When not inconsistent with the context, words in the present tense include the future tense, words used in the singular number include the plural number and words used in the plural number include the singular. The word "shall" is always mandatory and not merely directive. The word "building" includes the word "structure" or vice versa. Terms not herein defined shall have the meaning customarily assigned to them.

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

Abandonment. The cessation of activity in, or use of a dwelling, structure, or lot, other than that which would normally occur on a seasonal basis, for a period of 12 months or longer. For purposes of mineral extraction operations, "abandonment" at any particular site shall be determined by the planning board giving consideration to any specific site plan.

Abutting. Having property or district line in common e.g., two lots are abutting if they have property lines in common.

Access. A way of approaching or entering a property.

Accessory building. A type of structure that has a roof which is supported by columns or walls, is intended for the shelter or enclosure of persons, animals, goods or property, and is further intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related. Examples of accessory buildings include but are not limited to: garages, storage sheds, gazebos, play houses, greenhouses, pump houses, garden sheds, pergolas and dog houses.

Accessory structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having such location, and that is intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related. Examples of accessory structures include but are not limited to: accessory buildings, swimming pools and decks around pools, play structures, HVAC units, generators, television antennas not installed on principal building, residential kennels, solar panels, trampolines, storage unit and tennis courts.

Accessory use. A use which is clearly incidental to, customarily found in connection with, and located on the same zoning lot, unless otherwise specified, as the principal use to which it is related. When [the term] "accessory" is used in this text, it has the same meaning as [the term] "accessory use." An accessory use includes, but is not limited to, the following:

A.

Accommodations for servants and/or caretakers;

B.

Outdoor swimming pools, hot tubs and saunas for the use of occupants of a residence, or their guests;

C.

Domestic or agricultural storage in a barn, shed, toolroom, or similar accessory building or other structure;

D.

A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays;

E.

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;

F.

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;

G.

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;

H.

Uses clearly incidental to a main use, such as but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex;

I.

Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located;

J.

Accessory signs, subject to the sign regulations for the district in which the zoning lot is located;

K.

Common household gardening in a residential district when located only in the rear yard and/or non-required side yard areas. For purposes of this title, common household gardening shall include the growing of fruits and vegetables for consumption, solely by members of the family residing in the dwelling unit located on the same zoning lot; [and]

L.

Solar panels, wind generators, television reception antenna and air conditioning units.

M.

Any structure or area designed and used specifically for the boarding or exercise of pet or pets (dogs, cats, rabbits, etc.), including but not limited to houses, pens, kennels, and dog/pet runs shall be considered as accessory structures.

Addition. A structure added to the original structure at some time after the completion of the original.

Adjoining lot or land. A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

Adult entertainment facilities.

A.

Adult bookstore. An establishment having more than 50 percent of its stock in trade, magazine and other periodicals with an 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 and which excludes minors by virtue of age.

B.

Adult motion picture theater. An enclosed building, with a capacity of 50 or more persons, used for presenting material with an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), for observation by patrons therein and which excludes minors by virtue of age.

C.

Adult minimotion picture theater. An enclosed building with a capacity for less than 50 persons, used for presenting material with an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), for observation by patrons therein and which excludes minors by virtue of age.

D.

Adult cabaret. An establishment in which alcoholic beverages are not served and which provides dancers or other live entertainers who display or describe "specified sexual activities" or "specified anatomical areas" (as defined herein), for observation by patrons therein and which excludes minors by virtue of age.

Adult foster care home. A private home licensed by the Department of Consumer and Industry Services for care of sick, elderly or handicapped adults. A family home is defined as having one to six adults; a group home seven to 20.

Airport. A place where aircraft land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodation for passengers.

Aisle. The traveled way by which cars enter and depart parking places.

Alley. A public way which affords only secondary access to abutting property, and not intended for general traffic circulation.

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

Amusement arcade. [The term] "amusement arcade" means any place, premises, or establishment, or any room or floor space set aside in a commercial establishment, in or at which four or more mechanical amusement devices as defined in this [zoning] ordinance are located.

Animal hospital. An indoor commercial establishment where animals are treated by a veterinarian and animals may be provided overnight kenneling.

Apartments. A suite of rooms in a multiple-family building arranged and intended for a place of residence of single family or a group of individuals living together as a single housekeeping unit.

Apartment, efficiency. A dwelling unit consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities.

