of language.

The following rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(3)

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

(4)

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.

(5)

A building or a structure includes any part thereof.

(6)

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

(7)

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

(8)

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

a.

"And" indicates that all 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 singly, but not in combination.

(9)

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

(Ord. No. 158, § 14.00, 9-22-2008)

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:

Abandonment means 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 means 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) means any building or structure, supplementary or subordinate to, and detached from a principal building or structure located on the same lot, the use of which is incidental and accessory to the principal use.

Accessory use or accessory means 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:

(1)

Residential accommodations for servants and/or caretakers.

(2)

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

(3)

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

(4)

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

(5)

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

(6)

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the lot is located.

(7)

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.

(8)

Accessory off-street loading, subject to the off-street loading regulations for the district in which the lot is located.

(9)

Accessory signs, subject to the sign regulations for the district in which the lot is located.

(Note: The storage of boats, vehicles, recreation equipment in excess of size or number of those commonly associated with residential uses in the district will not be considered accessory regardless of whether or not such storage is located in a building.)

Adult arcade means any place to which the public is permitted or invited, wherein coin-operated, slug-operated, or for compensation, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video screens, videotape decks, computer screens, or other image-producing devices are maintained to show images to five or fewer persons at a time and where the images so displayed are distinguished or characterized by the depicting or describing of specific sexual activities of specified anatomical areas.

Adult bookstore, adult video store or adult novelty store means a commercial establishment which as one of its principal business purposes (meaning either a substantial or significant portion of its stock in trade) offers for sale or rental, or for any form or consideration, any one or more of the following:

(1)

Books, computer diskettes, tapes or hard drives, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas, or

(2)

Instruments, devices, or paraphernalia, which are designed for use in connection with specified sexual activities. Condoms and clothing articles are excepted.

Commercial establishment may have other principal business purposes which do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specific anatomical areas and still be categorized as adult book store or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being so categorized as long as one of its principal business purposes is the offering for sale or rental for consideration, materials depicting or describing specified sexual activities or specified anatomical areas. For purposes of video cassettes or films which are X-rated or of substantially equivalent content of X-rated films, shall be considered to depict or describe specified sexual activities or specified anatomical areas notwithstanding anymore restrictive definition set forth herein.

Adult cabaret nonliquor establishment means a nightclub, bar, restaurant or similar commercial or non-commercial establishment which does not furnish or serve alcoholic beverages or permit the consumption of alcoholic beverages which permits any of the following:

(1)

Persons who appear in a state of nudity or semi-nudity; or

(2)

Live performances characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video cassettes, slides, computer presentations, or other moving-image reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult cabaret liquor establishment means a nightclub, bar, restaurant or similar commercial or non-commercial establishment which serves, furnishes or permits the consumption of alcoholic beverages which permits any of the following:

(1)

Persons who appear in a state of nudity or semi-nudity; or

(2)

Live performances characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video cassettes, slides, computer presentations, or other moving-image reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel means a hotel, motel, or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions of X-rated motion pictures or motion pictures equivalent to X-rated motion pictures and has a sign visible from the public right of way advertising the availability of this type of photographic reproductions; or

(2)

Offers a sleeping room for rent for a period that is less than eight hours.

Adult motion picture theater means a commercial establishment where for any form of consideration films, motion pictures, video cassettes, or similar photographic reproductions are regularly shown which are X-rated or the equivalent of X-rated.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.

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

Antenna (see also satellite dish antenna) means 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.

Apartment means a room or suite of rooms used as a dwelling for one family which does its own cooking and contains sanitary facilities therein.

Apartment (house) building means a building containing three or more dwelling units whose entrances are from a common hallway or area or series of hallways or areas.

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

Automobile heavy repair garage means truck repair, collision service (such as body, frame, or fender straightening and repair), overall painting and vehicle rustproofing.

Automobile repair and service center means general repair, engine building, rebuilding and reconditioning of motor vehicles, not including collision service and painting.

Automobile service station means a building or premises designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space or facilities for the installation of such commodities on or in such vehicles, and including space or facilities for the storage, minor repair or servicing of automobiles.

