A building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.

A use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

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

Any structure, either temporary or permanent, having a roof supported by columns, walls or any other supports, which is used for the purpose of housing, sheltering, storing or enclosing persons, animals or personal property, or carrying on business activities. This definition includes but is not limited to mobile homes, tents, sheds, garages and greenhouses.

The portion of a lot or yard, stated in terms of a percentage, which is covered by all principal and accessory buildings. In the case where there is a roof projecting beyond a wall or foundation, coverage shall be measured from the wall below, except where such projection exceeds two feet, in which case coverage shall be measured from the roofline.

The vertical distance measured from the existing grade to the highest point of the roof's surface (the peak). Where a building is located on sloping terrain, height will be measured for each building wall characterized by sloping terrain, from the average ground level of the existing grade at the building wall to the highest point of the roof's surface (the peak). Where any roof surface does not extend to a wall along the exterior foundation of the building, the building height at such roof's peak surface shall be measured from the existing grade at the nearest wall along the exterior foundation of the building. In the case of a pillar foundation, the building height shall be measured as if traditional foundation construction is utilized. For the purposes of this definition, "existing grade" shall be interpreted to mean the existing grade along the proposed building foundation prior to any construction, grading, clearing or earthmoving activities.

An individual or agency hired by the Village to administer the Village's Construction Code pursuant to Public Act 230 of 1972, as amended.

Property, including crematories, mausoleums and/or columbariums, used or intended to be used solely for the perpetual interment of deceased human beings or customary household pets.

A document signed by the Building Inspector as a condition precedent to the commencement of a use, which acknowledges that such use, structure or building complies with the provisions of this chapter and the Village's Construction Code.[1]

A relay structure, including both antenna and structural supports, attached directly to the ground or to another structure, used for the transmission or reception of radio, television, telephone, microwave or any other form of telecommunications signals. Not included within this definition are: citizen band radio facilities; radio and television citizen band radio facilities; short-wave-receiving facilities; federally licensed amateur (ham) radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Land set aside principally for the protection and appreciation of natural resources such as wildlife, woodlands, wetlands and sand dunes, and which are sometimes more commonly referred to as "nature preserves" or "nature areas."

A dwelling in which a permanent resident of the dwelling, in addition to no more than one additional care provider, provides for the care of fewer than seven minor children unrelated to the resident of the dwelling for periods of fewer than 24 hours a day, for more than 20 days in a calendar year, unattended by the children's parents or legal guardians, and licensed or registered by the state.

An area of land for which there are regulations governing the use of buildings and premises, such as yard requirements, lot sizes, and height regulations. A "district" is also known as a "zone" or "zoning district."

A means of access for vehicles from a road across a lot to a parking or loading area, garage, dwelling or other structure or area on the same lot.

Any building, or portion thereof, which is designed or used exclusively for residential purposes. In no case shall a motor home, trailer coach, vehicle or any portion thereof, tent or portable building be considered a dwelling.

An independent detached building designed as a single dwelling unit and used exclusively for occupancy by one family. A single-family dwelling may include an attached garage.

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

Built, constructed, reconstructed, moved upon, or any physical activity upon a premises or lot required for the building. Excavations, fill, drainage and the like shall be considered a part of erection when done in conjunction with a structure.

Any breaking of ground, except common household gardening and ground care, including fencing.

A single individual doing his/her own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other long-term domestic bond as distinguished from a society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period. Said definition shall not apply in instances of group care centers, or state licensed residential facilities as established under Act 287 of 1972, as amended, or by Act 116 of 1973, as amended.[2]

The depositing or dumping of any matter into or onto the ground.

The total continuous length of the line separating said lot from the road right-of-way, and typically identical to the front lot line.

An accessory building or an accessory portion of a principal building designed or used primarily for the storage of noncommercial motor vehicles, boats, motor homes, snowmobiles and similar vehicles owned and used by the occupants of the building to which it is accessory.

An occupation or profession conducted entirely within a dwelling, including an attached garage. See § 360-39.