Appeals. The process, as prescribed in the [zoning] ordinance, for contesting a zoning interpretation made by the building department or a decision made by the planning board.

Applicant. A person or entity submitting an application for review and action by the city or any of its departments or commissions.

Approved plan. A plan which has been granted final approval by the appropriate approving authority.

Approving authority. The agency, board, group, or other legally designated individual or authority which has been charged with review and approval of plans and applications.

Architectural authority. Window sills, belt courses, brick and/or wrought iron wing walls, chimneys, architraves, pediments.

Assembly areas. A meeting place at which the public or membership groups are assembled regularly or occasionally, indoors or outdoors as a principal or accessory use, including but not limited to portions of schools, religious institutions, theaters, auditoriums, funeral homes, stadiums, lecture halls, private clubs and lodge rooms, conference rooms, convention centers, dining halls, and similar places of assembly.

Attached. Any structure or part of a structure immediately adjacent to another structure or part of a structure and fastened securely to same.

Attached garage. An outbuilding customarily used for the storage of vehicles, which outbuilding is attached to a residential dwelling as either an integral part thereof, or, at minimum, connected to the dwelling by a completely enclosed breezeway.

Attention-getting device. A device designed or intended to attract; by noise, sudden intermittent or rhythmic movement physical change or lighting change; such as banners, flags, streamers, balloons, propellers, whirligigs, searchlights, and flashing lights.

Automobile carwash. A building or portion thereof, where motor vehicles are washed as a commercial enterprise, or where facilities are available for the self-service cleaning of motor vehicles.

Automobile repair, major. The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collisions service, such as body, frame or fender straightening, and overall painting of automobiles.

Automobile repair, minor. Repairs other than major repair, including engine tune-up, muffler shops, shock absorber replacement shops, undercoating shops.

Automobile sales area. An area used for the display, sales and rental of new and used motor vehicles, boats, trailers, farm equipment, construction equipment or mobile homes all in operable condition.

Automobile service station. A building used for the retail sale of fuel (stored only in underground tanks and to be dispensed from fixed equipment), lubricants, air, water, and other commodities designed for motor vehicles, aircraft and boats. Such an operation includes space and facilities for selling, installing, or adjusting tires, batteries, parts and accessories within a building provided that such repair and installation are of minor repair nature and may include convenience store merchandise primarily sold to patrons purchasing gasoline.

Automobile washing establishment. A building or portion thereof, where motor vehicles are washed as a commercial enterprise, or where facilities are available for the self-service cleaning of motor vehicles.

Banks, credit unions or similar uses. Banks, credit unions, or similar uses are companies engaged in the business of dealing with financial and monetary transactions, such as deposits, loans, investments and currency exchange.

Banquet halls. A banquet hall is a room or building for the purpose of hosting a party, banquet, wedding, reception, or other social event.

Basement. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Bed and breakfast operations. The use of a dwelling unit as a single-family dwelling unit, in which transient guests are provided a sleeping room and board in return for payment, and which does not provide separate cooking facilities for such guests.

Berm, obscuring. An earthen mound of definite height and location to serve as an obscuring device in carrying out the requirements of this [zoning] ordinance.

Block. A property surrounded by streets or abutting one side of a street and situated between the two nearest intersecting streets, or bounded by a combination of streets, waterways, parks, unplatted acreage, corporate boundary lines, or other natural or manmade, physical or artificial barrier to continual development.

Board of appeals. The zoning board of appeals of the city.

Boardinghouse house or roominghouse. A dwelling having one kitchen and used for the purpose of providing meals and lodging for pay or compensation of any kind to more than two persons other than members of the family occupying the dwelling.

Buffer. A strip of land used to visibly separate one land use from another, or to shield or block noise, lights, or other nuisances.

Buildable area. The space remaining on a lot or lots of record after the minimum setback and open space requirements have been met.

Building. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattel or property of any kind.

Building height.

A.

The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs.

B.

Any extension of a mansard, gambrel, hip or gable roof below a wall shall require building height measurements to take place at the average height between the top of the building wall and the ridge line and the established grade of the building.

Building line. A line formed by the face of the building, and for the purposes of this [zoning] ordinance, a minimum building line is the same as a front setback line.

Building department. City staff appointed by the city manager and licensed pursuant to Public Act No. 230 of 1972 (MCL 125.1501 et seq.) to enforce and administer the zoning ordinance.