Awning means a cantilevered, projected or suspended cover over the sidewalk portion of the street, or a roof-like covering, usually of canvas, metal, or similar material and sometimes adjustable, placed over the sidewalk, windows, or doors to provide protection from sun and rain. It is distinguished from a canopy because it is not permanent, nor a structural portion of the building and does not support substantial weight.

Basement means that portion of a building which is party or wholly below grade, but so located that the average vertical distance from the grade to the floor is grater 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 feet or more, such basement shall be considered as a story.

Bed and breakfast means a use within a detached single-family dwelling in which transient guests are provided a sleeping room, breakfast, and access to bathing and lavatory facilities in return for payment.

Bed and breakfast establishment means an owner-occupied dwelling unit that contains no more than six guest rooms where overnight lodging, with or without meals, is provided for compensation.

Bedroom means a room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

Berm means an earthen mound graded, shaped and improved with landscaping in such a fashion as to be utilized for screening purposes.

Block means 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.

Boardinghouse means a building in which lodging and/or meals are furnished to guests for compensation.

Boathouse means a building or structure substantially over a body of water used for sheltering or hoisting one or more boats.

Boathouse, covered means a structure substantially over a body of water used for the purposes of boat dockage or storage. This structure shall have all sides open for a height of not less than eight feet above the mean water level and enclosed a distance of not more than three feet down from the top of the structure's top plate.

Build-to line (BTL) means a line or plane defining the street frontage, which extends vertically and generally parallel to the street, at which the building shall be placed.

Buildable area means the space remaining after compliance with the minimum required setbacks and the minimum open space requirements of this chapter.

Building means any structure, either permanent or temporary, having a roof or other cover supported by walls, columns, posts or other means, and intended for the enclosure or shelter of persons, animals, chattels, or property of any kind. Buildings shall include residential and nonresidential enclosures and shelter, as well as carports, coal bunkers, garages, gazebos, greenhouses, manufactured housing, mobile homes, pergolas, pole barns, portable storage units, semi-trailers, silos, sheds, storage tanks, tents, towers, vehicles used for the purposes of a building, and similar structures. Dog houses or similar covered domestic animal enclosures less than six square feet in area shall not be subject to building requirements.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck lines of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs; or to a point equivalent to the foregoing on any other roof. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building, multiple means a building, or portion thereof, used or designed as residence for two or more families living independently of each other and doing their own cooking in said building. This definition includes three-family building, four-family building, and apartment building, but does not include trailer camps or manufactured housing communities.

Building official means the building official of the city or his authorized representative.

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

Building, single-family means a detached building designed or occupied exclusively by one family.

Building, temporary means 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.

Building line means a line established, in general, parallel to the front street right-of-way line at the minimum front yard setback distance.

Buy/sell precious metals establishment means an establishment where more than 15 percent of the total revenue generated, measured on an annual basis, is from the resale of precious metals or gems purchased directly from the general public.

Canopy means a cantilevered, projected or suspended cover over the sidewalk portion of the street, or a roof-like covering placed over the sidewalk, windows, or doors to provide protection from sun and rain. It is distinguished from an awning because it is a permanent, durable, structural portion of the building as opposed to a light covering of canvas, metal or other similar material.

Caretaker means any person who is responsible for the safekeeping of a property. This may be the owner, manager, or any person designated by the owner, manager or court.

Car wash, full service,, means 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.

Car wash, self-service means a building that provides facilities for washing and cleaning motor vehicles, which uses production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor for drying, polishing or waxing.

Carport means a partially open structure for sheltering vehicles erected in conformity with the site requirements for garages.

Carry-out restaurant. (See Restaurant, fast-food).

Cemetery means 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.

Check cashing establishment means an establishment whose principal business involves cashing a check for consideration or extending a deferred deposit loan, and shall include any other similar type businesses licensed by the state. This definition shall specifically exclude banks, savings and loans institutions and credit unions licensed otherwise under federal or state law.

Church or place of religious worship means 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.

Club, lodge or fraternity means 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 means an occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee or licensee.

