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

Accessory building means a detached building whose purpose is related but subordinate to that of the principal building on a given parcel of land. Detached garages, tool sheds and barns are all examples of accessory buildings.

Accessory use means a land use whose purpose is related and incidental to the permitted use. An accessory use must in some way serve the principal use and unless otherwise authorized by this chapter, must be located on the same lot.

Adult foster care facility.

(1)

The term "adult foster care facility" means a governmental or nongovernmental establishment that provides foster care to adults. Subject to section 26a(1) of Public Act No. 218 of 1979 (MCL 400.726a(1)), adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. The term "adult foster care facility" does not include any of the following:

a.

A nursing home licensed under article 17 of the Public Health Code (MCL 333.20101 et seq.).

b.

A home for the aged licensed under article 17 of the Public Health Code ( MCL 333.20101 et seq.).

c.

A hospital licensed under article 17 of the Public Health Code (MCL 333.20101 et seq.).

d.

A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of community health under the Mental Health Code (MCL 330.1001 et seq.).

e.

A county infirmary operated by a county department of social services or family independence agency under section 55 of the Social Welfare Act (MCL 400.55).

f.

A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under Public Act No. 116 of 1973 (MCL 722.111 et seq.), if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:

1.

Two, if the total number of residents is ten or fewer.

2.

Three, if the total number of residents is not less than 11 and not more than 14.

3.

Four, if the total number of residents is not less than 15 and not more than 20.

4.

Five, if the total number of residents is 21 or more.

g.

A foster family home licensed or approved under Public Act No. 116 of 1973 (MCL 722.111 et seq.) that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of Public Act No. 116 of 1973 (MCL 722.115(7)).

h.

An establishment commonly described as an alcohol or a substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or roominghouse that does not provide or offer to provide foster care.

i.

A facility created by Public Act No. 152 of 1885 (MCL 36.1 et seq.).

(2)

The term "adult foster care facility" includes:

a.

Adult foster care family home: A private residence in which the licensee is a member of the household and an occupant, with the approved capacity to receive six or fewer adults. An adult foster care family home shall be considered a state licensed residential care facility.

b.

Adult foster care small group home: An adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

c.

Adult foster care large group home: An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

State Law reference— Similar provisions, MCL 400.703.

Advertising sign/structure means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or other comparable object, used as a means to convey information or direct attention to a business, product, service, activity or commodity.

Alley means a generally narrow vehicular or pedestrian right-of-way that permits access to a rear yard, parking lot or other area of a parcel. Alleys are not designed for general traffic and afford only a secondary means of access to the property.

Alteration/alter, as applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress; an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

Apartment means a room or group of rooms designed to function as a single, complete dwelling unit and located in a multiple-family dwelling.

Aquifer means subsurface rock or other materials capable of holding a significant amount of water in their interstices. Certain types of materials, such as coarse sands, gravel and limestone, are more likely to produce aquifers.

Automobile/gasoline service stations means structures and premises used or designed to be used for the retail sale of fuels, lubricants, tires, batteries, and other operating commodities and services for motor vehicles, including space and facilities for the installation of such commodities and/or space for services such as polishing, washing, cleaning, greasing, tire replacement or repair, but not including those services included in the definition of automobile repair/commercial garages. Specific examples include gasoline retail sales locations, quick lube establishments, tire shops, muffler shops, and car washes.

Automobile repair/commercial garages means premises where any of the following activities are carried out: general repairs; engine rebuilding; collision service, such as body, frame or fender straightening and repair; painting; or undercoating of vehicles, including passenger cars and trucks.

Basement means that portion of a building which is partially or wholly below grade.

Bed and breakfast means a single-family residential structure, including sleeping rooms occupied by the innkeeper, with one or more rooms available for rent to transient tenants, and where meals are provided at no extra cost to its transient tenants.

Berm means an earthen mound of variable height and width, used as visual relief or transitional area between different land uses or uses of differing intensity.

Bond means a form of insurance required of an individual or firm to secure the performance of an obligation, as in a performance bond.

Borrow pit means any excavation made for the purpose of obtaining the excavated material for use off of the lot on which the excavation is located.

Buffer means a strip of land, including a specified type and amount of planting or structures, which may be required to protect/screen one type of land use from another or minimize or eliminate conflicts between them.

Building means a combination of materials, whether portable or fixed, forming a structure affording a facility or shelter for use or occupancy by persons, animals or property.

