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

Accessory building means an accessory building or a supplementary building or a portion of a main building, the use of which is incidental to that of the main building and which is located on the same parcel of property as the main building.

Accessory use means a use of land or a portion of the building customarily incidental and subordinate to the actual principal use of the land or building and located on the same parcel of property with such principal use of the land or building.

Alley means a dedicated public way which affords a secondary means of access to abutting property and is not intended for general traffic circulation.

Alterations means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, girders; any change in the location of a building; or any change which may be referred to hereafter as altered or reconstructed.

Apartment means a dwelling unit located within a multiple dwelling.

Architectural features means and shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

Automobile repair means the general repair, engine rebuilding, repair or reconditioning or collision repair service of motor vehicles. Collision repair includes such services as body, frame or fender straightening and repair, and painting.

Automobile service station means a building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, minor repair, or servicing, but not including bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rustproofing, where the primary use of the premises is such, or high-speed washing thereof; or sales of used cars, new cars, used trucks, new trucks, motorcycles or other land vehicle type; or sales unrelated to service station use.

Automobile wash establishment means a building, or portion thereof, where automobiles or other vehicles are washed commercially.

Basement means that portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement. (See illustration entitled "Basement and Story Definition.")

Block means a tract of land bounded on all sides by streets, a railroad right-of-way, a waterway, unsubdivided acreage, or any other barrier to the continuity of development.

Board of zoning appeals means and refers to the board of zoning appeals of the city.

Boarding house, tourist house means a dwelling where lodging and meals are provided for compensation to three or more persons by pre-arrangement for definite periods. A boarding house or tourist house is to be distinguished from a hotel, motel, convalescent home or nursing home.

Buildable area means that space of a lot or parcel remaining after the minimum open space requirements of this chapter have been met.

Building means an independent structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building. This refers to both temporary and permanent structures and includes tents, sheds, garages, stables, greenhouses, or other accessory structures.  

Building height means the vertical distance measured from the established grade of the building to the top of the highest roof beams of a flat roof; to the deck line for mansard roofs; and to the mean height level (between eaves and ridges) for gable, hip and gambrel roofs. Where a building is located upon a terrace, the height may be measured from the average grade of the terrace at the building wall. (See illustration entitled "Building Height Requirements.") When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.

Building inspector means the commissioner of public works of the city or his authorized representative.

Building, main or principal means one in which is conducted the principal use of the lot upon which it is situated.

Building permit means the written authority issued by the building inspector permitting the construction, removal, moving, alteration, or use of a building in conformity with the provisions of this chapter.

Building setback line means a line marking the setback distance from the lot lines which establishes the minimum required front, side or rear yards of the lot.

City council means and refers to the city council of the city.

City engineer means the city engineer for the city.

Clinic means a building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one professional, such as a physician, dentist, or the like.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit.

Commercial use means the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise or personal services or the maintenance of offices or recreational or amusement enterprises, or garage, basement or porch sales conducted on residential premises for more than six calendar days during a given one-year period.

Comprehensive development plan means the comprehensive development plan for the city including all studies, maps, charts and policy statements, adopted in accordance with Act No. 285 of the Public Acts of Michigan of 1931, (MCL 125.31 et seq.), as amended.  

Convalescent or nursing home means a home for the care of children or the aged or the infirm, or a place of rest for those suffering serious bodily disorders, wherein three or more persons are cared for. Such home shall also conform to and qualify for license under applicable state laws.

Density means the number of dwelling units developed on an acre of land.

District means a portion of the city within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.

Drive-in establishment means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in their motor vehicle (such as certain banks, cleaners, restaurants, theatres).

Dwelling, efficiency unit means a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

Dwelling, multiple means a building or portion thereof used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including homes.

Dwelling, one-family means a detached building occupied by one family and so designed and arranged as to provide living, cooking and kitchen accommodations for one family only. Also known as a single-family dwelling.

Dwelling, terrace, row, townhouse means a freestanding building of not less than three dwelling units arranged laterally, each with its own front and rear entrances.

Dwelling, two-family means a freestanding building containing two dwelling units.

Dwelling unit means any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, mobile home, motor home, automobile chassis, tent or other portable building be considered a dwelling in a single-family, two-family or multiple-family residential areas. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

Erected means and includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential services means and includes the erection, construction, alteration or maintenance by public utilities or public authorities, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrant or other similar equipment and accessories in connection therewith, as shall be reasonably necessary for the furnishing of adequate services by public utilities, or public authorities, for the public health, safety or general welfare. Buildings are not included as essential services, other than those that are primarily enclosures or shelters of the above essential service equipment.

