The following rules of construction apply to the text of this Ordinance.

1.

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

2.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

3.

A "building" or "structure" includes any part thereof.

4.

The term "lot" includes any site or parcel comprising an individual piece of land, whether created by platting, splitting, condominium or other legal process.

5.

The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".

6.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

7.

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

a.

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

b.

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

c.

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

d.

Terms not herein defined shall have the meaning customarily assigned to them.

(ord. eff. April 24, 2021)

ABANDONMENT: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

ABUTTING: Having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.

ACCESSORY BUILDING (ACCESSORY STRUCTURE): A subordinate building or structure detached from, but located on the same lot as, the principal structure, the use of which is clearly incidental and accessory to that of the principal structure. For measurement of area proposed, an attached garage or deck shall be considered an accessory structure.

ACCESSORY USE, OR ACCESSORY: A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same lot as, the principal use to which it is related.

When "accessory" is used in this text, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to, the following:

A.

Residential accommodations for servants and/or caretakers.

B.

Swimming pools for the use of the occupants of a residence or their guests.

C.

Domestic storage in a shed, tool room or similar accessory building or other structure.

D.

Uses clearly incidental to a main use, such as but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

ADDITION: Any new construction which increases the size of an existing structure.

ADULT USES:

A.

ADULT BOOK STORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", or an establishment with a segment or section devoted to the sale or display of such material.

B.

ADULT NOVELTY STORE: An establishment specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct.

C.

GROUP "D" CABARET: A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

D.

SPECIFIED ANATOMICAL AREAS:

1.

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

E.

SPECIFIED SEXUAL ACTIVITIES:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Acts of human masturbation, sexual intercourse or sodomy.

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

ALLEY: Any dedicated public way affording a means of access to abutting property and not intended for general traffic circulation and not more than eighteen (18') feet wide.

ALTERATIONS: Any change, addition or modification in construction in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed." (Also see Structural Alteration.)

ANTENNA: A wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure including, but not limited to, amateur radio antennas, television antennas and satellite receiving dishes.

ARCHITECTURAL FEATURES: Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

AUTOMOBILE HEAVY REPAIR GARAGE: Truck repair, collision service (such as body, frame, or fender straightening and repair), overall painting and vehicle rustproofing.

AUTOMOBILE REPAIR AND SERVICE CENTER: General repair, engine building, rebuilding and reconditioning of motor vehicles, not including collision service and painting.

BASEMENT (CELLAR): A basement is that portion of a building partly below grade but so located that the average vertical distance from the grade to the floor is greater than the average vertical distance from the grade to the ceiling; provided, however, that if the average vertical distance from the grade to the ceiling is five (5') feet or more, such areas shall be considered as a story.

BED AND BREAKFAST ESTABLISHMENT: An owner-occupied dwelling unit that contains no more than eight (8) guest rooms where overnight lodging, with or without meals, is provided for compensation.

BEDROOM: A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

BERM: An earthen mound graded, shaped and improved with landscaping in such a fashion as to be utilized for screening purposes.

BLOCK: The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development or boundary lines of the City.

BUILDING: A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels in a building. This shall include tents, awnings or vehicles situated on private property and use for purposes of a building. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

BUILDING, APARTMENT: A building containing three (3) or more residential dwelling units.

BUILDING ENVELOPE: That portion of a lot or parcel remaining after all setbacks have been subtracted.

BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated.

BUILDING PERMITS: A building permit is the written authority issued by the Community Development Director permitting the construction, removal, moving, alteration or use of a building in conformity with the provisions of this Ordinance.

BUILDING, TEMPORARY: A structure without permanent foundation erected or devoted to the development of, or in connection with, the principal site used for a limited period of time.

CAR WASH, FULL SERVICE: An area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning and washing of motor vehicles. In no instance shall a commercial car wash so defined be considered an accessory use.

CARPORT: A partially open structure for sheltering vehicles erected in conformity with the site requirements for garages.

CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such cemetery.

CHURCH OR PLACE OF RELIGIOUS WORSHIP: An institution that people regularly attend to participate in or hold religious services, meetings and other activities. The Term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. The word "church" shall not include or mean an undertaker's chapel or funeral building.

CITY COMMISSION: The words "City Commission" shall mean the City Commission of the City of Mount Clemens.

