The village council under the authority of the City-Village Zoning Act, also known as Public Act No. 207 of 1921 (MCL 125.581 et seq.), hereby ordains, enacts and publishes this chapter.

(Ord. No. 119, § 1.0, 8-1993)

This chapter shall be commonly known as the "Lake Odessa Zoning Ordinance."

(Ord. No. 119, § 1.1, 8-1993)

This chapter is hereby established in accordance with the needs of the incorporated village. The text, map and schedules contained herein shall constitute this chapter. This chapter is expressly adopted for the following purposes:

(1)

To protect and promote the public health, safety, and general welfare of the village;

(2)

To guide and protect the growth and development of the village land use plan, and to implement the growth and development goals and policies contained therein;

(3)

To guard against adverse community impacts upon the existing "small town" character of the village, as well as upon its social and economic climate in all parts of the village by encouraging its orderly and beneficial development;

(4)

To promote and protect the value of land and buildings which are appropriate to the various districts established by this chapter; and

(5)

To prevent against conflicts among the use of land and buildings.

(6)

The purpose of regulating signs within the village zoning districts is to keep the number of signs at a level reasonably necessary to identify a business and its products in a manner that will not conceal or obscure adjacent businesses or other signs, to keep sizes at a reasonable scale with respect to the buildings they identify, to reduce visual distractions and obstructions to motorists traveling along the streets, to preserve the visibility of the natural beauty and small town character, to not detract from the Jordan Lake aesthetic enjoyment and image, to maintain property values, to protect the health, safety and welfare of residents, visitors and pedestrians, and to preserve the right of free speech and expression.

(Ord. No. 119, § 1.2, 8-1993; Ord. No. 2012-1, § 1, 5-21-2012)

Where this chapter imposes greater restrictions than those imposed by other laws or ordinances or by private restrictions placed upon property by covenant, deed or other private agreements, the provisions of this chapter shall prevail.

(Ord. No. 119, § 1.3, 8-1993)

(a)

Usage.

(1)

For the purpose of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

(2)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word "herein" means in this chapter; the word "regulation" means the regulations of this chapter; and the words "this chapter" shall mean "the ordinance text, tables and maps included herein, as enacted or subsequently amended."

(3)

A "person" includes a corporation, a partnership, and an unincorporated association of persons such as a club; "shall" is always mandatory; a "lot" includes a plot or parcel; a "building" includes a structure; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(4)

The "village" is the Village of Lake Odessa in the County of Ionia, State of Michigan; the "village council," "board of appeals", and "planning commission" are respectively the village council, board of appeals, and planning commission of the Village of Lake Odessa.

(b)

Words and terms defined. 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:

(1)

"A"

Accessory building means a building or structure located on the same lot with the principal or main building, or a portion thereof. An accessory building is detached from the main building. Where a structure is attached to a main building in a manner by a wall or roof, it shall be considered a part of the main building.

Accessory use means a use customarily incidental and subordinate to the principal use or structure, and located in the same lot with such principal use or structure.

Agriculture means raising of crops, animals and animal products, forestry and commonly accepted agricultural operations for commercial purposes including the sale of products grown on the premises.

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

Automobile dealership means the use of a building, land area, or other premises for the display and sale of new or used automobiles, but may include light trucks or vans, trailers, or recreational vehicles; and which may include vehicle preparation or repair work conducted as an ancillary use.

Automobile service station means any building, land area, or other premises or portion thereof, used for the retail dispensing or sales of vehicular fuels; and which may include as an ancillary use the servicing and repair of automobiles and the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Automobile wash means any building or premises or portions thereof used for washing automobiles.

(2)

"B"

Bed and breakfast means a private residence that offers overnight accommodations to lodgers in the innkeeper's (owner or operator) principal residence and serves breakfasts at no extra cost to its lodgers, provided that:

a.

For the purpose of this definition, a lodger means a person who rents a sleeping room in a bed and breakfast establishment for fewer than 30 consecutive days;

b.

Off-street parking shall be provided in addition to that required for residential purposes at a rate of one vehicle space per sleeping room, and shall be located and screened so as to minimize negative impacts on adjacent lands;

c.

The bed and breakfast shall have no more than five guest sleeping rooms; and,

d.

Meals may be served only to the operator's family and overnight guests of the establishment.

Boardinghouse (or lodging house), residential means a year round residential dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging to three or more persons for a fee. The term "boardinghouse (or lodging house), residential" does not include motels, motor hotels, tourist rooms, mobile homes or recreation vehicles, all of which are deemed to be transient and commercial oriented.

