For the purpose of this chapter, certain rules of construction apply to the text as follows:

(1)

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

(2)

The word "person" includes a corporation or firm as well as an individual.

(3)

The word "building includes the word "structure."

(4)

The word "lot" includes the word "plot," "tract," or "parcel."

(5)

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

(6)

The word "used" or "occupied" as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(7)

Any word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard utilization.

(Ord. No. 38, § 10.1, 3-11-1955)

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

Accessory building means a subordinate building or structure on the same lot with a principal or main building, or the part of the main building occupied by or devoted exclusively to an accessory use.

Accessory use means a use customarily incidental and subordinate to the principal use or building located on the same lot as the principal use or building.

Adult bookstore means an establishment that has as a substantial or significant portion of its stock-in-trade, display space or floor space, and offers for sale or rental, for any form of consideration, any one or more of the following: (a) books, magazine, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, or (b) instruments, devices, or paraphernalia designed for use as part of, or in connection with, specified sexual activities.

Adult entertainment establishment means an establishment which is one or more of the following: an adult bookstore, adult theater, cabaret, massage parlor.

Adult foster care family home means a private residence with the approved capacity to receive not more than six adults who shall be provided foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the residence. The adult foster care family home shall conform and qualify for license under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111 et seq., as amended, and under Act No. 218 of the Public Acts of Michigan of 1979 (MCL 400.701 et seq.).

Adult theater means an establishment, where, for any form of consideration, films, motion pictures, videos, slides, or other photographic or electronic reproductions are shown and in which a substantial or significant portion of the establishment's regular business is devoted to the showing of material characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.

Advertising structure means a structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge or ideas to the public about a subject unrelated to the premises upon which it is located.

Alley means any dedicated public way other than a street which provides only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alterations means any modification, addition or change in construction or type of occupancy; any change or rearrangement in the structural parts of a building; any enlargement of a building, whether by extending a side or by increasing in height; or the moving from one location to another.

Apartment means a room or suite of rooms, including bath and kitchen facilities, in a two-family or multiple dwelling intended or designed for use as a residence by a single-family.

Apartment, garden means a group of two or more multiple dwelling buildings not over two stories in height, located on the same lot, that offer each dwelling unit direct access to an open yard area.

Apartment house. See "Dwelling, multiple-family."

Auto court. See "Motel."

Basement means a story having part, but not more than one-half of its height below finished grade. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

Board means the city board of appeals or city zoning board of appeals.

Boardinghouse means a building other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons.

Building means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.

Building area means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Building, front line of means the line or face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches, but does not include steps.

Building, height of means the vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building lines means a line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located.

Building, principal means a building in which is conducted the main or principal use of the lot on which it is located.

Cabaret means an establishment, where, for any form of consideration, entertainers, waiters, waitresses, or other employees, show specified anatomical areas or engage in specified sexual activities.

Cellar means a story having more than one-half of its height below the average finished level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement.

Certificate of occupancy means a statement signed by the zoning administrator setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

Clinic means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professions.

Clubs means an organization catering exclusively to members and their guests, or premises and buildings for recreational, artistic, political or social purposes, which are not conducted primarily for gain and which do not provide merchandising, vending or commercial activities except as required incidentally for the membership and purpose of such club.

Common land means a parcel or parcels of land together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

Convalescent or nursing home means a home for the care of children who are not members of the family, of the aged or infirm, or a place of rest for those suffering bodily disorders, wherein three or more persons are cared for. Such convalescent or nursing home shall conform and qualify for license under Section 1122, Federal Public Law 92-603, and the state department of public health's policies, criteria and guidelines.

Court means an unoccupied open space, other than a yard, on the same lot with a building which is bounded on two or more sides by the walls of such building.

Court, closed means a court enclosed on all sides by exterior walls of a building, or enclosed on all sides by a combination of exterior building walls and freestanding walls.

Court, outer means a court enclosed on not more than three sides by exterior walls of a building or by a combination of exterior walls and freestanding walls, with one side or end open to a street, alley or yard.

Coverage means the percent of the plot or lot covered by the building area.

Deck means an exterior floor system supported on at least two opposing sides by an adjoining structure and or post, piers, or other supports.

Density means the number of dwelling units residing upon or to be developed upon a net acre of land.

District means an area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height limitations.

Dormitory means a building, or portion thereof, used for housing purposes under the supervision of a college, university or other institutions.

Dwelling means any building, or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, multiple-family means a building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in article VI, division 6, of this chapter.

