For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the present tense includes the future tense; the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; the words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. No. 1707, § 1, 9-26-19)

For the purpose of this chapter, certain terms are herewith defined:

(1)

ADULT ARCADE: any place to which the public is permitted or invited which coin-operated, slug operated, or for any form of consideration, or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(2)

ADULT BOOTH: a partitioned area of less than one hundred (100) square feet inside an adult regulated use which is:

(a)

Designed or regularly used for the viewing of books, magazines, periodicals, or other printed matter, photographs, films, motion-pictures, video cassettes, slides, or other visual representations, recordings, and novelties or devices including which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas by one (1) or more persons.

(3)

ADULT CABARET: an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, exotic dancers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

(4)

ADULT MODEL STUDIO: any place where a person who displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Such an establishment includes, but is not limited to, the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performance or dance performances, barber shops or hair salons, car washes, and/or convenience stores. An adult model studio shall not include a proprietary school licensed by the state or a college, community college, or university supported entirely or in part by public taxation, a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college, or university supported entirely or partly by taxation, or in a structure:

(a)

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and

(b)

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

(c)

Where no more than one (1) nude or seminude model is on the premises at any one (1) time.

(5)

ADULT MOTEL: a hotel, motel or similar commercial establishment which:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction;

(b)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

(6)

ADULT MOTION-PICTURE THEATER OR ADULT LIVE STAGE PERFORMING THEATER: an enclosed building 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 establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

(7)

ADULT RETAIL STORE (BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE): a commercial establishment having twenty (20) percent 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, videotapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matter 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 (1) or more classes of the public, excluding any minor by reason of age.

(8)

ADULT-USE MARIJUANA: marijuana that is grown for consumption by a person 21 years of age or older.

(9)

ALTERNATIVE FINANCIAL SERVICES: any non-chartered financial institution offering check cashing services, currency exchange, pay-day loans and/or similar services as its primary function.

(10)

AN ALLEY: is a dedicated public way of less than thirty (30) feet (9.15 meters) in width affording a secondary means of access to abutting property and not intended for general traffic circulation.

(11)

ANTHROPOMORPHIC DEVICE: a robotic device sex robot ("sexbots"), sex droids, love droid, or artificial intelligence that resembles a human being.

(12)

ARCADES: any place of business or amusement, or any place of business or amusement located within a building or any portion thereof in which more than three (3) tokens, coins or otherwise operated mechanical and/or electrical amusement devices are installed, whether or not intended as a principal use or accessory use of that building or structure, in accordance with the provisions of chapter 81, recreation, amusement and games, section 7.286 and section 7.287 of the Southfield City Code.

(13)

ATTIC: the space between the ceiling beams of the top habitable floor and the roof.

(14)

A BASEMENT: a portion of a building partially underground but having less than half its clear height below the grade plane (see cellar).

(15)

BED AND BREAKFAST (B&B): a dwelling of residential character containing rooms designed for overnight lodging, or transient guests, for compensation, including provisions for breakfast for guests; provided that such food is not advertised to the general public as a restaurant. Additional names include but are not limited to: "bed-n-breakfast"; "guest house", "boarding house."

(16)

BIORETENTION: a stormwater management practice that utilizes landscaping and soils to treat stormwater runoff by collecting it in shallow depressions before filtering through an amended soil medium.

(17)

BOARD OF APPEALS: shall mean the zoning board of appeals of the City of Southfield.

(18)

BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP: a treatment or counseling relationship between a physician and patient in which all of the following are present:

(a)

The physician has reviewed the patient's relevant medical records and completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.

(b)

The physician has created and maintained records of the patient's condition in accord with medically accepted standards.

(c)

The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition.

(d)

If the patient has given permission, the physician has notified the patient's primary care physician of the patient's debilitating medical condition and certification for the use of medical marihuana to treat that condition.

(19)

BUFFER: a strip of land of definitive width and location reserved to separate existing uses or districts from proposed uses located within an ODD. The buffer may include existing topography, vegetation, and waterways; right(s)-of-way; and landscaped site features (including walls and decorative fencing).

(20)

BUFFER STRIP: a strip of land of definite width and location reserved for planting of shrubs and trees to serve, either solely or in combination with fencing or walls, as an obscuring screen. A buffer strip may incorporate the installation or preservation of plantings capable of filtering and managing stormwater runoff.

(21)

BUILDING: any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

(22)

BUILDING, ACCESSORY: is a building subordinate to the main or principal building on the lot and used for the purposes customarily incidental to those of the main building.

(23)

BUILDING, HEIGHT OF: the height of a building is the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface, if a flat roof; to the deck line for mansard roofs; and to the mean height level between eaves and the ridge for gable, hip and gambrel roofs.

(24)

BUILDING LINE: a line parallel to the front lot line at the minimum required front setback line.

(25)

BUILDING, PRINCIPAL: a building in which is conducted the primary use of the lot on which it is situated.

(Ord. No. 1102, 9-27-82; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1603, § 1, 4-7-13; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1699, § 1, 12-27-18; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1763, § 1, 1-23-23)

(1)

CABARET: any place wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator thereof holds a yearly license to sell such beverages by the glass and which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

(2)

CARPORT, PRIVATE: a permanent roofed structure, not exceeding one (1) story in height, permanently open on at least two (2) sides, designed for or occupied by private passenger motor vehicles.

