The following rules of construction shall apply to the text of this article:

(1)

All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases that have a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.

(2)

The particular shall control the general.

(3)

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

(4)

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

(5)

The word "use" includes the words, structures and buildings associated with such use.

(6)

When not inconsistent with the context, words in the present tense shall include the future, words in the singular number shall include the plural, and words in the plural shall include the singular.

(7)

The word "building" includes the word "structure," and the word "dwelling" includes the word "residence." A "building" or "dwelling" includes any part thereof.

(8)

The words "used" or "occupied" include the words "intended," "designed," or "arranged" to be used or occupied.

(9)

The word "person" includes any firm, association, organization, partnership, trust, corporation, or similar entity, as well as an individual.

(10)

The word "lot" includes the words "plot" and "parcel."

(11)

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

a.

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

b.

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

c.

"Either…or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(12)

The masculine gender shall include the feminine and the feminine gender shall include the masculine.

(13)

Whenever a reference is made to several sections and the section numbers are connected by the word "to," the reference includes both sections whose numbers are given and all intervening sections.

(14)

"Day" refers to a calendar day unless otherwise specified as a working day, business day, etc. In computing a period of days, if the first day or the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.

(Ord. No. 299 of 2011, § 201, 2-14-2011)

For the purpose of this chapter, terms pertaining to access, building, property, land use, building use, building measurement, and enforcement shall have the following meaning:

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

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

Adult foster care family home means a private residence licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.), with the approved capacity to receive six or fewer adults who are provided with foster care for five or more days a week, and for two or more consecutive weeks, for compensation. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult foster care large group home means a facility licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.), with the approved capacity to receive at least 13 but not more than 20 adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks, for compensation.

Adult foster care small group home means a facility licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.), with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks, for compensation.

Alley means any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.

Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Amusement park means a facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sales of items, buildings for shows and entertainment, and restaurants and souvenir sales.

Apartment means a dwelling unit in a "multiple-family dwelling" as defined herein.

Assisted living facility means a residence for the frail elderly that provides rooms, meals, and personal care. Other services, such as recreational activities, financial services, and transportation, may also be provided.

Automobile means a self-propelled, free-moving vehicle, with four wheels, usually used to transport not more than six passengers and licensed by the appropriate state agency as a passenger vehicle.

Automobile/gasoline service station means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of automobiles.

Automotive repair garage means a premises where the following services may be carried out in a completely enclosed building: general repairs, engine rebuilding, rebuilding or reconditioning of motor vehicles; auto glass work, collision service such as body, frame or fender straightening and repair; painting and undercoating of automobiles. Retail sale of motor fuels, lubricants and accessories may also occur on these premises.

Automobile wash facility means a structure containing facilities for washing automobiles, including automatic or self-service applications of cleaning solutions, water, wax and/or heat for drying.

Basement means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from average grade to the floor is greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the grade to the ceiling is over five feet, such basement shall be rated as a first story.

Bed and breakfast means a single-family detached dwelling, containing four or fewer sleeping rooms available for rental to transient tenants for less than 15 consecutive nights. Guest accommodations shall be subordinate to the principal use of the dwelling as a single-family residence. Meals shall be served to transient tenants at no additional cost in accordance with Public Act No. 112 of 1987 (MCL 125.1504b).

Billboard means a large sign that is affixed to or erected upon a freestanding framework, designed or intended to be used for posting information not pertaining directly to the use of the premises on which it is located.

Buffer strip means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

Buildable area means the area of a lot remaining after the minimum yard and open space requirements of this chapter have been met.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. This shall include tents, awnings or vehicles situated on private property and used for such purposes.

Building, accessory. See Accessory building.

Building area means the area covered by a structure, measured from the exterior walls of the structure.

Building height means the vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. (BOCA National Building Code, slightly modified.)

Building line means a line parallel to the street touching that part of a building closest to the street.

Building, principal. See Principal building.

Business services means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.

Campground means a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.

Cellular communications site means any tower, roof-mounted, side-mounted or monopole facility used for the transmission of cellular (wireless) communications.

Change of use means any use that substantially differs from the previous use of a building or land.

Child care center, commercial, means a day care operation located in a structure whose principal use is that of a child care center, and is not the residence of the operator or any other person. Such facility shall be licensed and regulated under Public Act No. 116 of 1973 (MCL 722.111 et seq.).

Clinic, animal, means a building where animal patients, which may or may not be lodged overnight, are admitted for examination and treatment by a veterinarian or similar professionals.

