decorative or protective wall shall mean a freestanding wall intended to provide screening, visual enhancement through a pleasing appearance, or security.

Dish antenna means a parabolic dish or similar equipment designed to receive satellite, radio, television and microwave communication.

Dwelling, efficiency means a dwelling unit of not more than one room in addition to a kitchen and a bathroom.

Dwelling, multiple-family means a building containing three or more dwelling units built one on top of another, or built side-by-side and which do not have a ground-to-roof wall, and have common facilities (i.e. attic, basement, heating plant, plumbing, etc.)

Dwelling, single-family attached means a dwelling unit that shares a common party wall, usually on both sides of the property; that is separated by a ground-to-roof wall; that has no units located above or below; and, that does not share heating/air conditioning systems or utilities, such as townhouses and rowhouses. Dwelling, single-family detached means a dwelling unit that is free of any shared walls and stands alone.

Dwelling, two-family means a detached building designed exclusively for and containing two dwelling units only. A two-family dwelling is also a duplex.

Dwelling unit means one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, and which contains cooking, sleeping and sanitary facilities for the exclusive use of a single-family household.

Dwelling unit, attached means a dwelling unit attached to one or more dwelling units by common major structural elements.

Dwelling unit, detached means a dwelling unit which is not attached to any other dwelling unit by any means.

Dwelling unit, modular, means a prefabricated transportable dwelling unit designed to be incorporated at a building site into a structure on a permanent foundation to be used for residential purposes and which meets the requirements of the building code of the city.

Essential public service equipment means wires, mains, drains, sewers, pipes, valves, pumps, conduits, cables, fire alarm and police call boxes, traffic signals, fire hydrants, post office boxes, streetlights, or similar equipment located either entirely underground, or on poles not greater than 30 feet in height, but not including essential public service structures or buildings. DAS/small cell/wireless network and DAS/small cell/wireless network facilities shall not be included in this definition.

Essential public service structures or buildings means buildings or structures owned and operated by public utilities or municipal departments and used for gas, electrical, steam, fuel, water or sewage treatment or disposal, electrical substations, sewage lift stations not located entirely underground, and similar structures or buildings necessary to furnish adequate service within the city, but not including essential public service equipment. DAS/small cell/wireless network and DAS/small cell/wireless network facilities shall not be included in this definition.

Family means an individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and legal wards of the principal occupants plus two other individuals unrelated to the principal occupants who are domiciled together as a single housekeeping unit in a dwelling unit.

Fence means a structure consisting of manmade materials intended for use as a barrier for property ingress or egress, a screen from adjacent properties and/or for decorative use. A wall is also considered to be a fence.

Floor area means the area of all floors computed by measuring the dimensions of the outside walls in a building excluding attic and basement floors, porches, patios, terraces, breezeways, carports, verandas and garages.

Food Truck means a motorized or non-motorized vehicle designed as a complete and transportable unit and used as a mobile business to sell food and/or beverages from a stationary location during serving hours. Food trucks exclude structures installed with a permanent foundation, tent-walled structures, and mobile food trucks which distribute food and/or beverages as driven throughout a community (e.g., mobile ice cream truck).

Food Truck Park means three (3) or more food trucks that congregate at an established private property location to offer food and/or beverages for sale to the public as the principal use of the land.

Foster care facility means an establishment that provides supervision, assistance, protection or personal care, in addition to room and board, to persons. A foster care facility is other than a home for the aged or nursing home, licensed under Article 17 of the public health code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.20101 et seq.), or a mental hospital for mental patients licensed under sections 134—150 of Act No. 258 of the Public Acts of Michigan of 1974 (MCL 330.1135 et seq.).

1. Family home means a facility that provides foster care to six or fewer persons.
2. Group home means a facility that provides foster care to seven or more persons.

Garage, private, means an accessory building or portion of a main building used primarily for the storage of passenger vehicles and for not more than one truck of a rated capacity not exceeding three-quarter ton.

Gasoline station means a place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, including sale of vehicle accessories, travel aides, food items, and tangible consumer goods. Oiling and light motor service may also be offered on the premises, but in no case shall include minor or major vehicle repairs.

Home occupation means an occupation or profession that is customarily incidental and secondary to use of residential dwelling unit, as regulated by this chapter.

