This chapter shall be known as the "City of Norton Shores Zoning Ordinance."

(Ord. No. 369, § 15.010(1.100), 6-26-1981)

This chapter establishes comprehensive zoning regulations for the city, in accordance with the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and all acts amendatory thereof, to promote the public health, safety and general welfare by dividing the city into zones and regulating therein the uses of the land and structures. Among other purposes, such provisions are intended to do the following, all in accordance with the city master plan, taking into consideration the existing character of neighborhoods, uses of land and structures and present conditions:

(1)

To conserve property values and natural resources;

(2)

To meet the needs of the city's citizens for food, fiber, energy and other natural resources, places of residence, recreation, industry, trade, service and other uses of land;

(3)

To ensure that use of the land shall be situated in appropriate locations and relationships;

(4)

To protect and conserve the character and social and economic stability of residential, commercial, industrial and other areas;

(5)

To limit the inappropriate overcrowding of land and congestion of population, transportation systems and other public facilities;

(6)

To facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation and other public service and facility requirements; and

(7)

To conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties.

(Ord. No. 369, § 15.015(1.101), 6-26-1981)

(a)

It is the general intent of this chapter to define terms used; to regulate and restrict lot coverage, population distribution and density; and to regulate and restrict the size and location of all structures by division of the city into zones so as to:

(1)

Lessen congestion in and promote the safety and efficiency of the streets and highways;

(2)

Secure safety from fire, flooding, panic and other dangers;

(3)

Provide adequate light, air, sanitation and drainage;

(4)

Prevent overcrowding;

(5)

Avoid undue population concentration;

(6)

Facilitate the adequate provision of public facilities and utilities;

(7)

Stabilize and protect property value;

(8)

Maintain adequate open spaces, lot sizes and setback lines;

(9)

Further the appropriate use of land and conservation of natural resources;

(10)

Preserve and promote the beauty of the community; and

(11)

Implement the city's development policies, taking into consideration existing uses and conditions.

(b)

It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Ord. No. 369, § 15.020(1.102), 6-26-1981)

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

(1)

The particular shall control the general.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

a.

The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

b.

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

c.

The term "either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(9)

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

(Ord. No. 369, § 15.030(2.100), 6-26-1981)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any word not herein defined shall be construed as defined in the Housing Law of Michigan, Public Act No. 167 of 1917 (MCL 125.401 et seq.).

Accessory building means a subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or devoted exclusively to an accessory use, which is a natural incidental lawful use in conjunction with, but subordinate to, the lawful use of the main structure.

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

Adjusted parcel acreage means the acreage of a parcel that remains after the primary conservation area has been deducted.

Agriculture means the science, art, or practice of producing crops and/or raising livestock in an area devoted or otherwise intended for such purposes that exceeds one acre within any parcel of land, and from which a primary source of income is not derived.

Alley means a public way smaller than a street which affords only a secondary means of access to abutting property, and not intended for general traffic circulation.

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

Apartment means a suite of rooms in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

Applicant means any person proposing or implementing the development of land.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Auto service body shop means a place that performs general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body frame or fender straightening or repair; overall painting; or vehicle steam cleaning.

Automobile or trailer sales area means an open area other than a street used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Automobile reduction means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Automobile service station orfilling station means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.

Automotive engine repair facility means a place where work is limited exclusively to the general automotive repair, rebuilding or reconditioning of engines, not to include body work.

Awning or canopy means any covered structure made of cloth, metal or other material with supporting frames attached to a building which projects beyond the building wall and/or is carried by a frame supported by the building, ground or sidewalk below it.

BMP or "best management practice" means a practice, or combination of practices and design criteria that comply with the Michigan Department of Environmental Quality's Guidebook of BMPs for Michigan Watersheds, and Low Impact Development Manual for Michigan, or equivalent practices and design criteria that accomplish the purposes of this chapter (including, but not limited to, minimizing stormwater runoff and preventing the discharge of pollutants into stormwater) as determined by the City of Norton Shores Engineer, Environmental Consultant and/or, where appropriate, the standards of the Muskegon County Drain Commissioner.

