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New Buffalo City Zoning Code

ARTICLE 10

Definitions

Section Z10-01 Intent and purpose.

The purpose of this article is to establish rules for the interpretation of the text of this Ordinance, to define certain words and terms, and to provide for the interpretation of this Ordinance by adoption of a technical dictionary. Certain words and terms which may not appear in this article but which have special application may be defined in other articles to which they apply.

Section Z10-02 Use of words and terms.

A. 
If the meaning of this Ordinance is unclear in a particular circumstance, then the Board of Appeals shall construe the provision to carry out the intent of the ordinance, if such intent can be discerned from other provisions of the Ordinance or law.
B. 
All words and phrases shall be construed and understood according to the common preferred usage of the language; but technical words and phrases and such as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
C. 
Words used in the present tense shall include the future tense, words used in the singular shall include the plural, and words in the plural number shall include the singular, unless the context clearly indicates and stipulates the contrary.
D. 
The words "person," "proprietor," "property owner," and "operator" shall include any recognized form of legal entity.
E. 
The words "property," "lot," "parcel," "real-estate," "premises," "plot" and "land" shall be interpreted to mean real property as delineated and described by legal documents and instruments.
F. 
The word "road" shall also mean "highway," "street," "alley," "drive," "cul-de-sac," or other public thoroughfare.
G. 
The word "building" shall include the word "structure."
H. 
The words "used" or "occupied" when applied to any land or building shall be construed to include the words "intended," "arranged," or "designed."
I. 
The words "shall" and "required" are always interpreted as mandatory and never as permissive or discretionary.
J. 
The word "may" shall be interpreted as permissive or discretionary.
K. 
Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.
1. 
"And" indicates that all connected items, conditions, provisions, or events shall apply.
2. 
"Or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.
3. 
"Either. . . or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.
L. 
In computing the number of days, the first day is excluded and the last day is included. If the last day of any period during which an application, filing, or request is required to be made to the City or other governmental agency is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.
M. 
The word "lot" includes the words "plot," "parcel," and "condominium unit/building site."
N. 
The word "erected" or "erection" as applied to any building or structure shall be construed to include the words "built," "constructed," "reconstructed," "moved upon," or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed, or moved upon, such as excavation, filling, drainage or the like.

Section Z10-03 "A" Definitions.

ABUTTING (LOT OR PARCEL)
A lot or parcel which shares a common border with the subject lot or parcel.
ACCESSORY BUILDING/STRUCTURE
A subordinate structure or building attached to or detached from but located on the same lot as a principal building or use. Accessory structures and buildings include garages, sheds, gazebos, cabanas, decks, greenhouses, arbors and trellises, swimming pools, and playhouses.
ACCESSORY DWELLING UNIT
A small, independent residential dwelling unit located on the same lot as a stand-alone principal dwelling unit. Accessory dwelling units may be located as a partitioned area within the principal dwelling, as a building attached to a principal dwelling unit, or as an accessory building detached from the principal building.
ACCESSORY RETAIL
The use of a structure on the same lot or tract as the principal structure, used for the accessory retail sale of goods or items produced on the premises.
ACCESSORY USE
A use on the same lot with, and a nature customarily incidental and subordinate to, the principal use or structure.
ADDITION
A structure added to the existing structure after the completion of the existing structure which extends or increases the floor area, or height of a building or structure.
ADJOINING (LOT OR PARCEL)
A lot or parcel which either abuts the subject property or is located directly across a public or private street right-of-way from the subject parcel.
ADULT BOOKSTORE
An establishment used for the sale of books, magazines, posters, video cassettes, motion picture films, and other printed materials; or tapes or sex objects for other than contraceptive purposes; distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," as defined herein.
ADULT DAY CARE HOME
A private residence receiving fewer than six adults to be provided with care for periods of less than 24 hours a day.
ADULT ESTABLISHMENT
Any use of land, whether vacant or combined with structures or vehicles thereon, by which said property is devoted to selling, displaying, providing services, or exhibiting material for entertainment, a significant portion of which include matter or actions depicting, describing or presenting "specified sexual activities" or "specified anatomical areas." For purposes of this definition, the term "significant" shall be defined as greater than 20% of the total material displayed or exhibited for sale for entertainment purposes, or comprising more than 20% of the revenue produced by the business. Adult establishments include, but are not limited to the following: adult motion-picture theater, adult mini-motion-picture theater, adult motion picture arcade, adult bookstore, adult cabaret, adult novelty store, adult motel, and adult massage parlor as defined in this Ordinance.
ADULT FOSTER CARE CONGREGATE FACILITY
An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.
ADULT FOSTER CARE FACILITY
A facility defined as an "adult foster care facility" by the Adult Foster Care Facility Licensing Act, Act No. 218 of the Public Acts of Michigan of 1979 (MCLA § 400.701 et seq.), as amended, having as its principal function the receiving of adults for foster care, and licensed by the state under the act. An adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care.
ADULT FOSTER CARE FAMILY HOME
A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.
ADULT FOSTER CARE LARGE GROUP HOME
An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.
ADULT FOSTER CARE SMALL GROUP HOME
An adult foster care facility with the approved capacity to receive at least three but not more than 12 adults to be provided with foster care.
ADULT LIVE ENTERTAINMENT THEATER
An enclosed building for presenting live entertainment involving the use of strip dancers, naked individuals, individuals who wear see-through clothing which permits the view of specified anatomical areas, individuals who are partially clothed and partially unclothed so as to permit the view of specified anatomical areas, or individuals conducting specified sexual activities.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this Ordinance, for observation by patrons therein.
ALLEY
Any dedicated public right-of-way affording a secondary means of access to abutting property, and not intended for general circulation.
ALTERATION
Any modification, remodeling, change or rearrangement in the structural or supporting members such as bearing walls, columns, or girders, as well as any change in the doors or windows which affect the means of egress which is undertaken without adding to the floor area height or physical size of the building or structure.
ANIMAL BOARDING FACILITY/KENNEL AND/OR VETERINARY SERVICE
Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of animals.
ARTISAN MANUFACTURING
Small-scale businesses that produce artisan goods or specialty foods, primarily for direct sales to consumers, such as artisan leather, glass, wood, paper, ceramic, textile and yarn products, specialty foods and baked goods. This land use includes the design, processing, fabrication, assembly, treatment and packaging of products; as well as the incidental storage, sales and distribution of such products.
AUTO, RECREATIONAL VEHICLE, OR WATERCRAFT SALES/RENTAL
The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new or used recreational vehicles, automobiles, or watercraft as an ancillary use of a zoning lot, and any warranty repair work and other repair service conducted as an accessory use.
AUTOMOTIVE REPAIR, MAJOR
Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body frame or fender straightening or repair; and painting of vehicles.
AUTOMOTIVE REPAIR, MINOR
Incidental repairs, replacement of parts, and motor service to automobiles but not including any operations specified under "automotive repair, major."