Building, main or principal. A building in which is conducted the principal use of the lot on which it is situated.

Building permit. A permit signifying compliance with the provisions of this [zoning] ordinance as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the City of Sturgis.

Caliper. The diameter of a tree trunk measured at breast height.

Canopy. A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a door-way or window from the elements.

Catering facility. An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption. Food and meals maybe served on site if the catering facility is in combination with a banquet hall or full service eating and drinking establishment.

Certificate of occupancy. A document issued by the proper authority (building department) allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or will be used, in compliance with all applicable municipal codes and ordinances and approved plans and specifications.

Change of use. Any use which substantially differs from the previous use of a building or land, or which imposes, other special provisions of law governing building construction, equipment, egress or ingress, off-street parking, etc.

Child care organization. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act No. 116 of 1973 (MCL 722.111 et seq.) and the associated rules promulgated by the Michigan Department of Consumer and Industry Service. Such organizations shall be further defined as follows:

A.

[The term] "child care center" or "day care center" means a facility, other than a private residence, receiving more than six preschoolage or schoolage children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two 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, pay group, or drop-in center. [The term] "child care center" or "day care center" does not include a Sunday School conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

B.

[The term] "foster family home" is a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and super-vision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

C.

[The term] "foster family group home" means a private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

D.

[The term] "family day care home" means a private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

E.

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

Church, temple or mosque. A building or structure, or groups of building or structures, which by design and construction are primarily intended for organized religious services and accessory uses associated therewith.

Clear vision. An area along each street at its intersection with another street, drive or alley where no visual obstruction of sight may exist.

Clinic, dental or medical. A building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying out their profession. The clinic may include a medical or dental laboratory.

Club, social. A club, group or organization created for recreational, artistic, athletic, academic, political, charitable, or other social purpose, and whose activities are not conducted primarily for profit or material gain and do not involve merchandising, vending, or other commercial activities, except as required incidentally for the membership and purpose of the social club.

Commercial. A term relating to the use of property in connection with the purchase, sale or trading of goods or service.

Commercial vehicle. Any vehicle serving purposes other than the transportation of persons or registered for the gross vehicle weight of more than 9,000 pounds. This definition includes, but is not limited to, buses and semi-trucks and trailers.

Condominium definitions. The following definitions are related to condominiums:

A.

[The term] "condominium act" means Act 59, public acts of 19 78, as amended.

B.

[The term] "condominium documents" means the master deed, recorded pursuant to the condominium act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.

C.

[The term] "condominium subdivision (site condominium)" means a method of subdivision where land ownership of sites is regulated by the condominium act (MCL 559.101 et seq.), as opposed to the Land Division Act (MCL 560.101 et seq.). Condominium subdivision shall be equivalent to the term "subdivision" as used in this title and the city subdivision regulations ordinance.

D.

[The term] "condominium subdivision plan" means the drawings and information prepared in accordance with section 66 of the condominium act (MCL 559.166). Such drawings and information typically include the site, survey and utility plans, floorplans and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land.

E.

[The term] "condominium unit" means the portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential office, industrial, business, recreational, use as a timeshare unit, or any other type of use.

F.

[The term] "consolidating master deed" means the final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

G.

[The term] "contractible condominium" means a condominium project from which any portion of the submitted land or building may be withdrawn in accordance with this title [zoning ordinance] and the condominium act (MCL 559.101 et seq.).

H.

[The term] "conversion condominium" means a condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the condominium act (MCL 559.171).

I.

[The term] "expandable condominium" means a condominium project to which additional land may be added in accordance with this title and the condominium act (MCL 559.101 et seq.).

J.

[The term] "master deed" means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by section 8 of the condominium act (MCL 559.108).

K.

[The term] "notice of proposed action" means the notice required by section 71 of the condominium act (MCL 559.171), to be filed with the city and other agencies.

L.

[The term] "site condominium" means a developmental concept for a condominium development containing residential, commercial, office, industrial or other structure for uses permitted in the zoning district in which located; in which each co-owner owns exclusive rights in a condominium unit as described in the master deed.

M.

Lot shall mean the same as homesite and condominium unit in site condominium developments.

Contiguous. Next to, abutting, or touching and having a common boundary or portion thereof, which is co-terminus.

Convalescent or nursing home. A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.

