Port Huron City Zoning Code
ARTICLE I
In General
§ 52-1 Preamble.
[Code 1975, § 39-1; Code 1992, § 32-1; 10-22-2007 by Ord. No. 1280]
In accordance with the authority and intent of Public Act 110 of 2006 (MCL 125.3101 et seq.), the City desires to provide for orderly development which is essential to the well-being of the community and which will place no undue burden upon developers, industry, commerce or residents. The City further desires to ensure the provision of adequate sites for industry, commerce, and residences; to provide for the free movement of vehicles upon the proper streets and highways of the City; to protect industry, commerce and residences against incongruous and incompatible uses of land and to promote the proper use of land and natural resources for the economic well-being of the City as a whole; to ensure the provision of adequate space for the parking of vehicles of customers using commercial, retail and industrial areas; and that all uses of land and buildings within the City be so related as to provide for economy in government and mutual support. The result of such purposes of this chapter, which relates to the City's land use plan, will promote and protect the public health, safety, comfort, convenience, and general welfare of the residents, shoppers, and workers in the City.
§ 52-2 Construction of language.
[Code 1975, § 39-3; Code 1992, § 32-26]
The following rules of construction apply to the text of this chapter:
(1)
The particular shall control the general.
(2)
If any difference of meaning or implication between the text of this chapter and any caption or illustration occurs, the text shall control.
(3)
The word "shall" is always mandatory and not discretionary. The word "may" is permissive and discretionary.
(4)
Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(5)
A building or structure includes any part thereof.
(6)
The phrase "used for" includes arranged for, designed for, intended for, maintained for, or occupied for.
(7)
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(8)
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either . . . or," the conjunction shall be interpreted as follows:
(9)
Terms not defined shall have the meanings customarily assigned to them.
§ 52-3 Definitions A through I.
[9-10-2018 by Ord. No. 18-017; 5-24-2010 by Ord. No. 1311;[1] 6-25-2012 by Ord. No. 1337; 12-16-2013 by Ord. No. 1363; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005; 6-26-2017 by Ord. No. 17-007; 8-14-2017 by Ord. No. 17-009; 9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007; 6-23-2025 by Ord. No. 25-004]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A subordinate building, permanently constructed or anchored securely to a concrete slab or the ground or similar type of cover the use of which is incidental to that of the main building, and which is located on the same parcel of property as the main building, including but not limited to detached garages, carports and storage sheds. A tent, canopy, polyethylene sheeting, canvas, tarp or similar type of structure is not considered an accessory building and is not allowed in any district. Any accessory building, including carports, when attached to the main structure, is considered part of the main structure and must meet the setback requirements of the main structure. Accessory buildings are not allowed on a residentially zoned property without a residence on the same property. The Building Inspector shall have the power to interpret this definition and determine whether or not a structure shall be approved as an accessory building. Buildings or structures not securely mounted to the ground are not considered accessory buildings and are not allowed in any district.
A use of land or a portion of the building customarily incidental and subordinate to the actual principal use of the land or building and located on the same parcel of property with such principal use of the land or building.
A facility, other than a private residence, operating as a business which provides care or supervision for one or more adults 18 years of age or older for periods of less than 24 hours a day, unattended by a relative or legal guardian, for more than four weeks during a calendar year. These centers, on February 1, 1999, do not need to be licensed by the state. However, all City codes and ordinances shall apply as to any commercial business.
A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, girders; any change in the location of a building; or any change which may be referred to as "altered" or "reconstructed."
A facility or building where common domesticated, non-livestock animals, are kept on a temporary basis until a home or other shelter is found. The primary shelter and sleeping accommodations for the animals shall be indoors. Outdoor pet activity areas which are supervised are allowed and shall be screened by a minimum six-foot-high solid screening fence or wall. Landscaping must be maintained between the fence/wall and the property line. The animals must be kept in a clean sanitary condition and must be kept in an air conditioned and/or heated area. The animal must be fed and watered. The City animal control officer will have the right to inspect the business at will to check living accommodations. The facility must be a minimum of 500 feet from a residence.
A room or suite of rooms in a multiple-family residential building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit. The dwelling unit in a multiple-family dwelling is defined as follows:
ONE-BEDROOM UNITA dwelling unit consisting of not more than two rooms, in addition to kitchen and necessary sanitary facilities.
TWO-BEDROOM UNITA dwelling unit consisting of not more than three rooms in addition to kitchen and necessary sanitary facilities.
Apartment buildings for students are allowed on college or university campus sites when located on the same parcel of land with the institutional building. Each unit shall be built as an apartment as defined in this chapter. There shall be a maximum of two bedrooms in each residential apartment unit with a maximum of two occupants per bedroom or four occupants per unit. Apartments for students shall be registered, inspected, and certified in accordance with the Rental Certification Ordinance, Article V of Chapter 10 of the City Code of Ordinances, and shall be constructed and maintained in accordance with all other City codes and ordinances.
A residential structure containing three or more attached apartments.
The features of a building, including cornices, eaves, belt courses, sills, lintels, chimneys, decorative ornaments and uncovered stairways, stair treads, railings or landings.
A building or structure designed or used for the retail sale of fuel such as gasoline or diesel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles. It may also include automotive service and repair.
A business that maintains, fixes, or restores automobiles. It may include engine and mechanical work, oil changes, lubricating, detailing, upholstery, as well as body work including auto refinishing or restoration, such as collision work, bumping, painting, overhauling, steam cleaning, or rustproofing. It may include the sales of automotive parts and accessories with or without the facilities for the installation of such commodities on or in such vehicles and space for facilities for temporary storage, minor repair, or servicing. A service or repair business may be part of an automotive sales business. All service or repairs must take place within a completely enclosed building. Any customers, employees, or service vehicles, parked on site, other than autos listed for sale, must be currently licensed. "Parts cars," including entire vehicles or chassis, used for parts, must be stored indoors or behind a solid six-foot-high screening fence; there may be no more than five such parts vehicles or chassis on the premises at any given time.
A building or portion thereof, the primary purpose of which is that of washing motor vehicles.
A business used to retrieve and/or store vehicles, including autos, trucks, boats, or motorhomes which have been immobilized or impounded due to an accident, improper parking, police seizure, etc. There shall be no more than 10 vehicles stored on the premises at any given time. All vehicles must be kept indoors or within a six-foot-tall solid screening fence. This fence shall conform to the setback regulations of the district in which it is located. Parking of any vehicles which are left overnight, including service vehicles, shall be parked indoors or within a six-foot-tall solid screening fence. No vehicles, stored or in service, may be left outdoors overnight in public view. All parking must conform to the zone in which the business is located. Vehicles may not be stored for more than 60 days.