(3)

CELLAR: that portion of a building partially or wholly, underground, having half or more than half of its clear height below the grade plane. A cellar shall be uninhabitable and shall not be counted as a story.

(4)

CHECK CASHING FACILITY: (see also alternative financial services) a person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check cashing facility" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashing facility" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for a minimum flat fee as a service that is incidental to its main purpose or business.

(5)

CHILD CARE CENTER (OR DAY CARE CENTER): a facility, other than a private residence, receiving one (1) or more preschool-age children for care for periods of less than twenty-four (24) hours a day, where parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that 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, before-or after-school program, or drop-in center.

A child care center or day care center does not include the following:

(a)

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three (3) hours per day for an indefinite period or for not more than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve-month period.

(b)

A facility operated by a religious organization where children are in the religious organization's care for not more than three (3) hours while persons responsible for the children are attending religious services.

(c)

A program that is primarily supervised school-age child-focused training in a specific subject, including, but not limited to: dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

(d)

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to: youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

(6)

CHILD CARE HOME, FAMILY: a private home in which a permanent occupant of the dwelling provides for the care of fewer than seven (7) minor children unrelated to the care provider for periods of less than twenty-four (24) hours a day for more than four (4) weeks in a calendar year unattended by the children's parents or legal guardians and must be licensed and/or registered by the state.

(7)

CHILD CARE HOME, GROUP: a private home in which a permanent occupant of the dwelling provides for the care of more than six (6) but not more than twelve (12) minor children unrelated to the care provider of periods of less than twenty-four (24) hours a day, for more than four (4) weeks in a calendar year unattended by the children's parents of legal guardians, and must be licensed and/or registered by the state.

(8)

CHILD CARE, PRIVATE HOME: a private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency.

(9)

CIGAR BAR: an establishment or area within an establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere.

(10)

CISTERN: containers designed and installed to store quantities of stormwater above or below ground, with a capacity greater than that of a rain barrel, as defined in this chapter, and generally between one hundred twenty (120) and six thousand five hundred (6,500) gallons.

(11)

CITY PLANNER: The official having immediate charge over the planning department per section 6.11 of the Charter of the City of Southfield, also known as the planning director and director of planning.

(12)

COMMERCIAL ESTABLISHMENT: Any business, location, or place which conducts or allows to be conducted on its premises any activity for commercial gain.

(13)

COMMISSION: shall mean the planning commission of the City of Southfield.

(14)

COMMUNITY IMPACT STATEMENT: an informational document, the purpose of which is to provide the City of Southfield with detailed information about the effect which a proposed rezoning or a proposed project is likely to have on the environment and the community; to list ways in which any adverse effects of such a rezoning or proposed project might be minimized.

(15)

COUNCIL: shall mean the city council of the City of Southfield.

(16)

A COURT: is an open, unoccupied space other than a yard and bounded on at least two (2) sides by a building. A court extending to the front lot line or front yard, or the rear lot line or rear yard, is an outer court. Any other court is an inner court.

(17)

CURRENCY EXCHANGE: (See also alternative financial services) A commercial use that exchanges common currencies, sells money orders or cashier's checks, and cashes checks as its principal business activity. This shall not include a properly chartered financial institution.

(18)

DARK STORE: A retail outlet facility related to online shopping only. This facility provides fulfilment from its on-premises stock for online orders, coordinates delivery of orders, and is not accessible to the general public.

(19)

DATA PROCESSING AND COMPUTER CENTER: A facility that is engaged in operating, managing, or maintaining a group of networked computers or networked facilities for the purpose of centralizing, or allowing one (1) or more collocated businesses to centralize, the storage, processing, management, or dissemination of data, or that houses data processing and networking equipment, information technology services, accessory office uses, and accessory exterior generators or equipment.

(20)

DEBILITATING MEDICAL CONDITION: Means one (1) or more of the following:

(a)

Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions.

(b)

A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including, but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including, but not limited to those characteristic of multiple sclerosis.

(c)

Any other medical condition or its treatment approved by the department, as provided for in Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1 (MMMA), as amended.

(21)

DEPARTMENT: The Michigan department of licensing and regulatory affairs.

(22)

DEPARTMENT STORE: a department store is defined as one (1) retail store providing shopping goods, general merchandise, apparel and home furnishings in full depth and variety or one (1) retail store containing a minimum floor area of forty-five thousand (45,000) usable square feet (4,185 square meters).

(23)

DETENTION BASIN: any constructed basin that temporarily stores water before discharging into an approved location.

(24)

DEVELOPMENT AREA: a tract of land of five (5) acres (2.025 hectares) or more which may be subsequently subdivided into parcels of less than five (5) acres (2.025 hectares). The development area may be owned by or controlled by one (1) or more parties who are acting with the single purpose of developing the contiguous parcels in accordance with the provisions of a single zoning district.

(25)

DISPLAY, OUTSIDE: the outdoor standing or placement of immediately usable goods which are available for sale, lease, or rental and which are displayed in such manner as to be readily accessible for inspection and removal by the potential customer.