Base flood means the flood having a one percent chance of being equalled or exceeded in any given year.

Basement orcellar means a story having more than one-half its height below the average of the adjoining ground. A basement shall not be counted as a story for purposes of height measurement.

Beach means that area consisting of the shore and adjacent areas of a lake used for recreational swimming, fishing and boating.

Berm or berm, landscaped, means a landscaped continuous elevated mound of earth used as a wind, noise and sight barrier on the perimeter of a parcel of land or portion of a parcel which portion requires a berm. The berm must be smoothly graded and have erosion-preventing material installed on it, such as stone, bark, bushes, trees and plants.

Bioretention swales means a vegetated swale with a slope less than 0.5 percent to maximize water retention, filtration and percolation time.

Billboard orsignboard means any structure or portion thereof situated on private premises on which lettered, figured or pictorial matter is displayed for informational or advertising purposes. This definition shall not be held to include official court or public notices, nor the flag, emblem or insignia of a nation, unit of government or group.

(1)

The term "freestanding sign" means a sign attached to the ground by one or more poles or standards.

(2)

The term "projecting sign" means a sign which is attached to a wall or surface of a structure and projects more than 12 inches beyond such wall.

(3)

The term "wall sign" means a sign which is attached to a wall of a building and projects not more than 12 inches from such wall measured from the wall to the point farthest from the wall.

(4)

The term "monument sign" means a sign whose height shall not exceed three feet, whose ground-to-sign clearance shall not exceed one foot and whose depth shall not be less than eight inches, nor more than 18 inches.

(5)

For the purposes of this chapter reference to the "size" of a sign or reference to the permissible "square feet in area" shall mean the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming any integral part of the display.

Bluffline means the line which is the edge or crest of the elevated segment of the shoreline above the beach which normally has a precipitous front inclining steeply on the lakeward side. Where there is no precipitous front indicating the bluffline, the line of perennial vegetation may be considered the bluffline.

Board means the board of appeals of the city.

Boardinghouse orlodginghouse means a building or part thereof, other than a hotel or restaurant, where meals and/or lodging are provided, for compensation, for five or more persons not transients.

Breezeway means a covered structure connecting an accessory building with the principal use. For purposes of determining yard and area requirements such connected building shall be considered as one integral unit.

Broadcast or recording studio means a facility for the production and broadcasting of television, radio, or internet programs and similar products, or the recording of music, including, but not limited to, soundstages, sets, recording and broadcasting studios, production facilities, and administrative offices.

Building means any structure having a roof supported by columns of walls designed or intended for the support, enclosure, shelter or protection of persons, animals or property.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs.

Building line means a line formed by the major or primary face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line. However, at no time shall the building line be located on a lot where the lot's width is less than the minimum required lot width for that zoning district. It is the intent of this definition to place a home at or behind the building line.

Common open space means land within a conservation cluster development which is not individually owned and which may not be subdivided. Such land is permanently protected from development and intended for the common use or enjoyment of the residents of the development and/or the general public, which may contain structures and improvements that are necessary and appropriate for the recreational use of the open space. Where common open space consists of noncontiguous parcels, an isolated area with a total area of less than 5,000 square feet shall not be considered common open space. Areas not considered common open space shall include areas devoted to public or private road rights-of-way and ponds created for drainage or esthetic purpose.

Conservation cluster development means a form of residential subdivision or site condominium pursuant to this chapter which permits housing units to be grouped on lots with dimensions and setback standards that may be adjusted from conventional patterns, providing the overall density of the parcel is substantially equivalent to that allowed by the underlying zoning and that the remainder of the site is dedicated as permanent common open space.

Conveyance facility means a storm drain, pipe, swale, or channel.

Curb level means the grade elevation, as established by the city, of the curb in front of the center of the building, or proposed building, or the elevation of the traveled street in case no curb exists.

Density means the total number of dwelling units divided by the adjusted parcel acreage.

