Lexington City Zoning Code
ARTICLE 2
DEFINTIONS
Sec. 2.1 RULES APPLYING TO TEXT
The following rules shall apply to the text and language of this Ordinance:
Sec. 2.2 DEFINITIONS
For the purpose of this Ordinance, certain words and terms are herewith defined.
Illustrations of specific definitions are provided.
100- YEAR FLOOD PLAIN. The flood plain that is inundated by a flood with a magnitude that has a 1% chance of being equaled or exceeded in any given year.
ACCESSIBLE EV CHARGING STATION. An electric vehicle charging station where the battery charging station is located within accessible reach of a barrier-free access aisle and the electric vehicle.
ACCESSORY BUILDINGS AND STRUCTURES. A supplementary building or structure on the same lot or parcel of land as the principal building, occupied by or devoted exclusively to an accessory use. This definition refers to both temporary and permanent structures, and includes canvas, vinyl or similar carports, storage tents (as opposed to personal recreational tents) and shelters.
ACCESSORY USE. A use reasonably and customarily, incidental and subordinate to, the principal use of the premises.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined. For the purposes of this definition "substantial or significant portion of stock" shall be no more than 20 sq. feet.
ADULT FOSTER CARE FACILITY. A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. The following additional definitions shall apply in the application of this Ordinance:
1. Adult Foster Care Small Group Home: An owner-occupied facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.
2. Adult Foster Care Large Group Home: A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, twenty- four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.
3. Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
4. Adult Foster Care Congregate Facility: An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.
ADULT LIVE NUDITY ESTABLISHMENTS. Any establishments which provide live entertainment for its patrons, which includes the display of nudity.
ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished by an emphasis or matter depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT PARAPHERNALIA STORE. An establishment having as a substantial or significant portion of its stock, devices, object, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement. The definition of "substantial or significant portion of stock" shall be no more than 20 sq. feet.
ADULT USE. For the purposes of this definition, Adult Use shall be defined as any of the following: Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, Live Nudity Establishment and Exotic Massage Facilities.
ADULT VIDEO STORE. An establishment having a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement. The definition of substantial or significant is above mentioned in letter ‘A’.
AGRIBUSINESS ESTABLISHMENT. Businesses catering exclusively to the agricultural community. They may include, but not necessarily be limited to, the commercial production, processing, packaging or sale of farm products, the sale of seed and feed and livestock auctioning, but shall not include slaughterhouses or tanneries. For the purposes of this ordinance, an agribusiness shall not include an open-air farmers market, as defined herein.
AGRITOURISM ESTABLISHMENT. A farm enterprise operated for the enjoyment and education of the public that may also generate additional farm income by promoting farm products. An agritourism enterprise includes, but is not limited to: u-pick fruits and vegetable operations; educational tours; historical agricultural exhibits; educational classes, lectures, and seminars; petting farms, animal display and pony rides; outdoor mazes of agricultural origin, such as straw bales or corn; wagon, sleigh, and hayrides; nature trails; outdoor picnic areas; the use or rental of farm buildings for special events; and other similar uses. Overnight sleeping accommodations, except for a bed and breakfast, are specifically excluded from this definition.
ALCOHOL MANUFACTURING FACILITIES.
1. Brewpub: a "brewpub", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
2. Micro-Brewery: an establishment of a "micro brewer", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
3. Brewery: an establishment of a "brewer", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
4. Small Winery: an establishment of a "small wine maker", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
5. Winery: an establishment of a "wine maker", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
6. Small Distillery: an establishment of a "small distiller", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
7. Distillery: an establishment of a "distiller", as defined in the Michigan Liquor Control Code, Public Act 58 of 1998, as amended, which is regulated and licensed by the State of Michigan.
AUTOMOBILE DEALER. A building or premises used primarily for the sale of new or used automobiles.
AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding, or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, overall painting, and vehicle rustproofing.
AUTOMOBILE SERVICE STATION. A place that is used or designed to be used for the retail supply of gasoline and other fuels used for the propulsion of motor vehicles, kerosene, motor oil, lubricants, or grease, including sale of accessories and services, such as: polishing, washing, cleaning, greasing, undercoating, and minor repairs, but not including bumping, painting, or refinishing thereof. In addition to automobile service, convenience stores and carry out restaurants may be included.
AUTOMOBILE WASHES. A building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.
AUXILIARY PARKING LOT. A parking area that is provided in excess of required parking spaces for the permitted use.