Commercial vehicles means:

(1)

Vehicles with capacity in excess of three-quarters of a ton used in commercial activities, such as business or trade, by the owner, operator or some other person, except for one-ton pickups used by an owner or occupant of residential property within the city, if said pickup is for noncommercial use only.

(2)

Any trailer, regardless of size, whether attached or unattached to a motor vehicle, that is used for the storage or hauling of tools, equipment, machinery, merchandise, inventory, supplies or waste by-products including, but not limited to, leaves, clippings, paper and/or building materials, used for commercial purposes. Trailer shall mean a vehicle without motor power, designed to be towed by a motor vehicle.

(3)

Any stake truck (with or without stakes in place), step van, semitrailer/tractor or semitrailer, ice cream truck, dump truck, vendor's truck, catering truck, tow truck, cube van or car hauler or utility truck 5,000 pounds or over.

Community center means a place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Commission means the City of New Baltimore Planning Commission.

Condominiums::

(1)

Condominium Act means Act 59 of 1978, as amended.

(2)

Condominium subdivision plan means the site plan illustrating the existing site features and all proposed improvements pursuant to the requirements for site plan review.

(3)

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

(4)

Master deed means the condominium document recording the condominium project as approved by the city, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the site.

Convalescent, nursing home or foster care home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and/or medical care.

Deck means a wooden platform structure higher than 18 inches above the mean yard grade.

Dedication means the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of less than fee interest, including an easement.

Density, as referred to in this chapter, does not guarantee any specific number of units or lots from any individual parcel or group of parcels. Rather, density is the number of units or lots which can be developed on a given parcel, while meeting all of the criteria and regulations applicable to conventional subdivision development.

Development means 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 means a portion of the city within which certain uses of land and buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter (zoning district).

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

Drive-thru means 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 means 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 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 means the right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

Efficiency unit means a dwelling unit consisting of one room, exclusive of bathroom and kitchen.

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.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Essential services means those services as outlined below, which are designed and constructed to directly serve only local users within the geographic boundaries of the city. Such essential services may include the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment, provided they are designed and constructed to directly serve only local users and are a necessity at that location.

Establishment means as applied for adult uses, means and includes any of the following:

(1)

The opening or commencement of any sexually-oriented business as a new business;

(2)

The conversion of an existing business, whether or not sexually-oriented, to any sexually-oriented business;

(3)

The addition of any sexually-oriented business to any other existing sexually-oriented business; or

(4)

The relocation of any sexually-oriented business.

Facade means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family means one or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit; provided that a group of four 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 handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Family day-care means a private residence where care, protection and supervision are provided, for a fee, to at least one and no more than six children, including children of the adult provider.

Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Floor area means area measured to the exterior face of exterior walls and to the centerline of interior partitions; plus, similarly measured, that area of all other stories having more than 84 inches of headroom which may be made usable for human habitation; but, excluding the floor area of basements, attics, garages, breezeways, porches and accessory buildings.

;p0;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 feet ten inches or more, interior balconies and mezzanines.

Floor area ratio means determined by dividing the gross floor area of all buildings on a lot or site by the area of that lot/site.

Floor area, residential means 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 dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor area, useable (for the purposes of computing parking) means 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.

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

Frontage means the width of the lot measured at the required building line or minimum front yard setback from the right-of-way of the street or road.

Frontage type means a typology that provides a building's relationship to the street through standards for building scale and façade treatments.

Funeral home means a building, or part thereof, used for human funeral services. Such building may contain space and facilities for:

;ol1; (1)\Embalming and the performance of other services used in preparation of the dead for burial;

;ol1; (2)\The performance of autopsies and other surgical procedures;

;ol1; (3)\The storage of caskets, funeral urns and other related funeral supplies; and

;ol1; (4)\The storage of funeral vehicles, but shall not include facilities for cremation.

;b0; Where a funeral home is permitted, a funeral chapel shall also be permitted.

Garage, private, means 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 automobiles.

Garage, public, means any building or premises, other than a gasoline filling station, used for housing or care of more than three automobiles, or where any such automobiles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, storage, means any premises, except those herein defined as private garage, used exclusively for the storage of self-propelled vehicles, and where such vehicles are not repaired.

Garbage means 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 means 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.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building, if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the grade for each face of the building.