Design engineer means the registered professional engineer responsible for the design of the stormwater management plan.

Detention means a system which is designed to capture stormwater and release it over a given period of time through an outlet structure at a controlled rate.

Development, developed or redevelopment means the installation or construction of impervious surfaces on a development site that require, pursuant to state law or local ordinance, City of Norton Shores approval of a site plan, site condominium, special land use, planned unit development, rezoning of land, land division approval, private road approval, or other approvals required for the development of land or the erection of buildings or structures; provided, however, that development, developed or redevelopment shall not include the actual construction of, or an addition, extension, or modification to, an individual single-family or a two-family detached dwelling.

District means a section of the city in all parts of which the regulations of this chapter governing the height, area and use of buildings and premises are the same.

Drive-through restaurant means a business establishment designed so that its retail service activity includes an approach for motor vehicles to serve patrons while in the motor vehicle, including, without limitation, restaurants serving food and beverages from a drive-through window to patrons in motor vehicles.

Dwelling means a building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including one-family, two-family and multiple-family dwellings, and apartment-hotels, hotels, boardinghouses and lodginghouses, and meeting all applicable code provisions in effect on the date of construction.

Engineered site grading plan means a sealed drawing or plan and accompanying text prepared by a registered engineer or landscape architect which shows alterations of topography, alterations of watercourses, flow directions of stormwater runoff, and proposed stormwater management and measures, having as its purpose to ensure that the objectives of this chapter are met.

Erosion control device means any structural or physical method used to control shoreland erosion processes. Erosion control devices include, but are not limited to, structures such as groins, seawalls, revetments or beachwalls, and may also include any type of beach nourishment by filling and the planting of vegetation.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas; electrical, steam, fuel or water transmission or distribution systems; and collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation means any breaking of ground, except common household gardening and ground care.

Existing building means a building existing or a building for which a legal permit had been issued and the foundations were in place, or upon which there had been substantial work done, prior to the adoption of the ordinance from which this chapter is derived.

Family means:

(1)

An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and stepchildren and servants or the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic housekeeping unit in a dwelling unit; or

(2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Farm means the carrying on of any agricultural activity and/or the raising of livestock or small animals as a primary source of income.

Farm animals and fowls mean those animals and fowls usually kept on a farm for the production of income such as horses, cows, pigs, chickens, turkeys, sheep, ducks and geese.

Flood orflooding means 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 or runoff of surface waters from any source.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the FIRM and the water surface elevation of the base flood.

Floodplain means the area delineated in the city flood insurance study by the 100-year flood boundary. It includes stream channels, defined floodways and their floodway fringes.

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

Floor area, usable (for the purposes of computing parking), means 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. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities 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.

Garage, private, means a detached accessory building or portion of a main building used only for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity not exceeding 1½ tons.

Garage, public, means a structure or portion thereof other than a private or community garage used for the storage, sale, hire or repair of self-propelled vehicles or trailers.

Garage, storage, means a garage used exclusively for the storage of motor vehicles. Motor vehicles shall not be repaired in any storage garage.

Grading means any stripping, excavating, filling, and stockpiling of soil or any combination thereof and the land in its excavated or filled condition.

High-risk erosion area means an area designated as a high-risk area due to shoreland erosion by state department of environmental quality pursuant to the shorelands protection and management provisions of part 323 of Public Act No. 451 of 1994 (MCL 324.32301 et seq.).

High-water mark, ordinary, means the line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. Consistent with the Great Lakes submerged lands provisions of Part 325 of Public Act No. 451 of 1994 (MCL 324.32501 et seq.), the ordinary high-water mark shall be deemed to be the following elevation above sea level, International Great Lakes Datum of 1955 for Lakes Michigan and Huron: 579.8 feet.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the provision or sale of incidental goods and services, subject to the provisions of section 48-854.

Hotel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests (as distinguished from a boardinghouse, lodginghouse, apartment-hotel, fraternity house or sorority house).

