This ordinance shall be known and may be cited as the "City of Oak Park Zoning Ordinance."

a.

The purpose of this ordinance is to promote the public health, safety, and general welfare of the community as a wholesome, serviceable, and attractive municipality, by having regulations and restrictions that:

1.

Promote compatibility of existing and future land uses.

2.

Increase the safety and security of home life.

3.

Preserve and create a favorable quality of life for residents.

4.

Develop good citizenship.

5.

Protect and enhance property and civic values.

6.

Facilitate efficient traffic operations, minimize congestion, and accident potential.

7.

Enhance the environment for pedestrians and other non-motorized types of transportation.

8.

Restrict building in floodplain areas as a means of protecting property owners.

9.

Protect wetlands in recognition of their irreplaceable environmental value.

10.

Promote aesthetics and minimize blight.

11.

Provide for convenient vehicular parking.

12.

Provide parks, recreation, schools, religious institutions, and community facilities.

13.

Encourage a variety of quality housing.

14.

Encourage preservation of environmental features through flexible design standards.

15.

Promote clean air and water, access to sunlight, sufficient infrastructure, and public services.

16.

Assist in implementing and accomplishing the objectives of the city's adopted master plan.

17.

Provide reasonable means of protecting and safeguarding the city's economic structure.

18.

Provide each property owner with a reasonable and economic use of their land.

19.

Lessen congestion, disorder and infringement on property values, safety, and quality of life which are often aggravated due to unregulated development.

20.

Prevent overcrowding of land and undue concentration of population.

b.

In order to effectively meet this purpose, the city is divided into districts of such number, shape, and area, and of such common unity of purpose, adaptability, or use, that are deemed most suitable to provide for the best general civic use, protect the common rights and interests within each district, and the city as a whole, preserve the property owners right to use their land, and to promote quality of life and business vitality. The regulations of this ordinance accomplish these purposes by controlling land uses within each district; acknowledging the unique impacts of special land uses through specific standards for their development in appropriate locations within selected districts; promoting quality by limiting the location, height, bulk, occupancy, and uses of buildings, and other structures; defining maximum residential density, specifying the percentage of a site available for a building; and requiring building and parking setbacks from property lines and public street rights-of-way.

a.

This ordinance is not intended to abrogate or annul any easement, covenant, or other private agreement, provided that where any provision of this ordinance is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this ordinance shall govern.

b.

Except as may otherwise be provided in this ordinance, every building and structure erected; every use of any lot, building, or structure; every structural alteration or relocation of an existing building or structure and every enlargement of, or addition to, an existing use, building, or structure shall be subject to all regulations of this ordinance which are applicable in the zoning district in which such use, building, or structure is located.

No setback area or lot existing at the time of adoption of this ordinance shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established herein.

The regulations herein established shall be considered the minimum regulations for promoting and protecting the public health, safety, and welfare.

Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

This ordinance is enacted in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.

If any court of competent jurisdiction shall declare any part of this ordinance to be invalid, such ruling shall not affect any other provisions of this ordinance not specifically included in such ruling. Further if any court of competent jurisdiction shall declare invalid the application of any provision of this ordinance to a particular parcel, lot, use, building, or structure, such ruling shall not affect the application of such provision to any other parcel, lot, use, building, or structure not specifically included in such ruling.

This ordinance shall become effective ten days from the date of its passage and shall be published as required by the city Charter.

The zoning ordinance previously adopted by the city prior to the adoption of the ordinance from which this appendix is derived and all amendments thereto are hereby repealed. The repeal of such ordinances shall not have the effect of releasing or relinquishing any penalty, forfeiture, or liability incurred under such ordinance, or any part thereof, and such ordinance shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action for the enforcement of such penalty, forfeiture, or liability.

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

a.

The particular shall control the general.

b.

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

c.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive, with the decision made by the planning commission, city commission, or zoning board of appeals, as indicated.

d.

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.

e.

The words "used" or "occupied" include the words "intended", "designed", or "arranged to be used or occupied"; the word "building" includes the word "structure" and any part thereof; the word "dwelling" includes the word "residence"; the word "lot" includes the words "plot" or "parcel."

f.

The word "person" includes an individual, a corporation, a partnership, an incorporated or unincorporated association, or any other entity recognizable as a "person" under the laws of the state.

g.

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", "either…or", the conjunction shall be interpreted as follows:

1.

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

2.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination (i.e. "or" also means "and/or").

3.

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

h.

The terms "abutting" or "adjacent to" include property along the lot lines of the subject site including those in another community, but do not include lands separated by a public street right-of-way.

i.

The term "this zoning ordinance" or "this ordinance" includes the City of Oak Park Zoning Ordinance and any amendments thereto.

j.

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

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access management (access control). A technique to improve traffic operations along a major roadway and decrease the potential for accidents through the control of driveway locations and design; consideration of the relationship of traffic activity for properties adjacent to, and across from, one another; and the promotion of alternatives to direct access.

Access to property, reasonable. A property owner's legal right, incident to property ownership, to access a public road right-of-way. Reasonable access to property may be indirect or certain vehicle turning movements prohibited for improved safety and traffic operations.

Accessory building, structure. A supplemental building or structure on the same parcel of land as the principal building or buildings, structure, or use of land, the use of which is clearly incidental or secondary to that of the principal building or use.

Accessory use. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located. See also "primary use."

Adequate lateral support. The control of soil movement on a site as determined by accepted engineering standards.

Adult day-care facility. A facility other than a private residence, which provides care for more than six adults for less than 24 hours a day.

Adult care facility, state-licensed. Any structure constructed for residential purposes that is licensed by the state pursuant to Public Act 218 of 1979. These acts provide for the following types of residential structures:

a.

Adult foster care small group home. A facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

b.

Adult foster care large group home. A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

c.

Adult foster care family home. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for 24 hours a day for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult entertainment regulated uses. See subsection 557a., special land use specific requirements.

Alley. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

Alteration. Any change, addition or modification in construction or type of occupancy, any change 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."

Amusement center. Any indoor or outdoor place that is maintained or operated for the amusement, patronage, or recreation of the public to include any coin-controlled amusement device of any description, commonly known as baseball, football, pinball amusements, pool tables, miniature golf course, or driving range.

Animal, domesticated. An animal that is commonly considered capable of being trained or is capable of adapting to living in a human environment and being of use to human beings, including by way of example: bird (caged), fish, turtle, rodent (bred, such as a gerbil, rabbit, hamster or guinea pig), cat (domesticated), lizard (non-poisonous), and dog. Wild, vicious, or exotic animals shall not be considered domesticated.

Animal, exotic. Any animal of a species not indigenous to the state and not a domesticated animal, including any hybrid animal that is part exotic animal.

Animal, farm animals or livestock. Horses, cattle, sheep, goats, and other domestic animals normally kept or raised on a farm. Wild, vicious or exotic animals shall not be considered livestock.

Animal, non-domesticated (wild). Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. This definition shall not include the temporary keeping of live poultry by any lawfully established live poultry market incidental to the normal course of business, or as permitted by section 14-7 of this Code.

Animal, dangerous A dangerous animal means an animal which meets any of the following criteria:

a.

Has killed a person or domestic animal or caused a person or domestic animal serious bodily injury without provocation, including, but not limited to, injuries resulting in hospital confinement or reconstructive surgery;

b.

Is owned, possessed, harbored or trained for the purpose of animal fighting; and

c.

Any animal deemed dangerous by a court of law.

Antennae, reception. See "reception antennae."

Aquifer. A geologic formation, group of formations or part of a formation capable of storing and yielding a significant amount of groundwater to wells or springs.