Dwelling, row house or townhouse means three or more one-family dwelling units, each having access on the first floor to the ground and with common walls separating the dwelling units.

Dwelling, single-family means a building containing not more than one dwelling unit designed for residential use, complying with the standards set forth in article VI, division 6, of this chapter.

Dwelling, two-family means a building containing not more than two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in article VI, division 6, of this chapter.

Dwelling unit means a building, or portion thereof, designed exclusively for residential occupancy by one family and having cooking facilities.

Erecting means the building, construction, alteration, reconstruction, moving upon, or any physical activity upon a premises or lot.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, telephone transmission or distribution system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection there with, but not including, buildings reasonably necessary for the furnishing of adequate service by such public utilities, departments or commissions.

Family means an individual, or two or more persons related by blood, marriage or adoption, or a group not to exceed two persons not related by blood or marriage, occupying a premises and living as a single, nonprofit housekeeping unit with single culinary facilities as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, club, fraternity or similar dwelling for group use. The usual domestic servants residing on the premises shall be considered as part of the family.

Farm means any parcel of land containing at least ten acres which is used for gain in the raising of agricultural crops such as grains and under special conditions, livestock. It includes necessary farm structures within prescribed property boundaries and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.

Floodplain means the area of land adjoining the channel of a river, stream, watercourse, lake, or other body of water which has been or may be covered by floodwater.

Floor area means the sum of the gross horizontal areas of the floors of a building or dwelling unit, measured from the exterior faces of the exterior walls, or from the centerline of walls separating dwelling units.

Garage, parking means a structure or series of structures for the temporary storage or parking of motor vehicles, having no public shop or service connected therewith.

Garage, private means an accessory building or an accessory portion of a principal building designed or used solely for the storage of noncommercial motor vehicles, boats, house trailers, snowmobiles, and similar vehicles owned and used by the occupants of the building to which it is accessory.

Gasoline service station means any area of land, including any structure or structures thereon, that is used or designed for the supply of gasoline or oil or other fuel for the propulsion of vehicles. For the purpose of this chapter, this term shall also mean any area or structure used or designed for polishing, greasing, washing, dry cleaning, spraying (but not including painting) or otherwise cleaning or servicing such motor vehicles.

Grade, finished means the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.

Group housing means a residential development involving the ultimate construction of a group of dwelling units, including a combination of one-family, two-family or multiple-family dwellings on a lot, parcel or tract of land or on a combination of lots under one ownership, and containing common services or facilities.

Guest unit means a room or group of rooms occupied, arranged or designed for occupancy by one or more guests for compensation.

Home occupation means an accessory use of a service or professional character conducted within a dwelling by the family residents thereof, which is clearly secondary and incidental to the use of the dwelling for living purposes and does not change the character thereof.

Hotel means a building in which the rooms are occupied or designed as temporary abiding places for individuals who are lodged with or without meals and in which there are more than ten sleeping rooms served only by a general kitchen and dining facility located within the building.

Junkyard means any land or building over 200 square feet in area used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials, or for abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles or machinery, or parts thereof.

Kennel means any lot or premises used for the sale, boarding or breeding of dogs, cats or other household pets. Kennel shall also means the keeping of three dogs, cats and/or other household pets over the age of six months.

Lodginghouse means a building in which three or more rooms are rented and in which no table board is furnished, but not exceeding five persons.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building with its accessory buildings, and providing the open spaces, parking spaces and loading spaces required by this chapter; provided that the owner of any number of contiguous lots may have as many of such contiguous lots considered a single lot for the purpose of this chapter as he elects and, in such case, the outside perimeter of such group of lots shall constitute the front, rear and side lot lines thereof.

Lot, corner means a lot which has at least two contiguous sides abutting upon a street for their full length.

Lot, depth of means the mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Lot, interior means a lot other than a corner lot.

Lot line means the lines bounding a lot.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the register of deeds in the county, or a lot described by metes and bounds, the deed to which has been recorded in the office of the register of deeds in the county.

Lot, width of means the width measured along the front lot lines or street line.

Major thoroughfare means a public street, the principal use or function of which is to provide an arterial route for through traffic, with its secondary use or function the provision of access to abutting property, and which has been classified as such upon the future land use plan of the city.

Massage parlor means an establishment or place primarily in the business of providing massage services other than a regular licensed hospital or dispensary where non-medical and non-surgical manipulative exercises are practiced upon the human body for other than cosmetic or beautifying purposes by anyone not a physician or surgeon or of a similarly registered status.