BASEMENT. That portion of a building having more than one-half (1/2) of its height below finished grade (see Figure 1).
FIGURE 1
BATTERY CHARGING STATION. An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
BATTERY EV. Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero tailpipe emissions or pollution when stationary or operating.
BED AND BREAKFAST OPERATIONS. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.
B.F.E. Base Flood Elevation
BLOCK-FRONTAGE. One side of a street between two consecutive intersections.
BOARDING HOUSE. A house (often a family home) in which a lodger(s) rent one or more rooms for one or more nights.
BUILDING. A structure having a roof supported by columns or walls.
BUILDING CODE. The currently adopted code or codes regulating building construction in the Village of Lexington.
BUILDING HEIGHT. The building height is the vertical distance measured from the finished grade level to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridges of gable, hip, and gambrel roofs. Where the building may be situated on sloping terrain, this height shall be measured from the average level of the finished grade at the building wall (see Figure 2).
Figure 2
BUILDING SETBACK LINE. The line established by the minimum required setbacks forming the area within a lot in which a building may be located.
BUILDING OFFICIAL. The administrative official designated by the Village Council to enforce the Building Code.
CAMPGROUND. A parcel of land on which more than four (4) recreational vehicles, trailer coaches, camper-trailers, tents, or other types of shelter are located, used and occupied for outdoor camping and temporary living quarters for recreational, educational or vacation purposes.
CEMETERY. One or a combination of more than one of the following:
1. A burial ground for earth interments.
2. A mausoleum for crypt entombments.
3. A crematory for the cremation for human remains.
4. A columbarium for the inurnment of cremated remains.
CHARGING LEVELS. The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications:
1. Level-I is slow charging. Voltage ranges from 0 through 120.
2. Level-2 is medium charging. Voltage ranges from 121 through 240.
3. Level-3 is fast or rapid charging. Voltage range greater than 240.
COMMERCIAL USE. The use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services, and the maintenance or operation of offices.
CONVALESCENT OR NURSING HOME. A nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of 1985, as amended, being Sections 36.1 to 36.12 of the Michigan Compiled Laws, which provides organized nursing care and medical treatment to seven (7) or more unrelated individuals suffering or recovering from illness, injury, or infirmity.
CONVENIENCE GROCERY STORE. A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience grocery stores are designed to attract a large volume of stop-and-go traffic.
DAY CARE FACILITIES. The following definitions shall apply in the application of this Ordinance:
1. Family Day Care Home: A state-licensed, owner-occupied private residence in which one (1) but 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 legal guardian, excepting children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.
2. Group Day Care Home: A state-licensed, owner-occupied private residence in which seven (7) but not more than twelve (12) children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.
3. Day Care Center: A state-licensed facility, other than a private residence, receiving one (1) or more children for care and supervision for periods less than twenty-four (24) hours, and where the parents or guardians are not immediately available to the child.
DESIGN REVIEW. Process of review and approval prior to the issuance of land use permits by the Zoning Administrator and the Planning Commission of architecture renderings, building plans, exterior materials, and site plans pertaining to new construction of residential, single-family dwellings proposed on cottage lots within the R-1 zone districts.
DISTRICT. A portion of the Village within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.
DRIVE-THROUGH ESTABLISHMENT. A business establishment so developed that its retail or service character is dependent on providing a driveway approach so as to serve patrons while in the motor vehicle rather than within a building or structure. This definition shall not include a drive-through restaurant, which is separately defined and regulated by this Ordinance.
DUMPSTER. A bin or other rigid container that is placed long-term at a property for the purpose of temporary storage of solid waste, site-separated materials, or source-separated materials, as defined in this chapter, for periodic pick-up by a waste hauler.
DWELLING. A dwelling is a building used exclusively as a residence by not more than one (1) family but in no case shall a travel trailer, motor home, trailer coach, automobile chassis, tent or other portable building be considered a dwelling.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, used or designed as residences for three (3) or more families living independently of each other and each doing their own cooking in the building, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied exclusively by, one (1) family, and containing one (1) dwelling unit only.
DWELLING, STACKED. A dwelling where units are stacked above each other such as lofts.
