DEFINITIONS
For the purpose of this Ordinance, certain words and terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "building" includes the word "structure". The term "person" shall mean an individual, partnership, corporation, or other association or their agents. Terms not herein defined shall have the meanings found in an accredited dictionary, if located neither, the customarily accepted meaning will be used.
A.
Abutting: A lot or parcel, which shares a common border with the subject lot or parcel.
B.
Accessory Buildings: A building or portion of a building, the use of which is customarily incidental to that of the main building located on the same lot. Where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building.
C.
Accessory Use: Accessory uses shall be deemed to be such uses as are customarily incidental and devoted exclusively to the main use of the building on the same lot.
D.
Adult Day Care Facility: An unlicensed facility which provides care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four (24) hour day.
E.
Adult Foster Care Family Home: A governmental or non-governmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, develop mentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.
F.
Adult Foster Care Group Home: A private home with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.
G.
Adult uses: Those uses that primarily deal in or with explicitly sexual material or activity, such as adult bookstore, adult cabaret, live entertainment theater, or massage parlors.
H.
Alley: A public way designated as an alley on a recorded plat or other recorded instrument, or if not so designated, then a public way which does not exceed twenty (20) feet in width.
I.
Area of Special Flood Hazard: The land in the floodplain subject to a one-percent (1%) or greater chance of flooding in any given year.
J.
Attic: A room or a space immediately below the roof of a building.
K.
Automobile Repair: Any major commercial activity involving the general repair, rebuilding, or reconditioning of motor vehicles, engines, or trailers; collision service, such as body frame, or fender straightening and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.
L.
Automobile Service Station: A building designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water, and other operating commodities for motor vehicles (including trucks), aircraft, and boats.
M.
Automobile Wash Establishments: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
N.
Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
O.
Basement: A portion of a building having more than one-half (1/2) of its height below grade.
P.
Bed and Breakfast operation: A use within a single-family dwelling in which transient guests are provided a sleeping room, breakfast and access to bathing and lavatory facilities in return for payment.
Q.
Berm: A mound of earth graded, shaped and improved with landscaping in such fashion as to be used for visual and/or audible screening purposes.
R.
Board of Appeals: The Zoning Board of Appeals for the City of Newaygo.
S.
Boarding House: A dwelling other than a hotel, where lodging and/or meals are provided for compensation to five (5) or more persons.
T.
Building: An independent structure, either temporary or permanent, having a roof supported by columns, walls, or any other support used for the enclosure of persons, animals, or chattels, or carrying on business activities or other uses.
U.
Building Heights: The vertical distance measured from the established grade at the front of the building to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. When the terrain is sloping, the ground level is measured at the wall line.
V.
Building (Principal): The building in which the principal use of the lot is being conducted.
W.
Building Setback: The minimum horizontal distance between the front of the building, excluding steps and enclosed porches, and in the street right-of-way line or front lot line.
A.
Cargo/Shipping Container (hereinafter referred to as Cargo Container): Any metal or primarily metal container designed or constructed to ship, store, or handle bulk goods or items, or which appears substantially similar to such containers in appearance. Such containers include reusable steel boxes, freight containers, and bulk shipping containers; originally, a standardized reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles of goods, or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.
(1)
Cargo Containers defined above do not include truck and semi-truck tractor trailers, cardboard or wood boxes, metal tanks, or similar items.
(2)
Cargo Containers defined above do not include "portable moving containers" such as PODS (Placed on Demand Storage) units, which are a container rented from a moving company, designed and constructed to ship, store, and move household items, which can be loaded onto a truck for transport.
(3)
Cargo Containers defined above do not include office and storage trailers of building contractors used in association with the construction of a legally permitted use.
B.
Child Caring Center: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. The term includes a facility, which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The term includes any facility referred to as child care center, day care center, day nursery, nursery school, drop-in center and parent cooperative preschool. A child care center does not include a Sunday school, vacation bible school, or religious organization where children are in attendance for not greater than three (3) hours per day for an indefinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve (12) month period.
C.
Clinic: A facility with its operations being the diagnosis and treatment of outpatients, but not including overnight stays.
D.
Commission: The Planning Commission for the City of Newaygo.
E.
Convalescent or Nursing Home: A convalescent home or nursing home is a home for the care of children, or the aged, or the infirm, or a place of rest for those suffering bodily disorders, wherein seven (7) or more persons are cared for. Said home shall conform to, and qualify for a license under applicable State Law.
F.
Cul-de-sac: A dead-end public or private street, generally short in distance, which terminates in a circular or semicircular section of street which allows for vehicle turnaround.
G.
