A.   For the purpose of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

   B.   Unless the context clearly indicated to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word “herein” means this chapter; and the word “this chapter” shall mean “the chapter text, tables and maps included herein, as enacted or subsequently amended”.

   C.   A “person” includes a corporation, a partnership and an unincorporated association of persons such as a club; “shall” is always mandatory; a building site includes a plot, lot, footprint or parcel, a “building” includes a structure; a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used for or occupied”.

   D.   The “City” is the City of Plainwell in the County of Allegan, State of Michigan; and “City Council,” “Board of Appeals,” and “Planning Commission” are respectively the City Council, Board of Appeals and Planning Commission of the City of Plainwell.

   E.   Any words not defined in this chapter shall be construed as defined in the Housing Law of Michigan, Public Act 167 of 1917, as amended.

(Ord. 188, eff. 2-25-1981)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A detached subordinate building or structure on the same premises with a main building occupied or devoted to an accessory use which is appropriate, supplemental and customarily related to that use at the main building or premises. Where an ACCESSORY BUILDING is attached to a main building in a substantial manner by a wall or roof, such ACCESSORY BUILDING shall be considered part of the main building, including a carport, covered porch or other roofed structure, with the exception that a non-flammable carport may be abutted or attached to the main building and still be considered an ACCESSORY BUILDING.

   ACCESSORY USE or ACCESSORY. A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as, the principal use to which it is related. When ACCESSORY is used in this text, it shall have the same meaning as ACCESSORY USE.

      1.   An ACCESSORY USE to a residential principal use includes, but is not limited to the following:

         a.   Residential accommodations for guests, servants and/or caretakers;

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

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

         d.   HOME OCCUPATIONS as defined herein.

      2.   An ACCESSORY USE to a nonresidential principal use includes, but is not limited to the following:

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

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

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

         d.   Uses clearly incidental to a main use such as, but not limited to: offices of an industrial or commercial complex located on the site of the commercial or industrial complex; and

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

   ADULT CARE FACILITIES. A facility for the care of adults, over 18 years of age, as licensed and regulated by the State under Michigan Public Act 218 of 1979, and rules promulgated by the Michigan Department of Social Services. Such organizations shall be defined as follows:

      1.   ADULT FOSTER CARE FACILITY. A governmental or non-governmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care. An ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center(s), or a residential center for persons released from or assigned to a correctional facility.

      2.   ADULT FOSTER CARE SMALL GROUP HOME. A private home with the approved capacity to receive seven to 12 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.

      3.   ADULT FOSTER CARE LARGE GROUP HOME. A private home with the 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 more than two consecutive weeks for compensation.

      4.   ADULT FOSTER CARE FAMILY HOME. A private home with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week, and for more than two consecutive weeks. The ADULT FOSTER CARE FAMILY home licensee must be a member of the household and an occupant of the residence.

   ALLEY. A strip of land over which there is a right-of-way, public or private, on which generally no dwelling or land uses front, serving as a rear entrance to one or more properties.

   ALTERATIONS. Any change, addition, or modification in construction of type of occupancy; and any change in the roof or supporting members of the building or structure, such as bearing walls, partitions, columns, beams, girders, or any change which may be referred to herein as “altered” or “reconstructed.”

   ANIMAL. Dog, cat, bird, reptile, mammal, fish or any other living organism, excluding plants and bacteria.

   ANIMAL SERVICES, ANIMAL CLINIC / HOSPITAL. An establishment used by a veterinarian where animals are treated. This use may include boarding and grooming as accessory uses. Also referred to as VETERINARY CLINICS, OFFICES AND HOSPITALS.

   ANIMAL SERVICES, KENNEL. A commercial facility for the boarding, breeding, and/or maintaining of animals for a fee that are not owned by the operator. This use includes pet day care facilities, animal training facilities, and may include grooming as an accessory use. This use includes the breeding of animals in outdoor structures, cages or pens for sale, but does not include animals for sale in pet shops.

   ANIMAL SERVICES, RESCUE OR SHELTER. A facility that keeps four or more impounded stray, homeless, abandoned, or unwanted animals.

   AREA OF SHALLOW FLOODING. A designated AO zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

   AUTOMOBILE OR TRAILER SALES AREA. An area used for the display, sale or rental of new and used recreation vehicles, motor vehicles, boats or trailers, (including mobile homes) in operable condition and where no repair work is done.

   AUTOMOBILE REPAIR-MAJOR. Any activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair, overall painting and vehicles rustproofing.

   AUTOMOBILE REPAIR-MINOR. Any activity involving minor repairs to motor vehicles and the incidental replacement of parts of such vehicles. A place where either gasoline or any other fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and applied directly into motor vehicles, including sale of accessories, greasing, oiling and minor automotive repair on the premises.