A business that sells new or used automobiles, including indoor or outdoor sales space. All businesses must meet the requirements of the State of Michigan regulations for the sales of automobiles. Said business may or may not include service or repair and must follow this chapter.
That portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be defined as a story.
An owner-occupied single-family dwelling used for transient guests that provides a sleeping room and breakfast in return for payment. This definition shall also include a tourist home.
A room in a dwelling unit for or intended to be used for sleeping purposes by human beings with a minimum of 70 square feet in size and in conformance with the appropriate building code.
See standard off- and on-premises signs in Article VII of this chapter.
A tract of land bounded on all sides by streets, a railroad right-of-way, a waterway, unsubdivided acreage, or any other barrier to the continuity of development.
An establishment or building where meals, lodging or both are provided for compensation with the following stipulations:
Rental shall be prearranged and without limitations or time periods involved.
No cooking facilities shall be permitted in sleeping rooms.
There shall not be more than four sleeping rooms per establishment.
No more than one person shall occupy each sleeping room.
Sufficient off-street parking shall be provided pursuant to Article VI of this chapter.
There shall be provided one toilet and bathing facility per two sleeping rooms.
Boardinghouses are subject to the Rental Certification Ordinance[2] and shall be licensed and inspected.
Only allowed in the A-1 and A-2 Zones with a minimum site size of 10,000 square feet.
An open structure for the purpose of seasonal, temporary storage of boats or watercraft. Hoist may include overhead cover, but may not include side covers or be enclosed. The hoist must not exceed one story and may not be permanent in nature. Boat hoists are allowed on the Black River, St. Clair River, Lake Huron and canals.
An enclosed, covered accessory structure that provides dockage and/or storage of boats or personal watercraft. A boathouse is only allowed on the Black River and St. Clair River. They are not allowed on Lake Huron or the canals.
A greenbelt which also provides screening by means of continuous landscaping, solid masonry wall, screening fence, or other protective barrier of suitable material between conflicting districts or uses as required by ordinance, with a minimum height of five feet. For example, a buffer is required between a commercial or industrial district or use and a residential district or use.
The space of a lot remaining after the minimum open space requirements of this chapter have been complied with.
An independent structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up and without openings, each portion of such building shall be deemed a separate building. This refers to both temporary and permanent structures and includes sheds, garages, greenhouses, gazebos, or other accessory structures.
A building in which is conducted the principal use of the lot upon which it is situated and includes enclosed porches and covered porches as defined. A main building would include a dwelling on residential property or the building where the primary business is conducted on nonresidential property.
The written authority issued by the Chief Inspector permitting the construction, removal, repair, moving, alteration or use of a building in conformity with this chapter.
The line which pertains to and defines those minimum building setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided for by this chapter.
The Chief Building Inspector/Zoning Administrator of the City or his or her authorized representative.
A child-caring institution receiving children who are diagnosed with a developmental disability as defined in Section 100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a serious emotional disturbance as defined in Section 100d of the mental health code, 1974 PA 258, MCL 330.1100d, and that meets all of the following requirements:
Provides care, maintenance, and supervision, usually on a 24-hour basis.
Has a capacity of not more than six children.
Complies with the rules for child-caring institutions. Emergency safety intervention in the form of physical management is allowed, but must comply with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, and associated administrative rules.
Is not a private home.
Is not located on a campus with other licensed facilities.
A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment, with services available from more than one professional, such as a physician, dentist, or the like.
A boat well not utilized to store watercraft owned by the property owner for private use, rather seasonal boat storage provided for watercraft owned by individuals other than the property owner.
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, or garage and basement sales conducted on residential premises for more than six calendar days during a given one-year period.
The City Planning Commission. The term "Planning Commission" means the same.
A government or nonprofit facility used for recreational, social, educational, cultural, or advisory services and activities. Services may be targeted to certain populations (e.g., youth, seniors) but membership is available to the general public. Examples of services include but are not limited to: parenting classes, counseling, tax assistance, health and fitness training, senior meals, and after-school tutoring sessions; but does not include educational uses, religious institutions, or social or service clubs, operated as a principal use.
Individual ownership of a dwelling unit in a multiple-family dwelling.
A home for the care of children, the aged or the infirm or a place of rest for those suffering bodily disorders, wherein three or more persons are cared for. Such home shall also conform to and qualify for license under applicable state laws.
An organization of persons, having for its chief purpose the enjoyment by its members of lawful participation in outdoor sports and as to which such country club has provided its members with suitable grounds and equipment for the enjoyment and participation in such sports.
To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
An open, unenclosed structure located above existing grade level and elevated more than 30 inches high. Proper guardrails, steps and handrails are required pursuant to the building code.
The number of dwelling units developed on an acre of land, excluding publicly dedicated streets, parks and utility easements, if the easement is not usable for recreation purposes.
A portion of the City within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under this chapter.
A residential facility used for the living quarters for students, which is owned or managed by a public or private college or university, and which is to be distinguished from hotels, motels, and boardinghouses. Each living quarters or unit shall have at least one bedroom or sleeping quarters and one bathroom, within a minimum of 200 square feet. A living unit may or may not contain a kitchen or cooking facilities. A common cooking and dining area must be available on site, if the individual units do not have a kitchen. Each bedroom or sleeping quarters shall house a maximum of two students, and each living unit shall have no more than two bedrooms. The terms "dormitory" and "residence hall" are to be used synonymously. A dormitory must be located on the campus of the college or university property or within a radius of 1,500 feet of the college/university campus property line. The dormitory building must be owned or managed by a public or private college or university. A dormitory shall be certified, registered, and inspected by the City of Port Huron Rental Inspection Division.
A business or restaurant so developed that its principal retail or service character is dependent on providing a parking space for motor vehicles so as to serve patrons while parked in the motor vehicle. It is intended that in most situations the engine of the vehicle would be turned off. A drive-in establishment ordinarily will not have indoor facilities to service the customer, but may as an accessory use. Such establishments could be but are not limited to drive-in restaurants and movie theaters.
A business, bank, or restaurant with a drive-through facility or drive-up window used as an accessory use for the business. The primary function of such business is to serve the patrons while inside the principal building. The drive-through facility or drive-up window is used as a convenience for customers, and in most instances the motor of the vehicle is left on while the customer is being served.
A station or window where customers can quickly order and pick up goods without leaving their vehicle. The vehicle is meant to be stopped for short periods of time with the motor running.
