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

1.

The particular shall control the general.

2.

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

3.

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

4.

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

5.

The word "building" includes the word "structure". The word "build" includes the words "erect" and "construct". 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 (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either/or," the conjunction shall be interpreted as follows:

a.

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

b.

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

c.

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

9.

Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meanings customarily assigned to them.

10.

The masculine gender includes the feminine and neuter.

11.

All measurements shall be to the nearest integer, unless otherwise specified herein.

12.

Catch words and catch lines shall in no way by their presence or absence limit or affect the meaning of this Ordinance.

13.

Unless otherwise stated, the term "days" shall mean calendar days.

Whenever used in this Ordinance, the following words and phrases shall have the meaning ascribed to them in this Section:

ACCESSORY BUILDING. A type of structure that has a roof which is supported by columns or walls, is intended for the shelter or enclosure of persons, animals, goods or property, and is further intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same zoning lot as the principal use to which it is exclusively related. Examples of accessory buildings include garages, storage sheds, gazebos, play houses, greenhouses, pump houses, and dog houses.

ACCESSORY BUILDING, ATTACHED. An accessory building that is physically joined to the principal structure by a wall, roof, rafter or other structural component.

ACCESSORY STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having such location, and that is intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same zoning lot as the principal use to which it is exclusively related. Examples of accessory structures include accessory buildings, swimming pools, play structures, HVAC units, generators, and tennis courts.

ACCESSORY USE. A use that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same zoning lot as the principal use to which it is exclusively related.

ADULT REGULATED USES. As used in this Ordinance, the following definitions shall apply to adult regulated uses:

1.

ADULT BOOK or SUPPLY STORE. An establishment having ten percent (10%) or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

2.

GROUP "A" CABARET. An establishment which features any of the following; topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

3.

ADULT MOTION PICTURE THEATER or ADULT LIVE STAGE PERFORMING THEATER. An enclosed building with a capacity of 25 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

4.

ADULT MODEL STUDIO. Any place where models who display "Specified Anatomical Areas" (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any bona fide art school or similar educational institution.

5.

ADULT MOTEL. A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined herein).

6.

ADULT MOTION PICTURE ARCADE. Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to "Specified Sexual Activities" or "Specified Anatomical Areas."

7.

MASSAGE PARLOR OR MASSAGE ESTABLISHMENT. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical therapeutic, or bathing devices or techniques, other than the following; a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician's or chiropractor's directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician's direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly-licensed hospitals, medical/chiropractic clinics, or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

8.

ADULT OUTDOOR MOTION PICTURE THEATER. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

9.

SPECIFIED ANATOMICAL AREAS. Portions of the human body defined as follows:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola, and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

10.

SPECIFIED SEXUAL ACTIVITIES. The explicit display of one or more of the following:

a.

Human genitals in a state of sexual stimulation or arousal.

b.

Acts of human masturbation, sexual intercourse, or sodomy.

c.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

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

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

APARTMENTS. See DWELLING, MULTPLE FAMILY.

APARTMENT EFFICIENCY. See DWELLING, MULTIPLE FAMILY.

ARCADE. A building or structure, or any part thereof, which is devoted to the commercial use of amusement devices, pinball machines, electronic tables featuring pool, billiards, bowling, basketball, football, or the like, or electronic games of skill or dexterity utilizing video tapes or video screen or T.V. adaptations, etc., automatic sport devices or tables or similar activities for hire, or for amusement.

ARCHITECTURAL FEATURES. Steps, window sills, belt courses, brick and/or wrought iron wing walls, chimneys, architraves, pediments.

AUTOMOBILE. Unless specifically indicated otherwise, "automobile" shall mean any vehicle including by way of example, cars, trucks, vans, motorcycles, and the like.

AUTOMOBILE FILLING STATION. A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation as an accessory use, provided it is clearly incidental to the filling station use, but no auto repairs shall be permitted. Parking requirements for filling station/convenience store operations shall be computed by adding together the parking space requirements for each separate use.

AUTOMOBILE REPAIR. Major or minor repair of automobiles defined as follows:

1.

MINOR REPAIR. Engine tune-ups and servicing of brakes, air conditioning exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing the automobiles on the premises overnight.

2.

MAJOR REPAIR. Engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rust-proofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing the automobiles on the premises overnight.

AUTOMOBILE REPAIR GARAGE. An enclosed building where minor and major automobile repair services may be carried out.

AUTOMOBILE SERVICE STATION. A place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles; including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass) and the servicing of and minor repair of motor vehicles.

AUTOMOBILE OR VEHICLE DEALERSHIP. A building or premises used primarily for the sale of new and used automobiles and other motor vehicles.

AUTOMOBILE WASH OR CAR WASH ESTABLISHMENT. A commercial establishment contained within a building or premises or portion thereof where automobiles are washed.

BASEMENT. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

BED AND BREAKFAST INN. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provisions for a morning meal for overnight guests only.

BEDROOM. A room designed or used in whole or part for sleeping purposes.

BERM, OBSCURING. An earthen mound of definite height and location to serve as an obscuring device in carrying out the requirements of this Ordinance.

BLOCK. The property abutting one side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, waterbody, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

BOARD OF APPEALS. The City of Riverview Zoning Board of Appeals, created pursuant to the provisions of the City and Village Zoning Act, Michigan Public Act 207 of 1921, as amended.

BUILDABLE AREA. The area of the lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this Ordinance.

BUILDING. Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter, or enclosure of persons, animals, chattels, or property or any kind. When any portion thereof is completely separated from every other part by division walls without openings, extending from the ground up, each such portion shall be deemed a separate building. A building shall not include such structures as signs, fences, or smokestacks. Also defined in the Michigan Building Code.

BUILDING, ACCESSORY. See ACCESSORY USE, BUILDING, OR STRUCTURE.

BUILDING ENVELOPE. See BUILDABLE AREA.

BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the coping of a flat roof; the deck line of a mansard roof; the average height between the eaves and the ridge for a gable, hip, studio (shed), or gambrel roof; or seventy-five percent (75%) of the height of an A-frame. Where a building is located on sloping terrain, the height shall be computed using the average grade measured at the building wall on all four sides

BUILDING LINE. A line formed by the greatest projecting face of the building, and for the purposes of this Ordinance, a minimum building line is the same as a front setback line.

BUILDING LINE, SIDE. A line formed by the face of the primary building adjacent to the side yard; for the purposes of this Ordinance where a primary building has two (2) or more faces along the side yard, the longest adjacent face shall be used for determining the side building line.