Grade, building, means the finished grade at the building shall be the building grade.

Greenbelt (also see Screening) means 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 chapter.

Gross site area means 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.

Group "C" cabaret means a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

Group day-care means a private residence where care, protection and supervision are provided, for a fee, to at least seven and no more than 12 children or adults, including children of the adult provider.

Hazardous substances means any substance or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Height means 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 or gambrel roofs, measured from the curb level if the building is not more than ten feet from the front lot line or from the grade in all other cases.

Home occupation means 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 means 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 means a series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation. Hotels may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

Household pet means animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds and rodents, not to include pot belly pigs or reptiles.

Impervious surface means any surface or structure incapable of or highly resistant to penetration by water including, but not limited to, roofs of any type, concrete, asphalt or bituminous paving, flagstone, brick and compacted gravel or earth,. Pervious and permeable pavement approved by the city engineer shall not be considered an impervious surface.

Junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, motorcycles, ATVs, snowmobiles or machinery, or parts thereof, but does not include uses established entirely within enclosed buildings.

Kennel means any lot or premises on which five or more dogs, six months old or older, are kept permanently or temporarily.

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

Lot means a parcel of land occupied or intended to be occupied 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 chapter. 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 area means the total horizontal area within the lot lines of a lot.

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 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 135 degrees.

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

Lot depth means the mean horizontal distance measured from the front street right-of-way line to the rear lot line.

Lot, double frontage, means 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, interior, means any lot other than a corner lot.

Lot lines means the lines bounding a lot as defined herein:

;ol1; (1)\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 both streets.

;ol1; (2)\Rear lot line: That lot line opposite the front lot line.

;ol1; (3)\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 of record means 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, means 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 chapter.

Lot width means 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. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoint of the front and rear property lines.

Major thoroughfare means 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 on the major thoroughfare plan to identify those streets as depicted in the master plan.

Maneuvering lane means a paved lane designed to accommodate the on-site circulation of motorized vehicles.

Manufactured home means 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 means a parcel or tract of land under the control of a person upon which two 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.

Master plan means a comprehensive plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the city, and includes any unit or part of such plan and any amendment to such plan or parts thereof.

Mezzanine means an intermediate floor in any story occupying an area not to exceed one-third of the floor area of such story.

Mean grade means 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 100 feet apart.

Municipality means the City of New Baltimore.

Nonconforming structure or building means a structure or building, or portion thereof, lawfully existing at the effective date of this chapter, or amendments thereto and that does not conform to the provisions of this chapter in the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nude model studio means any place where a person appears in the state of nudity or displayed specified anatomical areas to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by any other person who pays money, or any other form or consideration.

Nudity or state of nudity means the exposure of the human male or female genitals, pubic area, or buttocks with less than a fully-opaque covering, the showing of the female breasts with less than a fully-opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

Nuisance. The word "nuisance" shall be held to embrace public nuisance as known in 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 chapter, nuisances and all such nuisances are hereby declared illegal.

Nuisance factors means 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 means 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 chapter 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) means a home, whether operated for profit or not, for the care of the aged, infirmed, or those suffering from bodily disorders, wherein seven (7) or more persons are housed or lodged and furnished with nursing care.

Nursery school, day school, child center means an establishment wherein 13 or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are for remuneration cared for. Such schools or centers need not have a resident family on the premises.

Occupancy load means the number of persons that a building can hold, as determined by the fire marshall or as determined by the city building code.

Occupied means the word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

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

(1)

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

(2)

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

(3)

Retail sales of fruit, vegetables and perishable foods.

(4)

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

(5)

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

Outdoor storage means the keeping, in an unroofed area, of any goods, junk material, merchandise or vehicles in the same place for more than 24 hours.

Outlot means when included within the boundaries of a recorded plat, means a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.

Outlot, commercial means a portion of a commercial lot set aside as a future and/or separate building site.

Parcel means a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Park means any public or private improved land available for recreational, educational, cultural or aesthetic use, or scenic purposes.

Parking, surface, means 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 means any area of a site designated for the use of parking or access to parking spaces. The parking area shall include all spaces, drives, aisles and maneuvering lanes necessary to accommodate such parking.