Body-piercing means the perforation of human tissue other than an ear for a nonmedical purpose.

Body-piercing establishment means an establishment where the perforation of human tissue other than an ear for nonmedical purpose is performed, whether or not it is in exchange for compensation or any form of consideration.

Building means any structure having a roof.

Building height means the elevation measured from the average finished lot grade at the front of the building, to the highest point of the roof.

(3)

"C"

Church means a building or structure, or groups of buildings or structures, that by design and construction are intended and used for conducting organized religious services.

Commercial greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale.

Construction means the building, erection, alteration, repair, renovation (or demolition or removal) of any building, structure or structural foundation; or the physical excavation, filling and grading of any lot shall constitute construction.

Convenience/grocery store means an establishment offering for sale prepackaged food products, household items, newspapers and magazines, and freshly prepared foods, for off-site consumption.

(4)

"D"

Dwelling, multiple family, means a building or portion thereof, used or designed for occupancy by more than two families living independently of each other. This definition does not include single-family attached dwellings or two-family dwellings.

Dwelling, single-family attached, means a group of three or more single-family dwelling units which are joined consecutively by a common party wall, but not a common floor-ceiling. Each unit shall have its outside entrance. For the purposes of this chapter, dwellings such as semi-detached and rowhouses, shall be deemed a single-family attached dwelling.

Dwelling, single-family detached means a unit exclusively for use by one-family which is entirely surrounded by open space or yards on the same lot.

Dwelling, two-family means a detached building used or designed for use exclusively by two families living independently of each other and each doing their own cooking in said building. It may also be termed a duplex.

Dwelling unit or dwelling means a dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one-family, either permanently or temporarily, but in no case shall a motor home, trailer coach, automobile chassis, tent or portable building be considered a dwelling. In case of a partial occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this chapter and shall comply with the provision thereof relative to dwellings.

(5)

"E"

Efficiency unit (studio) means a dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets and the like.

Essential public services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission, or distribution system, collection, communication, supply, or disposal system (including towers, structures, poles, wires, drains, sewers, traffic signals, pipes, conduits, cables, fire alarm boxes, police call boxes, hydrants, electric substations, gas regulator stations, and other similar equipment and accessories (in connection therewith)) reasonably necessary for the furnishing of adequate service by such public utilities or municipal department of commissions for the public health, safety or general welfare.

(6)

"F"

Family means one or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than six persons (exclusive of domestic servants), of whom are not related by blood, marriage or adoption, shall not be considered to constitute a family.

Farm animal means any horse, swine, goat, llama, mink, fowl, or any other animal typically raised for commercial profit or slaughter.

Flood hazard area means that area subject to flooding on the average of once in every hundred years based on information supplied by the U.S. Department of Housing and Urban Development, Federal Insurance Administration.

Floor area means the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls or from the center line of wall separating two buildings. The floor area of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level, or finished lot grade, whichever is higher. The term "floor area" shall not include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in floor area. Areas of basements, utility rooms, breezeways, porches or attached garages are not included.

Florist shop means an establishment engaged in selling floriculture or related merchandise to the general public.

Freestanding ground sign means a sign which is supported by one or more poles, posts or braces or which rests on the ground or near the ground or on a foundation on the ground. Such sign shall be located outside any street right-of-way, not block driver vehicle visibility, not be higher than six feet and not exceed 12 square feet.

Freestanding outdoor furnace means any device, apparatus or structure that:

a.

Is designed, intended or used to provide heat and/or hot water to any residence or structure; and

b.

Operates by burning wood or other solid fuel such as, but not limited to, coal, paper or agricultural products; and

c.

Is not located within the residence or structure for which it is providing heat and/or hot water.

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

(7)

"G"

Garage, public, means a public building used for the care, repair, or storage of automobiles.

Garage sale means home sale, basement sale, attic sale, rummage sale, yard sale, or other type of so-called residential sale of used tangible personal property such as, but not limited to, clothing, household effects, tools, garden implements, toys, recreation equipment or other used or secondhand items customarily found in and about the home and advertised in a manner whereby the public at large is, or can be, aware of such sale.

(8)

"H"

Home occupation means a legal activity, profession or other occupation not otherwise permitted in the district, which is conducted as an incidental, secondary accessory use on a residential lot by at least one member of the family residing on the premises, does not change the general character of the area, and which conforms to the provisions of this chapter.