Family means one or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, and occupying the whole or part of a dwelling unit as a single nonprofit housekeeping unit, or a group of not more than three persons who need not be related by bonds of consanguinity, marriage, or legal adoption living together as a single housekeeping unit and occupying a single nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, boarding house, fraternity or sorority house. A family shall be deemed to include domestic servants, gratuitous guests, and not more than six foster care people, as recognized by applicable state laws.

Floor area, gross means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The gross floor area of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level or finished lot grade, whichever is higher (see basement definition). Any space devoted to off-street parking or loading shall not be included in gross floor area. Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed) or attached garages are not included.

Floor area, usable means that portion of the gross floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage of merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it of four feet or more. (See illustration entitled "Floor Area Terminology.")  

Foster care facility means an establishment which provides supervision, assistance, protection or personal care, in addition to room and board, to foster care persons, and licensed under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111 et seq.), as amended, or Act No. 218 of the Public Acts of Michigan of 1979 (MCL 400.701 et seq.), as amended. A foster care facility is other than a home for the aged or nursing home licensed under state law; or a mental hospital for mental patients licensed under state law. A foster care family home is a facility which provides foster care to six or fewer persons. A foster care group home is a facility which provides foster care to seven or more persons.

Garage, community means an accessory building used exclusively for the storage of more than three motor vehicles, with no commercial shop or service operated in connection therewith.

Garage, private means an accessory building used for the storage of motor vehicles for the use of the occupants of the property on which such building is located with such building having a capacity for not more than three motor vehicles.

Garage, public means a building or structure other than a private garage or community garage for the storage, parking, care or refinishing of motor vehicles.

Grade means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. For building purposes, the grade line at the building shall not be less than 12 inches or more than 18 inches above the permanent sidewalk grade as established by the city engineer.

Home occupation means any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes; does not change the character thereof; and does not endanger the health, safety, and welfare of any other persons residing in the area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, professions or hobby. Provided further, that no article or service may be sold or offered for sale on the premises, except that which is produced by such occupation; and that such occupation shall not require internal or external alterations or construction features, equipment, machinery or outdoor storage. The home occupation shall not include use of a vehicle requiring a commercial license. Day care centers, tea rooms, veterinarians' offices, tourist homes, animal hospitals, kennels, millinery shops, barber and beauty shops, among others, shall not be considered home occupations. One nonilluminated nameplate, not more than two square feet in area, may be attached to the building.

Hospital means a building, structure or institution in which sick or injured persons, primarily in-patients, are given medical or surgical treatment and operating under license by the health department of the state.

Hotel means a building or group of buildings with the majority of the rooms having access to interior hallways, and occupied or used as a more or less temporary abiding place of individuals, and in which no provision is made for cooking in individual rooms.

Junk means any motor vehicles, machinery, appliances, product or merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.

Junk yard means an automobile wrecking yard, salvage area or any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals, other scrap materials or reclaimed materials; or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof, but not including uses established entirely within enclosed buildings.

Kennel means any lot or premises on which three or more dogs, each four or more months old, are kept either permanently or temporarily boarded.

Loading space means an off-street space, on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot means a parcel of land consisting of one or more lots of record occupied or intended to be occupied by a principal building or use and any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under this chapter, and having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. (See the illustrations "Lot Terms" and "Corner, Interior and Double Frontage Lots" for various terms relating to lots.)

Lot area means the total horizontal area within the lot lines of the lot.

Lot, corner means a lot having at least two adjacent sides abutting for their full length upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than 135 degrees, it is a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.

Lot coverage means the part or percent of the lot occupied by buildings or structures including accessory buildings or structures, and permanent swimming pools.  

Lot depth means the mean horizontal distance from the front street line to the rear lot line.

Lot, double frontage means a lot, other than a corner lot, having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a building permit.

Lot, interior means a lot other than a corner lot with one lot line fronting on a street.

Lot line means any line dividing one lot from another or from a street right-of-way or any public place.

Lot line, front means, in the case of an interior lot abutting on one public or private street, the line separating the lot from such street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating such lot from that street which is designated as the front street in the plat and/or in the request for a building permit.

Lot line, rear means that boundary which is 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 that assumed line parallel to the front lot line not less than ten feet long lying farthest from the front lot line and wholly within the lot. In any case, where this definition does not apply, the building inspector shall designate the rear lot line.

Lot line, side means any lot boundary line that is not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record means a lot for which the dimension and configuration is shown on a map recorded in the office of the register of deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or land surveyor (so registered and licensed in the state) and likewise so recorded on a file with the county.

Lot width means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.

Major thoroughfare means a main traffic artery. For the purposes of this chapter, the following streets are designated as major thoroughfares: Allen Road, Dix Avenue, Greenfield Road, Oakwood Boulevard, Outer Drive, Raupp Avenue, and Schaefer Road.

