Except as specifically indicated otherwise, the following rules of construction apply to the text of this ordinance.

   1.   The particular shall control the general.

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

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

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

   5.   A "building" or a "structure" includes any part thereof, and the word building includes the word structure.

   6.   The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."

   7.   The word "person" includes a firm, association, organization, partnership, trust, company or corporation, public or private, as well as an individual.

   8.   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditioning, provisions or events connected by the conjunction "and," "or," "either . . . or," the conjunction shall be interpreted as follows:

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

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

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

   9.   Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. No. 278-N, § 23, 8-1-95)

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

   ACCESSORY BUILDING. A structure subordinate and clearly incidental to the principal building on the same parcel and used for a purpose customarily incidental to the purposes of the principal building. The term “accessory structure" shall have the same meaning for purposes of the zoning ordinance as the term "accessory building."

   ACCESSORY USE. A subordinate use which is customarily incidental to the principal use on the same lot or parcel.

   ACT. Public Act 236 of 1961, as amended.

   ADULT BOOK STORE OR VIDEO STORE. An establishment having, as a substantial or significant portion of its stock in trade, books, magazines and other periodicals, video cassettes, films and other such visual media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section or an establishment with a significant segment or section devoted to the sale or display of such material, unless such area is physically separated from the remainder of such establishment and which is accessible to adults only.

   ADULT ENTERTAINMENT USE. Any adult bookstore or video store, adult mini-motion picture theater, adult motion picture theater, cabaret, massage parlor, adult personal service businesses, adult novelty businesses or any combination of such uses.

   ADULT MINI-MOTION PICTURE THEATER. A building or any part thereof with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.

   ADULT MOTION PICTURE THEATER. A building or any part thereof or a drive-in theater with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.

   ADULT NOVELTY BUSINESSES. A business which has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

   ADULT PERSONAL SERVICE BUSINESSES. A business having as a principal activity the provision of personal services to another person on an individual basis in a closed room while nude or partially nude. It includes but is not limited to the following activities and services: massage parlors, erotic rubs, modeling studios, body painting studios, wrestling studios and individual theatrical performances.

   AGRICULTURE. The art or science of cultivating the ground; the production of crops or livestock on a farm; but excluding agricultural business or industry such as commercial greenhouses, the sale of nursery stock, riding or boarding stables, fur farms, piggeries, farms used for disposal of garbage, sewage, rubbish or offal and slaughtering of animals, except animals raised on the premises for use and consumption by persons residing on the premises.

   ALLEY. A public or legally established private thoroughfare, other than a street, affording a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.

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

         1.   An establishment, business, or location open for public use and participation and which has as its principal use, or which is devoted primarily to, the operation of amusement devices.

         2.   An establishment, business, or location with more than 15 amusement devices within a space of less than 45,000 square feet.

         3.   An establishment, business, or location with more than 25 amusement devices.

   ANCILLARY AREAS (ELDERLY HOUSING). Activities and facilities which are not necessarily residential in character but are essential to the residential function. These areas may include but are not limited to: public lobbies, corridors, elevators and stairs, laundry facilities, tenant storage, mechanical/electrical spaces, management office and mail and receiving area.

   ANIMAL. Any live creature, excepting fish, turtles and birds similar to species of the parrot family.

   ANTENNA. A device designed and intended for transmitting or receiving television, radio or microwave signals. An ANTENNA includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items. Antennas are also "accessory structures" within the meaning of the zoning ordinance.

   APARTMENT. A building containing three or more dwelling units whose entrances are from a common hallway or area or series of hallways or areas.

   AUTHORIZED CITY OFFICIAL. A police officer or other person employed by the city who is legally authorized to issue municipal civil infraction citations or municipal civil infraction notices.