BUILDING, MAIN OR PRINCIPAL. A building, or where context indicates, a group of buildings, which are permanently affixed to the land and which are built, used, designed, or intended for shelter or enclosure of the principal use of the parcel.

BUILDING, TEMPORARY. A building which is not permanently affixed to the property and is permitted to exist for a specific reason for a specific period of time. An example of a temporary building is a trailer used as an office on a construction site.

CEMETERY. Land used for the burial of the dead, including columbariums, crematories, and mausoleums.

CHANGEABLE MESSAGE. Any sign designed or constructed so as the lettering or message contained thereon is capable of being changed by rearranging or installing new letters or messages without removing and replacing or resurfacing the face of such sign.

CHURCH, SYNAGOGUE, MOSQUE or similar PLACE OF WORSHIP. A building, structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services. Accessory structures and uses not directly involving religious services are excluded from this definition.

CITY. The City of Riverview, Michigan

CITY COUNCIL. The City Council of the City of Riverview, Michigan.

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

CLINIC, VETERINARY. An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services, and offices.

CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit (see also INSTITUTIONAL USES).

COLLEGE or UNIVERSITY. A school of higher learning, consisting of a building or buildings and other facilities for teaching and research. Colleges may include universities, junior colleges, trade schools, business schools, technical colleges and the like.

CO-LOCATION. The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the intent to reduce the total number of structures required to support wireless communication antennas in the City.

COMMERCIAL RADIO TOWER. A tower used to transmit or receive electromagnetic waves, where such activity is undertaken for the purposes or generating income.

COMMERCIAL USE. The use of the property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer. As used in this Ordinance "commercial use" shall not include industrial, manufacturing, or wholesale business or the rental of single or multiple family dwelling units.

COMMERCIAL VEHICLE. All motor vehicles used for the transportation of passengers for hire; constructed or used for transportation of goods, wares or merchandise; designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn; or as otherwise defined in the State Motor Vehicle Code, Michigan Public Act 300 of 1949, as amended.

COMMISSION. The Planning Commission of the City of Riverview.

CONDOMINIUM SUBDIVISION (SITE CONDOMINIUMS). A condominium is a system of separate ownership of individual units in multi-unit projects. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of this Ordinance, condominium terms shall be defined as follows.

1.

CONDOMINIUM ACT. Shall mean Michigan Public Act 59 of 1978, as amended.

2.

CONDOMINIUM LOT. That portion of a site condominium project designed and intended to function similar to a platted lot subdivision for purposes of determining minimum yard setback requirements and other requirements set forth in Article 9 (Schedule of Regulations).

3.

CONDOMINIUM SUBDIVISION PLAN. Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.

4.

CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project. A condominium unit is not a lot or a condominium lot as those terms are used in this Ordinance.

5.

COMMON ELEMENTS. Portions of the condominium project other than the condominium units.

6.

DETACHED CONDOMINIUM. A condominium project of detached units designed to be similar in appearance to a conventional single family subdivision, except that limited common areas are not arranged in such a manner as to create clearly defined condominium lots.

7.

GENERAL COMMON ELEMENTS. Common elements other than the limited common elements, intended for the common use of all co-owners.

8.

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

9.

MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.

10.

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

CONSERVATION EASEMENT. A legal agreement in which the landowner retains ownership of private property, but conveys certain specifically identified rights to a land conservation organization or a public body.

CONTAINER TERMINAL. A structure and related storage area to which containers, which may or may not contain goods, are delivered for distribution, storage, loading, unloading, or for transfer to other modes of transportation.

CONVALESCENT OR NURSING HOME. See NURSING HOME.

CO-OP (COOPERATIVE) HOUSING. A multiple dwelling unit owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.

CURB CUT. The entrance to or exit from a property provided for vehicular traffic to or from a public or private road or highway.

DAY CARE CENTER. See RESIDENTIAL CARE FACILITIES.

DAY CARE HOME FOR ELDERLY ADULTS. See RESIDENTIAL CARE FACILITIES.

DECK. A platform, commonly constructed of wood, which is typically attached to a dwelling unit, and which is typically used for outdoor leisure activities.

DENSITY. The number of dwelling units per acre of land.

DETENTION BASIN. A man-made or natural water collection facility designed to collect surface water in order to impede its flow and to permit release of the water gradually onto natural or manmade outlets.

DEVELOPMENT. The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel, lot or zoning lot, the relocation of an existing building to another location, or the improvement of open land for a new use.

DISTRIBUTION CENTER. A use which typically involves both warehouse and office/administration functions where short and/or long storage takes place in connection with the distribution operations of a wholesale or retail supply business.

DISTRICT, ZONING. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

DRIVE-IN. Any business establishment so designed that its operation involves providing a service or a product to patrons while they are in their car, rather than within a building or structure. (See also RESTAURANT, DRIVE-IN)

DRIVE-THROUGH. A business establishment whose method of operation involves the delivery of a product or service directly to a customer inside a motor vehicle, typically through a window or other appurtenance to a building. (See also RESTAURANT, DRIVE-THROUGH)

DRIVEWAY. A private lane, designed primarily for use by vehicles, that connects a structures with the road.

DWELLING. Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one (1) family. In no case shall a detached or attached garage, travel trailer, motor home, automobile, tent or other portable device not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this Ordinance.

DWELLING UNIT. One (1) or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one (1) family for living, cooking, and sleeping purposes.

DWELLING, ACCESSORY. A dwelling unit that is accessory to and contained within the principal building, and has its own kitchen, bath, living area, sleeping area, and private entrance.

DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two (2) families living independently of each other.

DWELLING, MANUFACTURED. A building or portion of a building designed for long-term residential use and characterized by all of the following:

a.

The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and

b.

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

c.

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

DWELLING, MANUFACTURED HOME. A type of manufactured housing that is transportable in one or more sections, that is built upon a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreation vehicles as described and regulated herein shall not be considered "manufactured homes" for the purposes of this Ordinance.

DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy by three (3) or more families living independently with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwelling units include those commonly known as apartments which are defined as follows:

1.

APARTMENT. An apartment is an attached dwelling unit with party walls contained in a building with other apartment units which are commonly reached off of a common stair landing or a walk-way. Apartments are typically rented by the occupants. Apartment buildings often may have central heating systems and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.

2.

EFFICIENCY UNIT. An efficiency unit is a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, and closets located directly off the principal room.

DWELLING UNIT, SINGLE-FAMILY ATTACHED OR TOWNHOUSE. A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three (3) or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.

EASEMENT. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

ELECTRONIC MESSAGE SIGN. A sign with a fixed or changing message composed of a series of lights or light-emitting diodes that may be changed through electronic means.