Demolish: The act of tearing down any principal building on a piece of property or any building having dimensions that exceed twenty feet by twenty feet (20' X 20') that contains plumbing or electrical work.
H.
Development: To make a piece of property or land more available or useable.
I.
Drive-in Business: A commercial business establishment whose principal retail and/or service character is dependent primarily on providing a driveway approach and parking spaces for motor vehicles in order to serve patrons while in or momentarily stepped away from the vehicle. This may include, but is not limited to, banks, cleaners, restaurants, laundry pick-up, etc.
J.
Drive-in Restaurant: A drive-in establishment that furnishes the patron with food in a ready-to-consume state, primarily in plastic, paper, or other disposable containers, and where the consumption of food is allowed either in (1) the main building, (2) a motor vehicle parked on the premises, (3) another facility on the premises outside the main building, or (4) off the premises.
K.
Dwelling, Dwelling Unit: A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one (1) family, but in no case shall a hotel, motel, or recreational vehicle be considered a dwelling. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this Ordinance and shall comply with the provisions thereof relative to dwellings.
L.
Dwelling, Multiple: A building or portion thereof, used or designed for use as a residence for three (3) or more families living independently of each other and each doing their own cooking in said building. This definition includes three-family buildings, four-family buildings, apartments, and townhouses.
M.
Dwelling, Single Family: A detached building designed to be occupied by one (1) family.
N.
Dwelling, Two Family: A detached building designed for use by two (2) families living independently of each other and each doing their own cooking in each unit. It may also be termed a duplex.
O.
Earth Sheltered Dwelling: A dwelling partially or entirely covered by earth, provided at least one (1) entire side is completely exposed.
P.
Easement: To grant an easement is to grant an interest of one (1) or more of a property's rights to or for use by another individual or entity.
Q.
Erection: The act or process of constructing a structure.
R.
Essential Public Services: The erection, construction, alteration, or maintenance of public utilities or municipal department or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication supply, or disposal systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories reasonably necessary to provide adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare; but not including buildings other than those that are primarily enclosures or shelters for the above essential service equipment and not including wireless communication towers.
S.
Excavate: To dig or to extract soil from the ground.
T.
Family: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. A group of individuals occupying a boarding house, lodging house or a hotel shall not be considered a family. An individual or two (2) or more persons related by blood, marriage, or adoption, living together as a housekeeping unit.
U.
Family Child Day Care Home: A private home in which one (1) but not more than six (6) minor children (or not more than seven (7) minor children if provider meets certain State criteria and receives State approval) are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
V.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.
W.
Flood Hazard Boundary Map (FHBM): An official map, issued by the Federal Emergency Management Administration (FEMA), where the boundaries of the areas of special flood hazards have been designated as Zone A.
X.
Floodplain: Any land area susceptible to being inundated by water from any source.
Y.
Floor Area, Gross: The sum of the gross horizontal area of the several floors of the building measured from the interior faces of the exterior walls or from the centerline of walls separating two buildings. The gross floor area of a building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, or finished lot grade, whichever is higher (See definition of Basement). Gross floor area shall not include attic space having headroom of seven and one-half (7 ½) feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking and loading shall not be included in floor area. Areas of basements (except as provided above), breezeways, porches, or attached garages are not included.
Z.
Floor Area, Usable: That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers; or area used in a dwelling unit for living purposes. Floor area which is used to be used principally for the storage or processing of merchandise, for hallways, or for utilities shall be excluded from the computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.
AA.
Foster Day Care Facility: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (24) hours a day and for not less than (2) consecutive weeks and where the parents or guardians are not immediately available to the child.
BB.
Foster Family Group Home: A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, are provided care for twenty-four (24) hours a day, for four (4) or more days a week for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
CC.
Foster Family Home: A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage or who are not placed in the household pursuant to the adoption code, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
(Ord. No. 2024-04, § 1, 11-11-2024)
A.
Garage, Private: Accessory building or portion of a main building used primarily for the storage of 1 or more passenger vehicles.
B.
Garage, Public: Any building used for the commercial storage of vehicles, equipment, or other items or where vehicles are equipped, repaired, stored, or kept for enumeration, hire, or sale.
C.
Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
D.
Greenbelt: A strip of land of definite width and location reserved for the planting of shrubs, trees, or grasses to serve as an obscuring screen or buffer strip in carrying out the requirements of this Ordinance.
E.
Group Child Day Care Home: A private home in which seven (7) but not more than twelve (12) minor children (or not more than fourteen (14) minor children if provider meets certain State criteria and receives State approval) are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or guardian, expecting children related to an adult member of the family or blood, marriage or adoption. Group day care homes include a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
F.