DWELLING, TOWNHOUSE. A self-contained single dwelling unit attached to a similar single dwelling unit with party or common walls, designed as part of a series of three (3) or more dwelling units, each with: a separate entryway with direct access to the outdoors at ground level, a separate basement, a separate garage, separate utility connections and defined front yards. Townhouses may also be known as attached single-family dwelling units, row houses, clustered single-family dwellings, or stack ranches. Any three (3) or more attached dwellings not meeting the above criteria shall be considered a multiple- family dwelling.
DWELLING, TWO-FAMILY. A building consisting of two (2) dwellings.
EASEMENT. The right of an owner of property by reason of such ownership, to use the property of another for purposes of ingress, egress, utilities, drainage, and similar uses.
ELECTRIC VEHICLE (EV). Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose.
"Electric vehicle" includes:
1. Battery electric vehicle
2. Plug-in hybrid electric vehicle
3. EV CHARGING STATION.
ESSENTIAL SERVICES. Services that are erected, constructed, altered, or maintained by public utilities or municipal agencies of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, poles, and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities or municipal agencies.
EV CHARGING STATION. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
EV CHARGING STATION, PRIVATE RESTRICTED USE. An electric vehicle charging station that is (I) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).
EV CHARGING STATION, PUBLIC USE. An electric vehicle charging station that is (I) publicly owned and publicly available (e.g., Village Office or Tierney Park parking lot) or (2) privately owned and available to visitors of the use (e.g., grocery store parking).
EV INFRASTRUCTURE. Conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations.
EXTRACTIVE OPERATION. Premises from which any rock, gravel, sand, topsoil, or earth in excess of fifty (50) cubic yards in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or within public highway rights-of-way.
FAMILY. An individual or a group of two (2) or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with no more than one (1) additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit, or A collective number of individuals domiciled 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 non-commercial 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.
FEMA. Federal Emergency Management Agency.
FENCE. A permanent or temporary barrier enclosing or bordering a plot of land or portion thereof composed of suitable man-made materials for the purpose of preventing or controlling entrance or to confine within or to mark boundary.
FLEA MARKET. Sale activity held within a building, structure, or an open area where groups of individual sellers offer goods, new and/or used for sale to the public, not to include private garage sales or rummage sales.
FLOOR AREA. The sum of the gross horizontal areas of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.
FLOOR AREA RATIO (FAR). Ratio of total floor area of the home compared to the lot area, not including spaces below grade and accessory structures. (Ex. FAR = .5 and lot area = 10,000: 10,000 sq. ft. x .5 = 5,000 sq. ft. max floor area).
GARAGE. A structure which is accessory to a principal residential dwelling, and which is used for the parking and storage of vehicles owned and operated by the residents thereof.
GRADE. The degree of rise or descent of a sloping surface.
GRADE, FINISHED. The final elevation of the ground surface after development.
GRADE, NATURAL. The elevation of the ground surface in its natural state before man-made alternations.
HARDSHIP, UNNECESSARY. An unnecessary hardship is governed by the four following rules. An applicant’s personal hardship that does not relate to the land is not sufficient to support a variance.
1. Unnecessary hardship is a circumstance of a property owner’s land such that if used in strict compliance with the zoning ordinance, the property cannot yield a reasonable return (not "the owner’s greatest desired return").
2. Furthermore, an unnecessary hardship must be unique, and not a condition that prevails generally throughout the zoning district. (Unique: A situation having no like or equal, highly unusual, extraordinary, or rare.)
3. The owner must also establish that the use of the property will not change the character of the neighborhood if the variance is granted.
4. The circumstance of the asserted hardship must not be self-created.
HOME OCCUPATION. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOUSING FOR THE ELDERLY. A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty-two (62) years of age or older, or couples where either spouse is sixty-two (62) years of age or older. This does not include an adult foster care facility, home for the aged, or nursing home.
IGLD 85. International Great Lakes Datum of 1985.
JUNK YARD. A place, structure, parcel, or use of land where junk, waste, discard, salvage, or similar materials such as old iron or the metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, housing wrecking, and structural steel materials and equipment, and including establishments for the sale, purchase, or storage or salvaged machinery and the processing of used, discarded, or salvaged materials, for any thirty (30) consecutive days.
KENNEL. A kennel is any place or premise where three (3) or more adult dogs, cats, or other domestic pets are maintained, boarded, bred, or cared for in return for remuneration, or are kept for the purpose of sale.
LANDSCAPING. The following definitions shall apply in the application of this Ordinance:
1. Berm: A landscaped mound of earth which blends with the surrounding terrain.
2. Buffer: A landscaped area composed of living material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.
3. Conflicting non-residential land use: Any non-residential use, such as office, commercial, industrial, research, parking or public road right-of-way land use which abuts a residential land use.