Arcade, game or video. The use of a building or a portion of a building for the location, operation, and placement of five or more mechanical amusement devices. Mechanical amusement devices shall mean any device, apparatus, mechanical equipment or machine operated as amusement for required compensation. The term does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption.

Arcade, pedestrian. An area contiguous to a street or plaza that is open and unobstructed to a height of not less than 12 feet and that is accessible to the public at all times. Any portion of an arcade occupied by building columns, landscaping, statuary, pools, or fountains shall be considered part of the arcade for the purpose of computing a floor-area premium credit. The term "arcade" shall not include off-street loading areas, driveways, off-street parking areas, or open pedestrian walkways. The floor of any arcade shall be level with the adjoining street or plaza.

Architectural feature, significant. Any building, structure, or portion thereof, that is sufficiently distinctive or unusual in design or construction as to warrant the preservation and minimal alteration of its original form.

Arterial street. A street defined in the master plan or city's Act 51 Plan as "major traffic routes" and/or as an arterial or major street by the state department of transportation where the movement of through traffic is the primary function, with service to adjacent land uses a secondary function.

As-built plans. Construction plans in accordance with all approved field changes.

Auto (automobile). Any motorized vehicle intended to be driven on roads or trails, such as cars, trucks, vans, and motorcycles.

Automobile gasoline station. An establishment which includes buildings and premises for the primary purpose of retail sales of gasoline. An automobile gasoline service station may also include an area devoted to sales of automotive items and convenience goods (mini-mart) primarily sold to patrons purchasing gasoline. An establishment which provides vehicle maintenance or repair is not included within this definition.

Automobile or vehicle dealership. A building or premises used primarily for the sale of new and used automobiles and other motor vehicles such as motorcycles, boats, and recreational vehicles. Such a dealership may include outdoor display and accessory indoor maintenance and repair.

Automobile repair establishment (major repair). An automotive repair establishment which may conduct, in addition to activities defined below as "minor repairs", one or more of the following: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles, major overhauling of engine requiring removal of cylinder-head or crank case pan, recapping or retreading of tires, steam cleaning and similar activities.

Automobile service establishments (routine maintenance and minor repair). A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile accessories such as tires, radios and air conditioners; wheel alignment, balancing and undercoating; but excluding tire recapping or grooving or any major mechanical repairs, collision work, or painting. An automobile maintenance/service establishment may also sell gasoline but is distinct from an automobile gasoline station.

Automobile wash. Any building or structure or portion thereof containing facilities for washing motor vehicles using production line methods with a conveyor, blower, steam cleaning device or other mechanical washing devices; and shall also include coin and attendant operated drive-through, automatic self-serve, track mounted units and similar high volume washing establishments, but shall not include hand washing operation.

Awning. A roof-like cover, often of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or the like.

Base flood. A flood event having a one percent chance of being equaled or exceeded in any one given year.

Basement. The portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Bed and breakfast inn. Any dwelling in which overnight accommodations are provided or offered for transient guests for compensation. A bed and breakfast is distinguished from a motel in that a bed and breakfast establishment shall have only one set of kitchen facilities and be architecturally consistent with surrounding homes.

Berm. A mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual and/or audible screening purposes.

Block. The property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Brewery. An establishment that produces barrels of ale or beer for on-site consumption and wholesale distribution, as allowed by the state liquor control commission.

Brewpub. An establishment that not less than 25 percent of the gross sales of the restaurant during the one-year licensure period are derived from the sale of food and nonalcoholic beverages prepared for consumption on the premises and the brewpub license is issued in conjunction with a class C, tavern, B-hotel, or A-hotel license that authorizes the licensee to brew up to 18,000 barrels of beer per calendar year for sale on the premises.

Buffer zone. A strip of land often required between certain zoning districts reserved for plant material, berms, walls, or fencing singularly or in combination to serve as a visual and noise barrier.

Building. Any structure, either temporary or permanent, having a roof and walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.

Building coverage. The percentage of the lot area that is covered by building area, which includes the total horizontal area when viewed in plan.

Building official. An individual or company hired by the city delegated to administer the city building code and city zoning ordinance.

Building division. The division charged with enforcing this ordinance. The term "building division" shall also include "planner," "planning consultant," "engineer," "engineering consultant," "building administrator," "building official," "building inspector," "director of community and economic development" or "community development director."

Building envelope. The ground area of a lot which is defined by the minimum setback and spacing requirements within which construction of a principal building and any attached accessory structures (such as a garage) is permitted by this ordinance. For condominium developments, the building envelope shall be illustrated on a site plan.

Building height. The vertical distance measured from the finished 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. Where a building is located on sloping terrain, the height shall be measured from the average grade.

Building line. A horizontal line generally parallel to a front, rear, or side lot line which is located at the point of the foundation of a principal building nearest to the front, rear, or side lot line.

Building permit. An authorization issued by the building official to move, erect or alter a structure within the city.

Building, principal. A building in which is conducted the principal uses of the lot on which such building is located.

(Ord. No. O-22-719, § 1, 3-7-22)

Caliper. The diameter of a trunk measured as follows:

a.

Existing trees are measured at four and one-half feet above the average surrounding grade; and

b.

Trees which are to be planted shall be measured 12 inches above the average surrounding grade if the tree caliper is more than four inches, or if the tree caliper is less than four inches, it shall be measured at six inches above the average surrounding grade.

Canopy. With reference to structures, a rooflike cover, including an awning, that projects from the wall of a building over a door, entrance, or window; or a free-standing or projecting cover above an outdoor service area, such as at a gasoline service station.

Caretaker (living quarters). An independent residential dwelling unit or living area designed for and occupied by no more than two persons, where at least one is employed to provide services or to look after goods, buildings, or property on the parcel on which the living quarters are located.

Carport. A shelter for vehicles consisting of a roof extended from a wall of a building or a partially open structure consisting of a roof and possibly walls.

Cemetery. Land used or intended to be used for burial of the human dead and dedicated for such purposes. Cemeteries include accessory columbaria and mausoleums but exclude crematories.

Certificate of zoning compliance. A document signed by the designated city official as a condition precedent to the commencement of a use or the construction/reconstruction of a structure or building which acknowledges that such use, structure or building complies with the provisions of this ordinance.

Child care organization. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Act No. 116 of the Public Acts of 1973 and the associated rules promulgated by the state department of social services. Such care organizations are classified below:

a.

Child care center or day-care center. A facility other than a private home, receiving more than six preschool or school age children for group day-care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.

The facility is generally described as a child care center, day-care center, day nursery, preschool, nursery school, parent cooperative preschool, play group, or drop-in center. "Child care center" or "day-care center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

b.

Foster family home. A private home in which at least one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

c.

Foster family group home. A private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

d.

Family day-care home. A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

e.

Group day-care home. A private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

City attorney. The duly licensed person or firm employed by the city council and representing the city in legal matters.

City council. The City of Oak Park City Council.

City engineer. The duly licensed person or firm employed by the city and representing the city in engineering matters such as drainage, grading, paving, storm water management and control, utilities, and other related site engineering and civil engineering issues.

City planner. The person or firm employed by the city and representing the city in planning, zoning and development related matters.

Clerk. The clerk of the City of Oak Park.

Clinic, medical or dental. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients but may not include facilities for overnight patient care or major surgery.

Club or fraternal organization. An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit. The facilities owned or used by such organization may be referred to as a "club" in this ordinance.

Cocktail lounges. An establishment primarily engaged in the serving of alcoholic beverages for consumption on the premises. While the service of food may be incidental to the primary purpose, the establishment is not a restaurant. Cocktail lounges often feature a full bar, seating areas designed for socializing and relaxation and may offer entertainment such as live music or DJs. The use encompasses a range of establishments, from traditional bars to more specialized craft cocktail venues.