Minor or local street means a public way, the principal use or function of which is to give access to abutting properties.

Mobile home. See "Trailer coach."

Motel means a building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory offstreet parking facilities. The term "motel" shall include buildings designated as "auto courts," "tourist courts," "motor courts," "motor hotel," and similar appellations which are designed as integrated units of individual rooms under common ownership.

Nonconforming use means a building, structure or use of land lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the regulations of the district or zone in which it is located.

Open space means any unoccupied space open to the sky on the same lot with a building.

Plan, future land use means an adopted statement of policy by the planning commission relative to the agreed-upon desirable physical pattern of future community development, consisting of a series of maps, charts and written material that represents a sound conception of how the community should grow in order to bring about the very best community living conditions.

Planned unit development means a land area which has both individual building sites and common property, such as a park, and which is designed and developed under one owner or organized group as a separate neighborhood or community unit.

Planning commission means the city planning commission.

Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exist.

Public storage rental facilities: A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of customer's goods or wares.

Public utility means any person, firm, corporation, municipal department or board fully authorized to furnish to the public electricity, gas, steam, telephone, telegraph, transportation or water.

Recreation, private means a recreational space or structure, or combination thereof, belonging to and/or operated by private interests for use by private individuals and/or organizations and/or the public, consisting primarily of manmade structures and/or other artificial apparatus which are necessary to or form the basis for such use.

Recreation, public means any recreational space or structure owned by the public or any space and structure or combination thereof privately owned and publicly used consisting primarily of the utilization of natural physical features as the basis for such use (structures and artificial apparatus being secondary to the primary outdoor use.)

Right-of-way means a street, alley or other thoroughfare or easement permanently established for passage of persons, vehicles or the location of utilities.

Roominghouse means a building where lodging only is provided for compensation.

Secondary thoroughfare means a public street, the principal use or function of which is to provide an arterial route for through traffic, with its secondary use or function the provision of access to abutting property, and which has been classified as such upon the future land use plan for the city.

Setback means the minimum horizontal distance between a structure, excluding steps and unenclosed porches, and the front street or right-of-way line or lot line.

Signs means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity or product, which are visible from any public way and used as an outdoor display.

Site, net area means the total areas within the property lines of a project or development, excluding streets.

Specified anatomical areas means and includes anyone or more of the following: (a) less than completely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (b) human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any one or more of the following: (a) the fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (b) human sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; (c) human masturbation, actual or simulated; d) human excretory functions as part of, or as related to, any of the activities described above; and (e) physical violence, bondage, mutilation, or rape, actual or simulated, as part of or as related to, any of the activities described above.

Stable, private means an accessory building in which horses are kept for private use and not for hire, remuneration or sale.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartments or living quarters shall be counted as a full story.

Story, height of means the vertical distance from the top surface of one floor to the top surface of the next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street line means the legal line of demarcation between a street and abutting land.

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

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Swimming pool means any structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered as an accessory building for the purposes of determining required yard spaces and maximum lot coverage.

Trailer coach or mobile home means any structure used or designed for sleeping, living, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks or similar support, and which has been or reasonably can be, transported or drawn by motive power.

Trailer park or mobile home park means any lot, site, parcel or tract of land under the control or management of any person, upon which two or more trailer coaches are parked or which is offered to the public for that purpose, regardless of whether a charge is made therefor or not, and including any building, structure, tent, vehicle or enclosure used or intended to be used as part of the equipment of such trailer park.

Travel trailer means a recreational vehicle designed to be used for temporary residence purposes and commonly known as a travel trailer or recreational vehicle.

Travel trailer park means the two basic types of travel trailer parks as follows:

(1)

Overnight park means a park having elaborate facilities and is usually located along or near a main highway where trailers stay overnight on the way to some other destination.

(2)

Destination park means a park located at or near a scenic or historic area or near fishing, hunting, boating, skiing or other recreational facilities and has sufficient washroom and restroom facilities to meet the demands, plus providing tot lot recreational facilities, such as swings or slides.

Use means the purpose for which land or a building is arranged, designed or intended, or for which land or a building may be occupied.

Variance means a modification of the literal provisions of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Yard means an open space on the same lot with a building unoccupied, and unobstructed from the ground upward except as otherwise provided herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line.

Yard, front means a yard extending across the front of a lot between the side lot lines and measured between the front line of the lot and the nearest point of the main building or land use.