ENGINEER, CITY. The City Engineer is the person or firm designated by the City to advise the City administration, City Council, and Planning Commission on drainage, grading, paving, storm water management and control utilities, and other related site engineering and civil engineering issues. The City Engineer may be a consultant or employee of the City.

ENFORCEMENT OFFICIAL. The Enforcement Official is the person or persons designated by the City as being responsible for enforcing and administering the requirements of the Zoning Ordinance. Throughout this Ordinance, the Enforcement Official may be referred to as the Building Official, Community Development Director, City Engineer, or their agents. Such titles do not necessarily refer to a specific individual, but generally, the office or department most commonly associated with the administration of the regulations being referenced.

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

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare. Essential Services do not include storage yards, sales or business offices, commercial buildings or activities, school bus yards, and wireless communication facilities.

EXCAVATION. The removal or movement of any soil, sand, stone, gravel or fill materials, except common household gardening and ground care.

EXCEPTION. An exclusion from the normal Zoning Ordinance rules and regulations for the purposes of permitted particular uses or structures which are considered essential or appropriate in certain locations or under certain conditions. A variance is not required for uses or structures which are permitted because of an exception.

FAMILY. Means either of the following:

a.

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

b.

The functional equivalent of the domestic family, that is, 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 arrangement 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 enforceable by the Zoning Administrator in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six (6). Such presumption may be rebutted by application to the Planning Commission for a special land use based upon the applicable standards in this Ordinance.

FARM. The land, buildings, and machinery used in the commercial production of farm products. Farm products are plants and animals useful to human beings and include, but are not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine, and other similar products. For the purpose of this Ordinance, farms shall not include establishments for keeping or raising fur-bearing animals, private stables, commercial dog kennels, piggeries, greenhouses, or stockyards, unless such establishments are combined with other bona fide farm operations listed above which are located on the same contiguous tract of land.

FARM ANIMALS. Animals used for human food and fiber or animals used for service to humans, including cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Farm animals do not include companion animals, such as cats and dogs, that are capable of being trained and adapting to living in a human environment.

FENCE. An artificially constructed barrier or wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary.

FILL, FILLING. The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general lawn and ground care.

FLAG LOT. See LOT, FLAG.

FLOODPLAIN. Any land area susceptible to being inundated by floodwaters when high amounts of precipitation are experienced or natural cyclic conditions raise the water levels. Determinants of a floodplain are as follows:

a.

That area which typically is adjacent to a river, stream, or other body of water, and is subject to flooding from a 100 year base flood.

b.

Principal estuary courses of wetland areas that are part of the river flow system.

c.

Contiguous areas paralleling a river, stream, or other body of water that exhibit unstable soil conditions for development.

FLOODWAY. The channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge floodwaters without cumulatively increasing the water surface elevation more than one (1) foot.

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

FLOOR AREA, USABLE. That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. 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.

FRATERNAL ORGANIZATION. See CLUB.

GARAGE, PRIVATE. An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupant of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

GARAGE SALE. Any sale of personal effects, jewelry, or household items, furnishings and equipment belonging to the owner or occupant of the property held in any district by the owner, occupant or his personal representative.

GARAGE, SERVICE. See AUTOMOBILE REPAIR GARAGE.

GASOLINE SERVICE STATION. See AUTOMOBILE FILLING STATION.

GRADE, ESTABLISHED. The established grade is that elevation above mean sea level, which has been heretofore established, prior to July 1, 1976, for any subdivided lot within the City, by any one of the following:

a.

That rear yard grade as it existed on July 1, 1976, if an occupied dwelling has been erected on such subdivided lot and a permanent Certificate of Occupancy issued therefore; or

b.

That rear yard grade as it is indicated on the recorded plat for the subdivision; or

c.

That rear grade, as modified from the indicated grade on the recorded subdivision plat, by reason of surrounding development of improved parcels adjoining, by a written predetermination of grade issued by the City engineer in such instance, and filed with the City Clerk and also in the permanent records of the City engineering department.

GRADE, CERTIFIED ESTABLISHED. The certified established grade refers to the grade as certified by a registered professional engineer or a registered land surveyor at the time of the final inspection, if accepted by the city engineer, and recorded in the permanent records of the city engineering department at the time of the issuance of the Certificate of Occupancy.

GRADE, BUILDING. If there is not an established or certified established grade for a parcel, building grade shall be the grade of the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

GREENBELT. See LANDSCAPING.

GYM or GYMNASIUM. A room or building equipped for gymnastics, exercise or sport.

GUARANTEE. A cash deposit, certified check, irrevocable bank letter of credit, surety bond or such other instrument acceptable to the city.

HAZARDOUS USES. Pursuant to Michigan Public Act 451 of 1994, as amended, "hazardous substance" shall include one (1) or more of the following, but not including fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices developed pursuant to the Michigan Right to Farm Act, Act No. 93 of the Public Acts of 1981, as amended:

a.

Any substance that is demonstrated, on a case by case basis, to pose an unacceptable risk to the public health, safety, welfare, or the environment, considering the fate of the material, dose-response toxicity, or adverse impact on natural resources.

b.

"Hazardous substance" as defined in the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 94 Stat. 2767.

c.

"Hazardous waste" as defined in Chapter 3, Part 111, of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being section 324.11101 to 324.11152 of the Michigan Compiled Laws.

d.

"Petroleum" as defined in Chapter 8, Parts 211 and 213, of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being sections 324.21101 to 324.2121331 of the Michigan Compiled Laws.

HEIGHT. See BUILDING HEIGHT.

HOME OCCUPATION. An occupation or profession conducted within a dwelling unit or on a residential lot by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, and where such use complies with the provisions of this Ordinance.

HOSPICE. A lodging place for the ill where persons are housed and are furnished meals and attendant care.

HOSPITAL. An institution which is licensed by the Michigan Department of Health to provide in-patient and out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

HOTEL. A building or part of a building, with a common entrance, or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one (1) or more of the following services are offered; maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

HOUSING FOR THE ELDERLY. An institution other than a hospital, hotel, or nursing home, which provides room and board to non-transient persons primarily sixty (60) years of age and older. Housing for the elderly may include the following:

1.

SENIOR APARTMENT. Multiple-family dwelling units occupied by persons 55 years of age or older.

2.

ELDERLY HOUSING COMPLEX. A building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older.

3.

CONGREGATE HOUSING. A type of semi-independent housing facility containing a common kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support service, such as transportation and limited medical care.

4.

DEPENDENT HOUSING FACILITIES. Facilities such as nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is resistant to infiltration by water.