   AUTOMOBILE WASH ESTABLISHMENT. A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

   BASE FLOOD. The flood having 1% chance of being equaled or exceeded in any given year.

   BASEMENT or CELLAR. A portion of a building having more than one-half of its height below grade.

   BED AND BREAKFAST FACILITY. A building, other than a hotel, where lodgings and light breakfasts for persons, other than family, are regularly served for compensation.

   BEDROOM. A room or area within a dwelling unit designed and intended to provide sleeping accommodations for one or more human beings.

   BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and other barrier to the continuity of development, or corporated boundary lines of the city.

   BOARD OF ZONING APPEALS. The City of Plainwell Board of Zoning Appeals, the members of which have been duly appointed by the City Council and which is authorized as a body to interpret, hear appeals, and grant variances only in accordance with the provisions of this chapter.

   BUILDING. An edifice, framed or constructed and designed to stand more or less permanently and covering a space of land, for use as a dwelling, store, storehouse, factory, sign, shelter or for some other useful purpose. BUILDING in this sense includes a trailer, tent, or vehicle used as a dwelling.

   BUILDING, EXISTING. Any building actually constructed or the construction of which is started previous to the effective date of this section; provided, that the construction of any such building continues uninterruptedly and is completed within six months from such date. Any building damaged by fire, collapse, or decay to the extent of its full assessed value as of record at the time of damage shall not be considered an EXISTING BUILDING.

   BUILDING HEIGHT. The vertical distance from the average elevation of the adjoining grade paralleling the front, or if on a street corner, the front and side, of the building, to the highest point of the roof surface if the roof is flat; to the deck line, if the roof is the mansard type; or the average height between the eaves and the ridge if the roof is gable, hip or gambrel type as is depicted in the building height requirements illustration provided below.

   BUILDING INSPECTOR. The officer charged with the administration and enforcement of the building code, or his/her duly authorized representative.

   BUILDING LINE. A line parallel to the front lot line, and which marks the location of the building.

   BUILDING PERMIT. A permit signifying compliance with the provisions of this chapter as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the city.

   BUILDING SITE. A lot, or a two dimensional condominium unit of land (i.e. envelope, footprint) with or without limited common element designed for construction of a principal structure or a series of principal structures plus accessory building. All BUILDING SITES shall have access to public or private roads.

   CHURCH. A building used principally for religious worship, but the word CHURCH shall not include or mean an undertaker’s chapel or funeral building.

   CLINIC. A building or group of buildings where human or animal patients are admitted, but not lodged overnight, for examination and treatment by more than one professional, such as a physician, dentist or the like.

   COMMERCIAL USE. The use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise or personal services or the maintenance of offices or recreational or amusement enterprises. Garage, rummage, basement, porch, lawn sales and similar sales conducted on residential premises are deemed a COMMERCIAL USE, if such sales are conducted on more than two occasions during any consecutive 12 month period or if either of said two sales lasts for more than three days.

   COMMERCIAL VEHICLE. Any motor vehicle other than a motorcycle or passenger automobile designed or used primarily for transportation of persons or property and in excess of 6,000 pounds gross vehicle weight.

   COMMON ELEMENTS. Portions of the condominium project other than the condominium unit including natural areas, club houses, roads, trails and the like.

   COMMUNITY PUBLIC SAFETY FACILITY. A public safety facility operated by a public agency including administrative offices; fire stations; other fire preventive and fire fighting facilities; and police and sheriff substations and headquarters, including interim holding facilities. May include ambulance dispatch on the same site.

   CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, or any other type of use approved by the Michigan Department of Commerce.

   CONSTRUCTION. The building, erection, alteration, repair, renovation (or demolition or removal) of any building, structure or structural foundation; or the physical excavation, filling and grading of any lot other than normal maintenance shall constitute CONSTRUCTION.

   CONVALESCENT OR NURSING HOME. A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders wherein seven or more persons are cared for. Said home shall conform and qualify for license under state law.

   CREMATORIUM. A facility consisting of one or more cremator furnaces or cremation retorts for the ashes.

   CURB LEVEL (GRADE). The mean level of the established curb in front of the building. Where no curb has been established the City Engineer shall determine the CURB LEVEL after review of topographic information submitted by an applicant for site plan review.

   DAY CARE FACILITY.

      1.   CHILD CARE CENTER. A facility, other than a private residence, receiving one or more preschool or school aged children for care for a period of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. CHILD CARE CENTER or DAY CARE CENTER 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 includes child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop in center. Said facilities shall conform and qualify for license under state law.

      2.   FAMILY DAY CARE HOME. A private home in which one to six 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. FAMILY DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. Said homes shall conform and qualify for license under state law.