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 and townhouses, but not including manufactured home parks. A multiple dwelling of four or more stories in height shall be considered as a high-rise multiple dwelling.
A detached building occupied by one family and so designed and arranged as to provide living, cooking and kitchen accommodations for one family only. Also known as a "single-family dwelling." The dwelling unit shall be designed for residential use, complying with the following standards:
It complies with the minimum square footage requirements for the district in which it is located.
It has a minimum width across any front, side or rear elevation of 24 feet and complies in all respects with the Single State Construction Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Single State Construction Code, such federal or state standard or regulation shall apply.
It is firmly attached to a permanent foundation constructed on site in accordance with the Single State Construction Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required by the applicable building code for single-family dwellings. If the dwelling is a manufactured home, as defined in this section, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the State Mobile Home Commission and shall have a perimeter wall as required in this subsection.
If a dwelling is a manufactured home, as defined in this section, each manufactured home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.
The dwelling is connected to a public sewer and water supply or to such private facilities approved by the County Health Department.
The dwelling contains a storage capability area in a basement located under the dwelling or in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 15% of the square footage of the dwelling or 200 square feet, whichever shall be less.
The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or, alternatively, with windowsills and roof drainage systems concentrating roof drainage along the side of the dwelling; with not less than two exterior doors, with one being in the front of the dwelling and the other being either in the rear or side of the dwelling; contains permanently attached steps connected to the exterior door areas or to porches connected to such door areas, where a difference in elevation requires the steps. The compatibility of design and appearance shall be determined in the first instance by the Building Inspector upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of the Building Inspector's decision. Any determination of compatibility shall be based upon the standards set forth within the definition of the term "dwelling," as well as the character of residential development outside of manufactured home parks within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of such area; or, where the area is not so developed, by the character of residential development outside of manufactured home parks throughout the City. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard-designed home.
The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required in this chapter.
The dwelling complies with all pertinent building and fire codes. For a manufactured home, all construction and all plumbing, electrical apparatus and installation with and connected to the manufactured home shall be of a similar type and quality conforming to the Mobile Home Construction and Safety Standards, as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
The longest side of the dwelling, being the natural front, shall be as closely parallel as possible to the street.
A row of three or more attached dwelling units, not more than 2 1/2 stories in height, in which each dwelling has its own front entrance and rear entrance.
A dwelling occupied by two families, each provided with separate facilities for living accommodations. Also known as a "duplex dwelling."
A house or 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 trailer coach, automobile chassis, tent or portable building be considered a dwelling. For 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 sections of this chapter relative to dwellings.
The sum of the horizontal areas of the several floors of the dwelling measured from the interior face of the exterior walls. This area shall not include carports, open breezeways or porches, unfinished attics, basements, attached or detached garages, or accessory buildings.
A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room providing a total of not less than 450 square feet of floor area.
Any of the following when held by a single licensee:
Grower license of any class under both the MRTMA and MMFLA;
Processor licenses under both the MRTMA and MMFLA;
Secure transporter licenses under both the MRTMA and MMFLA;
Safety compliance facility licenses under both the MRTMA and MMFLA; and
A retailer license under the MRTMA and a provision center license under the MMFLA.
Built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like shall be considered a part of erection.
The erection, construction, alteration, or maintenance and operation by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment; and accessories in connection therewith as shall be reasonably necessary for the furnishing of adequate service by such public utilities or City departments or commissions or for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of such essential service equipment.
One or two persons or parents, with such persons' or parents' direct lineal descendants and adopted or foster children, and including the domestic employees thereof, together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or fewer persons living in such housekeeping unit shall be considered a separate family for purposes of this chapter.
Any protective barrier or wall constructed of stone, wood, wire, concrete, vinyl or other building material. A fence also includes any landscape material such as shrubs placed as a hedge which at maturity provide a physical or visual barrier or obstacle exceeding three feet in height.
The sum of the gross horizontal areas of the several floors of the principal building, including enclosed porches, measured from the exterior faces of the exterior walls. Any space devoted to off-street parking or loading, basements, breezeways, unfinished attics, and open porches shall not be included.
That portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients, including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, utility or mechanical equipment rooms, or sanitary facilities. For a half story, the usable floor area shall be considered to be only that portion having a clear height above it of five feet or more.
A space or structure or series of structures for the storage of motor vehicles having no public shop or service operated in connection therewith, for the use of two or more owners or occupants in the vicinity.
A space or structure suitable for the storage of motor vehicles having no public shop or service in connection therewith, for the use solely of the owner or occupant of the principal building on a lot or his or her family or domestic employees. A garage must be constructed of wood, concrete, vinyl composites or similar, permanent material. It shall not include a canvas, canopy, tarp, tent or other temporary material.
A space or structure other than a private garage for the storage, care, repair or refinishing of motor vehicles; provided, however, that a structure or room used solely for the display and sale of such vehicles in which they are not operated under their own power, and in connection with which there is no repair, maintenance, or refinishing service or storage of vehicles other than those displayed, shall not be considered as a public garage for the purpose of this chapter.
A sale conducted on residential property for less than six calendar days during a given one-year period.
The average elevation of the ground adjacent to the walls of a building.
A strip of land which is planted with trees or shrubs acceptable in species and caliper to the Planning Commission.
An enclosed structure with walls and roof made chiefly of transparent material such as regular glass or Plexiglas covered over a wood or metal framing in which flowers or vegetable plants are grown which require regulated climatic conditions. Structures covered with plastic/polyethylene sheeting, a tarp, or similar material is not allowed as a greenhouse.
The vertical distance measured from the grade of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridges) for gable, hip and gambrel roofs. If dormers are located on the side of the roof, the height of the building shall be measured to the eave line of the roof of the dormer. Where a building is located upon a terrace, the height may be measured from the average ground level of the terrace at the building wall.
Any structure four or more stories in height.
Homes for the aged (HFA) are state-licensed facilities that provide personal care to persons who are aged 55 years old or older while an adult foster care (AFC) home can provide care to any adult in need of adult foster care services. Homes for the aged are licensed for 21 or more persons, unless they are operated as part of a nursing home. HFAs are prohibited from providing continuous nursing care, though a resident can receive hospice or continuous nursing services from an outside agency. HFAs must follow the licensing regulations of the State of Michigan.
An activity carried out for gainful purposes by a resident of the dwelling and conducted as a customarily incidental use to the dwelling unit and further defined in § 52-695.
A building, structure or institution in which sick or injured persons, primarily inpatients, are given medical or surgical treatment and operating under license by the state health department.