CLINIC: A place for the care, diagnosis and treatment of sick or injured persons and those in need of medical or minor surgical attention. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for in-patient care or major surgery.

CLUB, LODGE OR FRATERNITY: An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit.

COMMERCIAL USE: An occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee or licensee.

COMMISSION: The word "Commission" shall mean the City of Mount Clemens Planning Commission.

CONDOMINIUM: An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space. A condominium may include, in addition, a separate interest in other portions of such real property.

CONSERVATION EASEMENT: An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition, retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.

CONVALESCENT OR NURSING HOME: See HUMAN CARE FACILITIES.

COURT: An open space on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. A court shall be unoccupied, except as otherwise herein provided.

DECK: A wooden platform structure higher than eighteen (18) inches above the mean yard grade.

DENSITY: The number of families residing on, or dwelling units developed on, an acre of land.

DEVELOPMENT: The division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, fill or land disturbance; and any use or extension of the use of land.

DISTRICT (ZONING DISTRICT): A portion of Mount Clemens within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

DRIVE-IN ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (i.e., restaurants, cleaners, banks, theaters, etc.).

DRIVE-THROUGH: A maneuvering lane established for the sole purpose of directing traffic to a service window which is intended to be used for sales and/or service to patrons who remain in their vehicles.

DWELLING UNIT: A dwelling unit is any house or building, or portion thereof, having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one (1) family, either permanently or transiently, but in no case shall a travel trailer, automobile chassis, tent or portable building be considered a dwelling unit.

EASEMENT: The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

ENCLOSED PATIO OR ATRIUM: An enclosed patio or atrium shall be defined as an accessory structure having over eighty percent (80%) of the exterior building elevations constructed of glass. At least one side of the accessory structure shall be connected to a principal building.

ERECTED: The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

ESSENTIAL SERVICES: The term "essential services" means the erection, construction, alteration, maintenance addition, reconstruction or replacement by public utilities or municipal departments or commissions of underground, surface or overhead distribution of gas, electricity, communications, steam or water transmission or distributing systems, collection, supply or disposal system including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, including buildings reasonably necessary for the furnishing of adequate service to this municipality and immediate surrounding territory by such public utilities or municipal departments or commissions. Such facilities both above and below ground, including storage fields and high pressure mains designated to serve users principally outside of this municipality and immediate surrounding territory, shall not be considered essential services under this definition.

EXCAVATION: Any breaking of ground, except common household gardening and ground care.

FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

FAMILY: One or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit; provided that a group of four (4) or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Notwithstanding the definition of the preceding paragraph, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, non-profit housekeeping unit, if said occupants are disabled, as defined in the Fair Housing Act of 1988.

FAMILY DAY-CARE: See HUMAN CARE FACILITIES.

FENCE: Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FILLING: Shall mean the depositing or dumping of any matter onto or into the ground, except common household gardening.

FOOT CANDLE: The unit of illumination when the foot is taken as the unit of length. It is the illumination on a surface one (1) square foot in area on which there is a uniformly distributed flux of one (1) lumen, or the illumination produced on a surface all points of which are at a distance of one (1) foot from a directionally uniform point source of one (1) candela.

FUNERAL HOME: A building, or part thereof, used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns and other related funeral supplies; and d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

GARAGE, ATTACHED: A private garage which is attached to a principal building or is less than five (5') feet from the closest point of the principal building.

GARAGE, DETACHED: A private garage maintaining a minimum distance of five (5') feet from a principal building.

GARAGE, PRIVATE: An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature, having capacity for not more than three (3) automobiles.

GARAGE, PUBLIC: Any building or premises, other than a gasoline filling station, used for housing or care of more than three (3) automobiles, or where any such automobiles are equipped for operation, repaired or kept for remuneration, hire or sale.

GARBAGE: Garbage shall mean all wastes, animal, fish, fowl or vegetable matter incident to the preparation, use and storage of food for human consumption, spoiled food, dead animals, animal manure and fowl manures.

GASOLINE SERVICE STATION: A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including automobile repair as herein defined for Automobile Repair and Service Center.

GREENBELT (Also see Screening): A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this Ordinance.

GROUP DAY-CARE: See HUMAN CARE FACILITIES.

HOME OCCUPATION: An activity carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes.