Colonnade. A row of columns at regular intervals supporting a roof, entablature, or arcade.

Co-location. Location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, to reduce the overall number of structures required to support wireless communication antennas within the city.

Commercial recreational facilities. Recreation facilities operated as a business and open to the general public for a fee.

Indoor facilities. A recreational structure or place which is built, installed, or established to serve a particular indoor purpose including, but not limited to bowling alley, arcade, ice rink, court sports, trampoline/bounce centers, and similar uses.

Outdoor facilities. A structure or place which is built, installed, or established to serve a particular outdoor purpose. Mini-golf, amusement parks, driving range, tennis courts, and similar uses.

Commercial use. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee for more than seven days during a calendar year.

Commercial vehicle. Any vehicle bearing or required to bear commercial license plates, and which falls into one or more of the categories listed below:

a.

Truck tractor.

b.

Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures.

c.

Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction-oriented contractors.

d.

Tow trucks.

e.

Commercial hauling trucks.

f.

Vehicle repair service trucks.

g.

Snow plowing trucks.

h.

Any other vehicle with a commercial license plate having a gross vehicle weight in excess of 10,000 pounds or a total length in excess of 22 feet.

Common elements. The portions of the condominium project other than the condominium units are defined as follows:

a.

General common elements means and includes:

1.

The land in the condominium project.

2.

The foundations, main walls, roofs, halls, lobbies, stairways entrances, exits, or communication ways.

3.

The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;

4.

The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated.

5.

The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air conditioning, reservoirs, water tanks, and pumps and the like.

6.

The elevators, incinerators and, in general, all devices or installations existing for common use.

7.

All other elements of the condominium project owned in common and intended for common use or necessary to the existence, upkeep and safety of the project.

b.

Limited common elements means and includes those common elements which are reserved in the master deed for the exclusive uses of less than all of the co-owners.

Common land. A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and/or occupants of individual building units in a subdivision or a planned unit development.

Common open space. An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners and occupants, and generally owned and maintained in common by them, often through a homeowner's association.

Community center. A building to be used as a place of meeting, recreation, or social activity and not operated for profit and in which alcoholic beverages are not normally dispensed or consumed.

Condominium. A system of separate ownership of individual units and/or multi-unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.

Condominium act. Michigan Act 59 of 1978, as amended.

Condominium, consolidating master deed. The final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed. See also "condominium, master deed."

Condominium, contractible. A condominium project from which any portion of the submitted land or building may be withdrawn in pursuant to express provisions in the condominium documents and in accordance with this Code and the Condominium Act, Act 59 of the Public Acts of 1978, as amended.

Condominium, conversion. A condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.

Condominium, convertible area. A unit or a portion of the condominium referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provisions in the condominium documents and in accordance with this Code and the Condominium Act.

Condominium, expandable. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Code and the Condominium Act.

Condominium, general common element. The common elements other than the limited common elements. See also "common elements."

Condominium, limited common element. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners. See also "common elements."

Condominium, master deed. The condominium document recording the condominium project as approved by the community development director to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project. See also" condominium, consolidating master deed."

Condominium, project. The equivalent to "subdivision," as used in this ordinance and the subdivision regulations.

Condominium project, mobile home. A condominium project in which mobile or manufactured homes are intended to be located upon separate sites which constitute individual condominium units.

Condominium setbacks. Setbacks shall be measured as follows:

a.

Front yard setback. The distance between the public street right-of-way or private road easement line and the foundation of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from 15 feet from the nearest pavement edge to the foundation of the unit.

b.

Side yard setback. The distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two units shall be double the side yard setback required in the zoning district.

c.

Rear yard setback. The perimeter shall be the distance between the limit of the development and the rear of the unit; within the development, rear yard setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or where lot lines are not defined, the space between the rear building lines of two buildings shall be double the rear yard setback required in the zoning district.

Condominium, site condominium project. A condominium project designed to function in a similar manner, or as an alternative to, a platted subdivision. A residential site condominium project shall be considered equivalent to a platted subdivision for purposes of regulation of this ordinance.

Condominium subdivision plan. The site, survey and utility plans, and sections as appropriate showing the existing and proposed structures and improvements including the location thereof on the land. The condominium subdivision plan shall show the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location, and approximate size of common elements and any other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.

Condominium unit. That portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

Condominium unit site. The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium unit site shall become a limited common element. The term ''condominium unit site" shall be equivalent to the term ''lot," for purposes of determining compliance of a site condominium subdivision with provisions of this ordinance pertaining to minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratio.

Contractor yard. A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor's yard may include outdoor storage, or a combination of both.

Convalescent home or nursing home. A nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of 1985, as amended, being MCL §§ 36.1—36.12, which provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury, or infirmity. See also "senior housing."

County drain commission. The Oakland County Drain Commission.

County health department. The Oakland County Health Department.

County road commission. Road Commission of Oakland County.

Court. An open space bounded on two or more sides by a building or buildings.

Crematory/crematorium. A location containing properly installed, certified apparatus intended for use in the act of cremation.

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.

Curb cut. The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

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

Day-care center. See "child care organization."

Deceleration lane. An added roadway lane that permits vehicles to slow down and leave the main vehicle stream before turning.

Deck. A platform, commonly constructed of wood, which may or may not be attached to a house and which used for outdoor leisure activities.

Dedication. The intentional appropriation of land by the owner to public use.

Density. The number of dwelling units situated on or to be developed per net or gross acre of land.

Detention basin or facility. A man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or man-made outlets.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. A development may include a site plan, a plot (building) plan, a condominium plan, a plat or a manufactured housing community.

Diameter at breast height (dbh). The diameter measured at a height of four and one-half feet above the natural grade.

Distillery. License issued by the commission to manufacture spirits. The distiller must be located in Michigan. The Commission acts as the wholesaler of spirits and resells to state retailer licensees. A distiller may sell products it manufactures directly to consumers in an approved tasting room located on the manufacturing premises that has been issued an on-premises tasting room permit for consumption on or off the premises and may sell or give away samples of products it manufactures for consumption on the premises in an approved tasting room.

Distribution center (distribution warehouse). A warehouse where goods are received or stored for delivery to the ultimate customer at remote locations.

District, zoning. An area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations, and other appropriate regulations.

Drainageways and streams. Existing permanent or intermittent watercourses.

Drive-in. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, including customer communication facilities for banks or other uses. A drive-in restaurant is distinct from a drive-through restaurant in that the majority of drive-in patrons consume food and beverages while in the vehicle and parked on the premises.

Drive-through window facilities. A building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service

Dumpster or waste receptacle. Any accessory exterior container used for the temporary storage of rubbish, pending collection recycling stations and exterior compactors shall be considered to be dumpsters or waste receptacles.

Dwelling unit. A building, or enclosed structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. Dwelling units may be constructed and classified as part of different developments as defined below:

Dwelling unit, attached. A dwelling unit attached to one or more dwelling units by common major structural elements.

Dwelling unit, condominium. A single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Dwelling unit, detached. A dwelling unit which is not attached to any other dwelling unit by any means.

Dwelling unit, efficiency apartment. A dwelling unit of not more than one room in addition to a kitchen and a bathroom.

Dwelling unit, manufactured. A dwelling unit which is substantially built, constructed, assembled, and finished off the premises upon which it is intended to be located.

Dwelling unit, multiple-family. A building designed exclusively for, and containing three or more dwelling units.

Dwelling unit, single-family. A detached building designed exclusively for, and containing one dwelling unit only.

