A.

The intent of this Section is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. It is recognized that signs and outdoor advertising promote commerce and provide public information, and that a failure to regulate them may lead to a number of issues. It is the intent of these regulations to:

1.

Prevent the placement of signs in a manner that will conceal or obscure other signs, adjacent businesses, or clear vision areas;

2.

Ensure that constitutionally guaranteed right of free speech is protected and to allow signs as a means of communication;

3.

Provide reasonably scaled signs and sign messages at a number necessary to identify a business and eliminate signs and sign structures on unused commercial properties;

4.

Reduce visual distractions and obstructions to motorists traveling along, entering, or leaving streets;

5.

Prevent the intrusion of commercial messages into non-commercial areas;

6.

Promote a quality manner of display which enhances the character of the Village and avoid light trespass, glare, and skyglow;

7.

Prevent the proliferation of temporary signs which might promote visual blight; and

8.

Advance economic development by allowing a fair opportunity for each property owner to attractively display their message cleanly and clearly.

A.

All signs shall conform to all applicable codes and ordinances of the Village and, where required, shall be approved by the Village Manager or designee and have a permit issued.

B.

Condition and Maintenance. All signs and sign structures shall be properly maintained and kept in a good state of repair.

1.

Signs shall be maintained free of peeling paint or paper, staining, rust, or other condition that impairs legibility or intelligibility.

2.

Sign supports, braces, guys, and anchors shall be maintained in such a manner as not to cause a hazard.

3.

If signs are not properly maintained and/or pose a threat to the public health, safety, and welfare, the Village shall have the right to remove the sign. Accordingly, the Village shall pass on all removal costs to the sign owner.

C.

Setback. Signs shall be setback a minimum of two (2) feet from the property line where a sidewalk is present adjacent to the parcel. Where there is no sidewalk, signs shall be setback a minimum of fifteen (15) feet from the curb/road edge.

D.

Clearance. There shall be a minimum of eight (8) feet of clearance between the bottom of any sign and the sidewalk or other public way.

E.

Right-of-Way. Signs established and maintained by the Village, county, state, or federal governments shall be permitted in the right-of-way. Awning, canopy, marquee, and A-frame signs are allowed with permit approval by the agency managing the right-of-way in appropriate zone districts. Signs in the right-of-way shall be insured by the sign owner.

F.

Clear Vision Area. No sign above three (3) feet shall be placed in any required clear vision area.

G.

Vacant Parcels. Except for real estate purposes, signs cannot be on a vacant parcel without a principal use.

H.

Utility Separation. A minimum of ten (10) foot horizontal separation shall be maintained between any sign and any overhead utility. The nearest part of any sign, including support structures shall be at least four (4) feet from any electrical conductor, electric light pole, road lamp, traffic light, or other public utility pole or standard.

I.

Illumination. Internal and external illumination of signs shall be permitted for all signs except where expressly limited or prohibited.

1.

Unless further regulated elsewhere in the ordinance, sign illumination shall be opaque background with internally lit lettering, facelit channel lettering, backlit lettering or externally lit.

2.

All illumination shall be concentrated on the area of the sign or landscape feature and directed or shielded so as to not interfere with the vision of persons on the adjacent streets or adjacent property.

3.

Illumination shall not be distracting, including but not limited to: flashing, blinking, intermittent, an on-and-off type of lighting or light levels exceeding eight hundred (800) lumens.

4.

No sign shall include reflective materials, individual bulbs, or exposed light sources.

5.

Electronic or digital signs shall:

a.

Have maximum brightness levels that do not exceed five thousand (5,000) nits when measured from the sign face at its maximum brightness during daylight hours, and five hundred (500) nits when measured from the sign face at its maximum brightness between dusk and dawn.

b.

Reduce light levels by fifty percent (50%) between the hours of 9:00 PM and 6:00 AM where located within two hundred fifty (250) feet from a residential use.

c.

Install ambient light monitors which automatically adjust the brightness level of the electronic sign based on ambient light conditions.

A.

Address Signs. Address signs bearing only the property numbers, post box numbers, name of occupants, or other identification of the premises, limited to one (1) per building entrance and two (2) square feet of area.

B.

Directional Signs. Directional signs that do not exceed four (4) square feet in area and do not exceed more than five (5) signs per parcel. The maximum sign height shall be six (6) feet.

C.

Flag Signs. Flag signs that do not exceed forty (40) square feet in residential districts and the Central Business District (CBD) or eighty (80) feet in non-residential districts are allowed. Where affixed to a pole, the pole shall not exceed twenty-five (25) feet in height. Up to three (3) flag signs are permitted per parcel, provided that in no case shall the total area of all flags exceed the area allowed.

D.

Government Signs. Signs erected on behalf or under the authorization of a government body, including street signs, legal notices, informational signs, community events, wayfinding, parking signs, and regulatory signs.

E.

Historical Signs. Historical signs designated by the state or federal government, limited to ten (10) square feet per parcel.

F.

T/T. Time and temperature information shall be permitted provided that the message shall be displayed not more than every five (5) seconds and sign size shall not exceed six (6) square feet. This square footage shall not count against allowable sign sizes.

G.

Holidays. Holiday lights and decorations with no commercial message or special event signs; of limited duration.

H.

Incidental Signs. Incidental signs that do not exceed six (6) square feet in residential districts, sixteen (16) square feet in mixed-used commercial districts, and twenty-four (24) square feet in the industrial district.

I.

Murals. Murals with no commercial message.

J.

Window Signs. Window signs that do not exceed twenty-five percent (25%) of the window area of each window in mixed-use commercial and industrial districts. They must be located to allow for clear visibility into the building and visibility of the checkout area if the use is retail in nature.

K.

Any sign not visible from a public right-of-way.

L.

Temporary Yard Signs. A lot or parcel shall be limited to one (1) sign per street frontage. Signs shall not exceed six (6) square feet in area on residential property and twelve (12) square feet in area on non-residential property, nor shall they exceed five (5) feet in height.

M.

Extra temporary yard signs are permitted during a time period of thirty (30) days prior to an election date to seven (7) days after the election date, and during times of emergency to allow businesses the ability to adequately advertise business practices.

N.

Sandwich Board (A-Frame) Signs. Sandwich board signs are permitted in the Central Business District and must meet the following standards:

1.

One (1) non-illuminated sandwich board sign shall be permitted per business in a building. The sign must be professionally constructed of weather-proof, durable material, and kept in good repair.

2.

Signs may be placed on sidewalks with a minimum of ten (10) feet in width.

3.

Sandwich board signs shall not exceed twelve (12) square feet in area per side, not be taller than four (4) feet in height, or wider than three (3) feet across.

4.

The placement of sandwich board signs shall not affect accessibility and safety. Signs shall not obstruct doorways, crosswalks, or interfere with pedestrian movement on a public sidewalk. At least five (5) feet of clear area for pedestrians shall be provided at all times. A sign must be placed at least three (3) feet from back of curb.

5.

Sandwich board signs shall not be moored or anchored to any object, but shall be designed or weighted to prevent instability or movement by wind or other natural forces.

6.

Sandwich board signs shall be permitted only during operating business hours or from the hours of 8:00 a.m. to 10:00 a.m., whichever is less, and must be stored inside when the establishment is not open to the general public.

A.

Business, civic, nonprofit, and religious organizations may erect temporary signs announcing special events or promotions after completing a sign permit application for temporary signs. The application shall contain the following information:

1.

Name of the business or organization sponsoring the promotion or event;

2.

Name, date, and duration of the promotion or event;

3.

The type, number, and square footage of temporary signs that will be erected;

4.

The date the signs will be erected and removed; and

5.

The name of the person completing the application.

B.

Signs shall not exceed twenty-four (24) square feet and shall not be permitted in any public right-of-way.

C.

Temporary signs may be erected up to thirty (30) days before the promotion or event and must be removed within seventy-two (72) hours afterward. Each business or organization may be permitted a total of four (4) occurrences within a calendar year.

D.

The Village Manager or designee shall have the authority to approve temporary sign permit applications.

A.

The following signs are permitted in combination (unless otherwise noted) in each district, subject to the requirements described in the tables and all other applicable regulations of the Article. Receipt of a permit from the Village is required prior to the installation of any of the signs provided for in this Section.

The following signs are prohibited in the Village:

A.

Signs encroaching in rights-of-way without road agency approval.

B.

Any simulation or imitation in size, color, lettering, or design of any traffic sign or signal or other word, phrase, symbol, or character in such manner as to interfere with, mislead, confuse or create a visual impediment or safety hazard to pedestrians or vehicular traffic.