A surface that has runoff coefficient of greater than 0.50, as defined in the American Society of Civil Engineers Manual No. 77 (Design and Construction of Urban Stormwater Management Systems), or its replacement, or in a State of Michigan source responsible for runoff calculations.

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.

A tract of land which is occupied or intended to be occupied by a principal building or buildings or utilized for the principal use and uses accessory thereto. A lot may consist of a single lot of record, a portion of a lot of record, or any combination of complete and/or portions of lots of record. (See Figure 18-1, Lot Types, attached to this chapter.)

The area of the horizontal plane within the lot lines of a lot, exclusive of the area of any road right-of-way adjoining any portion of the lot.

Any lot having at least two contiguous sides adjoining upon one or more roads, provided that the interior angle at the intersection of such two sides is less than 135°. A lot adjoining a curved street(s) shall be a corner lot if the arc has a radius less than 150 feet. (See Figure 18-1, Lot Types, attached to this chapter.)

The distance from the front lot line of the lot to its opposite rear line, measured midway between the side lot lines (see Figure 18-2, Lot Lines and Yards, attached to this chapter).

A lot whose access to a road is by a narrow, private easement that is either a part of the lot or an easement across another property, and does not meet the frontage requirements of the district in which it is located (see Figures 18-1 and 18-2 attached to this chapter).

A lot not otherwise described as a corner, through or flag lot.

The lines bounding a lot (see Figure 18-2 attached to this chapter).

A lot which is part of a platted subdivision and is shown on a map thereof, which has been recorded in the office of the Berrien County Register of Deeds as of August 27, 1992, and provided said lot was lawfully created in accordance with applicable statutes and ordinances.

A lot having frontage on two roads other than a corner lot (see Figure 18-1 attached to this chapter).

The straight line horizontal distance between the side lot lines, measured at the two points where the minimum required front setback line intersects the side lot lines (see Figure 18-2 attached to this chapter).

The portion of a lot or yard, stated as a percentage, which is covered by principal and accessory buildings and structures, swimming pools, impervious surfaces, such as but not limited to wood or other decking, stone, brick, asphalt, concrete, gravel, landscape pavers, and hard-surface patios and outdoor areas, irrespective of the width of the gap between bricks and stones, and similar component surfaces of such areas, and any modification of ground surface areas that generally impeded the normal growth of grasses, shrubs and trees and roof overhanging, except that this thirty-percent standard shall not apply to handicap access ramps. Maximum lot coverage applies to, but is not limited to, principal and accessory structures and buildings.

The statement of policy by the Village relative to the agreed upon and officially adopted guidelines for a desirable physical pattern for future community development, land use and preservation. The plan, developed pursuant to Public Act 33 of 2008, as amended (MCLA § 125.3801 et seq.), the Municipal Planning Act, consists of maps, charts and written material representing in summary form the soundest concept for addressing community growth.[3]

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. The term "mobile home" shall not include pickup campers, travel trailers, motor homes, dwellings consisting of prefabricated units transported to a site on a removable undercarriage or flatbed and assembled for permanent location on a lot (modular homes), recreational vehicles, converted buses, tent trailers, or other transportable structures designed for temporary use.

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.

A self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreational activities and temporary occupancy.

A building or structure (or portion thereof) lawfully existing at the time of adoption of this chapter or a subsequent amendment thereto, that does not conform to the provisions of this chapter relative to height, bulk, area, placement, lot or building coverage, or yards for the district in which it is located. For the purposes of this definition, "structure" shall include decks, patios and other surfaces contributing to lot coverage as defined in this chapter.

A lot lawfully existing at the effective date of this chapter or affecting amendment and which fails to meet the area, frontage and/or dimensional requirements of the district in which it is located.

A use of a building or structure or of land, lawfully existing at the time of adoption of this chapter or subsequent amendment thereto, that does not conform to the regulations of the district in which it is situated.

Not causing momentary or long-term loss of vision due to reflective light.

Any offensive, annoying, unpleasant or obnoxious thing or practice or a cause or source of annoyance which prevents the free use of one's property or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endanger life and health.