A commercial establishment containing 10 or more rooms occupied as a temporary abiding place, for periods of 29 days or less, for transient individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a private bath, occupied for hire, and which provides hotel services such as maid service, the furnishing and laundering of linens, and a twenty-four-hour on-site manager. Any room that is rented to the same individual or group of individuals for more than 29 contiguous days shall be considered a residential rental unit, which is not allowed in the C-1 Zone, and must be rental certified by the City Rental Inspection Division in accordance with the Rental Certification Ordinance, Chapter 10, Article V, of the City Codes of Ordinances.
Residential apartments for citizens over 55 years of age or individuals with a disability. These facilities may provide housing with or without personal care support services such as meals, medication management, personal services, house cleaning, and transportation. Apartments in these facilities are not required to have kitchens within the unit if there is a central cafeteria or dining area within the facility available to residents. Each apartment must have a private bathroom. If the facility is not licensed by the State of Michigan as an adult foster care home, home for the aged, nursing home, memory care facility, etc., then apartments in said facility will need to be rental certified and inspected by the rental inspection division. A state-licensed nursing home, home for the aged, or adult foster care home shall not be considered an independent or assisted living facility.
Any part of the plant, whether growing or not, Cannabis sativa L. or the genus cannabis with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
[1]
Editor's Note: Ord. No. 1311, adopted 5-24-2010, amended § 52-3 in its entirety as set out herein. The former § 52-3 pertained to definitions and derived from the Code 1975, § 39-4; Code 1992, § 32-46; Ord. No. 1188, adopted 5-14-2001; Ord. No. 1253, adopted 10-10-2005; Ord. No. 1257, adopted 1-23-2006; Ord. No. 1262, adopted 3-27-2006; Ord. No. 1265, adopted 4-24-2006; Ord. No. 1280, adopted 10-22-2007.
§ 52-4 Definitions J through Q.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A correctional institution used to detain persons who are in the lawful custody of the government, either accused persons awaiting trail or convicted persons serving a sentence.
Any machinery, appliances, products, merchandise with parts missing or scrap metals or other scrap materials that are damaged, are deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.
[10-24-2016 by Ord. No. 16-005]
Any motor vehicle without current registration (unlicensed) for a period in excess of 15 days, and shall also include, whether so licensed or not, any motor vehicle which is inoperative for any reason.
[10-24-2016 by Ord. No. 16-005; 2-12-2018 by Ord. No. 18-003]
Automobile wrecking yards, salvage areas or any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals, other scrap materials or reclaimed materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof, but not including uses established entirely within enclosed buildings.
Any lot or premises on which three or more dogs, cats, or other commonly kept domesticated animals, four or more months old, are kept either permanently or temporarily boarded for compensation.
[10-24-2016 by Ord. No. 16-005]
A facility with special equipment for doing scientific experiments, research, and tests; a place equipped for experimental study in a science or for testing and analysis; a place providing opportunity for experimentation, observation, or practice in a field of study. "Medical or clinical laboratory" means a facility that does research or testing with pharmaceuticals or materials derived from the human body (such as fluids, tissues, or cells) for the purpose of providing information on diagnosis, prognosis, prevention, or treatment of disease; or a facility where tests are done on clinical specimens in order to get information about the health of a patient as pertaining to the diagnosis, treatment, and prevention of disease. A blood plasma donation center is considered a medical laboratory. Animal testing shall not be allowed. All laboratories must have the appropriate federal, state, or county licenses, and can only do legal experiments, testing, or research on legal substances.
[9-28-2015 by Ord. No. 15-008]
Those species of animals used for human food and fiber or those species of animals used for service to humans. "Livestock" includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, aquaculture, and rabbits. "Livestock" does not include dogs and cats.
A piece or parcel of land occupied or intended to be occupied by a building and any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under this chapter and having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. Provided that the owner of any number of contiguous lots may have as many of such contiguous lots considered as a single lot for the purpose of this chapter as he or she so elects, and in such case the outside perimeter of such group of lots shall constitute the front, rear, and side lot lines thereof. This latter parcel is then often referred to as a "zoning lot."
The total horizontal area within the lot lines, as defined in this section, of a lot. For lots fronting or lying adjacent to private streets, lot area shall be interpreted to mean that area within lot lines separating the lot from the private street and not the center line of such street.
A lot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an angle of not more than 135°. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than 135°, it is a corner lot. For a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described in this definition.
The part or percent of the lot occupied by buildings or structures, including accessory buildings, enclosed porches, and covered porches.
[9-28-2015 by Ord. No. 15-008]
The mean horizontal distance from the center of the front street line to the center of the rear lot line.
A lot, other than a corner lot, having frontage on two streets. For a row of double-frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a building permit all buildings shall be addressed off of one street and the fronts of all buildings shall face that street. Each lot will have two front yards and the required minimum front yard setback shall be observed on both street frontages for any construction such as the main structure, fences, or accessory buildings, etc. Waterfront lots are also considered double-frontage lots. Setback requirements pursuant to § 52-621, Footnote b,[2] will apply to all buildings, accessory structures and storage of vehicles, campers and recreational vehicles.
A lot other than a corner lot with only one lot line fronting on a street.
The boundary lines of a lot and is further defined as follows:
FRONT LOT LINEFor an interior lot abutting on one public or private street, means the line separating the lot from such street right-of-way. For a corner or double-frontage lot, the front lot line shall be that line separating such lot from the street which is designated as the front street in the plat and/or in the request for a building permit.
REAR LOT LINEThat lot line which is opposite and most distant from the front lot line of the lot. For an irregular lot, a line 10 feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of the rear yard. When none of these definitions are applicable, the Planning Commission shall designate the rear lot line.
SIDE LOT LINEAny lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.
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 or other legal description, the description of which has been so recorded as of the date of the effective date of this ordinance (April 29, 2006), including approved lot splits as of that date.
The horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines. A lot must abut a public right-of-way and must be the minimum width as required in Article III, Division 16, Schedule of Regulations,[3] for the zoning district in which the property is located.
A main traffic artery designated on the City's land use plan as a major thoroughfare or a collector street.
A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length or, when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the Department of Housing and Urban Development and complies with the standards established under this chapter. For the purpose of this chapter, a mobile home shall be considered a manufactured home. A manufactured home does not include a recreational vehicle or travel trailer.
A parcel or tract of land under the control of a person upon which three or more manufactured 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 therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a manufactured home and which is not intended for use as a temporary travel trailer park.
A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.