C.

Signs incorporating any manner of flashing, strobe, or moving lights, with the exception of approved electronic message signs, and animated signs.

D.

Signs on park-type benches, trees, fences, utility poles, light poles.

E.

Inflatable signs, feather flags, and air dancer signs.

F.

Roof signs.

G.

Pole- or pylon-mounted signs, including billboards.

H.

Portable and vehicle signs parked primarily for the purpose of attracting attention to the message contained within.

I.

Any sign unlawfully installed, erected or maintained or signs that are out of compliance with applicable building and electrical codes.

J.

Signs that completely block the view of other signs.

K.

Any additional signage for a business that has an existing nonconforming sign.

A.

Every permanent sign that was erected legally and which lawfully exists at the time of the enactment of this Chapter, but which does not conform to the height, size, area, or location requirements of this Chapter as of the date of the adoption of these regulations, is hereby deemed to be nonconforming. This status shall not be granted to any temporary sign, banner, placard, or other non-permanent sign.

B.

Nonconforming signs may not be altered, expanded, enlarged, or extended; however, nonconforming signs may be maintained and repaired so as to continue the useful life of the sign.

C.

Any nonconforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt if reconstruction will constitute more than fifty percent (50%) of the value of the sign on the date of loss.

D.

Any sign which for a period of six (6) months or more no longer advertises a bona fide business conducted or product sold shall be removed by the owner of the building, structure, or property upon which such sign is located, within thirty (30) days of receipt of written notice by the Village Manager or Designee.

E.

A sign for a nonconforming use may be erected in the Village in accordance with the sign regulations for the District in which the property is located.

F.

Administrative Departure. An Administrative Departure may be granted for the replacement of a nonconforming sign with a new sign frame or structure that is a minimum of twenty-five percent (25%) smaller in area or dimensions than the nonconforming sign to be replaced, based on the sign requirements of the Zone District in which the sign is placed.

A.

Surface Area.

1.

The area of a sign shall be measured as the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo, or any other figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign.

2.

Only one (1) face of a double-sided sign will be used to determine the area of the sign. The faces shall be back-to-back and no more than two (2) feet part at any point. Sign faces shall be counted separately if they are not the same size or have more separation.

3.

For buildings with multiple tenants, the sign areas for wall signs, projecting signs and awning signs shall be determined by taking that portion of the front wall of the building applicable to each tenant and computing sign requirements for that portion of the total wall.

B.

Height.

1.

Sign height shall be measured as the distance from the highest portion of the sign to the finished grade of the ground immediately beneath the sign, excluding any artificially constructed earthen berms.

2.

Clearance for projecting, awning, and canopy/marquee signs shall be measured as the smallest vertical distance between the finished grade and the lowest point of the sign, including any framework or other structural elements.

3.

A sign shall not extend above the roof line of a building to which it is attached.

4.

The permitted maximum height for all signs is determined by the sign type and the zoning district or use in which the sign is located.

5.

Projecting, canopy, awning, or other signs that are located at or above the first level of a building must be a minimum of eight (8) feet above the grade or sidewalk.

A.

Permit. Before the erection or structural alteration of a sign, a zoning permit shall be secured from the Village Manager or designee. It is unlawful for any person to construct, erect, re- erect, move, alter, enlarge, or illuminate any sign unless a permit is first obtained from the Village of Lawton or it is a sign type identified in Section 13.03 that does not require a permit. Any sign that requires the use of electricity in the Village requires a permit regardless of size.

B.

Maintenance and Repairs. A permit is not required for the maintenance and repair of a sign, including painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring and electrical devices provided the size, structure, or cabinet are not changed or removed. Section 13.07 on nonconforming signs shall be referred to as needed.

C.

Reface. A sign permit is not required to be issued if the sign is refaced in a manner that maintains the display on the sign as approved by the original permit. However, a sign permit application is required for the Village's records.

D.

Permit Application. Applications for sign permits shall be completed on a form supplied by the Village for this purpose and shall contain the following information:

1.

Contact Information. Name, address, and phone number of the applicant.

2.

Sign Inventory. Photographs, and descriptions of the type and dimensions, square footage, materials and copy of all other existing signs on the site, keyed to the site plan by a number or letter.

3.

Proposed Signs. A graphic representation of all proposed signs, including dimensions, square footage, dimensions of letters and figures, materials, copy, and illumination or movement characteristics, if any, keyed to the site plan by a number or letter.

4.

Site Plan. In addition to the sign information, a site plan shall be provided that identifies the locations of all existing and proposed signs, buildings, property lines, access points, and rights-of-way, existing or proposed.

5.

Specifications. Information on the method of construction and attachment to the building or ground. The sign plans shall include all pertinent data including the highest point, low point clearance, face outline, and total face area with the method of calculation. If the sign is electronic, then light levels and operational characteristics should be provided.

6.

Name and address of sign erector.

E.

Review. The Village Manager or designee shall determine whether the proposed sign/s is/are in compliance with this Article and whether the purposes and objectives of this Article have been met. The determination will be based on a review of site plans, landscaping, clear vision areas, parking locations, drives, setbacks, relationship of proposed location to immediate or surrounding areas for proper sign placement, and other applicable requirements of this Ordinance.

F.

Approval. The Village Manager or designee, may approve, conditionally approve subject to modifications, or disapprove any application for a sign permit.

G.

Duration of Approval. The approved permit shall expire and become null and void if work is not commenced within one hundred eighty (180) days from the date of issuance. After this period, the Village shall consider the application withdrawn and may destroy any application and plans regarding the application. Upon written request before the date of expiration, the Village Manager or designee may grant one (1) extension of up to one hundred eighty (180) days if the applicant can demonstrate that the reasons for the extension were beyond their immediate control.

A.

Enforcement. The Village may use any lawful remedy or enforcement powers against the owner or responsible person for any violation of this Article, as described in Article 14 Administration and Enforcement.

B.

Fees. Fees shall be charged for the following services:

1.

Sign Permit Fees. Before issuance of any required sign permit, the Village shall collect an application fee in accordance with a fee schedule adopted by resolution of the Village Council.

2.

Second and Additional Inspections. An additional inspection fee shall be charged if more than one (1) inspection is needed or requested to determine compliance with this Article. Second and additional inspections include but are not limited to: Court requested, Attorney requested, progress inspection, inspection at the request of the owner or responsible person, or any inspection in addition to the first inspection. The sign permit fee includes the cost of the first inspection and additional fees as permitted by this Section may be collected for second and additional inspections.

3.

Work Without a Permit. Any work started without a permit, or any work beyond the authorized scope of a sign permit constitutes a violation and is grounds for the designated enforcement staff to issue a notice of violation (NOV), a cease and desist order, or other enforcement actions until appropriate permits are obtained. Any permit that would be required based on the work conducted shall subject the owner or responsible person to a doubling of the normal permit fee. However, this action will not exempt any person from compliance with all other provisions of this Section nor from any penalty prescribed by law.

4.

Sign Permit and Inspection Fee Schedule. The following sign permits and inspection services are hereby authorized, and fees established by resolution of the Village Commission:

a.

Sign Permit;

b.

Sign Permit - Work Started without a Permit;

c.

Temporary Sign Permit.

5.

Responsible Person. The owner or responsible person shall be responsible for the payment of fees associated with sign permits, inspection services and code enforcement actions related to bringing a sign(s) into compliance with this Article.

C.

Declaration of Nuisance. Any sign installed, altered or maintained in violation of any provision of this Article constitutes a public nuisance per se and is subject to abatement.

D.

Confiscated Signs. Any cost incurred by the Village for the removal, alteration or relocation of a sign pursuant to the provisions of this Article shall be paid prior to the issuance or renewal of any permit for that property. Signs removed by Village personnel shall be held for ten (10) days. An owner or responsible person may claim the sign within ten (10) days of removal, provided that any costs associated with the sign removal have been paid to the Village. After ten (10) days, the Village shall be permitted to destroy the sign.

E.

Appeals. The ZBA may hear an administrative appeal taken from any person or any governmental official affected or aggrieved by any order, requirement, decision, or determination, as permitted by this Chapter.

ABANDONED SIGN: A permanent sign which was erected on a property in conjunction with a particular use which has been discontinued for a period of one hundred eighty (180) days or longer or a sign the content of which pertains to a time, event or purpose which no longer applies.

ADDRESS SIGN: A sign depicting the street number of the property on which it is located.