Half-Story: That part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half (1/2) the floor area of said full story, provided the area contains at least two hundred (200) square feet and which contains a clear height of at least seven and one-half (7 ½) feet, at its highest point.
G.
Hotel: A building occupied or used as a predominately temporary abiding place by individuals or groups of individuals, with or without meals, and in which building there are more than five (5) separate sleeping rooms and in which rooms there is no provision for cooking.
H.
Junk: For the purpose of this Ordinance, this term shall mean any immobile or unlicensed motor vehicles, auto parts, inoperable machinery, appliances, products, or merchandise with parts missing; or scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use for the purpose of which they were manufactured.
I.
Lodging Houses: Primarily a dwelling where lodging, with or without meals, is furnished on a weekly or monthly basis to five (5) or more persons who are not members of the family occupying and operating the premises, but not necessarily to anyone who may apply.
J.
Lot: A parcel of land occupied or intended to be occupied by one (1) main building and the accessory buildings and uses customarily incidental to such main building, and including such open spaces, and loading spaces as are required by this Ordinance. The word "lot" shall include plot or parcel. A lot need not be a lot of record. Lot shall also include a building site in a site condominium development.
K.
Lot Characteristics:
(1)
Lot Area: Total horizontal area within the lot lines of a lot.
(2)
Lot Coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, but not including parking, loading, or drives.
(3)
Lot Depth: The mean horizontal distance from the front street line to the rear lot line. In the case of an acreage lot, from the front right-of-way line to the rear property line.
(4)
Lot Width: The horizontal distance between the side lot lines, measured at the two (2) points where the building setback line intersects the side lot lines.
L.
Lot Lines:
(1)
Front Lot Lines: In the case of an interior lot, the front lot line shall mean the line separating such lot from the abutting street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street.
(2)
Rear Lot Lines: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular-shaped lot, a line at least ten (10) feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of the rear yard. In cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot lines.
(3)
Side Lot Line: Any lot line, which is neither a front lot line nor a rear lot line.
M.
Lot Types:
(1)
Corner Lot: A lot located at the intersection of two (2) or more streets and at an angle of intersection of not more than one hundred thirty-five (135) degrees.
(2)
Double Frontage Lot: A lot extending through a block from one street to another.
(3)
Interior Lot: A lot other than a corner or double frontage lot with only one (1) lot line abutting a street.
N.
Lot of Record: A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds.
O.
Manufactured Home: A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a year-round dwelling unit with or without a permanent foundation, connected to required public utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure, excluding, however, a vehicle designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle moved on or drawn by another vehicle. Also referred to as a "mobile home" or "modular home" in this ordinance.
Q.
Manufactured Home Park: Any parcel or tract of land under the control of a person or entity upon which three or more manufactured homes are located on a continual non-recreational basis, and which is offered to the public for that purpose, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a manufactured home. Also referred to as a "mobile home park" in this ordinance.
R.
Medical Marihuana Caregiver: A primary caregiver or caregiver as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
S.
Medical Marihuana Caregiver Operation: The acquisition, possession, cultivation, manufacture, extraction, possession, delivery, transfer, or transportation of marihuana or marihuana-infused products by a medical marihuana caregiver for the purpose of assisting a medical marihuana qualifying patient's medical use of marihuana under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
T.
Medical Marihuana Facility: Marihuana facility as defined in the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended.
U.
Medical Marihuana Grower Facility or Grower: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that cultivates, dries, trims, or cures and packages marihuana for sale to a medical marihuana processor, medical marihuana provisioning center, or another medical marihuana grower.
V.
Medical Marihuana Processor Facility or Processor: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that purchases marihuana from a medical marihuana grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a medical marihuana provisioning center or another medical marihuana processor.
W.
Medical Marihuana Provisioning Center: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that purchases marihuana from a medical marihuana grower or medical marihuana processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. A medical marihuana provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A medical marihuana caregiver operation is not a provisioning center.
X.
Medical Marihuana Qualifying Patient: A qualifying patient or patient as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
Y.
Medical Marihuana Safety Compliance Facility or Safety Compliance Facility: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that takes marihuana from a medical marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the medical marihuana facility.
Z.
Motel: (See Hotel)
AA.
Non-conforming 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.
BB.
Non-conforming Use: A use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereto, and that does not conform to the provisions of the Ordinance in the Zoning District in which it is located.
CC.
Off-Street Parking Area: An open or enclosed area directly accessible from a drive or aisle for parking of automobiles of owners, occupants, employees, customers or tenants of the main use.