Section Z10-04 "B" Definitions.

BAR/TAVERN
An establishment or part of an establishment open to the general public primarily devoted to the selling or serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
BASE FLOOD LEVEL
The highest elevation of a flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building which is partly below and partly above grade, and having at least 1/2 its height below grade.
BED-AND-BREAKFAST
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.
BOARD OF APPEALS
The City of New Buffalo Zoning Board of Appeals governed by Act 110 of the Public Acts of 2006, as amended.
BREWERY/WINERY/DISTILLERY
A state-licensed production-oriented establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) primarily for sale and not including the consumption on-premises.
BREWERY/WINERY/DISTILLERY, TASTING ROOM
A tasting room for a state-licensed brewery, microbrewery, winery or distillery in which customers may sample, purchase and consume wine, beer, wine, or spirits manufactured off-premises.
BREWPUB
A state licensed restaurant-brewery meeting the definition of MCLA § 436.1105(15) as amended engaged in the brewing of fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks.
BUILDING
A combination of material, whether portable or fixed forming a structure having a roof supported by columns or by walls affording a facility or shelter for use or occupancy by person, animals, or property.
BUILDING CODE
The Building Code enforced by the City.
BUILDING INSPECTOR
The officer or other designated authority charged with the administration and enforcement of the applicable Building Code, or the duly authorized representative of the officer.
BUILDING, ENCLOSED
A building separated on all sides from the adjacent open space or from other buildings or other structures, by a permanent roof and behind exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Section Z10-05 "C" Definitions.

CAMPGROUND
An area rented to the public for transient occupancy or lodging a camping unit.
CARWASH
The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
CEMETERY
Land used for the burial of the dead, and dedicated for cemetery purposes, excluding columbariums, crematories, mausoleums, and mortuaries.
CERTIFICATE OF OCCUPANCY
A written document received from the Building Inspector stating that the applicable Building Code, as amended, and this Ordinance have been complied with as they apply to the construction of a building or structure and the use of a lot and that the building may now be occupied for its previously declared purpose.
CHANGE OF USE
A use of a building, structure, or parcel of land, or portion thereof which is different from the previous use in the way it is classified in this Ordinance.
CITY
The City of New Buffalo, Michigan.
CITY COUNCIL
The legislative body of the City.
COMPOSTING FACILITY
A facility where organic matter that is derived primarily from off-site is to be processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.
CONSTRUCTION
The erection, alteration, repair, renovation, demolition or removal of any building or structure; and the excavation, filling, and grading of a lot.
CONSTRUCTION-RELATED USE
Contractors' office or trailer and equipment shed(s) when accessory to a construction project, provided that no such use will contain any sleeping or cooking accommodations and is strictly limited to a period not to exceed the duration of the active construction phase of the associated project.
CUL-DE-SAC
A dead-end public or private street, generally short in distance, which terminates in a circular or semi-circular section of street allowing for vehicle turnaround.

Section Z10-06 "D" Definitions.