ANIMATED SIGN: A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable or electronic message signs as defined and regulated by this code, may include spinners, pinwheels, pennant strings, feather flags, those with a repetitive motion or cycle, flashing lights, and/or other devices or displays that respond to wind, solar, electric motors, or other means.

AWNING: A retractable or fixed shelter constructed on a supporting framework that projects from the exterior wall of a building.

BALLOON SIGN: A type of portable sign filled with air or gas.

BANNER: A fabric, plastic, or other sign made of non-rigid material without an enclosing structural framework.

BENCH: A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

BILLBOARD: A permanent outdoor sign advertising services or products, activities, persons, or events not available on a site or parcel on which the billboard is located.

BUSINESS CENTER: A multi-tenant location with two (2) or more businesses which:

1.

Are located on a single parcel of property; or

2.

Are connected by common walls, partitions, canopies, or other structural members to form a continuous building or group of buildings; or

3.

Share a common parking area; or

4.

Otherwise present the appearance of a single, contiguous business area.

CHANGEABLE COPY SIGN: A permanent sign, electrical or non-electrical, on which the copy changes automatically or is designed to allow the copy to be changed manually while the surface of the sign remains unchanged, such as electronic time and temperature units or reader boards with changeable letters. A sign on which the copy changes more than once per minute shall be considered an animated sign.

CONSTRUCTION SIGN: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, that may contain project information.

DIRECTIONAL SIGN: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."

ELECTRONIC MESSAGE BOARD: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

FEATHER (OR FLUTTER) SIGN: Any sign that is comprised of material that is suspended or attached in such a manner to a pole or stake as to attract attention by waving, moving or fluttering from natural wind currents.

FLAG SIGN: A permanent or temporary sign made of a rectangular piece of fabric of distinctive design used as a symbol or signaling device that includes the official insignia or flag of the United States of America, the State of Michigan, or that of any religious, institutional, or business establishment.

FREESTANDING SIGN: A permanent sign attached to or supported by a post(s), pole(s), base or the like, and not attached to a building. Freestanding signs include pylon and ground signs.

GOVERNMENT SIGN: A temporary or permanent sign erected by the Village of Lawton, Van Buren County, the State of Michigan, or federal government either on public land or within the right-of-way.

GROUND SIGN: 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 (6) feet in height.

HISTORICAL MARKER: A sign, monument, or marker designating a location or structure of historical significance, on a site approved by the Village, state, or federal government is exempt from regulation by this Ordinance.

INCIDENTAL SIGN: A temporary or permanent on-premises sign that is intended to provide information or direction for the convenience and necessity of the public not exceeding two (2) square feet and whose purpose is secondary to the use of the lot on which it is located. Such signs include but are not limited to open/closed signs, hours of operation, warning or caution signs, no trespassing signs, dangerous animal signs, and similar signs.

MAINTENANCE: The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

MARQUEE SIGN: A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance.

MEMORIAL: A non-illuminated sign, tablet, or plaque commemorating a person, event, structure, or site.

MURAL: A design or representation painted or drawn on a wall which does not advertise an establishment, product, service, or activity.

ON-PREMISES SIGN: A temporary or permanent sign which pertains to the use of the premises on which it is located.

PERMANENT SIGN: Any sign of durable material permanently anchored or secured to a building, accessory structure, or the ground.

POLE/PYLON SIGN: A sign supported by one (1) or more poles, posts, braces, or pylons located in or upon the ground and not attached to a building.

PORTABLE SIGN: A sign that is not permanent, affixed to a building, structure, or the ground, such as an A-frame sign.

PROJECTING SIGN: A permanent sign that is wholly of partly dependent upon a building for support and that projects more than twelve (12) inches from such building.

READER BOARD: A portion of a sign on which copy is changed manually.

ROOF SIGN: A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

SIGN: Any surface, device, letter, word, model, balloon, pennant, insignia, emblem, logo, icon, painting, placard, poster, flag or representation, object, device, display, or part thereof, which is visible from a public place, including, but not limited to highways, streets, alleys, or publicly-owned property, or is located on private property and exposed to the public, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, person, activity, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

SIGN AREA: The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure.

SNIPE SIGN: An off-premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects.

SPECIAL EVENT: A temporary sign containing public messages concerning special events sponsored by governmental agencies or non-profit organizations.

SUSPENDED: A sign hanging down from a marquee, awning, or porch that would exist without the sign.

TEMPORARY SIGN: A sign erected for ninety (90) days or less for a specific purpose or event, which is not intended to be permanent, and is not otherwise defined in this Article.

WALL SIGN: 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 that does not project more than twelve (12) inches from such building or structure, and the exposed face of which shall be on a plane parallel to the building wall to which it is attached.

WINDOW SIGN: A temporary or permanent sign attached to, or in close proximity to, the window surface so as to be clearly and comprehensively visible from the outside. Window signs include, but are not limited to, decals, static clings, posters, paint directly applied to the window pane, or other methods.

YARD SIGN: A sign of impermanent construction manually placed in a yard and typically intended to announce or advertise an infrequent event such as, but not limited to, a garage sale; or to support a political candidate or political position; or the sale or rental of real property.

For the purpose of this Ordinance, the following rules of interpretation shall apply to the text of this Ordinance:

A.

The particular shall control the general.

B.

In the case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

C.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive and discretionary.

D.

Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

E.

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

F.

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

G.

The word "person" includes an individual, a corporation, a partnership, a public utility, firm, an incorporated association, or any other similar entity.

H.

Unless the context clearly indicates the contrary, or a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either . . . or", the conjunction shall be interpreted as follows:

1.

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

2.

"Or" indicates that the connected items, conditions, or provisions, or events may apply singly or in any combination.

3.

"Either . . . or" indicates that the connected items, conditions, or provisions, or events may apply singly or in any combination.

I.

Terms not herein defined shall have the meaning customarily assigned to them.

A

ACCESSORY DWELLING UNIT: An incidental and subordinate dwelling unit which provides living quarters for one (1) individual or a family that is on the same lot, but is separate from the primary dwelling unit and contains, but is not limited to, a kitchen, bathroom, and sleeping quarters.

ACCESSORY USE, BUILDING OR STRUCTURE: A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusive.

ADULT DAY CARE FACILITY: A facility which provides daytime care for any part of a day but less than twenty-four (24) hour care for functionally impaired elderly persons provided through a structured program of social and rehabilitative or maintenance services in a supportive group setting other than the client's home. Such facilities are not licensed: however those receiving funds through an Area Agency on Aging must comply with adult day care standards promulgated by the Michigan Office of Services to the Aging.

ADULT USE: Any commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult massage parlors, adult modeling studios, and eating and drinking places with sexually-oriented entertainment.

AGRICULTURAL USE: A use of any land, building, or structure used for a purpose of producing grain, fruit, nursery stock, dairy products, vegetables, livestock or fowl or other crops and animal husbandry.

ALTERATIONS: Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as wall, partitions, stairways, columns, beams, girders; any change in the width or number of exits; any substantial changes in the roof or exterior walls; any change in the location of a building; any change in the number of off-street parking or loading area or means of egress and ingress to the site; or any change which may be referred to herein as "altered" or "reconstructed" or "change of use".

ALTERNATIVE TOWER STRUCTURE: Man-made trees, clock towers, bell steeples, light poles, and other similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

ANIMAL, WILD OR EXOTIC: Any animal not domesticated by humans or any animal which a person is prohibited from possessing by law. Wild or exotic animals shall include, but shall not be limited to the following: alligator and crocodile (family), deer (family), opossum (family); badger, wild dog or wolf (family); primate excluding human (family); bear, raccoon, ferret, skunk, wild cat (family); lemur, spider (poisonous); coyote; lizard; snake and other reptile (poisonous); weasel (family); wild boar or swine (family); and marten.

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital, signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals.

APARTMENT: See DWELLING, MULTIPLE FAMILY.

APPEAL: An entreaty or demand for a hearing or review of facts and/or actions in connection with the public enforcement of this Ordinance.

ARCHITECTURAL FEATURES: Architectural features of a building including cornices, eaves, gutters, sills, lintels, bay windows, chimneys and decorative ornaments.

AREA, GROSS SITE: The total area of a planned unit development site including flood plains and water bodies.

ASSISTED LIVING: The provision of independent residential care in either a free standing facility or part of a nursing home wherein seniors are given help with daily living and medications.

AUTOMOBILE: Unless specifically indicated otherwise, "automobile" shall mean any vehicle including cars, trucks, vans, motorcycles, and the like.