Dwelling unit, site built. A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site built dwelling units include dwelling units constructed of precut materials and panelized wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.

Dwelling unit, two-family or duplex. A detached building designed exclusively for and containing two dwelling units only.

(Ord. No. O-22-719, § 1, 3-7-22; Ord. No. O-25-739 meeting, § 1, 5-19-25)

Easement. A right-of-way granted, but not dedicated, for limited use of private land for private, public or quasi-public purpose, such as for franchised utilities, a conservation easement or an access easement for a private road or service drive, and within which no permanent structures may be erected.

Endangered species habitat. An area where a plant or animal listed as an endangered species by state or federal agencies naturally grows or lives or identified habitat sites designated on the Michigan Natural Features Inventory.

Environmental contamination. The presence or release of a hazardous substance or other substance in a quantity that is or may become injurious to the environment or to the public health, safety, or welfare.

Erected. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for the construction. Excavation, fill, drainage and the like shall be considered a part of erection.

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

Existing use. The use of a lot, parcel, or structure existing prior to the effective date of this ordinance.

Event facility. A commercial facility used for the hosting of events such as, but not limited to, weddings, parties, or meetings.

Façade. The exterior wall of a building facing the front yard or in the case of lots with multiple frontages, the primary frontage.

Family. One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from persons occupying a boarding house, lodging house or hotel.

Family day-care home. See "child care organization" or "adult foster care facility."

Family foster care home. See "adult foster care facility or "child care organization."

Fence. An accessory structure constructed of wood, masonry, stone, wire, metal or any other material or combination of materials approved by the building division, intended for use as a barrier to property ingress or egress, a screen from objectionable vista, noise, and/or for decorative use.

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

Filling. The depositing or dumping of any matter onto, or into, the ground, except common household gardening and ground care.

Financial services. Establishments such as banks, savings and loan institutions, credit unions, brokerage houses, check cashing business, and similar establishments.

Fitness center or health club. A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors or specialists in sports medicine. As defined herein, "personal fitness center" shall not include spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard area. Land which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, and may include a flood hazard boundary-floodway map.

Floodplain. Land at a specified elevation subject to periodic flooding that has been defined by the Federal Emergency Management Agency (FEMA) as flood hazard areas (i.e. lands within the 100-year flood boundary) in the flood insurance study for the city.

Floodway. The channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood.

Floor area, gross or total. The sum of all gross horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed porches, courtyards, or patios shall not be considered as part of the gross area except where they are utilized for commercial purposes such as the outdoor sale of merchandise.

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

Floor area, useable. For the purposes of computing parking requirements, the useable floor area shall be considered as that area 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, stairways, and elevator shafts, or for utilities for sanitary facilities, shall be excluded from this computation of useable floor area. Useable floor area shall be measured from the interior faces of the exterior walls, and total useable floor area for a building shall include the sum of the useable floor area for all floors.

Foot candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

Foster family home and foster family group home. See "child care organization" or "adult foster care facility."

Frontage. The linear dimension measured along the public street right-of-way line or along the private road access easement.

Frontage, primary. The primary frontage applies to parcels that front on more than one street. The primary frontage shall be considered the property line that abuts the street onto which the majority of principal structures face within 500 feet of the subject site, subject to zoning administrator's approval.

Frontage, secondary. Applies to parcels that front on more than one street. The secondary property lines are those which are not the primary frontage.

Frontage road. A public or private drive which generally parallels a public street between the right-of-way and the front building setback line. Frontage roads can be one-way or bidirectional in design. The frontage road provides specific access points to private properties while maintaining separation between the arterial street and adjacent land uses. A road which allows parking or is used as a maneuvering aisle within a parking area is generally not considered a frontage road.

Funeral home or mortuary establishment. An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held. A funeral home or mortuary establishment shall not include crematoria.

Garage, (also carport) private or public. An accessory building or portion of a principal building designed or used solely for the storage of motor vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.

Garden center. An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

Glare. The effect produced at the lot line by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course. A public or private open area of fairways, greens and rough and may include a clubhouse and related accessory uses provided that all structures and activities shall be an integral part of the intended main recreational land use. Further, all clubhouses, restaurants, pro-shop facilities, etc., shall be secondary in nature to the golf course and may not be continued if the principal golf course activity shall cease or become the minor activity of the facility.

Grade, average. The arithmetic average of the lowest and highest-grade elevations in an area within six feet of the foundation line of a building or structure.

Grade, finished. The lowest point of elevation between the exterior wall of the structure and a line six feet from the exterior wall of the structure.

Grade, natural. The elevation of the ground surface in its natural state, before construction begins.

Greenbelt. A landscaped area between the property line and the front yard building or parking setback line, this area also includes a front yard parking lot setback area.

Ground cover. The herbaceous plants that grows over an area of ground.

Group day-care home. See "child care organization" or "adult care facility."

Group living. See "adult care facility."

Group foster care home. See "child care organizations" or "adult care facility."

Hard surface. Hard surfaces consist of asphalt or concrete meeting the construction specifications of the city.

Hazardous substance. A chemical or other material that is or may become injurious to the public health, safety, or welfare, or to the environment. The term "hazardous substance" includes, but is not limited to, any of the following:

a.

Hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96.510, 94 State. 2767.

b.

Hazardous waste as defined in Part 111 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

c.

Regulated substance as defined in Part 213 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

d.

Hazardous Substance as defined in Part 201 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

e.

Used oil.

f.

Animal waste or byproducts, or carcasses.

Historical feature, significant. Any site or structure which is located in a designated local historic district or listed in the state or national register of historic places.

Home occupation. An occupation, activity or hobby that is traditionally or customarily carried on within the walls of a dwelling unit, such as sewing, millinery and similar domestic crafts, instruction in a craft or fine art, offices of self-employed professionals, sales representatives and the like, and educational tutoring (e.g. music lessons and tutoring of students), provided that such traditional or customary home occupations meet all of the following criteria to be a permitted use:

a.

Home occupations shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.

b.

The use shall be conducted entirely within a dwelling and shall be carried on by no more than two employees who are family members and/or occupants of the dwelling, and no others.

c.

Not more than 25 percent of the total floor area shall be devoted to the incidental home occupation.

d.

There shall be no sales of products or goods on the premises, except as otherwise provided for in this section.

e.

No space within the principal building shall be designed or arranged so it requires any internal or external alterations or construction features, equipment, machinery or materials (either by color, materials or construction, lighting, sound or noise vibration or electrical interference, etc.) not customary in residential areas or residential dwellings.

f.

The use shall not generate pedestrian or vehicular traffic beyond that customary to districts in which located.

g.

The home occupation shall not involve the use of commercial vehicles for delivery of material to or from the premises.

h.

No accessory building or area outside the principal building shall be used for such purposes.

i.

There shall be no use of utilities or community facilities beyond that typical to the use of the property for residential purposes.

j.

Home occupations shall not include being a primary caregiver under the Michigan Medical Marihuana Act of 2008.

Hospital. An institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including the related facilities such laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are integral parts of the facilities.

Hotel. A series of attached, semidetached, or detached rental units which provide lodging on a temporary basis and are offered to the public for compensation. The term "hotel" shall include tourists' cabins and homes, motor courts, and motels. A hotel shall not be considered or construed to be a multiple-family dwelling.

(Ord. No. O-22-719, § 1, 3-7-22; Ord. No. O-25-739 meeting, § 1, 5-19-25)

Incinerator facilities. A facility that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil or municipal solid waste, not including animal or human remains.

Impact assessment. An assessment of the ecological, social, economic, and physical impacts of a project on and surrounding the development site.

