(a)

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

(b)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word "herein" means this chapter; the word "regulation" means the regulations of this chapter; and the words "this chapter" shall mean "the Ordinance text, tables and maps included herein, as enacted or subsequently amended."

(c)

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

(d)

The "village" is the Village of Schoolcraft in the County of Kalamazoo, State of Michigan; and "village council," "board of appeals," and "planning commission" are respectively the Village Council, Board of Appeals, and Planning Commission of the Village of Schoolcraft.

(e)

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

Accessory use. An accessory use is a use subordinate and customarily incidental to the main use on a lot.

Adult foster care facility. A governmental or private facility for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped and who require supervision but not continuous nursing care.

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

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

Animal. Animal shall mean dog, cat, bird, reptile, mammal, fish or any other dumb creature.

Assisted living. Housing for elderly or disabled people that provides nursing care, housekeeping and prepared meals as needed.

Audio speaker. Also known as a loudspeaker. Any of various devices, usually electronic, by which speech, music and other sounds are transformed from electronic signals into amplified sound.

Automobile or trailer sales area. An area used for the display, sale or rental of new and used motor vehicles, boats or trailers (including mobile homes) in operable condition and where no repair work is done.

Automobile repair—Major. An automotive repair establishment which may conduct activities defined herein as minor repairs and one or more of the following: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles, major overhauling of engine requiring removal of cylinder head or crank casepan, recapping or retreading of tires, steam cleaning and similar activities.

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

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

Automobile wash establishment. Any building or structure or portion thereof either as a principal or accessory use containing facilities for washing motor vehicles using production line methods with a conveyor, blower, or other mechanical washing devices; and shall also include coin and attendant operated drive through, automatic self serve, track mounted units, and similar high-volume washing establishments, and may include hand-washing operations.

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

Bed and breakfast facility. A bed and breakfast facility is a building, other than a hotel, where lodgings and light breakfasts for persons, other than the family, are regularly served for compensation.

Board of zoning appeals. See "zoning board of appeals."

Building. A building is an edifice, framed or constructed and designed to stand more or less permanently and covering a space of land, for use as a dwelling, store, storehouse, factory, sign, shelter or for some other useful purpose. Building in this sense includes a wall, fence, monument, board fence or similar structure, trailer, tent, or vehicle used as a dwelling.

Building, accessory. A building that is customarily incidental and subordinate to the principal building(s) on the property and physically detached from the principal building(s). An accessory building may not share a common wall or common roof with a principal building.

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

Building, height. Building height is the vertical distance from the average elevation of the street curb paralleling the front, or if on a street corner, the front and side, of the building, to the highest point of the roof surface if the roof is flat; to the deck line, if the roof is of the mansard type; or to the average height between the eaves and the ridge if the roof is gable, hip or gambrel type.

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

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

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

Building, principal. A building in which the principal use(s) of the property is conducted.

Church, temple, place of worship of religious institution. A type of institutional use or site used for regular assembly of persons, for the conducting of religious services, and for related accessory uses, including offices and living quarters for church ministry, and other members of the religious order who carry out their duties primarily on-site religious classes, day care and limited recreation facilities. Rescue missions, tent revivals, and other temporary assemblies are not included in this definition.

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

Commercial vehicle. Any motor vehicle other than a motorcycle or passenger automobile designed or used primarily for transportation of persons or property.

Condominium. Is the manner in which real property is owned. It is a combination of ownership in fee simple of the interior space of a townhouse, apartment, commercial or industrial building, plus an undivided ownership, in common with other purchasers, of the common elements in the structure, including the land and its appurtenances.

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

Convalescent or nursing home. A convalescent home or nursing home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders wherein seven or more persons are cared for. Said home shall conform and qualify for license under state law, according to Public Act 368 of 2007 as amended.

Curb level (grade). Curb level or grade is the mean level of the established curb in front of the building. Where no curb has been established the village engineer shall establish such curb level for the purpose of these regulations.

Day care facility.

(1)

Child care center: A facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility which provides care for not less than two consecutive weeks regardless of the number of hours of care per day. The facility includes child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center.

(2)

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

(3)

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

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

In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purpose of this chapter and shall comply with the provisions hereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed as part of a dwelling for area requirements.

A.

Dwelling, multiple: A multiple dwelling is a building used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including homes.

B.

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

C.

Dwelling, two-family: A detached two-family dwelling is that occupied by two families, each provided with separate facilities for each family for living accommodations. Also known as a duplex dwelling.

D.

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

E.

Efficiency unit: An efficiency unit is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room providing not less than 350 square feet of floor area.

Easement. A grant of one or more of the property rights by a landowner to, or for use by the public or another person or entity.

Erected. The word "erected" includes built, constructed, reconstructed, moved upon; and "erecting" includes any physical operations required for the building on the premises where the building is being constructed, reconstructed, or moved. Excavating, filling, draining, and the like, shall be considered a part of erecting.