(26)

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON: The dominant or principal theme of the object so described. For example, "films which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexually activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.

(27)

DISTRICT: a portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

(28)

DWELLING, MULTIPLE-FAMILY: is a building or portion thereof designed exclusively for occupancy by three (3) or more families living independently of each other.

(29)

DWELLING, MULTIPLE-FAMILY HIGH RISE: a multiple-family dwelling of three (3) or more stories in height.

(30)

DWELLING, MULTIPLE-FAMILY LOW RISE: a multiple-family dwelling not more than two (2) stories in height.

(31)

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

(32)

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

(33)

DWELLING UNIT: is a building or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.

(34)

DWELLING UNIT, EFFICIENCY TYPE: a dwelling unit consisting of not more than one (1) room in addition to kitchen and sanitary facilities and containing not less than four hundred twenty-five (425) square feet (39.525 square meters) of usable floor area.

(Ord. No. 1331, 2-10-92; Ord. No. 1588, § 1, 12-25-11; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1613, § 1, 8-18-13; Ord. No. 1619, § 1, 3-9-14; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1774, § 1, 8-14-23)

(1)

EMERGENCY SHELTER FOR THE HOMELESS: a facility which provides congregate style temporary lodging with or without meals and supportive services on the premises to primarily the homeless for more than four weeks in any calendar year. An emergency shelter does not provide such lodging to any individual (1) who is required because of age, mental disability or other reason to reside either in a public or private institution or (2) who is imprisoned or otherwise detained pursuant to either federal or state law.

(2)

EMPLOYEE: a person who performs any service for any consideration on the premises of an adult regulated use on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other compensation by the operator of said adult regulated use. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

(3)

ENCLOSED LOCKED FACILITY: an indoor closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient.

(4)

ESTABLISHMENT: the site of premises on which an adult regulated use is located, including the interior of the establishment or portions thereof, upon which certain activities or operations are being conducted for commercial gain.

(5)

A FAMILY: is any number of persons living together in a room or rooms comprising a single housekeeping unit, doing their cooking on the premises and related by blood or marriage and including the domestic employees thereof. Any group of persons not so related, but inhabiting a single house, shall, for the purpose of this chapter, be considered to constitute one (1) family for each five (5) persons, exclusive of domestic employees, contained in such group.

(6)

A FARM: is a parcel or parcels of contiguous unplatted land of not less than ten (10) acres (4.05 hectares) which is directly farmed or used in the normal pursuits of agriculture by one (1) farmer, and which may include establishments operating as greenhouses, nurseries, orchards, chicken hatcheries, or apiaries. But establishments operating as fish hatcheries, stockyards, recreational parks, stone quarries, gravel pits, breeding or raising furbearing animals or game, or keeping more than the normal number of dogs or livestock usually kept on a farm shall not be considered farms hereunder as to the particular part or portion of the premises used or engaged in the operation of said enterprises; and provided, any other matter which emits an offensive odor and/or is obnoxious, detrimental, or dangerous to the public health or safety, or interferes with the peaceful enjoyment of property, shall be and is hereby declared to be a nuisance per se, on a parcel of land of less than ten (10) acres (4.05 hectares); the growing and selling of produce, animals, and fowl, and the keeping of bees shall be permitted under this chapter, provided same is produced on said parcel of land and does not become a nuisance or obnoxious to the public health, morals, general welfare, or safety of the community.

(7)

FINANCIAL INSTITUTION: a bank, savings and loan, credit union, mortgage office, or automated teller machine, which is chartered under federal or state law. Financial institutions shall not include a currency exchange.

(8)

FLOODPLAIN: the land adjacent to a body of water which has been or may be hereafter covered by floodwaters which has the same boundaries as the one hundred (100) year base flood level as delineated on the flood insurance rate map of the City of Southfield, Community Panel No. 260179-0010 B, prepared by the United States Department of Housing and Urban Development and the profiles prepared by the Federal Insurance Administration in conjunction with said map. Specifically, the floodplain controls apply to the main River Rouge, Pebble Creek, Franklin Branch, Evans Ditch, Farmington Branch, and Carpenter Branch.

(a)

REGULATORY FLOODPLAIN: the channel of a river or other watercourse and the adjacent land areas designated by the profiles in the flood insurance study, for the City of Southfield, Michigan 1978, and prepared by the Federal Insurance Administration which must be reserved in order to discharge the base flood, or that flood which has a one (1) percent chance of being equaled or exceeded in any given year.

(b)

FLOODPLAIN FRINGE: that portion of the floodplain outside of the regulatory floodplain (one hundred-year flood) and designated as zone "B" (one hundred- to five-hundred-year flood) on the flood insurance rate maps and the flood insurance study.

(9)

FLOOR AREA: is the sum of the horizontal areas of each story of the dwelling unit and shall be measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, common halls, and stairways in two (2) family or multiple family structures, and enclosed and unenclosed porches.

(10)

FRONTAGE: that portion of any property abutting a street; a corner lot and a thru lot have frontage on both abutting streets.

(11)

FRONTAGE BLOCK: for the purposes of this chapter, a frontage block shall mean all land fronting on both sides of a street between the nearest streets intersecting said streets.