DD.
Open Space: An open, undeveloped portion of a lot or parcel permanently reserved from development through a legal instrument and intended to preserve natural features or open land.
EE.
Recreational Marihuana Establishment: A marihuana establishment as defined in the Michigan Regulation and Taxation of Marihuana Act, IL 1 of 2018 (MCL 333.27951 et seq.), as amended.
(Ord. No. 2021-03, art. 1, 6-14-2021Ord. No. 2024-04, § 1, 11-11-2024)
A.
Parking Area: An open area other than a public right-of-way, used for parking motor vehicles for a fee or as an accommodation to clients, customers, residents, or employees.
B.
Parking Space: An off-street space of at least one hundred sixty-two (162) square feet of necessary driveways, aisles, or maneuvering areas suitable to accommodate one (1) vehicle and having direct, unobstructed access to a street or alley.
C.
Performance Guarantee: A financial security required by the City from a land developer/owner to ensure that required improvements and/or requirements are actually constructed. Examples of such performance guarantees include cash, surety bond, and irrevocable bank letter of credit.
D.
Pond: An artificially confined body of water, usually smaller than a lake.
E.
Principal Building: The building in which the principal use takes place.
F.
Principal use: The main or dominant activity for a piece of property or a building.
G.
Public Nuisance: Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, or highway; or in any way renders the public insecure in life or property, is hereby declared to be a public nuisance. Public Nuisances shall include, but not be limited to, whatever is forbidden by any provisions in either this Zoning Ordinance or the Code of Ordinances. No person shall commit, create, or maintain any nuisance.
H.
Residential floor area: The total area of all the floors of the residence, measured from the inside of the exterior walls. The areas used for storage, mechanical equipment, stairwells, etc. are included in the total. The floor area of a garage is not included.
I.
Restoring (non-conforming): Only and exclusively for the safety of the structure and strengthening therein. No cosmetic work or improvements shall be made to the structure, only the adding of a type of support or brace.
J.
Seating Capacity: The number of seating units installed or indicated on plans for places of assembly. Where not indicated on plans, it shall be assumed that a seating unit will occupy six (6) square feet of floor area exclusive of all aisles. Where benches, pews, or similar seating is provided, each twenty-four (24) inches of such seating shall be counted as one (1) seat.
K.
Setback: The minimum distances that a building or structure must be from any lot line to meet the requirements of this ordinance.
L.
Solid Waste: Rubbish, cardboard, paper, yard clippings, used building materials, glass, or any such item that would be considered garbage. Does not include human or industrial waste or such related by-products.
M.
State Licensed Residential Facility: Structure constructed for residential purposes and licensed by the State pursuant to the Adult Foster Care Licensing Act (PA 218 of 1979) or the Child Care Organizations Act (PA 116 or 1973) that provides resident services or care for six (6) or fewer persons under 24 hour supervision for persons in need of that supervision or care.
N.
Stop Work Order: An administrative order that directs a property or business owner not to continue or allow the continuation of an activity which is in violation of this or any Ordinances applicable within the City of Newaygo.
O.
Story: That portion of a building, other than a basement or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
P.
Street: A public or private thoroughfare, which affords the principal means of access to abutting property.
Q.
Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having more or less permanent location on the ground.
R.
Structural Alterations: Any changes in the bearing walls, supporting beams or girders or any other supporting members of a building, also any changes in the configuration of the roof or main exterior walls.
S.
Townhouse: A dwelling unit in a structure containing at least three (3) such units, each unit having its own main entrance on the first floor and sharing a common wall but not having a common floor/ceiling.
T.
Variance: The granting of specific authorization by the Zoning Board of Appeals to "vary" from the requirements of the Ordinance in what would otherwise be a violation, when certain findings have been made.
U.
Yard: A required yard is an open area of prescribed width or depth on the same land with a building or group of buildings, which open area 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:
(1)
Front Yard: An open unoccupied area extending the full width of the lot from the front of the main building to the front lot line measured at its nearest point.
(2)
Side Yard: An open unoccupied area on the same lot with the main building and lying between the foundation line of such building or any garage or other accessory building on said lot and the side lot line, and extending from the front yard to the rear yard.
(3)
Rear Yard: An open unoccupied area, except for accessory buildings as hereinafter permitted, extending for the full width of the lot, between the foundation line of the main building and the rear lot line, or to the center of an alley if an alley exists.
V.
Zoning Administrator: The person appointed by the City Council to administer and enforce the provisions of this Ordinance.