   AUTOMOBILE REPAIR GARAGE. A building or premises where the following services may be carried out in a completely enclosed building: major repairs, including, but not limited to, engine rebuilding and the rebuilding of motor vehicles; application of paint preservation materials; radiator repair and replacement; transmission repair and replacement; automobile and van customizing; collision service, such as body, frame or fender straightening and repair; and the painting and rustproofing of automobiles. AUTOMOBILE REPAIR GARAGES may also include facilities and/or equipment allowing for the repair of other motor vehicles, including trucks, recreational vehicles, vans and buses, among others.

   AUTOMOBILE SERVICE CENTER. A building or premises used primarily for the sale and installation of major automobile accessories, including but not limited to tires, batteries, radios, electronic devices, air conditioners, windows and mufflers, plus such services as brake repair and adjustment, shock absorber installation and repair, wheel alignment and balancing, oil changes and lubrication, tune-ups, exterior reconditioning (excluding paint or painting and major mechanical work) and vehicle inspection pollution compliance facilities but excluding any major mechanical repairs, collision work, undercoating or painting. Sale of gasoline and other fuels for the propulsion of motor vehicles (stored only in underground tanks) and the retail sale of oil and other automotive products shall not be the primary use of the premises. The primary use of the premises shall be devoted to one or more of the listed service activities.

   AWNING. A metal, wooden, fiberglass, canvas or other fire-retardant fabric cover which extends over a porch, patio, deck, balcony, window, door or open space.

   BAKERY. A facility where baked goods are manufactured and/or displayed primarily for retail sales on premises. This establishment may include an area for consumption within the building, provided that it is not the primary use of the premises.

   BARN. A detached accessory building to be used for the storage and keeping of farm and agricultural equipment and garden supplies and equipment, used in conjunction with an agricultural use located on the premises.

   BASEMENT. That portion of a building which is partially or wholly below-grade, but so located that the average vertical distance from the grade to the floor is greater than the average vertical distance from the grade to the ceiling; provided, however, that if the average vertical distance from the grade to the ceiling is five feet or more, such basement shall be considered as a story (see illustration).

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

   BERM. A mound of soil or earth that has been graded, shaped and improved with sod or landscaping in such a fashion as to be utilized for screening purposes.

   BOARDING HOUSE. A building, other than a motel/hotel where, for compensation and/or prearrangement for periods exceeding seven days, lodging or lodging and meals are provided for three or more persons, together within one dwelling unit.

   ZONING BOARD OF APPEALS. The Zoning Board of Appeals of the City of Sterling Heights.

      (1)   Performs tattooing.

      (2)   Performs branding.

      (3)   Performs body-piercing.

   BUILDING. Any structure, temporary or permanent, having one or more floors and a roof intended for the shelter or enclosure of persons, animals or property.

   BUILDING FRONT. The facade of a building having frontage on a street.

   BUILDING, HEIGHT. The vertical distance measured from the established grade to the highest point on the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip or gambrel roofs; or to a point equivalent to the foregoing on any other roof. Where a building is located on sloping terrain, the height may be measured from the average level of the grade at the building wall (see illustration).

   BUILDING LINE. A line parallel to the front lot line at the minimum required front setback line (see illustration).

   BUILDING, MAIN OR PRINCIPAL. A building, or where the context so indicates, a group of buildings in which is constructed the main or principal use of the lot on which said building is located.

   CABARET. An establishment which features topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male and female impersonators or similar entertainers.

   CANOPY. A roof-like structure providing shelter to a public access area which is either freestanding or projected from a building and is supported by structural members. A CANOPY may be constructed of metal, wood or any approved fire-retardent material such as cloth, canvas, fabric, plastic, or any light flexible material which is attached to or constructed on a canopy.

   CEMETERY. Land used or intended to be used for the interment of human or animal remains, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

   CITY. The City of Sterling Heights.

   CITY COUNCIL. The City Council of the City of Sterling Heights.

   CITY MANAGER. The City Manager of the City of Sterling Heights.

   CITY PLANNER. The City Planner of the City of Sterling Heights.

   CITY PLANNING COMMISSION. The City Planning Commission of the City of Sterling Heights.