      3.   GROUP DAY CARE HOME. A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. GROUP DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. Said homes shall conform and qualify for license under state law.

   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.

   DRY CLEANING PLANT. A facility which performs the cleaning or washing of garments and textiles through use of volatile chemical solvents, agitation, and/or immersions. Such solvents may include, but are not limited to, solvents of the petroleum distillate type, the chlorinated hydrocarbon type, and/or liquid carbon dioxide.

   DWELLING. A house or building, or portion thereof, which is occupied wholly as the home, residence, or sleeping place by one or more human beings, either permanently or transiently, but in no case shall a trailer coach, automobile chassis, tent, or portable building be considered as a DWELLING.

      1.   DWELLING, MULTIPLE. A building used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including single-family homes.

      2.   DWELLING, ONE-FAMILY. A detached building occupied by one family and so designed and arranged as to provide living, cooking, and kitchen accommodations for one family only. Every ONE-FAMILY DWELLING shall have a minimum width throughout the entire length of the dwelling of 24 feet measured between the exterior part of the walls having the greatest length.

      3.   DWELLING, TWO-FAMILY. A detached two-family dwelling that is occupied by two families, each provided with separate facilities for each family for living accommodations. Also known as a DUPLEX DWELLING.

      4.   DWELLING UNIT. Any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, motor home, automobile chassis, tent, or other portable building be considered a dwelling in single-family, two-family, or multiple-family residential areas. In cases of mixed occupancy where a building is occupied in part as a DWELLING UNIT, the part so occupied shall be deemed a DWELLING UNIT for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

   EFFICIENCY UNIT. A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room providing not less than 350 square feet of floor area.

   ERECTED. Includes built, constructed, reconstructed, moved upon, and ERECTING includes any physical operations required for the building on the premises where the building is being constructed, reconstructed, or moved. Excavating, filling, draining, and the like, shall be considered a part of ERECTING.

   ESSENTIAL SERVICE. The erection, construction, alteration, or maintenance by a public utility, or municipal department, of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water, transmission, distribution collection, supply, disposal systems, and waste treatment plants. This includes related poles, wires, pipes, conduit, cables, public safety alarm and communication equipment, traffic signals, hydrants and similar accessories that are necessary to furnish adequate service, addressing general public health, safety, convenience, or welfare. These do not include wireless telecommunication towers (unless located on public property and used as part of a municipal emergency communications network); wind energy conversion systems (WECS); offices, utility buildings, or structures that are enclosures or shelters for service equipment; or maintenance depots.

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

   FAMILY.

      1.   FAMILY, DOMESTIC. One or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single, domestic housekeeping unit in the dwelling.

      2.   FAMILY, FUNCTIONAL. Persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single nonprofit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be a rebuttable presumption enforced by the building inspector in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six.

   FARM. A plot of land, under one description, having a minimum area of five acres, used for the raising of livestock and poultry, dairying, horticulture, sod, forestry, truck gardening and similar bonafide agricultural enterprises or uses of land and structures.

   FIRST STORY. A first story is the lowest story of a building the ceiling of which is more than six feet above the average surface elevation of the ground, or sidewalk adjacent to its exterior walls as is depicted in the structural terminology illustration provided herein.

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      1.   The overflow of inland or tidal waters; and

      2.   The unusual and rapid accumulation or run off of surface waters from any source.

   FLOOD HAZARD AREA. Land which on the basis of available flood plain information is subject to a 1% or greater chance of flooding in any given area.

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.

   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, as well as the Flood Hazard Boundary-Floodway map and the water surface elevation of the base flood.

   FLOODPLAIN. Any land area susceptible to being inundated by water from any source (see definition of FLOOD).

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

   FLOOR AREA.

      1.   GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The FLOOR AREA of a building which is what this normally is referred to as, shall include the basement floor area when more than one half of the basement height is above the established curb level or finished lot grade, whichever is higher (see BASEMENT definition). Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms (i.e. where water heater and furnace are located), breezeways, unfinished attics, porches (enclosed or unenclosed) or attached garages are not included.

      2.   MULTIPLE-FAMILY RESIDENTIAL. For the purpose of computing the minimum allowable floor area in a multiple-family residential dwelling unit, the floor area shall be the net floor area exclusive of hallways. NET FLOOR AREA is the sum of the horizontal areas of the several rooms measured from the interior faces of the walls of each room. The floor area measurement shall be exclusive of any common hallways, utility and storage areas, basements, garages, patios, porches, and balconies.

      3.   ONE-FAMILY 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 is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

      4.   USABLE. That area used for or intended to be used for the sale of merchandise or services, or used to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of USABLE FLOOR AREA shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

   FRONTAGE. The total length along which a parcel of land fronts on a street, measured along the line where the property abuts the street right-of-way. For corner lots, this will include two property lines.