Homes for the elderly, retired, or those requiring assisted care means a facility, for persons 55 years or older or for those requiring extended care, including convalescent or nursing homes, but not including a hospital, which either provides or offers a level of care to its residents required to be licensed by the state or contains individual resident rooms or dwelling units with or without separate cooking facilities.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, and training facilities.

Household means a family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

Junk or salvage yard means an open unscreened area used for the collection, storage, dismantling, disassembly, dumping, display, resale, exchange, baling, cleaning or handling of secondhand, salvaged or used waste, materials, machinery, vehicles, trailers, equipment, furnishing or parts thereof but excluding automobile, boat or trailer sales areas and uses carried on in completely enclosed buildings or screened from view of the public and adjoining properties.

Kennel, commercial, means any lot or premises on which three or more dogs, three or more cats, or any combination of three or more dogs and cats six months of age or older are either permanently or temporarily boarded, bred or raised for commercial purposes, but not including a veterinary hospital if animals are boarded only during periods necessary for treatment or recuperation. Retail stores selling animals such as pet stores are not commercial kennels.

Landscape screen means plant materials arranged and planted so as to screen or block the view from adjacent properties or to serve as a barrier for ingress and egress or for decorative purposes.

Large single rear axle truck means a type of large truck that has a single frame and uses only one drive axle in the rear and can include, but is not limited to, a straight (box) truck, tow truck, dump truck, and utility/service truck.

Lot means a parcel or portion of land, exclusive of any adjoining street, separated from other parcels or portions by description as on a subdivision or record of survey map.

Lot area means the area contained within the lot lines or property boundary.

Lot, corner, means a lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the centerlines of the street is 135 degrees or less or a lot abutting upon a curved street or streets if tangents to the curve at the two points where the lot lines meet the centerline curve from an interior angle of 135 degrees or less.

Lot coverage means the percentage of the lot covered by the ground floor of principal and accessory buildings and structures.

Lot depth means the distance between the front line and the rear lot line measured along the median between the side lot lines.

Lot, double-frontage, means any lot, excluding a corner lot, that fronts on two streets that do not intersect.

Lot, interior, means a lot that has frontage on only one street.

Lot line, front, means the lot line separating a lot from a street right-of-way, private road or other thoroughfare.

Lot line, rear, means the lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary line ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.

Lot line, side, means any lot line other than a front or rear lot line.

Lot lines means the lines bounding a lot.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

Manufactured housing means a mobile home or modular dwelling unit, a dwelling room or rooms, or a building component designed for long-term residential use and is wholly substantially constructed at an off-site location.

Marihuana Establishment means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana related business licensed by the department.

Marihuana Grower means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.

Marihuana Safety Compliance Facility means a person licensed to test marihuana, including certification for potency and the presence of contaminants.

Marihuana Processor means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

Marihuana Microbusiness means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

Marihuana retailer means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older. Marihuana Secure Transporter means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

Marijuana, also known as marihuana, also known as cannabis shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marijuana used in this chapter and not otherwise defined shall have the meaning given to it in the Michigan Medical Marijuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act.

Marquee means any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.

Medical (use of) marijuana means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq.

Medical marijuana dispensary means any business, facility, association, cooperative, location, or operation, which is operated for profit or nonprofit, whether fixed or mobile, where medical marijuana is made available to be sold, used, grown, processed, delivered, or distributed by or to one or more of the following:

1. A primary caregiver as defined by Michigan Initiated Law 1 of 2008 as amended.
2. A qualifying patient as defined by Initiated Law 1 of 2008 as amended.
3. Members of the public.

A medical marijuana dispensary shall also include any place, location, facility, cooperative, or operation, which is operated for profit or nonprofit, whether fixed or mobile, where medical marijuana is smoked or consumed by three or more persons at one time.

A medical marijuana dispensary shall not include the dispensation of medical marijuana by a primary caregiver personally dispensing to not more than five qualified patients in strict accordance with the Michigan Initiated Law 1 of 2008, as amended, so long as the lawful amount of medical marijuana is delivered to the qualifying patient where the qualifying patient resides and it is done in full compliance with this chapter as well as all other applicable city ordinances and applicable Michigan and Federal laws, rules and regulations.