(Ord. No. 1347, 6-8-92; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1654, § 1, 3-20-16; Ord. No. 1707, § 1, 9-26-19)

GARAGE, PRIVATE: a private garage is a structure enclosed on all sides by walls which extend up from the ground to the full height of the structure for the storage principally of private passenger motor vehicles, or for the private use solely of the owner or occupant of the principal building on a lot, or of his family or domestic employees and shall be not more than one (1) story or fifteen (15) feet (4.575 meters) in height. No service for profit may be conducted within the structure. A carport is not a garage.

(2)

GASOLINE STATION:

(a)

GASOLINE FILLING STATION: a place for only the dispensing, sale or offering for sale of motor fuel, electric vehicle charging, and retail sales as permitted in this chapter.

(b)

GASOLINE SERVICE STATION: a place for the dispensing, sale or offering for sale of motor fuel, electric vehicle charging, retail sales as permitted in accordance with this chapter, and the servicing of, and minor repair of, motor vehicles in accordance with this chapter.

(c)

GASOLINE FILLING/SERVICE STATION: a place for the dispensing, sale or offering for sale of motor fuel directly to users of motor vehicles, ancillary retail sales as permitted in this chapter, and the servicing of, and minor repair of, motor vehicles in accordance with this chapter.

(3)

GHOST RESTAURANT: Also known as a virtual restaurant. A restaurant that provides food services via a delivery-only-kitchen for phone and online orders only. This restaurant is not accessible to the general public.

(4)

A GRADE: is a ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be 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 computing the average elevation of the ground for each face of the building and taking the average of said total averages.

(5)

GREEN INFRASTRUCTURE OR LOW IMPACT DEVELOPMENT (LID): activities, landscaping measures, and stormwater management measures designed to mimic natural hydrologic conditions and to infiltrate, filter, store, evaporate, and detain stormwater runoff close to its source. Green infrastructure shall include, but not be limited to, cisterns, and green roofs, as defined in this chapter.

(6)

GREEN ROOF: an engineered roofing system that includes vegetation planted in a growing medium above an underlying waterproof membrane material, designed to reduce the volume of storm water runoff from building roofs.

(7)

GYMS: See HEALTH AND FITNESS CLUBS

(8)

HEALTH AND FITNESS CLUBS: also known as a gym. A facility that may include, but is not limited to: exercise and weight-lifting equipment, gymnasiums, exercise and fitness classes, and pools; for the purposes of physical exercise.

(9)

HOSPITAL: an installation used primarily for the inpatient medical or surgical care and treatment of sick and disabled persons.

(10)

HOTEL: a building, or part of a building, or a group of buildings, containing rooms designed to provide transient lodging for compensation which may include the following services: bellboy service, room service, maid service, telephones, desk service, full-service restaurant, meeting and conference facilities with a joint capacity of at least the same number of people as there are rooms in the hotel.

(11)

HOUSING FOR THE ELDERLY: an installation other than a hospital, hotel or nursing home which provides dwelling units for persons where at least one (1) occupant per unit shall be at least sixty-two (62) years of age at the time of occupancy with the exception that units occupied by the physically handicapped must have at least one (1) occupant fifty (50) years of age or older. Such housing shall include the following:

(a)

Non-skid bathtubs.

(b)

Electrical outlets at levels at least twenty-four (24) inches (60.96 centimeters) above the floor.

(c)

Grab bars around bathtubs and showers.

(d)

Lever type faucets and door handles.

(e)

At least one (1) emergency signal in each unit which is audible and visible at a central location.

(f)

All buildings over one (1) story shall contain an elevator for the tenants.

(12)

IMPERVIOUS SURFACE: a surface that prevents the infiltration of water into the ground such as roofs, streets, sidewalks, driveways, and parking lots.

(13)

INDOOR RECREATION CENTER: an enclosed facility that houses recreational uses, including, but not limited to, arcade, archery, baseball, bowling alley, climbing, gymnasiums for basketball and volleyball, hockey, lacrosse, racquetball, soccer, squash, softball, tennis, and squash, which may or may not be operated for profit.

(14)

INDUSTRIAL PARK: a planned industrial development containing a minimum of four (4) or more buildings under single ownership characterized by architecturally similar building styles on landscaped sites and served only by one (1) internal street, either private or public.

(15)

INFILTRATION PRACTICE: a stormwater control measure or measures designed to allow stormwater to soak into the soil mantle.

(16)

JUNKYARD OR JUNK STORAGE: the outdoor standing or placement of waste or scrap materials including, but not limited to, scrap iron or other metals, cans, automobiles, machinery, paper, rubber, rags, tires, lumber, concrete products, building materials, or bottles.

(17)

KENNEL: a facility that provides overnight boarding for three (3) or more pets for no more than two (2) consecutive weeks.

(Ord. No. 1220, 2-26-87; Ord. No. 1502, 5-30-04; Ord. No. 1523, 11-13-05; Ord. No. 1606, § 1, 6-2-13; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1699, § 2, 12-27-18; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1709, § 1, 10-3-19; Ord. No. 1745, § 1, 11-4-21; Ord. No. 1774, § 1, 8-14-23)

(1)

LANDSCAPING: the treatment of the ground surface with live materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other growing horticultural material. Landscaping shall include vegetated stormwater management measures including bioretention areas, swales, and infiltration practices as defined in this chapter. In addition, the combination or design may include other decorative surfacing such as wood chips, or mulch materials not to exceed twenty (20) percent of the total for any landscape area. Structural features such as fountains, pools, statues, garden walls less than three (3) feet (0.915 meters) in height, and benches shall also be considered a part of landscaping, but such objects alone shall not meet the requirements of landscaping. In addition, artificial plant materials shall not be permitted in required landscape areas.