   CIVIL INFRACTION. An act or omission that is prohibited by law and is not a crime under that law or that is prohibited by an ordinance and is not a crime under that ordinance and for which civil sanctions may be ordered.

   CLINIC, MEDICAL. A place for the care, diagnosis and treatment of sick or injured persons and those in need of medical or minor surgical attention, which customarily provides a wider range of treatment or testing procedures than is normally available in a physician’s office. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients but may not include facilities for in-patient care or major surgery.

   CLINIC, VETERINARY. A place for the care, diagnosis and treatment of sick and injured animals. A clinic may incorporate customary laboratories, pharmacies and other facilities and services incidentally necessary to the operation of the clinic.

   CLUB. A building or portion of a building, together with the grounds and related facilities, primarily used by an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities but in no way operated for profit.

   CLUSTER. A residential development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive features.

   CODE ENFORCEMENT OFFICER. The Code Enforcement Officer of the City of Sterling Heights who administers and enforces the zoning ordinance.

   COMMON AREAS (ELDERLY HOUSING). Activities and facilities not essential to the residential function but are provided for the convenience of residents to promote and support recreational and social functions. These areas include but are not limited to: multi-purpose rooms, party kitchens, barber and beauty shops, handicraft areas and meeting rooms.

   CONDOMINIUM ACT. Public Act 59 of 1978, as amended.

   CONDOMINIUM MASTER DEED. The document recording the condominium project as approved by the city to which is attached by exhibits and incorporated by reference the approved by-laws for the project and the approved subdivision plan for the site.

   CONDOMINIUM SUBDIVISION PLAN. The site plan illustrating the existing site features and all proposed improvements pursuant to the requirements for site plan review.

   CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

   CONFORMING COMMERCIAL EARTH STATION. An antenna that is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under state or local land use regulations. Such an area does not extend to those portions of a site where most land uses are forbidden or severely restricted, such as, for example, street areas, utility easements, visibility triangles and required yards.

   CONGREGATE CARE HOUSING. A group of dwelling units providing shelter and services for the elderly which may include meals, housekeeping and personal care assistance.

   CUL-DE-SAC. A street terminated at one end with a turning radius.

   DAY CARE FACILITY (CHILD AND ADULT). A structure and accessory facility wherein child or adult care is provided for children or adults unrelated by blood, marriage or adoption to the owner or operator of the facility which receives a payment, fee or grant for any person receiving care, wherever operated, and whether or not operated for profit. Care facilities provide care, protection and supervision for less than 24 hours a day on a regular basis.

   DECK. A structure comprising a decorative wooden platform or tiers of decorative wooden platforms located adjacent to any structure and used for leisure and recreational activities. A DECK may include appurtenant accessories such as railings, whirlpools, spas, hot tubs, gazebos and similar related facilities.

   DISTRICT, ZONING. A portion of the city within which certain uses of land and buildings are permitted and within which certain regulations and requirements apply under the provisions of this ordinance.

   DRIVE-IN or DRIVE-THROUGH. A business establishment so developed that its retail or service character is characterized by providing a maneuvering lane or parking spaces so as to serve patrons while in the motor vehicle (e.g. restaurants, cleaners, banks, theaters).

   DWELLING. A building or a portion thereof which is occupied as the home, residence or sleeping place of one or more human beings. In no case shall a travel trailer, recreational vehicle, automobile chassis or tent be considered a dwelling. In the case where a building is occupied in part as a dwelling unit, the part so occupied shall comply with the provisions relative to dwellings.

   DWELLING, MULTIPLE FAMILY. A building designed, arranged or occupied as a dwelling and containing three or more dwelling units, and including townhouses, apartments and multiplexes, but excluding cluster developments.

   DWELLING, ONE FAMILY. A building designed, arranged or occupied as a dwelling unit for one family only, including cluster housing.

   DWELLING, TWO FAMILY. A building designed, arranged or occupied as a dwelling and containing two separate dwelling units.