AUTOMOBILE FUELING STATION: A place used for the retail sale and dispensing of fuel or lubricants, either full or self service, together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation as an accessory use, provided it is clearly incidental to the filling station use. Parking requirements for filling station/convenience store operations shall be computed by adding together the parking space requirements for each separate use.

AUTOMOBILE REPAIR: Major or minor repair of automobiles defined as follows:

Minor Repair: Engine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing the automobiles on the premises overnight.

Major Repair: Engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rustproofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing the automobiles on the premises overnight.

AUTOMOBILE REPAIR GARAGE: A premise primarily used for general automobile repair wholly within enclosed buildings, including engine or transmission building; rebuilding or reconditioning of motor vehicles; collision service such as body, frame, or fender straightening and repair, overall vehicle painting or rustproofing; and other related activities.

AUTOMOBILE SERVICE STATION: A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water coolants and other operating commodities for motor vehicles or which may include retail sale of tires, batteries, and similar accessories and the making of minor repairs to vehicles or parts thereof totally enclosed within a building and that do not normally require storing such vehicles on the premises overnight. Automotive Service Station shall not including bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rustproofing, high-volume of motor vehicle washing or sales of new or used cars, trucks, motorcycles or other land vehicles.

AUTOMOBILE WASH ESTABLISHMENT: An activity or building, or portion thereof, the primary purpose of which is that of washing motor vehicles, either with self-service mechanisms or with the use of an automated conveyor system.

B

BANK: An establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds by drafts or bills of exchange.

BASEMENT: That portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement.

BED-N-BREAKFAST INN: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation by the owners and residents therein, said facilities may include meal service.

BEDROOM: Any private room in a dwelling unit suitable for regular use for sleeping purposes. Bedrooms include rooms designated on development floor plans as dens, studies, or libraries but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms, and mud rooms. Any room designated as other than a bedroom but which in the judgment of the Village Planning Commission would normally be usable for sleeping purposes shall be considered a bedroom.

BERM: A mound of earth used to shield, screen, and buffer undesirable views and separate incompatible land uses.

BIKEWAY: Pedestrian or non-motorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

BILLBOARD (OFF PREMISE SIGN): Any non-accessory advertising sign, device, design, words, letters, number or trademark which makes anything known to the general public and may be the principal use of the lot or parcel on which it is located.

BLOCK: The property bounded by a street or by a combination of streets and public lands, rights-of-way, rivers or streams, boundary lines of the Village, or any other barrier to the continuity of development.

BOAT: Boats, floats, rafts, and the attached normal equipment to transport the same on highways.

BUFFER ZONE: A strip of land often required between certain zoning districts or land uses reserved for plant material, berms, walls, or fencing to serve as a visual barrier.

BUILDABLE AREA: The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this Ordinance.

BUILDING: Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, or property or materials of any kind. A building shall include tents, awnings, and carports; and also semi-trailers, vehicles, mobile homes, or pre-manufactured or pre-cut structures, erected on-site, above or below ground, designed primarily for shelter rather than as a means of conveyance. A building shall not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, grain elevators, coal bunkers, oil cracking towers, or similar structures.

BUILDING, ACCESSORY: See ACCESSORY USE, BUILDING, OR STRUCTURE.

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and exterior walls having only window and normal entrance or exit doors.

BUILDING, DETACHED: A principal building surrounded by open space.

BUILDING HEIGHT: The vertical distance measured from the mean average ground level at the front building line to the highest point of the roof surface in the case of a flat roof; to the deck line of mansard roofs; to the mean height level between the eaves and ridge of gable, studio hip and gambrel roofs; and seventy-five percent (75%) of the height of an "A" frame. Chimneys, spires, antenna, and similar projections other than signs shall not be included in calculating building height.

BUILDING LINE: A line parallel to the front lot line that separates all parts of a building from the open spaces adjacent thereto on the same lot. For the purposes of this Ordinance, a minimum building line is the same as a required setback line.

BUILDING PERMIT: The written authority issued by the building inspector permitting the construction, removal, moving, alteration, demolition, or use of a building in conformity with the provision of this Ordinance.

BUILDING, PRINCIPAL: A building or group of buildings in which is conducted the main or principal use of the lot on which the building is situated. (See "BUILDING, ACCESSORY" and "USE, PRINCIPAL".)

BUILDING, TEMPORARY: A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. An example of a temporary building is a trailer used on construction site.

BUMPER BLOCKS: Concrete or cement cast units located at one end of each parking space, designed to protect buildings, walls, fences, sidewalks or landscaping from damage by vehicles.

C

CAMPER, PICK-UP: A recreational unit designed to be mounted on a pick-up or truck chassis, with sufficient equipment to render it suitable for use as a temporary lodging for travel, recreational, and vacation uses.

CARETAKER LIVING QUARTERS: An independent residential dwelling unit designed for and occupied by one (1) or two (2) persons, of which at least one (1) is employed to look after goods, buildings, or property on the parcel on which the living quarters are located.

CEMETERY: Land used for the burial of the dead including columbariums, crematories, and mausoleums.

CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector, after final inspections, indicating his or her opinion that all the provisions of this Ordinance are being complied with and met. No building or structure or use for which a building permit has been issued shall be occupied until the building inspector has, after final inspection, issued a Certificate of Occupancy (CO). The issuance of a Certificate of Occupancy shall in no case be construed as waiving any provisions of this Ordinance.

CHURCH, MOSQUE, OR SYNAGOGUES: Any structure wherein persons regularly assemble for religious activity including customary ancillary or accessory uses and activities.

CLINIC, MEDICAL: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

CLINIC, VETERINARY: A place for the care, diagnosis, and treatment of sick or injured animals, and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages enclosed within the walls of the clinic building.

CLUB, HEALTH: Any establishment providing physical culture or health services, including health clubs, racquetball or tennis clubs, reducing salons, or tanning salons.

CLUB OR LODGE, PRIVATE: A non-profit association of persons who are bonafide members paying dues which owns or leases premises, the use of which is restricted to members and their guests. The facilities owned or used by such organization may be referred to as a "club" or "lodge" in this Ordinance.

CLUSTER HOUSING: A group of buildings and especially dwellings built close together to form relatively compact units on a sizeable tract in order to preserve open spaces and environmentally sensitive areas larger than the individual yards for common recreation.

COMMERCIAL CENTER, PLANNED: A business development under single ownership consisting of two (2) or more retail or service outlets characterized by common architecture, a pedestrian and vehicle circulation system, and off-street parking.

COMMERCIAL, VEHICLE: A truck or motor vehicle with cab and chassis and with a stake rack body, dump body, wrecker body, tanker body or any other body, the mounted height of which exceeds the height of the cab roof more than eight (8) inches. Any truck or motor vehicle which has a commercial license plate and is designed to accommodate a body length in excess of nine (9) feet. Commercial vehicles shall not include motor homes or recreational vehicles, but shall include construction equipment such as backhoes, power shovels, bulldozers, earth moving equipment, semi trucks, tractors and trailers.

CONDOMINIUM: A system of separate ownership of individual units and/or multiple unit projects according to Public Act 59 of 1978, as amended.

CONDOMINIUM UNIT: The portion of the condominium project designed and intended for separate ownership as described in the Master Deed, regardless of whether it is intended for residential, office, industrial, business, recreational, time-share unit, or any other type of use.

CONVALESCENT HOME: See NURSING HOME.

CURB CUT: The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

D

DAY CARE:

Day Care Center: A facility other than a private residence receiving more than six (6) pre-school, school age children, or elderly adults for group day care for periods of less than twenty-four (24) hours a day.

Day Care Home: A private residence in which not more than six (6) minor children are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or guardian.

DECK: An open, horizontal platform attached to the principal residential structure and that is used for outdoor leisure or recreational activities.

DENSITY: The number of dwelling units situated on or to be developed per net or gross acre of land.

DETENTION FACILITY: A facility designed for holding storm water runoff for a short period of time and then releasing it to the natural watercourse where it returns to the hydrologic cycle. A Retention Facility is a facility designed to hold storm water run-off permanently.

DEVELOPMENT: The construction of a new building or other structures on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

DEVELOPMENT PLAN: A scaled drawing which shows the existing conditions, the location and dimensions of improvements upon a parcel of land, including but not limited to, location and size of buildings, driveways, parking areas, landscaping, sidewalks, signs, sewage systems, and drainage facilities, environmental features, and other elements required herein as applicable to the proposed development to ensure compliance with this Ordinance.