Essential services. The use of land without structures by a public utility or village agency for the construction, alteration, maintenance and use by a public utility or city agency of underground, surface, or overhead structures where necessary for the furnishing of services by such public utilities or village agencies. In the case of public utilities, such essential services shall not include buildings. All new structures and uses by a public utility and village agencies not otherwise in strict conformity with this article propose as an essential service exemption shall be subject to site plan review.

Family. An individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and household assistants of the principal occupants, who are domiciled together as a single housekeeping unit in a dwelling unit; or a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, half-way house, lodge, coterie, organization, group of students, or other individual whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of a school term or during a period of rehabilitation or treatment or is otherwise not intended to be of a permanent nature.

Fence. Any freestanding, upright structure constructed of barriers that enclose, divide, delineate, or screen either the whole or any portion of any given area.

First story. A first story is the lowest story of a building the ceiling of which is more than seven feet above the average surface elevation of the ground, or sidewalk adjacent to its exterior walls.

Floor area.

A.

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

B.

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

C.

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

D.

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

Frontage. The total length along which a parcel of land fronts on a street, measured along the line where the property abuts the street right-of-way.

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

Garage, private. A building or portion of a building attached to the principal building, or a detached accessory building, used for the storage of vehicles or other personal property and not for human habitation.

Garage, public. A public garage is any building or premises, other than a gasoline filling station, used for the housing or care of more than three automobiles, or where any such automobiles are equipped for operations, repaired or kept for remuneration, hire, or sale.

Garden apartments. A residential structure having a height limit of two and one-half stories and containing three or more attached rooms or suites of rooms, each room or suite having its own cooking facilities and being used as a dwelling for one family.

Gasoline convenience store. An establishment which includes buildings and premises for the primary purpose of retail sales of gasoline. A gasoline convenience store may also include an area devoted to the sales of automotive items and convenience goods primarily sold to patrons purchasing gasoline.

Gasoline service station. A gasoline service station is a space, structure, building or part of a building, used for the retail sale, or supply of motor vehicle fuels and any other accessory for sale or retail as a clearly secondary activity.

Greenbelt. A vegetative strip intended to provide physical separation and visual screening between potentially incompatible uses; be sufficient to screen or filter views of building walls, loading areas, parked vehicles, and outdoor storage areas; moderate harsh or unpleasant sounds; filter air pollutants; and/or slow the effects of storm water runoff.

Gross site area. The total area within and conforming to the legal description of the site.

Hazardous materials. Any materials that have been declared to be hazardous to any agency of the State of Michigan or of the United States, including but not limited to toxic materials and metal hydroxides.

Hedge. Any planting of shrubs, bushes, or any kind of plant designed, installed, maintained, and planted in a line or in groups that form a compact, dense, living barrier that protects, shields, separates, or demarcates either the whole or any portion of any given area from view.

Home occupation. Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

Housing for the elderly and handicapped. A multiple-family development having the following tenant eligibility requirements. Prior to occupancy tenants must be:

(1)

Families or two or more persons, the head of which (or the spouse of which) is 62 years of age or older, or is handicapped; or

(2)

Single persons who are 62 years of age or older or who are handicapped.

a.

A handicapped person is one whose impairment:

1.

Is expected to be continued and of indefinite duration;

2.

Substantially impedes his ability to live independently; or

3.

Is such that his ability to live independently could be improved by more suitable housing.

Institutional uses. Churches, schools, hospitals, and other similar public or semi-public uses. This excludes nursing homes, convalescent homes, adult foster care facilities.

Junk yard. Any land area including buildings thereon used primarily for the outdoor collecting, storage and abandonment of waste paper, rags, scrap metal or discarded materials which are for sale; or which is used for the outdoor collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition for the sale of parts thereof.

Kennel. Any lot or premises on which four or more common house pets are kept permanently or temporarily boarded outside of the residence.

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

Landscaped area. A portion of land area which has been changed, rearranged, or to which plant materials or scenery have been added to produce an aesthetic effect appropriate for a residential area.

Light industry. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials.

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

Lodging house. A lodging house is a building or part thereof, other than a hotel, including so-called tourist homes, where lodgings are provided for hire, more or less transiently, and with or without provision for meals.

Lot. A plot or parcel of land occupied, or designed to be occupied by a building(s), and the accessory buildings or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings in accordance with applicable zoning regulation of the village.

Lot area. Area of a lot bounded by lot lines.

Lot, corner A lot whose lot lines form an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting on a curved street or streets shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees.

Lot, through. A lot other than a corner lot having frontage or two more or less parallel streets.

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

Lot line. A boundary line of a lot.

Lot line, rear Any lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.

Lot line, front. The exterior line or right-of-way of a road on which a lot fronts or abuts.