DENSITY
The number of dwelling units per unit of lot area.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; and mining, excavation, landfilling or land disturbance, and any extension of an existing use of land.
DISTRIBUTION FACILITY
A facility located within an enclosed building primarily oriented to the storage and shipping of packaged materials or goods for a single business or a single group of businesses.
DISTRICT, ZONING
An area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations, and other appropriate regulations as established in this Ordinance.
DONATION DROP BOX
A mobile structure which is used to receive materials such as clothing and other household or office goods donated by the public.
DRIVE-THROUGH
Any place or business operated for the sale and purchase at retail of food and other goods, or the rendering of services for which the facility is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicle.
DRIVEWAY
An improved public or private passageway providing vehicular ingress to, and vehicular egress from, a public or private road to or from a lot, parcel, or building on abutting grounds.
DWELLING UNIT
A building, or portion thereof, designed exclusively for human occupancy providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit may be used as a short-term rental unit when licensed pursuant to Chapter 11 of the City Code and when either: 1) short-term rentals are not prohibited in the zoning district where the property is located; or 2) the short-term rental unit is established as nonconforming and operating in compliance with the regulations in Section Z9-08.
DWELLING, ABOVE GROUND FLOOR RETAIL USE ONLY
One or more dwelling units located in an upper-story of a building above a ground floor that contains a retail use involving the sale of goods on-site. The use shall not include sites that include ground-floor service or other nonresidential uses only; a retail use on the ground floor shall be required.
DWELLING, DUPLEX
A building containing two attached, single-family, dwellings joined to one another by a party wall or walls, and which may be stacked vertically or horizontally.
DWELLING, MULTIFAMILY
A single building containing more than two residential dwelling units that share a common party wall and/or floors or ceilings. The building has a common external entrance and units are accessed through internal entrances.
DWELLING, SINGLE-FAMILY DETACHED
A detached building, designed for or occupied exclusively by one family.
DWELLING, TOWNHOME
A building having three or more dwelling units that are arranged side-by-side, joined to one another at one or more sides by a party wall and with each occupying an exclusive vertical space without another dwelling unit above or below. Each dwelling has a dedicated exterior entrance.

Section Z10-07 "E" Definitions.

EDUCATIONAL FACILITY
A public or private accredited kindergarten through 12th grade school, college, trade, or business school, nursery school, pre-school, or day-care center, with or without related administrative offices, excluding maintenance garage.
ELECTRIC VEHICLE CHARGING STATION
The equipment for charging electric-powered vehicles and the space on a site designated for its use.
ENLARGEMENT
An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.
EQUIPMENT RENTAL, SALES, AND SERVICE
Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, similar industrial equipment, and mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of related equipment.
ERECTED
Built, constructed, altered, reconstructed, moved upon, or any physical operation on the premises which are required for construction purposes. Excavation, fill, drainage and the like shall be considered a part of the erection process.
EXISTING USE
The use of a parcel of land or a structure at the time of the enactment of this Ordinance.
EXTRACTIVE INDUSTRY
On-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision or excavations associated with, and for the improvement of, a bona fide agricultural use.

Section Z10-08 "F" Definitions.

FAMILY CHILD CARE HOME
A state licensed facility in a dwelling unit in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Family child care home also includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
FARMERS MARKET
The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
FENCE
Any permanent partition, structure or gate erected as a dividing structure, barrier or enclosure, and not part of a structure requiring a building permit constructed to prevent uncontrolled access, for decorative purposes, or to screen from view from adjoining properties and streets the property or lot upon which the fence is erected.
FINANCIAL INSTITUTION
An establishment whose principal use or purpose is the provision of financial services, including, but not limited to, bank facilities for tellers, automated teller machines, credit unions, savings and loan institutions, and currency exchange establishments. This use shall not include establishments whose primary purpose is to accept applications, originate, underwrite, process or service residential or commercial loans secured by mortgage on real property.
FLOOD HAZARD AREA
Land which on the basis of available floodplain information is subject to a 1% or greater chance of flooding in any given area.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special hazards and the risk-premium zones applicable to the community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of waters; or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study which must be reserved in order to discharge the base flood.
FLOOR AREA
The sum of all horizontal areas of the several floors of a building or dwelling unit, measured from the exterior faces of exterior walls, or from the center line of walls separating dwelling units. Unenclosed porches, courtyards, patios and cellars shall not be considered as part of floor area, except when utilized for commercial or industrial purposes.
FLOOR AREA, GROSS (GFA)
The area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, basements, elevator shafts, equipment and utility rooms, restrooms, stairs, closets/storage rooms, thickness of walls, columns, or other features.
FOOD TRUCK
A motorized vehicle or trailer equipped to cook, prepare, and/or sell food.
FOOD TRUCK COURT
A permanently established area designed to accommodate multiple food trucks and offering food and/or beverages for sale to the public as the main use of the property and functioning as a single business.
FORESTRY
Any commercial activity relating to the growing and harvesting of forest tree species.
FOSTER FAMILY GROUP HOME
A private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in a household under the Michigan adoption code, chapter X, of the probate code of 1939 (1939 PA 288, MCLA § 710.21 to 710.70). The minor children 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, legal guardian, or legal custodian.
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 or marriage, or who are not placed in a household under the Michigan adoption code, chapter X, of the probate code of 1939 (1939 PA 288, MCLA § 710.21 to 710.70). The minor children 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, legal guardian, or legal custodian.
FRONTAGE
The total length of the front lot line (in feet) being the horizontal distance between the side lot lines, as measured at the street right-of-way line, or private street easement line.
FUNERAL HOME
An establishment used for undertaking services such as preparing human dead for burial or cremation, display of the deceased and performing human funeral services.