4. Conflicting residential use: Any residential land use developed at a higher density which abuts a residential land use developed at a lower density.
5. Greenbelt: A landscaped area, established at a depth of the minimum required front yard setback within a Zoning District, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.
6. Opacity: The state of being impervious to sight.
7. Plant material: A collection of living evergreens and/or deciduous, woody-stemmed trees, shrubs, vines, and ground cover.
LIVING QUARTERS. A building or area in a building designed as an abode distinguished with kitchen facilities that compliment sleeping facilities.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.
LODGING FACILITY. Any establishment in which individual units are rented to transients for periods of less than thirty (30) days for the purpose of sleeping accommodations. The term shall include hotels and motels but shall not include bed and breakfast operations, multiple- family dwellings or rooming houses.
LOT. Parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public street, or on an approved private street, and may consist of:
1. A single lot of record;
2. A portion of a lot of record;
3. Any combination of complete and/or portions of lots of record;
4. A parcel of land described by metes and bounds.
LOT AREA. The total horizontal area within the lot lines of a lot but excluding that portion within a street right-of-way.
LOT, CORNER. A lot with frontage on two intersecting streets. (See Figure 3)
LOT, COTTAGE. A lot of record in a R-1 single family residential zone that is smaller in area or width than the requirements of the zone that it occupies. The lot must have existed prior to January 1, 2017. Cottage lots are exempt from all provisions of Article 10, the non- conformity article, of this ordinance.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The mean horizontal distance from the front line to the rear lot line; or in the Lot Area. The total horizontal area within the lot lines of a lot but excluding that portion within a street right-of-way.
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 will 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 structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front. (See Figure 3)
FIGURE 3
LOT, INTERIOR. An interior lot is a lot other than a corner lot with only one (1) lot line fronting on a street.
LOT, WIDTH. The required horizontal distance between the side lot lines measured at the two (2) points where the required front yard setback line intersects the side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to eighty (80%) percent of the required lot width.
LOT LINES. Any line dividing one lot from another or from a public right-of-way, and thus constitutes the property lines bounding a lot.
LOT OF RECORD. A lot of record is a lot, the dimensions of which are shown on a subdivision plat recorded in the Office of the Register of Deeds for Sanilac County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a Professional Engineer or Registered Surveyor, so designated by the State of Michigan, and said description so recorded or on file with the County.
MANUFACTURED HOME. A mass-produced structure, (premanufactured, prefabricated, modular, or mobile home), transportable in one (1) or more sections, that may be built on a chassis, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems, and assembled at other than the final location of the unit of the building or structures by a repetitive process under circumstances intended to insure uniformity of quality and material content. Said structures to be built to either the Michigan State Construction Code Act of 1972, as amended, (MCL 125.1501-1536) and/or the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5426). For the purposes of this Ordinance, a manufactured home shall be considered and regulated as a mobile home.
MANUFACTURING. The use of land, buildings, or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale or other use of any goods, substance, article, thing, or service.
MAXIMUM LOT COVERAGE. The use of land, buildings, or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale or other use of any goods, substance, article, thing, or service.
MAXIMUM LOT COVERAGE. Total permitted area of a lot that is not open space due to structures built on the land. Structures such as principal buildings, garages, accessory buildings, decks, porches, and parking lots are counted. Ground covering such as residential driveways, gazebos, yard ornaments and signs are not counted.
MDEQ. Former Michigan Department of Environmental Quality, now known as the Michigan Department of Environment, Great Lakes, and Energy.
MEZZANINE. Is an intermediate floor in any story occupying but not to exceed more than one-third (1/3) of the floor area of such story.
MOBILE HOME. A detached portable single-family dwelling, prefabricated on its own chassis and intended for long-term occupancy. The unit contains sleeping accommodations, a flush toilet, a wash basin, a tub, or shower, eating and living quarters. It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.
MOBILE HOME PARK. Any parcel of land intended and designed to accommodate more than one (1) mobile home or manufactured home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to that living use.
NATIVE VEGETATION. An indigenous plant that occurs naturally in a particular ecosystem. See OURS TO PROTECT, Natural Features Inventory and Natural Landscaping Recommendations for Lexington’s Public Lakefronts. A project of the Village of Lexington Environmental Committee, 2012. General Resource Guide available for review at the Lexington Village Office, 7227 Huron Ave. Suite 100, Lexington Mi.