   FUNERAL PARLORS OR MORTUARIES. An establishment which provides internment and funeral services for the dead and their families. Services rendered may include a prepared wake and funeral and the provision of a chapel for the funeral. However, this does not include CREMATORIUMS.

   GARAGE, AUTOMOTIVE COMMERCIAL. Any premises available to the public and used solely for the storage of automobile or motor-driven vehicles, for remuneration, hire, or sale, where any such vehicles or engines may also be serviced for operation, or repaired, rebuilt or reconstructed.

   GARAGE, PRIVATE. A building or other structure designed for the housing of automobiles and having capacity for not more than three automobiles.

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

   GASOLINE FILLING STATION. A space, structure, building or part of a building, used for the retail sale, service or supply of motor vehicle fuels, lubricants, air, water, batteries, tires, other accessories, motor vehicle washing or lubricating; or customary facilities for the installation of such commodities in or on such motor vehicles, including special facilities for minor repair or similar servicing thereof.

   GENERAL OFFICES AND SERVICES.

      1.   BANK/FINANCIAL SERVICES. Includes establishments such as financial institutions, including, but not limited to: banks, credit agencies, investment companies, security and commodity exchanges, and ATM facilities.

      2.   BUSINESS SERVICES. Establishments providing direct services to consumers, including, but not limited to: employment agencies, insurance agent offices, real estate offices, and travel agencies.

      3.   BUSINESS SUPPORT SERVICES. Establishments providing services to other businesses, including, but not limited to: computer rental and repair, copying, quick printing, mailing and mailbox services.

      4.   CONTRACTORS SERVICES. Establishments providing services to other businesses or consumers where services rendered are typically performed off-site, including, but not limited to: landscaping and tree removal companies, plumbing, exterminators, carpet cleaners, and general contractor’s offices without exterior storage.

      5.   PERSONAL SERVICES. Establishments providing non-medical services to individuals, including, but not limited to: barber and beauty shops, dry cleaners, small appliance repair, laundromats, massage therapists, pet grooming with no boarding, shoe repair shops, tanning salons and funeral homes (not including crematory services). These uses may include incidental retails sales related to the services they provide.

      6.   PROFESSIONAL AND ADMINISTRATIVE SERVICES. Office-type facilities occupied by businesses or agencies that provide professional or government services, or are engaged in the production of intellectual property.

   GOVERNMENT BUILDINGS AND FACILITIES. Buildings, structures and facilities that may include administrative offices, public works services, libraries, museums, cemeteries, recreational centers and storage areas for public equipment and materials for local, county, state and federal public adjacencies.

   HALFWAY HOUSE.

      1.   RECOVERY HALFWAY HOUSE. A facility licensed by the Michigan Department of Public Health to provide substance abuse treatment and support services in addition to room and board to recovering alcoholics and drug abusers.

      2.   REHABILITATION HALFWAY HOUSE. A facility licensed by the Michigan Department of Corrections or the Federal Bureau of Prisons which provides supervision and rehabilitation support services in addition to room and board to criminal offenders.

   HARMFUL INCREASE. An unnaturally high stage on a river, stream or lake which causes, or, may cause damage to property, threat to life, personal injury, or damage to land or water resources.

   HAZARDOUS MATERIALS. Any of the following:

      1.   HAZARDOUS SUBSTANCES. As defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. Law No. 96-510, 94 State, 2767, as amended; or as defined in Part 201 of Act No. 451 of the Michigan Public Acts of 1994, as amended; or as defined under other local, state or Federal laws, rules or regulations.

      2.   HAZARDOUS WASTE. As defined under 40 CFR part 261; or as defined under Part 111 of Act. No. 451 of the Michigan Public Acts of 1994, as amended; or as defined under other local, state or Federal laws, rules or regulations.

      3.   PETROLEUM. As described in Part 213 of Act. No. 451 of the Michigan Public Acts of 1994, as amended.

      4.   TOXIC WASTE or POLLUTANT. Any material defined or listed as a TOXIC WASTE or POLLUTANT in 40 CFR 401.15; in the Critical Materials Register promulgated by the Michigan Department of Environmental Quality: or under other local, state or Federal laws, rules or regulations.

      5.   Any substance or material in quantity or form which, in the determination of the city, poses a substantial present or potential hazard to human life, health and safety, welfare, property, or the environment, and shall include, but shall not be limited to, such substances as chemicals, explosives, oxidizers, peroxides, poisons, radioactive materials, petroleum or petroleum products, gases, poisons, etiologic (biologic) agents, flammables and corrosives.

      6.   Any materials which have otherwise been declared hazardous by any state or Federal agency.

   HOME OCCUPATION AND BUSINESS ESTABLISHMENTS.