(Ord. No. 2024-04, § 1, 11-11-2024)
DEFINITIONS
For the purpose of this Ordinance, certain words and terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "building" includes the word "structure". The term "person" shall mean an individual, partnership, corporation, or other association or their agents. Terms not herein defined shall have the meanings found in an accredited dictionary, if located neither, the customarily accepted meaning will be used.
A.
Abutting: A lot or parcel, which shares a common border with the subject lot or parcel.
B.
Accessory Buildings: A building or portion of a building, the use of which is customarily incidental to that of the main building located on the same lot. Where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building.
C.
Accessory Use: Accessory uses shall be deemed to be such uses as are customarily incidental and devoted exclusively to the main use of the building on the same lot.
D.
Adult Day Care Facility: An unlicensed facility which provides care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four (24) hour day.
E.
Adult Foster Care Family Home: A governmental or non-governmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, develop mentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.
F.
Adult Foster Care Group Home: A private home with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.
G.
Adult uses: Those uses that primarily deal in or with explicitly sexual material or activity, such as adult bookstore, adult cabaret, live entertainment theater, or massage parlors.
H.
Alley: A public way designated as an alley on a recorded plat or other recorded instrument, or if not so designated, then a public way which does not exceed twenty (20) feet in width.
I.
Area of Special Flood Hazard: The land in the floodplain subject to a one-percent (1%) or greater chance of flooding in any given year.
J.
Attic: A room or a space immediately below the roof of a building.
K.
Automobile Repair: Any major commercial activity involving the general repair, rebuilding, or reconditioning of motor vehicles, engines, or trailers; collision service, such as body frame, or fender straightening and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.
L.
Automobile Service Station: A building designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water, and other operating commodities for motor vehicles (including trucks), aircraft, and boats.
M.
Automobile Wash Establishments: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
N.
Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
O.
Basement: A portion of a building having more than one-half (1/2) of its height below grade.
P.
Bed and Breakfast operation: A use within a single-family dwelling in which transient guests are provided a sleeping room, breakfast and access to bathing and lavatory facilities in return for payment.
Q.
Berm: A mound of earth graded, shaped and improved with landscaping in such fashion as to be used for visual and/or audible screening purposes.
R.
Board of Appeals: The Zoning Board of Appeals for the City of Newaygo.
S.
Boarding House: A dwelling other than a hotel, where lodging and/or meals are provided for compensation to five (5) or more persons.
T.
Building: An independent structure, either temporary or permanent, having a roof supported by columns, walls, or any other support used for the enclosure of persons, animals, or chattels, or carrying on business activities or other uses.
U.
Building Heights: The vertical distance measured from the established grade at the front of the building to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. When the terrain is sloping, the ground level is measured at the wall line.
V.
Building (Principal): The building in which the principal use of the lot is being conducted.
W.
Building Setback: The minimum horizontal distance between the front of the building, excluding steps and enclosed porches, and in the street right-of-way line or front lot line.
A.
Cargo/Shipping Container (hereinafter referred to as Cargo Container): Any metal or primarily metal container designed or constructed to ship, store, or handle bulk goods or items, or which appears substantially similar to such containers in appearance. Such containers include reusable steel boxes, freight containers, and bulk shipping containers; originally, a standardized reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles of goods, or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.
(1)
Cargo Containers defined above do not include truck and semi-truck tractor trailers, cardboard or wood boxes, metal tanks, or similar items.
(2)
Cargo Containers defined above do not include "portable moving containers" such as PODS (Placed on Demand Storage) units, which are a container rented from a moving company, designed and constructed to ship, store, and move household items, which can be loaded onto a truck for transport.
(3)
Cargo Containers defined above do not include office and storage trailers of building contractors used in association with the construction of a legally permitted use.
B.
Child Caring Center: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. The term includes a facility, which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The term includes any facility referred to as child care center, day care center, day nursery, nursery school, drop-in center and parent cooperative preschool. A child care center does not include a Sunday school, vacation bible school, or religious organization where children are in attendance for not greater than three (3) hours per day for an indefinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve (12) month period.
C.
Clinic: A facility with its operations being the diagnosis and treatment of outpatients, but not including overnight stays.
D.
Commission: The Planning Commission for the City of Newaygo.
E.
Convalescent or Nursing Home: A convalescent home or nursing home is a home for the care of children, or the aged, or the infirm, or a place of rest for those suffering bodily disorders, wherein seven (7) or more persons are cared for. Said home shall conform to, and qualify for a license under applicable State Law.
F.
Cul-de-sac: A dead-end public or private street, generally short in distance, which terminates in a circular or semicircular section of street which allows for vehicle turnaround.
G.