Building area means the area included within the horizontal projection on the ground below of the surrounding exterior walls exclusive of courts, as modified below.

Building or structure includes any part thereof.

Building height means the vertical distance measured from grade to the highest point of the structure.

Building line means a line that establishes the distance between a building or structure and a lot line at the points where the building or structure is nearest the front, side and rear lines of the lot.

(1)

For purposes of defining building lines, enclosed porches or stairs, and unenclosed porches or stairs having foundations and roofs which would allow them to be enclosed in compliance with the building code by the construction of exterior walls shall be taken as part of the building.

(2)

For purposes of defining building lines, the following rules shall govern:

a.

In portions of the perimeter of a building or structure where the roof and exterior walls are clearly defined, and where the roof overhangs the exterior walls by 18 inched or less measured in the horizontal plane perpendicular to the plane of the exterior wall, the building line shall be a line parallel to the nearest lot line and passing through the horizontal projection on the ground below of the plane of the exterior wall at the point nearest that lot line.

b.

In portions of the perimeter of a building or structure where the roof and exterior walls are clearly defined and the roof overhangs the exterior walls by more than 18 inches, measured in the horizontal plane perpendicular to the plane of the exterior wall, or in portions of the building or structure where the roof is clearly defined but the exterior walls are absent, the building line shall be a line parallel to the nearest lot line and passing through the horizontal projection on the ground below of the point on a line parallel to the edge of the roof and placed 18 inches in from the outer edge of the roof, measured in the horizontal plane, where that line is nearest that lot line.

c.

For structures which do not have clearly defined exterior walls or roofs (such as towers, signs, tanks and the like), the building line shall be parallel to the nearest lot line and coincide with the horizontal projection of the structure on the earth below, or with a line connecting the points of contact of the structure with the earth, whichever is nearer the lot line.

Building, public means a building owned or controlled by an agency of local, state or federal government, and used exclusively in the discharge of its governmental function, except that buildings owned or controlled by private agencies performing governmental functions under contract with a governmental agency, or used in whole or in part for residential purposes shall not be included in this definition.

Campground means a public or private open area divided into campsites that, at a minimum, provides a potable water supply and some form of toilet facilities.

Child care facility means a facility licensed under the Public Act No. 116 of 1973 (MCL 722.111 et seq.). The term "child care facility" includes:

(1)

Child care center means any facility, other than a private residence, in which one or more preschool or school age children are given care and supervision for periods of less than 24 hours per day, and where the parents or guardians are not immediately available to the child. The term "child care center" or "day care center" includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. The term "child care center" does not include:

a.

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a 12-month period.

b.

A facility operated by a religious organization where children are in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.

c.

A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

d.

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

(2)

Family day care home means a private home in which one but fewer than seven minor children are received for 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 "family day 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 day care home" does not include an individual providing babysitting services for another individual. As used in this subsection, the term "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.

(3)

Group day 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 day care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.

(4)

Foster family home means a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code (MCL 710.21 et seq.), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian. A foster family home shall be considered a state licensed residential care facility.

(5)

Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code (MCL 710.21 et seq.) are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian. A foster family group home shall be considered a state licensed residential care facility.

State Law reference— Similar provision, MCL 722.111.

Commercial vehicle means any motor vehicle which has a commercial license and/or which has a gross vehicle weight rating (GVWR) of over 10,000 pounds.

Convalescent or nursing home means a residential facility designed to provide a range of personal and medical care services to chronically ill or disabled individuals and which is licensed by the state.

Convenience retail means any establishment which devotes between 200 square feet and 5,000 square feet of floor space to the display and retail sales of food or beverages.

Corner lot. See Lot, corner.

Cul-de-sac means a street with an outlet at only one end and a turnaround area at the other end.

Density means the number of dwelling units situated on or to be developed on an area of land.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Directional sign means a sign which gives a name, place, location and general nature of a specific establishment or attraction and is intended to give directions to that place.

Drive-in facilities means commercial enterprises that permit the consumer to do business or be entertained without leaving his car.

Driveway means a private vehicular access to property from a public street or alley. Driveways accessing properties where one-family or two-family dwellings are located shall be 24 feet or less in width, and shall lead to a legal parking stall in a garage, a rear yard, or a side yard.

Dwelling, single-family, means a building or portion of a building, including a manufactured home, designed for, or as, one-dwelling unit with common cooking and utilities and complies with the following regulations:

(1)

The dwelling shall meet all pertinent requirements of the building code and property maintenance code.