Lot line, side. Any lot line not a front or rear lot line.

Lot of record. A lot which actually exists in a subdivision plat as shown on the records of the county register of deeds, or a lot or parcel described by metes and bounds, the description or which has been so recorded.

Lot width. The average distance between side lot lines measured at the building line, on a line parallel to the street, and measured at right angles to the side lot lines.

Mobile home. A structure transportable in one or more sections which is built on a chassis and designed to be used with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle (Act 419, Michigan P.A. of 1976). All mobile homes must conform to the U.S. Department of Housing and Urban Development's code for mobile homes. Mobile home includes a double-wide unit.

Mobile home park. A parcel or tract of land, under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis, and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended or used incidental to the occupancy of a mobile home, and which is not intended for use as recreation vehicle trailer park (Act 95, Michigan P.A. of 1997).

Modular. A structure which meets the requirements of the B.O.C.A. building and construction code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, when connected to the required utilities, such as plumbing, heating, and electrical systems. Pursuant to B.O.C.A. the characteristics of modular are:

(1)

A pitched roof of heavy truss construction able to support a "deadweight" of at least 40 pounds, and having roof shingling of five-inch exposure;

(2)

A heavy deck flooring of wood on two by eight floor joists;

(3)

A drain ventilation size of three inches in diameter extending 12 inches above the roof; and

(4)

Establishment on a poured wall or cement block and mortar foundation.

Motel or hotel.

(1)

Motel: A series of rental units which have separate entrances containing a bedroom, bathroom, and closet space, but typically not cooking facilities. Units shall provide for overnight lodging, and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle. A motel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms as accessory uses.

(2)

Hotel: Any building with a common entrance or entrances containing six or more guestrooms intended or designed to be used, or which are used, rented, hired out to be occupied or which are occupied for sleeping purposes for guests. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms as accessory uses.

Mural. A mural is defined as a design or representation that is painted, drawn, or produced and which is executed directly on or affixed to a wall that does not direct attention to a product, service, place, activity, person, institution, or business for advertisement or solicitation.

Nonconforming lot of record (substandard lot). A lot lawfully existing at the effective date of this chapter, or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

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

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

Nuisance. The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewerage, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this chapter, nuisances and all such nuisances are hereby declared illegal.

Open air business. An open-air business is defined as a business operated substantially in the open air, including, but not limited to uses like:

(1)

Sale, repair, rental or storage of bicycles, utility trucks or trailers, motor vehicles, boats, or home equipment.

(2)

Outdoor display and sale of garages, motor homes, manufactured homes, snowmobiles, farm implements, swimming pools, and similar activities.

(3)

Retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

(4)

Entertainment services like tennis courts, shuffleboard, horseshoe courts, archery ranges, miniature golf, golf driving ranges, children's amusement park or similar recreation uses (transient or permanent).

Outdoor furnace. A fuel-fired boiler or furnace, fueled by wood, coal, corn, or other types of fuel, located outside the structure it is used to heat, with the designated purpose of providing indoor heat for water and/or air for a residence or other structure. This definition shall not include boilers or furnaces fueled by natural gas, propane, or fuel oil if the boiler or furnace has been inspected and approved by the village mechanical inspector.

Planning commission. The "planning commission" shall mean the Village of Schoolcraft planning commission and shall have all powers granted under authority of Act 33 of the Public Acts of 2008, as amended, and as provided in this chapter.

Private service garage. Any premises used for the storage or care of motor driven vehicles, where any such vehicles are equipped for operation, repaired and maintained for use by the business utilizing said services.

Protective measures fence. A fence erected for the expressed purpose of the protection of the enclosed area and its contents.

Public utility. A public utility is any person, firm, corporation, municipal department or board duly authorized to furnish or furnishing under regulation, to the public, electricity, gas, steam, communication, transportation, drainage or water.

Recreation vehicle or equipment. A vehicle or equipment used for recreational or leisure pursuits. Such vehicles shall include boats, airplanes, special purpose automobiles, floats, rafts, motorcycles, golf carts, ATVs, UTVs, 4-wheelers, trailers, snowmobiles, camping or travel trailers, motorized homes, detachable travel equipment of the type adaptable to light trucks, and other equipment or vehicles of a similar nature.

Repairs. Repairs are the rebuilding or renewal of a part of an existing building or the purpose of maintaining its original type and classification.

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

Restaurant. A 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, sidewalk, fast food, sit down restaurant, and/or bar/lounge, or combination thereof, as defined below;

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

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

Drive through restaurant: A drive through restaurant is a business whose method of operation involves the delivery of the prepared food in a motor vehicle, typically through a drive through window, for consumption off the premises. Any restaurant with a drive through operation, whether the principal or accessory use, shall be defined as a drive through restaurant.