Hotel means a facility offering transient lodging accommodations to the general public and travelers, containing sleeping units with or without meals or kitchens, for compensation on a transient basis and which may provide additional services, such as restaurants, meeting rooms, and recreational facilities.

(9)

"I"

Inn (or lodge) means a building for the transient accommodation of sleeping units for guests or travelers with or without kitchens for compensation on a transient basis and which may provide additional services, such as restaurants, meeting rooms, and recreational facilities.

(10)

"J"

Junkyard means any land over 200 square feet in area including buildings thereon used primarily for the collecting, storage, and abandonment of waste paper, rags, scrap metal, or discarded materials which is for sale; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition for the sale of parts thereof.

(11)

"K"

(12)

"L"

Laundromat means an establishment providing washing, drying, or dry-cleaning machines on the premises for use to the general public.

Light industry means any industrial or warehousing operation that meets the performance standards of this chapter; and which is totally contained inside an enclosure of whose operation or storage is totally screened from view, and which does not create excessive demands on public roads, water and sewage facilities or other community facilities.

Lodger means a person who rents a room in a public transient overnight facility such as a hotel, motel, inn or lodge.

Lot means a parcel of land which is separately described on a deed or other instrument recorded in the office of the register of deeds, whether by metes and bounds description, as part of a platted subdivision or condominium unit intended for individual ownership and use and is also land occupied, or designed to be occupied by one principal building and the accessory buildings and structures customarily incidental in connection with such buildings. A lot may or may not be the land shown on a duly recorded plat. If more than one lot of record is held in common ownership and said lots are contiguous, undeveloped, and substandard in size to the minimum lot size in the zoning districts, they shall, for the purpose of this chapter, be held as one lot or as many lots as shall leave no lot substandard. When adjacent lots under common ownership cannot be combined due to legal or other lawful means, then they may be considered a "zoning lot" for construction permits. Adjacent lots under common ownership may be considered together as part of the primary lot with the principal building to obtain construction permits for accessory uses. Multiple adjacent lots may also be considered one zoning lot in consideration for a zoning or building permit and setbacks are measured from the outside perimeter as if they are one lot (example: multiple platted lots where a house is constructed over the interior boundary lines or a house is on one lot and accessory uses such as a garage or pool are proposed for an adjacent lot). Adjacent lots are defined as lots that share common boundary lines.

Lot area means area of a lot bounded by lot lines.

Lot, corner, means a lot whose lot lines form an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting on a current street or streets shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of 135 degrees.

Lot coverage means the amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

Lot line means the boundary of a lot, as defined herein:

Lot line, front, means the exterior line or right-of-way of a road on which a lot fronts or abuts.

Lot line, rear, means any lot line, other than a front lot line, which is parallel or nearly parallel at the front of the line.

Lot line, side, means any lot line not a front or rear lot line.

A corner lot and a through lot shall have two front lot lines and front yards. Notwithstanding section 36-63(d)(3), corner lots and through lots shall have a principal front lot line and a secondary front lot line. The principal front lot line shall be the shorter of the two lot lines for a corner lot. For a through lot, the principal front lot line shall be the lot line parallel to and adjacent to the street where the street address is taken; if the lot has not been assigned a street address, the principal front lot line shall be consistent with the majority of surrounding properties.

Lot, through, means any interior lot having frontage on two parallel streets.

Lot width means the horizontal distance between the side lot lines, measured parallel to the front lot line at the minimum required building setback line.

(13)

"M"

Marihuana, also known as medical marihuana, also known as marijuana, also known as cannabis: that term 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 Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d), as amended. Any other term pertaining to marihuana used in this chapter and not otherwise defined shall have the meaning given to it in the Michigan Medical Marihuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act.

Marihuana collective or cooperative means any facility, structure, dwelling or other location where medical marihuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. (the "Act"), or a person in possession of an identification card issued under the Act or in possession of an application for such an identification card. The term "collective" or "cooperative" shall not apply to a registered primary caregiver that provides necessary care and marihuana for medical use exclusively to his/her five or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin Code, R 333.101 through R 333.133. A "marijuana collective or cooperative" shall 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 State of Michigan. It is unlawful to establish or operate a profit or nonprofit medical marihuana dispensary, collective or cooperative within the village.

Marihuana dispensary or dispensary means any facility, structure, dwelling or other location where medical marihuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. (the "Act"), or a person in possession of an identification card issued under the Act or in possession of an application for such an identification card. The term "dispensary" shall not apply to a registered primary caregiver that provides necessary care and marihuana for medical use exclusively to his/her five or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin Code, R 333.101 through R 333.133. A "marihuana dispensary" shall 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 State of Michigan. It is unlawful to establish or operate a profit or nonprofit medical marihuana dispensary, collective or cooperative within the village.