(2)

The single-family dwelling, including manufactured homes and manufactured or modular housing, shall have a minimum exterior breadth/caliper/width of 20 feet. (Thus, the minimum dimension between any two opposing exterior walls, measured at any point on the horizontal, shall be at least 20 feet.)

a.

Exception 1. The minimum dimension between two opposing exterior walls may be less than 20 feet, provided that the portion of the building area lying between such exterior walls is less than 30 percent of the building area, and the aggregate of all such areas is less than 50 percent of the building area.

b.

Exception 2. Dwellings manufactured under the Manufactured Housing Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, 24 CFR 3280, as amended, and installed in a licensed manufactured home park.

(3)

If the dwelling is manufactured off the site, it shall be installed with the wheels removed. In addition, a dwelling shall not have an exposed towing mechanism, undercarriage or chassis.

(4)

Every single-family dwelling hereafter erected or installed in the City shall be supported in part or whole by, and shall be provided with continuous exterior load bearing foundation walls of masonry units, concrete, or preservative pressure-treated wood meeting the requirements of the all pertinent building codes. The exterior foundation walls shall be without openings or penetrations except as necessary to provide for building utilities or access, light, and ventilation to the space enclosed by the foundation.

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

Dwelling unit means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Earth shelter home means a building which is partially or entirely below grade and is designed and intended to be used as a single-family residence.

Easement means an interest in or right over land of another, providing secondary access to the property (i.e., as in utility easement).

Echo apartment means a complete, self contained living unit created within an existing single-family home (dwelling). It has its own kitchen, bath, living area, sleeping area, usually a separate entrance and is intended to provide accommodations for up to two family members of those persons occupying the single-family dwelling only.

Educational institution means a public or private elementary or secondary school, college, university, or other institution for higher education.

Emergency shelter means a facility operated by a governmental or nonprofit agency where supportive services and shelter are offered to homeless persons.

Erect means the act of construction or alteration of any building or structure.

Essential services means the erection, construction, alteration or maintenance, by public utilities or municipal departments or commissions, of overhead, surface or underground gas, electrical, steam, petroleum or water distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and similar equipment and accessories in connection therewith, but not including buildings, except those necessary to house the foregoing, reasonably necessary for the department or commission or for the public health or safety or general welfare, shall be permitted as authorized or regulated by law and other ordinances of the pertinent jurisdiction in any use district, it being the intention thereof to except such erection, construction, alteration, and maintenance from the application of this chapter, except electrical substations and gas regulator stations, which require a special use permit as provided elsewhere in this chapter.

Explosive means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units or other ingredients, in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or destroying life and limb.

Family means an individual, two or more persons related by blood, marriage, adoption, or legal custody, or a group, not to exceed six persons, not related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit with single culinary facilities, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, hotel or similar dwelling for group use. Guests residing on the premises for less than 30 days, and domestic servants residing on the premises, shall be considered as part of the family.

Farm means a parcel of land containing at least 20 acres which is used for agricultural purposes, but which the raising of fur bearing animals, livery or boarding stables and dog kennels are not included.

Fence means an accessory structure intended for use as a barrier to property ingress and egress, as a screen from objectionable vista, noise and/or for decorative use. A fence may be living, as in a hedge or other plantings.

Fence, screening, means an accessory structure to screen and separate a use from the adjacent property.

Filling means the raising or elevating of the surface of land by the deposition of any matter.

Flood means a rise in the water level of a waterbody or the rapid accumulation of water from runoff or other sources, so that land that is normally dry is temporarily inundated by water. For the purpose of the national flood insurance program, the term "flooding" is also defined to include mud slides connected with accumulation of water and land subsidence along waterbodies.

Flood, base, means the base flood elevation shall be used to define areas prone to flooding and shall describe, at minimum, the depth or peak elevation of flooding (including wave height) which has a one percent (100-year flood) or greater chance of occurring in any given year. The term "base flood" is the minimum level of flooding that the national flood insurance program requires a community to protect itself against in floodplain management regulations.

Floodplain means that area of land adjoining a lake, river or stream which will be inundated by a base flood.

Floor area, gross, means the area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features, but not including courtyards.

Floor area, net, means for purposes of determining the number of parking spaces, the actual area occupied by the principal use, not including accessory areas such as toilet rooms or storage rooms, or thickness of walls.