Demolish: The act of tearing down any principal building on a piece of property or any building having dimensions that exceed twenty feet by twenty feet (20' X 20') that contains plumbing or electrical work.
H.
Development: To make a piece of property or land more available or useable.
I.
Drive-in Business: A commercial business establishment whose principal retail and/or service character is dependent primarily on providing a driveway approach and parking spaces for motor vehicles in order to serve patrons while in or momentarily stepped away from the vehicle. This may include, but is not limited to, banks, cleaners, restaurants, laundry pick-up, etc.
J.
Drive-in Restaurant: A drive-in establishment that furnishes the patron with food in a ready-to-consume state, primarily in plastic, paper, or other disposable containers, and where the consumption of food is allowed either in (1) the main building, (2) a motor vehicle parked on the premises, (3) another facility on the premises outside the main building, or (4) off the premises.
K.
Dwelling, Dwelling Unit: A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one (1) family, but in no case shall a hotel, motel, or recreational vehicle be considered a dwelling. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this Ordinance and shall comply with the provisions thereof relative to dwellings.
L.
Dwelling, Multiple: A building or portion thereof, used or designed for use as a residence for three (3) or more families living independently of each other and each doing their own cooking in said building. This definition includes three-family buildings, four-family buildings, apartments, and townhouses.
M.
Dwelling, Single Family: A detached building designed to be occupied by one (1) family.
N.
Dwelling, Two Family: A detached building designed for use by two (2) families living independently of each other and each doing their own cooking in each unit. It may also be termed a duplex.
O.
Earth Sheltered Dwelling: A dwelling partially or entirely covered by earth, provided at least one (1) entire side is completely exposed.
P.
Easement: To grant an easement is to grant an interest of one (1) or more of a property's rights to or for use by another individual or entity.
Q.
Erection: The act or process of constructing a structure.
R.
Essential Public Services: The erection, construction, alteration, or maintenance of public utilities or municipal department or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication supply, or disposal systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories reasonably necessary to provide adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare; but not including buildings other than those that are primarily enclosures or shelters for the above essential service equipment and not including wireless communication towers.
S.
Excavate: To dig or to extract soil from the ground.
T.
Family: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. A group of individuals occupying a boarding house, lodging house or a hotel shall not be considered a family. An individual or two (2) or more persons related by blood, marriage, or adoption, living together as a housekeeping unit.
U.
Family Child Day Care Home: A private home in which one (1) but not more than six (6) minor children (or not more than seven (7) minor children if provider meets certain State criteria and receives State approval) are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
V.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.
W.
Flood Hazard Boundary Map (FHBM): An official map, issued by the Federal Emergency Management Administration (FEMA), where the boundaries of the areas of special flood hazards have been designated as Zone A.
X.
Floodplain: Any land area susceptible to being inundated by water from any source.
Y.
Floor Area, Gross: The sum of the gross horizontal area of the several floors of the building measured from the interior faces of the exterior walls or from the centerline of walls separating two buildings. The gross floor area of a building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, or finished lot grade, whichever is higher (See definition of Basement). Gross floor area shall not include attic space having headroom of seven and one-half (7 ½) feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking and loading shall not be included in floor area. Areas of basements (except as provided above), breezeways, porches, or attached garages are not included.
Z.
Floor Area, Usable: That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers; or area used in a dwelling unit for living purposes. Floor area which is used to be used principally for the storage or processing of merchandise, for hallways, or for utilities shall be excluded from the computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.
AA.
Foster Day Care Facility: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (24) hours a day and for not less than (2) consecutive weeks and where the parents or guardians are not immediately available to the child.
BB.
Foster Family Group Home: A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, are provided care for twenty-four (24) hours a day, for four (4) or more days a week for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
CC.
Foster Family Home: A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage or who are not placed in the household pursuant to the adoption code, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
(Ord. No. 2024-04, § 1, 11-11-2024)
A.
Garage, Private: Accessory building or portion of a main building used primarily for the storage of 1 or more passenger vehicles.
B.
Garage, Public: Any building used for the commercial storage of vehicles, equipment, or other items or where vehicles are equipped, repaired, stored, or kept for enumeration, hire, or sale.
C.
Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
D.
Greenbelt: A strip of land of definite width and location reserved for the planting of shrubs, trees, or grasses to serve as an obscuring screen or buffer strip in carrying out the requirements of this Ordinance.
E.
Group Child Day Care Home: A private home in which seven (7) but not more than twelve (12) minor children (or not more than fourteen (14) minor children if provider meets certain State criteria and receives State approval) are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or guardian, expecting children related to an adult member of the family or blood, marriage or adoption. Group day care homes include a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
F.