(2)

LICENSEE: a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in case of employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

(3)

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

(4)

A LOT: is a parcel of land on which a principal building and its accessories may be placed, together with the required open spaces.

(5)

LOT, CORNER: a corner lot is a lot of which at least two (2) adjacent sides abut a street, provided that such two (2) sides intersect at an angle of not more than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection are not more than one hundred thirty-five (135) degrees. In the case of a corner lot with a curved street line, the corner shall be considered to be that point of the street and lot line nearest to the point of intersection of the tangents herein described.

(6)

LOT, INTERIOR: an interior lot is a lot other than a corner lot.

(7)

LOT, THRU: a lot having front and rear lot lines abutting a street.

(8)

LOT OF RECORD: a parcel of land delineated on a plat recorded with the county register of deeds.

(9)

LOT LINE, FRONT: in the case of a lot abutting upon one (1) street, the front lot line is the line separating such lot from such street. In the case of any other lot, one (1) such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans filed for approval with the director of the department of building and safety engineering.

(10)

LOT LINE, REAR: the rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten (10) feet (3.05 meters) long, lying farthest from the front lot line and wholly within the lot.

(11)

LOT LINE, SIDE: a side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.

(12)

A MAJOR THOROUGHFARE: is any street with an existing or proposed right-of-way of one hundred and twenty (120) feet (36.6 meters) or more.

(13)

Marihuana: that term as defined in Section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

(14)

MECHANICAL AND ELECTRICAL AMUSEMENT DEVICE: any machine which, upon the insertion of a coin, slug, token, plate, or disc or any charge thereof, may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical or electrical machines, and all games, operations, or transactions similar thereto under whatever name they may be indicated and in accordance with the provisions of chapter 81, Recreation, amusements and games, section 7.286 and section 7.287 of the City Code.

(15)

MEDICAL MARIHUANA FACILITY: a licensed facility, building or structure used, maintained or occupied to provide the medical use of marihuana for use by qualifying patient(s) and a primary caregiver as provided and authorized by the Michigan Medical Marihuana Act and in exchange for compensation for reimbursement of costs associated with assisting a registered qualifying patient in the medical use of marihuana. A medical marihuana facility is located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. A medical marihuana facility shall meet all the requirements of a special land use in designated zoning district(s).

(16)

MEDICAL USE: the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

(17)

MOBILE HOME: a structure designed or used for residential occupancy built upon, or having, a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached or is supported by blocks or skirted.

(18)

MOTEL: a building or buildings of attached, semidetached or detached rental units, containing a bedroom and a bathroom, designed for overnight lodging and which may not be used as a domicile. The term motel may include rooms with cooking facilities, suites, motor courts, tourist courts, motor lodges, residence inns, or residence hotels which lack the full service requirements of a hotel in subsection 5.6(5).

(Ord. No. 1062, 7-6-81; Ord. No. 1220, 2-26-87; Ord. No. 1434, 9-24-98; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1707, § 1, 9-26-19)

(1)

NONCONFORMING BUILDING: a building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, that does not conform to the provisions of this chapter and/or the use regulations of the district in which it is located.

(2)

NONCONFORMING SITE: a site or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, that does not conform to the provisions of this chapter and/or specific required conditions of the district in which it is located, including, but not limited to, landscaping, parking, bike parking, State of Michigan Barrier-Free and Federal ADA requirements, and pedestrian connectivity.

(3)

NONCONFORMING USE: a use which lawfully occupied a building or land at the time this chapter, or amendment thereto, became effective, that does not conform to the provisions of this chapter nor to the use regulations of the district in which it is located.

(4)

NUDITY OR STATE OF NUDITY: the knowing or intentional live display of a human genital organ or anus with less than a fully opaque covering or a female individual's breast with less than a fully opaque covering of the nipple and areola. Nudity, as used in this chapter, does not include a woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.

(5)

NURSING HOME: an installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury, or infirmity.

(6)

ONE (1) FAMILY ATTACHED: a building or structure for more than one (1) dwelling unit, where each dwelling unit is separated from the abutting dwelling unit by a party wall extending up from the ground the full height of the building. Each dwelling unit shall have direct access from outdoors from at least the front and rear or side of the unit.

(7)

OPERATOR: an owner, manager, or other person who exercises control over the premises or operation of an adult regulated use.

(8)

OVERLAY DEVELOPMENT DISTRICT (ODD): the overlay development district (ODD) means a unified site design for one (1) or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose density or intensity transfers, density or intensity increases, mixing of land uses, or any combination thereof, and that provides flexibility to lot size, bulk, or type of dwelling or building use, density, intensity, lot coverage, parking, required common open space, public art or other standards to zoning use district requirements that are otherwise applicable to the area in which it is located.