      1.   HOME BUSINESS. The rendering of a service or the assembling of a product conducted entirely within the home (not including accessory structures) by one or more members of the family residing on the premises plus up to a maximum of two on-premise(s) employees at one time; provided that not more than 25% of the home’s total floor area is used for the HOME BUSINESS (including the basement), there is no outdoor storage or display of goods, materials, or finished products, there is no external advertising, and the nature of the business will not alter the general character of the immediate area and neighborhood.

      2.   HOME OCCUPATION. Any occupation or profession carried entirely within the home (not including accessory structures) by one or more members of the family residing on the premises; provided that no commodity or service other than those customarily associated with the business is sold or provided on the premises; provided further that not more than one on-premise(s) person other than a member of the immediate family residing on the premises is employed at one time; no mechanical equipment is installed except such as is normally used for purely domestic or household purposes; not more than 20% of the home’s total floor area (not including basement area) is used for the occupation or the profession; the HOME OCCUPATION does not detract from the residential character of the immediate neighborhood. Beauty shops, nursery schools, private schools, and photography studios are not considered to be HOME OCCUPATIONS.

   INSTITUTIONAL USES. Churches, schools, hospitals, and other similar public or semipublic uses. This excludes nursing homes, convalescent homes, adult foster care facilities.

   LABORATORY. A place devoted to experimental, routine study or basic study such as testing and analytical operations, and which manufacturing of product or products, except prototypes for testing market, is not performed.

   LAND USE PLAN, OFFICIAL. The plan so designated by the Planning Commission.

   LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

   LIQUEFIED PETROLEUM GAS (LPG) SALES. An establishment providing LPG dispensing and bulk containers for sale.

   LOADING BERTH. An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in computation of required off-street parking. A loading space is 528 square feet in area.

   LODGING HOUSE. A building or part thereof, other than a hotel, including so called tourist homes, where lodgings are provided for hire, more or less transiently, and with or without provision for meals. A LODGING HOUSE does not include a bed and breakfast facility.

   LOT. A measured portion of a parcel or tract of land which is described and fixed in a recorded plat and having frontage on a public street or road either dedicated to the public or designated on a recorded subdivision.

      1.   LOT AREA. Area of a lot bounded by lot lines.

      2.   LOT, CORNER. A lot located at the intersection of two roadways that has frontage on each roadway. A CORNER LOT, the side yard of which is substantially a continuation of the front lot line of the lot to its rear shall be regarded as having two front yards.

      3.   LOT COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

      4.   LOT LINE. A boundary line of a lot.

      5.   LOT LINE, FRONT. The exterior line or right-of-way of a road on which a lot fronts or abuts.

      6.   LOT LINE, REAR. Any lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.

      7.   LOT LINE, SIDE. Any lot line not a front or rear lot line.

      8.   LOT OF RECORD. A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

      9.   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 control. A ZONING LOT shall satisfy this chapter 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.

      10.   LOT WIDTH. The horizontal distance between the side lot lines measured at right angles (90 degrees). Where the front lot line is not a straight line, or when the side lot lines are not parallel, the lot frontage shall be measured by a line equal to the front yard setback from and parallel to the chord of the lot frontage. (The chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line).

   MANUFACTURING, PROCESSING, AND PACKAGING - LIGHT. A facility accommodating manufacturing processes involving less intense levels of fabrication and/or production such as the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. The premises may include secondary retail or wholesale sales. Examples of light manufacturing uses include: artisan/craft product manufacturing; clothing and fabric product manufacturing; electrical equipment, instrument, and appliances, food preparation and packaging; furniture and fixtures manufacturing, cabinet shop, media production, pharmaceutical drugs; photo/film processing lab not accessory to a retail business; and printing and publishing. Also includes associated office and administrative space and services.

   MANUFACTURING, PROCESSING, AND PACKAGING - HEAVY. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include the following: chemical product manufacturing; concrete, gypsum, and plaster product manufacturing; glass product manufacturing; paving and roofing materials manufacturing; petroleum refining and related industries; plastics, other synthetics, and rubber product manufacturing; primary metal industries; pulp and pulp product manufacturing; textile and leather product manufacturing, wineries, distilleries, and breweries. Also includes associated offices and administrative space and services.

   MEZZANINE. An intermediate floor in any story not to exceed 50% percent of the floor area of such story.

   MINI-WAREHOUSE/SELF-STORAGE. A building or group of buildings in a controlled access and/or fenced compound that contains varying sizes of individualized, compartmentalized and controlled access rooms, stalls or lockers for the storage of customer’s goods or wares.

   MINOR OR LOCAL STREET. A street of limited continuity used primarily for access to abutting residential properties.