Impervious surface. A man-made material which covers the surface of land and substantially reduces the infiltration of storm water to a rate of five percent or less. Impervious surface shall include, but not limited to pavement, buildings, structures, decks, patios, gazebos, and pools.

Industrial, heavy. The basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industrial, light. The manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Industrial park. A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

In-home office. Meeting the same conditions as a home occupation, an office utilized by members of a family residing on the premises, and conducted entirely within the dwelling, for an occupation where no customers or clients are seen at the office.

Joint off-premises tasting room license. License issued by the commission to a person that holds a wine maker, small wine maker, brandy manufacturer, distiller, and/or small distiller license to operate an approved tasting room located off the manufacturing premises where the licensee manufactures its products jointly with one or more other licensees holding wine maker, small wine maker, brandy manufacturer, distiller, and/or small distiller license and also licensed with a joint off-premises tasting room license at the same location. A licensee may have up to five joint off-premises tasting room licenses (including any off-premises tasting room licenses) where it may sell and serve full drinks of its wine, brandy, or spirits products for consumption on the premises and may sell or give away samples of any size for consumption on the premises. A licensee may have an unlimited number of joint off-premises tasting room licenses where it may sell or give away samples of wine, brandy, or spirits in limited quantities per sample: three ounces of wine per sample and one-half ounce of brandy or spirits per sample. The licensee may sell wine, brandy, or spirit products to consumers for off-premises consumption at any of its joint off-premises tasting room licensed locations. Each licensee with joint off-premises tasting room license at the same licensed location must hold the same permits and approvals.

Junk. Any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

Junkyard. See "salvage yard."

Kennel, commercial. Any lot or premises on which more than three pets (but not including wild, vicious or exotic animals), four months of age or older, are kept, either permanently or temporarily, for the purposes of breeding, boarding, training, sale, protection, hobby or transfer.

Laboratory. An establishment devoted to research and experimental studies, including testing and analyzing, but not including manufacturing of any nature.

Landfill. A tract of land that is used to collect and dispose of "solid waste" as defined and regulated in Michigan Public Act 641 of 1979, as amended.

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

Lot. A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records. For purposes of meeting the dimensional standards of this ordinance, a lot does not include public rights-of-way or private road easements but does include access easements for a service drive. A lot may be a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, contiguous portions of lots of record, a parcel of land described by metes and bounds or a condominium lot. Note: A separate definition is provided for site condominiums.

Lot area, gross. The area contained within the lot lines or property boundary including street right-of-way if so included.

Lot area, net. The total area of a horizontal plane within the lot lines of a lot, exclusive of any public street rights-of-way or private road easements, or the area of any lake. The lot area shall be used in determining compliance with minimum lot area standards. See definition for "density."

Lot area, net buildable. The net lot area less areas devoted to floodplains or surface water bodies; water bodies being defined as areas greater than five acres in size (either before or after project implementation) which are periodically or permanently covered with water.

Lot, corner. Any lot having at least two contiguous sides abutting upon one or more streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting a curved street(s) shall be a corner lot if the arc has a radius less than 150 feet.

Lot, coverage. The part or percent of a lot occupied by buildings and accessory buildings.

Lot, depth. The horizontal distance between the front and rear lot lines, measured along the midpoint between side lot lines.

Lot, flag. A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

Lot frontage. The length of the front lot line.

Lot, interior. A lot other than a corner lot which, with the exception of a "through lot," has only one lot line fronting on a street.

Lot line. A line bounding a lot, parcel, or general common element if there is no limited common element, which separates the lot, parcel, or general common element if there is no limited common element, from another lot, parcel, general common element if there is no limited common element, existing street right-of-way, approved private road easement, or ordinary high water mark.

Lot line, front. The lot line which separates the lot from the existing street right-of-way or approved private road easement that provides access to the lot. In the case of a corner lot or through lot, the line separating such lot from that street which is designated as the primary frontage in the plat and the request for zoning compliance permit.

Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, it means an imaginary line ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot, nonconforming. A lot of record which does not meet the dimensional requirements of this ordinance.

Lot of record. A tract of land which is part of a subdivision shown on a plat or map which has been recorded in the county office of the register of deeds; or a tract of land described by metes and bounds which is the subject of a deed or land contract which is likewise recorded in the office of the register of deeds. When two lots in a recorded plat have been combined into a single building site, said lots shall be deemed a single lot of record for the purposes of this ordinance.

Lot, through (also called a double frontage lot). An interior lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the primary frontage in the plat and the request for zoning compliance permit.

Lot width. The horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line.

Lot, zoning. A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot shall satisfy this ordinance with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record, or portions thereof.

(Ord. No. O-22-719, § 1, 3-7-22)

Manufactured housing. A dwelling unit which is designed for long-term residential use and is wholly or substantially constructed at an off-site location. Manufactured housing includes mobile homes and modular housing units.

Manufactured housing or mobile home park. A parcel or tract of land under the control of a person, group or firm upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

Massage. Treatment of external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, adjusting or tapping with the hand or any instrument, electric, magnetic or otherwise, with or without supplementary aids.

Massagist. Any person who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, or manipulation of the body or other similar procedure

Massage facility. Any place where a massage, and/or an alcohol rub, fomentation, bath, physiotherapy, manipulation of the body of similar treatment is given on occasion or incidental to its principal operation.

Master deed, and consolidating master deed. See "condominium, master deed."

Master plan. The City of Oak Park Master Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof, as adopted by the city planning commission and accepted by city council.

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

Microbrewery or microbrewer. A licensed premise that manufactures in total less than 60,000 barrels of beer per year and that may sell the beer manufactured to consumers at the licensed brewery premises for consumption on or off the licensed brewery premises and to retailers.

Mini- or self-storage warehouse or facility. A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of customer's goods or wares.

Mobile home. A structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. A mobile home shall not include modular homes, motor homes, or travel trailers.

Modular home. A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed and assembled for permanent location on the lot.

Motel. A series of attached, semi-detached, or detached rental units containing a bedroom, bathroom and closet space which provide for overnight lodging and are offered to the public for compensation and cater primarily to the public traveling by motor vehicle. A motel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

Motor freight. A building for handling and temporary storage of freight pending transfers between locations. A terminal does not store goods, rather is devoted to the transportation of goods.

Natural features. Features including soils, wetlands, floodplain, water bodies, topography, vegetative cover, and geological formations.

Non-conforming building or structure. A building or portion thereof, existing at the effective date of this ordinance, as amended, and that does not currently conform to the provisions of this ordinance in the district in which it is located.

Non-conforming lot. A lot lawfully existing at the effective date of this ordinance, or amendments thereto, that does not currently conform to the dimensional standards for the district in which it is located.

Non-conforming use. A use which lawfully occupied a building or land at the effective date of this ordinance, as amended, and that does not currently conform to the use regulations of the district in which it is located.

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

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

Nursing, assisted living. A facility established for profit or nonprofit, which provides nursing/assisted care and related medical services on a 24-hour per day basis to two or more individuals because of illness, disease, or physical or mental infirmity. Provides care for those persons not in need of hospital care.

Obscuring screen. A visual barrier between adjacent areas or uses. The screen may consist of structures, such as a wall or fence, or living plant material.

Occupancy, change of. A discontinuance of an existing use and the substitution of a use of a similar or different kind or class, or the expansion of a use.

Occupied. Used in any manner at the time in question.

Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Offset. The distance between the centerlines of driveways or streets across the street from one another.