Deck. A horizontal structure of a single elevation or varying elevations, commonly used as a floor attached or adjacent to the main building.

Density. The intensity of development in any given area, measured in this [zoning] ordinance by the number of dwelling units per acre.

Density, high residential. Five or more dwelling units per acre.

Density, low residential. Less than three dwelling units per acre.

Density, medium residential. Not more than five dwelling units per acre.

Development. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

Dish-type satellite signal-receiving antennas. [The term "dish-type satellite signal-receiving antennas,"] also referred to as "earth stations" or "ground stations," shall mean one, or a combination of two or more of the following:

A.

A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.

B.

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

C.

A coaxial cable the purpose of which is to carry or transmit said signals to a receiver.

[The term] "dish" shall mean that part of satellite signal receiving antenna characteristically shaped like a saucer or dish.

District (zoning). A portion of Sturgis in which certain building and activities are permitted and in which certain regulations, in accordance with the [zoning] ordinance, are applicable.

Dog house. A structure that has a roof and walls intended for the shelter or enclosure of a pet or pets (dogs, cats, rabbits, etc.).

Drive-in. Where food, frozen desserts or beverage are sold to the customers in a ready-to-consume state and where the customer consumes food, frozen desserts or beverages in an automobile parked upon the premises or at other facilities provided for customers which are located on the premises outside the building.

Drive-through. An establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles so as to serve patrons while in their motor vehicles rather than within a building or structure, for carryout and consumption or use after the vehicle is removed from the premises.

Dwelling unit. [The term] "dwelling unit" means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

Dwelling, one-family. [The term] "one-family dwelling" means a building designed exclusively for and occupied exclusively by one family.

Dwelling, multiple family. [The term] "multiple-family dwelling" means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

Dwelling, two-family. [The term] "two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other.

Elderly housing, dependent. [The term] "elderly housing dependent" means a multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit shall not contain cooking facilities, but must contain sanitary facilities.

Elderly housing, independent. [The term] "elderly housing independent" means a multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.

Egress (exit). An exit from a building or site.

Electronic message display. A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Electronic message display sign. A sign on which the message changes automatically through the use of changing lights to form a text message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic process. Electronic message display or changeable copy signs do not include graphic display (i.e. static pictures, with or without text) or video display (i.e. moving pictures, with or without text).

Emission. A discharge of pollutants into the air.

Environmentally sensitive area. An area with one or more of the following characteristics:

A.

Slopes in excess of 20 percent.

B.

Floodplain.

C.

Soils classified as having a high water table.

D.

Soils classifies as highly erodible, subject to erosion, or highly acidic.

E.

Land incapable of meeting percolation requirements.

F.

Land formerly used for landfill operations or hazardous industrial uses.

G.

Fault areas.

H.

Stream corridors.

I.

Estuaries.

J.

Mature stands of native vegetation.

K.

Aquifer recharge and discharge areas.

L.

Wetlands.

Erected. As used in this [zoning] ordinance, [the term] "erected" signifies the construction, alteration, reconstruction, placement upon, or any physical alteration to a piece of land, including the excavating, moving and filling of earth.

Erosion. The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.

Essential services. The erection, construction, alteration, or maintenance of railroads, public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including -buildings other than the buildings as are primarily enclosures or shelters of the mentioned equipment.

Excavation. The removal of rock, sand, soil, or fill material below the average grade of the surrounding land and/or road grade, whichever is highest. This does not include alterations for farming or gardening purposes.

Exceptions. An exception is a use permitted only after review of an application by the board of appeals other than the administrative official (building department), such review being necessary because the provisions of this [zoning] ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review by this [zoning] ordinance.

Family.

A.

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

B.

The functional equivalent of a domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family, with a demonstrable and recognizable bond which constitutes the functional equivalent bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single, nonprofit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. For the purposes of enforcement, the building department shall presume that a functional equivalent of a domestic family is limited to six or fewer persons. A property owner may rebut this presumption to allow more than six persons by submitting an application for special land use approval subject to the standards set forth in this [zoning] ordinance.

Farm. Any area of two acres or more, used for agricultural purposes and uses incidental thereto, but not to include the raising or keeping of livestock or fowl. However, the incidental uses shall be subordinate to normal agricultural uses and shall not include commercial feeding of offal or garbage to animals.