(9)

PARKING: the standing or placement of motor vehicles currently used to transport people, goods, or materials in the conduct of normal daily activities provided that such standing or placement is limited to periods of less than forty-eight (48) hours.

(10)

PARKING SPACE: the area required for parking an automobile which shall be a minimum of nine (9) feet wide and eighteen (18) feet long, but not including drives and aisles.

(11)

PAWN SHOP: a business or establishment which loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.

(12)

PAY DAY LOANS: (see also alternative financial services) an establishment providing loans to individuals in exchange for personal checks as collateral.

(13)

PERMEABLE SURFACING: a material or materials and accompanying subsurface layers designed and installed specifically to allow stormwater to drain through the material, thereby reducing the volume of stormwater runoff from a hard surfaced area. Permeable surfacing may include without limitation: paver blocks, "grasscrete" or similar structural support materials, and permeable concrete or asphalt.

(14)

PERSON: an individual, proprietorship, partnership, corporation, association or other legal entity.

(15)

PERSONAL SERVICES: establishments which perform personal services on the premises such as barber shops, dance studios, dry cleaning and laundry establishments, exercise and fitness classes, massage therapy, repair shops (including watches, radios, television, shoe, and etc. but prohibiting major repair shops such as automotive, heavy equipment, large appliances, furniture and etc.), salons, tanning salons, tattoo shops, and tailor shops.

(16)

PET DAYCARE: a facility that provides short-time, non-overnight daytime care for three (3) or more pets.

(17)

PHYSICIAN: an individual licensed as a physician under Part 170 of the Public Health Code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556.

(18)

PLANTER BOX: a structure with vertical walls and an open or closed bottom, which may be attached to a building or structure, that is planted with a soil medium and vegetation intended to collect, absorb, and treat runoff from impervious surfaces.

(19)

PRIMARY CAREGIVER OR CAREGIVER: a person who is at least twenty-one (21) years old and who has agreed to assist with a patient's medical use of marihuana and who has not been convicted of any felony within the past ten (10) years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

(20)

PUBLIC UTILITY: any person, firm, corporation, municipal department, or board or commission duly authorized to furnish and furnishing to the public, under governmental regulations: electricity, gas, steam, telephone, telegraph, transportation, water, communication, or sewage disposal.

(21)

QUALIFYING PATIENT: a person who has been diagnosed by a physician as having a debilitating medical condition.

(22)

RAIN BARREL: a structure designed and installed to collect roof runoff in containers typically ranging from fifty (50) to one hundred (100) gallons in size, with subsequent release to landscaped areas.

Examples of rain barrels

(23)

REGIONAL SHOPPING CENTER: the regional shopping center is designed to provide a large concentration of comparison shopping needs for persons residing in a densely settled urban area. The regional shopping center shall provide shopping goods, general merchandise, apparel, furniture and home furnishings in full depth and variety. The regional shopping center will contain a minimum of three hundred thousand (300,000) gross square feet of commercial building area and will include at least one (1) department store.

(24)

REGISTRY IDENTIFICATION CARD: a document issued by the department that identifies a person as a registered qualifying patient or registered primary caregiver.

(25)

REGULARLY: in the context of "regularly features," "regularly shown" or similar contexts in this chapter, means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

(26)

RESTAURANTS:

(a)

DINING ROOM: a structure which is maintained, operated, and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. Such food and beverage are served primarily in non-disposable (reusable by the restaurant) containers.

(b)

DRIVE-IN RESTAURANT: a drive-in restaurant is any establishment where food, frozen dessert, and/or beverages are served to customers while seated in their motor vehicles upon the premises. It shall also include any establishment where the customers may serve themselves and are permitted to consume food and beverages in a motor vehicle parked on the premises or at other facilities which are provided for the use of the patron for the purpose of consumption and which are located outside of the building or structures.

(c)

FAST FOOD RESTAURANT: a structure which is maintained, operated, and advertised or held out to the public as a place where food, beverage, and/or desserts are served to customers from a serving counter in disposable (not reusable by restaurant) containers or wrappers. Such food, beverage, and/or desserts may be consumed: inside the building; outside, at facilities provided; or "carried out" for consumption off the premises.

(d)

CARRYOUT RESTAURANT: a structure which is maintained, operated, and/or advertised or held out to the public as a place where food, beverage, and/or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

(e)

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

(f)

OUTSIDE DINING: seasonal outside dining is permitted in conjunction with the above uses when the use complies with the following conditions.

1.

Seasonal outside dining, for the purposes of this chapter, will be defined as beginning on the first day of May through the last day of October.

2.

The hours of operation for outside dining will be consistent with the hours of operation of the inside restaurant, with the exception of establishments which hold a liquor license in which case the designated outside dining area shall close at midnight.

3.

That there is adequate parking for the outside dining area in accordance with the parking provisions of article IV, section 5.30 of this chapter.

4.

That the outside dining area is separated from sidewalks and driveways by means of landscaping, planter boxes, and/or fences and railings.

5.

That all tables, chairs and trash receptacles will be removed at the end of the summer season.

6.

Appropriate trash receptacles shall be provided within the designated outside dining area.

7.

Outside entertainment, whether live or recorded, is expressly prohibited unless approval is granted by the Southfield city council.