   MOBILE HOME. A factory assembled portable structure designed or used for year-round living, designed and built to be towed on its own chassis, connected to utilities, and installed on a home site with or without a permanent foundation. A MOBILE HOME may also be two or more separately towable components designed to be joined into one integral structure capable of being separated into components for repeated towing. (For MODULAR HOME DEFINITION, see below).

   MOBILE HOME PARK. Any lot, site, parcel, or tract of land under the control or management of any person, upon which two or more mobile homes are parked, or which is offered to the public for that purpose, regardless of whether the charge is made for the use of the housing site, and including any building, structure, tent, vehicle, or enclosure used for or intended to be used as part of the equipment of such mobile home park.

   MODULAR. A structure which meets the requirements of the Plainwell Building Code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, when connected to the required utilities, such as plumbing, heating, and electrical systems.

   MOTEL or MOTOR HOTEL. A building or a series of attached, semi-detached, or detached rental units providing long term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided without the approval by the City Council with the exception of units for use of the manager and/or caretaker.

   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this chapter.

   NONCONFORMING LOTS OF RECORD (SUBSTANDARD LOT). A lot lawfully existing at the effective date of this chapter, or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

   NONCONFORMING STRUCTURE. A structure, or portion thereof, lawfully existing at the effective date of this chapter, or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

   NONCONFORMING USE. A use lawfully existing in a building or on land at the effective date of this chapter, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

   NUISANCE. Embraces public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to the public health, safety, welfare, or the environment; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewer-aged, drained, cleaned or lighted in reference to its intended or actual use; and the presence of hazardous materials in a quantity which is or may become injurious to the public health, safety, or welfare, or the environment; and whatever renders the land, water, air or human food or drink unwholesome, are also severally, in contemplation of this chapter, nuisances and all such nuisances are declared illegal.

   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 three vehicles.

   OPEN AIR BUSINESS. Includes the following:

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

      2.   Sidewalk cafes;

      3.   Retail sale of fruits and vegetables;

      4.   Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park and/or similar recreation uses;

      5.   Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale; rental or repair services; and

      6.   Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.

   OPEN FRONT STORE. 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. The term OPEN FRONT STORE shall not include automobile repair stations or automobile service stations.

   ORDINARY HIGH WATER MARK. The line between upland and lake or stream bottom land which persists through successive changes in water levels, and below which the presence and action of the water is so common or recurrent as to mark upon the soil a character, distinct from that which occurs on the upland.

   OUTDOOR DISPLAY, SALES. The outdoor placement, storage or keeping, for display purposes, of equipment, vehicles, trailers and other similar goods for sale on premises.

   OUTDOOR STORAGE. The outdoor placement of goods such as, building or construction materials, equipment, vehicles, trailers and other supplies, for future use, production, assembly, preservation or disposal.

   PARCEL. A tract or continuous area or acreage of land which is occupied or intended to be occupied by a building, series of buildings, accessory building(s), condominium units, or by any other use or activity permitted thereon and including open spaces and setbacks required under this chapter, and having its frontage on a public or private street.

   PARKING FACILITY, PUBLIC OR COMMERCIAL. A public or commercial parking lot or structure providing parking either for free or for a fee. Does not include towing impound and storage facilities.

   PARKING SPACE. An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles. Perpendicular and angle parking spaces shall have a minimum dimension of nine by 20 feet. Parallel parking shall be a minimum of eight by 20 feet in dimension.

   PAVED ROAD OR STREET, PRIVATE. A private right-of-way reserved for the use of the occupants of the abutting structures. Said PRIVATE STREET shall not be accepted by the city for maintenance in any form and shall have a minimum 22 foot paved width.

   PLANNING COMMISSION. The City of Plainwell Planning Commission and shall have all powers granted under authority of Act 33 of the Public Acts of 2008, as amended, and as provided in this chapter.

   PUBLIC UTILITY BUILDINGS AND USES. See ESSENTL4L SERVICE.

   RECREATION FACILITY: COMMERCIAL INDOOR. An establishment providing indoor amusement and entertainment services, often for a fee or admission charge, including, but not limited to: bowling alleys, commercial health and fitness facilities, coin-operated amusement arcades, movie theaters, electronic game arcades (video games, pinball, and the like), indoor ice skating and roller skating rinks, pool and billiard rooms as primary uses. Does not include adult-oriented businesses. May include bars and restaurants as accessory uses. Any establishment with four or more electronic games or amusement devices (e.g., pool or billiard tables, pinball machines, and the like) or a premise where 50% or more of the floor area is occupied by electronic games or amusement devices is considered an indoor recreation facility; three or fewer machines or devices are not considered a use separate from the primary use of the site.