House trailer means any portable vehicle designed to be occupied which is usually portable and capable of being connected to utilities, normally used for recreational purposes and either motor-driven or trailered, but which does not meet the floor space requirements of section 48-664, even though the same may meet the requirements of the Housing and Urban Development Construction and Safety Standards Act for residential housing.

Impervious surface means a surface that does not allow stormwater runoff to slowly percolate into the ground.

Infiltration means the percolation of water into the ground, expressed in inches per hour.

Kennel means any premises on which four or more dogs four months old or older are kept.

Lot means a parcel of land, excluding any portion in a street or other right-of-way, occupied or capable of being occupied by one building and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required under this chapter and having not less than 25 feet of immediate frontage either upon a public highway or a perpetual, recorded private road or easement and of at least sufficient width and depth as to comply with the area, yard and setback requirements provided for in this chapter. Such a lot may consist of a single lot of record, a portion of a lot of record, any combination of complete and/or portions of contiguous lots of record or a parcel of land described by metes and bounds, provided that in no case of a lot division or combination shall the width or open space requirements of any lot or parcel created be less than that necessary to comply with the provisions of this chapter.

(1)

Corner lot means a lot of which at least two adjacent sides abut for full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

(2)

Interior lot means a lot other than a corner lot.

(3)

Lot area means the computed area inside of lot lines.

(4)

Lot line means the property lines bounding the lot.

(5)

Lot width means the mean horizontal distance across the lot between side lot lines measured at right angles to the depth.

(6)

Lot depth means the mean horizontal distance between the front and rear lot lines.

(7)

Front lot line means, in the case of a lot abutting upon only one street, the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line, provided that such choice, in the opinion of the building and zoning administrator, will not be injurious to the existing adjacent properties or to the desirable future development of adjacent properties.

(8)

Lot of record means a lot which is part of a subdivision and is shown on a plat or map thereof which has been recorded in the county office of register of deeds prior to the effective date of the ordinance from which this chapter is derived, or a parcel of land described by survey or metes and bounds which is the subject of a deed or land contract recorded in said office prior to said date.

(9)

Substandard lot means a lot of record or a lot described in a land contract or deed executed and delivered prior to the effective date of the ordinance from which this chapter is derived which does not meet the minimum requirements of the district or zone in which it is located. In the Lake Michigan shoreland zone a substandard lot also means those lots which were legally created with sufficient depth to meet the setback requirements for principal structures in the zone but which subsequently become substandard due to natural erosion processes.

Maintenance agreement means a binding agreement that sets forth the terms, measures, and conditions for the maintenance of stormwater systems and facilities.

Master plan means the overall city plan which sets forth the goals and desired development objectives, including guidelines for future governmental action, which has been adopted by the city planning commission, as same may be amended from time to time.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

(1)

For purposes of this chapter, those structures which are called variously "modular" or "prefabricated" and are preconstructed in some other location and transported to the housing site, but are built under the standards of a national building code, referred to in the state construction code under Public Act No. 230 of 1972 (MCL 125.1501 et seq.), are not included in this definition of a mobile home.

(2)

No mobile home which does not meet the floor space requirements for permanent residency, set forth in section 48-805, shall be considered a mobile home under this definition and shall be defined as a "house trailer" in this section.

Mobile home park means any site, lot, field or tract of land upon which two or more mobile homes are harbored, either free of charge or for revenue purposes, and shall include building, structure or enclosure used or intended for use as part of the equipment of such mobile home park.

Modular housing unit means a dwelling unit constructed solely within a factory, as a single unit or in various-sized modules or components, which are then transported by truck or other means to a site where they are assembled on a permanent foundation to form a dwelling unit, and meeting all codes and regulations applicable to conventional single-family home construction.

Motel means a series of attached, semidetached or detached rental units containing a bedroom, bathroom, closet space and, where permitted, kitchenettes, as regulated in this chapter. Units shall provide for overnight or resort lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

Motion picture studio means a facility for the production of motion pictures, television programs, and similar products, but not limited to, soundstages, sets, cafeterias, production studios and facilities, research and development operations, training or education areas, and administrative offices.