Floor area ratio means the ratio between the amount of gross floor area permitted to be constructed on a building lot and the size of the lot.

Front yard. See Yard, front.

Garage means a building or portion of a building arranged for parking or storage of vehicles.

General retail means stores which sell dry goods, package foods, hardware, appliances, furniture, electronics, jewelry and other similar merchandise directly to the public, but not including those uses meeting the definition of "convenience retail" as given in this chapter.

Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.

Hazardous materials means substances or materials in quantities or forms that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce, as determined by the state department of transportation.

Hedge means a boundary formed by a row of shrubs or low growing trees planted with little or no space in between when mature.

Home occupation means an accessory use of a professional or service character conducted within a dwelling by the family residents thereof and which does not change the character thereof. The use of a single-family dwelling by an occupant of the residence to give instruction in a craft or fine art within the residence shall also be considered a home occupation.

Hotel means a building arranged for shelter and sleeping accommodations for occupants who are primarily transient in nature, occupying the facilities for a period of less than 30 days, but which does not comply with the definition of bed and breakfast.

House, lodging or boarding, means a building which is arranged or used for lodging within a dwelling unit, with or without meals, for a period exceeding 30 days, of individuals who are not members of a family residing within the dwelling unit.

Household pet means any domesticated dog, cat or other animal kept for friendship or hunting purposes. The term "household pet" does not include wild animals, animals that are normally raised for fur or meat, or animals which can reasonably be expected to weigh more than 200 pounds at maturity.

Identification sign means a sign which pertains to the use of a premises and contains any or all of the following information:

(1)

The occupant of the use.

(2)

The address of the use.

(3)

The kind of business and/or the principal commodity sold on the premises.

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

Kennel, commercial, means any lot or premises used for the commercial sale, boarding or treatment of dogs, cats or other domestic animals and which has a license from the chief of police.

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 any parcel of land which is identified on the tax rolls of the City as a separate parcel of land for purposes of tax assessment.

Lot, corner, means a lot at the junction of and fronting or abutting on two or more intersecting streets or roads, at which the angle of interception is no greater than 125 degrees. This chapter specifies that corner lots have two front yards, one rear yard and one side yard. In areas of the lot where a front and rear yard overlap according to the definitions contained in this chapter, the requirements for the front yard shall have precedence.

Lot area means the area of land within the boundary of a lot excluding any part under water.

Lot coverage means the part or percent of the lot covered by the "building area" of buildings or structures, as defined herein.

Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. For corner lots, the measurement is to be made along the median between the side lot line and the front lot line which is opposite the side lot line.

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

Lot width shall be measured as described in the following:

(1)

Corner lots. The second side lot line is to be taken as the front lot line opposite the side lot line.

(2)

Lots with parallel side lot lines. The width shall be measured on a straight line which is perpendicular to the side lot lines.

(3)

Lots with nonparallel side lot lines. The lot width shall be measured on a straight line which is parallel to a straight line which connects the side lot lines where they intersect the front property line. The width measuring line shall be located at the distance of the required front yard from the front property line. The required minimum straight line distance between the side lot lines where they intersect the front property lines shall be not less than 80 percent of the required lot width.

Minimum lot size means the smallest or least area of a parcel allowed in said district, as stated in article IV of this chapter.

Manufactured home means a single-family dwelling manufactured pursuant to the provisions of the Manufactured Housing Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, 24 CFR 3280, as amended.

Manufactured home park means any lot, parcel or tract of land under the control or management of any person, occupied or designated for occupancy by more than two manufactured homes and including any accessory buildings, structures or enclosures comprising facilities used by the park residents. Such shall comply with the provisions of this chapter and the Mobile Home Commission Act (MCL 125.2301 et seq.).

Marihuana means that term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.

Marihuana accessories means that term as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.26421 et seq.

Marihuana concentrate means that term as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.26421 et seq.

Marihuana establishment means an enterprise at a specific location at which a licensee is licensed to operate under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27901 et seq., and under the City's marihuana establishments ordinance, including a marihuana grower establishment, marihuana safety compliance facility establishment, marihuana processor establishment, marihuana retailer establishment, marihuana secure transporter establishment, or any other marihuana-related business licensed by the Michigan Department of Licensing and Regulatory Affairs under the Michigan Regulation and Taxation of Marihuana Act and by the City under the City's marihuana establishments ordinance.

Marihuana establishment licensee means a person or legal entity holding a state operating license issued under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27901 et seq., and a license issued by the City pursuant to its marihuana establishments ordinance.