Clinic, medical, means an establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not usually lodged overnight.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities, but not operated for profit and open only to members and not the general public.

College means an educational institution authorized by the state to award baccalaureate or higher degrees.

Commercial tower means a structure intended to send and/or receive radio and television communications.

Community college means an educational institution authorized by the state to award associate or higher degrees, and usually lacking residential facilities for students.

Conditional use means a use requiring express approval by the planning commission and issuance of a conditional use permit before the use may begin. Conditional land uses must meet certain requirements and performance standards, as specified in this chapter, before being authorized, and additional conditions may be imposed by the planning commission.

Conditional use permit means a permit issued by the planning commission to a person or persons intending to undertake the operation of a use upon land or within a structure or building specifically identified in the affected zoning district under conditional uses authorized by permit. These conditional uses possess unique characteristics and are found to be not injurious to the health, safety, convenience, and general welfare of the city's inhabitants.

Condominium means a building or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the common areas, facilities, and in some cases structures are owned by all the owners on a proportional, undivided basis.

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, time-share, or any other type of use.

Conference center means a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resources facilities and meeting rooms.

Contractor yard means an area intended for the storage of materials and equipment used for construction, road building and forestry operations.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, alcoholic and non-alcoholic liquors and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. A convenience store may be operated in combination with an automobile/gasoline service station.

Court means an open unoccupied space, other than a yard, and bounded on at least two sides by a building. A court extending to the front yard or front lot line or to the rear yard or rear lot line is an outer court. Any other court is an inner court.

Cul-de-sac means the turnaround at the end of a dead-end street.

Cultural facilities means establishments that document the social, intellectual and artistic manifestations that characterize a society, and include museums, art galleries, and similar facilities of historical, educational or cultural interest.

Developer means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

District means a specifically delineated area within the city, within which uniform regulations and requirements under this chapter govern the use, placement, spacing and size of land and structures.

Drive-in use means an establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Driveway means a private roadway providing access to a street or highway.

Duplex means a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof. Also see Dwelling, two-family.

Dwelling, multiple-family, means a single structure containing more than two dwelling units each designed for residential occupancy by one family, including condominiums.

Dwelling, single-family, means a single structure, including a mobile home, designed or used for residential occupancy by one family in all districts that allow single-family dwellings. The single-family dwelling, including mobile homes and manufactured housing, shall have a minimum exterior breadth/caliper/width of 20 feet. (This is to imply that the minimum dimension between any two opposing exterior walls, measured at any point on the horizontal, shall be at least 20 feet.) Breezeways, garages, porches, and other appurtenances shall not be considered part of the required 20 feet.

Dwelling, two-family, means a single building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. The two-family dwelling building shall have a minimum exterior breadth/caliper/width of 20 feet. (This is to imply that the minimum dimension between any two opposing exterior walls, measured at any point on the horizontal, shall be at least 20 feet.) Breezeways, garages, porches, and other appurtenances shall not be considered part of the required 20 feet.

Dwelling, upper floor commercial, means a dwelling unit located in the upper floors of a commercial establishment, with an outside entrance allowing the occupants to come and go without entering the commercial establishment. There may be more than one dwelling unit associated with a single commercial establishment.

Dwelling unit means one or more rooms with bathroom, bedroom, and kitchen facilities designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes.

Enlargement means an increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.

Erected means any physical operations on the premises required for construction on or moving on to said premises and includes construction, reconstruction, alteration, building, excavation, fill, drainage, installation of utilities and the like.

Essential services means buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.

Excavation means removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, whether exposed or submerged.

Existing use means the use of a lot or structure at the time of the enactment of this chapter.

Fairgrounds means structures and/or land designed for the public exhibition of agricultural products, livestock, equipment, etc., on an occasional basis. Includes other activities commonly associated with or similar to fairs, such as musical entertainment, carnival rides, food service stands, and temporary commercial exhibits and/or sale of merchandise, also on an occasional basis.

Family means either of the following:

(1)

A domestic family which is one or more persons living together and related by the bonds of blood, marriage or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of the individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.

(2)

The functional equivalent of the domestic family which is persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must operate as a single housekeeping unit. The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.

The term "family" does not apply in instances of group care centers, or state licensed residential facilities as defined in section 102 of Public Act No. 110 of 2006 (MCL 125.3102).

Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The term "family child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. The term "family child care home" does not include an individual providing babysitting services for another individual. As used in this section, "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would according to the internal revenue code of 1986 obligate the child's parent or guardian to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services. It shall be licensed or registered under Public Act No. 116 of 1973 (MCL 722.111 et seq.).

Fast food restaurant means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises. Often includes drive-through service.

Fence means an artificially constructed above-ground barrier of any material or combination of materials, erected to enclose, screen or separate areas. Fences constructed of barbed wire, razor wire, electrified materials or a single strand of any material are not permitted, except that barbed wire may be used in conjunction with chain link fence at least six feet in height in the industrial district.

Fence, obscuring, means an artificially constructed barrier of any material or combination of materials, other than barbed wire, razor wire, or electrified materials, erected to enclose, screen or separate areas and to block vision from one area to another.

Flea market means an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Floor area means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, attached or interior vehicular parking or loading, breezeways or porches; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

Floor area, usable, for purposes of computing parking requirements, is that area to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used for the storage or processing of merchandise, for hallways, stairways and elevator shafts or for utilities or sanitary facilities shall be excluded from this computation of "usable floor area." Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of living areas of the building, measured from the interior faces of the exterior walls, including private garages. For the purposes of computing parking for those uses not enclosed within a building the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.

Food processing establishment means an establishment in which food is processed or otherwise prepared for eventual human consumption, but not consumed on the premises. If retail sales are conducted, such sales are incidental and subordinate to the processing or preparation of food.

Freight handling facility means a terminal with the capability of handling a large variety of goods involving various forms of transportation and which may provide multimodal shipping capabilities, such as rail to truck or truck to air.

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

Garage, residential, means an accessory building, or portion of a principal building, designed or used solely for the storage of non-commercial motor vehicles, boats, and similar items or equipment, and having no public sales or shop services in connection thereof.

Golf course means a tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse and shelter.

Grade means a ground elevation established for the purpose of controlling the number of stories and the height of any structure. The building grade shall be determined by the level of the ground adjacent to the walls of any structure if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the structure. The average of all faces shall be used to determine the height of a structure.

Greenbelt means an open area that may be cultivated and/or maintained in a natural state surrounding development and used as a buffer and/or screen between land uses or to mark the edge of an urban or developed area.

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

Group child care home means a private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The term "group child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. It shall be licensed or registered under Public Act No. 116 of 1973 (MCL 722.111 et seq.).

Health care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental and/or physical conditions. Health care facilities may be either inpatient or outpatient facilities; inpatient facilities provide for overnight or long-term care, while outpatient facilities provide care to patients who receive treatment or consultation without being hospitalized. Inpatient facilities often provide outpatient care as well.

Home occupation means any activity carried out for gain by a resident and conducted as a secondary, incidental, and accessory use in the resident's dwelling unit, and which does not change the character thereof. This includes giving instruction in a craft or fine art within the residence.

Hotel means a structure designed, used, or offered for residential occupancy for any period less than one month, including tourist homes, resorts, lodges, motels and youth camps, but does not include hospitals and nursing homes.

Improvement means any permanent structure that becomes part of, placed upon, or is affixed to real estate.

Incidental means subordinate and minor in significance and bearing a reasonable relationship with the primary use.

Junk means any scrap, waste, reclaimable material, or debris for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or otherwise used or disposed of.

Junkyard means an open area greater than 200 feet square in size, where junk or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, handled or abandoned, including, but not limited to, scrap iron and other metals, paper, rags, tires and bottles. Junkyards include automobile wrecking yards, but do not include uses established entirely within enclosed buildings.

Kennel means any lot or premises on which more than four dogs and cats more than six months of age are either permanently or temporarily kept.

Kennel, commercial, means an establishment in which three or more dogs and/or cats are housed, groomed, bred, boarded, trained, or sold, primarily for financial gain.

Land use means a description of how land is occupied or utilized.

Landfill means a disposal site in which refuse and earth, or other suitable cover material, are deposited in alternating layers of specified depth in accordance with an approved plan, and in accordance with state and federal licensing requirements.

Laundromat means an establishment providing washing, drying, and/or dry cleaning machines on the premises for rental use to the general public. Laundromats may incorporate drop-off facilities for commercial dry cleaning establishments, but do not include dry cleaning equipment other than self-service machines.

Loading space means an off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing body or its members by marriage, blood or adoption. Such facilities include nursing homes, hospices, etc.

Lot means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.

Lot area means the total horizontal area within the lot lines of the lot, excluding any street rights-of-way.

