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 subordinate building or structure on the same lot with a main building, occupied or devoted to an accessory use. Where an accessory building is attached to a main building in a substantial manner or by a wall or roof, such accessory building shall be considered a part of the main building.

Accessory use means a use naturally and normally incidental, ancillary, and subordinate to the main use of the premises.

Adult foster care facility means a state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701 et seq.; MSA 16.610 (61) et seq., as amended.

Alterations, structural, mean any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.

Ambulance services means a facility for the dispatch, storage, and maintenance of emergency medical care vehicles.

Animal hospital means an establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence, also known as a veterinary clinic.

Art studio means a work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft, such as a photo gallery, dance studio or similar facility.

Bakery/coffee/ice cream shop means an informal restaurant primarily offering bakery items, desserts, coffee, tea and other beverages, and where limited menu meals may also be sold.

Basement means a portion of building located totally below or partly below and partly above ground, where the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.

Bed and breakfast establishment means a private residence which is the principal residence of the owner thereof and which offers sleeping accommodations to guests for rent and in which meals are served to the guests thereof. A guest of such an establishment shall be a person who rents a room therein for fewer than 30 consecutive days.

Billboards. See Sign as defined by this section.

Building means an independent structure, either temporary or permanent, having a roof supported by columns, or any other support used for the enclosure of persons, animals, or personal property or carrying on business activities or other uses. When any portion thereof is completely separated from every other part thereof by a division of walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Building height means the vertical distance measured from the top of the main or ground level foundation wall, whichever is lowest, to the highest point of the roof surface of flat roofs, to the deck of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. When the terrain is sloping, the ground level is measured at the mean established grade at the building wall perimeter.

Building setback means the measurement from the property line to the nearest point of the building or structure, including all improvements attached to the structure.

Business center means any group of three or more commercial establishments on one parcel which are any one or more of the following:

(1)

Under one common ownership;

(2)

Have a common arrangement for the maintenance of the grounds and are connected by party walls, partitions, covered canopies or other structural members to form one continuous structure;

(3)

Share a common parking area; or

(4)

Otherwise present the appearance of one continuous commercial area. The business center structure shall have a minimum square footage of at least 5,000 square feet.

Business incubator means an organization, firm, entity, business, or institution designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that include physical space, capital, common services and networking connections.

Car wash means an establishment utilizing mechanical facilities for the washing, drying or waxing of private automobiles, light trucks and vans, but not commercial fleets, and which may be an accessory use to a gas station or motor vehicle repair facility.

Catering/banquet facility means a service or facility providing meals or refreshments for public or private entertainment for a fee, and which may include a banquet facility as a primary element of the use, which is an establishment which is rented by individuals or groups to accommodate private functions but not open to the general public.

Church means a place of assembly owned or maintained by an organized religious organization for the purpose of regular gatherings for worship services. The term church includes mosques, synagogues, temples, shrines, meetinghouses and pagodas, and which may include accessory private schools, administration offices, child care for members and visitors and other services for members incidental to the primary religious use.

Clear vision area means an area where nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and eight feet above the established abutting road grade within a triangle formed by two street right-of-way lines and a line connecting them to points 25 feet from the intersection of the right-of-way lines.

Commercial vehicle means any motor vehicle other than a motorcycle or passenger automobile designed or used primarily for transportation of persons or property.

Community center means a building used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or consumed.

Community facilities means a building used for municipal services, owned and operated by the local government or its affiliate.

Contractor's yard means a facility or site and associated buildings used primarily for the office operations and the storage of equipment, vehicles, machinery, building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of building trades or building craft.

Contractor's yard, major means a contractor's yard, as defined herein, where the contractors are engaged in earth moving, road construction and utilities construction.

Cottage housing means small, detached dwelling units clustered around a central common open space.