All parts of the plant Cannabis sativa L. or of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this chapter, marihuana does not include:
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
Industrial hemp; or
Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
Collectively, a marihuana establishment and marihuana facility.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
An adult-use marihuana commercial business operation licensed pursuant to the MRTMA and permitted to operate by City ordinance, including, but not limited to:
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
A medical marihuana commercial business operation licensed pursuant to the MMFLA and permitted to operate by City ordinance, including, but not limited to:
[10-26-2020 by Ord. No. 20-007]
A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption in a manner other than smoke inhalation.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
A facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing, such as refueling, of recreational watercraft.
Any business which engages in the practice of massage therapy, as defined in this section, and which has a fixed place of business where a licensed massage therapist, licensed physical therapist, a licensed physician, or licensed chiropractor carries on any of the activities as defined in the definition of the term "massage or massage therapy." ("Licensed" means currently licensed by the State of Michigan.) A massage establishment includes but is not limited to a professional office of a licensed massage therapist, health club, health spa, or any physical fitness club, or salon that offers massage therapy on occasion or incidental to its principal operation. A massage establishment must conduct business in accordance to the regulations of Chapter 12, Article VIII, Massage Establishments, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-005]
The treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage.
[10-24-2016 by Ord. No. 16-005]
Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined in this section. A licensed massage therapist or licensed physical therapist may operate an outcall service and perform massage therapy at a client's home. The therapist may not operate massage therapy as a home occupation in the therapist's home.
[10-24-2016 by Ord. No. 16-005]
Any person currently licensed with the State of Michigan to practice massage therapy. A licensed massage therapist may operate an outcall service and perform massage therapy at a client's home. The therapist may not operate massage therapy as a home occupation in the therapist's home.
[10-24-2016 by Ord. No. 16-005]
The cultivation of medical marihuana by a registered primary caregiver as defined in Section 3 of the Act, MCL § 333.26423(g), in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL § 333.26423(e), within a single-family dwelling that is the registered primary caregiver's primary residence and which cultivation is in conformity with the restrictions and regulations contained in the Michigan Medical Marihuana Act and in the state regulations developed by the Michigan Department of Community Health (MCDH) or other agency responsible for developing such regulations. Subject to the requirements of this chapter and other applicable laws, medical marihuana home occupations are permitted only in single-family dwelling units and not in any multifamily or multi-unit units.
[4-26-2021 by Ord. No. 21-003]
The acronym for the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCL 333-27101 et seq.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
See the definition of "hotel/motel."
A motorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging. This term does not apply to manufactured homes.
The acronym for the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27051 et seq.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
Housing complex with two or more multifamily dwelling structures, two or more single-family dwelling structures, or two or more duplex structures on one parcel of land. This can consist of renter or owner-occupied units. There must be at least two residential structures on the property to be considered a multifamily development. One building may be allowed on the property, if there are 10 or more owner-occupied units in the structure. Commercial use can occupy the first floor with a special permit from Planning Commission.
[9-28-2015 by Ord. No. 15-008]
As follows:
NONCONFORMING BUILDINGA building or portion thereof lawfully existing at the original effective date of the ordinance from which this chapter is derived or amendments thereto and which does not conform to the sections (e.g., setbacks, height, lot coverage, parking) of this chapter in the zoning district in which it is located.
NONCONFORMING USEA use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived or amendments thereto and that does not conform to the use regulations of the zoning district in which it is located.
A space, building or structure or combination thereof for the storage of live trees, shrubs, or plants offered for wholesale or retail sale, including products used for gardening or landscaping. The definition of the term "nursery" within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
A state-licensed facility that provides organized nursing care and medical treatment or long-term care to seven or more unrelated individuals suffering or recovering from illness, injury, or infirmity, or assisting patients with Alzheimer's disease, dementia, and other types of memory problems.
[9-10-2018 by Ord. No. 18-017]
As follows:
BUSINESS OFFICEAn establishment where administrative or clerical duties take place for a commercial entity.
PROFESSIONAL OFFICEA place of business of an individual whose occupation requires considerable college education or specialized study in order to be qualified for his or her profession. A license from the state or City is often necessary in order to operate such office. For purposes of this chapter, the following shall be considered a professional office: office of a medical doctor or dentist, chiropractor, licensed massage therapist or licensed physical therapist, attorney, architect, engineer, insurance agent, real estate brokerage, etc. The following shall not be considered a professional office: beauty salons or barber shops, tattoo establishments, veterinarian offices, psychic reading rooms, among others. When located in a residentially zoned district, a professional office shall be restricted from any retail sales of merchandise other than that of professional services. For professional offices that have received a special approval use permit to be located in the R-1 and A-1 Zones, a professional office may not be part of a residential structure.
For a list of those offices that can be used as a home occupation, see § 52-695, Home occupations. |
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 automobiles and/or any paved vehicle circulation area excluding single- or two-family residential uses.
Includes the following business uses:
Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
Retail sale of fruit and vegetables.
Tennis courts, archery courts, shuffle-board, horseshoe courts, miniature golf, golf driving range, children's amusement park and/or similar recreation uses.
Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale, rental or repair services.
Outdoor display and sale of garages, swimming pools, motor homes, manufactured homes, snowmobiles, farm implements, and similar products.
Any area, open to the sky, on a lot not covered by a principal or accessory building.
The outdoor storage of building materials, sand, gravel, stone, lumber, equipment and other supplies.
See "off-street parking lot."
An area of not less than nine feet wide by 20 feet long, for the parking of an automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.
An open unenclosed structure located at/on existing grade level and not elevated more than eight inches.
A commercial business, other than a veterinarian clinic, where pets are kept overnight.
[9-28-2015 by Ord. No. 15-008]
Any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swing sets, teeterboards, beaches and all public parks.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
An open entrance with a covered roof and that is attached to the main building. Such covered porch shall be considered a part of the dwelling to which it is attached and shall meet all yard setback requirements for the structure itself.
A covered entrance to a building or structure which is totally enclosed and projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached. An enclosed porch shall be considered a part of the dwelling to which it is attached and shall meet all yard setback requirements for the structure itself.
An uncovered entrance to a building or structure which projects out from the main wall of such building.
A residential facility that shelters or monitors individuals on probation or parole as required by law and that are not on probation for a capital offense or a sexual offense. Individuals on probation or parole for a capital or sexual offense are not allowed at these facilities. Facility must comply with the following:
[9-28-2015 by Ord. No. 15-008]
Meet State of Michigan standards, be under contract with the State of Michigan, and be accredited by the American Correctional Association, or receive funds or rent from the government to participate in a rehab, re-entry, or similar program.
Must provide twenty-four-hour supervision.
Must meet all applicable City and state codes regarding building safety and fire codes pertaining to residential living.