A medical marijuana dispensary shall also not include the following uses: a state-licensed health care facility; a state-licensed residential care facility for the elderly or infirmed; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the City of Hastings and applicable Michigan and Federal laws, rules, and regulations. Mobile home means a structure transportable in one or more sections, which is built on a chassis and designed to be used as a single dwelling unit with or without permanent foundation, when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

Mobile home site means the entire area of ground within a mobile home park designated for use by a specific mobile home.

Motels means groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade, commonly known as tourist cabins or motor courts, and as distinguished from furnished rooms in an existing residential building.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of this chapter or amendments thereto, but not conforming to the current provisions of this chapter. A building shall not be considered to be a lawfully nonconforming building if it becomes nonconforming as the result of the sale of a portion of the parcel upon which a formerly conforming building was located.

Nonconforming use means a use which is lawfully exercised within a structure or on land at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of the district in which it is located.

Non-residential use means land and/or buildings containing uses other than dwelling units.

Open-air business means a business, a substantial part of which involves activities or the display and sale of goods outside of a building, including motor vehicle and boat sales, mobile home sales, lawn and garden centers, golf driving ranges, and similar uses.

Open space preservation project means a single-family development where a portion of the site is permanently preserved in an undeveloped state in accordance with Act 179 of PA 2001 as amended.

Ordinary high water mark means the line between upland and bottomland that persists through successive changes in the water level, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.

Delineation of the ordinary high water mark entails the identification of the indicators on the bank of a river or stream and the transition line between, aquatic vegetation (such as sedges and cattails) and terrestrial vegetation (perennial grasses and woody shrubs) or the scour line exposed earth on the bank (from constant erosion) and terrestrial vegetation.

On any river or stream where the ordinary high water mark cannot be found, the top of the lowest stream bank on either side of the stream shall substitute. In braided channels, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature.

Overhang means the part of a roof or wall that extends beyond the facade of a lower wall.

Parking area means an open area, other than a street or other public way, used for the parking of motor vehicles and available for public or private use whether for a fee or as an accommodation for clients, customers, residents or employees.

Pennants means triangular shaped pieces of cloth, plastic, or similar nonrigid material strung together by rope, cord, string or wire. A pennant is not a banner or streamer.

Petroleum bulk plant means an establishment for the storage of petroleum products in bulk and in packages for distribution by tank car, tank vehicle or motor truck.

Planned unit development or PUD means a development planned and built as a single entity that may contain a mix of housing types and nonresidential uses and is based upon an approved site plan that allows flexibility of design not available under normal zoning district requirements.

Principal or main use means the primary or predominant use of the premises.

Private swimming pool means any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 300 gallons of water.

Public and institutional use means a nonprofit or quasi-public use or institution such as a library, civic center, hospitals, park, playground or any governmental-owned or governmental-operated use, building or structure or any land used for public purpose excluding public schools and buildings, structures and property owned and operated by Barry County.

Recreational vehicle means a vehicular unit not exceeding 36 feet in overall length, eight feet in width, or 12 feet in overall height, which complies with one of the following specific vehicle types:

1. Camper trailer means a folding or collapsible vehicular unit, without its own power designed as a temporary living quarters for travel, camping, recreation and vacation uses, licensed and registered for highway use.
2. Travel trailer means a vehicular unit, without its own motive power, designed as a temporary living quarters for travel, camping, recreation and vacation use, licensed and registered for highway use.
3. Truck camper means a portable vehicular unit, without its own motive power, designed to be transported on a power vehicle as a temporary living quarters for travel, camping, recreation and vacation use, and, in combination with the carrying vehicle, is licensed and registered for highway use.
4. Motor home means a vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed as a temporary living quarters for travel, camping, recreation and vacation use, and licensed and registered for highway use.
5. Boat trailer means a vehicular unit without its own motive power, designed to transport a recreational water vessel for recreation and vacation use, licensed and registered for highway use.
6. Horse trailer means a vehicular unit without its own motive power designed primarily for the transportation of horses and, in combination with the towing vehicle, is licensed and registered for highway use.
7. Utility trailer means a vehicular unit without its own motive power designed for the the transportation of all manner of motor vehicles, goods or materials, licensed and registered for highway use.
8. Off-Road Vehicle (ORV) means any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain, including All-Terrain Vehicles (ATVs), but excluding vehicles originally designed for highway use. An ORV shall be identified with an official ORV decal.
   