Day care center means a facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. 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, or drop-in center. Day care center does not include any of the following:

(1)

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

(2)

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

Day care, family home means a private home in which one but not more than six 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 home must be a bona fide private residence of the operator of the day care. Family day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

Day care, group home means a private home in which between seven and 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.

Department store means a business conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

Distribution/packaging center means a building or area in which freight brought by motor truck is assembled and/or stored for future shipment.

Drive-through facility means a commercial establishment or part thereof whose character is significantly dependent on providing a driveway approach and service windows or facilities in order to serve patrons while in their vehicle.

Drugstore means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Dry cleaning plant means a building used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

Dwelling/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 mobile home, trailer coach, automobile chassis, tent or portable building be considered a dwelling. In the case of mixed occupancy, where the 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 provision thereof relative to dwellings.

Dwelling, multiple-family, means a building or portion thereof, used or designated for use as a residence for more than two families living independently of each other. This definition does not include mobile homes, or two-family dwellings.

Dwelling, single-family, means a unit exclusively for use by one family which is entirely surrounded by open space or yards on the same lot.

Dwelling, two-family, means a detached building used or designed for use exclusively by two families living independently of each other and each doing their own cooking in such building. It may also be termed a duplex.

Educational facility means an institution providing full or part time instruction in which the service is provided at a cost to the student or the customer which may include accessory facilities associated with instruction. An educational facility is not a school.

Family means an individual or two or more persons related by blood, marriage or adoption, living together as a housekeeping unit in a dwelling unit or a collective number of individuals occupying a single dwelling unit whose relationship is of a permanent non-transitory and distinct domestic character and cooking and living together as a single and separate housekeeping unit, as distinguished from persons occupying uses such as a boarding house, lodging house, hotel or similar use.

Family day care home, see Day care, family home.

Farm means a farm as defined by the Right to Farm Act, P.A. 93 of 1981, as amended.

Fence means any permanent barrier, partition, or structure erected as a dividing structure, or as an enclosure.

Financial institution means any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies.

Floodplain means the area adjoining a river, stream, watercourse, or lake subject to a 100-year recurrence-interval flood as delineated by the flood boundary and floodway map prepared by the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA).

Floor area means the sum of the gross horizontal areas of the several floors of the building which are completely above grade [and only that portion of the lowest level of the building which is at least 50 percent above grade] ^[15] measured from the interior faces of the exterior walls or from the centerline of the wall separating two buildings. For non-residential buildings where the principal use includes the lowest level, the lowest level floor shall be included except that part thereof which contains mechanical equipment.

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

Garage, private, means a detached accessory building or portion of a main building for the parking or temporary storage of not more than three motor vehicles, including not more than one commercial vehicle with a rated capacity of one and one-half tons used by the occupants of the premises thereof.

Garage, public, means a building other than a private garage used for commercial parking, storing, caring for, renting, servicing, repairing, refinishing, equipping, adjusting or estimating, hire or sale of any vehicle.

Gas station means any building or land area used for the retail dispensing or sales of vehicular fuels and convenience items; and which may include a motor vehicle repair or service facility or a car wash facility as an accessory use, and the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Golf course/country club means a tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways and hazards. A golf course or country club may include shelters, a clubhouse, driving ranges, incidental retail sales, repair of equipment used at the facility, and small-scale banquet and restaurant facilities as accessory uses, but shall not include miniature golf or other commercial enterprises.

Grade means a reference plane representing the finished ground level adjoining a building at all exterior walls.

Grocery store means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Group day care home, see Day care, group home.

Hardware store means a retail establishment primarily engaged in the sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery.

Home occupation means an activity carried out for gain by a resident and conducted as a customary, secondary, incidental, and accessory use in the resident's dwelling, but not a hobby. Without limiting the foregoing, any dwelling used by an occupant of that dwelling to give instruction in a craft or fine art within the dwelling shall be considered a home occupation.

Home occupation, major means a home occupation as defined herein that may be apparent to neighbors by virtue of activities on site, signage, outdoor storage or modifications to structures or grounds.