NATURAL ORDINARY HIGH-WATER MARK (NOHWM). Identified by observable physical characteristics of the shoreline, not by fixed elevation. This includes changing in vegetation, soil, sand conditions, and evidence of regular wave action. The NOHWM is used for determining public walking rights and shoreline access, and it can move lakeward or landward as the lake levels change.
NAVD 88. North American Vertical Datum of 1988.
NON-CONFORMING BUILDING. A non-conforming building is a building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, and which does not conform to the provisions of the Ordinance in the zoning district in which it is located.
NON-CONFORMING USE. A non-conforming use is a use which lawfully occupied a building or land at the effective date of this Ordinance, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
NON-ELECTRIC VEHICLE. Any motor vehicle that does not meet the definition of electric vehicle.
NURSERY, GREENHOUSE, OR GARDEN CENTER. A building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public.
OFF-STREET PARKING AREA. A land surface or facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two (2) automobiles.
OHWM. Ordinary High-Water Mark.
OPEN AIR ‘FARMERS MARKET’. A ‘Farm Market’ is defined as an open-air market within the Village of Lexington. The Farm Market is required to be permitted by the Village and is limited in days and times as provided by the rules, fees, and conditions as prescribed by the Village Council. Retail sales may include;
1. Retail fruits, vegetables, and perishable foods.
2. Retail sale of trees, shrubbery, flowers, seeds, bulbs, topsoil, and organic fertilizer.
3. Home baked goods such as pies, bread, cookies, and cakes.
4. Canned pickles, fruit, and vegetables
5. The products listed in #3 and #4 shall be compliant with the rules of the Sanilac County Health Department (SCHD) and be labeled appropriately.
6. Wine – Local wine makers may offer samples; sell their product providing they display a permit from MLCC (Michigan Liquor Control Commission) and are in compliance with SB 79 of 2013.
ORDINARY HIGH-WATER MARK. Is based on a fixed elevation line. This line does not change with fluctuating lake levels. This line is used for legal purposes such as ownership of submerged lands, permitting, docks, seawalls, and other regulatory activities. This elevation does not change with fluctuating lake levels.
PARKING SPACE. One (1) unit of a parking area provided for the parking of one (1) vehicle, and shall be exclusive of driveways, aisles, or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
PLUG-IN HYBRID ELECTRIC VEHICLE. An electric vehicle that (I) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal- combustion-driven generator; and (4) can travel powered by electricity.
PRINCIPAL BUILDING OR STRUCTURE. The main building or structure in which the primary use is conducted.
PUBLIC UTILITY. Any person, firm, corporation, or municipal agency authorized under Federal, State, County, or municipal regulations to furnish electricity, gas, communications, transportation, water, or sewer services.
RECREATIONAL VEHICLE. "Recreational Vehicles" shall include the following:
1. Boats and Boat Trailers: "Boats" and "boat trailers" shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.
2. Folding Tent Trailer: A canvas folding structure, mounted on wheels, and designed for travel and vacation use.
3. Motor Home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.
4. Other Recreational Equipment: Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.
5. 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.
6. Travel Trailer: A portable vehicle on a chassis, not exceeding thirty-six (36) feet in length or nine (9) feet in width, 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.
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, sit-down restaurant, or bar/lounge, or combination thereof, as defined below.
1. 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.
2. Restaurant, Drive-in: A restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages, or other food served directly to or permitted to be consumed by patrons in cars or other vehicles parked on the premises or permitted to be consumed by patrons elsewhere on the site outside the main building.
3. Restaurant, Drive-through: A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a window, permitting the customer to remain in its vehicle, for consumption primarily off the premises.
4. 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 or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.
5. Restaurant, Sit Down: A sit- down restaurant is a restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or 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.
6. Bar/Lounge: A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
RIGHT-OF-WAY. A legal right of passage over real property typically associated with roads and railroads.
ROOMING HOUSE. A dwelling in which more than three (3) persons either individually or as families are housed or lodged for hire without meals.
SCREEN. A structure providing enclosure, such as a fence, and/or visual barrier between the area enclosed and the adjacent property. A screen may also consist of living materials such as trees and shrubs.
SEASONAL PARKING LOT. A parking area designed to service a limited, defined group of users less than six (6) months per year during the non-winter months.