Off-premises tasting room license. License issued by the commission to a person that holds a wine maker, small wine maker, brandy manufacturer, distiller, and/or small distiller license to operate an approved tasting room located off the manufacturing premises where the licensee manufactures its products. The premises of off-premises tasting room license must be under the control of the licensee and may not be operated in conjunction with a retailer-tier licensee. A licensee may have up to five off-premises tasting room licenses (including any joint off-premises tasting room licenses) where it may sell and serve full drinks of its wine, brandy, or spirits products for consumption on the premises and may sell or give away samples of any size for consumption on the premises. A licensee may have an unlimited number of off-premises tasting room licenses where it may sell or give away samples of wine, brandy, or spirits in limited quantities per sample: three ounces of wine per sample and one-half ounce of brandy or spirits per sample. The licensee may sell wine, brandy, or spirit products to consumers for off-premises consumption at any of its off-premises tasting room licensed locations.

Off-street parking lot. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles.

Open window food establishment. A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure, such as ice cream and yogurt restaurants serving to patrons through a walk-up window. The term "open front" shall not include automobile repair establishments or automobile service stations. See also "restaurant."

Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, lawns, decorative planting, walkways, gazebos, active and passive recreation areas, playgrounds, fountains, swimming pools, woodlands, wetlands and water courses. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel but may include a recreational clubhouse or recreation center.

Outdoor display, sales, or storage. Outdoor display, sales, or storage that is accessory to a permitted commercial use or a business operated substantially outside of any building, including: retail sales of garden supplies and equipment (including but not limited to, trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture); sale of building and lumber supplies; automobiles, recreational vehicles, boats, mobile homes, garages, swimming pools, playground equipment, mowing equipment, farm implements, construction equipment and similar materials or equipment; rental and leasing establishments; and year-round flea markets farmer's markets, roadside stands, and auctions.

Parapet wall. An extension of a building wall above the roof which may serve to screen roof-mounted mechanical equipment.

Parcel or tract. A continuous area of acreage of land which can be described as provided for in the Michigan Land Division Act.

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

Parking space. An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and which is accessible for the parking of permitted vehicles.

Pawnshop. Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loads or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

Performance guarantee. A financial guarantee to ensure that all improvements, facilities, or work required by this ordinance will be completed in compliance with the ordinance, regulations and the approved plans and specifications of a development.

Person. Any individual, partnership, corporation, trust, firm, joint stock corporation, association or other organization; any governmental body including federal, state, county or local agencies.

Personal services establishment. A business providing personal services to patrons including but not limited to small electronics and appliance repair shops; shoe repair; dressmakers and tailors; hair styling, piercing, and tanning salons; licensed massage and tattoo parlors; travel agencies; and decorating and upholstery shops.

Pet. A household pet, including dogs, cats, rabbits, fish, birds, hamsters, certain reptiles, and other animals generally regarded as household pets.

Pet boarding facility. A facility for the daily observation and care of dogs, cats, or other household pets, but not including farm animals or livestock, which may provide ancillary services such as grooming and training, adoption and rescue, but not breeding. The facility may be operated for profit and may offer overnight stays but does not include the long-term raising of animals more commonly associated with a kennel.

Petitioner, applicant or developer. A person, as defined herein, who may hold any recorded or unrecorded ownership or leasehold interest in land. This definition shall be construed to include any agent of the person.

Place of worship. A building, the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses.

Planned unit development. A form of land development comprehensively planned as a single development which permits flexibility in building, siting, useable open spaces, and the preservation of significant natural features. A PUD may contain a mix of housing types and non-residential uses.

Planning commission. The City of Oak Park Planning Commission, as duly created under the Michigan Planning Enabling Act, Act 33 of 2008.

Plat. A map or chart of a subdivision of land which has been approved with the Michigan Land Division Act, Michigan Public Act 288 of 1967, as amended.

Playscape. A set of playground equipment that is designed in an integrated pattern.

Poolroom or billiard hall. An establishment wherein the substantial or significant portion of all useable floor area is devoted to the use of pool or billiard tables. See "recreation facility (indoor)".

Ponds and lakes. Natural or artificial impoundments that retain water year-round.

Portable structures. Trailers, moving pods, or similar type of structures designated and used for hauling and/or storing inventory, merchandise or equipment and not designated to be a permanent structure. Other portable structures are used for temporary or seasonal all-weather shelters, such as canopies or tents (under 400 square feet), auto carports or garages, Sukkot (Succah, Sukkah) used during religious holidays, or any similar type of structures able to be easily carried or moved and not designated to be permanent structures.

Primary containment facility. A tank, pit, container, pipe, or vessel for first containment of a hazardous substance.

Primary use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur. See also "accessory use."

Principal building or structure. A building or structure in which is conducted the primary use of the lot upon which it is situated.

Principal use. The primary use to which the premises are devoted and the purpose for which the premises exist.

Public and quasi-public institutional buildings, structures, and uses. Buildings, structures, and uses of governmental agencies and nonprofit organizations including, but not limited to, office buildings, police stations, fire stations, municipal parking lots, post offices, libraries, museums, and community centers.

Public open space. Any primarily undeveloped land, intended for passive recreational pursuits, within the jurisdiction and control of a governmental agency.

Public park. Any developed land intended for active recreational pursuits, within the jurisdiction and control of a governmental agency.

Public utility. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, public water, telephone lines, cable television services, communication, telegraph, and construction and maintenance of streets.

(Ord. No. O-22-719, § 1, 3-7-22)

Reception antenna. An exterior apparatus capable of receiving communications for radio or television purposes including satellite dishes and other satellite reception antennae but excluding facilities considered to be essential public services or those preempted from city regulation by applicable state, Federal Communication Commission (FCC), or federal laws or regulations.

Recognizable and substantial benefit. A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses(s). Such benefits may include long-term protection or preservation of natural resources and natural features, historical features, or architectural features; and elimination of or reduction in the degree of nonconformity of a non-conforming use or structure.

Recreational equipment and vehicles. Portable structures, machines or devices, self-propelled or towable by another vehicle, capable of moving upon the highways without special movement permits; primarily designed, constructed or modified to provide temporary living quarters or for recreational camping, or travel use and such trailers and other devices as shall be primarily intended for such transporting of all such structures, machines, or devices. Motorcycles, bicycles, minibikes and such vehicles as jeeps, four-wheel drives and pickup trucks with attached cabs which do not exceed the roofline of the vehicle are specifically excluded from the provisions of this ordinance. This does not include a temporary building, structure or use, permitted to exist during periods of construction of the principal building, structure or use. Recreational equipment and vehicles include but are not limited to:

a.

Travel trailer. A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" or a "fifth wheel" by the manufacturer. Travel trailers generally include self-contained sanitary, water, and electrical facilities. On an industry-wide basis, this type of recreational vehicle is classified as a non-motorized recreational vehicle.

b.

Pickup camper. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses. On an industry-wide basis, this type of recreational vehicle is classified as a non-motorized recreational vehicle.

c.

Motor home. A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities. On an industry-wide basis, this type of recreational vehicle is classified as either a class A or class B recreational vehicle. A class A or bus type recreational vehicle has the luggage compartment below the living quarter. The class C recreational vehicle is a van with the bed over the cab and is much larger than a passenger van due to the bed over the cab.

d.

Van/camper. A is a recreational vehicle intended for temporary human habitation, sleeping and/or eating. This class of recreational vehicles includes conversion vans and camper vans which may contain refrigerator as well as water and electrical facilities. This class closely resembles passenger vans, but some models may be taller to allow for extra head room. On an industry-wide basis, this type of recreational vehicle is classified as a class B recreational vehicle.

e.

Folding tent trailer. A folding structure, mounted on wheels and designed for travel and vacation use.

f.