Fast food restaurant: A fast food restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state for consumption either within the restaurant building or for carry out with consumption off the premises, and whose design or principal method of operation includes foods, frozen desserts, or beverages which are usually served in edible containers, or in paper, plastic, and other disposable containers.

Sidewalk restaurant: A sidewalk restaurant is an establishment that sells food or beverages through a window to serve pedestrians not requiring the patron to enter the structure. Any restaurant with an open front window shall meet the ordinance standards for open-front windows whether the use is principal or accessory.

Sit down restaurant: A standard restaurant is a business whose method of operation involves either:

1.

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

2.

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.

Bar/lounge/tavern: A bar, lounge, or tavern is a type of restaurant which is operated 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.

Paved road or street, private. A private right-of-way reserved for the use of the occupants of the abutting structures. Said private street shall not be accepted by the Village of Schoolcraft for maintenance in any form and shall have a minimum 30-foot paved width.

Retail shop. A business primarily characterized by the sale of goods or merchandise for personal, household or business consumption, and rendering of services incidental to the sale of such goods, for which the total area of such use shall not exceed 2,500 square feet.

Retail store. A business primarily characterized by the sale of goods or merchandise for personal, household or business consumption, and rendering of services incidental to the sale of such goods, for which the total area of such use shall be 2,500 square feet or more.

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

Setback. Setback is the minimum horizontal distance between the front line of a building, excluding steps, and the street right-of-way line.

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

Sidewalk line. The edge of the established sidewalk nearest the established lot line of any property within the village.

Signs. For the purpose of this chapter, the term "sign" shall mean and include any announcement, declaration, display, illustration, or insignia used to advertise or promote the interests or any person or product when the same is placed out-of-doors in view of the general public. See section 62-482 for specific sign definitions.

Special use permit. A permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location or relation to the Village of Schoolcraft, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. Such uses shall be permitted when the specific review criteria provided in this chapter for them are met.

State licensed residential facility. A residential care facility licensed by the State of Michigan under Act 287 of 1972 of the Public Acts of Michigan, as amended, or Act 116 of 1973 of the Public Acts of Michigan, as amended, that provides resident care services under 24-hour supervision or care, but does not include facilities licensed by the State of Michigan for care and treatment of persons released from or assigned to correctional institutions, which includes the following:

(1)

A state licensed residential family facility includes a state licensed residential facility providing resident services to six or fewer persons.

(2)

A state licensed residential group facility includes a state licensed residential facility providing resident services to more than six persons.

a.

Adult foster care facility - A facility defined by the Adult Foster Care Facility licensing act (PA 218 of 1979), as amended, having as its principal function the receiving of adults for foster care. Such facility includes facilities and foster care family 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.

b.

Adult foster care large group home - An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

c.

Adult foster care small group home - An adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

d.

Adult foster care family home - A private residence in which the licensee is a member of the household and an occupant, providing foster care for five or more days a week and for two or more consecutive weeks with the approved capacity to receive six or fewer adults.

e.

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

f.

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

Structural changes or alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof.

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

Structure, accessory. A subordinate structure located on the same property, but is detached from, and is secondary and incidental to, the principal building.

Swimming pool. Any structure or container, either above or below grade, located either in part or wholly outside a permanently enclosed and roofed building, designed to hold water to a depth of greater than 12 inches when filled to capacity, intended for immersion of the human body, whether for swimming or wading or both.

Temporary building or use. A structure or use permitted by the building inspector to exist during periods of construction of the main use or for special events, not to exceed six months. Two extension periods of six months each are allowed.

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

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

Vaping store. Otherwise known as a "vape shop" is a retail store specializing in the selling of electronic cigarettes and associated products.

Variance. A varying or relaxation of the standards of the zoning ordinance by the board of zoning appeals; and where such variances will not be contrary to the public interest; and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in practical difficulty.

Wall. Any freestanding, upright structure, other than plant material, constructed of barriers to enclose, divide, delineate, screen, retain water or earth, or protect an area.

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

(1)

A "required yard" is that portion of any lot on which the erection of a main building is prohibited.

(2)

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

(3)

A "rear yard" is a yard on the same lot with a building between the rear line of the building and the rear lot line and extending from one side lot line to the other side lot line.

(4)

A "side yard" is a yard on the same lot with a building between the side lot line and the nearest side line of the building and extending from the rear yard to the front yard.

Zoning board of appeals. The Village of Schoolcraft Zoning Board of Appeals, the members of which have been duly appointed by the village council and which is authorized as a body to interpret, hear appeals, and grant variances in accordance with the provisions of this chapter.

(Ord. No. 192, § 1, 3-20-2006; Ord. No. 215, § 1, 10-20-2008; Ord. No. 216, §§ 1, 2, 12-15-2008; Ord. No. 220, § 1, 6-7-2010; Ord. No. 226, art. I, 3-18-2013; Ord. No. 241, § 1, 10-18-2021)