Residential use means land and/or buildings which contain one or more dwelling units.

Residential zone or district means the R-R, R-S, R-1, R-2, R-D, R-M, A-1, A-2, A-O, and PUD districts.

Semi-Trailer means a detachable freight trailer which, when attached, is supported at its forward end by the rear of a truck tractor or towing vehicle. All semi-trailers must be operable, licensed, and in good repair unless converted for an approved use and no longer designed for highway use.

Service station or filling station means a place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, including sale of accessories, oiling and light motor service on the premises, but in no case to include major automotive repairs.

Setback means the minimum unoccupied distance between the lot line and the wall of a building excluding steps, unenclosed porches and decks.

Setback line means the line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the principal structure must be erected or placed.

Shoreline of the mainstream (stream bank) means that portion of the mainstream channel cross section that restricts the lateral movement of the water at normal bank-full levels often exhibiting a distinct break in slope from the mainstream bottom.

Single-family or one-family residence means a building designed for or occupied exclusively by one family and in no case permitting more than two roomers or boarders.

Single ownership means ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

Stable, private, means buildings and grounds used for the boarding of horses owned by the owners or occupants of the facility, and is not open to the general public.

Story means that portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall and the surface of the next floor above it, or if there is no floor above it, the space between the floor and the ceiling next above it.

Street means a public right-of-way 50 feet or more in width that has been dedicated for the purpose of providing access to abutting private lots or land, including the space for pavement and sidewalks.

Streamers means long narrow pieces of cloth, plastic or similar nonrigid material strung together by rope, cord, string or wire. A streamer is not a banner or pennant.

Structure means anything constructed or erected, which requires permanent location on the ground or attachment to something having such location. The term "building" shall mean the same.

Temporary storage enclosure means a framework of wood, plastic, or metal, or similar rigid material covered with cloth, canvas, plastic or similar pliable material designed to be used or used for the short term storage of vehicles, boats, trailers, equipment, building materials, logs or miscellaneous household or business items as an accessory use.

Transitional or Emergency Housing means a residential facility operated by a government agency or private nonprofit organization which provides temporary accommodations and on-site management for homeless persons or families, or other individuals requiring interim housing arrangements. This type of group living consists of time-limited housing (24 months or less) and services aimed at helping residents to live more independently.

Trailer home or mobile home means a prefabricated unit transportable in a substantially completed state on a public street, designed and furnished as living quarters, or designed and intended as an addition to a dwelling, but not including manufactured housing conforming to the city building code approved as technically suitable for FHA mortgage insurance and provides either a basement or an enclosed garage.

Unenclosed porch: A structural projection attached to and extending away from a principal building which has a floor and a roof which may be supported by columns. An unenclosed porch may have a wall which extends from the floor no more than one-half the distance to the ceiling of the roof of the unenclosed porch. An unenclosed porch may be screened but is otherwise open to the out of doors.

Vehicle repair shop (major) means a building, or portion thereof, used for major mechanical work, such as rebuilding or reconditioning of engines/vehicles, and/or body work, including vehicle painting and rust proofing, to vehicles.

Vehicle repair shop (minor) means a building, or portion thereof, used for the minor repair or routine servicing of vehicles, including the incidental replacement of parts.

Vehicle wash establishment means a building, or portion thereof, the primary purpose of which is the washing of motor vehicles.

Veterinary hospital or clinic means a building where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

Wetland means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is contiguous to an inland lake, a river or stream.

Wild animal means any animal not domesticated by humans or any animal a person is prohibited from possessing by law. Wild animals shall include but shall not be limited to the following: Alligator (family), deer (family), opossum (family), badger, dog (wild family), primate excluding humans (family), bear, dog-wolf, raccoon, skunk, cat (wild family), lemur, spider (poisonous), coyote, lizard (poisonous), weasel (family), marten, poisonous snakes and any other poisonous animal.