Parking lot, off street, means a facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.

Parking space means 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.

Patio means a level surfaced area directly adjacent to an adjacent building which has an average elevation of less than six inches, and without walls or a roof.

Pawnbroker use means pawnbroker businesses as defined in the New Baltimore Code of Ordinances, state public acts or substantially similar business.

Payday lending establishment means an establishment which derives 15 percent or more of its total revenue from extending credit or providing loans on a secured or unsecured basis, specifically excluding banks, savings and loans, and credit unions otherwise licensed by state or federal law.

Performance guarantee (also maintenance guarantee) means any financial guarantee accepted by the city in the form of cash, letter of credit or performance bond, provided that the city shall not require that a financial guarantee more than ten percent of the total performance costs to ensure that all improvements, facilities or work required by this chapter will be completed in compliance with this chapter, regulations, and the approved plans and specifications of a development.

Permittee and/or licensee means means a person in whose name permit and/or license to operate a sexually-oriented business has been issued as well as the individual listed as the applicant on the application for permit and/or license.

Person means means any individual, proprietorship, partnership, corporation, association or any other legal entity.

Planned unit development (PUD) means 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 means the City of New Baltimore Planning Commission.

Porch, open, means a covered entrance to a building or structure which is un-enclosed, except for columns supporting the porch roof, and projects out from the exterior wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Principal building means a building which contains the primary use of the lot.

Principal use means the main use of land or structures, as distinguished from a secondary or accessory use.

Private drive means a means of vehicle access serving one property or one dwelling.

Private street or road means a street or road which is not under public ownership or control serving two or more lots.

Public road means all public property reserved or dedicated for street traffic.

Public utility means 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.

Putrescible means subject to decay and decomposition and to becoming putrid.

Recreational vehicles means vehicles primarily designed for recreation, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, in accordance with Act 419 of Michigan Public Acts of 1976 as amended. Recreational vehicles shall include such things as motor homes, truck campers, travel trailers, folding camper trailers, off road vehicles, ATVs or other portable units including boats, snowmobiles, motorcycles, and trailers.

(1)

Boat or personal watercraft shall mean a vessel that requires registration from the secretary of state for traveling in or on water including a unit powered by sail or motor.

(2)

Snowmobile shall mean a motor driven vehicle designed for travel primarily on snow or ice, of a type which utilizes sled-type runners or skis and endless belt tread, or any combination of these, or other similar means of contact with the surface on which it is operated.

(3)

Trailer shall mean a vehicle without motor power, designed to be drawn by a motor vehicle, to be used for carrying property other than property used for commercial purposes only, including but not limited to, boats, snowmobiles, ATVs, motorcycles, personal watercrafts, or other noncommercial type of equipment, or vehicles.

Recycling center means a facility that is not a junk yard and in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Repairs means the rebuilding or removal of a part of an existing building for the purpose of maintaining its original type and classification.

Restaurant means 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, means 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, fast-food, means any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either means:

(1)

Foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

(2)

The establishment includes a drive-up or drive-thru service facility or offers curb service.

Right-of-way means the right-of-way line shall be the line established by the Road Commission of Macomb County or Michigan Department of Transportation in their right-of-way requirements established for New Baltimore or the city's adopted master plan.

Room means 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 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 one-, two- or three-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.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

Screening means 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 12 months and which shall be maintained in an opaque condition means walls, berms or plantings.

Secondary road means a road that conducts and distributes traffic and carries through-traffic as a lower order major thoroughfare to major activity centers.

Self-service storage facility means 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.

Semi-nude means a state of dress in which clothing covers no more than the genitals, anus, pubic region and areola of the female breast as well as portions of the body covered by supporting straps or devices.

Separate ownership means ownership of a parcel of property wherein the owner does not own adjoining vacant property.

Setback means the minimum horizontal distance between any face of the building, excluding only steps, and the adjoining property lines.

Sexual encounter center means a business or commercial enterprise that as one of its principal business purposes offers for any form of consideration:

(1)

Contact in the form of wrestling or tumbling between semi-nude or nude persons of the same or opposite sex; or

(2)

Physical contact between male and female persons and/or persons of the same sex, where one or more of the persons is in a state of nudity and the contact includes actual or simulated specified sexual activity.