Boats and boat trailers. Boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

g.

Other recreational equipment includes snowmobiles, jet skis, all terrain or special terrain vehicles, utility trailers, plus the normal equipment used to transport them on the highway.

Recreation facility (indoor). An establishment which provides indoor exercise facilities and/or indoor court and field sports facilities, and which may include spectator seating in conjunction with the sports facilities such as skating rinks, swimming pools, indoor golf facilities and bowling alleys. Auditoriums and stadiums are not included.

Recreation facility (outdoor). A publicly or privately owned facility designed and equipped for the conduct of sports activities and other customary recreational activities outside of an enclosed building such as, but not limited to tennis courts, swimming pools, archery ranges, golf courses, miniature golf courses, golf driving ranges, skating rinks, baseball fields, batting cages, soccer fields, and campgrounds.

Recycling center. A building in which used material is separated and processed prior to shipment to for use in the manufacturing of new products. A recycling center is distinct from a junkyard or a salvage yard.

Regulated uses. Any establishment, other than adult entertainment regulated uses, that are declared to be potentially detrimental and to have the possible effect of downgrading and blighting the surrounding neighborhood, particularly when concentrated in one area. For the purpose of this Ordinance, the types of regulated uses are the following:

a.

Pawnbrokers or pawnshops.

b.

Establishments with SDD and SDM licenses from the Michigan Liquor Control Commission.

Restaurant. Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant, or combination thereof, as defined below:

a.

Restaurant, carry-out. A business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

b.

Restaurant, drive-in. A business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building. A drive-in restaurant may also have interior seating.

c.

Restaurant, drive-through. A business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.

d.

Restaurant, fast-food. A business establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.

e.

Restaurant, open window. See "open window food establishment."

f.

Restaurant, standard. A business establishment whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

g.

Restaurants serving alcoholic liquor. Establishments serving alcoholic liquor for consumption on the premises may be permitted in certain districts subject to conditional land use approval.

Retail businesses with adult novelty items. An establishment having less than ten percent of all usable interior, retail, wholesale, or warehouse space dedicated to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items, including adult novelty items as defined in subsection 557a, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined and regulated under subsection 557a, adult entertainment regulated uses. If an establishment has ten percent or more of all usable interior, retail, wholesale, or warehouse space dedicated as provided above, such use is subject to the regulations in subsection 557a.

Retail store. Any building or structure in which goods, wares, or merchandise are sold to the consumer for direct consumption and not for resale.

Retention basin. A pond, pool, or basin used for the permanent storage of storm water runoff.

Right-of-way. A street, alley or other thoroughfare or easement intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other facility or use, permanently established for passage of persons or vehicles and under the legal authority of the agency having jurisdiction over the right-of-way.

Riparian. Relating to or living or located on the bank of a natural watercourse, such as a river or lake.

(Ord. No. O-22-719, § 1, 3-7-22)

Salvage. Material to be used for further use, recycling, or sale.

Salvage yard or junk yard. Any principal or accessory use where salvage or its component parts are bought and sold, exchanged, stored, baled, packed, disassembled, separated, or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A "salvage yard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. The term "salvage yard" does not include drop-off stations for residential recyclables.

Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured; is in the shape of a shallow dish, parabola, cone or horn. Such a device shall be used to transmit and/or receive television, radio, or other electromagnetic communication signals between terrestrially and/or extra terrestrially based sources. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, TVRO's (television reception only satellite antennas), and satellite microwave antennas.

Screening. The method by which a view of one site from an adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Secondary containment facility. A second tank, catch basin, pit, or vessel that limits and contains a liquid or hazardous substance leaking or leaching from a primary containment area. Containment systems shall be constructed of materials of sufficient thickness, density and composition to prevent future environmental contamination of land, ground water or surface water.

Senior housing. Housing constructed for the exclusive use of an individual 55 years of age or older, or for a couple where at least one of the individuals is over the age of 55. Senior housing may include the types of facilities listed below.

a.

Senior apartments (independent care). Multiple-family dwelling units where occupancy is restricted to persons 55 years of age or older.

b.

Congregate care facilities or assisted living housing. A semi-independent, assisted living, housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

c.

Dependent housing facilities. Facilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

Service drive. A drive which generally parallels the public right-of-way but runs along the back of a land use which fronts on the public street. A service drive may provide access to properties on both sides and vary in width and design.

Setback, required. The required minimum horizontal distance between a front, rear, or side lot line and a building line, for the purpose of defining limits within which no building or structure, or any part thereof, shall be erected or permanently maintained. Separate definitions for condominium projects are listed under "condominium, setbacks."

Setback, parking lot. The minimum horizontal distance between the street right-of-way or property line and the near edge of a parking lot, excluding necessary and/or approved driveways, frontage roads and landscaping areas. This setback shall remain as open space as defined herein, unless otherwise provided for in this ordinance.

Sewer. A public sanitary sewage disposal system approved by the state department of public health.

Shopping center. A grouping of two or more business establishments developed in accordance to an overall plan and designed and built as an interrelated project. Buildings constructed on out lots shall not be considered part of the shopping center unless access and parking easements are provided. See also "supercenter" and "supermarket".

Significant natural, historical, and architectural features. Significant architectural features, drainageways and streams, endangered species habitat, floodplains, hedgerows, significant historical features, landmark trees, ponds and lakes, steep slopes, wetlands, and woodlots.

Sight distance. The length of roadway visible to the driver. Generally related to the distance or time (perception/reaction time) sufficient for the driver to execute a maneuver (turn from driveway or side street, stop or pass) without striking another vehicle or object in the roadway. Required sight distance shall be based on the standards of the county road commission.

Sign. See definitions in article IV, division 4, signs.

Sill. Horizontal piece of a frame, generally made out of wood, for a window or door.

Site condominium. See "condominium, site condominium project."

Site plan. A scaled drawing(s) illustrating existing conditions and containing the elements required herein as applicable to the proposed development to ensure compliance with zoning provisions.

Small manufacturing and processing establishment. An establishment where shared or individual tools, equipment, machinery are used to make or grow products on a small scale, including design, production, processing, printing, assembly, treatment, testing, repair, packaging as well as incidental storage, retail or wholesale sales and distribution of products. Included, but not limited to, making of electronics, food products, prints, leather products, jewelry, clothing/apparel, metal work, furniture, glass, ceramic, and craft beverages. Small scale establishments must have an accessory use, such as retail sales, wholesale trade, and training or education.

Solar panels. An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy to meet all or a significant part of a structures energy requirements.

Special land use. A use of land for an activity which, under usual circumstances, could be detrimental to other land uses permitted within the same district but which may be permitted because of circumstances unique to the location of the particular use and which use can be conditionally permitted without jeopardy to uses permitted within such district. A special land use requires that a special land use approval be obtained.

State-licensed adult and child residential care facility. See "adult care facility" or "child care organization."

Steep slopes. Slopes with a grade of 12 percent or more.

Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Stoop. An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation at least six inches higher than the adjacent ground level, and utilized primarily as an access platform to a building.

Street. Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel, whether designated as a road, avenue, highway, boulevard, drive, lane, place, court, or any similar designation. Various types of streets are defined below.

a.

Arterial street or roadway. A street or roadway which carries high volumes of traffic at relatively high speeds and serves as an avenue for circulation of traffic onto, out of, or around the Oak Park area. An arterial roadway may also be defined as a major thoroughfare, major arterial or minor arterial roadway. Since the primary function of the regional arterial roadway is to provide mobility, access to adjacent land uses may be controlled to optimize capacity along the roadway. Arterial roadways are listed in the city master plan.

b.