   RECREATION FACILITY: COMMERCIAL OUTDOOR. A facility for outdoor recreational activities where a fee is often charged for use. Examples include, but are not limited to, amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; watercraft rentals; and water parks. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, and the like. This use does not include golf courses or campgrounds.

   RECREATION VEHICLES. A vehicle primarily designed as temporary living quarters or recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle (Act 419, Michigan P.A. of 1976, as amended).

   REPAIRS. The rebuilding or renewal of a part of an existing building for the purpose of maintaining its original type and classification.

   RESEARCH AND DEVELOPMENT FACILITY. Any facility that is involved in the inquiry, examination, investigation or experimentation aimed at the discovery and/or interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories of laws and the development thereof. DEVELOPMENT may include a limited number of test units of a given product resulting from such research and shall include limited production while a product is being test-marketed which is the interim step between full research and development and ultimate full scale production.

   RESTAURANT. A business establishment whose method of operation involves either the delivery of prepared food by servers to customers seated at indoor or outdoor areas, or prepared food is acquired by customers at a counter or cafeteria line and consumed at tables within a completely enclosed building, but does not include drive-through services, which are separately defined and regulated. Service of alcoholic beverages by the drink is incidental to the service of food and food receipts exceed 50% of sales.

      1.   BAR/LOUNGE/TAVERN. A structure or part of a structure designed, maintained, and operated primarily for the dispensing of alcoholic beverages. The selling of food and snacks may also be permitted. If the BAR/LOUNGE/TAVERN is part of a larger dining facility, it shall be defined as that part of the structure so designated and/or operated.

      2.   RESTAURANT WITH DRIVE-THROUGH. A business establishment whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises. A drive-through restaurant may also have indoor or outdoor seating.

      3.   RESTAURANT WITH OUTDOOR DINING. A restaurant with seating on a sidewalk, patio, deck or other on-site outdoor location.

   ROAD OR STREET, PUBLIC. A public right-of-way of 66 feet or more in width which has been dedicated for the purposes of providing access to abutting private lots of land including the space for pavement and sidewalks.

   SALVAGE OR IMPOUND OPERATIONS. Any land or structure used for storing, dismantling, reconditioning, collecting, purchasing or selling of scrap metal or other discarded goods and materials, including the collection, dismantlement and salvage of two or more inoperative vehicles, boats, trucks, or other types of machinery or equipment, or the impounding of any operable or inoperable vehicle associated with towing or wrecker services.

   SCHOOL, SPECIALIZED TRAINING. Small-scale facilities that provide individual and group instruction, education and/or training, including tutoring and vocational training in. limited subjects, including, but not limited to: the arts, dance, photography, martial arts training, gymnastics instruction, production studios for individual musicians, painters, sculptors, photographers, and other artists, business and vocational schools, and driver education schools.

   SETBACK. The minimum horizontal distance a foundation or wall of a building or structure or any portion thereof is required to be located from the boundaries of a lot, parcel, building site of land, building, or road upon which the same is situated.

   SHED. A lightly constructed one or two story building for temporary use during the erection of a permanent building; or a light one story structure attached to, or auxiliary to another building and intended for storage only.

   SHOPPING CENTER. A retail commercial establishment or a group of retail establishments which is planned, developed, owned and managed as a unit, with off-street parking provided on the property and related in its location, size and type of shops to the trade area.

   SIGN. Any announcement, declaration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed out-of-doors in view of the general public.

   SITE CONDOMINIUM PROJECT. A plan or project consisting of not less than two single family units established in conformance with the Michigan Condominium Act P.A. 59 of 1978, as amended.

   SPECIAL USE PERMIT. A use permitted only where specified facts and conditions, detailed in this chapter, are found to exist. The facts and conditions set forth in this chapter for the exception must be met without modification or alteration, unless a variance, as hereinafter defined, is obtained pursuant to the provisions of § 53-130.

   STRUCTURAL CHANGES OR ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.

   STRUCTURE. A walled and roofed building that is principally above ground, including gas or liquid storage facilities and mobile homes.

   SUBSTANTIAL IMPROVEMENT. 

      1.   Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

         a.   Before the improvement or repair is started; or

         b.   If the structure has been damaged and is being restored, before the damage occurred.

      2.   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. The term does not, however, include either:

         a.   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

         b.   Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

   SWIMMING POOL. Any structure or container, either above or below grade, located either in part or wholly outside a permanently enclosed and roofed building, designed to hold water to a depth of greater than 12 inches when filled to capacity, intended for immersion of the human body, whether for swimming or wading or both. Outdoor hot tubs would be included in this definition.

   TEMPORARY BUILDING OR USE. A structure or use permitted by the Building Inspector to exist during periods of construction of the main use or for special events, not to exceed six months. Two extension periods of six months each are allowed.