   DWELLING UNIT. A room or rooms within a dwelling connected together, constituting separate independent living quarters for one household, physically separated from any other rooms or dwelling units and containing permanent provisions for its own independent bathroom, sleeping and kitchen facilities.

   EFFICIENCY UNIT. A dwelling unit with eight bathroom and principal kitchen facilities designed as a self-contained unit for occupancy for living, cooking and sleeping purposes and having no separate designated bedroom.

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

   ESSENTIAL SERVICES. Any of the following services which provide a basic and indispensable service to residents and businesses, if such service is designed and constructed to directly serve local users within the geographic boundaries of the city. Such ESSENTIAL SERVICES may include the erection, construction, alteration or maintenance by public utilities or municipal departments of gas, electrical, steam or water transmission or distribution systems, collection, communication (including cellular telephone equipment and related facilities located on municipally-owned property, which are utilized as part of the city emergency communication network, but excluding cellular telephone equipment and related facilities which are not located upon municipally-owned property or which are not incorporated into the city emergency communication network, computer networking, private mail services and facsimile transmission centers), supply and disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, neighborhood municipal drop-off centers, traffic signals, hydrants and similar equipment, provided they are designed and constructed to directly serve local users. Any of the services which serve users beyond the limits of Sterling Heights shall not constitute an ESSENTIAL SERVICE. ESSENTIAL SERVICES shall be exempt from this ordinance. See "public utility."

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

   FAMILY. Any individual, two or more persons related by blood or marriage or group of not more than five persons who need not be related by blood or marriage occupying a dwelling, living together and maintaining a common household. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. FAMILY does not include any organization or group of individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

   FENCE. A partly obscuring structure serving as a physical barrier, marker or enclosure but excluding a masonry wall.

   FILLING. The depositing or dumping of any matter onto or into the ground, except common household gardening or lawn care.

   FLOODPLAIN AREA. That area defined as a special flood hazard area in “The Flood Plain Insurance Study of the City of Sterling Heights,” dated May 15,1986.

   FLOOR AREA. Area measured to the exterior face of exterior walls and to the centerline of interior partitions, plus, similarly measured, that area of all other stories having more than 84 inches of headroom which may be made usable for human habitation, but excluding the floor area of basements, attics, garages, breezeways, porches and accessory buildings.

   FOSTER CARE FACILITY. A building or structure and accessory facility within which 24 hour care, family-type living arrangements, including room and board and/or personal services, are provided to persons who are unrelated to the facility owner or operator. Such facilities may include child or adult care and may be a part of an existing residence or a separate facility.

   FULL ASSISTED HOUSING FOR THE ELDERLY. A structure and accessory facilities designed exclusively to provide for the care of the aged and infirm or those suffering from bodily disorders where two or more persons are housed or lodged and are furnished meals, nursing and/or medical care assistance.

   GARAGE. An accessory building or portion of a main building designated or used solely for the storage of motor-driven vehicles, boats and similar vehicles and equipment and not more than two commercial vehicles, owned and used by the occupants of the building to which it is accessory.

   GASOLINE SELF-SERVICE STATION. A building or premises designed primarily for the pumping by customers of gasoline and other fuels used for the propulsion of motor vehicles (stored only in underground tanks) and to provide self serve retail sale of oil and other products used by motor vehicles, but excluding the sale of tires, batteries, shocks and the like and the repair and maintenance of vehicles. The retail sale of nonalcoholic beverages, cigarettes and other convenience store food items shall be permitted within the gasoline self-service station building, including a drive-through window, provided such sales do not constitute the principal use of the premises.

   GASOLINE SERVICE STATION. A building or premises to be used for the retail sale of gasoline, oil or other fuel for the propulsion or lubrication of motor vehicles (including some, but not only, self-service gasoline sale) and which may include facilities for minor services such as tune-ups, brake adjustments and repair, shock absorber repair and replacement, wheel alignments, the changing and repairing of tires, washing, polishing, oil changes, lubrication and other minor servicing, but excluding painting, engine rebuilding and other major repairs not incidental to the principal. The provision of the above-listed and similar service activities on the premises shall not be permitted unless the premises are used primarily for the retail sale of gasoline and oil and other automotive products. The retail sale of nonalcoholic beverages, cigarettes and other convenience store food items shall be permitted within the automobile service station provided such sales do not constitute the principal use of the premises. A drive-through window shall not be permitted.