Marihuana facility means an enterprise at a specific location at which a licensee is licensed to operate under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., and under the City medical marihuana facilities ordinance, including a marihuana grower facility, marihuana processor facility, marihuana provisioning center facility, marihuana secure transporter facility, or marihuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq.

Marihuana facility licensee means a person or legal entity holding a state operating license issued under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., and a license issued by the City pursuant to its medical marihuana facilities ordinance.

Marihuana grower establishment means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., that is a commercial entity located in this state that cultivates marihuana and sells or otherwise transfers marihuana to marihuana establishments pursuant to the ordinance and the Act.

Marihuana grower facility means a marihuana facility licensee licensed under the City's medical marihuana facilities ordinance and under the Michigan Medical Marihuana Facilities Licensing Act that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana and other ingredients as defined in Section 30 of the Michigan Regulation and Taxation of Marihuana Act and in Section 102(1) of the Michigan Medical Marihuana Facilities Licensing Act. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

Marihuana microbusiness means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility establishment, but not to other marihuana establishments.

Marihuana outdoor production means growing marihuana in an expanse of open or cleared ground or in a greenhouse, hoop house, or similar non-rigid structure that does not utilize any artificial lighting, including, but not limited to, electrical lighting sources.

Marihuana processor establishment means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

Marihuana processor facility means a marihuana facility licensee licensed under the City's medical marihuana facilities ordinance and under the Michigan Medical Marihuana Facilities Licensing Act that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a marihuana provisioning center.

Marihuana provisioning center means a marihuana facility licensee licensed under the City's medical marihuana facilities ordinance and under the Michigan Medical Marihuana Facilities Licensing Act that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., is not a provisioning center for purposes of this chapter.

Marihuana retailer means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

Marihuana safety compliance facility means a marihuana facility licensee licensed under the City's medical marihuana facilities ordinance and under the Michigan Medical Marihuana Facilities Licensing Act that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

Marihuana safety compliance facility establishment means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act to test marihuana, including certification for potency and the presence of contaminants.

Marihuana secure transporter establishment means a marihuana establishment licensee licensed under the City's marihuana establishments ordinance and under the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

Marihuana secure transporter facility means a marihuana facility licensee licensed under the City's medical marihuana facilities ordinance and under the Michigan Medical Marihuana Facilities Licensing Act that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.

Modification. The term "modification" means:

(1)

Portions of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the floor above, or of the horizontal projection on the ground below of a line parallel to the edge of the roof and placed 18 inches in from the outer edge of the roof, measured in the horizontal plane perpendicular to the edge of the roof, whichever provides the greater area.

(2)

In portions of a building or structure where the roof and exterior walls are clearly defined and the roof projects 18 inches or less, measured in the horizontal plane perpendicular to the plane of the exterior wall, the horizontal extension of the roof beyond the exterior walls shall not be included in the building area.

(3)

In portions of a building or structure where the roof and exterior walls are clearly defined and the roof projects more than 18 inches beyond the plane of the exterior wall, measured in the horizontal plane perpendicular to the plane of the exterior wall, the building area shall be calculated from the horizontal projection on the ground below of a line parallel to the plane of the exterior wall, and placed 18 inches in from the outer edge of the roof, measured horizontally.

(4)

The building area of structures which do not have clearly defined exterior walls or roofs (such as towers, signs, tanks and the like) shall be calculated as the horizontal projection of the structure on the earth below, or as the area defined by a line connecting the points of contact of the structure with the earth, whichever provides the greater area.

Motel. See Hotel.

Multiple-family dwelling means a structure having three or more dwelling/housing units within a single building.

New construction means structures from which the start of construction commenced on or after May 9, 2004.

Nonconforming buildings/structures means a building or structure (or portion thereof) lawfully existing on May 9, 2004, or at the time of subsequent amendment to this chapter that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the zoning district in which it is located.

Nonconforming lot means a lot lawfully existing on May 9, 2004, or at the time of subsequent amendment to this chapter that does not conform to the provisions of this chapter or subsequent amendment thereto relative to lot dimensions or area for the zoning district in which it is located.

Nonconforming use means a use of land lawfully existing on May 9, 2004, or at the time of subsequent amendment to this chapter that does not conform to the provisions of this chapter relative to use of land for the zoning district in which it is located.