Maximum capacity of facility shall be 80 individuals.
Living arrangements may be dormitory style with a central sleeping area and common kitchen area or may be individual sleeping rooms with private bath and common kitchen area.
A co-ed facility shall provide separate rooms for sleeping and separate bathroom facilities for each gender.
The facility shall be certified by the State of Michigan or, at a minimum, certified by the Building Inspection Division of the City under the appropriate codes and ordinances.
Must be located within an M-1 or M-2 Zone after receiving a special approval use permit from the Planning Commission.
May not be located within a radius of 1,500 feet of another probation or parole facility, a rehabilitation and recovery facility, a residential dwelling, a residential zoning district, a school, a shelter where children may reside, a day-care center, playground, or public park.
The activity to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
An institution for the care and treatment of patients affected with acute or chronic mental illness. Also called "mental hospital."
Any person, firm, corporation, City department or board duly authorized to furnish and furnishing to the public, under City or state regulation, transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal services.
[2]
Editor's Note: See the Schedule of Regulations, included as an attachment to this chapter.
[3]
Editor's Note: See the Schedule of Regulations, included as an attachment to this chapter.
§ 52-5 Definitions R through Z.
[5-24-2010 by Ord. No. 1311; 6-25-2012 by Ord. No. 1337; 12-16-2013 by Ord. No. 1363]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A residential facility that rehabilitates or shelters 11 or more individuals who are receiving on-site counseling, treatment, or therapy, and are recovering from an addiction, abuse of a substance, including alcohol, illegal drugs, or prescription drugs, compulsive behavior, a mental disorder, or similar disorders. A rehabilitation and recovery facility must comply with the following:
[9-28-2015 by Ord. No. 15-008; 10-9-2017 by Ord. No. 17-015]
All of the rules required for a sober living home, except paragraph 5 and 9.
Must provide twenty-four-hour on-site supervision.
Must have a maximum capacity of 30 individuals.
In a co-ed facility, there shall be separate rooms for sleeping and separate bathroom facilities for each gender.
Must be located within an M-1 or M-2 Zone after receiving a special approval use permit from the Planning Commission, which must be renewed every two years.
A nongovernmental office facility that provides professional counseling during normal business hours and all activities must be within a completely enclosed building. No residential activity is allowed. A rehabilitation and recovery office facility is only allowed within a C-1, I, M-1, or M-2 Zoning District. A rehabilitation and recovery office facility may not be operated as a recreational facility, private club, assembly hall, or similar use.
Let, lease, barter or any other arrangement whereby one person pays a consideration to another for the privilege of residing in a residential rental unit for any period of time.
[10-24-2016 by Ord. No. 16-005]
Any building that contains one or more residential rental units.
[10-24-2016 by Ord. No. 16-005]
Any apartment, room, rooming house, boardinghouse, dwelling house, dwelling unit, or portion thereof or any condominium unit for which a person or group of persons pays rent directly or indirectly to the owner thereof for the purpose of a person to reside therein for any period of time. This definition includes one- and two-family dwellings, multiple and multifamily dwellings, apartment units, flats, rooming house rooms, and boardinghouses. All residential rental units must be rental certified and conform to the regulations in Chapter 10, Buildings and Building Regulations, of the City Code of Ordinances, specifically Article V, Rental Certification. A residential structure sold on a "land contract" is considered a residential rental unit requiring registration and a rental certification if the land contract is not recorded and a copy not provided to the Planning Director as required under § 10-153(a). A rental must conform to all City codes and ordinances.
[10-24-2016 by Ord. No. 16-005]
A "residential rental unit" shall include the following properties and/or the rental of any residential dwelling unit for less than 30 days such as:
HOME SHARINGA dwelling unit that is shared by unrelated persons or nonfamily members, in exchange for any type of compensation to the owners of the property.
VACATION RENTAL or SHORT-TERM RENTALA property in a dwelling unit or guesthouse intended for occupancy or that is occupied for transient use by any person other than the primary owner; or is otherwise occupied or utilized on a transient basis.
TRANSIENT USE or TRANSIENT RESIDENTIAL OCCUPANCYOccupancy of a residential unit by any person other than the primary owner by concession, permit, right of access, license, gift or other agreement or compensation for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
Any residential rental unit must be rental certified and shall require a rental certification from the Rental Inspection Division before the residential dwelling unit or house can be used for any rental purpose. Any residential rental units shall comply with all Code of Ordinances of the City of Port Huron and specifically as regulated by Chapter 10, Buildings and Building Regulations, and Chapter 52, Zoning.
A residential rental unit does not include hotels and motels as defined by this chapter. A residential rental unit does not include a bed-and-breakfast facility as defined in this chapter, for which a special approval use permit is required.
An establishment where food is prepared and served to a customer solely for the consumption off the premises.
An establishment serving food and/or drink so developed that its retail or service character is dependent on providing spaces for motor vehicles so as to serve patrons food while parked in the motor vehicle. This type of restaurant may have seating facilities for dining, as an ancillary use.
An establishment where food is prepared and served for consumption within the principal building, with or without carryout facilities. A drive-up window may be an accessory service facility for customers.
In a multiple-family residential district, a living room, equal to at least 220 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage.
Any dwelling occupied in such a manner that certain rooms, in excess of those used by the members of the immediate family and occupied as a home or family unit, are leased or rented, in return for some form of compensation, to persons outside of the family, without any attempt to provide therein or therewith cooking or kitchen accommodations for individuals leasing or renting rooms. The number of such bedrooms leased or rented as rooms shall not exceed one. Rooming houses are only allowed in the A-1 and A-2 Zoning Districts. A rooming house shall only be allowed within an owner-occupied dwelling. Rooming houses are subject to the Rental Certification Ordinance.[1]
[9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
The minimum horizontal distance required to exist between the front line of the building, excluding steps or unenclosed porches, and the front street or right-of-way line.
The average line of setback allowed when placing a straight line drawn from the furthest projected corner of the main building on either side of the questioned lot.
Of a night watchman, security guard, or caretaker may consist of a room containing sleeping and/or cooking facilities with a separate room for sanitary facilities (limit one room for each use). These quarters are intended for the use of security personnel who guard the premises or property upon which such quarters are located. Such quarters shall be subject to all local building codes for residential occupancy. One such quarters per commercial or industrial establishment is allowed. These quarters are not meant to be used as a rental unit to lease to someone not intended to guard the premises. A separate building may be constructed for these purposes. Any sleeping quarters shall not exceed 500 square feet in total size.
See "bedroom."