IMPROVEMENTS. Those features and actions associated with a project which are considered necessary by the municipality to protect natural resources or the health, safety and welfare of the residents of the City, and future users or inhabitants of the proposed project or project area, including parking areas, landscaping, roadways, lighting, utilities, sidewalks, screening and drainage. Improvements do not include the entire project which is the subject of zoning approval.

INDUSTRY, HEAVY. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT. A use engaged in the manufacture, predominately from previously prepared material of finished products or parts, including processing, fabrication, assembly treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

INGRESS AND EGRESS. As used in this Ordinance, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

INSTITUTIONAL USES. As used in this Ordinance, "institutional uses" shall include educational, social and religious institutions, such as:

a.

Public and private elementary and secondary schools, business schools or private schools operated for profit, and institutions for higher education.

b.

Auditoriums, theaters, assembly halls, concert halls and similar places of assembly.

c.

Libraries, museums and similar centers for cultural activities.

d.

Churches, temples and other places of worship.

e.

Post offices.

f.

Private clubs, fraternal organizations and lodge halls.

JUNK or SALVAGE. Any motor vehicles, machinery, appliances, products or merchandise with parts missing or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured. Junk shall also include disorderly piles of wood, such as piles of firewood.

JUNK YARD OR SALVAGE YARD. An area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including but not limited to junk, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes automobile wrecking yards and includes any open area of more than two hundred (200) square feet for storage, keeping or abandonment of junk.

KENNEL. Any lot or premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other household pets or animals.

LANDFILL. A tract of land that is used to collect and dispose of "solid waste" as defined and regulated under the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, as amended.

LANDSCAPING. The treatment of the ground surface with live plant materials and other decorative materials such as, but not limited to grass, groundcover, trees, shrubs, vines, and other living plant materials, stone, boulders, and mulch. Various landscaping-related terms are defined as follows:

1.

BERMS. A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this Ordinance.

2.

GRASS. Any of a family of plants with narrow leaves normally grown as permanent lawns in Wayne County, Michigan.

3.

GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this Ordinance.

4.

GROUND COVER. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

5.

HEDGE. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.

6.

HYDRO-SEEDING. A method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.

7.

INTERIOR PARKING LOT LANDSCAPING. A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

8.

MULCH. A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth.

9.

NURSE GRASS. Any of a variety of rapidly-growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.

10.

SCREEN OR SCREENING. A wall wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

11.

SHRUB. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than fifteen (15) feet in height.

12.

SOD. An area of grass-covered surface soil held together by matted roots.

13.

TREE. A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of fifteen (15) feet or more in Wayne County, Michigan.

a.

DECIDUOUS TREE. A variety of tree that has foliage that is shed at the end of the growing season.

b.

EVERGREEN TREE. A variety of tree that has foliage that persists and remains green throughout the year.

c.

ORNAMENTAL TREE. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of twenty-five (25) feet or less.

d.

SHADE TREE. For the purposes of this Ordinance, a shade tree is a deciduous tree which has a mature crown spread of fifteen (15) feet or greater in Wayne County, Michigan, and has a trunk with at least five (5) feet of clear stem at maturity.

14.

VINE. A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.

LARGE SOLAR ENERGY SYSTEM. A utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy by more than one (1) end user.

LIGHTING. Various lighting related terms are defined as follows:

1.

LAMP (or BULB). The source of electric light (to be distinguished from the whole assembly, which is called the luminaire). "Lamp" is often used to denote the bulb and its housing.

2.

FIXTURE. The assembly that holds the lamp in a lighting system. The fixture includes the elements designed to give light output control, such as a reflector (mirror), refractor (lens), the ballast, housing, and the attachment parts.

3.

FLOODLIGHT. A fixture or lamp designed to direct light over a broad area.

4.

FOOTCANDLE. Illuminance produced on a surface one (1) foot from a uniform point source of one candela or when one (1) lumen is distributed into an area of one (1) square foot.

5.

FULLY SHIELDED FIXTURE. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected onto the site and away from adjoining properties. Light from a fully shielded fixture is not visible from adjoining properties, and does not cause glare or interfere with the vision of motorists.

6.

GLARE. An intense and blinding light that results in reduced visual performance and visibility, and is often accompanied by discomfort.

7.

HIGH PRESSURE SODIUM (HPS) LAMP. High-intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures.

8.

INCANDESCENT LAMP. A lamp that produces light by a filament heated to a high temperature by electric current.

9.

LASER SOURCE LIGHT. An intense beam of light, in which all photons share the same wavelength.

10.

LIGHT TRESPASS. Light falling where it is not wanted or needed (also called spill light).

11.

LOW PRESSURE SODIUM (LPS) LAMP. A discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure.

12.

LUMEN. Unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one (1) candela. One (1) footcandle is one (1) lumen per square foot. One (1) lux is one (1) lumen per square meter.

13.

LUMINAIRE. The complete lighting unit, including the lamp, fixture, and other parts.

14.

MERCURY VAPOR LAMP. A high-intensity discharge lamp where the light is produced by radiation from mercury vapor.

15.

METAL HALIDE LAMP. A high-intensity discharge lamp where the light is produced by radiation from metal-halide vapors.

16.

NON-ESSENTIAL LIGHTING. Outdoor lighting which is not required for safety or security purposes.

17.

RECESSED CANOPY FIXTURE. An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

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

LOT. A measured portion of a parcel or tract of land, which is described and fixed in a recorded plat, occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records.

1.

CONTIGUOUS LOT. Lots adjoining each other.

2.

CORNER LOT. A lot abutting on and at the intersection of two (2) or more streets, provided that the streets intersect at an angle of not more than 135 degrees.

a.

Where the lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than 135 degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.

b.

For the purposes of this definition, the "street" lot line shall be the line separating the lot from the street or road right-of-way.

3.

DOUBLE FRONTAGE LOT. A lot other than a corner lot having frontage on two (2) streets, but not including a corner lot. In the case of a row of double frontage lots, one (1) street shall be designated as the front street for all lots in the plat and in the request for a zoning permit. If there are existing buildings in the same block fronting on one (1) or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.

4.

FLAG LOT. A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road. The extension, which provides access to the buildable portion of the lot, shall comply with the lot width standards for the district in which the lot is located.

5.

INTERIOR LOT. Any lot other than a corner lot with only one (1) lot line fronting on a street.

6.

THROUGH LOT. See LOT, DOUBLE FRONTAGE.

7.

ZONING LOT. For the purposes of this Ordinance, a zoning lot is defined as a parcel of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, access, and open space as required herein. "Single" ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy, or any similar entity. A zoning lot may consist of any one of the following:

a.

Single lot of record.

b.