   GRADE. The 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 averaging the elevation of the grade for each face of the building.

   GREENBELT. A strip of land of specified width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip.

   GROCERY STORE (FOOD STORE). An establishment that deals primarily in the retail sale of staple food stuffs, meats, produce, dairy products, baked goods, health and beauty aids and household supplies.

   HAZARDOUS MATERIAL. Any item which constitutes a HAZARDOUS MATERIAL as defined in the Fire Prevention Code adopted by the city, including but not limited to explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, oxidizers, organic peroxides, pyrophoric materials, unstable (reactive) materials, water-reactive materials, cryogenic liquids, highly toxic or toxic materials, radioactive materials, corrosives, irritants, sensitizers and medical wastes and any other hazardous material determined by the Fire Department to present a "health hazard" or "physical hazard" as such terms are defined under the Fire Prevention Code.

   HOSPITAL. An institution providing health services, primarily for in-patients, plus medical and surgical care for the sick or injured, including such related facilities as laboratories, out-patient departments, central service facilities and staff offices.

   IMPOUND LOT. A parcel of land used to store and dispose of articles impounded, seized or recovered by the Police Department, the Treasurer or any other authorized representative of the city, county, state or federal governments.

   INDEPENDENT HOUSING FOR THE ELDERLY. A group of dwelling units principally designed for elderly residents who are generally capable of living and caring for themselves independently without supervision, personal care assistance and extensive medical attention.

   JUNK YARD. Includes automobile wrecking yards and/or other areas used for the purchase, sale, exchange, disassembly, storage, processing, baling or packaging of junk, including but not limited to scrap metals, unusable machinery or motor vehicles, tires, bottles and paper and not including uses established entirely within enclosed buildings.

   KENNEL. Any lot or premises on which four or more dogs or cats, six months or older, are kept either permanently or temporarily.

   LABORATORY. A building devoted to experimental or routine study, such as testing and analytical operations, and in which manufacturing of products is not permitted.

   LIMITED ASSISTED HOUSING FOR THE ELDERLY. A group of dwelling units providing shelter and services principally for the elderly which may include one or more of the following: social programs, meals, housekeeping and personal care/medical assistance.

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

   LOT. Land occupied, or intended to be occupied, by a main building and accessory buildings, together with such yards and open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records.

   LOT AREA. The total horizontal area between the lot lines of a lot.

   LOT, CORNER. Any lot containing two or more front yards, including a cul-de-sac lot. A through lot shall not be considered a corner lot unless it abuts two or more streets in addition to the street abutting the rear lot line. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve of the straight street line extended, form an interior angle of less than 135 degrees (see illustration).

   LOT COVERAGE. That part or percentage of lot occupied by principal and accessory buildings.

   LOT DEPTH. The mean horizontal distance measured from the lot line to the rear lot line.

   LOT, INTERIOR. Any lot other than a corner or through lot.

   LOT, THROUGH. A lot which may include a corner lot, having frontage on two parallel or approximately parallel streets.

   LOT LINE, FRONT. The lot line separating a lot from the street right-of-way line. In the case of a through lot, all portions of the lot having frontage on a street right-of-way shall be considered a front lot line.

   LOT LINE, REAR. That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line, parallel to the front lot line and not less than ten feet long, lying farthest from the front lot line and wholly within the lot.

   LOT LINE, SIDE. Any lot line other than a front or rear lot line.

   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds or any parcel which has been separated therefrom in accordance with the provisions of the plat act and which exists as described.

   LOT WIDTH. The least straight line distance between the side lot lines measured but not encroaching into the front yard setback.

   MANEUVERING LANE. A paved lane or drive located in an off-street parking area facilitating the flow of vehicles to and from parking spaces.