Any residential facility occupied by more than three unrelated individuals that provides or purports to provide alcohol-free or drug-free housing to individuals recovering from substance use disorders. Such a facility may not be split into multiple units and will not be subject to the rental certification ordinance. The facility must comply with the following:
[10-9-2017 by Ord. No. 17-015]
The facility must obtain a) a prevention or peer recovery and support substance use disorder license from the Michigan Department of Licensing and Regulatory Affairs (LARA), and any other license required by LARA, and must comply with all LARA rules; and b) must either be a member in good standing of the National Alliance for Recovery Residences (or local chapter) or receive a letter of support from the Chief Executive Officer of Region 10 PIHP.
The facility must maintain and follow a written program that provides, at a minimum, the following:
An application and screening process for potential residents and rules and standards for admission into the program.
Maintenance of an alcohol- and illicit-drug-free environment.
Rules and procedures designed to assist in the residents' successful recovery from a substance abuse disorder, including a safe, structured, and supportive environment for the residents of the facility which includes mutually supportive and recovery-oriented relationships through peer-based interactions, house meetings, and community gatherings, and rules requiring or encouraging residents to attend self-help groups or outside professional services.
Rules that require residents to endeavor to be good neighbors, such as rules that require the maintenance of the interior and exterior of the property in a functional, safe, and clean manner, and rules regarding noise, smoking, loitering and parking that are responsive to neighbors' reasonable complaints.
Rules providing for recipient rights and confidentiality of resident medical records.
Random and suspicion-based drug testing to assure that residents are not actively using alcohol or illicit drugs.
Discharge rules and procedures are required and must include referral to another appropriately licensed program or facility for those failing the program.
The facility must maintain, collect and report statistical outcome data for the purposes of continuous quality improvement by tracking the success or lack of success of the recovery of residents of the facility in a form and manner as determined by the St. Clair County Health Department, and provide that data on an annual basis and more frequently upon request to the County Health Department and the City Planning Director.
The facility must have an assigned house manager who is also a resident of the facility. The house manager must establish alcohol and illicit drug abstinence for a period of six months prior to being assigned to the role. Each house manager must receive a minimum of nine hours of Peer Recovery Associate training. Each entity operating facilities must have at least one certified Peer Recovery Coach for every 20 residents.
The facility may not allow any resident who:
Is currently using alcohol or illicit drugs; or
Has ever been convicted of crimes set forth in Chapter II, Abduction, Chapter X, Arson and Burning, Chapter XLV, Homicide, Chapter LXIV, Poisons, and Chapter LXVIIA, Human Trafficking, of the Michigan Penal Code; or
Has ever been convicted of criminal sexual conduct in the first, second, or third degree as set forth in Chapter LXXVI of the Michigan Penal Code; or
Has a conviction in the previous five years for crimes set forth in Chapter XI, Assaults (only those that are a felony punishable by four years in prison or more), of the Michigan Penal Code; or any crime involving use of a dangerous weapon.
The facility must make available and reserve 2/3 of all beds to those individuals whose primary residence has been in St. Clair County for a period of six months or more. At least half of these county-allocated beds (1/3 of all beds in the facility) must be allocated for individuals whose primary residence has been in the City of Port Huron for a period of six months or more. These reserved beds may not be filled by nonqualifying individuals. Primary residence and duration of residence will be conclusively determined by a driver's license or state ID card, and records must be maintained by the facility demonstrating compliance with this requirement. If two or more facilities have a common owner or operator, the allocated beds will be considered in the aggregate.
The facility and its owners and operators must comply will all other local zoning, blight or other City ordinances, the International Property Maintenance Code, and all state and federal laws and regulations, including but not limited to all state codes regarding building safety and fire codes pertaining to residential living.
The facility must permit inspection of the facility by the St. Clair County Health Department, LARA and City Building Officials at all reasonable times, and fully cooperate with City and law enforcement personnel, subject to the civil rights of the residents.
The facility may not be located in an R Zone. Notwithstanding the rules on definition of a family, a facility located in an R-1 Zone may have up to six residents in a single building (including the house manager), and a facility located in an A-1 Zone or A-2 Zone may have up to a maximum of 10 residents. Prior to operation of a facility more than 60 days after the effective date of this definition, the facility must pass a building inspection, and a special use permit must be obtained from the Planning Commission and renewed every two years.
FOSTER CARE FACILITY OR HOMEA facility that provides 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.
ADULT FOSTER CARE FACILITYA governmental or nongovernmental establishment that provides foster care to adults. Adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include any of the following: a nursing home; a home for the aged; a hospital; a hospital for the mentally ill or a facility for the developmentally disabled operated by the Department of Community Health under the Mental Health Code; a county infirmary operated by a county department of social services or family independence agency; an establishment commonly described as an alcohol or a substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or rooming house that does not provide or offer to provide foster care.
ADULT FOSTER CARE FAMILY HOMEA private residence with the approved capacity to receive six or fewer adults 18 years of age or older to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.
ADULT FOSTER CARE LARGE GROUP HOMEA facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.
ADULT FOSTER CARE SMALL GROUP HOMEA facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.
CHILD FOSTER FAMILY GROUP HOMEA private home in which more than four but fewer 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.
CHILD FOSTER FAMILY HOMEA private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, 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.
CHILD-CARE CENTER and DAY-CARE CENTERA facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day and where the parents or guardians are not immediately available to the child. The terms "child-care center" and "day-care center" include 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, nursery school, parent cooperative preschool, play group, or drop-in center. A child-care center or day-care center does not include a Sunday school, a vacation Bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not greater than three hours per day for an indefinite period or not greater than eight hours per day for a period of not to exceed four weeks, during a twelve-month period, or a facility operated by a religious organization where children are cared for not greater than three hours, while persons responsible for the children are attending religious services.
FAMILY CHILD CARE HOMEA private home in which one but fewer than seven 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. The term "family child care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. The provider must live on the premises. Care is limited to temporary daytime hours typically provided during normal daytime working hours.
GROUP CHILD CARE HOMEA private home in which more than six but not more than 12 minor children are given care and supervision for less than 24 hours per day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The term "group child care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. The provider must live on the premises.
PRIVATE HOME OR RESIDENCE, AS IT APPLIES TO FOSTER CARE AND DAY CARE HOMESA single-family dwelling or as a unit of a multiple-dwelling facility so long as the occupant owns, rents or leases the property and has control over the contents of the dwelling. It is a private residence in which the licensee or registrant permanently resides as a member of the household.
A semitruck trailer or straight truck box with axles and wheels detached from the body. Such trailer box shall be used for storage of goods at a commercial storage facility. The rules and regulations of accessory buildings shall apply to the location of storage trailers.