Fast food restaurant. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carryout with the consumption off the premises, and whose design or principal method of operation includes one or both of the following:

A.

Food, frozen desserts, or beverages usually served in edible containers or in paper, plastic, or other disposable containers;

B.

More than 45 percent of the available floor space devoted to food preparation, related activities and other floor space not available to the public.

Fence. A permanent or temporary partition or structure erected as a divider, barrier, or enclosure between two or more properties.

Fence, ornamental. A manmade structure the surface area of which is more than 65 percent open. Ornamental fences shall not be chainlink or of wire construction.

Fence, privacy. An obscuring fence or planting such as a hedge or trees and shrubbery of definite height and location to serve as a screening device.

Final approval. The last official action of the planning board or board of zoning appeals taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, the required improvements having been installed or guarantees properly posted for their installation, or approval conditioned upon the posting thereof.

Floodplain. The relatively flat area or low lands adjoining the channel of watercourse or a body of standing water, which has been or may be covered by floodwater. Determination of a floodplain is:

A.

Contiguous areas paralleling a river stream or other body of water that constitute at their maximum edge the highest flood levels experienced in a period of 100 years.

B.

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

C.

Contiguous area paralleling a live stream or other body of water that exhibit unstable soil conditions for development.

Floor area, usable. That area of a nonresidential building used for or intended to be used for the sale of merchandise or services. Such floor area which is used for or intended to be used primarily for the storage or processing of merchandise which may include hallways, breezeways, stairways, and elevator shifts, or for utilities and sanitary facilities, shall be excluded from the computation of usable floor area.

Floor area. The area of all floors computed by measuring the dimensions of the outside walls, excluding attic and basement floors, porches, patios, breezeways, carports, and garages, or portions of rooms with less than seven feet six inches (T-6") of space between the floor and ceiling.

Fraternal organization. A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meeting, rituals and formal written membership requirements.

Full service eating and drinking establishment. An establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes the following:

A.

Customers are normally provided with an individual menu; are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which the items are consumed; or

B.

Cafeteria-type operation where foods, frozen desserts, or beverages are generally consumed within the restaurant building.

Funeral homes and mortuary establishment. A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Garage, private. A detached accessory building or portion of a main building used for the storage of four or less passenger vehicles including not more than one truck of a rated capacity of one ton or less, without provision for repair or servicing such vehicles for profit.

Glare. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade. For purposes of this [zoning] ordinance, the level of the ground adjacent to the walls. In the case of lots with a sloping terrain, the grade shall be the average elevation of the ground adjacent to the walls.

Greenbelt. A planting of trees and shrubs to serve as a screening device between abutting land uses.

Greenhouse, retail. A retail business whose principal activity is the selling of plants with or without outside storage, growing, or display. Retail greenhouses shall include a building or structure which exceeds 150 square feet, that is designed for the cultivation or protection or retail sale of flowers, shrubbery, produce, trees, and other horticultural products tender plants for retail sale.

Group dwellings (congregate living). A building or group of buildings, designed and used for residential habitation where joint and/or separate sleeping rooms share common living, kitchen, eating and bathroom facilities, housing persons unrelated by blood or marriage.

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

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

Home occupation. An occupation carried on for gain by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.

Horticulture. The art of cultivating gardens producing vegetables, fruits, flowers or ornamental plants.

Hospice. A home-like facility for the care of the critically ill, with acute care facility capabilities.

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

Industrial, light. The indoor manufacturing of finished products or parts, including processing, fabrication, assembly and disassembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, which produces minimal noise, odors, vibration, hazardous waste materials, or particulate that will not disturb or endanger neighboring properties. All other industrial uses shall be considered heavy industrial.

Ingress. Access or entry.

Institutional or public uses. Churches, schools, hospitals, convalescent or nursing homes, public or quasi-public nonprofit uses, parks and playgrounds.

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

Inoperable motor vehicle. An automobile, truck, or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power, and will require major repairs before being made usable; or such a vehicle which does not comply with state or city laws or ordinances.

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

Kennel. Any building or land used for the sale, boarding, or breeding of dogs, cats, or other household pets for remuneration.

Kennel, residential. Any structure or area designed and used specifically for the boarding or exercise of a private individual's own pet or pets (dogs, cats, rabbits, etc.), including but not limited to dog houses, pens, outdoor cages, and dog/pet runs.