Section Z10-09 "G" Definitions.

GENERAL SERVICE
An establishment primarily engaged in rendering services to individuals and business establishments which services cannot be categorized into one of the other defined service use categories in this Ordinance. The services are typically provided without the retail sale of products or which such product sales are incidental to the service-driven purposes of the establishment, such as a beauty salon, day spa, medical massage establishment, or barber shop.
GOVERNMENTAL USE
A facility under the operational control of a governmental unit, specifically a township, city, village, county, state, the United States Government, or some combination of governmental units, including, but not limited to, offices, libraries, museums, town halls, post offices, courts, and civic centers; excluding vehicle and equipment maintenance, garages and correctional institutions.
GRADE, FINISHED
The average elevation of the finished surface of ground after the development, filling, or excavation of a parcel of land.
GROUP CHILD CARE HOME
A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group child care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

Section Z10-10 "H" Definitions.

HEALTH CARE FACILITY
A building containing medical services for acute patient needs or containing an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The clinic may include a pharmacy, dental and mental laboratories, and/or x-ray facilities, but shall not include inpatient or overnight care.
HEIGHT, BUILDING
The vertical distance measured from the mean elevation of the finished lot grade along the front yard of the structure to the mean elevation of the roof.
HOME OCCUPATION
An occupation customarily conducted in a dwelling unit that is clearly an incidental and secondary use of the dwelling.
HOTEL
A building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairway, and where lodging rooms do not have a doorway opening directly to the outdoors, except for emergencies, and where the lodging rooms are for rent, with or without meals, to transient guests.
HOUSEHOLD PETS
Includes dogs, cats, rabbits, and similar types of pets traditionally kept in a residential home. Wild or exotic animals shall not be considered customary household pets.

Section Z10-11 "I" Definitions.

INDUSTRIAL USE
A structure, building, or parcel of land, or portion thereof utilized or inherently designed to be utilized for the purpose of production, manufacturing, processing, cleaning, testing, rebuilding, assembly, distribution, finishing, constructing, or printing of goods or products, and related research and development facilities.
INDUSTRY, LIGHT
Industrial use at which all operations (with the exception of loading operations): are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion).

Section Z10-12 "J" Definitions.

JUNK
Any worn out or discarded materials including, but not necessarily limited to: yard debris, scrap metal, scrap paper, scrap lumber, other scrap and discarded materials, and any inoperable motor vehicles, machinery, appliances, or products. Junk includes the above materials, whether they are to landfilled, recycled, sold, or used in some other way.

Section Z10-13 "K" Definitions.

KEEPING OF ANIMALS
The permanent keeping of household pets as defined in this Ordinance as an accessory use.

Section Z10-14 "L" Definitions.

LAND USE
A description of how land is occupied or utilized.
LOADING AREAS AND PARKING AREAS AS A PRINCIPAL USE
The principal use of a property for off-street parking and loading of motor vehicles as defined in this Ordinance.
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 or unloading merchandise or materials.
LOT
A parcel of land, or contiguous parcels of land under one ownership described within fixed boundaries, of sufficient size and configuration to meet the site development requirements of this ordinance and having access to a public road or approved private road. The word "lot" shall include plot or parcel. A lot need not be a "lot of record." A lot may also mean a portion of a condominium project, as regulated by Public Act 59 of 1978, as amended, designed and intended for separate or limited ownership and/or use.
LOT AREA
The total area within the described lot lines of a parcel of land, excluding road right-of-way, or private road easement area.
LOT DEPTH
The distance from the front lot line to the rear lot line measured in between the side lines of the lot.
LOT LINE
The boundaries of a lot which divide one lot from another lot or from a public or existing private road or any other publicly owned parcel of land.
LOT LINE, EXTERIOR SIDE
A lot line which abuts a street and which is not a front lot line or a rear lot line.
LOT LINE, FRONT
A lot line which is along an existing or dedicated street. Where the lot abuts more than one dedicated street, the shortest of the lot lines that abut a dedicated street shall be the front lot line.
LOT LINE, INTERIOR SIDE
A lot line which abuts another lot and which is not a front lot line or rear lot line or exterior side lot line.
LOT LINE, REAR
That lot line which is opposite, parallel or approximately parallel to, and most distant from the front lot line. In the case of an irregular- or triangular-shaped lot, a line at least 10 feet in length, entirely within the lot, and generally parallel to and most distant from the front lot line.
LOT OF RECORD
Any parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds records as of the date of adoption of this Ordinance or any relevant amendment thereto which would affect such lot, which lot actually exists as shown or any part of a parcel held in record ownership separate from that of the remainder.
LOT WIDTH
The horizontal distance between side lot lines measured parallel to the front lot line at the required front setback line.
LOT, CORNER
A parcel of land abutting upon two or more streets at their intersection, or upon parts of the same street forming an interior angle of less than 135°.
LOT, COVERAGE
That portion of the area of lot that contains buildings and structures measured as a percent of the entire lot area.
LOT, FLAG
A lot with access provided to the bulk of the lot by means of a narrow corridor fronting on a public street.
LOT, INTERIOR
A lot other than a corner lot.