(g)

RESTAURANT WITH DRIVE-THRU: a structure which is maintained, operated, and advertised or held out to the public as a place where food, beverage, and/or desserts are served to customers through a window designed to accommodate automobile traffic in disposable (not reusable by restaurant) containers or wrappers. Such food, beverage, and/or desserts is generally consumed off the premises.

(27)

RETAIL: Stores or businesses which offer the sale of commodities on the premises to customers on a "cash and carry" basis, such as, but not limited to, groceries, baked goods, or other food, over the counter drugs, dry goods, clothing, and hardware.

(28)

SALON: A personal service establishment which provides beauty treatments and may offer the ancillary sale of retail beauty products. Treatments offered primarily include one (1) or more of the following: 1) cutting, trimming, shampooing, weaving, coloring, waving, or styling hair; 2) facial treatments; 3) application of makeup (including permanent makeup, subject to applicable county and state licensing requirements); and 4) providing nail care services, such as manicures, pedicures, and nail extensions.

(a)

OPEN CONCEPT SALON: A salon which functions under one (1) operator. Stylists, aestheticians, nail technicians, etc. are employees of the salon who share space and chairs/stations, typically as part of a common area/open floor plan. Hours of operation, services offered, and fees are typically set by the salon operator.

(b)

SALON SUITES: A salon which consists of individual rooms (also referred to as suites or booths), controlled by a landlord. Suites are rented out to stylists, aestheticians, nail technicians, etc., who function as independent contractors. Salon suites may or may not include a limited number of common area chairs/stations, such as shampoo bowls or dryers. Hours of operation, services offered, and fees are typically set by the renter.

(29)

SATELLITE DISH ANTENNA: is any earth station antenna of parabolic or spherical design for the reception or transmission of earth radio and/or television signals to/or from satellites or other orbiting facilities.

(30)

SCHOOL: A building or part of a building, which is owned or leased by, or under the control of, a public or private school or school system for the purpose of instruction as required by section 1561 of Act No. 451 of the Public Acts of 1976, as amended of the Michigan Compiled Laws, which is occupied by six (6) or more students, and which is used four (4) or more hours per day or more than twelve (12) hours per week.

(a)

DRUG-FREE SCHOOL ZONE: An area inclusive of any property used for school purposes by any publicly funded primary school, whether or not owned by such school, within one thousand (1,000) feet of any such property, and within or immediately adjacent to school buses.

(31)

SEMINUDE OR STATE OF SEMINUDITY: A state of dress in which opaque covering covers no more than the genitals or anus and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.

(32)

SETBACK: the distance required to obtain the minimum front, side, and rear open space provisions of this chapter.

(33)

SEX DOLL (AKA LOVE DOLL OR BLOW-UP DOLL): A type of sex toy in the size or shape of a sexual partner. The sex doll may consist of an entire body with face, or just a head, pelvis or other body parts for sexual stimulation.

(34)

SEXUAL ENCOUNTER CENTER: A business or commercial establishment (including sex doll brothels) that, as one (1) of its principal business purposes, offers for any form of consideration or gratuity:

(a)

Physical contact in the form of wrestling or tumbling between person of the opposite sex; or

(b)

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity; or

(c)

Sexual intercourse, sodomy, oral copulation, indecent exposure, lewd conduct or masturbation between persons or between a person and any type of anthropomorphic device or sex doll.

(d)

These uses are prohibited in all zoning districts in the city. See article 4, General provisions.

(35)

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult booth, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult live stage performing theater, or adult model studio.

(36)

SHOPPING CENTER BUILDING COMPLEX: a group of retail and other commercial establishments that is planned, owned, and managed as a single property that share a common parking area. The building shall consist of at least two (2) units of various and distinct attached uses.

(37)

SMALL BOX DISCOUNT STORE: A retail store with a floor area ranging from five thousand (5,000) to fifteen thousand (15,000) square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premises consumption, household products, personal grooming and health products and other consumer goods, with the majority of items being offered for sale at lower than the typical market price. Small box discount stores do not include retail stores that: contain a prescription pharmacy; sell gasoline or diesel fuel; primarily sell specialty food items (e.g., meat, seafood, cheese, or oils and vinegars); or dedicate at least fifteen (15) percent of floor area or shelf space to fresh foods and vegetables.

(38)

SMOKE OR SMOKING: the lighting, inhaling, exhaling, burning, or carrying of any lighted cigar, cigarette, tobacco, plant, or other similar article or combustible substance in any form.

(39)

SMOKING LOUNGE: an establishment which, in whole or in part, includes as part of the business, or otherwise, permits the smoking of tobacco or other substances including, but not limited to, establishments commonly known as or referred to [as] cigar bars/lounges, hookah bars/cafes, tobacco bars/cafes, or smoking parlors.

(40)

SOUP KITCHEN: a facility regularly used to furnish meals without cost or at very low cost to needy and destitute persons, however, lodging is prohibited. A soup kitchen shall not be considered to be a restaurant. The preparation of meals in any building or structure, or portion thereof, for distribution at another site or location shall not be considered to be a soup kitchen.

(41)

SPECIAL EXCEPTION: a use permitted when the facts and conditions specified in this chapter, as those upon which the exception is permitted, are found to exist by the appropriate administrative officer or body.