Lot, corner, means a lot abutting on two or more streets or roads at their intersection or upon two parts of the same street forming an angle of less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

Lot coverage means the part or percent of the lot occupied by buildings, including accessory buildings.

Lot, double frontage, means is any interior lot having frontages on two or more or less parallel streets or roads as distinguished from a corner lot. All lot lines consisting of streets or roads shall be front lot lines, and front yards shall be provided as required.

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

Lot line means the lines bounding a lot as defined herein from another lot or from a public or private street or any other public space:

Front lot line means the line separating said lot from a street right-of-way. In the case of corner or double frontage lots, both lot lines abutting on street rights-of-way shall be treated as front lot lines.

Rear lot line means the lot line opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and entirely within the lot.

Side lot line means any lot lines other than the front lot line or rear lot line. In the case of a corner lot or double frontage lot, all lot lines other than front lot lines shall be side lot lines.

Lot of record means a lot in a map recorded with the county register of deeds, or described in a deed or land contract or lease agreement which has been perpetual, executed together with an affidavit or acknowledgment of a notary public, prior to the effective date of the ordinance from which this chapter is derived, and which lot actually exists as shown or described.

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

Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

Master plan means the comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the city and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the planning commission.

Mobile home means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. A mobile home does not include a recreational vehicle.

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

Modular (pre-manufactured) housing unit means a dwelling unit constructed solely within a factory, as a single unit, or in various sized modules or components, which are then transported by truck or other means to a site where they are assembled on a permanent foundation to form a single-family dwelling unit, and meeting all codes and regulations applicable to conventional single-family home construction.

Motel means a series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicles as a facility for temporary residence.

Multi-use building means a building containing two or more distinct uses.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonconforming structure or building means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonconforming use means a use or activity that was lawful prior to the adoption, revision or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nuisance means an interference with the enjoyment and use of property.

Nursery means an establishment where flowers, shrubs, trees or other plants are raised and/or offered for sale. A nursery may include a greenhouse, but also includes unenclosed areas used for growing and/or displaying plants for sale. Sales of related items, such as fertilizers, landscaping materials, etc., may be included when clearly related to the principal use of growing and/or selling plants.

Nursing home means an institution or a district part of an institution that is licensed to provide health care under medical supervision to residents of the institution.

Occupancy or occupied means the residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communications equipment.

Office building means a building used primarily for conducting the affairs of a business, profession, service or government, or like activity, and which may include ancillary services exclusively for workers in the building, such as a restaurant, coffee shop, newspaper or candy stand, or child care facilities.

Office park means a development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and open space designed, planned constructed and managed on an integrated and coordinated basis.

Outdoor storage means the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Park means a tract of land, designated and used by the public for active and passive recreation.

Parking lot means an off-street, ground-level open area, usually improved for the temporary storage of motor vehicles.

Parking space means a space for the parking of a motor vehicle within a public or private parking area of definite length and width and exclusive of drivers, driveways, aisles, or entrances giving access thereto, and fully accessible for the parking of motor vehicles.

Personal services means establishments primarily engaged in providing services involving the care of a person or his personal goods or apparel.

Planned unit development (PUD) means an area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges or ratios of nonresidential uses to residential uses as specified in the ordinance.

Planning commission means the city planning and zoning commission.

Principal building means a building in which is conducted the principal use of the lot on which it is located.

Permitted principal use means a use which is allowed in a certain zoning district with no permits or stipulations other than the issuance of a zoning compliance permit and such general requirements as setbacks, lot size, etc.

Principal use means the primary or predominant use of any lot or parcel.

Public building means any building, structure, facility, or complex used by the general public or providing public services, whether constructed by any state, county, or municipal government agency or instrumentality or any private individual, partnership, association, or corporation, including, but not limited to, assembly buildings, such as auditoriums, libraries, etc.; city, village or township halls; community centers; senior citizen centers; fire halls; etc.

Public hearing means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public service means relating to the health, safety, and welfare of the population.

Public sewer and water system means any system, other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment, and disposal of waste and the furnishing of potable water.

Public utility means a closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.

Recreation facility means a place designed and equipped for the conduct of sports and leisure-time activities.

Recreational vehicle means a vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recreational vehicle park means any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Recycling center means a lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recyclables.

Recycling plant means a facility in which recyclable materials, such as newspapers, magazines, books, and other paper products; glass: metal; and other products, are recycled, reprocessed, and/or treated to return such products to a condition in which they may again be used in new products.