Medical use of marihuana means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marihuana or paraphernalia relating to the administration of marihuana 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 Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq., as amended.

Mobile home means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure and is installed by a Michigan Licensed Mobile Home dealer or Michigan Licensed Mobile Home installer as required by Michigan statute, and administrative rules promulgated thereunder. The term "mobile home" does not include a recreational vehicle. See Public Act No. 96 of 1987 (MCL 125.2301 et seq.)

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 therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended or used incidental to the occupancy of a mobile home, and which is not intended for use as a recreation vehicle trailer park. See Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Mortuary means a place for the storage of human bodies prior to their burial or cremation.

Motel means an establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

(14)

"N"

Net buildable area means contiguous land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock out crops and land encumbered by easements.

Nonconforming lot of record (substandard lot) means a lot lawfully existing at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

Nonconforming structure means a structure, or portion thereof, lawfully existing at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

Nonconforming use means a use lawfully existing in a building or on land at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

(15)

"O"

(16)

"P"

Personal service business means an establishment primarily engaged in providing services involving the care of a person or his or her goods or apparel, but not including a tattoo or piercing parlor.

Private road means a private road or street shall be defined as a street or drive which provides access to two or more adjacent properties which is constructed and maintained by the owner or owners, and which is not dedicated for the general public use.

Professional office means the office of a member of a recognized profession maintained for the conduct of that profession, which may include banks and medical and dental establishments, provided that such medical and dental establishments provide services on an out-patient basis.

(17)

"Q"

Quarry or quarrying operation means any place where stone, sand, gravel, minerals, or other natural materials, including topsoil, is removed for the purpose of sale or any other commercial purposes, other than such as may be incidental to excavating or regarding in connection with or in anticipation of building development or landscaping on the site.

(18)

"R"

Recreational vehicle means a vehicle primarily designed as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle. See Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Restaurant means an establishment where food and drink are prepared, served and consumed.

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

Road frontage means the length of the lot line which borders a public road.

(19)

"S"

Setback means the horizontal distance from a lot line inward toward the foundation wall of the building nearest to that lot line or the roof overhang if it is over one foot from the foundation wall.

Sexually-oriented business means an establishment engaged in providing services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Sidewalk café means an accessory use to a principal use such as a restaurant, café, bakery, coffee shop or similar establishment that serves food and drinks in a specified enclosed adjacent outdoor area.

Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used or intended to be used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, symbols, figures, design, fixtures, colors, illumination, or projected images, including the following sign types:

a.

Awning sign means a sign that is mounted, painted or attached to the front of an awning or canopy.

b.

Banner sign means any sign on paper, cloth, fabric or other flexible or combustible material of any kind, either with or without frames.

c.

Billboard sign means a pole sign intended to direct attention to a business, commodity, service, establishment, activity or entertainment that is conducted, sold, or offered at a location other than the premises on which the sign is located.

d.

Electronic message board means a sign with a fixed or changing display or message composed of a series of lights that may be changed through electronic means.

e.

Ground sign means any sign, other than a pole sign, in which the entire bottom is in contact with or close to the ground and is independent of any other structure and which is up to six feet in height.

f.

Nonconforming sign means a sign lawfully existing prior to the effective date of this chapter, or affecting amendment thereto, which fails to meet the current location, size, height or other standards required under this chapter.

g.

Pole sign means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

h.

Projecting sign means a sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.

i.

Portable sign means any temporary sign constructed to be readily movable from one location to another and not permanently affixed to a building, structure or the ground, for the purpose of advertisement or promotion of a special event at an established business.

j.

Suspended sign means a sign hanging down from a marquee, awning, canopy or porch that would exist without the sign.

k.

Wall sign means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and the exposed face of which shall be on a plane parallel to the building wall to which it is attached.

l.

Window sign means a sign indoors attached to, or in close proximity to, the window surface so as to be clearly and comprehensively visible from the outside; excluding decorative painting applied to the glass.

m.

Village identification sign means a sign that identifies the village borders or village property, which may include announcements of special events, dates, times or other related information.