Half-Story: That part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half (1/2) the floor area of said full story, provided the area contains at least two hundred (200) square feet and which contains a clear height of at least seven and one-half (7 ½) feet, at its highest point.
G.
Hotel: A building occupied or used as a predominately temporary abiding place by individuals or groups of individuals, with or without meals, and in which building there are more than five (5) separate sleeping rooms and in which rooms there is no provision for cooking.
H.
Junk: For the purpose of this Ordinance, this term shall mean any immobile or unlicensed motor vehicles, auto parts, inoperable machinery, appliances, products, or merchandise with parts missing; or scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use for the purpose of which they were manufactured.
I.
Lodging Houses: Primarily a dwelling where lodging, with or without meals, is furnished on a weekly or monthly basis to five (5) or more persons who are not members of the family occupying and operating the premises, but not necessarily to anyone who may apply.
J.
Lot: A parcel of land occupied or intended to be occupied by one (1) main building and the accessory buildings and uses customarily incidental to such main building, and including such open spaces, and loading spaces as are required by this Ordinance. The word "lot" shall include plot or parcel. A lot need not be a lot of record. Lot shall also include a building site in a site condominium development.
K.
Lot Characteristics:
(1)
Lot Area: Total horizontal area within the lot lines of a lot.
(2)
Lot Coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, but not including parking, loading, or drives.
(3)
Lot Depth: The mean horizontal distance from the front street line to the rear lot line. In the case of an acreage lot, from the front right-of-way line to the rear property line.
(4)
Lot Width: The horizontal distance between the side lot lines, measured at the two (2) points where the building setback line intersects the side lot lines.
L.
Lot Lines:
(1)
Front Lot Lines: In the case of an interior lot, the front lot line shall mean the line separating such lot from the abutting street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street.
(2)
Rear Lot Lines: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular-shaped lot, a line at least ten (10) feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of the rear yard. In cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot lines.
(3)
Side Lot Line: Any lot line, which is neither a front lot line nor a rear lot line.
M.
Lot Types:
(1)
Corner Lot: A lot located at the intersection of two (2) or more streets and at an angle of intersection of not more than one hundred thirty-five (135) degrees.
(2)
Double Frontage Lot: A lot extending through a block from one street to another.
(3)
Interior Lot: A lot other than a corner or double frontage lot with only one (1) lot line abutting a street.
N.
Lot of Record: A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds.
O.
Manufactured Home: A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a year-round dwelling unit with or without a permanent foundation, connected to required public utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure, excluding, however, a vehicle designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle moved on or drawn by another vehicle. Also referred to as a "mobile home" or "modular home" in this ordinance.
Q.
Manufactured Home Park: Any parcel or tract of land under the control of a person or entity upon which three or more manufactured homes are located on a continual non-recreational basis, and which is offered to the public for that purpose, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a manufactured home. Also referred to as a "mobile home park" in this ordinance.
R.
Medical Marihuana Caregiver: A primary caregiver or caregiver as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
S.
Medical Marihuana Caregiver Operation: The acquisition, possession, cultivation, manufacture, extraction, possession, delivery, transfer, or transportation of marihuana or marihuana-infused products by a medical marihuana caregiver for the purpose of assisting a medical marihuana qualifying patient's medical use of marihuana under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
T.
Medical Marihuana Facility: Marihuana facility as defined in the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended.
U.
Medical Marihuana Grower Facility or Grower: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that cultivates, dries, trims, or cures and packages marihuana for sale to a medical marihuana processor, medical marihuana provisioning center, or another medical marihuana grower.
V.
Medical Marihuana Processor Facility or Processor: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that purchases marihuana from a medical marihuana grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a medical marihuana provisioning center or another medical marihuana processor.
W.
Medical Marihuana Provisioning Center: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that purchases marihuana from a medical marihuana grower or medical marihuana processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. A medical marihuana provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A medical marihuana caregiver operation is not a provisioning center.
X.
Medical Marihuana Qualifying Patient: A qualifying patient or patient as defined in the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended, who has been issued and possesses a valid registry identification card under the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.
Y.
Medical Marihuana Safety Compliance Facility or Safety Compliance Facility: A commercial entity regulated under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101 et seq.), as amended, that takes marihuana from a medical marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the medical marihuana facility.
Z.
Motel: (See Hotel)
AA.
Non-conforming 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.
BB.
Non-conforming Use: A use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereto, and that does not conform to the provisions of the Ordinance in the Zoning District in which it is located.
CC.
Off-Street Parking Area: An open or enclosed area directly accessible from a drive or aisle for parking of automobiles of owners, occupants, employees, customers or tenants of the main use.