HOSPITAL: A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the State of Michigan, and is used for primarily in-patient services, and including such related facilities as laboratories, out-patient departments, central service facilities and staff offices.

HOTEL: See LODGING.

HUMAN CARE FACILITIES:

A.

Adult Care Facilities:

1.

Adult Care Facilities, State-Licensed: A facility for the care of adults, over eighteen (18) years of age, as licensed and regulated by the State under Michigan Public Act 218 of 1979, and rules promulgated by the State Department of Human Services, providing 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 do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.

2.

Adult Day-Care Facility: A facility other than a private residence, which provides care for more than six (6) adults for less than twenty-four (24) hour period.

3.

Adult Foster Care Family Home: A private home with the approved capacity to receive 6 or fewer adults to be provided with foster care for twenty-four (24) hours a day for 5 or more days a week and for 2 or more consecutive weeks. This may include adult day care for 6 or fewer adults. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

4.

Adult Foster Care Large Group Home: A private home with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection, in addition to room and board, for compensation, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks. This may include adult day care for 20 or fewer adults.

5.

Adult Foster Care Small Group Home: A private home with the approved capacity to receive more than six (6) but not more than twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24)hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation. This may include adult day care for 12 or fewer adults.

6.

Adult Congregate Care Facility: A private home with the approved capacity to receive more than twenty (20) adults for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.

7.

Convalescent or Nursing Home: A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.

B.

Daycare/Childcare and Child Foster Care.

1.

Child Care Facility: A facility for the care of children under 18 years of age, as licensed and regulated by the State under Michigan Public Act 116 of 1973 and the associated rules promulgated by the State Department of Human Services.

2.

Child Care Centers, Nursery Schools, and Day Nurseries: A facility, other than a private residence, receiving pre-school or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which 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. "Child care center" or "day care center" does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

3.

Family day care home (six or fewer children less than 24 hours per day): A private home in which 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. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

4.

Group day care home (seven to 12 children less than 24 hours per day): A private home in which more than six but not more than 12 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. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

5.

Foster Family Group Home: A private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, 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.

6.

Foster Family Home: 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, marriage, or adoption, 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.

IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar improvements and structures.

INTERSTATE HIGHWAY: A highway officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the Federal government.

JUNK: For the purpose of this Ordinance, the term "junk" shall mean any motor vehicles, machinery, appliances, product, merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.

JUNKYARD: An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

KENNEL: The keeping on a lot for commercial purposes of four or more dogs, cats or other household pets which are more than six months old. Keeping includes, but is not limited to, boarding, breeding or training.

LABORATORY: A place devoted to experimental or routine study, such as testing and analytical operations and in which manufacturing of product or products is not permitted.

LOADING SPACE: 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 and unloading merchandise or materials.

LODGING: A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and/or in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service.

LOT: A parcel of land occupied or intended to be occupies by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records. Each such parcel shall also have its front lot line abutting a public street or approved private road.

LOT OF RECORD: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or a system of registration used by City or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

LOT, SUBSTANDARD: A lot or parcel of land that has less than the required minimum area, depth or width as established by the zone in which it is located, and provided that such lot or parcel was of record as a legally created lot on the effective date of this Ordinance.

MAJOR THOROUGHFARE: An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term to identify those streets as depicted in the Master Plan.

MANEUVERING LANE: A paved lane designed to accommodate the on-site circulation of motorized vehicles.

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

MANUFACTURED HOUSING COMMUNITY: A parcel or tract of land under the control of a person upon which two (2) or more manufactured 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 incident to the occupancy of a manufactured home and which is not intended for use as a temporary trailer park and licensed pursuant to the provisions of Act 419, Public Acts of 1976, as amended.

MANUFACTURING, HEAVY USES: Manufacturing, fabrication and assembly uses may include stamping operations, chemical processing plants, tool and die or machine shops, foundries, or similar.

MASTER PLAN: The comprehensive long-range plan, adopted by the Planning Commission, intended to guide growth and development within the city of Mount Clemens that includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities and land use.

MEZZANINE: An intermediate floor in any story occupying an area not to exceed one-third (1/3) of the floor area of such story.

MUNICIPALITY: The City of Mount Clemens.