Mobile home means a detached single-family dwelling unit, exceeding 32 feet in length, designed to be transportable after fabrication on its own wheels, suitable for yearround occupancy and containing a flush toilet, sleeping accommodations, a shower or bath, kitchen facilities, plumbing and electrical connections provided for attachment to appropriate external systems. It is also known as a trailer coach or house trailer. A travel trailer is not to be considered as a mobile home.

Mobile home park means a parcel of land which has been planned and improved for the placement of mobile homes for residential use.

Motel means a building or a group of buildings with the majority of the rooms having direct access to the outside of the building or buildings, and occupied or used as a more or less temporary abiding place for individuals and in which no provision is made for cooking in individual rooms.

Nonconforming building means a building or portion thereof, lawfully existing in September, 1988, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this chapter in the zoning district in which it is located. (See illustration entitled "Nonconforming Use.")

Nonconforming use means a use which lawfully occupied a building or land in September, 1988, and that does not conform to the use regulations of the zoning district in which it is located.

Nursery school, day nursery, or child care center means an establishment wherein three or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are for remuneration cared for. Such schools or centers need not have a resident family on the premises.  

Off-street parking lot means a 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 automobiles.

Open air business uses means and shall include the following business uses:

(1)

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, yard ceramics, and other home garden supplies and equipment.

(2)

Retail sale of fruit and vegetables.

(3)

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park and/or similar recreation uses.

(4)

Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale, rental or repair services.

(5)

Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.

Parking space means an area for the parking or storage of a motor vehicle, with such space being exclusive of necessary drives, aisles, entrances, or exits, and being fully accessible for the storage or parking of a permitted vehicle. Minimum permissible parking space sizes are included in this chapter.

Planning commission means and refers to the planning commission of the city.

Public utility means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under municipal or state regulation to the public: transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal.

Restaurant, carry-out means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

(2)

The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.

Restaurant, drive-in means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a car-hop or by other means which eliminates the need for the customer to exit the motor vehicle.

(2)

The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.

Restaurant, fast-food means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes both the following characteristics:

(1)

Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

(2)

The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.

Restaurant (standard) means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to customers in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which such items are consumed.

(2)

Customers are served by a cafeteria-type operation, where foods, frozen desserts, or beverages generally are consumed within the restaurant building.

Sign, outdoor advertising means any card, cloth, paper, metal, glass, wood, plaster, stone or sign of other material of any kind, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term "placed" shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever. The following shall be excluded from this definition:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

(2)

Flags and insignia of any government except when displayed in connection with commercial promotion.

(3)

Legal notices: identification, informational, or directional signs erected or required by governmental bodies.

(4)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

(5)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Story means that portion of a building, other than a mezzanine or basement, included between the surface of a floor and upper surface of the floor next above, or if there is no floor above, then the space between the floor and the top of the ceiling joists, or, where there is not a ceiling, to the top of the roof rafters. (See illustration entitled "Basic Structural Terms.")

(1)

Basement means for the purpose of this chapter, a story if over 50 percent of its height is above the level from which the height of the building is measured, or, if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same.

(2)

Half means that part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed one-half of the floor area of such full story.

(3)

Mezzanine means and shall be considered as a story when it covers more than 50 percent of the area of the story underneath such mezzanine, or, if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

Street means a thoroughfare or way, other than an alley, dedicated to the use of the public, and which affords traffic circulation and principal means of access to abutting property. Avenue, place, way, drive, lane, boulevard, thoroughfare, highway and road are synonymous terms to street.

Structure means anything constructed or erected which requires permanent location on the ground or attachment to anything having such location.

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

Temporary building or use means a structure or use permitted by the board of zoning appeals to exist, during periods of construction of the main use or for special events, for a specified period, but not to exceed one year.

Tent means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.

Travel trailer means a portable nonmotorized vehicular unit primarily designed for travel and/or recreational usage, which may contain facilities for overnight lodging, and which does not exceed eight feet in width or 32 feet in length. This term shall also include folding campers and truck-mounted campers, but not mobile homes.

Use means the purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Variance means a modification of the literal provisions of this chapter as approved by the board of zoning appeals.

Variety/small box store means retail space under 12,000 square feet which sells a wide variety of relatively small and inexpensive items, as defined by "Planner's Dictionary" published by the American Planning Association.

Yard means an open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not include eaves provided that an eight-foot height clearance is provided above the adjacent ground level.

Yard, front means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building. (See illustration entitled "Yard Requirements.")

Yard, rear means 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 line of the main building.

Yard, side means a yard between a main 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 main building.  

(Ord. No. 442, § 2.1, 8-19-81; Ord. No. 591, art. I(a), 8-19-98; Ord. No. 775, 11-6-19)

Cross reference— Definitions and rules of construction generally, § 1-2.