SENIOR ASSISTED LIVING. A type of semi-independent housing facility for senior citizens 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.
SENIOR INDEPENDENT LIVING. Typically, multiple-family dwelling units occupied by persons 55 years of age or older. Units will include individual kitchen facilities; however, common dining and community facilities may be provided.
SETBACK. The minimum required horizontal distance between the building or structure and the front, side, and rear lot lines, and natural features.
SHOPPING CENTER. More than one (1) commercial establishment, planned, developed, owned, and managed as a unit, with off-street parking provided on the property.
SHORT TERM RENTAL. The rental of a residential dwelling or a portion of a dwelling for lodging for compensation (including but not limited to financial and monetary exchanges, barter, borrow, care or similar compensation) for a term of less than 30 days at least three (3) times per year.
SIDEWALK CAF. A designated outdoor space operated by a street-level restaurant establishment, which is located on or adjacent to the site of such establishment and which is used exclusively for dining and drinking.
SIGN. A device which is affixed to, or otherwise located or set upon a building, structure or parcel of land which directs attention to an activity, or business. The definition includes interior signs which are directed at persons outside the premises of the sign owners and exterior signs, but not signs primarily directed at persons within the premises of the sign owner. The definition does not include goods for sale displayed in a business window. The following additional definitions are provided.
1. Accessory sign: A sign which is incidental and subordinate to the principal identification of a business, commodity, profession, activity, attraction, or service.
2. Awning: A structure made of cloth, canvas, metal, plastic, or other material that serves as a shelter, decoration, or advertisement as over a storefront, window, door or deck which projects beyond the face of the building. An awning by itself is not a sign. An awning with lettering, a logo or some form of advertising display is considered to be a sign.
3. Banner: A sign intended to be hung either with or without a frame, possessing characters, lettering or ornamentations applied to paper, plastic or fabric of any kind including flags, streamers, emblems, and insignias which are displayed for non- commercial purposes.
4. Bulletin Board: A sign containing a surface upon which is displayed the name of a religious institution, school, library, community center or similar institutional or community service use, and the announcement of its services or activities.
5. Canopy: A structure other than an awning made of cloth, plastic, metal, or material framing affixed to a building and carried by a frame which is supported by the ground.
6. Canopy Sign: A sign displayed and affixed flat on the surface of a canopy and which does not extend vertically or horizontally beyond the limits off the canopy.
7. Changeable Copy Signs: A sign on which the copy or symbols change either automatically through electronic means or manually through placement of letters or symbols on a panel mounted on a track system.
8. Digital displays: The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays include, for example, LCD, LED, and plasma displays.
9. Display Surface Area: The net geometric area enclosed by the display surface of the sign, including the outer extremities of all letters and characters: provided, however, ‘display surface area’ shall not include the structural supports for free standing signs: Only one face of a double-faced sign shall be considered in determining the display surface area.
10. External Illumination: Illumination of a sign which is affected by an artificial source of light which is not contained within the sign itself.
11. Feather Flag Sign: A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flag signs are generally a single sign attached to a support post and typically having a dimensional ratio of at least 4 high to 1 wide. Such signs are also known as tear drop flags, wind feather flags, flutter signs, or bow flags.
12. Flashing Signs: A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation.
13. Free Standing/Ground Sign: A sign which is not attached to any part of a building or structure. The supported structure of the sign shall be set firmly in or below the ground surface and shall not be attached to any other structure. A pole sign is a ground sign. A billboard is not considered a ground sign.
14. Illuminated Sign: Any sign which has characters, letters, figures, designs, or outlines illuminated by an electric light or luminous tubes as part of the sign proper. An LED or digital sign is a type of illuminated sign.
15. Interactive Signs: An electronic or animated sign that reacts to the behavior or electronic signals of automobiles.
16. Marquee: A sign on a marquee which is a roof-like structure, often meant to bear a signboard, projecting over an entrance, such as to a theater.
17. Mechanical Movement signs: A sign having parts that physically move rather than merely appear to move (as might be found in a digital display).
18. Murals: A large picture or artwork painted on or affixed on a wall.
19. Nameplate Sign: An accessory sign stating a name, a street or street number, a person, a firm, a building, or institution of a certain permitted use.
20. Non-accessory Sign (Off-premises sign, billboard): A sign which advertises goods, services, facilities, events, or attractions not on the premises where located and does not pertain to the principal use of the premises.