Section Z10-15 "M" Definitions.

MARINA
A use of land involved in the operation of, including structures and activities normally integral to servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment.
MASSAGE SERVICE
Any fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area, nor practices of massage therapists who meet one or more of the following criteria:
A. 
Proof of graduation from a school of massage licensed by the State of Michigan;
B. 
Official transcripts verifying completion of at least 300 hours of massage training from an American community college, college, or university; plus three references from massage therapists who are professional members of a massage association referred to in this section;
C. 
Certificate of professional membership in the American Massage Therapy Association, International Myomassethics Federation, or any other recognized massage association with equivalent professional membership standards; or
D. 
A current occupational license from another state.
MASTER PLAN
The Master Plan under current adoption by the City including any amendments or updates thereto.
MOTEL
A building containing lodging rooms having adjoining individual bathrooms and where the lodging rooms are for rent to transient guests.
MUNICIPAL OR PRIVATE PORT OR MARINA
A use of land, publicly or privately owned, involved in the operation of a marina including structures and activities normally integral to the operation of a marina.

Section Z10-16 "N" Definitions.

NONCONFORMING BUILDING
A building or portion thereof lawfully existing at the effective date of this Ordinance or amendments thereto, and which does not conform to the provisions of the Ordinance in the zoning district in which it is located.
NONCONFORMING LOTS OF RECORD
A platted lot that conformed with all City zoning requirements at the time of recording of said plat, which no longer conforms to the zoning regulations and requirements for lot area, lot width, or both; or a lot outside a recorded plat that conformed with all City zoning requirements at one time, and which has not been subdivided or reduced in size subsequent to the time it did conform to this Ordinance, which no longer conforms with the zoning requirements for lot area, lot width, or both.
NONCONFORMING USE
A use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereof, and that does not conform to the use regulations of the zoning district in which it is located.
NURSERY, RETAIL
A parcel of land utilized for the purpose of growing ornamental trees, shrubbery, house plants, flowers, or perennial ground covers from seed or seedlings for the purpose of retail or wholesale trade.
NURSERY, WHOLESALE
The growing, storage, and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales conducted from within a building not exceeding 20% of the combined wholesale and retail sales volume during any year.
NURSING AND CONVALESCENT HOME
A structure with sleeping rooms, where persons are housed or lodged on a full-time basis and are furnished with meals, nursing care, and medical care.

Section Z10-17 "O" Definitions.

OCCUPY
The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise or machinery in any institutional, commercial, agricultural, or industrial building.
OFF-STREET PARKING
Includes the off-street parking spaces, loading/unloading areas, and circulation aisles that are on the same lot(s) or parcel(s) as the development project being submitted for review.
OFFICE
Business uses, with little direct contact with customers present at the office, which is engaged in the processing, manipulation or application of business information or professional expertise. An office use is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. This use shall include, but not be limited to, professional offices for nonprofit organizations, accounting; insurance, investment services; computer services, architecture; engineering, legal services, real estate services, and doctors' and dentists' offices, but not medical clinics.
OFFICE COMPLEX/BUSINESS PARK
A development which contains a number of separate office buildings, accessory and supporting uses, and open space all designed, planned, constructed, and maintained on a coordinated basis.
OPEN SPACE
Open space which is held for the collective use and enjoyment of the owners, tenants, or occupants of a single development.
ORDINANCE
The City of New Buffalo Zoning Ordinance as adopted and amended.
OUTDOOR ACTIVITY/OPERATION/STORAGE
The subordinate use of a lot for sustained and continuous outdoor use customarily incidental to the primary use of the lot.
OUTDOOR DINING
Use of an adjacent, outside area by a food or beverage establishment with a liquor license for on-premises consumption, for the same eating and drinking activities that occur within the establishment's building including, without limitation, the service and consumption of alcoholic beverages.
OUTDOOR DISPLAY/SALE OF MERCHANDISE
The display and/or sale of merchandise or equipment outside of an enclosed building by the occupant of the primary building of the lot either as a principal or accessory use.
OWNER
The owner of the freehold of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessor, or any other person, sole proprietorship, partnership, association, or corporation directly or indirectly in control of a building, structure, or real property, or the owner's duly authorized agent.

Section Z10-18 "P" Definitions.