DISTRIBUTION CENTER: A use which typically involves both warehouse and office/administration functions, where short and/or long term storage takes place in connection with the distribution operations of a wholesale or retail supply business. See also WAREHOUSE.

DISTRICT: A portion of the Village of Lawton within which, on a uniform basis, certain uses of land and/or building are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

DRAINAGE WAYS AND STREAMS: Existing permanent or intermittent watercourses.

DRIVE-IN ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles. Examples include but are not limited to, restaurants, cleaners, banks, and theaters.

DRIVE-THROUGH ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to service patrons from a window or booth while in their motor vehicles, rather than within a building or structure, so that consumption off-premises may be facilitated.

DRIVEWAY: An improved area of gravel, asphalt or concrete on a lot or parcel intended for access to a rear yard, side yard or an accessory building. Driveways in single and two-family residentially zoned areas may be used for off-street parking of licensed vehicles. An area consisting of grass, soil, mulch or similar material shall not be considered a driveway.

DUMPSTER: A container used for the temporary storage of rubbish, pending collection, having a capacity of at least two (2) cubic yards.

DWELLING: A building or portion thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one-family, excluding hotels, motels, and tourists homes. In no case shall a travel trailer, motor home, automobile, tent or other portable building defined as a recreational vehicle be considered a dwelling. In the case of mixed 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 Ordinance.

DWELLING, MANUFACTURED: A building or portion of a building designed for long-term residential use and characterized by all of the following:

A.

The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and

B.

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

C.

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on a site.

DWELLING, MOBILE HOME: A structure, transportable in one (1) or more sections, which is built upon 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. Recreational vehicles as described and regulated herein shall not be considered "mobile homes" for the purposes of this Ordinance. A mobile home is a type of manufactured housing.

DWELLING, MULTIPLE-FAMILY: A building designed for and occupied by three (3) or more families living independently with separate housekeeping, cooking, and bathroom facilities for each. Multiple-family dwellings units include the following:

A.

Apartment: An apartment is an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often have a central heating system and other central utility connections and common yard space.

B.

Efficiency Unit: An efficiency unit is a type of multiple-family or apartment unit consisting of one (1) principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

DWELLING, ONE-FAMILY OR SINGLE-FAMILY: A detached building containing not more than one dwelling unit designed for residential use, provided:

A.

It complies with the minimum square footage requirements of this Ordinance for the zone in which it is located.

B.

It has a minimum width across front, side and rear elevations of twenty-four (24) feet and complies in all respects with the Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Building Code, then and in that event, such federal or state standard or regulation shall apply; further provided that the provisions of this Section shall not have the effect of making one-family dwellings, which exist as of the effective date of this Ordinance, non-conforming.

C.

It is firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Manufactured Housing Commission and shall have a perimeter wall as required.

D.

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels and towing mechanism removed. Additionally, no dwelling shall have any exposed undercarriage or chassis.

E.

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction equal to or of better quality than the principal dwelling, which storage area shall be equal to ten percent (10%) of the square footage of the dwelling or one hundred (100) square feet, whichever shall be less.

F.

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof over-hang of not less than six (6) inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling: has not less than two (2) exterior doors with the second one being in either the rear or side of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. The compatibility of design and appearance shall be determined in the first instance by the Building Official upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of thirty (30) days from the receipt of notice of said Building Official's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of single family "dwelling" as well as the character, design and appearance of one (1) or more residential dwellings to the extent of less than twenty percent (20%) of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one (1) or more residential dwellings located outside of mobile home parks throughout the Village.

G.

The dwelling contains no additions or rooms or other areas which are not constructed with a quality of workmanship equal to the original structure, including permanent attachments to the principal structure and construction of foundations as required herein.

H.

The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

I.

The foregoing standard shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required.

J.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

DWELLING, TWO-FAMILY OR DUPLEX: A detached building, designed exclusively to be occupied by two (2) families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.

DWELLING UNIT: One (1) or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one (1) family for living, cooking, and sleeping purposes.

DWELLING UNIT, SINGLE-FAMILY ATTACHED OR TOWNHOUSE: A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three (3) or more dwellings, with its own front door which opens to the outdoors at ground level, and typically with its own basement utility connections, and front and rear yards. Townhouses are also commonly known as row houses.

E

EASEMENT: Any private or dedicated public way that provides a means of access to property. The term "easement" may also refer to utility easements which give public or private utility companies the right to use land for the construction and maintenance of utilities.

ERECTED: The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erection.

ESSENTIAL SERVICES: The term "essential services" shall mean the erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments or Village certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities. Telecommunication towers or facilities, alternative tower structures, and wireless communication facilities antenna are specifically excluded from this definition.

EXCAVATION: The removal of sand, stone, gravel, or fill dirt below the average grade of the surrounding land and/or road grade, whichever shall be the highest, excluding common household gardening and ground care.

F

FAMILY:

A.

An individual or group of two (2) or more persons related by blood, marriage or adoption, together with foster children or servants of the principal occupants, with not more than one (1) additional unrelated persons, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

B.

A collective number of individuals living together in one (1) dwelling unit, whose relationship is of a continuing, non-transient, domestic character, and who are cooking and living as a single, nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.

FARM: All of the contiguous neighboring or associated land operated as a single unit for agricultural production by the owner-operator, manager, or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; also including establishments operated as bonafide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms, and apiaries. For the purposes of this Ordinance, farms shall not include establishments for keeping or raising fur-bearing animals, riding or boarding stables, dog kennels, game fish hatcheries, stockyards, or gravel or sand pits, unless such establishments are combined with other bona fide farm operations listed above which are located on the same continuous tract of land.

No farms shall be operated for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a normal cycle or one (1) year.

A farm permitted by this Ordinance is not intended nor implied to permit trucking equipment and/or sales, contractor yards or any other activities other than those incidental to the bonafide farm.

FENCE:

A structure erected for the purpose of separating properties or protecting or screening property within its perimeter. Chain link fences shall fall under this definition. Fences, including chain link, for the containment of pets shall conform to the accessory structure requirements of this Ordinance.

Ornamental fence shall mean a fence designed in such a manner and of such material so as to decorate or enhance the appearance of the front, side or rear setback in residential areas in addition to separating properties or protecting properties. Chain link, mesh, woven, or welded wire fences are excluded under this definition. Ornamental fences shall also include hedges.

FILL, FILLING: The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

FLAG LOT: A lot not fronting on or abutting a public road and where access to the public road is limited to a narrow private right-of-way that does not meet lot width requirements under the zoning ordinance.

FLOOR AREA: The area of a building defined as follows.

A.

Floor Area, Gross: The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

B.

Floor Area, Net: See FLOOR AREA, USABLE RESIDENTIAL and FLOOR AREA, USABLE NONRESIDENTIAL.

C.

Floor Area, Usable Residential: The gross floor area minus areas in unfinished basements or attics, attached garages, and enclosed or unenclosed porches.

D.

Floor Area, Usable Nonresidential: The sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which issued for or intended to be used for the storage or processing of merchandise, or for utilities shall be excluded from the computations of Usable Nonresidential Floor Area.

FOSTER CARE HOME: See STATE LICENSED RESIDENTIAL FACILITY.

FOSTER CHILD: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

G

GARAGE, PRIVATE: An accessory building used or designed to be used primarily for the storage of motor vehicles, boats, or trailers owned and used by the occupants of the building to which it is accessory. A private garage may be either attached to or detached from the principal structure. Private garages shall not have public repair facilities.

GARBAGE: All wastes, animal, fish, fowl, or vegetable matter incidental to the preparation, use, and storage of food for human consumption, or spoiled food.

GARDEN APARTMENT: A residential structure having a height limit of two and one-half (2 1/2) stories and containing three (3) or more rooms, each room having its own cooking facilities and being used as a dwelling for one (1) family.

GARDEN CENTER: An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies, landscaping materials, and equipment.

GAS STATION: See AUTOMOBILE FILLING STATION and AUTOMOBILE SERVICE STATION.

GLARE: The effect produced by brightness or a source of illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GOLF COURSE OR COUNTRY CLUB: The premises upon which the game of golf is played, including clubhouses, parking lots, swimming pools, tennis courts, or other facilities or uses customarily incidental to a golf course or country club.

GOLF DRIVING RANGE: An area or parcel of land which includes golf tee areas and associated facilities, the purpose of which is to practice golf shots.

GRADE: A grade is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GRADE, AVERAGE: The arithmetic average of the lowest and highest-grade elevations in an area within five (5) feet of the foundation line of a building or structure.