Yard, rear means an open space on the same lot with a main building unoccupied except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot or the centerline of the alley, if there is an alley, and the rear line of the building.

Yard, side means an open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a front line or a rear line shall be deemed a side line.

Zoning administrator means an officer appointed by the mayor with the recommendation of the planning commission, to effect proper administration of this chapter. The zoning administrator shall not be considered an administrative officer under section 6.6 and section 10.2 of the city Charter.

Zoning permit means a permit required for any change in use of land or structure in accordance with the provisions of this chapter.

(Ord. No. 38, § 10.2, 3-11-1955; Ord. No. 86, § 1, 5-3-1982; Ord. No. 161, § 1, 2-17-1998; Ord. No. 166, § 3, 3-15-1999; Ord. No. 168, § 1, 9-10-1999, Ord. No. 170, 1-27-2000; Ord. No. 178, § 1, 12-15-2001)

Cross reference— Definitions generally, § 1-2.

It is the purpose of this chapter to:

(1)

Promote the public health, safety, morals, comfort, convenience and general welfare of the inhabitants of the city by encouraging the use of lands and natural resources in the city in accordance with their character, adaptability and suitability for particular purposes;

(2)

Enhance social and economic stability;

(3)

Prevent excessive concentration of population;

(4)

Reduce hazards due to flooding;

(5)

Conserve and stabilize the value of property;

(6)

Provide adequate open space for light and air;

(7)

Prevent fire and facilitate the fighting of fires;

(8)

Allow for a variety of residential housing types and commercial and industrial land uses;

(9)

Lessen congestion on the public streets and highways;

(10)

Facilitate adequate and economical provision of transportation, sewerage and drainage, water supply and distribution, and educational and recreational facilities: assuring adequate provisions for food, natural resources, housing, and commerce, insuring appropriate locations and relationships for uses of land;

(11)

Facilitate the expenditure of funds for adequate public facilities and services and the expenditure of funds for other public facilities and services, by establishing herein standards for physical development in accordance with the objective and policies contained in the future land use plan for the city; and

(12)

Provide for the administration and enforcement of such standards.

(Ord. No. 38, Art. II, 3-11-1955; Ord. No. 86, § 1, 5-3-1982)

In the interpretation, application and enforcement of the provisions of this chapter whenever any one of the provisions or limitations imposed or required by the provisions of this chapter are more stringent than any other law or ordinance, then the provisions of this chapter shall govern, provided that whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such other law or ordinance shall govern.

(Ord. No. 38, §§ 3.2.1(4), 3.2.2, 3-11-1955; Ord. No. 86, § 1, 5-3-1982)

The zoning administrator shall enforce the provisions of this chapter. It shall be considered unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. Any and all building or land use activities considered possible violations of the provisions of this chapter observed or communicated to police and fire department employees or to any city officials shall be reported to the zoning administrator.

(1)

Inspection and notice of violation. The zoning administrator shall inspect each alleged violation and shall order correction, in writing, of all conditions found to be in violation of this chapter. The written notice of such violations shall include a description of the property sufficient for identification, a statement of the violation and why the notice is being issued, a correction order allowing a reasonable time to make repairs or improvements required to bring the violation back into compliance with the provisions of this code as described in 98-5(2) below, inform the property owner of the right to appeal, and include a statement of the right to file a lien in accordance with 98-5(3), below.

(2)

Correction period. All violations shall be corrected within a period of 30 days after the order to correct is issued or such longer period of time, not to exceed six months, as the zoning administrator shall permit. A violation not corrected within this period shall be the subject of a municipal civil infraction action under the Leslie City Code or reported to the city attorney who is hereby authorized and empowered to initiate procedures to eliminate such violations.

(3)

Prosecution of violations. Any person failing to comply with a notice of violation or order shall be issued and served with a municipal civil infraction citation or be deemed guilty of a misdemeanor as determined by the local municipality. Any violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the zoning administrator may institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located, and shall be a lien upon such real estate.

(4)

Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be subject to the civil penalties and schedule of fines then in effect for municipal civil infraction violations or prosecuted within the limits provided by state or local laws. For each and every day the violation continues beyond the permissible grace period, a separate offense shall be declared.

(5)

Abatement of violation. The imposition of penalties herein prescribed shall not preclude the legal officer of the jurisdiction or city attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building structure or premises.

(Ord. No. 38, § 3.2.1, 3-11-1955; Ord. No. 2017-01, § 1, 1-3-2017)