NONCONFORMING STRUCTURE OR BUILDING: A structure or building, or portion thereof, lawfully existing at the effective date of this Ordinance, or amendments thereto and that does not conform to the provisions of this Ordinance in the district in which it is located.

NONCONFORMING USE: A use which lawfully occupied a building or land at the effective date of this Ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

NUISANCE: The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this Ordinance, nuisances and all such nuisances are hereby declared illegal.

NUISANCE FACTORS: An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people (particularly at night), passenger traffic, and invasion of non-abutting street frontage by traffic.

NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

NURSING HOME (ALSO CONVALESCENT OR REST HOME): See HUMAN CARE FACILITIES

NURSERY SCHOOL, DAY SCHOOL, CHILD CENTER: See HUMAN CARE FACILITIES

OCCUPANCY LOAD: The number of persons that a building can hold, as determined by the Fire Marshall or as determined by the City Building Code.

OCCUPIED: The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

OUTDOOR RETAIL SALES: Open air business uses not conducted from a wholly enclosed building, if operated for profit, shall include the following uses:

A.

Bicycle, trailer, mobile home, motor vehicle, farm implements, boats, or home equipment sale or rental services.

B.

Outdoor display and sale of garages, swimming pools and similar uses.

C.

Retail sales of fruit, vegetables and perishable foods.

D.

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

OPEN SPACE: Land used for recreation, resource protection, amenity and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space.

OPEN SPACE, COMMON: Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

OUTDOOR RETAIL SALES. The retail sales of plant materials, lawn furniture, playground equipment, and garden or building supplies.

OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, junk material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

PARCEL: A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

PARK: Any public or private improved land available for recreational, educational, cultural or aesthetic use, or scenic purposes.

PARKING, SURFACE: Parking provided at street level. Such parking requires no building structure to support additional levels of building space or parking area above or below the at-grade parking area.

PARKING AREA: Any area of a site designated for the use of parking or access to parking spaces. The parking area shall include all drives, aisles and maneuvering lanes necessary to accommodate such parking.

PARKING LOT, OFF STREET: A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two (2) automobiles.

PARKING SPACE: An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and full accessibility for the parking of permitted vehicles. Tandem parking stalls in single-family detached, single-family attached, and townhome residential uses shall be considered to be fully accessible for the purpose of this definition.

PARKING STRUCTURE: A building constructed for the purpose of providing multiple stories of parking area above or below street level.

PERSON: Any natural person, firm, partnership, association, corporation, or limited liability company; however, this definition does not include any governmental unit.

PLACES OF ASSEMBLY: Any structure wherein persons regularly gather for religious activity, entertainment, or political purposes including, but not limited to, places of worship, theaters, fraternal organizations, and trade union halls. A place of worship is a structure used to conduct a religious service, including, but not limited to, the usual accessory structures and uses, such as convents, rectories, parsonages, monasteries, gymnasiums and church halls.

PLANNED UNIT DEVELOPMENT (PUD): A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

PLANNING COMMISSION: The City of Mount Clemens Planning Commission.

PRINCIPAL BUILDING: A building which contains the primary use of the lot.

PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use.

PRIVATE STREET OR ROAD: A street or road which is not under public ownership or control serving two or more lots.

PUBLIC ROAD: All public property reserved or dedicated for street traffic.

PUBLIC UTILITY: Any persons, firm, corporation, governmental unit or other entity duly authorized to furnish to the public, electricity, gas, sanitary sewers, water, communications, transportation or other services or commodities pursuant to Federal, State or municipal regulations.

COMMERCIAL RECREATION USES (INDOOR):

COMMERCIAL RECREATION USES (OUTDOOR): Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation uses.

RECREATION VEHICLES:

A.

A "travel trailer" is a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

B.

A "pick-up camper" is a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

C.

A "motorized home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

D.

A "folding tent trailer" is a metal, plastic or canvas folding structure, mounted on wheels and designed for travel and vacation use.

E.

"Boats" and "boat trailers" shall include boats, jet skis, floats and rafts, plus the normal equipment to transport the same on the highway.

F.

"Snowmobiles" and "all terrain vehicles", plus the normal equipment to transport the same on the highway.

REPAIRS: The rebuilding or removal of a part of an existing building for the purpose of maintaining its original type and classification.

RESIDENTIAL, DETACHED. A single-family dwelling unit designed and/or used exclusively for residential purposes for one family only and containing one dwelling unit.