GRADE, FINISHED: The lowest point of elevation between the exterior wall of the structure and a line five (5) feet from the exterior wall of the structure.

GREENBELT: A planting strip at ten (10) feet in width which shall consist of deciduous or evergreen trees, shrubs or a mixture of all three (3) which shall be planted and maintained in a healthy growing condition by the lessee or the property owner.

H

HAZARDOUS SUBSTANCES: Any chemical or other material which, by virtue of its inherent properties, has the potential to be injurious to the public health, safety, and welfare even in small quantities with the exception of farming operations. Uses and facilities which use, store or generate hazardous substances in qualities greater than two hundred (200) pounds per month, or twenty-five (25) gallons per month, shall be subject to site plan requirements. This shall not apply to agricultural operations.

HOME OCCUPATION: Any occupation conducted within a dwelling unit or accessory building and carried on by the inhabitants thereof. Home occupations may provide for one (1) full-time non-resident employee. Home occupations shall be clearly incidental and secondary to the use of the dwelling for living purposes, shall not change the character thereof, and shall not endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, professions or hobby.

HOSPITAL: An institution which is licensed by the Michigan Department of Health to provide in-patient and out-patient medical and major surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

HOTEL: A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one (1) bedroom and a bath, occupied for hire, in which access to at least fifty percent (50%) of the lodging units is through a common entrance, and in which provision is not made for cooking in the individual units. Hotels customarily provide services such as desk service, maid service, laundering of linens, etc.

HOUSEHOLD LIVING:

HOUSING, ELDERLY: An institution other than a hospital or hotel, which provides room and board to non-transient persons primarily sixty (60) years of age and older. Housing for the elderly may include:

A.

Senior Apartments: Multiple-family dwelling units occupied by persons fifty-five (55) years of age or older.

B.

Elderly Housing Complex: A building or group of buildings containing dwellings where the occupancy is restricted to persons sixty (60) years or older or couples where either the husband or wife is sixty (60) years of age or older.

C.

Congregate or Interim Care Housing: A semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

D.

Dependent Housing Facilities: Facilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

I

INGRESS AND EGRESS: As used in this Ordinance, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk or entranceway which allows pedestrians to enter or leave a parcel of property, a building, or another location.

J

JUNK YARD: An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to: junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.

K

KENNEL: Any lot or premises on which more than three (3) dogs six (6) months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, or grooming; and may offer provisions for minor medical treatment including animal shelters.

L

LABORATORY: A place devoted to experimental, routine or basic study such as testing and analytical operations and in which manufacturing of product or products, except prototypes, is not performed.

LAND DIVISION: The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, Village Manager or designees, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent, and that satisfies the requirements of section 108 and 109 of the Land Division Act, P.A. 288 of 1967 as amended.

LANDFILL: Any disposal area, tract of land, building, unit or appurtenance or combination thereof that is used to collect, store, handle, dispose of, bury, cover over, or otherwise accept or retain refuse as herein defined.

LIVESTOCK: Horses, cattle, sheep, goats, hogs, and other domestic animals normally kept or raised on a farm.

LOADING SPACE, OFF-STREET: An off-street space of definite size and dimensions in accordance with the requirements of this Ordinance, which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

LOT (OR ZONING LOT OR PARCEL): For the purposes of enforcing this Ordinance, a lot is defined as a piece of land under one (1) ownership and control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, and open space as required herein. A lot shall have frontage on a roadway dedicated to the public and certified for maintenance by a public agency, or, if permitted by the regulations set forth herein, on a private road. A lot may consist of:

A.

A single Lot of Record.

B.

A portion of a Lot of Record.

C.

A combination of complete Lots of Record, or portion thereof.

D.

A piece of land described by metes and bounds.

LOT, ADJACENT: Lots which adjoin each other or which are separated only by a public or private right-of-way or easement.

LOT AREA, NET: The total horizontal area within the lot lines of a lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake or wetlands area.

LOT AREA, GROSS: The net lot area plus one-half (1/2) of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.

LOT, CONTIGUOUS: Lots adjoining each other.

LOT, CORNER: A lot of which at least two (2) adjacent sides abut their full length upon a street, provided that such two (2) sides intersect at an angle of not more than one hundred thirty-five (135) degrees. Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than one hundred thirty-five (135) degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner.)

LOT COVERAGE: The part or percent of the lot that is occupied by buildings or structures.

LOT DEPTH: The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

LOT, DOUBLE FRONTAGE: A lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one (1) street shall be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one (1) or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.

LOT, FLAG: An interior lot whose lot line abuts the rear lot line of an adjacent lot fronting on a public or private road and which can be accessed by a driveway or private road abutting the side lot line of said adjacent lot.

LOT, INTERIOR: Any lot other than a corner lot with only one (1) lot line fronting on a street.

LOT LINES: The lines bounding a lot as follows:

A.

Front Lot Line: In the case of an interior lot abutting on one (1) public or private street, the front lot line shall mean the line separating the lot from such street right-of-way or the center line of the road however the parcel is described. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from the street which is designated as the front street in the plat and/or in the request for a building permit.

B.

Rear Lot Line: Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet in length, lying farthest from the front lot line and wholly within the lot.

C.

Side Lot Line: Any lot line other than the front or rear lot lines. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT OF RECORD: A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Van Buren County Register of Deeds, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor (registered and licensed in the State of Michigan) and likewise so recorded with the Van Buren County Register of Deeds.

LOT SPLIT AND CONSOLIDATION: The dividing or uniting of lots by virtue of changes in the deeds in the office of the Van Buren County Register of Deeds and/or the Village Clerk. The division of lots shall take place in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended.

LOT WIDTH: The straight line distance between the side lot lines, measured at the two (2) points where the minimum front yard setback line intersects the side lot lines.

M

MAIN ACCESS DRIVE: Any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.

MASTER LAND USE PLAN: The master plan is a document which is prepared under the guidance of the Village Planning Commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the Village.

MEZZANINE: An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third (1/3) of the floor area of the story in which the level or levels are located. A mezzanine shall be deemed a full story if the vertical distance from the next floor below the mezzanine to the next floor above is twenty-four (24) feet or more.

MOBILE HOME LOT: An area within a mobile home park which is designated for the exclusive use of the occupants of a specific mobile home.

MOBILE HOME PARK (MANUFACTURED HOUSING DEVELOPMENT): A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made, together with any building, structure, enclosure, street, equipment, or facility used or intended for use as temporary park, subject to conditions set forth in the Mobile Home Commission Rules and Michigan Public Act 419 of 1976, as amended.

MOTEL: A building providing transient lodging with parking located near each unit which may include incidental uses such as conference facilities, meeting rooms, and restaurants.

MUNICIPAL CIVIL INFRACTION: An act or omission that is prohibited by this Ordinance but which is not a crime under this Ordinance and for which civil sanctions, including, without limitations, fines, damages and costs may be ordered.

MUNICIPALITY: The word "municipality" shall mean the Village of Lawton, Van Buren County, Michigan.

N

NATURAL FEATURES: Natural features shall include soils, wetlands, floodplains, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

NONCONFORMING BUILDING: A building or portion thereof that was lawfully in existence at the effective date of this Ordinance, or amendments thereto, and which does not now conform to the minimum building height, area, setback, lot coverage or other provision of this Ordinance pertaining to buildings in the zoning district in which it is located.

NONCONFORMING LOT: A lot which was lawfully in existence at the effective date of this Ordinance, or amendments thereto, and which does not now conform to the lot size, lot width, or other provisions of this Ordinance pertaining to lots in the zoning district in which it is located.

NONCONFORMING USE: A use which was lawfully in existence at the effective date of this Ordinance, or amendment thereto, and which does not now conform to the use regulations of this Ordinance for the zoning district in which it is now located.

NUISANCE: Any offensive, annoying, or disturbing practice or object, which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, endanger life and health, or the generation of an excessive or concentrated movement of people or things such as: (a) noise, (b) dust, (c) smoke, (d) odor, (e) glare, (f) fumes, (g) flashes, (h) vibration, (i) shock waves, (j) heat, (k) electronic or atomic radiation, (l) objectionable effluent, (m) noise of congregation of people, particularly at night, (n) passenger traffic, or (o) invasion of non-abutting street frontage by traffic.

NURSERY, PLANT MATERIAL: A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

O

OCCUPANCY, CHANGE OF: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution of a use of a different kind or class, or, the expansion of a use.

OCCUPANCY LOAD: The number of individuals normally occupying a building or part thereof or for which the exit way facilities have been designed.