(42)

SPECIFIED ANATOMICAL AREAS: for the purposes of this chapter shall be defined as follows:

(a)

Less than completely and opaquely covered: (1) human genitals, pubic region, (2) buttock, and (3) female breast below a point immediately above the top of the areola.

(b)

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

(43)

SPECIFIED SEXUAL ACTIVITIES: for the purposes of this chapter shall be defined as follows:

(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, buttock, or female breast.

(44)

STORAGE, NEW VEHICLES: the standing or placement of new operable automobiles or trucks not previously used.

(45)

STORAGE, OUTSIDE: the outdoor standing or placement of usable and potentially usable goods or equipment other than for display and not including waste or scrap materials.

(46)

STORMWATER: water from rainfall, snowmelt or other precipitation that runs over or off of a surface rather than being absorbed or infiltrated.

(47)

STORY: that portion of a building, but not including a cellar, as defined in this chapter between one (1) floor level and the ceiling next above it and which portion meets the requirements of the Building Code (chapter 98) for a habitable room.

(48)

A STREET: is any thoroughfare or way, other than a public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace, or any similar designations.

(49)

STRUCTURE: anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

(Ord. No. 1191, 3-17-86; Ord. No. 1430, 9-24-98; Ord. No. 1331, 2-10-92; Ord. No. 1336, 6-8-92; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1603, § 2, 4-7-13; Ord. No. 1619, § 1, 3-9-14; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1654, § 2, 3-20-16; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1699, § 3, 12-27-18; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1734, § 1, 4-22-21; Ord. No. 1745, § 1, 11-4-21; Ord. No. 1774, § 1, 8-14-23)

(1)

TOBACCO SPECIALTY RETAIL STORE: an establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia, and in which the sale of other products is incidental. Tobacco specialty retail store does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.

(2)

TRAILER COACH (MOBILE HOME): is a vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one (1) or more persons.

(3)

TRAILER COURT, TRAILER CAMP: any plot of ground upon which two (2) or more trailer coaches are parked or where public parking space for two (2) or more trailer coaches is provided with facilities for residential occupancy.

(4)

UNATTENDED COLLECTION BINS (OR UCBS): unstaffed drop-off boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.

(5)

URBAN OPEN SPACE: open space shall consist of urban open space:

(a)

URBAN OPEN SPACE: The following are examples of urban open space, which are located in the ODD districts: A public space that functions as a gathering space or part of a downtown, special subarea (e.g., Southfield City Centre, Southfield Downtown Development Authority, or Southfield Technological Corridor, etc.), or other area within the public realm that helps promote social interaction and create a "sense of place". Possible examples may include such space as: plazas, "town" squares, parks, marketplaces, public commons and malls, public greens, special areas with convention centers or grounds, sites within buildings (such as lobbies, concourses, or public spaces within public and private buildings).

(6)

USABLE FLOOR AREA: shall be the sum of the gross horizontal floor areas of all the floors of the building or structure and of all accessory buildings measured from the interior face of the exterior walls and which may be made usable for human habitation but excludes the horizontal floor area of heater rooms, mechanical equipment rooms, attics, unenclosed porches, light shafts, public corridors, public stairwells, and public toilets.

(7)

USABLE MARIHUANA: the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

(8)

USE, ACCESSORY: a use subordinate to the principal use and for purposes clearly incidental to those of the principal use.

(9)

USE, PRINCIPAL: the primary use to which the premises are devoted and the primary purpose for which the premises are used.

(10)

VEGETATED SWALE (ALSO KNOWN AS A RAIN GARDEN): a stormwater conveyance system routing stormwater flows through vegetated areas, a natural elongated depression or a constructed channel. A vegetated infiltration swale differs from a conventional drainage channel or ditch in that it is constructed specifically to promote infiltration.

(11)

VISITING QUALIFYING PATIENT: a patient who is not a resident of this state or who has been a resident of this state for less than thirty (30) days.

(l2)

WRITTEN CERTIFICATION: a document signed by a physician, stating all of the following:

a.

The patient's debilitating medical condition.

b.

The physician has completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation.

c.

In the physician's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

(13)

YARD, FRONT: is an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the front lot line, unoccupied from the ground upward.

(14)

YARD, REAR: a rear yard is an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the rear lot line unoccupied from the ground upward, except as hereinafter specified.

(15)

YARD, SIDE: a side yard is an open space extending from the front yard to the rear yard and of a uniform width measured horizontally at right angles to the side lot line and unoccupied from the ground upward, except as hereinafter specified.

(16)

ZONING VARIANCE: is a modification of the literal provision of this chapter granted when strict enforcement of this chapter would cause practical difficulty or undue hardship owing to the circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are practical difficulty, undue hardship, and unique circumstances applying to the specific property involved. A variance is not justified unless all elements are present in each case.

(Ord. No. 1603, § 3, 4-7-13; Ord. No. 1619, § 1, 3-9-14; Ord. No. 1637, § 1, 4-5-15; Ord. No. 1678, § 1, 7-6-17; Ord. No. 1701, § 1, 2-7-19; Ord. No. 1707, § 1, 9-26-19)