21. Non-Conforming Sign: A sign existing at the effective date of the adoption of this section which could not be built under the terms of this chapter. A sign which does not adhere to one (1) or more of the provisions in this ordinance.
22. Permanent Sign: Any sign which is not portable or temporary and is affixed to a building, a structure or anchored in the ground.
23. Portable Sign: Any sign that is designed to be transported, including, but not limited to signs:
a. With wheels removed.
b. With chassis or support constructed without wheels.
c. Designed to be transported by trailer or on wheels.
d. Mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related businesses when the vehicle is being used in the normal day to day operations of that business.
e. Attached temporarily to ‘A’ or ‘T’ frames.
f. Attached temporarily to the ground, a structure, or another sign.
g. Search light stands, and
h. Inflatable balloons, characters or umbrellas used for advertising.
24. Projecting Sign: Any sign affixed to a building or structure at an angle or perpendicular to the wall it is attached to. A projecting sign may also be a sign that is affixed to a wall and projects past the building’s exterior wall or roofline.
25. Real Estate Sign: A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.
26. Roof Sign: Any sign wholly erected to, constructed/or maintained on the roof structure of any building.
27. Sandwich Board Sign: A temporary sign designed in an A-frame fashion, having back-to-back sign faces to identify businesses, and not permanently attached to the ground, building or other structure.
28. Sign Surface: That part of the sign upon, against, or through which the message is displayed or illustrated.
29. Temporary Sign: A non-permanent sign erected, affixed, or maintained on a premises for a short, usually fixed period of time.
30. Wall Sign: A sign which is affixed parallel to the wall or printed on the wall of any building. For the purposes of this section any sign which is affixed to the sloping surface of a mansard roof, an awning and signs affixed to a building face marquee, or a canopy shall be considered a wall sign. Further, portions of murals shall be considered wall signs if they include specific services, goods or products, or a representation of the types of services, goods or products provided. No portion of the mural may include advertisement of services, goods or products that are off - premises.
31. Window Sign: A sign installed inside a window and intended to be viewed from the outside.
SITE CONDOMINIUM. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. The following additional definitions are provided:
1. Condominium Act: Act 59, Public Acts of 1978, as amended.
2. Condominium Documents: The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affect the rights and obligations of a co-owner in the condominium.
3. Condominium Lot: The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended.
4. Condominium Unit: The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
5. General Common Elements: The common elements other than the limited common elements.
6. Limited Common Elements: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
7. Master Deed: The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.
SPECIAL LAND USE. A use which typically exhibits certain characteristics related to its operation or installation, such as noise, traffic, odor, hours of operation, etc., which may not in all circumstances be compatible with other uses in the zoning district in which it is permitted and, as a result, is subject to a special review process and requirements or conditions not applicable to other uses in the same zoning district.
STORY. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
STORY, ONE-HALF. A story under the gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story and the floor area shall not exceed two-thirds (2/3) of the area of the floor below.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE. The dividing line between the street right-of-way and the lot. When such right- of-way is not definable, a line shall be defined as thirty-three (33) feet on either side of the center of the street.
STRUCTURE. Anything constructed or erected above ground level, or which is attached to something located on the ground. Structures typically include such things as buildings, amateur radio towers, sheds, and decks.
USACE. United States Army Corps of Engineers.
VETERINARY OFFICE OR HOSPITAL. An institution which is licensed by the Michigan. Department of Health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary office or hospital may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services, and offices.
WIRELESS COMMUNICATION FACILITIES. Transmitters, antenna structures, towers, and other types of equipment necessary for providing wireless communication services and all commercial mobile services, including all those that are available to the public (for-profit or not-for-profit) which give subscribers the ability to access or receive calls from the public switched telephone network. Not included within this definition are: citizen band radio facilities; short wave facilities; ham amateur radio facilities; satellite dishes; and governmental facilities which may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this Ordinance, the following additional terms are defined:
1. Equipment Compound. An area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
2. Wireless Communications Equipment (WCE). The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
3. Wireless Communication Support Structures (WCSS). A structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
4. Collocation. To place or install wireless communications equipment on an existing wireless communications support structure or in an existing wireless communication equipment compound. Collocate has a corresponding meaning.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. In all cases, the front lot line shall be considered to be that portion of the lot which abuts a public road right-of- way, private road easement or shoreline (see Figure 4).
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building (see Figure 4)
YARD, SIDE. A yard between any building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of principal building (see Figure 4).
FIGURE 4