Portion of a lot of record.

c.

Combination of lots of record, or portion(s) thereof.

d.

Condominium lot.

e.

Parcel or tract of land described by metes and bounds.

LOT AREA, NET. The total horizontal area within the lots lines of the lot, exclusive of any abutting public road rights-of-way or private road easements, or the area of any river or waterbody. The net lot area shall be used in determining compliance with minimum lot area standards.

LOT AREA, GROSS. The net lot area plus one-half (½) of the area of any public right-of-way area or private road easements immediately adjacent to or abutting the lot. The total horizontal area within the lot lines of the lot.

LOT COVERAGE. The part of percent of the lot that is occupied by buildings.

LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT LINES. The lines bounding a lot as defined herein:

1.

FRONT LOT LINE. In the case of a lot not located on a corner, the line separating said lot from the public or private road right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from the right-of-way for the road which is designated as the front on the plat, or which is designated as the front on the site plan review application or request for a building permit, subject to approval by the Planning Commission or Building Official. On a flag lot, the front lot line shall be the interior lot line most parallel to and nearest the street from which access is obtained.

2.

REAR LOT LINE. That lot line opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped, or lots pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.

3.

SIDE LOT LINE. Any lot line other than the front lot line or 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 or lots is an interior side lot line.

LOT OF RECORD. A parcel of land, the dimensions of which are shown on a subdivision plat recorded in the offices of the Wayne County Register of Deeds and City Assessor, or a lot or parcel described by metes and bounds, and accuracy of which is attended to by a land surveyor registered and licensed in the State of Michigan and is recorded with the Wayne County Register of Deeds and the City Assessor.

LOT WIDTH. The horizontal straight line distance between the side lot lines, measured at the two (2) points where the minimum front setback line intersects the side lot lines.

LOT SPLIT AND CONSOLIDATION. The dividing or uniting of lots by virtue of changes in the deeds in the office of the Wayne County Register of Deeds and the City Assessor.

MAIN ACCESS DRIVE. Any private street designed to provide access from a public street or road to a manufactured home park, apartment or condominium complex, or other private property development.

MARGINAL ACCESS ROAD. See SECONDARY ACCESS DRIVE.

MASTER PLAN. The comprehensive community plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

MECHANICAL AMUSEMENT DEVICE. Any machine or device which, upon the insertion of a coin, currency, slug, token, plate or disc, operates or may be operated as a game of contest of skill or amusement when the element of skill in such operation predominates over chance or luck. It shall include mechanical, electrical or electronic video games, mechanical grabbing devices, pinball games, mechanical, electrical or electronic baseball, football, basketball, hockey and similar sports-type games, mechanical, electrical or electronic card games, shooting games, target games, or any other machine, device or apparatus which may be used as a game of skill and wherein the player initiates, employs or directs any force generated by such machine.

MESSAGE. A communication transmitted by words, signals, graphics or other means from one (1) person, station, or group to another.

MEZZANINE. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third (⅓) of the floor area of the story in which the level or levels are located.

MINI STORAGE UNITS. Storage buildings for lease to the general public for storage of personal and household effects and for dry storage of office or business effects not including the warehousing of products or supplies.

MANUFACTURED HOME. Manufactured home SEE DWELLING, MANUFACTURED HOME

MANUFACTURED HOME PARK. A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, road, equipment or facility used or intended for use incident to the occupancy of a manufactured or mobile home, subject to the rules and requirements of the Mobile Home Commission Act, Public Act 96, of 1987, as amended (MCLA 139.2301 et seq.) and the Manufactured Housing Commission General Rules.

MANUFACTURED HOME LOT. An area within a manufactured home park which is designated for the exclusive use of a specific manufactured home.

MOTEL. A building or group of buildings occupied as a more of less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture. Motels typically provide exterior entrances and on-site parking for each unit. A motel may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.

MUNICIPALITY. The City of Riverview, Michigan.

NATURAL AREA. A land area or body of water which is generally not occupied by structures, roads, or other manmade elements, and which contains flora, fauna, biotic, geologic or other similar features having scenic, educational, or scientific value to residents. An area may be considered "natural" even though excavation, filling, or other similar activity may have previously occurred.

NATURAL RESOURCES. Natural resources include land, soils, wetlands, floodplains, surface and ground water, topography, trees and other types of vegetative cover, subsurface strata, geologic formations, animal life, and naturally occurring substances and living organisms that can be useful to people. Natural resources are of two (2) types; renewable (e.g., plants and trees) and nonrenewable (e.g., mineral resources). Natural resources may also be referred to as "natural features" in this Ordinance.

NONCONFORMITY. Any structure, lot or use of any lot, land, or structure, which does not conform at the time of adoption to this Ordinance or any amendment thereto, to the regulations for the district in which it is located.

1.

EFFECTIVE DATE. Whenever this article refers to the "effective date," the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendments created a nonconforming situation.

2.

NONCONFORMING BUILDING. A building or portion thereof that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located.

3.

NONCONFORMING LOT. A lot existing at the effective date of this Ordinance, or amendments thereto, that does not meet the minimum area or dimensional requirements of the district in which the lot is located.

4.

NONCONFORMING SIGN. A sign that on the effective date of this Ordinance does not conform to one (1) or more regulations set forth in the Ordinance.

5.

NONCONFORMING STRUCTURE. A structure or portion thereof that does not meet the limitations on structure size, location on a lot, or other regulations for the district in which such structure is located.

6.

NONCONFORMING USE. A use which was lawfully in existence at the effective date of this Ordinance, or amendment thereto, and which does not now conform to the use regulations of this Ordinance for the zoning district in which it is now located.

7.

STRUCTURAL NONCONFORMITY. A nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. Also sometimes referred to as a "dimensional nonconformity."

NUISANCE. Any offensive, annoying, unpleasant or obnoxious object or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which prevents the free use of one's property or renders its normal use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.

NURSERY, PLANT MATERIALS. A space, building or structure, or combination thereof, where live trees, shrubs or plants used for gardening or landscaping are propagated, stored, and/or offered for retail sale on the zoning lot, but not including any space, building, or structure used principally for the sale of fruits, vegetables, or Christmas trees.

NURSERY SCHOOL. See RESIDENTIAL CARE FACILITIES.

NURSING HOME, CONVALESCENT HOME, OR REST HOME. A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two (2) or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Act 139 of 1956, as amended.

OCCUPANCY, CHANGE OF. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution of a use of a different kind or class, or, the expansion of a use.

OCCUPIED. Used in any way at the time in question, including for storage.