Home occupation, minor means a home occupation as defined herein that, under normal circumstance, is not apparent to neighbors.

Hotel/motel means a commercial establishment providing transient sleeping accommodations to the public for a fee, and which may also offer such additional services or facilities such as meals or restaurant service, meeting rooms, and recreational facilities.

Impervious surface means any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, sidewalks and paved recreation areas.

Junk. See Trash as defined by this section.

Junk yard means a place where junk, waste, or discarded or salvaged materials are brought, sold, exchanged, stored, baled, packed, disassembled, or handled, including paper, rags, wrecked vehicles, used building materials, structural steel materials and equipment and other manufactured goods that are worn, deteriorated, or obsolete.

Kennel means any land, building or structure where more than three cats and/or dogs, six months of age or older, are boarded, housed or bred.

Landscaping company means a business principally engaged in the decorative and functional alteration, planting and maintenance of grounds. Such a business may be engaged in the installation and construction of underground improvements, but only to the extent that such improvements are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

Laundromat means a commercial establishment providing dry cleaning and laundry services on-site for businesses and residents, but which does not include a dry cleaning plant.

Library means a public, nonprofit facility in which literary, musical, artistic, or reference materials such as, but not limited to, books, manuscripts, computers, recordings, or films, are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.

Litter. See Trash as defined by this section.

Loading space means an off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in computation of required off-street parking.

Lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory structures, or utilized for a principal use and accessory uses, together with such open spaces, parking spaces and loading spaces required by this chapter.

Lot area means the total area encompassed within the lines of a lot excluding street or road rights-of-way.

Lot, corner means a lot having frontage on two intersecting streets or upon two portions of a curved street or streets where the interior angle of an intersection is less than 135 degrees.

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

Lot interior means a lot other than a corner lot.

Lot lines means the property lines bounding a lot.

Front lot line. In the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the lot from either street, but not both streets, on which such lot is located. In the case of a corner lot, such front lot line shall also be that lot line which is faced by the front of a building or proposed building; in the case of a building which faces a corner of a corner lot, the front lot line shall be that selected by the owner of the property.

Rear lot line. Ordinarily, a lot line which is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot an imaginary line of at least ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line shall be considered to be the rear lot line for the purpose of determining the depth of the rear yard. In the case where none of these definitions are applicable, the zoning administrator shall designate the rear lot line.

Side lot line means any lot line not a front line or a rear line.

Lot width means the horizontal distance between the intersections of the side lot lines with the right-of-way, measured along the right-of-way line. For corner lots, the lot width shall be measured as the horizontal distance between the intersection of the two right-of-way lines at the corner, extending along the right-of-way lines to the side lot line and to the rear lot line. For cul-de-sac lots, minimum lot width shall be measured between the side lot lines at the minimum required setback from the right-of-way.

Manufactured home means a structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a residence 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 and is installed by a Michigan licensed mobile home dealer or Michigan licensed mobile home installer as required by Michigan statute, and administrative rules promulgated thereunder. Mobile home does not include a recreational vehicle.

Manufactured home dealer means a retail establishment involved in the sale of manufactured homes.

Manufactured housing community means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a manufactured home mobile home.

Manufacturing facility means an enclosed establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, usually in a continuous and regular action or succession of actions.

Manufacturing facility, heavy means a manufacturing facility, as defined herein, that may involve any of the following: the storage of large volumes of highly flammable, toxic matter; outdoor operations as a part of the manufacturing process; the potential to produce noise, dust, glare, odors or vibration beyond the lot line; stonework or concrete product manufacturing; metal fabrication; and similar activities.

Marijuana, also known as marihuana, also known as cannabis. That term shall have the meaning given to it in section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in section 3(d) of the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marijuana used in this chapter and not otherwise defined shall have the meaning given to it in the Michigan Medical Marijuana Act and/or in the general rules of the Michigan Department of Community Health issued in connection with that Act.