   MASSAGE. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice.

   MASSAGE ESTABLISHMENT. Any building, room, place or establishment where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse or practical nurse operating under a physician’s directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and operate only under such physician’s direction, whether with or without the use of mechanical, therapeutic or bathing devices. A MASSAGE ESTABLISHMENT, as defined herein, shall include, but is not limited to, massage parlors, health clubs, health spas, sauna baths, turkish bathhouses and steam baths. This term shall not include a regularly licensed hospital, medical clinic or nursing home or other licensed facilities where massages are provided as an incidental or accessory use to the main use of the premises for a related activity.

   MASTER LAND USE PLAN. A comprehensive plan document including graphic and written material intended to establish policies and directions for the future growth and development of the city, including the location of future residential commercial and industrial areas, parks, streets and similar forms of development.

   MASTER ROAD PLAN. The adopted Master Road Plan of the City of Sterling Heights, as amended from time to time.

   MEZZANINE. An intermediate or fractional story between the floor and ceiling of a main story occupying not more than one-third of the floor area of such main story.

   MOBILE HOME. A structure in one or more sections which is built on a chassis and designed to be used as dwelling with or without a permanent foundation when connected to the required facilities and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle. A MOBILE HOME shall not lose its character as such when placed on a permanent foundation.

   MOBILE HOME PARK. A lot or parcel or tract of land used or intended to be used as a site for mobile homes, 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 therefor, together with any building, structure, enclosure, street equipment or facility used or intended to be used incidental to the harboring or occupancy of mobile homes, for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park and licensed pursuant to the provisions of Public Act 419 of 1976.

   MODULAR HOME. A structure transportable in one or more sections, not built on a chassis, constructed according to the city’s Building Code and designed to be used as a dwelling unit with a permanent foundation when connected to the required facilities.

   MOTEL. A series of attached, semidetached or detached rental units containing bedroom, bathroom and closet space, which provides overnight lodging and are offered to the public for compensation.

   MULTIPLEX. A building designed exclusively for occupancy by three or more families living independently of each other. Each dwelling unit shall have the following characteristics:

      (1)   Two side walls exposed to the outside;

      (2)   Separate maintained entrances, directly to the outside;

      (3)   Not more than two common walls with adjoining units; and

      (4)   Single story units.

   MUNICIPAL CIVIL INFRACTION. A civil infraction involving a violation of a city ordinance. MUNICIPAL CIVIL INFRACTION does not include a violation described in section 113 of the Act, being M.C.L. §§ 600.113(a) and 600.113(c)(i) through (vi) and (ix), as amended, or any act or omission that constitutes a crime and is punishable as a misdemeanor under this ordinance.

   NEIGHBORHOOD MUNICIPAL DROP-OFF CENTER. A municipal recycling center where recyclables are collected and diverted from landfill disposal.

   NONCONFORMING BUILDING. A building, or portion thereof, lawfully existing at the effective date of this ordinance, or amendments thereto, and that does not conform to the provisions of the ordinance in the district in which it is located.

   NONCONFORMING LOT. A lot with dimensions which conflict with the provisions of this ordinance.

   NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

   NURSERY, PLANT MATERIAL. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

   NURSERY SCHOOL. A public or private school, kindergarten or child care facility wherein day care and education is provided for seven or more minors.

   OCCUPIED. Used in any way at the time in question.

   OFF-STREET PARKING LOT. A facility other than for single or two family dwellings providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than three vehicles.

   OPEN SPACE. Land required by this ordinance to remain as open space to be used for recreation, resource protection, amenity or other specified purpose.

   PARKING SPACE. A marked area of definite length and width inclusive of vehicle circulation areas giving access thereto and which is fully accessible for the storage and parking of permitted vehicles.

   PARKING STRUCTURE. A building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

   PAWNBROKER. A person, corporation, or member, or members of a copartnership or firm, who 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.

   PET. An animal kept for pleasure rather than utility.

   PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: electricity, gas, sanitary sewers, cellular telephone service, steam, communications, telegraph, transportation or water services, subject to the provisions of this ordinance.

   PUBLIC UTILITY FACILITY. A building or structure devoted to providing the public with water, gas, electricity, waste and sewage disposal or similar uses but which does not include a storage yard.

   RECREATIONAL FACILITIES (PRIVATE CONTRACTUAL). Facilities including but not limited to batting cages, golf domes, concession stands, swimming pools and the like, excluding portable toilet facilities which are installed at city and public (non-city) owned and/or operated parks through contractual arrangement.

   REPEAT OFFENSE. A second (or subsequent) municipal civil infraction violation of the same requirement or provision of this ordinance committed by a person within any six month period for which the person admits responsibility or is determined to be responsible.

   RESIDENTIAL ENTRANCEWAY STRUCTURE. A masonry structure, wall, gatehouse, gate, column or similar architectural feature located near the entranceway to a residential development which marks or identifies the development.

   RESTAURANT. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one of the following characteristics:

      (1)   Customers are normally provided with an individual menu and are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;

      (2)   A cafeteria-type operation where food and beverages are consumed within the restaurant building.

   RESTAURANT, CARRY-OUT. A business establishment primarily selling prepared foods and/or beverages intended to be taken off the premises for consumption.

      (1)   Within the restaurant building; or

      (2)   Off-the-premises as carry-out orders and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic or other disposal containers; or

      (3)   The establishment includes a drive-through service facility.

   ROADSIDE STAND. A temporary or existing structure containing not more than 200 square feet of floor area and operated for the purpose of selling agricultural, dairy or poultry products raised or produced only by the proprietor of the stand or by his or her family at that location.

   SATELLITE DISH ANTENNA. A structure or apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit.

   SATELLITE EARTH STATION. An antenna, usually parabolic in shape, designed and intended for transmitting or receiving television, radio or microwave signals to or from earth satellites.

   SEASONAL ENCLOSURE. A room addition with no more than 25% of any elevation being constructed of materials other than glass, screen or approved transparent materials.

   SELF-STORAGE FACILITY. A group of buildings divided into separate units or areas used to meet the storage needs of businesses and residents of the community on a self-service basis. This use is not designed to serve as a warehouse for inventory or equipment for commercial and industrial uses, as such a warehousing use by nature requires greater frequency of deliveries to and from the storage location than accompanies the self-storage facility use.

   SHED. An accessory building designated or used solely for the storage of lawn and gardening tools and equipment, snowblowers, patio furniture and other similar household and lawn equipment but excluding the storage of automobiles, trucks, boats, recreational vehicles or equipment on trailers, trailers and similar vehicles and equipment, owned and used by the occupants of the building to which it is accessory.

   SIGN. See section 28.13.

   SPECIFIED ANATOMICAL AREAS.

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

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

      (1)   Human genitals in a state of sexual stimulation or arousal;

      (2)   Acts of human masturbation, sexual intercourse or sodomy; and

      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   STABLE, PRIVATE. An accessory building for the keeping of horses for non-commercial use of the residents of the principal building on the lot, excluding the keeping of horses for others or for commercial riding or boarding.

   STABLE, RIDING OR BOARDING. An accessory structure or building wherein horses, ponies or other equine are kept or sheltered for riding, showing, breeding or boarding purposes for a fee or for hire, remuneration or sale.

   STORAGE YARD. An open area, not enclosed by a building, primarily used to store goods, raw materials, equipment or vehicles when not in use but excluding waste or scrap materials.

   STORY. That portion of a building between a floor and a ceiling.

   STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which does not exceed 50% of the floor area immediately below. Tri-level shall be considered one and one-half stories, quad-level shall be considered two stories.

   STREET, PRIVATE. A street which serves more than one property and adjacent landowners are responsible for its maintenance.

   STREET, PUBLIC. A public thoroughfare which affords the principal means of access to abutting property and which has been accepted either expressly or impliedly by the city, Macomb County Road Commission or other public road agency as a public street.