DD.
Open Space: An open, undeveloped portion of a lot or parcel permanently reserved from development through a legal instrument and intended to preserve natural features or open land.
EE.
Recreational Marihuana Establishment: A marihuana establishment as defined in the Michigan Regulation and Taxation of Marihuana Act, IL 1 of 2018 (MCL 333.27951 et seq.), as amended.
(Ord. No. 2021-03, art. 1, 6-14-2021Ord. No. 2024-04, § 1, 11-11-2024)
A.
Parking Area: An open area other than a public right-of-way, used for parking motor vehicles for a fee or as an accommodation to clients, customers, residents, or employees.
B.
Parking Space: An off-street space of at least one hundred sixty-two (162) square feet of necessary driveways, aisles, or maneuvering areas suitable to accommodate one (1) vehicle and having direct, unobstructed access to a street or alley.
C.
Performance Guarantee: A financial security required by the City from a land developer/owner to ensure that required improvements and/or requirements are actually constructed. Examples of such performance guarantees include cash, surety bond, and irrevocable bank letter of credit.
D.
Pond: An artificially confined body of water, usually smaller than a lake.
E.
Principal Building: The building in which the principal use takes place.
F.
Principal use: The main or dominant activity for a piece of property or a building.
G.
Public Nuisance: Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, or highway; or in any way renders the public insecure in life or property, is hereby declared to be a public nuisance. Public Nuisances shall include, but not be limited to, whatever is forbidden by any provisions in either this Zoning Ordinance or the Code of Ordinances. No person shall commit, create, or maintain any nuisance.
H.
Residential floor area: The total area of all the floors of the residence, measured from the inside of the exterior walls. The areas used for storage, mechanical equipment, stairwells, etc. are included in the total. The floor area of a garage is not included.
I.
Restoring (non-conforming): Only and exclusively for the safety of the structure and strengthening therein. No cosmetic work or improvements shall be made to the structure, only the adding of a type of support or brace.
J.
Seating Capacity: The number of seating units installed or indicated on plans for places of assembly. Where not indicated on plans, it shall be assumed that a seating unit will occupy six (6) square feet of floor area exclusive of all aisles. Where benches, pews, or similar seating is provided, each twenty-four (24) inches of such seating shall be counted as one (1) seat.
K.
Setback: The minimum distances that a building or structure must be from any lot line to meet the requirements of this ordinance.
L.
Solid Waste: Rubbish, cardboard, paper, yard clippings, used building materials, glass, or any such item that would be considered garbage. Does not include human or industrial waste or such related by-products.
M.
State Licensed Residential Facility: Structure constructed for residential purposes and licensed by the State pursuant to the Adult Foster Care Licensing Act (PA 218 of 1979) or the Child Care Organizations Act (PA 116 or 1973) that provides resident services or care for six (6) or fewer persons under 24 hour supervision for persons in need of that supervision or care.
N.
Stop Work Order: An administrative order that directs a property or business owner not to continue or allow the continuation of an activity which is in violation of this or any Ordinances applicable within the City of Newaygo.
O.
Story: That portion of a building, other than a basement or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
P.
Street: A public or private thoroughfare, which affords the principal means of access to abutting property.
Q.
Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having more or less permanent location on the ground.
R.
Structural Alterations: Any changes in the bearing walls, supporting beams or girders or any other supporting members of a building, also any changes in the configuration of the roof or main exterior walls.
S.
Townhouse: A dwelling unit in a structure containing at least three (3) such units, each unit having its own main entrance on the first floor and sharing a common wall but not having a common floor/ceiling.
T.
Variance: The granting of specific authorization by the Zoning Board of Appeals to "vary" from the requirements of the Ordinance in what would otherwise be a violation, when certain findings have been made.
U.
Yard: A required yard is an open area of prescribed width or depth on the same land with a building or group of buildings, which open area 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:
(1)
Front Yard: An open unoccupied area extending the full width of the lot from the front of the main building to the front lot line measured at its nearest point.
(2)
Side Yard: An open unoccupied area on the same lot with the main building and lying between the foundation line of such building or any garage or other accessory building on said lot and the side lot line, and extending from the front yard to the rear yard.
(3)
Rear Yard: An open unoccupied area, except for accessory buildings as hereinafter permitted, extending for the full width of the lot, between the foundation line of the main building and the rear lot line, or to the center of an alley if an alley exists.
V.
Zoning Administrator: The person appointed by the City Council to administer and enforce the provisions of this Ordinance.
(Ord. No. 2024-04, § 1, 11-11-2024)