Religious institution means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

Restaurant means an establishment where food and drink are prepared, served and consumed primarily within the principal building.

Retail food establishment means any fixed facility in which food or drink is offered primarily for retail sale. May include food preparation on the premises, such as a deli or bakery, when clearly related and incidental to the retail sale of food items.

Retail outlet store means a retail establishment selling a single manufacturer's product.

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

Retail warehouse outlet means a retail operation from a warehouse as an accessory to the principal warehouse use.

Same ownership means properties owned by the same individual, corporation, partnership, or other entity, or if one property is owned by any corporation that controls, is controlled by, or is under common control with the owner of the other property, or is owned by any corporation resulting from a merger or consolidation with the other property owner, or is owned by any subsidiary or affiliate of the other property owner, or is owned by any joint venture of which the other property owner is a partner.

School, elementary, means any school, public, private or parochial, which meets state requirements for elementary education.

School, secondary, means any school, public, private or parochial, which meets state requirements for secondary education.

Setback means the distance between a building and any lot line. The minimum setbacks establish required yards and define the zoning envelope.

Shopping center means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan.

Sidewalk cafe means a restaurant with tables on the sidewalk in front of the premises.

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

Sign face means the area or display surface of a sign used for the message, not including any structural framework not used for display. Where a sign has two display surfaces back-to-back or in V-formation, each display surface is considered a face.

Sign, marquee, means a sign that is mounted, painted, or attached to an awning, canopy or marquee.

Sign, mechanical, means any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.

Sign, off-premises, means a sign, other than a billboard as defined by this section, that advertises a commodity, service, business or event lawfully conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, on-premises, means a sign, other than a billboard as defined by this section, that advertises a commodity, service, business or event lawfully conducted, sold, or offered on the premises on which the sign is located.

Sign structure means the assembled components which make up an outdoor advertising display, including but not limited to uprights, supports, facings and trim. Such sign structure may contain two faces arranged back-to-back or in V-formation.

Spot zoning means rezoning of a lot or parcel of land to benefit an owner, resulting in a use incompatible with surrounding land uses and which is inconsistent with local plans and policies.

Sprawl means uncontrolled growth, usually of a low-density nature, in previously rural areas and some distance from existing development and infrastructure.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

Street means a dedicated public right-of-way which affords the principal means of vehicular access to abutting property. A street includes the entire right-of-way and any improvements constructed thereon.

Structure means any constructed, erected, or placed material or combination of materials in or upon the ground, including, but not limited to buildings, mobile homes, sheds, freestanding signs, storage bins, and satellite dishes, but not including sidewalks, driveways, patios, parking lots, and utility poles. Building areas separated by fire walls or bearing walls shall not be considered separate structures under this chapter.

Supermarket means a retail establishment primarily selling food as well as other convenience and household goods.

Tavern means an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

Temporary outdoor activity means happenings that are carried out primarily out-of-doors for a fixed period of time, not to exceed five consecutive days, and including flea markets, fireworks, displays, speeches, farm stands, seasonal sales, swap and shop markets, racing meets, circuses, carnivals, concerts and parades.

Temporary structure means a structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary use means a use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

Theater means a building or part of a building devoted to the showing of motion pictures or for dramatic, dance, musical or other live performances.

Transfer station means an intermediate destination for solid waste, where small shipments of waste are aggregated or compacted, or where separation of different types of waste may occur.

Truck stop means any building, premises, or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of equipment or accessories for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities primarily for the use of truck crews.

Truck terminal means an area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

Undeveloped or unimproved land means land in its natural state before development.

Use means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are or may be occupied or maintained. Includes actual and/or proposed use of land and/or structures.

Use, accessory. See Accessory use.

Variance means a modification of the literal provisions of this chapter granted by the board of appeals when in its judgment the strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardship, and unique circumstances

Warehouse means a building used primarily for the storage of goods and materials.

Warehouse, self storage, means a structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

Yard means an open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.

Yard, front, means a space extending the full width of the lot between the principal building and the front line and measured perpendicular to the building at the closest point to the front lot line.

Yard, rear, means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Yard, required, means the open space between a lot line and the yard line within which no structure shall be located except as provided in this chapter.

Yard, side, means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

Zoning compliance permit means a document signed by a zoning officer, as required in this chapter, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of this chapter or authorized variance therefrom.

Zoning envelope means the three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, minimum yard setbacks and sky exposure plane regulations when applicable.

(Ord. No. 299 of 2011, § 202, 2-14-2011)