PARCEL
A lot described by metes and bounds or described in a recorded plat.
PAWNBROKER
Any person, proprietor, owner, or operator of a legal entity who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. An internet drop-off store meeting the requirements detailed in MCLA § 446.201 shall not count as a pawnbroker.
PERMIT
An official document or certificate issued by an authorized official, empowering the holder thereof to perform a specified activity which is not prohibited by law, but not allowed without such authorization.
PLACE OF ASSEMBLY, COMMERCIAL
A building wherein individuals or groups of people gather for an attraction or service used for commercial purposes, such as, but not limited to, recreation establishment, theaters, ice rinks, dance halls, and moving picture theaters.
PLACE OF ASSEMBLY, NON-COMMERCIAL
A building wherein individuals or groups of people gather for an attraction or service not used for commercial purposes such as but not limited to, community centers, fraternal or civic organizations, lodges, libraries, museums, municipal buildings, auditoriums, or religious institutions.
PLANNED UNIT DEVELOPMENT (PUD)
The use of a parcel of land which is planned and developed as a single entity containing the various uses, structures, open spaces, and other elements and which is designated and developed under one owner or organized group, in accordance with the requirements of this Ordinance.
PLAT
A recorded subdivision of land as provided in Act 288 of 1967, as amended, the Land Division Act.
PORTABLE TEMPORARY STORAGE CONTAINER
Any item designed and used as follows: a container which is delivered to a property, which is filled with household items or other non-trash materials, and which is intended to be reused for other items or materials.
PRINCIPAL USE
The primary or predominant purpose to which a parcel of land is devoted as distinguished from an accessory use.
PROPERTY LINE
See "lot line."
PUBLIC SAFETY FACILITIES
A government facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.

Section Z10-19 "R" Definitions.

RAILROAD USE
The occupation and use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals, but excluding freight terminals and yards, and similar facilities, which are maintained and operated by the owning railroad or by a lessee for the purposes auxiliary to rail transportation, or by a lessee for the purposes auxiliary to rail transportation; provided, however, that the operation of such facilities as a hobby or as part of an amusement business shall not be considered a railroad use.
RECREATION AREA
An outdoor recreation site serving a single or several neighborhood(s) and containing open space and natural resources intended for active and passive recreation. Recreational facilities located in such areas may include, but not necessarily limited to, areas for participating in baseball, softball, tennis, basketball, playground or playfield (which may be associated with a middle or high school), picnicking, swimming, bicycle paths, hiking trails, and bird watching areas, etc.
RECREATIONAL VEHICLE OR EQUIPMENT
A vehicle or equipment intended for temporary or periodic use for recreational or leisure pursuits. Such vehicles include boats, airplanes, special purpose automobiles, floats, rafts, trailers, snowmobiles, camping or travel trailers, motorized homes, detachable travel equipment of the type adaptable to light trucks, and other equipment or vehicles of a similar nature.
RECYCLING FACILITY
An establishment for the processing (separation and/or recovery) or collection of recyclable materials from solid wastes. Recycling of oil or other liquids may also occur.
REPAIR
The reconstruction or renewal of any part of an existing building for the purpose of maintenance.
RESTAURANT, DELIVERY/CARRY OUT ONLY
An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises.
RESTAURANT, SIT-DOWN
An establishment whose food is available to the general public primarily for consumption within a structure on the premises, where at least 50% of the gross floor area of the establishment is devoted to patron seating.
RESTORATION
The reconstruction or replication of an existing building's original architectural features.
RIGHT-OF-WAY
A public or private strip of land acquired or utilized by reservation, dedication, easement, prescription, purchase or condemnation and permanently established for the passage of persons, vehicles, railroads, water, utility lines, and similar uses.

Section Z10-20 "S" Definitions.