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

OIL OR GAS PROCESSING PLANTS. A facility designed for separating, metering, holding and marketing of oil and gas production, including sweetening plants designed for the removal of sulfur compounds from natural gas, but not including oil refineries.

OPEN AIR BUSINESS. Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open air business shall include:

a.

Retail sales of garden supplies and equipment, including but not limited to trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

b.

Roadside stands for the sale of agricultural products.

c.

Various outdoor recreation uses, including, but not limited to tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and amusement parks.

d.

Outdoor display and sale of garages, swimming pools, playground equipment, and uses.

OPEN FRONT STORE. A business establishment so developed that service to the patrons 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 or gasoline service stations.

OPEN SPACE. Any parcel or area of land or water that is generally free of structures and that is set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be required for recreation, resource protection, aesthetics, or other purposes.

OPEN STORAGE. The storage of any materials or objects outside the confines of a building.

OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material merchandise, or vehicles in the same place for more than twenty-four (24) hours.

OVERLAY DISTRICT. Zoning classification and regulations applicable to a particular property in addition to the base zoning regulations. Examples of overlay districts include historic districts, special neighborhood design districts, etc.

PARCEL. A continuous area or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act and has frontage on a public street.

PARKING LOT, OFF-STREET. A facility providing off-street vehicular parking spaces and drives or aisles for the parking of more than three (3) vehicles

PARKING SPACE. An area of definite length and width as designated in this Ordinance, exclusive of drives, aisles or entrances giving access thereto, for parking an automobile or other vehicle and which is fully accessible for such purposes.

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

PERSON. An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

PET. A domesticated dog, cat, bird, gerbil hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.

PHOTOVOLTAIC DEVICE. A system of components that generates electric energy from incident sunlight by means of the photovoltaic effect, whether or not the device is able to store the electric energy produced for later use.

PLANNED DEVELOPMENT. A planning or construction project involving the use of special zoning requirements and review procedures which are intended to provide design and regulate flexibility, so as to encourage innovation in land use planning and design and thereby achieve a higher quality of development than might otherwise be possible.

PLANNER, CITY. The City Planner is the person or firm designated by the City Council to advise the City administration, City Council, and Planning Commission on planning, zoning, land use, housing, and other related planning and development issues. The City Planner may be a consultant or an employee of the City.

PLANNING COMMISSION. The Planning Commission of the City of Riverview.

PLAT, SUBDIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of development in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended, and the Subdivision Regulations contained in the City of Riverview Code of Ordinances.

PLOT PLAN. See SKETCH PLAN.

PRINCIPAL USE. See USE, PRINCIPAL.

PRIVATE STREET OR ROAD. See ROAD.

PROPERTY LINE. The line separating a piece of property from the street right-of-way and the lines separating a parcel of property form the parcels next to it. See also LOT LINE.

PUBLIC UTILITY. A person, firm or corporation, municipal department, board or commission duly authorized to furnish under federal, state or municipal regulations a service which is of public consequence and need. The principal distinctive characteristics of a public utility are that:

a.

The principal nature and scope of its business has characteristics of a natural monopoly; and

b.

It provides a service to an indefinite public (or portion of the public) which has a legal right to demand and receive its services.

RECEPTION ANTENNA. An apparatus installed out-of-doors which is capable of receiving communications for radio and/or television purposes, including satellite reception antennae, but excluding such facilities that have been preempted from Municipal regulation by applicable state or federal laws or regulations.

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

RECREATION LAND. Any public or privately owned lot or land that is utilitized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.

RECREATIONAL VEHICLE. Recreational Vehicles shall include the following, as defined in the City of Riverview Code of Ordinances:

1.

BOATS AND BOAT TRAILERS. Motorized or floatation equipment which may be used on the water, plus the normal equipment used to transport the same on the highway. "Boats and "boat trailers" shall include jet skis, sea-doos, floats, rafts, and similar devices and equipment.

2.

FOLDING TENT TRAILER. A folding structure, mounted on wheels and designed for travel and vacation use.

3.

MOTORIZED HOME. A recreational vehicle which is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

4.

PICKUP CAMPER. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation uses.

5.

TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer; or a movable or portable dwelling, eight (8) feet or less in width by thirty-three (33) feet of less in length constructed to be towed on its own chassis and connected to utilities and designed without a permanent foundation for year-round living.

6.

HORSE TRAILER. A structure, mounted on wheels and designed primarily to be used for the transportation of horses.

7.

SNOWMOBILES, GO-CARTS, MOTORCYCLES, MODPEDS, DIRTBIKES, or DUNEBUGGIES. Motorized vehicles designed primarily for recreational travel or off-road use.

8.

UTILITIY TRAILERS. A vehicle used to transport boats, motorcycles, snowmobiles, go-carts, and similar devices and equipment.

RECREATIONAL FACILITIES. Playgrounds, parks, picnic areas, golf courses, ball fields, camps, swimming pools, nature preserves or any other type of community space or equipment that is designed to provide the user with the opportunity to relax, engage in athletic activity, or engage in other leisure pursuits.

RECYCLING CENTER. A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.

RESIDENTIAL CARE FACILITIES:

1.

CHILD CARE ORGANIZATION. A facility for the care of children under 18 years of age, as licensed and regulated under the Child Care Organizations Act, Public Act 116 of 1973, as amended, and the associated rules promulgated by the State of Michigan. Such organizations shall be further defined as follows:

a.

CHILD CARE CENTER or DAY CARE CENTER. A facility, other than a private residence, receiving more than six (6) pre-school or school age children for group care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two (2) 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. "Child care center" or "day care center" does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

b.

FOSTER FAMILY HOME. A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

c.

FOSTER FAMILY GROUP HOME. A private home in which more than four (4) but less than seven (7) children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

d.

FAMILY DAY CARE HOME. A private home in which one (1) but not more than six (6) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.

e.

GROUP DAY CARE HOME. A private home in which one (1) but not more than twelve (12) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.

2.

ADULT FOSTER CARE. A facility for the care of adults, over eighteen (18) years of age, as licensed and regulated under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, as amended, and the associated rules promulgated by the State of Michigan. Such organizations shall be defined as

a.

ADULT FOSTER CARE FACILITY. A governmental or nongovernmental 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 centers, or a residential center for persons released from or assigned to a correctional facility.

b.

ADULT FOSTER CARE SMALL GROUP HOME. A facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.

c.

ADULT FOSTER CARE LARGE GROUP HOME. A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.

d.

ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week or for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

RECYCLING COLLECTION STATION. A facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.

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

1.

BAR/LOUNGE. A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

2.

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

3.

DRIVE-IN RESTAURANT. A drive-in restaurant is a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

4.