RESIDENTIAL, ATTACHED. A structure used for residential occupancy by more than one family living independently of each other. Typical configurations of attached residential units consist of the following:

A.

DUPLEX/TRIPLEX. Structures that contain two or three dwelling units stacked or placed side by side with each unit having access directly to the street.

B.

TOWNHOUSE. A group of dwellings having party walls with each other and located side by side. Townhouses are typically narrow, 2-3 story residential buildings with each unit having access directly to the street.

C.

FLAT/APARTMENT. Multiple dwelling units placed side by side or stacked, typically with one shared entry.

RESTAURANT: A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

RESTAURANT, DRIVE-IN: An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

RESTAURANT, DRIVE-THROUGH: A use that involves the delivery of prepared food to the customer within a vehicle, typically passing through a pass-through window, for consumption off of the premises.

RETAIL SALES AND SERVICE: Establishments providing the sale of goods sold on the premises and services to the general public, including, but not limited to, drug store, hardware store, laundry or cleaners pick up, jewelry store, florist, gift shop, book store, clothing store, photographer, bakery, shoe repair, tailoring, salons and barbershops.

RIGHT-OF-WAY: The right-of-way line shall be the line established City's adopted Master Plan, the Macomb County Road Commission or Michigan Department of Transportation in their right-of-way requirements established for Mount Clemens.

ROOM: For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing 1, 2 or 3-bedroom units and including a "den", "library," or other extra room shall count such extra room as a bedroom for the purpose of computing density.

RUBBISH: Means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter, such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or any similar or related combinations thereof.

SECONDARY ROAD: A road that conducts and distributes traffic and carries through-traffic as a lower order major thoroughfare to major activity centers. This is the highest order of street appropriate to a residential neighborhood and residential frontage along it should be prohibited or severely restricted.

SCREENING: The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features. Screening may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after twelve (12) months and which shall be maintained in an opaque condition: walls, berms or plantings.

SELF-SERVICE STORAGE WAREHOUSE: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

SHOPPING CENTER: A group of three (3) or more commercial establishments built primarily for retailing the principal goods and services required by a household. These centers are built on sites readily accessible by automobile with common parking provided.

SITE: A parcel of land.

SPECIAL LAND USE: A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke or noise) is permitted in a district, subject to approval by the City and subject to special requirements, different from those usual requirements for the district in which the special land use may be located.

STATE EQUALIZED VALUATION: The value shown on the City's assessment roll as equalized through the process of State and County equalization.

STREET: A public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

STRUCTURE: Anything constructed or erected on the ground or attached to the ground, including, but without limitation to, buildings, factories, sheds.

STRUCTURAL ALTERATION: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, stairways, or any change in the width or number of exits, or any substantial change in the roof.

SWIMMING POOL: The term "swimming pool" shall mean any structure or container intended for swimming, located either above or below grade designed to hold water to a depth of twenty-four (24) inches or greater.

TEMPORARY USE OR BUILDING: A use or building permitted by the Zoning Board of Appeals to exist during periods of construction of the main building or use, or for special events or purpose.

URGENT CARE FACILITY: A facility or institution principally engaged in the immediate treatment of minor injuries and/or illnesses of an acute nature.

USE: It is the purpose for which land or a building is designed, arranged or intended to be used, or for which land or a building is or may be occupied.

UTILITY ROOM: A utility room is a room used primarily for storage, for housing a heating unit, or for laundry purposes.

VARIANCE: A relaxation by the Zoning Board of Appeals of the dimensional regulations of the Ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this Ordinance would result in practical difficulty or unnecessary and undue hardship.

VEHICLE STACKING LANE: A paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in/thru facility or auto-oriented use, which is located in such a way that a parking space is not obstructed.

VERTICAL PROJECTION: Any architectural feature which projects into the yard space from the ground up through the first story.

WALLS, OBSCURING: An obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

WAREHOUSING AND DISTRIBUTION: The storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

WORKSHOP/SHOWROOM: A workplace for a craftsperson or contractor primarily used for fabrication or repair of goods. Contractor establishments including an office, showroom, warehouse or workshop for indoor maintenance and indoor storage of equipment, Retail sales or education are permitted accessory uses to small-scale production or contracting. providing such use is within a completely enclosed building and excludes outside storage yards.