Yards:

1. Yard means an open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.
2. Front yard means an open unoccupied space, extending across the full width of the lot and lying between the front lot line and the nearest wall of the building excluding steps, unenclosed porches and decks.
3. Side yard means an open, unoccupied space between the nearest wall of the building, excluding steps, unenclosed porches and decks, and the side lot line, extending from the front yard to the rear yard.
4. Rear yard means a space unoccupied except by an accessory building or use as specifically permitted, extending across the full width of the lot between the rear lot line and the nearest wall of the building, excluding steps, unenclosed porches and decks.

(Code 1970, § 3.10; Ord. No. 301, § 1, 2-10-97; Ord. No. 323, 10-25-99; Ord. No. 334, § VIII, 5-29-01; Ord. No. 360, § IV, 10-28-02; Ord. No. 362, §§ 2-4, 11-25-02; Ord. No. 398, § 4, 7-25-05; Ord. No. 426, § II, 6-23-08; Ord. No. 434, § I, 12-22-08; Ord. No. 460, § I, 10-26-10; Ord. No. 528, § I, 4-27-15; Ord. No. 539, § 5, 12-27-16; Ord. No. 546, § I, 6-26-17)

Cross reference - Definitions generally, § 1-2.

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare. Among other purposes, the provisions of this chapter are intended to:

1. Provide for adequate light, air and convenience of access;
2. Lessen congestion in the streets;
3. Secure safety from fire and other dangers;
4. Avoid undue concentration of population by regulating and limiting the density and use of land and the height and bulk of buildings wherever erected;
5. Limit and determine the size of yards and other open spaces;
6. Conserve the value of property; and
7. Encourage the most appropriate use of land throughout the city.

(Code 1970, § 3.2)

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.

(Code 1970, § 3.3)

Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot area, or larger yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.

(Code 1970, § 3.4)

1. The council may, from time to time, amend, supplement or change by ordinance the boundaries of districts or regulations established in this chapter in accordance with the procedures of Act No. 10 of the Public Acts of Michigan of 2006.
2. Amendments may be initiated by the council, planning commission, or any person or agency. All proposed amendments shall be referred to the planning commission for public hearing before any action may be taken by the council.
3. Requests for a zoning text amendment or zoning map change shall be made to the city clerk/treasurer on an application form provided by the city clerk/treasurer, which shall contain the following information as applicable:
   1. Name, address and phone number of the applicant.
   2. Name, address and phone number of the property owner.
   3. A legal description and street address accompanied by a drawing illustrating the location of the property.
   4. Filing date of the application.
   5. Nature of the request.
   6. Signature of the applicant and property owner. The application form shall be accompanied by a fee determined by resolution of the council.
4. The city clerk shall immediately forward one copy of the application to the planning commission and one copy to the council, and the following procedure shall be followed:
   1. The planning commission shall set the time, date, and place for a public hearing on the request.
   2. Notice of the public hearing shall be as required by section 90-47.
   3. After the public hearing, the planning commission shall forward its report and recommendation to the council. Such report shall include a summary of the comments submitted at the public hearing.
   4. Upon receipt of the report and recommendation of the planning commission, the council may, in its discretion, schedule a public hearing on the request. Notice of the hearing, if a hearing is scheduled, shall be given as provided in section 90-47.
   5. Where, after a zoning ordinance has been duly adopted and an amendment to the ordinance is legally protested by owners of 20 percent or more of the frontage to be altered or by owners of 20 percent of an area within 100 feet of the land to be changed or where such action is contrary to the recommendation of the planning commission, such amendment shall pass by a full two-thirds vote only.
   6. Following adoption of a zoning ordinance text or map change, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days of adoption.

(Code 1970, § 3.260; Ord. No. 301, § 13(3.260(c)), 2-10-97; Ord. No. 321, 8-23-99; Ord. No. 407, § II, 8-28-06)

State Law reference - Amendment of zoning ordinance, MCL 125.584.

1. Any owner or agent, or any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in section 52-38. Repeat offenses under this chapter shall be subject to increased fines as set forth in section 52-38.
2. The owner of any building or structure, lot or land or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent or person employed in connection therewith and who assists in the commission of such violation shall each be responsible for a separate violation and shall each be liable to the fine specified in section 52-38.

(Code 1970, § 3.234; Ord. No. 288, 7-24-95)