That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
A mezzanine shall be deemed a full story when it covers more than 33% of the area of the story underneath such mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 14 feet or more.
For the purpose of this chapter, a basement or cellar shall be counted as a story if over 50% of its height is above the level from which the height of the building is measured at the finished grade.
The part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed 1/2 the floor area of the full story.
A public thoroughfare which affords traffic circulation and a principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare, except an alley.
Any change in the supporting members of a building or structure, such as bearing walls, or partitions, columns, beams, or girders, or any change in width or number of exits.
Anything man-made which is constructed or erected which requires attachment to the ground or attachment to something which is attached to the ground. This includes temporary or permanent construction, including a fence, wall, bridge, dam, etc. Note that all buildings are structures, but not all structures are buildings if the structure does not have a roof.
[6-26-2017 by Ord. No. 17-007]
Any structure or container intended for swimming or bathing, located either above or below grade, designed to hold water to a depth of greater than 24 inches.
Any place of business where tattooing, branding, body art, and/or body piercing, other than ear piercing, is conducted. A tattoo parlor or establishment must have a current body art facility license from the State of Michigan. A tattoo parlor or tattoo establishment shall not be considered a medical office or beauty salon providing permanent makeup which is performed by a licensed medical practitioner or a cosmetologist holding a valid Michigan cosmetology license and who has received a certificate of having completed course training for providing permanent makeup and the service is performed in a salon having a current valid body art facility license from the State of Michigan.
[10-24-2016 by Ord. No. 16-005]
TATTOOING, BRANDING, OR BODY ARTThe creation of an indelible mark or figure upon the human body by insertion of pigment into or under the skin or by the production of scars, or burning of skin. Tattooing, branding, or body art is not providing permanent makeup which means designs that resemble makeup, such as eye lining and other permanent enhancing colors to the skin of the face, lips, eyelids, eyebrows and to disguise scars and white spots in the skin such as vitiligo; or to restore or enhance the breast’s areola, such as after breast surgery, provided the service of providing permanent makeup is performed by a licensed medical practitioner or by a cosmetologist holding a valid Michigan cosmetology license who has received a certificate of having completed course training for providing permanent makeup and the service is performed in a salon having a current valid body art facility license from the State of Michigan.
BODY PIERCINGThe perforation of human tissue other than an ear, for a nonmedical purpose.
A structure or use permitted by the Zoning Board of Appeals to exist during periods of construction of the main use or for special events, not to exceed one year.
A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and not including those types of tents used solely for children's recreational purposes.
An open, unenclosed structure located above the existing grade level, but not elevated more than 30 inches high. It does not require guardrails.
See "bed-and-breakfast."
One of a row of houses joined by common side walls.
A residential facility that shelters individuals and families temporarily (not to exceed 45 days) who are homeless and pursuing permanent housing options. The facility must comply with the following:
[Amended 4-23-2018 by Ord. No. 18-007]
Operated by a governmental agency or a private, nonprofit organization.
May provide counseling, therapy, and similar assistance from counselors or case managers.
Shall not include probation, parole, rehabilitation, sober homes, or recovery facilities.
Must provide twenty-four-hour supervision.
Must meet all applicable City and state codes regarding building safety and fire codes pertaining to residential living.
Shall be certified by the Building Inspection Division of the City under the appropriate codes and ordinances.
Maximum capacity of the facility shall be 30 individuals.
Must be located within an A-2 Multiple-Family Residential Zone or an M-1 or M-2 Industrial Zone after receiving a special approval use permit from the Planning Commission and may not be located within a one-thousand-five-hundred-foot radius of another transitional facility, or a probation, parole, rehabilitation, sober home, or recovery facility.
May be designed with individual apartments, sleeping rooms, or as a dormitory with a central sleeping area.
Each apartment or sleeping room shall accommodate no more than one family or three nonrelated persons per room.
For dormitories with a central sleeping area, there shall be a separate sleeping area for each family, and they shall be kept separate from nonrelated individuals living in the shelter.
Apartment-style units shall have their own bathroom and cooking facilities per apartment and shall follow the regulations of a multifamily structure.
For sleeping rooms and dormitories, there shall be separate bathroom and cooking facilities on site.
In a co-ed home, there shall be separate rooms for sleeping and separate bathroom facilities for each gender.
A portable vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging, but which does not exceed eight feet in width or 32 feet in length. This term also includes folding campers and truck-mounted campers, but not manufactured homes.
The purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is occupied, maintained, let or leased.
A modification of the literal provisions of this chapter which is granted when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. Hardships based solely on economic considerations are not grounds for a variance. A variance granted by the Zoning Board of Appeals shall be valid for six months.
An organization of persons, having for its chief purpose the enjoyment of its members of lawful participation in nautical events, and a majority of whose members are the owners and operators of boats and have access to nearby navigable waters for the use of the yacht club. Such yacht club shall at all times be organized and operated on a nonprofit basis.
An open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. This definition shall not include eaves, provided that an eight-foot height clearance is provided above the adjacent ground level.
A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building. For parking purposes in an A-1 or A-2 District, the front yard shall be considered to be the minimum setback of the district. Parking is permitted behind the minimum setback.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.
Any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
The Board of Appeals for the City. The term "Board of Appeals" or "Board" shall have the same meaning.
§ 52-6 Interpretation and application.
[Code 1975, § 39-136; Code 1992, § 32-611; 5-24-2010 by Ord. No. 1311]
In interpreting and applying the sections of this chapter, such sections shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued and not in conflict with any of the sections of this chapter or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon height of buildings or requires larger open spaces or larger lot areas than are imposed or required by such ordinances or agreements, the sections of this chapter shall control.
§ 52-7 Severability.
[Code 1975, § 39-137; Code 1992, § 32-631; 5-24-2010 by Ord. No. 1311]
Articles, divisions, sections, subsections, clauses, provisions and portions of this chapter are deemed to be severable, and should any section, subsection, clause, provision or portion of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, the declaration shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
§ 52-8 Adoption, effective date of chapter.
[Code 1975, § 39-138; Code 1992, § 32-651; 5-24-2010 by Ord. No. 1311]
This chapter is hereby declared to have been adopted by the City Council at a meeting thereof, duly called and held on September 8, 1975, and is ordered to be given publication in the manner prescribed by law and shall be given effect September 13, 1975. No suit or prosecution in progress of any kind shall be in any manner affected by the adoption or taking effect of this chapter, but the suit or prosecution shall stand or progress as if no change had been made.