Nuisance means an activity consisting of an unlawful or unreasonable use of property by an individual that causes injury or damages to another or to the public in general. Common examples of phenomena generally considered to constitute nuisances include excessive noise, odor, smoke or vibration.

On-premises sign means a sign which advertises only goods, services, facilities, events or attractions available on the premises where located, identifies the owner or occupant or directs traffic on the premises. All other signs are off-premises signs.

Open space, required means the yard space of a lot which is established by and between the street or the lot lines and required setback line and which shall be open, unoccupied and unobstructed by any structure or any part thereof, except as otherwise provided in this chapter.

Open space ratio means the ratio between open space on the lot, whether required or not, and the total lot area.

Owner means the person or entity shown by the county register of deeds office to hold title to any affected property, and as used in this chapter, also includes any person to whom control of the property has been assigned by lease, land contract or similar contract of record with the county register of deeds.

Parking space means a land area meeting the size requirements of section 109-506, exclusive of driveways and aisles, so prepared as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public street or alley.

Performance bond means a bond posted by a contractor or subcontractor that contains the guarantee of a surety that a specific project will be completed and meet any standards or specifications that have been agreed upon.

Performance standards means general criteria that are set to ensure that a particular structure, type of land use or development will be able to meet certain minimum standards or that its effects on the community will not exceed set limits.

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

Pond means any excavation exceeding 250 square feet in horizontal area, to any depth, which contains water, and which does not comply with the requirements of the building code for swimming pools.

Principal structure means the main structure to which the premises are devoted.

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

Proof of equitable title means a recorded land contract agreement or recorded deed conveying to the purchaser interest in real estate and/or any assignments of the purchasers interest thereof.

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

Railroad station means an area of land on property owned or controlled by a railroad which is arranged to be used for the purpose of loading and/or unloading freight or passengers, or both, from trains. The term "railroad station" does not include an area which is located entirely on the premises of a single customer of the railroad, and used for the loading and/or unloading of freight in conjunction with the principal use of the premises.

Rear lot line means the line that is opposite from the front lot line. Where there is more than one front lot line, the rear lot line shall be taken to be that lot line which is opposite a front lot line and furthest from the principal building or proposed principal building on the lot.

Recreation vehicle means a vehicle or unit that is mounted on or drawn by another vehicle, and is primarily designed for temporary living. The term "recreational vehicle" includes travel trailers, camping trailers, truck campers and motor homes.

Religious institution means a church, synagogue, mosque or other building used exclusively for the purpose of worship, including buildings and land used exclusively for purposes related to the use for worship of the principal structure.

Restaurant means an establishment where food and/or beverages are cooked or prepared and offered for sale, where consumption is permitted on the premises whether or not entertainment is offered and includes establishments commonly known as bars, grills, cafes, taverns and nightclubs permitting consumption of food on the premises.

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

Security plan means a plan for preventing unauthorized access to, or theft and pilferage from, a marihuana facility, approved for operation in the City of Menominee.

Self-service storage means a building or group of buildings consisting of individual, self-contained units that are leased to individuals, organizations or businesses for storage of personal property.

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

Special use permit means a permit issued by the planning commission to a person intending to undertake the operation of a use upon land or within a structure or building specifically identified in the affected zoning district under special uses authorized by permit.

State-licensed residential facility means a residential structure licensed by the state under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, or the Child Care Organizations Act, Public Act 116 of 1973, and provides residential services for six or fewer persons under 24-hour supervision or care. State licensed residential facilities include:

(1)

Adult foster care family homes.

(2)

Foster family homes.

(3)

Foster family group homes.

State Law reference— Similar provisions, MCL 125.3101(t).

Story means 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.

Street means a public dedicated right-of-way which affords traffic circulation and means of access to abutting property.

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

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

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

Tower, freestanding, means towers erected for communication and/or reception and used privately or for commercial purposes.

Transitional housing means a facility which is operated by a government or a nonprofit agency providing interim sleeping and bath accommodations; interim eating and cooking facilities; and professional services to assist individuals or families in locating permanent housing.

Undefined terms. Any term not defined herein shall have the meaning of common or standard use.

Variance means a modification of the literal provisions of this zoning chapter granted in specific cases when strict enforcement of this zoning chapter would cause practical difficulty owing to circumstances unique to the individual property on which the variance is granted.

Vehicle sales means the offering for sale of more than three new or used automobiles, trucks, boats, aircraft, or recreational vehicles on a single lot within a 12-month period.