Moveable structure means a structure which the building and zoning administrator has determined to be moveable. Such a determination shall be based on a review of the design and size of the structure, a review of the capability of the proposed structure to withstand normal moving stresses and a site review to determine whether the structure will be accessible to moving equipment.

Nonconforming structure means a structure lawfully existing, or a use which lawfully occupied a structure or land at the time of the effective date of the ordinance from which this chapter is derived and which does not conform with the use regulations of the district in which it is located.

Nonconforming use means the lawful use of a structure or land at the time of the effective date of the ordinance from which this chapter is derived and which does not conform with the use regulations of the district in which it is located.

Nuisance factor means:

(1)

An offensive, annoying, unpleasant or obnoxious thing or practice;

(2)

A cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being; or

(3)

The generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise; dust; smoke; odor; glare; fumes; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise of congregation of people, particularly at night; passenger traffic; or invasion of nonabutting street frontage by traffic.

Occupied means arranged, designed, built, altered, converted to, rented or leased.

Off-site facility means all or part of a drainage system that is located partially or completely off the development site which it serves.

Pad means the disturbed or leveled area on the slope of a dune upon which a structure or a part thereof rests. The term includes the areas immediately adjacent to the structure itself required for walkways and access driveways.

Park means a parcel of land used for outdoor recreational purposes consisting of lawns, trees, shrubbery, walks, bicycle trails, hiking trails, ornamental pools or fountains, benches, picnic areas, children's playgrounds, outdoor sports areas and bandshells.

Parking area, private, means an open area for the same uses as a private garage.

Parking area, public, means an open area, other than a street or other public way used for the parking of automobiles and available for public use whether for a fee, free or as an accommodation for clients or customers.

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

Peak rate of discharge means the maximum rate of stormwater flow at a particular location following a storm event, as determined by the city and as measured at a given point and time in cubic feet per second (CFS).

Plan means written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this chapter.

Primary conservation area means land which includes bodies of water, ponds, lakes, streams, culverts, lands within a 100-year floodplain, permanent easements that restrict development, slopes in excess of 25 percent and other permanent restrictions that prevent development.

Principal structure means the main building on a lot or parcel including, but not limited to, residential, commercial, industrial and institutional structures and mobile homes. In the Lake Michigan shoreland zone, principal structure also means septic systems, tile fields, any on-site waste-handling facility, garages and any other structure designed and intended for permanent use.

Recession rate means a quantitative measure of the landward movement of the bluffline determined on the basis of the shoreland erosion studies conducted under part 323 of Public Act No. 451 of 1994 (MCL 324.32301 et seq.), and expressed in terms of an annual average rate.

Recreational uses means such facilities as, but not limited to, nature trails, walking paths, baseball or softball diamonds, woodlands and lakefront and stream areas.

Recreational vehicle means a vehicle designed or constructed for the transportation of people primarily for recreational purposes, and which may permit occupancy thereof as a dwelling or sleeping place such as, but not limited to, motor homes, campers, camper trailers, offroad vehicles, boats and utility trailers.

Recreational vehicle park means a parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

Resort means an area primarily used for the purpose of outdoor recreational and leisure time uses limited to golf courses; tennis courts; lawn areas for shuffleboard, archery, badminton or other similar uses; horseback riding trails; winter recreational areas providing facilities for ice skating, skiing, toboganning, snowmobiling and similar uses; summer recreational areas providing facilities for baseball, football, soccer, swimming and boating, and including water-related recreational facilities, swimming pools, boat ramps, beaches and picnic areas; and motels, lodges, restaurants and gift shops, but only as an accessory use to the primary outdoor recreational use.

Retention means a holding system for stormwater, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands. Water is removed through infiltration and/or evaporation processes.

Runoff means that part of precipitation which flows over the land.

Rural and scenic easement means a permanent easement incorporated within the common open space area for the perpetual preservation of a natural area along a public roadway.