   TOWNHOUSES. A row of three or more attached one-family dwellings, not more than two and one-half stories in height and for which there is an entrance to each dwelling. TOWNHOUSE shall not be used as a synonym for the term CONDOMINIUM UNIT which refers to how property or space is owned rather than for a particular housing style.

   TRAILER. Includes any trailer coach, motor home, tent camper, demountable camper, or unit designed as a vacation unit for short-term seasonal occupancy, which measures nine feet or less in width, and 35 feet or less in length, which is designed to be operated on highways, which is in good running condition and which complies with all requirements of state law for licensing of such vehicles.

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

   VARIANCE. A varying or relaxation of the standards of the zoning chapter by the Board of Zoning Appeals; and where such VARIANCES will not be contrary to the public interest; and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in practical difficulty.

   VEHICLE SALES AND RENTAL: AUTOMOBILES, LIGHT TRUCKS, BOATS. A retail or wholesale establishment selling and/or renting automobiles, light trucks (less than two-ton load capacity), vans, trailers, boats, and/or any other motorized or non-motorized vehicles (e.g. scooters, jet skis, golf carts, motorcycles) that includes outdoor display. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include businesses dealing exclusively in selling used parts, auto wrecking and/or salvage (see SALVAGE OR IMPOUND OPERATIONS); the sale of auto parts/accessories separate from a vehicle dealership; or service stations (see GASOLINE FILLING STATIONS).

   VEHICLE SALES AND RENTAL: HEAVY EQUIPMENT, HEAVY TRUCKS, RVS, MANUFACTURED HOMES. A retail or wholesale establishment selling and/or renting heavy equipment and/or trucks, RVs, or mobile homes. May also include accessory repair shops.

   VEHICLE WASH. A building or portion of a building with machine or hand- operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.

   VEHICLE WASH, TRUCKS AND HEAVY EQUIPMENT. A building or portion of a building with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of trucks and heavy equipment.

   VETERINARY CLINICS, OFFICES AND HOSPITALS. See ANIMAL SERVICES, ANIMAL CLINIC /HOSPITAL.

   WALL, OBSCURING. A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

   WAREHOUSING. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. May include an outdoor storage component, provided that the outdoor storage is not the primary use. Does not include mini-storage facilities offered for rent or lease to the general public (see MINI-WAREHOUSE/SELF-STORAGE) or warehouse facilities primarily used for wholesaling and distribution (see WHOLESALING AND DISTRIBUTION).

   WASTE MANAGEMENT FACILITY. A site used for collecting waste and recyclables, sorting and transferring materials.

   WHOLESALING AND DISTRIBUTION. An establishment engaged in selling merchandise in bulk quantities to retailers; to contractors, industrial, commercial, agricultural, institutional, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

   WIRELESS COMMUNICATION FACILITY. All structural facilities, attached or accessory, related to the radio frequency spectrum for the purpose of transmitting or receiving radio signals, including radio and television towers; cellular telephone and paging devices; telephone devices and exchanges; microwave relay towers; telephone transmission equipment buildings; and commercial mobile radio service facilities. (Not included are facilities for citizen band radio; short wave radio; ham and amateur radio; television reception antennae; satellite dishes; and government facilities which are subject to state and Federal law.) WIRELESS COMMUNICATION FACILITIES shall be specifically excluded from the definitions of ESSENTIAL SERVICES and PUBLIC UTILITIES.

   WIRELESS COMMUNICATION SUPPORT STRUCTURE. Any structure used to support attached wireless communication facilities, or other antennae or facilities, including support lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an attached wireless communication facility or similar apparatus above grade, including any ground or roof-mounted pole, monopole, or similar structure which support wireless communication facilities.

   YARD. A yard is an open space, unoccupied and unobstructed from the ground upwards, except as otherwise provided herein, and on the same lot with a building. The measurement of a YARD shall be the minimum horizontal distance between the lot line and the building or structure.

      1.   FRONT YARD. A yard on the same lot with a building between the front line of the building and the front lot line and extending from one side lot line to the other side lot line.

      2.   REAR YARD. The same lot with a building between the rear line of the building and the rear lot line and extending from one side lot line to the other side lot line.

      3.   REQUIRED YARD. The portion of any lot on which the erection of a main building is prohibited.

      4.   SIDE YARD. The same lot with a building between the side lot line and the nearest side line of the building and extending from the rear yard to the front yard.

(Ord. 188, eff. 2-25-1981; Ord. 350, adopted 6-22-2009; Ord. 358, adopted 4-11-2011; Ord. 361, adopted 9-12-2011; Ord. 373, passed 10-26-2015; Ord. 379, passed 3-7-2018; Ord. 389, passed 12-28-2020; Ord. 403, passed 11-10-2025; Ord. 404, passed 11-10-2025)