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

   STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure, such as bearing walls; or partitions, columns, beams or girders, stairways or any change in the width or number of exits; or any substantial change in the roof and exterior wall.

   SUPERMARKET. An establishment that deals primarily in the retail sale of food, sundries, household and general merchandise in a large variety and quantity and typically includes personal services such as photo processing, shoe repair, dry cleaning, video rentals and the like.

   TATTOO. Any of the following indelible marks:

      (1)   An indelible mark made upon the body of another individual by the insertion of a pigment under the skin.

      (2)   An indelible design made upon the body of another individual by production of scars other than by branding.

   TATTOOING. The making of a tattoo upon the body of another individual.

   TEMPORARY. For a duration of less than one year.

   TEMPORARY USE OR BUILDING. A use or building permitted after approval by either the Planning Commission or Office of Planning and Zoning for periods of time that are limited in duration to the period of a seasonal sale or special event or a non-permanent structure used in conjunction with a temporary use.

   TOWNHOUSE. A building occupied by three or more families in which each unit has its own front and rear access to the outside, no unit is located above another unit and each unit is separated from another unit by one or more common fire resistant walls.

   TRUCK STORAGE. An area used for the temporary storage of private trucks or trucks for hire.

   TRUCK TERMINAL. A structure owned, leased or operated by a common carrier to which goods, except raw or unprocessed agricultural products, natural minerals or other resources, are delivered for immediate distribution to other locations or to be amalgamated for delivery in larger units to other points in the metropolitan area or for distribution or amalgamation involving transfer to other modes of transportation.

   USE, PRINCIPAL. The primary and chief purpose for which a lot, parcel or building is used.

   USE, VARIANCE. A variance granted for a use or structure that is not permitted in a particular zoning district.

   VARIANCE. A modification of the literal provisions of this ordinance granted by the Zoning Board of Appeals in situations or under circumstances where permitted by law.

   WALL. An obscuring structure of definite height and location, constructed of masonry, concrete or similar material and intended for security, screening or enclosure.

   YARD. An open space of prescribed width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied from the ground upward, except, as otherwise provided herein.

   YARD, FRONT. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point on the main building (see illustration).

   YARD, REAR. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point on the main building (see illustration).

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

(Ord. No. 278-A, §§ 44-46, 4-1 7-90; Ord . No. 278-G, § 21, 9-18-90; Ord. No. 278-L, § 6, 6-2-92; Ord. No. 278-N, §§ 24, 25, 8-1-95; Ord. No. 278-O, § 11, 9-5-95; Ord. No. 278-R, §§ 20, 21, 8-20-96; Ord. No. 278-T, § 18, 6-3-97; Ord. No. 278-U, §§ 20-23, 1-6-98; Ord. No. 278-W, § 1, 11-30-98; Ord. No. 278-Y, §§ 45, 46, 5-16-00; Ord. No. 278-AA, § 13, 3-20-01; Ord. No. 278-CC, § 21, 6-3-03; Ord. No. 278- KK §§ 2, 3, 4-15-08; Ord. No. 278-LL, § 3, 7-1-08; Ord. No. 278-MM, § 5, 10-21-08; Ord. No. 278-NN, §§ 30, 31, 34, 35, 1-6-09; Ord. No. 278-OO, § 19, 8-5-09; Ord. No. 278-PP, § 4, 12-1-09; Ord. No. 278- XX, § 2, 7-19-16; Ord. No. 278-YY, § 14, 10-4-16; Ord. No. 278-AAA, § 2, 5-3-17; Ord. No. 278-BBB, § 8, 7-18-17; Ord. No. 278-GGG, §§ 1, 2, 5-4-22; Ord. No. 278-HHH, § 1, 9-5-23; Ord. No. 278-III, § 5, 10-16-23; Ord. No. 278-KKK, §§ 2, 3, 5-21-24; Ord. No. 278-OOO, § 3, 9-2-25)