OPEN AIR BUSINESS: Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open air business shall include:

A.

Retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

B.

Roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.

C.

Various outdoor recreation uses, including but not limited to: tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and amusement parks.

D.

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

OPEN FRONT STORE: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter said structure.

OPEN SPACE: Lands open from ground to sky and devoted to outdoor recreation space, greenery, and resource protection. Developed open spaces may include, but is not limited to, playground fixtures, shelter, and tennis courts.

OPEN SPACE, COMMON: An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners, and occupants, and generally owned and maintained in common by them, often through a home owners or property owners association.

OPEN SPACE, PUBLIC: Any primarily undeveloped land intended for passive recreational pursuits, within the jurisdiction and control of a governmental agency.

OPEN STORAGE: Any outdoor storage of building materials, sand, gravel, stone, lumber, equipment, or other supplies.

OUTLOT: A parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.

P

PARCEL: See LOT.

PARK, PRIVATE: Land held in private ownership used for active recreation and/or open space. The land, at the discretion of the owner(s), may or may not be available for use by the general public.

PARK, PUBLIC: Publicly owned land used for active recreation and/or open space and available for use by the general public. Use of the land may be subject to specified conditions.

PARKING LOT, OFF-STREET: An area on public or private property which provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than three (3) vehicles.

PARKING SPACE: An area of definite length and width as designated in this Ordinance for parking an automobile or other vehicle, which is fully accessible for such purposes, and is exclusive of access drives and aisles thereto.

PARTY WALL: A wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another and that is in joint use by each building.

PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, or other effects.

PERSON: An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

PET: A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, or other similar animal that is kept for pleasure or companionship.

PLANNED UNIT DEVELOPMENT: A planned unit development may include such concepts as cluster development, planned development, community unit development, planned residential development, and other terminology denoting special zoning requirements and review procedures. These requirements and procedures are intended to provide design and regulatory flexibility, so as to accomplish the objectives of this Ordinance using innovative and effective planning approaches.

PLAT: A map of a subdivision of land.

PORCH: An exterior appendage to a building which has a separate roof or a roof integral with the building which forms a covered approach to a doorway or vestibule.

A.

Porch, Enclosed: A porch separated from the outside by an all-weather partition or a partition which renders the area inside the partition habitable.

B.

Porch, Open: A porch not separated from the outside by either an all-weather partition or a partition rendering the area inside the partition habitable.

POULTRY: Any of various breeds of birds long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man for meat and eggs, including chickens, ducks, geese, guinea fowl and turkeys not including game fowl.

PROPERTY LINE: The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also LOT LINE.

PUBLIC NOTICE: A notice of the time, place, and purpose of a public hearing, which notice shall be posted in a manner and within a time frame as prescribed in this Ordinance or in applicable State law.

PUBLIC UTILITY: Any persons, firm, corporation, municipal department, or board, duly authorized to furnish to the public under government regulations any of the following: electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.

Q

R

RECREATION ESTABLISHMENT, INDOOR: A privately owned facility designed and equipped for the conduct of sports, amusement, or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, such as gymnasiums and fitness centers, bowling alleys, indoor soccer facilities, racquetball and tennis clubs, ice and roller skating rinks, curling centers, and firearms ranges.

RECREATION ESTABLISHMENT, OUTDOOR: A privately owned facility designed and equipped for the conduct of sports, amusements, or leisure time activities and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee such as tennis clubs, archery ranges, golf courses, miniature golf courses, golf driving ranges, water slides, batting cages and machines, skateboarding parks, and children's amusement parks.

RECREATIONAL LAND: Any public or privately owned lot or land that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.

RECREATIONAL VEHICLE: A boat, snowmobile, off-road vehicle, camper travel trailer, motor home, pick-up camper, or trailer which is designed for private recreational or travel use and which is further defined as:

A.

Travel Trailer: A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a travel trailer by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

B.

Pickup Camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

C.

Motor Home (Trailer Coach): A self-propelled motorized recreational vehicle intended, designed, used, or constructed, and duly licensable for travel and/or recreational usage, and for temporary human habitation, sleeping, and /or cooking and eating for one (1) or more persons, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor home generally contains sanitary, water, and electrical facilities.

D.

Folding Tent Trailer: A folding structure, mounted on wheels and designed for travel and vacation use.

E.

Boats and Boat Trailers: Boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

F.

Other Recreational Equipment: Snowmobiles, all terrain vehicles, special terrain vehicles, utility trailers, plus normal equipment to transport them on the highway.

REFUSE: The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.

RESTAURANT: A restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant, or bar/lounge, or combination thereof, as defined below:

A.

Restaurant, Carry-Out: A carry-out restaurant is a restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

B.

Restaurant, Drive-In: A drive-in restaurant is a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

C.

Restaurant, Drive-Through: A drive-through restaurant is a restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.

D.

Restaurant, Fast-Food: A fast-food restaurant is a restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.

E.

Restaurant, Standard: A standard restaurant is a restaurant whose method of operation involves either:

1.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or

2.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

RIGHT-OF-WAY: A right-of-way as defined herein dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes curbs, lawn strips, and lighting and drainage facilities.

ROADSIDE STAND: A temporary or permanent building or structure operated in a residential or agricultural district for the selling of products grown or produced on the premises together with incidental related products.

ROOM: For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing 1, 2 or 3 bedroom units and including a "den", "library", or other extra room shall count such extra room as a bedroom for the purpose of computing density.

S

SATELLITE ANTENNA: An accessory structure which at its widest dimension is in excess of thirty-six (36) inches, capable of receiving signals from orbiting satellites and other extraterrestrial sources, together with other equipment related to such purposes.

SCHOOL, HOME: A school which enables a child to be educated at the child's home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar. The home school family may choose whether to operate as a nonpublic school. If a home school family chooses to operate as a nonpublic school, it must register with the Michigan Department of Education.

SCHOOL, NONPUBLIC: A nonpublic school is any school other than a public school giving instruction to children below the age of sixteen (16) years and not under the exclusive supervision and control of the officials having charge of the public schools of the state. Nonpublic schools include private, denominational, and parochial schools.

SCHOOL, PUBLIC: A public elementary or secondary educational entity or agency that has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, public state university, or by the department or state board.

SCREEN, OBSCURING: A visual barrier between adjacent area or uses consisting of structures, such as a wall or fence, or living plant material.

SETBACK: The distance between a front, side or rear lot line and the nearest supporting member of a structure on the lot. The MINIMUM REQUIRED SETBACK is the minimum distance between a front, side or rear lot line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this Ordinance (see definition of YARD).

SHORT TERM RENTAL: A dwelling unit leased or rented for a term of twenty-eight (28) days or less. The following uses are not short-term rentals: accessory use of a residential use permitted under subsection 2.04(F), adult day care facility, bed-n-breakfast inn, caretaker living quarters, congregate or interim care housing, dependent housing facilities, foster care home, hospitals, hotels, motels, state licensed residential facility, in-patient rehabilitation facilities. Short-term rentals are recognized as a commercial and principal use distinct from the residential use of dwelling units.

SIDEWALK: Pedestrian or non-motorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

SIGN: Any visual or graphic device designed through use of words, numbers, characters, or symbols to inform or attract attention and which is designed to be visible from outside any building or structure in which, upon which, or attached to which it may be located.

SITE PLAN: A plan showing all salient features of a proposed development, so that it may be evaluated to determine whether it meets the provisions of this Ordinance.

SMALL CELL WIRELESS FACILITY: Means that term as defined in Section 5.28. A small cell wireless facility is specifically excluded from the definition of essential service or public facility.

SPECIAL EVENT: An occurrence or noteworthy happening of seasonal, civic, or church importance, which is organized and sponsored by a non-profit community group, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two (2) weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located. All such special events may or may not be open to the public.

STATE EQUALIZED VALUATION: The value shown on the Village assessment roll as equalized through the process of State and County equalization.

STATE LICENSED RESIDENTIAL FACILITY: Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 287 of 1972, Public Act 11 of 1973, or Public Act 218 of 1979.

STORAGE: The depositing of material, products for sale or use, or other items for a period greater than twenty-four (24) hours. This definition shall include items for household use, but shall not include vehicles, boats, mobile homes and other items.

STORY: That portion of a building included between the upper surface of any floor, and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area to at least fifty percent (50%) of the usable floor area of the floor immediately below it.

A.