Salvage materials.

(1)

The term "salvage materials" shall include old iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or other glass; wastepaper, used building materials and other waste or discarded materials which might be prepared to be used again in some form and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts.

(2)

The term "salvage materials" shall not include materials or objects accumulated by a person as byproducts, waste or scraps from on-the-premises manufacturing operations, or materials or objects held and used by a manufacturer as an integral part of his own on-the-premises manufacturing processes.

Salvage yard means a yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing salvage materials as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such materials, in whole units or by parts, for a business or commercial purpose.

Secondary conservation area means natural or cultural features including, but not limited to, riparian forests, shoreline, mature woodlands, regulated wetlands, critical dunes, groundwater recharge areas, prominent meadows and hillsides, wildlife habitat areas, historic sites, prime and/or unique farmlands and scenic views.

Sediment means mineral or organic particulate matter that has been removed from its site of origin by the process of soil erosion, is in suspension in water, or is being transported.

Setback means the minimum horizontal distance between the front line of a building, excluding steps and unenclosed porches, and the street line. In the shoreland zones it also means the minimum horizontal distance required by this chapter between the bluffline or, if none, the ordinary high-water mark and the most lakeward edge of a principal structure.

Shoreland means the land which borders or is adjacent to Lake Michigan, Mona Lake, Mona Lake Channel and Black Lake which, based on soil characteristics, may extend up to 4,000 feet landward of the ordinary high-water mark.

Shoreline means the area of the shorelands where the land and waters of Lake Michigan, Mona Lake, Mona Lake Channel and Black Lake meet.

Sign means a name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business, and including those signs described under "billboard or signboard" in this section.

Store and lock means a facility or group of buildings intended for the use by individuals and small businesses for the storage of personal property.

Storm drain means a conduit, pipe, swale, natural channel or manmade structure which serves to transport stormwater runoff. Storm drains may be either enclosed or open.

Stormwater BMP means any facility, structure, channel, area, process or measure which serves to control stormwater runoff in accordance with the purposes and standards of this chapter.

Story means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the surface of 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.

Street means a public or private way, square or lane permanently open to common and general use, other than an alley, which affords the principal means of access to abutting property. Street width shall be the perpendicular measurement between right-of-way lines.

Structural alterations means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires permanent location on the ground or attachment to something having such location.

Subterranean or underground dwelling means a dwelling that is partially or wholly surrounded by earth on no more than three sides and the roof, and which is to be used as an occupied dwelling according to the district regulations.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations.

Variance means a grant of relief to a person from the requirements of this chapter which permits construction or use in a manner otherwise prohibited by this chapter.

Yard, front, means an open space extending the full width of the lot between the principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, rear, means an open unoccupied space, except by a building or accessory use as hereinafter permitted, extending for the full width of the lot between rear line of principal building and rear lot line.

Yard, side, means an open, unoccupied space situated between the side line of the principal building and the adjacent side line of the lot and extending from the front yard to the rear yard.

Zoning map means the official city zoning map establishing zoning districts, which is on file in the office of the city clerk.

(Code 1975, § 15½-1; Ord. No. 243, § 1, 11-6-1975; Ord. No. 369, §§ 15.052—15.128, 8-13-1982; Ord. No. 479, 4-13-1990; Ord. No. 493, § 15.048, 4-12-1991; Ord. No. 653, §§ 15.129—15.138, 5-17-2002; Ord. No. 733, § 2, 5-2-2011; Ord. No. 740, § 2, 11-1-2011; Ord. No. 741, § 2, 1-3-2012; Ord. No. 834, § 1, 5-2-2022; Ord. No. 855, § 2, 3-4-2025)

In any case in which the provisions of this chapter are declared by the courts to be unconstitutional or invalid, said ruling shall not affect the validity of the remaining provisions of the chapter and to this end the provisions of this chapter are declared to be severable.

(Ord. No. 369, § 16.215(20.100), 6-26-1981)