Marihuana business means a medical marihuana facility licensed under the Michigan Medical Marihuana Facilities Licensing Act, Act 281 of the Public Acts of Michigan of 2016, as amended, or a recreational marihuana establishment licensed under the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, as amended which has been authorized to operate within the village under chapter 18 of the Village Code of Ordinances. The term marihuana business includes recreational marihuana growers (Class A-C); recreational marihuana processors; recreational marihuana secure transporters; recreational marihuana safety compliance facilities; recreational marihuana microbusinesses; recreational marihuana retailers; and medical marihuana provisioning centers.

Massage parlor means any establishment wherein nonmedical or nonsurgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed surgeon, chiropractor, licensed physician, licensed physical therapist, or osteopath.

Mechanical equipment means any heating, ventilation, electrical, transportation, utility, telecommunication, or other equipment either located at ground level or elevated and sometimes mounted to building rooftops.

Medical clinic means a facility in which medical, dental, health and related providers maintain offices and provide services to patients on an outpatient basis and which may include minor surgical care.

Medical marijuana dispensary. Any business, facility, association, cooperative, location, or operation, which is operated for profit or nonprofit, whether fixed or mobile, where medical marijuana is made available to be sold, used, grown, processed, delivered, or distributed by or to one or more of the following:

(1)

A primary caregiver as defined by Michigan Initiated Law 1 of 2008 as amended.

(2)

A qualifying patient as defined by Initiated Law 1 of 2008 as amended.

(3)

Members of the public.

A medical marijuana dispensary shall also include any place, location, facility, cooperative, or operation, which is operated for profit or nonprofit, whether fixed or mobile, where medical marijuana is smoked or consumed by three or more persons at one time.

A medical marijuana dispensary shall not include the dispensation of medical marijuana by a primary caregiver personally dispensing to not more than five qualified patients in strict accordance with the Michigan Initiated Law 1 of 2008, as amended, so long as the lawful amount of medical marijuana is delivered to the qualifying patient where the qualifying patient resides and it is done in full compliance with this chapter as well as all other applicable village ordinances and applicable Michigan and federal laws, rules and regulations.

A medical marijuana dispensary shall also not include the following uses: a state-licensed health care facility; a state-licensed residential care facility for the elderly or infirm; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the village and applicable Michigan and federal laws, rules, and regulations.

Medical (use of) marijuana. The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq.

Mining operation means the removal, loading, processing and/or transporting of topsoil, sand, gravel, or other such minerals on, to, or from a lot, tract or parcel of land, for commercial purposes in excess of 1,000 cubic yards per year, and including the incidental maintenance of machinery or equipment used in connection with such mining operation.

Mixed use is a development of a tract of land, building, or structure with a variety of complementary and integrated uses permitted (as permitted or special land uses) in the applicable zoning district, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.

Mobile home lot means a measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of a mobile home.

Mobile home pad means that portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures or additions.

Motor home means a self-propelled motor vehicle designed as self-contained living quarters and intended only for short term occupancy.

Motor vehicle means every vehicle which is self-propelled.

Motor vehicle repair, major means the use of a site for the repair and servicing of large commercial vehicles weighing 7,000 pounds or more, as well as the rebuilding of vehicles, reconditioning of engines or vehicles, collision service including body repair and frame straightening, planting or upholstering of passenger vehicles.

Motor vehicle repair, minor means the use of a site for the repair of automobiles and noncommercial trucks weighing less than 7,000 pounds, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This use includes muffler shops, auto repair shops, oil change and similar general service establishments, tire sales and installation, wheel and brake shops, fender shops, and similar repair and service activities, but excludes dismantling or salvage.

Motor vehicle sales means a retail business typically characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used automobiles, whether by sale, rent, lease, or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as motor vehicle repair and service, a car wash, parts storage areas, and financial service areas.

Nonconforming use of building means the use of a building, structure or land, which was lawfully existing at the time this chapter became effective, but which does not comply with the present regulations of the district in which it is located.