Either parking on private property or parking within the right-of-way of a street, but outside of the moving traffic lanes.

Parking within the moving traffic lanes.

The owner of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee, or any other person, sole proprietorship, partnership, association or corporation directly or indirectly in control of a building, structure or real property, or his or her duly authorized agent.

See definition for "lot."

An area of definite length and width as designated in this chapter for parking an automobile or other vehicle, and which is fully accessible for such purposes.

A person aggrieved shall be any person, firm, partnership, corporation or association with an interest in real property which will suffer special damages as a result of the decision in question. "Special damages" shall be defined as a particular injury to a landowner's beneficial use or enjoyment of his own land, which injury is not shared in common with other members of the general public.

A map of a subdivision of land recorded with the Register of Deeds pursuant to the Land Division Act, P.A. 591 of 1996, as amended, or a prior statute.

A plan showing basic features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this chapter. A plot plan depicts less detailed information compared to a site plan. Plot plans shall be to a scale of one inch equals 20 feet.

The main building on a lot in which the principal use exists.

The main use to which the premises is devoted and the main purpose for which the premises exists.

A use of land which is not permitted within a particular zoning district.

Land and associated structures and buildings used to carry out a governmental function(s) or provide a governmental service(s), such as a use or service owned or managed by a city, village, township, county, state or public school board, and including commissions or other arms of such entities. Examples of such facilities include, but are not necessarily limited to, municipal parks and cemeteries, police and fire protection facilities, courts of justice, and government offices.

Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public any of the following: gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, including what are commonly referred to as travel trailers, camping trailers, motor homes, and truck campers. Recreational vehicles do not include mobile homes.

The legally established boundaries of a public thoroughfare established for passage of persons, vehicles or the location of utilities. The delineated boundaries are referred to as right-of-way lines.

Any public thoroughfare dedicated and maintained for the use and operation of vehicular traffic by the Village of Michiana. May also be referred to as "street."

The distance between the road right-of-way line or the side or rear lot line and the nearest supporting member of a structure on the lot.

A plan showing all physical features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this chapter. Site plans shall be to a scale of one inch equals 20 feet.

Uses and structures which have been generally accepted as reasonably compatible with the primary uses and structures within a zoning district but could present potential injurious effects upon the primary uses and structures within the zoning district and, therefore, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. All such proposed uses shall be subject to a public hearing. Refer to Article XII, Special Land Uses.

An administrative order which is either posted on the property or mailed to the property owner which directs a person not to continue or not to allow the continuation of an activity which is in violation of this chapter.

A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Licensing Act, 1979 P.A. 218, MCLA §§ 400.701 to 400.737, or 1973 P.A. 116, MCLA §§ 722.111 to 722.128, and provides residential services for six or fewer individuals under twenty-four-hour supervision or care.[4]

See "road."

Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having such location on the ground, including but not limited to all buildings, independently supported decks, satellite dishes and freestanding signs; excepting anything lawfully in a public right-of-way, including but not limited to utility poles, sewage pumping stations, utility manholes, fire hydrants, electric transformers, telephone boxes, and related public facilities and utilities defined as essential public services. Fences shall not be considered as structures but shall comply with all applicable standards of this chapter.

An above- or below-grade structure or container designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing.

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

A modification of the literal provisions of the Zoning Ordinance authorized by the Zoning Board of Appeals according to the provisions of this chapter.

An open space, on the same lot with a principal building, unoccupied and unobstructed from the ground upward by a building or structure, except as otherwise permitted in this chapter and as defined herein (see Figure 18-2 attached to this chapter).

The authorized individual or agency charged with the responsibility of administering this chapter and appointed by the Village Council.

A written approval issued by the Zoning Administrator that certifies that the proposed activity conforms to the requirements of this chapter. In the case of a single-family dwelling, a building permit may serve as a zoning compliance certificate.

A portion of the Village within which specific regulations and requirements, or various combinations thereof, apply as provided in this chapter.