DRIVE-THROUGH RESTAURANT. A drive-through restaurant is a restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.

5.

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

6.

STANDARD RESTAURANT. A standard restaurant is a restaurant whose method of operation involves either:

a.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or

b.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

RETENTION BASIN. A pond, pool, or basin used for the long-term storage of water runoff.

RIGHT-OF-WAY. The strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.

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

1.

PRIVATE ROAD. Any road that is to be privately maintained and has not been accepted for maintenance by Wayne County, the State of Michigan, the federal government, or any other governmental unit, but that meets the requirements of these Zoning Regulations or has been approved as a private road by the City under any prior Ordinance.

2.

PUBLIC ROAD. Any road or portion of a road that has been dedicated to and accepted for maintenance by Wayne County, State of Michigan, the federal government or any other governmental unit.

3.

ARTERIAL ROAD. A road that carries a high volume of traffic and serves as an avenue for circulation of traffic onto, out of, or around the City. An arterial road may also be a major thoroughfare.

4.

COLLECTOR STREET. A road whose principal function is to carry traffic between minor and local roads and arterial roads but may also provide direct access to abutting properties.

5.

CUL-DE-SAC. A road that terminates in a vehicular turnaround.

6.

MAJOR THOROUGHFARE. An arterial road that is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan.

7.

LOCAL STREET. A road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.

ROADSIDE STAND. A temporary structure or use operated for the purpose of seasonally selling agricultural products, a portion of which are raised or produced on the same premises by the proprietor of the stand. A roadside stand shall not include small operations consisting of a portable table that are operated intermittently.

ROOM. For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one-, two- or three-bedroom units and including a "den," "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.

SATELLITE EARTH STATION. See RECEPTION ANTENNA.

SECONDARY ACCESS DRIVE. A road that is generally parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are separated from the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.

SEMI-TRAILER. A trailer, which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

SETBACK. The distance between the front, side or rear lot line and the nearest part of the structure on the lot.

1.

MINIMUM REQUIRED SETBACK. The minimum distance between a front, side or rear lot line and the nearest part of the structure in order to conform to the required yard setback provisions of this Ordinance (see definition of YARD).

SHOPPING CENTER. A grouping of retail businesses and service uses on a single site with common parking facilities.

SHOPPING MALL. A grouping of retail businesses and service uses on a single site and in an enclosed building with common parking facilities.

SIGN. Any surface, fabric, device, display, structure, fixture, placard, or similar visual medium, including all component parts, which bears writing, representations, emblems, graphic designs, logos, trademarks, pictorial forms, sculptured matter or any figures of similar character or the purpose of conveying information, or informing or attracting the attention of persons. Signs shall include banners, bulbs, other lighting devices, streamers, pennants, balloons, propellers, flags or similar devices. Unless otherwise indicated, the definition of "sign" includes interior or exterior signs which are visible from any public street, sidewalk, alley, park or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located.

1.

ABANDONED SIGN. A sign that advertises a product or service that is no longer sold, produced, manufactured or furnished on the premises, or that is associated with a use that has been discontinued for more than 180 calendar days.

2.

ACCESSORY SIGN. A sign which pertains to the principal use of the premises.

3.

BILLBOARD or NON-ACCESSORY SIGN. A sign that does not pertain to the principal use of the premises, or that advertises one (1) or more businesses, products, services, facilities or events not sold, distributed, manufactured or furnished on the premises where the sign is located. Also referred to as "outdoor advertising," or "off-premises sign."

4.

BUILDING-MOUNTED SIGN. A display sign that is painted on, adjacent to or attached to a building wall, door, window or related architectural feature. Such signs would include, but are not limited to canopy, marquee, wall or window signs.

a.

BUILDING DIRECTORY. A wall sign where individual occupants of a building whose space is not located on the street level may display information directing visitors to their portion of the building.

b.

AWNING SIGN. A sign which is painted on, printed on or attached to an awning or canopy.

c.

PROJECTING SIGN or MARQUEE. A display sign attached to or hung from a marquee or other structure projecting from and supported by the building and extending more than 18 inches beyond the building wall, building line or street right-of-way line.

d.

WALL SIGN. A sign painted on, or attached parallel to the exterior surface of a building wall, door, window or related architectural feature and extending not more than 18 inches from the wall with no copy on the sides or edges.

e.

WINDOW SIGN. A sign affixed to or installed inside a window so as to be observable from the exterior of the building.

5.

CLEARANCE. The vertical distance between the surface grade beneath the sign and the lowest point of the sign, including framework and embellishments.

6.

DAMAGED SIGN. A sign or supporting structure which is torn, defaced, dented, smashed, broken, vandalized or destroyed.

7.

DECORATIVE DISPLAY. A decorative, temporary display designed for the entertainment or cultural enrichment of the public and having no direct or indirect sales or advertising content.

8.

DIRECTIONAL SIGN. A sign that uses arrows or words like "enter" and "exit" to regulate on-site traffic and parking.

9.

GROUND SIGN. A freestanding sign supported by one or more columns, uprights or braces in the ground surface. Also referred to as a "freestanding sign."

10.

MONUMENT SIGN. A ground sign mounted directly to a base with no clearance between the established grade and the bottom of the sign.

11.

NAMEPLATE. A non-illuminated, on-premises wall sign identifying the name of the occupant of a residential dwelling unit or the name and profession of the occupants of a non-residential building.

12.

NONCOMBUSTIBLE MATERIAL. Any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

13.

NONCONFORMING SIGN. A sign which was erected legally, but which is not in compliance with current Ordinance provisions for signs. The definition of "nonconforming sign" shall not include any sign located within a street right-of-way, or any sign that is missing necessary structural and functional components.

14.

PORTABLE SIGN. A sign that is not permanently affixed to the ground or structure and is capable of being easily moved from one (1) location to another.

15.

ROOF SIGN. Any sign erected or maintained on or above the roof of the building, or that extends above the roofline.

16.

SIGN AREA. The gross surface area within a single continuous perimeter enclosing the extreme limits of all sign copy or surface of any internally-illuminated sign, awning or canopy. Such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

17.

SIGNABLE AREA. The area of the street level portion of a principal building's front facade wall, including doors and windows, facing a public street where the address or primary public entrance is located.

18.

SIGN COPY. Writing, representations, emblems, logos, pictorial forms, sculptured matter or any figures of similar character, together with any frame, tower, or other materials, color or internally-illuminated area forming an integral part of a display to convey information or attract attention.

a.

ANIMATED. Sign or sign copy that flashes, moves, revolves, cycles or is otherwise altered or changed by mechanical or electrical means at intervals of less than once per hour.

b.