SALVAGE YARD
Any land or building used for the storage, sorting, dismantling, baling, salvaging, recycling, and/or sale of junk. Junkyards shall not include residential or municipal garden or leaf composting, a municipal dump or landfill, or drop-off stations for residential recyclables.
SCREENING
A structure such as a fence, wall, landscape buffer, or combination of same, providing enclosure and a visual barrier between the area enclosed and the adjacent property.
SEASONAL SALES
Christmas tree, pumpkins and similar, temporary (typically recurring on an annual basis) sales for a period not to exceed 30 days.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings that are used for the storage of personal property, where individual owners or tenants control individual storage spaces.
SENIOR LIVING FACILITY
Licensed personal care facilities, other than hotels, adult foster care homes, hospitals, nursing homes, or county medical care facilities, that provide supervised personal care to 21 or more individuals who are age 60 or older. Facilities that are operated in conjunction with and as a distinct part of a licensed nursing home may serve 20 or fewer adults.
SETBACK
The minimum horizontal distance between a lot line and structures or other uses on a lot as measured perpendicularly from the lot line.
SETBACK LINE
A line parallel to the lot line at a distance therefrom equal to the depth of the minimum required yard for the district in which the lot or parcel is located.
SETBACK, REQUIRED
The required minimum horizontal distance between a front, rear, or side lot line and a setback line; provided, however, said horizontal distance shall be measured from the street right-of-way line whenever a yard abuts a public or private street. On lots with multiple street frontage, such as corner lots, all sides of said lots abutting a street shall be considered front yards for setback purposes.
SHORT-TERM RENTAL
A dwelling unit in which short-term rental activity is permitted to occur subject to the terms and conditions of this ordinance and Chapter 11 of the City Code.
SHORT-TERM RENTAL ACTIVITY
The rental of a dwelling unit for compensation for a term of less than one month. However, short-term rental activity does not include the following: transitional housing operated by a nonprofit entity, group homes such as nursing homes and adult foster care homes, hospitals, housing provided by a substance abuse rehabilitation clinic, mental health facility, other health-care-related clinic, or dwelling units owned by a business entity and made available on a temporary basis to employees of that business entity or employees of a contractor working for that business entity.
SIGN
Any object, device, display or structure or part thereof which is used to advertise, identify, display, direct or attract the attention to an object, person, institution, organization, business, project, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion illumination or projected images. The term sign includes, but is not limited to, every projecting sign, wall sign, roof sign, billboard, posterboard, freestanding sign, ground sign, window sign, vehicle sign, awning sign, canopy sign, marquee sign, changeable copy sign, illuminated sign, flashing sign, animated sign, temporary sign, portable sign or any other attention getting device or other display whether affixed to a building or separate from any building.
A. 
FRAME/SANDWICH BOARD SIGN
— An advertising or business ground sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member.
B. 
ATTENTION GETTING DEVICE
Any pennant, flag, valance, banner, propeller, spinner, streamer, searchlight, balloon and similar device or ornamentation designed for purposes of promotion or advertising or attracting attention.
C. 
AWNING/CANOPY SIGN
Shall include any fixed sign, as well as retractable or removable marquee, canopy and awning, respectively, projected over, suspended above or erected upon any public thoroughfare.
D. 
BILLBOARDS
A single- or double-faced freestanding sign permanently erected on the premises, including changeable copy signs, used for the display of commercial information not associated with the conduct of a business or enterprise located on the same premises of such sign.
E. 
ELECTRONIC MESSAGE BOARDS
A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. A time and/or temperature sign shall not be considered an electronic graphics sign.
F. 
FEATHER SIGNS
A portable sign that is printed on knitted polyester and used for outdoor marketing and advertising purposes.
G. 
FREESTANDING SIGN
A sign completely or principally self-supported by a post(s) or other support(s) independent of any building or other structure and anchored in or upon the ground.
H. 
INTERNALLY ILLUMINATED SIGN
A sign, all or any part of the letter or design of which is made of incandescent, neon or other types of lamps; a sign with painted, flush or raised letter lighted by an electric lamp or lamps attached thereto; a sign having a border of incandescent or fluorescent lamps thereto attached and reflecting light thereon; or a translucent sign, whether lighted by electricity or other illuminant.
I. 
MARQUEE SIGNS
A sign designed to have changeable copy, either manually or electronically. Marquee signs may be a principal identification sign, a freestanding sign, or a wall sign.
J. 
MONUMENT SIGNS
A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.
K. 
OFF-PREMISES SIGN
A sign which directs attention to or advertises a use, business, commodity, service or activity not conducted, sold or offered upon the premises where the sign is located. This term also includes those signs commonly known as advertising signs, billboards and poster panels.
L. 
ON-SITE TRAFFIC DIRECTIONAL SIGNS
Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit, and one-way.
M. 
PENNANTS/STREAMERS/PORTABLE SIGNS
A sign, with or without a logo, made of flexible materials suspended from one or two corners, used in combination with other such signs to create the impression of a line.
N. 
POLE/PYLON SIGNS
A freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure.
O. 
POST SIGNS
A sign that consists of one or two posts on either side and is used for municipal or commercial purposes.
P. 
PROJECTING SIGN
A sign which projects more than 12 inches from the face of any building or wall which supports said sign. Any sign suspended under a marquee and in a place approximately perpendicular to the wall of the building supporting the marquee shall not be deemed to be a projecting sign.
Q. 
ROOF SIGN
A sign erected, constructed or maintained in whole or in part upon or over the roof of a building or structure. Roof signs shall not include those signs maintained upon the lower slope of a mansard roof which do not extend above the uppermost point of the lower slope. Such signs shall be classified as wall signs.
R. 
SANDWICH BOARD SIGN
A temporary or movable sign not secured or attached to the ground or surface upon which it is located and constructed in such a manner as to form an "A" or a tentlike shape with each angular face held at an appropriate distance by a supporting member and which may or may not be hinged at the top.
S. 
TEMPORARY SIGN
Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboards, wallboard or other materials, with or without frames, for use for a limited period of time.
T. 
WALL SIGN
A sign mounted or attached to and supported by the wall of any part of a building or structure, except the roof, in a plane parallel to that of the supporting wall, consisting of individual or grouped letters and/or symbols.
U. 
WALL SIGN, PRIMARY
A wall sign as defined in this Zoning Ordinance that has more visual prominence on a given property through larger allowed size and location.
V. 
WALL SIGN, SECONDARY
A wall sign as defined in this Zoning Ordinance that has less visual prominence on a given property through limitations on location and size.
W. 
WINDOW SIGN
Any sign painted on, affixed to or placed against any window or which is placed in a display case for view from the outdoors through a window when such sign is visible from any public right-of-way.
X. 
YARD SIGNS
A small advertising sign that is placed on a street-facing lawn.
SITE PLAN
A scaled drawing(s) illustrating existing and proposed conditions and containing the elements required herein as applicable to the proposed development to ensure compliance with this Ordinance.
SOLAR ENERGY COLLECTION SYSTEM
All equipment required to harvest solar energy to generate electricity, including storage devices, power conditioning equipment, transfer equipment, and parts related to the functioning of those items.
SOLAR ENERGY COLLECTION SYSTEM, CANOPY
A solar energy collection system consisting of elevated solar panels installed above parking lots, carports and other paved areas.
SOLAR ENERGY COLLECTION SYSTEM, GROUND-MOUNTED
A solar energy collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems and located on a site.
SOLAR ENERGY COLLECTION SYSTEM, ROOF-MOUNTED
A solar energy collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with the system which may be ground-mounted. It is installed parallel to the roof with a few inches gap.
SOLID WASTE FACILITY/SOLID WASTE TRANSFER STATION
All contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste. The phrase includes a publicly or privately owned facility consisting of one or several processing, storage, or disposal operational units such as landfills, surface impoundments, or a combination of units.
SPECIFIED ANATOMICAL AREAS
For the purposes of this Ordinance shall be defined as:
A. 
Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola;
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
For the purposes of this Ordinance shall be defined as follows:
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse, or sodomy;
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
STORAGE YARD
Any site, or portion thereof, that is used for the storage of any products or materials, vehicles, equipment, junk, or scrap outside the confines of an enclosed building.
STORY
That part of a building included between the surface of any floor, excluding basements, and the surface of the next floor, or if there is no floor above, then the ceiling next above.
STREET, PRIVATE
A privately owned and maintained thoroughfare including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare. A private street shall include any drive or roadway which is not a dedicated public right-of-way, and which provides or has the potential for providing access to two or more existing parcels and/or main buildings.
STREET, PUBLIC
A public thoroughfare including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare; except an alley.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or in the dimensions or configurations, or of the roof and exterior walls or means of egress.
STRUCTURE
A combination of materials whether fixed or portable, anything constructed, erected, or artificially built-up which requires a location on or below the surface of land or water, including a part or parts thereof and all equipment within the structure.