Nursing home means a home licensed by the state for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, medical clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office means a place, such as a building, room, or suite, in which services, clerical work, professional duties, or the like are carried out.

Parcel delivery station means an establishment which conducts the retail sale of stationery products, provides packaging and mail services and provides mailboxes for lease.

Park means a noncommercial, not-for-profit facility designed to serve the recreation needs of the community, designed primarily as an outdoor, open space for passive or active use and may include, but is not limited to, a paved or unpaved linear trail or pathway, and related accessory uses, such as parking, seating, information kiosks and similar improvements. An improved park typically includes ancillary constructed or installed facilities, such as playground equipment, restrooms or picnic shelters, while an unimproved park may include interpretive programs and trail systems that take advantage of geological, biological or scenic resources. A park does not include an outdoor or indoor recreation establishment.

Parking area or lot means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors, or employees. The term "parking area" shall include access drives within the actual parking area.

Personal services establishment means an establishment primarily engaged in providing services involving the care of a person or his or her goods or apparel.

Personal service shop means an establishment providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; psychic readers, shoe-repair shops; tanning salons; and other similar establishments.

Pet groomers means any place or establishment where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

Pet shop means a retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.

Pilaster means a decorative or structural column that is attached to the facade of a building.

Planned unit development means a zoning district which permits integrated and coordinated residential dwellings and/or certain nonresidential uses, all to be developed according to approved area and site plans as provided in article II, division 14 of this chapter.

Planning commission means the village planning commission.

Principal or main use means the primary or predominant use of a lot.

Print shop means an establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving.

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

Private wind energy facility means a wind energy conversion system which has a rated capacity of not more than 100kW/1MW and which is intended primarily to reduce on-site consumption of utility power. A wind energy conversion system shall mean any of the following: a mill or machine operated by wind acting on oblique vanes or sails that radiate from a shaft; a surface area, either variable or fixed, for utilizing the wind for electrical or mechanical power; a shaft, gearing, belt, or coupling utilized to convey the rotation of the surface areas into a form suitable for driving a generator, alternator, or other mechanical or electricity producing device; the generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy; and, the tower, pylon, or other structure upon which any, all, or some combination of the above are mounted.

Quadplex means a single structure containing four dwelling units.

Raised curb means the raised edge alongside the street and alongside an interior landscape island or landscape area within an off-street parking lot. A raised curb shall be at least 18 feet in length, six feet in height from the curb base, and 12 feet in height from the rear of the curb, with a radius of six feet to provide for protection. The raised curb shall be made up of material as detailed in section 30-83 and section 30-163 of the Code of Ordinances.

Recreation establishment, indoor means any establishment whose main purpose is to provide the general public with an amusing, healthful or entertaining recreational activity indoors and where entrance or participation is subject to a fee, including without limitation, skating rinks, billiard halls, fitness centers, bowling alleys, and arcades.

Recreation establishment, outdoor means a premises offering participant activity in an open-air setting for a fee, including uses such as driving ranges, miniature golf, swimming pools, competitive sports facilities, paintball, and similar uses.

Recreational vehicle means a vehicle designed or constructed for the transportation of people, primarily for recreational purposes, and which may permit occupancy thereof as a sleeping place, including motor homes, campers, camper trailers, off-road vehicles, boats and boat trailers.

Research/training facility means an establishment for carrying on investigation in the natural, physical, or social sciences, which may include engineering and process or product development. This use also includes general training and indoor demonstration facilities. It does not involve the mass manufacture, fabrication, processing, or sale of products or services.

Restaurant means a retail establishment selling food and drink primarily for consumption on the premises, and including establishments selling prepared foods and drinks for immediate on-site consumption or for take-out.

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

Roadside market stand means facility operated in accordance with the generally accepted agricultural and management practices for farm markets promulgated by the Michigan Commission of Agriculture and Rural Development.