Warehouse means a building or portion thereof used for storage of goods, merchandise or other property. The term "warehouse" shall not be deemed to include the storage area in connection with a purely retail business when located on the same property, or a use meeting the definition of the term "self-service storage."

Wild animal means any animal which a person is prohibited from possessing by law, or any animal which is likely to bite without provocation or has a known propensity to attack or injure human beings or household pets, including but not limited to alligator (family), deer (family), opossum (family), badger, dog (wild family), primate (family), bear, dog-wolf, raccoon, bird (wild), ferret, skunk, cat (wild family), spider (poisonous), coyote, lizard (poisonous), weasel (family), marten or any hybrid animal which is part wild.

Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest building line of the principal building on the lot.

Yard, front required, means the minimum required yard extending the full width of the lot and situated between the front line and the front building line, parallel to the street line. The depth of the required front yard shall be measured at right angles to the street line, in the case of a straight street line, and radial to the street line, in the case of a curved street line.

Yard, rear, means an open unoccupied space extending the full width of the lot between the rear line of the lot and the rear building line of the principal building on the lot.

Yard, rear required, means the minimum required yard extending the full width of the lot and situated between a rear property line and the rear building line, parallel to the rear property line. The depth of the required rear yard shall be measured at right angles to the rear property line, in the case of a straight rear property line, and radial to the rear property line, in the case of a curved rear property line.

Yard, side, means an open, unoccupied space on the same lot with the principal building, between the side building line of the principal building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Yard, side required, means the minimum required yard extending between the front yard and rear building line and situated between a side property line and the side building line, parallel to the side property line. The width of the required side yard shall be measured at right angles to the side property line, in the case of a straight side property line, and radial to the side property line, in the case of a curved side property line.

(Code 1979, §§ 11:1.201—11:1.203(E); Ord. of 2-2-2015; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

It shall be unlawful for any person to commence operations of any kind that are in violation of the terms of this chapter, and any violations shall be subject to the penalties herein prescribed.

(1)

Inspection of violation. The code enforcement officer or his agent shall inspect each alleged violation of this chapter within ten working days of receipt of a notice of an alleged violation.

(2)

Notice of violation, correction period. On determination by the code enforcement officer that a violation of the terms of this chapter has occurred, written notice shall be given to the owner by first class mail. Such notice shall contain a reasonably accurate statement of the violation, and of the actions necessary to correct the violation by the owner. The notice shall require correction of the violation within a stated number of days of receipt of the notice. If the violation is not corrected within the stated period, the code enforcement officer shall issue a citation to the owner.

(3)

Penalties. Any individual, corporation, partnership or any other group acting as a unit who shall violate a provision of this chapter shall be responsible for a municipal civil infraction. Each week that a violation continues after due notice has been served shall be deemed a separate offense.

(Code 1979, § 11:1.352)

State Law reference— Authority to make violations a municipal civil infraction, MCL 125.3407.

The provisions of this chapter are based primarily upon the Menominee City General Plan which was established to provide a logical framework to guide the development of the City in the future. The plan concerns the use of land and the arrangement of physical facilities and institutions in the City. The plan also considers the impact of the natural environment upon the City as well as manmade influences. The establishment of these zoning districts and regulations are intended to promote the public health, safety and general welfare by encouraging the use of lands in accordance with their character and adaptability, while limiting the improper use of land.

(Code 1979, § 11:1.102)

(a)

Except as provided in subsection (b) of this section, whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rules or regulations, the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern.

(b)

Except as otherwise provided in the Michigan Zoning Enabling Act (MCL 124.3101 et seq.), provisions in this chapter adopted pursuant to the Michigan Zoning Enabling Act (MCL 124.3101 et seq.) shall be controlling in the case of any inconsistencies between such provisions and an ordinance adopted under any other law.

(c)

Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal laws and administrative rules and regulations including pollution control or environmental law or regulation.

(Code 1979, § 11:1.104)

State Law reference— Zoning ordinance as controlling, MCL 125.3210.

No structure shall be constructed, erected, placed or maintained, and no land use commenced or continued within the City except as specifically or by necessary implication, authorized by this chapter. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

(Code 1979, § 11:1.107)

Except with respect to the location, construction and use of buildings and building sites, the development and use of land by public utilities, including cable TV, for public utility purposes is exempt from regulation under this chapter. Railroad tracks and stations are also exempt.

(Code 1979, § 11:1.108)