Section Z10-21 "T" Definitions.

TOWER, TELECOMMUNICATION
Towers erected for the purpose of providing commercial wireless telecommunication services or other radio wave communications.

Section Z10-22 "U" Definitions.

USE
The purpose or activity for which land or structures are designed, arranged, or intended, or for which land or structures are occupied or maintained.

Section Z10-23 "V" Definitions.

VARIANCE
Permission given by the Board of Appeals to a property owner to depart from the literal requirements of this ordinance which may occur when compliance with this Ordinance would create a practical difficulty or unnecessary hardship on the property owner.
VARIANCE, USE
Permission granted by the Board of Appeals to a property owner to place a use on the property or within a building on the property which is not otherwise permitted in the zoning district in which the property is located.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, or road, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
VEHICLE FUEL SALES
Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquified flammable gas, or flammable gas into the fuel tanks of motor vehicles.

Section Z10-24 "W" Definitions.

WALL
The vertical exterior surface of a building and the vertical interior surfaces which divide a building's space into rooms.
WAREHOUSE
A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment.
WATERBORNE TRANSPORTATION USES
Portable activities which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for movement, including ports or marinas.
WATERCOURSE
An open trench either naturally or artificially created which periodically or continuously contains moving water draining an area of at least two acres which has definite banks, a bed and visible evidence of a continued flow or occurrence of water.
WATERCRAFT
A boat, houseboat, canoe, raft, surfboard, or other apparatus designed for use on water, including trailers therefore, and motors or engines designed to propel such craft or apparatus.
WATERCRAFT FUELING STATION
The use of land involved in the temporary docking, fueling, and refueling of watercraft and boats.
WHOLESALE ESTABLISHMENT
An establishment primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise to such persons.

Section Z10-25 "Y" Definitions.

YARD
An open space on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD SETBACK
The horizontal distance between a front, rear, interior side, or exterior side lot line and a setback line.
YARD, EXTERIOR SIDE
A yard extending along the side lot line adjoining a public street and located between the front and rear yards.
YARD, FRONT
A yard extending from the front lot line to the front setback line. On corner lots and through lots, both street lot lines are considered front lot lines without regard to location of the main entrance of the principal building.
YARD, INTERIOR SIDE
A yard extending along the side lot line not adjoining a public street and located between the front and rear yards.
YARD, REAR
A yard extending from the rear setback line to the rear lot line.
YARD, SIDE
A yard extending along the side lot line to the side setback line and located between the front and rear yards.

Section Z10-26 "Z" Definitions.

ZONING
The dividing of the City into districts of a number and shape considered best suited to carry out the purposes of the Michigan Zoning Enabling Act and the creation of uniform regulations throughout each individual district. Such districts are referred to as zoning districts in this Ordinance.
ZONING ADMINISTRATOR
The individual designated by the City to administer and enforce this Ordinance.
ZONING PERMIT
A permit to be issued by the Zoning Administrator the purpose of which is to indicate that the activity or development being requested of the City is in compliance with all the regulations contained in this Ordinance in the situations specified in Section Z8-03C.