CHANGEABLE. Moveable letters or other forms of sign copy, not including animated copy, that can be altered by natural, mechanical or electrical means without replacing the sign copy area.

19.

SIGN HEIGHT. The vertical distance measured from the average grade at the sign location to the highest point of the sign.

20.

SITE ENTRY FEATURE WITH SIGNAGE. A sign identifying the name of and defining the entrance to a residential subdivision, apartment community, condominium development, manufactured housing park, office, research or industrial park or similar development.

21.

TEMPORARY SIGN. Display signs, banners, balloons, festoons or other advertising devices constructed of cloth, canvas, fabric, plastic or other light temporary material, with or without a structural frame, or any other sign intended for a limited period of display, but not including decorative displays for holidays or public demonstration.

a.

BALLOON. Any air filled or gas filled object tethered to a fixed location and used as a means of directing attention to any business, profession, commodity, service, product or entertainment.

b.

BANNER. A temporary sign made of fabric or other non-rigid material with no enclosing framework.

c.

FESTOONS. A string of ribbons, tinsel, small flags or pinwheels.

22.

UNLAWFUL SIGN. A sign for which no valid permit was issued by the City at the time such sign was erected, or a sign that is not in compliance with the current Zoning Ordinance and does not meet the definition of a nonconforming sign.

23.

UNSAFE SIGN. A sign that is not properly secured, in danger of falling, or otherwise in a condition hazardous to the public health, safety or welfare.

SITE PLAN. A plan, prepared to scale, as required by Article 28.01 (Site Plan Review) showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

SKETCH PLAN. A plan that is prepared according to requirements stated in these zoning regulations, containing required information required for a sketch plan. A sketch plan is less detailed than a formal site plan. A sketch plan is generally used for discussion or conceptual purposes in advance of a formal site plan submission. A sketch plan does not substitute for a formal site plan.

SOLAR ARRAY. Any number of photovoltaic devices connected together to provide a single output of electric energy or other energy.

SPECIAL EVENT. An occurrence or noteworthy happening of seasonal, civic, or church importance, which is organized and sponsored by a non-profit City of Riverview community group, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two (2) weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

SPECIAL LAND USE. Special land uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district or districts.

STORY. That part of a building, except a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it.

a.

A mezzanine shall be deemed a full story when it covers more than one-third (⅓) of the area of the story underneath, or, if the vertical distance from the floor next below the mezzanine to the floor above it is twenty-four (24) feet or more.

b.

A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is half than the vertical distance from the average grade to the ceiling.

STORY, HALF. An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet in area with a clear ceiling height of seven (7) feet six (6) inches. For the purposes of this Ordinance, the usable floor area is only that area having at least five (5) feet clear height between floor and ceiling.

STREET. See ROAD.

STREET LOT LINE. A dividing line between the street and a lot, also known as the right-of-way line.

STRUCTURAL ADDITION. Any alteration that changes the location of the exterior walls or area of a building.

STRUCTURE. Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on or in the ground.

SUBDIVISION. See PLAT, SUBDIVISION.

SWIMMING POOL. Shall mean any permanent, non-portable structure or container located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or bathing.

TRACT. Two (2) or more parcels that share a common property line and are under the same ownership.

TRANSITION. For the purposes of this Ordinance, the word or term transition or transitional shall mean a zoning district which may serve as a district of transition; i.e., a buffer zone between various land use districts or land use types.

TEMPORARY USE OR BUILDING. A use or building permitted to exist for a limited period of time under the conditions and procedures as provided for in this Ordinance.

THEATER. An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.

THOROUGHFARE. See ROAD.

TOXIC OR HARZARDOUS WASTE. Waste or a combination of waste and other deposited, stored or disposed material (including but not limited to solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical chemical or infectious characteristics may (if improperly treated, deposited, stored, transported, disposed or otherwise managed) cause or significantly contribute to the following conditions:

a.

An increase in mortality, or

b.

An increase in serious irreversible illness, or

c.

Serious incapacitating, but reversible illness, or

d.

Substantial present or potential hazard to human health or the environment.

TRUCK TERMINAL. A structure and related storage area to which goods are delivered for distribution or to be amalgamated or divided for delivering in larger or small units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

UNDERLYING ZONING. The zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel Planned Development or the base zoning regulations applicable to an overlay zoning district.

USABLE OPEN SPACE. Open space is "usable" if it is accessible to a majority of residents of a development for recreation or leisure activities. Examples of usable open space include, but are not limited to, open fields and woodlands.

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

1.

ACCESSORY USE. See ACCESSORY USE, BUILDING, OR STRUCTURE.

2.

PERMITTED USE. A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

3.

PRINCIPAL USE. The principal use is the main use of land and buildings and the main purpose for which land and buildings exist.

4.

SPECIAL LAND USE. See SPECIAL LAND USE.

VETERINARY HOSPITAL. See CLINIC, VETERINARY.

VARIANCE. A modification of the literal provisions of the Zoning Ordinance granted by the Zoning Board of Appeals when strict enforcement of the Zoning Ordinance would cause practical difficulties owing to circumstances unique to the individual property on which the variance is granted.

WALL, OBSCURING. See LANDSCAPING: SCREENING.

WAREHOUSE. A building used primarily for storage of goods and materials. See also DISTRIBUTION CENTER.

WETLAND. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

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

a.

Contiguous to an inland waterbody or pond, or a river or stream;

b.

Not contiguous to an inland waterbody or pond, or a river or stream, and more than five (5) acres in size;

c.

Not contiguous to an inland or pond, or river or stream; and five (5) acres or less in size if the Michigan Department of Environmental Quality (MDEQ) determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the property owner.

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

WIRELESS COMMUNICATION FACILITY. All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

WIRELESS COMMUNICATION SUPPORT STRUCTURES. Structures erected or modified to support wireless communication antennas, including but not limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

YARDS. The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein:

1.

FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the principal building.

2.

REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building. In the case of a corner lot, the rear yard may be opposite either street frontage, but there shall be only one (1) rear yard.

3.

SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the principal building.

ZONING ADMINISTRATOR. The Zoning Administrator is the person or persons designated by the City to administer the Zoning Ordinance on a day-to-day basis, including but not limited to processing applications, maintaining the minutes of the Planning Commission, sending notices of public hearings, and similar work. The duties of the Zoning Administrator may be filled by people holding other positions, such as the Community Development Director or consultant.

ZONING BOARD OF APPEALS. The Zoning Board of Appeals for the City of Riverview, Michigan.

ILLUSTRATIONS

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(Ord. No. 662, art. I, 3-18-2013; Ord. No. 694, art. I, 12-4-2017)