Sexually-oriented business means any of the following:

(1)

Adult arcades;

(2)

Adult book stores and adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Nude model studios;

(9)

Sexual encounter centers;

(10)

Other similar uses.

Site means a parcel of land.

Soil removal means removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof.

Special land use means a land use or an activity which, under certain circumstances, might be detrimental to other permitted uses and should not be permitted as a right in a given zoning district, but which use can be permitted under circumstances unique to the proposed location and subject to conditions, acceptable to the city, which provide protection to land uses.

Specified anatomical areas means the less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below the point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity means and includes any of the following:

(1)

The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, actual or simulated, including intercourse or oral copulation, masturbation, or sodomy.

(3)

Excretory functions, as part of or in connection with any of the activities set forth in (1) and (2) above.

State equalized valuation means the value shown on the city's assessment roll as equalized through the process of state and county equalization.

Stoop means a platform or small porch, usually up several steps, at the entrance to a building, usually a dwelling or dwellings.

Story means 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 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 24 feet or more.

Story, half, means an uppermost story lying under a sloping roof, having an area of at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

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

Structural alteration means 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.

Structure means anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on or in the ground. Structures shall include, buildings, decks, fences, gates, posts, walls, swimming pools, outdoor fire pits, fireplaces, furnaces or ovens, recreation equipment, trash receptacles, heating, cooling and refrigeration equipment, antennae, poles, towers, smokestacks, and similar structures that do not meet the definition of building. Structures do not include pavement on the ground for use by people, vehicles other permitted forms of transportation.

Swimming pool means any structure or container intended for swimming, located either above or below grade designed to hold water to a depth of greater than 24 inches.

Tattoo use means commercial establishments which furnish tattoos as either a substantial or significant portion of its business.

Temporary use or building means a use or building permitted by the city to exist during periods of construction of the main building or use, or for special events.

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

Use means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Utility room means a utility room is a room used primarily for storage, for housing a heating unit, or for laundry purposes.

Variance means a relaxation by the zoning board of appeals of the dimensional regulations of this chapter 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 chapter would result in practical difficulty or unnecessary and undue hardship.

Vehicle stacking lane means 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 means any architectural feature which projects into the yard space from the ground up through the first story.

Veterinarian clinic means a place for the care, diagnosis and treatment of sick or injured animals and those in need of medical or minor surgical attention. A veterinarian clinic may include customary pens or cages which are permitted only within the walls of the clinic structure.

Walls, obscuring, means an obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

Warehousing and distribution means 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.

Wireless communication facilities means all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals which may include, but are not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Citizen band radio facilities, short-wave facilities, ham, amateur radio facilities, satellite dishes, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority are not included in this definition.

Wireless communication facility, attached, means a wireless communication facility that is affixed to an existing structure; for example, an existing building, tower, water tank, utility pole, etc., which does not include an additional wireless communication support structure.

Wireless communication, co-location means the location by two or more wireless communication providers, public authority, or other duly authorized party of wireless communications facilities on an existing structure, tower or building, in a manner that reduces the overall need for additional or multiple freestanding single use wireless communication facilities with the City of New Baltimore.

Wireless communication, support structure, means a structure newly erected or modified to support wireless communication antennas and connecting appurtenances. Support structure types, including, but not limited to, monopoles, lattice towers, light poles, utility support structures, traffic control structures, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

Yard means 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, means 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, means 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, means 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.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests on, or within five feet of a lot line.

Zone. (See district)

Zoning board of appeals means the Zoning Board of Appeals of the City of New Baltimore.

Zoning official means the building official or his authorized designee.

(Ord. No. 158, § 14.01, 9-22-2008; Ord. No. 169, § 5, 6-28-2010; Ord. No. 179, § 2, 1-9-2012; Ord. No. 216, § 9, 2-26-2018; Ord. No. 231, § 2, 12-9-2019; Ord. No. 248, § 2, 1-24-2022; Ord. No. 254, § 2, 10-24-2022)