Sign area means the entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure. The area of a sign shall be measured within a single, continuous rectilinear perimeter composed of straight lines which encloses the extreme limits of the advertising message, together with any frame or other material or color forming an integral part of the display, message, drawing, or similar device, or used to differentiate same from the background against which it is placed, excluding the necessary supports, braces or uprights, of the sign. When two sign faces are back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than 24 inches apart at any point, the sign area shall be computed by the measurements of one of the faces.

Sign height shall mean the vertical dimension from the median natural grade to the highest point of the highest attached component of the sign. A sign shall not extend beyond the edge of the wall to which it is affixed nor above the roof line of a building to which it is attached.

Site plan review means the submission of plans for review, as part of the process of securing zoning approval.

Special use permit means a permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location or relation to the village, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. Such uses shall be permitted when the specific review criteria provided in this chapter for them are met.

Specified anatomical areas means:

a.

Less than completely and opaquely covered human genitals, anus and female breasts at or below the top of the areola; and

b.

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

Specified sexual activities means:

a.

The fondling or any other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

b.

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; or

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in (a), (b) or (c) above.

Sports and recreational facility means an establishment designed and equipped for the conduct of sports and leisure-time activities, such as aerobic exercises, jogging tracks, game courts, bowling facilities, swimming and exercise equipment; and which may also include ancillary uses, such as locker rooms, showers and saunas.

Structural changes or alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof.

Swimming pool or pool, spa or hot tub. The terms "swimming pool" or "pool" or "spa" or "hot tub" shall mean artificially constructed, portable above-ground or permanent below-ground pools or spas and hot tubs, including wading pools, which are capable of being used for swimming or bathing.

(20)

"T"

Tattoo parlor means an establishment where persons are tattooed for consideration, other than by a licensed medical practitioner or cosmetologist; or any place where tattooing is regularly conducted whether or not it is in exchange for compensation.

Tattoo, tattooed, tattooing means any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring.

(21)

"U"

(22)

"V"

Variance means a varying or relaxation of the dimensional standards of the zoning ordinance by the zoning board of appeals; and where such variance will not be contrary to the public interest; and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in practical difficulty.

Vehicle repair shop means any building, premises, and land in which or upon which a business, service or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

(23)

"W"

When fronting on this phrase shall mean that the building shall be oriented such that the required front yard abuts M-50 or Jordan Lake Avenue; and further, that the use would not encroach into a residential neighborhood.

(24)

"X"

(25)

"Y"

Yard means an open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.

Yard, required front, means the minimum required yard measured from the front lot line into the interior lot area (the minimum setback area).

Yard, required rear, means the minimum required yard measured from the rear lot line into the interior lot area (the minimum setback area).

Yard, required side, means the minimum required yard measured from the side lot line into the interior lot area (the minimum setback area).

(26)

"Z"

Zoning permit means a permit signifying compliance with the provisions of this chapter as to use, activity, bulk, and density.

(Ord. No. 119, §§ 2.0, 2.1, 8-1993; Ord. No. 2006-1, § 1, 3-20-2006; Ord. No. 2006-4, § 1, 11-20-2006; Ord. No. 2006-5, § 1, 11-20-2006; Ord. No. 2006-6, § 1, 12-18-2006; Ord. No. 2006-7, § 1, 12-18-2006; Ord. No. 2007-4, § 1, 7-16-2007; Ord. No. 2008-4, § 2, 5-19-2008; Ord. No. 2010-2, § 1, 12-13-2010; Ord. No. 2012-1, § 2, 5-21-2012; Ord. No. 2013-3, § 1, 11-18-2013; Ord. No. 2014-5, § 1, 11-10-2014; Ord. No. 2015-5, §§ 1—3, 3-16-2015; Ord. No. 2016-4, § 1, 4-18-2016; Ord. No. 2017-1, § 1, 5-15-2017; Ord. No. 2017-3, § 1, 12-18-2017; Ord. No. 2019-2, § 1, 1-28-2019; Ord. No. 2023-04, § 1, 9-18-2023)

Cross reference— Definitions generally, § 1-2.

(a)

Chapter as minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety and the general welfare.

(b)

More restrictive standard to prevail. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive, or higher standard shall control.

(c)

Chapter not to abridge other regulations. This chapter shall not abridge the provision of a validity adopted building code, mobile home ordinance, subdivision or other regulation.

(d)

Where a use is defined or listed as a permitted use or a special land use in a given zoning district, such use shall not be permitted in any zoning district where it is not listed. This is true even if such use might be similar to a listed permitted use.

(Ord. No. 119, § 8.0, 8-1993; Ord. No. 2013-3, § 1, 11-18-2013)