ZONE: (See: DISTRICT, ZONING)

ZONING BOARD OF APPEALS: Shall mean the Zoning Board of Appeals of the City of Mount Clemens.

(ord. eff. April 24, 2021)

BUILD-TO: Build-to is a line parallel to the public street right-of-way to which buildings must be constructed.

A.

Build-to is measured from and perpendicular to the lot line abutting a street. Where a public access easement abuts the public street right-of-way on a lot, the build-to shall be measured from the easement rather than the lot line.

B.

Percentage of frontage. Required build-to is calculated as a percentage using the length of the primary building wall divided by the total lot width, as measured at the lot line abutting the subject street right-of-way. Buildings shall be built at or within the build-to requirement for at least the minimum percentage (%) required along the Primary and/or secondary frontage.

C.

Building depth. The horizontal distance at the ground floor measured perpendicular from the exterior of the street facing building wall at the build-to line to the opposite exterior wall enclosing the permitted street level active uses.

D.

Permitted articulations of architectural features. Architectural features utilized for building wall articulation that are within 2 feet of the primary building wall may be utilized in the length of applicable building wall meeting the build-to.

1.

Recessed entries at a maximum depth of 15 feet, measured perpendicular to the build-to, and a maximum width of 15 feet, measured parallel to the build-to may be utilized in the length of applicable building wall meeting the build-to.

CLEAR VISION TRIANGLE: To ensure that landscape materials do not constitute a driving hazard, clear vision site triangles shall be established at all street intersections and at the intersection of site driveways and streets. No fence, wall, shrubbery, sign, or other obstruction to vision above a height of thirty-six (36") inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance of twenty five (25') feet from their point of intersection. Internal parking lot landscaping improvements should be of an appropriate size, location, and species to avoid blocking the vision of drivers within the parking lot.

DOORYARD: The Dooryard is defined as the area between the property line and the front facade/build-to. It is intended as a transitional area between the public realm and private property for pedestrian-oriented amenities.

A.

The Dooryard shall accommodate entrances, outdoor seating, projections such as awnings, balconies, stoops and porches.

B.

The Dooryard shall contain urban-style landscape (concrete pavement, planters, street furniture). Lawns are only permitted in the Dooryard of stoop frontages in the Urban Flex district.

C.

The unbuilt portion of the build-to shall be considered an additional Dooryard for a minimum depth of 5 feet.

FENESTRATION: Openings in the building wall, including windows, doors and open areas.

1.

When measuring fenestration, framing elements (such as muntins) with a dimension of 2 inches or less are considered part of the opening.

2.

Ground floor fenestration shall be measured as a percentage of glass per total wall area between 2 and 8 feet above the ground floor elevation.

3.

Ground floor windows may not be made opaque by window applications). Operable sun blocking devices are permitted, as well as solar protection tinting with no less than 75% light transmittance.

4.

A minimum of 80 percent of the window surface on the ground floor shall allow a view into the building interior for a depth of at least 12 feet.

5.

Upper level windows shall be vertically proportioned.

FLOOR AREA, GROSS (for the purpose of computing parking): Floor area is the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls or from the centerline of walls separating two buildings. "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven (7) feet ten (10) inches or more, interior balconies and mezzanines.

FLOOR AREA, USEABLE (for the purposes of computing parking): Useable floor area shall be considered the gross floor area as defined herein, minus the area used or intended to be used principally for elevator or stair bulkheads, or for areas dedicated to heating and cooling mechanisms, server rooms, or other areas which are necessary for the physical operation of the building itself.

FLOOR AREA, RESIDENTIAL: For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

FRONT BUILDING LINE. Once a building line has been established by the construction of a principal building upon an approved site, no other principal building or use shall be located between the established building line and the front lot line (or side lot line abutting a side street) without first obtaining approval of the Planning Commission. The Planning Commission shall review the building and/or use proposed to be located in front of the established building to determine whether the building or use is of such location, size and character to be in harmony with the appropriate and orderly development of the balance of the site, is not detrimental to the development of adjacent uses, does not create any vehicular or pedestrian hazards, and is aesthetically compatible with the buildings and uses located (or to be located) upon the site. Landscaping plans, site plans (including signs and the location of trash receptacles), and elevations of all sides of any building to be constructed shall be submitted to enable the Planning Commission to determine whether the proposed additional front building and/or use conforms with the requirements of this Section. In reviewing this request, the Planning Commission shall apply the standards contained herein and in Section 13.3 and may impose reasonable conditions as authorized by Section 13.4.5. to ensure that the standards are satisfied.