Collector street. A street or road whose principal function is to carry traffic between minor and local roads and arterial roadways but may also provide direct access to abutting properties. Collector streets are classified in the city master plan.

c.

Cul-de-sac. A street or road that terminates in a vehicular turnaround.

d.

Expressways. Limited access interregional arterial routes, including US-23, designed exclusively for unrestricted movement, have not private access, and intersect only with selected arterial roadways or major streets by means of interchanges engineered for free-flowing movement.

e.

Highways. Streets and roadways which are under the jurisdiction of the state department of transportation. Highways may also be classified as expressways or arterial roadways.

f.

Local or minor street. A street or road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roadways. Local streets are designed for low volumes and speeds of 25 mph or less, with numerous curb cuts and on-street parking permitted.

g.

Private road. Any road or thoroughfare for vehicular traffic which is to be privately owned and maintained and has not been accepted for maintenance by the city, county, the state or the federal government, but which meets the requirements of this ordinance or has been approved as a private road by the city under any prior ordinance.

h.

Public street. Any road or portion of a road which has been dedicated to and accepted for maintenance by the city, county, state, or the federal government.

Structure. Anything constructed or erected material, the use of which requires locations on the ground or attachment to something having location on the ground, including, but not limited to, buildings, towers, sheds, and signs, but excepting walks, drives, pavements, fences, and similar access or circulation facilities.

Structural addition. Any alteration that changes the location of the exterior walls or area of a building.

Studio or music recording studio. Any use of a studio for a motion picture, television, video, sound, computer, and other communications or media production. The operation of a motion picture, television or recording studio must account for a majority of gross revenues. These facilities include the following types:

a.

Indoor support facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

b.

Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets.

Subdivision. A subdivision as defined in the City of Oak Park Subdivision Control Ordinance.

Subdivision plat. The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended.

Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred and/or 50 percent of the square footage of the structure. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Supercenter. A retail establishment selling supermarket items as well as those items typically found in a department or discount store.

Swimming pool. Any permanent, non-portable structure or container located either above or below grade designed to allow holding of water to a depth of greater than 24 inches, intended for swimming, bathing or relaxation. The definition of swimming pool includes spa, hot tubs and similar devices.

Temporary building, structure, or use for construction. A building, structure or use permitted to exist for a specified period during periods of construction or renovations on the principal building, structure or use.

Topographical map. A map showing existing physical characteristics, with contour lines at enough intervals to permit determination of proposed grades and drainage.

Townhouse. A residential structure or group of structures, each of which contains four or more attached single-family dwelling units with individual rear yards and or front yards designed as an integral part of each single-family dwelling unit.

Traffic impact study. The analysis of the potential traffic impacts generated by a proposed project. This type of study and level of analysis will vary dependent upon the type and size of the project.

a.

Rezoning traffic impact study. A traffic impact study which contrasts typical uses permitted under the current and requested zoning or land use classification. This study usually includes a trip generation analysis and a summary of potential impacts on the street system.

b.

Traffic impact assessment. A traffic impact study for land uses which are not expected to have a significant impact on the overall transportation system but will have traffic impacts near the site. This type of study focuses on the expected impacts of a development at site access points and adjacent driveways.

c.

Traffic impact statement. A traffic impact study which evaluates the expected impacts at site access points and intersections in the vicinity.

d.

Regional traffic impact study. A comprehensive traffic impact study for land uses expected to have a significant long-term impact on the street system. Such a study evaluates the impacts over a long period and may involve analyses of alternate routes. This type of study is typically prepared using a computer model which simulates traffic patterns.

Tree canopy. A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purposes of a canopy tree are to provide shade to adjacent ground areas and to enhance aesthetics.

(Ord. No. O-22-719, § 1, 3-7-22)

Underground storage tank system. A tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of hazardous substances, as defined in Part 213 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

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

Used oil. Any oil that had been refined from crude oil, used, and as a result of such use contaminated by physical or chemical impurities.

Variance. A relaxation or modification of the requirements of this ordinance as authorized by the ZBA under the provisions of this ordinance and Public Act 110 of 2006, as amended.

Veterinary clinic, office or hospital. A facility which provides diagnosis, treatment, surgery and other veterinary care for domestic animals, horses and livestock provided that all activities are conducted within a completely enclosed building.

Wall. A structure constructed of masonry or brick of definite height and location to serve as an obscuring screen in carrying out the requirements of this ordinance.

Warehouse. A building used primarily for storage of goods and materials. A warehouse has six identified functions: stockpiling, product mixing, production logistics, consolidation, distribution, and customer service (see also "distribution warehouse").

Wetland. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh. Locations of wetlands are generally shown on the natural features map of the master plan.

Wetland, regulated. Certain wetlands regulated by the Michigan Department of Environmental Quality (MDEQ) under the provisions of Act 203 of the Public Acts of 1979, as amended, and generally defined as land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

a.

Contiguous to an inland lake or pond, or a river or stream.

b.

Not contiguous to an inland lake, pond, river or stream, and more than five acres in size.

c.

Not contiguous to an inland lake or pond, or a river or stream; and five acres or less in size if the MDEQ determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the property owner.

Wholesale sales. The sale of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.

Wind energy system, large. A tower mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.

Wind energy system, medium. A tower mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system and does not exceed 250 kilowatts. The total height does not exceed 150 feet.

Wind energy system, small. A tower mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. It does not exceed 30 kilowatts. The total height does not exceed 120 feet.

Wine maker/small wine maker. License issued by the MLCC to manufacture wine in the state. A wine maker may obtain additional winery or other manufacturing licenses for facilities located in the state. Wine makers may sell wine they manufacture to licensed wholesalers, licensed retailers, or directly to consumers in an approved tasting room located on the manufacturing premises that has been issued an on-premises tasting room permit for consumption on or off the premises and may sell or give away samples of products it manufactures for consumption on the premises in an approved tasting room.

Wireless communication facilities. All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices, personal communication transmission equipment and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. This definition does not include "reception antenna" for an individual lot as otherwise defined and regulated in this ordinance.

Workshop. Showroom and workshop of a carpenter, plumber, electrician, painter, decorator or similar trade.

Yard, required. A required open space on the same lot with a principal building, unoccupied and unobstructed by any building or structure or portion thereof from the ground upward, except as otherwise provided in this ordinance.

Yard, front. A required front yard is an open space extending the full width of the lot, the uniform depth of which is the minimum prescribed horizontal setback distance measured at right angles to the front lot line and is unoccupied space between the front lot line and the nearest line of the principal building, excepting steps and unenclosed porches. For lots that front more than one street, the front yard shall be along the primary frontage.

Yard, rear. A required rear yard is an open area extending across the full width of the lot, the uniform depth of which is the minimum prescribed horizontal setback distance measured at right angles to the rear lot line, describing an unoccupied space between the rear lot line and the nearest line of the principal building. In the case of a corner lot, the rear yard may be opposite either street frontage, but there shall be only one rear yard.

Yard, side. A required side yard is an open unoccupied area between a principal building and the side lot lines, extending from the front yard area to the rear yard area. The width of the required side yard shall be measured from the center of the nearest wall of the building or structure to the nearest point of the side lot line.

Zero lot line. The location of a building on a lot in such a manner that one or more of the buildings sides rests directly on the lot line.

Zoning act. The Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

Zoning administrator or zoning official. A person designated by the city to administer and enforce the provisions of the zoning ordinance. In some instances, the city planner may serve as the zoning administrator/official.

Zoning board of appeals (ZBA). The city zoning board of appeals created under the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

Zoning district. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

(Ord. No. O-25-739 meeting, § 1, 5-19-25)