A mezzanine shall be deemed a full story when it covers more than one-third (1/3) of the area of the story underneath said mezzanine, or, if the vertical distance from the floor next below the mezzanine to the floor next above it is twenty-four (24) feet or more.

B.

A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.

STORY, HALF: The uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds (2/3) of the floor area of the uppermost full story. The usable floor area of a half story shall be at least one hundred sixty (160) square feet with a minimum clear height of seven (7) feet, six (6) inches.

STREET: A public or private street, road or thoroughfare intended primarily to provide vehicular circulation and access to abutting property. Various types of streets are defined as follows:

A.

Collector Street: A street whose principal function is to carry traffic between local or minor streets and major streets but may also provide direct access to abutting properties.

B.

Cul-de-Sac: A street that terminates in a vehicular turnaround.

C.

Local or Minor Street: A street whose sole function is to provide access to abutting properties.

D.

Major Street: A street that carries high volumes of traffic and serves as a main avenue through or around the Village. Major streets may also be referred to as arterial streets or major thoroughfares.

E.

Private Street or Road: A street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon, but which has not been accepted for maintenance by the Village, State or Federal Government.

F.

Public Street or Road: A street or road, the right-of-way and improvements of which have been accepted for maintenance by the Village, or State Government.

STREET LINE: A dividing line between the street and a lot, also known as the right-of-way line.

STRUCTURAL ALTERATION: Any change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or any change in the width or number of exits, or any substantial change in the roof.

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having such location. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennae, swimming pools, and signs.

STRUCTURE, OUTDOOR ADVERTISING: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed.

SUBDIVISION PLAT: The division of a tract of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended.

SWIMMING POOL: Shall mean any permanent, non-portable structure or container located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

T

TELECOMMUNICATIONS TOWERS AND FACILITIES OR TOWER: All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition are: citizen band radio facilities, short wave receiving facilities, radio and television broadcast reception facilities, satellite dishes, federally licensed amateur (HAM) radio facilities, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

TEMPORARY USE OR BUILDING: See BUILDING, TEMPORARY or USE, TEMPORARY.

THEATER: An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.

TOXIC OR HAZARDOUS WASTE: Waste or a combination of waste and other discarded material including solid, liquid, semi-solid, or contained gaseous material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

A.

An increase in mortality, or

B.

An increase in serious irreversible illness, or

C.

Serious incapacitating, but reversible illness, or

D.

Substantially present a potential hazard to human health or the environment.

TRAILER: See RECREATIONAL VEHICLE; DWELLING, MOBILE HOME; and UTILITY TRAILER.

TRANSITION: The word or term "transition" or "transitional" shall mean a zoning district, a landscaped area, lot arrangement, wall or other means which may serve as a buffer between various land use types, particularly those uses which are incompatible.

TRUCK STORAGE: An area used for the temporary storage of private trucks or trucks for hire.

TRUCK TERMINAL: a structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution to other parts of the Village or to be amalgamated for delivery in larger units to other points in the metropolitan area; or for distribution or amalgamation involving transfer to other modes of transportation.

U

USE: The purpose for which land, lots, or buildings thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

USE, ACCESSORY: See ACCESSORY USE, BUILDING, OR STRUCTURE.

USE, PERMITTED: A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

USE, PRINCIPAL: The principal use is the main use of land and buildings and the main purpose for which land and buildings exist.

USE, SPECIAL: A use which is subject to special approval by the Village Council. A special use may be granted only where there is a specific provision in this Ordinance.

USE, TEMPORARY: Shall mean a use permitted to exist during a specified period of time under conditions and procedures as provided in this Ordinance.

UTILITY ROOM: A utility room is a room in a dwelling, the use of which is primarily for storage, for housing a heating unit, or for laundry purposes.

UTILITY TRAILER: A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.

V

VARIANCE: A modification of the literal provisions of the Zoning Ordinance in accordance with the provisions herein in cases where strict enforcement would cause undue hardship as a result of special circumstances affecting an individual property that do not generally affect other properties in the same zoning district. The crucial points of variance are: (a) undue hardship, (b) unique circumstances, and (c) applying to property. A variance is not justified unless all three (3) elements are present in the case.

A variance to permit a use not otherwise permitted within a zoning district (i.e., a "use variance") shall not be permitted. Hardships based solely on economic considerations are not grounds for a variance. A use variance is not a special exception use.

VEHICLE, COMMERCIAL: Any one (1) of a class of vehicles and similar vehicles whose characteristics are described below which have or require commercial license plates and have a gross vehicle weight in excess of six thousand five hundred (6,500) pounds. Any commercially licensed vehicle which does not possess the characteristics of a commercial vehicle, as defined below, shall not be subject to the restrictions applying to commercial vehicles:

A.

Semi-Trailer: A trailer unit which is customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone. Semi-trailer shall include trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies, and full or partial box-type enclosures.

B.

Truck Tractor: A commercial vehicle which is capable of attaching to and propelling semi- trailers, mobile homes, modular homes, boat trailers and similar units, and which is not customarily operated without an attached trailer.

C.

Other Commercial Vehicles: Any truck or motor vehicle with a cab and chassis with a stake rack, dump body, wrecker body, tanker body, or any other body, the mounted height of which exceeds the height of the cab roof more than eight (8) inches. This shall include any vehicle which has a commercial license plate and which is designed to accommodate a body length in excess of nine (9) feet. Commercial vehicles do not include motor homes or recreational vehicles, but do include construction equipment such as backhoes, power shovels, bulldozers, earth moving equipment, and similar vehicles.

W

WALL, OBSCURING: Shall mean a masonry structure of definite height and location to serve as an opaque screen in carrying out the requirements of this Ordinance.

WALL, PARAPET: An extension of a building wall above the roof which may serve to screen roof mounted mechanical equipment.

WALL, RETAINING: A permanent solid barrier of brick, stone, or other opaque material intended to enclose an area. For the purpose of this Ordinance, all supporting members, posts, stringers, braces, pilasters, or other construction features of a retaining wall shall be located and placed on the inside of the wall away from public view. Moreover, all retaining walls shall be constructed and/or painted, tinted, or colored in one (1) color only for their exterior surface, and no sign or advertising shall be placed, affixed, painted, or designed thereon.

WAREHOUSE: A building used for short and/or long term storage in connection with production and marketing or in connection with manufacturing, freight handling, and retailing.

WAREHOUSE, MINIATURE OR SELF-STORAGE: A building or group of buildings in a controlled access and /or fenced compound that contains varying sizes of individualized, compartmentalized, and controlled-access stalls or lockers for the storage of customers goods or wares.

WASTE RECEPTACLE STATION: Any exterior space which is not a principal use for containers, structures, or other receptacles intended for temporary storage of solid waste materials.

WETLAND: 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.

WETLAND, REGULATED: Certain wetlands regulated by the Michigan Department of Natural Resources and Environment under the provisions of Act 451, as amended, and generally defined as 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 any of the following:

A.

Contiguous to an inland lake or pond, or a river, or a stream,

B.

Not contiguous to an inland lake, pond, river, or stream, and more than five (5) acres in size, or

C.

Not contiguous to an inland lake, pond, river, or stream and five (5) acres or less in size if the Michigan Department of Natural Resources and Environment determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the property owner.

WHOLESALE SALES: On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

WIRELESS COMMUNICATIONS EQUIPMENT: Means that term as defined in Section 5.27

WIRELESS COMMUNICATION FACILITIES: Means both wireless communications equipment and wireless communications support structures. Wireless communication facilities shall be specifically excluded from the definition of "public facility" or "essential service."

WIRELESS COMMUNICATION SUPPORT STRUCTURES (TOWERS): Means that term as defined in Section 5.27.

Y

YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this Ordinance. The Minimum Required Setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this Ordinance.

YARD, FRONT: A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the principal building. Unless otherwise specified, on corner lots there shall be maintained a front yard along each street frontage.

YARD, REAR: A yard extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest point on the principal building. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one (1) rear yard.

YARD, SIDE: A yard between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.

Z

ZONING BOARD OF APPEALS: The Village of Lawton Zoning Board of Appeals created in accordance with the provisions of the Michigan Zoning Act, Public Act 110 of 2006, as amended.

ZONING COMPLIANCE DETERMINATION: A written formal determination issued by the Village Manager that specifies whether a use, structure, or lot complies with the current requirements of this Ordinance has been granted a variance, or is lawful nonconforming.

(Ord. 01 of 2025, Art. 9, 6-10-2025; Ord. 05 of 2025, Arts. 13, 14, 11-11-2025)