FRONTAGE. The side of a building abutting a street or right-of-way.

A.

Every dwelling or principal building shall be located on a lot which shall front upon an improved public or an existing private street, road or highway. Modification of this requirement may be permitted by the Planning Commission in cases where unusual topographic or geographic conditions exist.

B.

Determining front yard. The placement of all buildings on corner lots and lots having frontage on two streets shall observe the required front yard setback from the street side of the building where the front entrance of the structure is located. Where front entrances are located on more than one street side, the applicant shall determine the street side that will be considered the front of the building. The portion of the building determined to be the front shall go on record as such at the Community Development Department and shall conform to the applicable setback requirements. The street side of the building that has not been designated as the front shall conform to side or rear yard setback requirements, whichever is applicable.

C.

Primary frontage is located along the front lot line.

D.

Secondary frontage. Corner lots, through lots, or any lot with more than one street frontage, shall have a secondary frontage on every lot line abutting a street other than the front lot line. Alleys shall not be considered street frontage.

E.

For through lots on Main Street, Main Street shall be the primary frontage and Gratiot the secondary frontage.

GRADE: The lowest point of elevation of the finished surface of the ground. The established grade of the street or sidewalk shall be the elevation of the curb, or the centerline of the road if there is no curb, at the midpoint of the front of the lot.

GRADE, MEAN: Mean grade is defined as the arithmetic average of elevations of points on the boundary lines of a site (parcel of land) uniformly spaced and not more than one hundred (100) feet apart.

GRADE, BUILDING: The finished grade at the building shall be the building grade.

GROSS SITE AREA: The total site area under the ownership of the applicant before any deductions are made for roads, open space, parcels to be separated or planned for later development, and the like.

HEIGHT: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front lot line or from the grade in all other cases.

A.

The minimum height shall be satisfied from the build-to line back to a depth of at least 30 feet.

B.

Second floor finished elevation shall be measured from the grade to the second story finished floor elevation.

C.

Upper floor clear height is measured from finished floor elevation to finished ceiling elevation

LOT AREA: The total horizontal area within the lot lines of a lot.

LOT, CORNER: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this Ordinance if the arc if of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred thirty-five (135) degrees.

LOT COVERAGE: The percent of the lot occupied by buildings or structures, including accessory buildings or structures.

LOT, THROUGH LOT: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

LOT, DEPTH: The depth of a lot is the dimension measured from the front of the lot to the extreme rear line of the lot. In the case of irregularly shaped lots, the mean depth shall be taken.

LOT, INTERIOR: Any lot other than a corner lot.

LOT LINES: The lines bounding a lot as defined herein:

A.

Front Lot Line: In the case of an interior lot, is that line separating said lot from the street. In the case of a double-frontage lot, is the line separating said lot from the street side which has been designated as the front of the building.

B.

Rear Lot Line: That lot line opposite the front lot line.

C.

Side Lot Line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT WIDTH: The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.

SETBACK: Measurement. The measurement for determining front, rear and side yard setback requirements shall be made from the exterior wall of the principal building to the nearest applicable property line.

STORY: That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A "mezzanine" shall be deemed a full story when it covers more than fifty (50) percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.

STORY, HALF: An uppermost story lying under a sloping roof, having an area of at least two hundred (200) square feet, with a clear height of seven feet six inches (7' 6"). For the purposes of this Ordinance, the usable floor area is only that area having at least four (4) feet clear height between floor and ceiling.

YARD: An open space, unoccupied and unobstructed from the ground upward except as otherwise provided herein and being on the same lot with a building. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure.

YARD, FRONT: A yard on the same lot with a building between the front line of the building and the front lot line and extending to the other side lot line.

YARD, REAR: A yard on the same lot with a building between the rear line of the building and the rear lot line and extending to the other side lot line.

YARD, SIDE: A yard on the same lot with a building between the side lot line and the nearest side line of the building and extending from the rear yard to the front yard.

(ord. eff. April 24, 2021)