Satellite dish antennae means an earth based station whose purpose is to receive communications or their signals from orbiting satellites or other extraterrestrial sources together with other equipment related to such purposes.

School means an elementary or secondary educational institution including accessory facilities traditionally associated with a program of study for educating children, which meets the requirements of Michigan law.

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

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

Site plan review means the process of reviewing documents and drawings specified in this chapter necessary to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.

Slaughterhouse means a building or structure where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises.

State licensed residential facility means a structure constructed or used for residential purposes that is licensed by the state which provides resident services for six or less persons under 24-hour supervision or care for persons in need of that supervision or care.

Street means a publicly owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road, or other thoroughfare, except an alley.

Structure means anything constructed or erected, except a building, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Supermarket means food market, or combination of food markets and department stores with more than 4,000 square feet of floor area.

Tattoo parlor means any room or space where tattooing is performed for compensation. Tattooing means a placement in human tissue of any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or any design, letter, scroll, figure, or symbol done by scarring upon or under the skin.

Tavern means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may also be available for consumption on the premises.

Taxidermist means an establishment engaged in the business of preparing, stuffing, and mounting the skins of animals.

Temporary building and use means a structure or use permitted by the zoning inspector to exist during periods of construction of the main building.

Theater means an establishment for the performing arts, including motion pictures, live dramatic performances and music performances. Such establishments may include related services such as food and beverage sales and other concessions.

Topsoil means the upper layer of soil, usually darker and richer than subsoil with rich amount of organic matter, and has the ability to retain moisture and germinate seeds.

Trash. The terms "trash," "litter," and "junk" are synonymous and each as used in this chapter shall include the following: used articles or used pieces of iron, scrap metal, automobile bodies or parts of machinery or junked or discarded machinery, used lumber, ashes, garbage, industrial byproducts or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels, and all other articles customarily considered trash or junk and which are not housed in a building.

Travel trailer means a transportable unit which must be towed by a motor vehicle, intended for occasional or short term occupancy as a dwelling unit during travel, recreational, or vacation use.

Triplex means a single structure containing three dwelling units.

Usable floor area means the floor area of a dwelling, exclusive of garages, porches, basement or utility area.

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

(1)

A legal nonconforming use is one that may not conform to the requirements of the zoning district but is not considered a nuisance, or damaging to abutting premises, or hazardous to persons on the same or adjoining premises.

(2)

An illegal nonconforming use is one considered to be a nuisance and may be abated or discontinued according to the provisions of law and the planning code and this chapter.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.

Village means the Village of Middleville, Barry County, Michigan.

Village council means the Middleville Village Council.

Warehouse means a building used primarily for the storage of goods and materials and used in conjunction with a commercial enterprise.

Wholesale establishment, major means a minor wholesale establishment, as defined herein, which is engaged in the wholesaling of lumber, chemicals, fertilizers, soil conditioners, and other potentially hazardous materials.

Wholesale establishment, minor means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Yard means the area between an identified building or structure and an identified lot line.

Yard, front means the area extending across the full width of the lot between the front lot line and the nearest point of the principal building or structure. In the case of a waterfront lot, the yard fronting on the street shall be considered the front yard. [Note: For waterfront lots, the yard fronting on the water is usually considered the front yard.]

Yard, rear, means a yard, unoccupied except for accessory buildings, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.

Yard, required, means a yard which satisfies the minimum distance requirements for a building or structure in the applicable district.

Yard, side, means the area between the side lot line and the nearest point of the principal building or structure, extending between the front yard to the rear yard.

Zoning Act means the Michigan Zoning Enabling Act (Public Act No. 110 of 2006 (MCL 125.3101 et seq.)).

Zoning administrator means the village zoning administrator.

(Ord. No. 2086, § 37, 7-12-2016; Ord. No. 2110, § 1, 9-24-2019; Ord. No. 2119, § 8, 8-24-2021; Ord. No. 2124, § 11, 3-22-2022)