Land use plan. A plan showing the existing and proposed location, extent and intensity of development of land to be used for varying types of residential, commercial, industrial, agricultural, recreational, educational, and other public and private purposes or combination of purposes and is a part of the City of Sturgis comprehensive plan (master plan).

Laundry and dry cleaning. A commercial establishment where clothes can be washed or dried.

Legislative body. The city commission.

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

Lot. A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this [zoning] ordinance. A lot may or may not be specifically designated as such on public records. [The term] "lot" means the same as "homesite" and "condominium" in site condominium developments.

Lot area. The total horizontal area included within lot lines.

Lot, corner. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this title 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 or the straight street line extended, form an interior angle of less than 135 degrees.

Lot coverage. The part or percent of the lot occupied by buildings or structures.

Lot depth. The horizontal distance between the front and rear lot lines measured along the median between the side lot lines.

Lot, interior. Any lot other than a corner lot.

Lot lines. Any lines bounding a lot, including the following:

A.

Front lot line. In the case of an interior lot, it is that line separating the lot from the street. In the case of through lot or corner lot, it is that line separating the lot from each street.

B.

Rear lot line. The 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, not less than ten feet long lying farthest from the front lot line and wholly within the lot. On curved streets or on cul-de-sac turn arounds, the rear yard shall be opposite the front set back line at ninety 90' degrees from such set back line.

C.

Side lot line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot 6om another lot or lots is an interior side lot line.

Lot, through. [A through lot] is any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

Lot of record. A parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or in common use by municipal or county officials, and which actually exists as shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot width. The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.

Lot zoning. A single tract of land, located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may not coincide with a lot of record but may include one or more lots of record.

Lumber and building supply yards. Lumber and building supply yards are businesses that sell building materials and/or lumber in large quantities, and includes a significant portion of its product storage outdoors or in warehouse portions of the building and then sells them retail form to customers.

Main building. [The term] "main building" means a building in which is conducted the principal use of the lot upon which it is situated.

Main use. The principal use to which the premises are devoted and the principal purposes for which the premises exist.

Major street (primary road). A street or highway so designated on the thoroughfare plan of the city master plan which is designed and intended to carry heavy traffic volumes.

Master plan (comprehensive plan). A comprehensive, long-range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities and land use. Such plan may or may not be adopted the planning board or city commission.

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

Mezzanine. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.

Mineral. Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

Mineral extraction. The removal of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or part thereof for the extraction or removal of minerals from their original location and/or the preparation, washing, cleaning, crushing, stockpiling, or other processing of minerals at the subject location so as to make them suitable for commercial, industrial or construction use.

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

Minor or local street. A dedicated public way or recorded private street which affords access to abutting properties and is designed primarily to serve immediate neighborhood needs.

Mixed-use development. A development with planned integration of residential and non-residential uses where residential is only permitted above the first floor.

Mobile home. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, and which includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. [The term] "mobile home" does not include a recreational vehicle.

Mobile home park. A parcel of land 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 whether a change is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

Mobile home site. A measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home for the exclusive use of the occupants of such mobile home.

Mobile home subdivision. A mobile home park except that the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Michigan Act 288 of 1967, as amended.

Modular and sectional home. A dwelling unit consisting of two or more transportable factory-fabricated units designed to be assembled as a single residential structure on a foundation as required for conventional residences.

Motel. Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient trade for transient occupancy.

Municipality. The City of Sturgis.

Mural. A wall painting containing no elements of a sign and which does not advertise or promote the interest of any person, business or product.

Nonconforming structures. Any building or portion thereof lawfully existing at the time this [zoning] ordinance became effective and which now does not comply with its regulations.

Nonconforming lot. A lot, the area, dimensions or location of which was lawful prior to the adoption, revisions, or amendment of the zoning code; but which fails, by reason of such adoption, revisions, or amendment, to conform to current requirements of the zoning district.

Nonconforming sign. Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, which renders the sign nonconforming, because it does not conform to all the standards and regulations of the adopted or amended ordinance.

Nonconforming use. Any property use which was lawful at the time this [zoning] ordinance became effective and which now does not comply with its regulations.

Nonconforming use orstructure, class A. A nonconforming use or structure which has been designated to be allowed to be perpetuated and improved under the provisions of this [zoning] ordinance.

Nonconforming use or structure, class B. A nonconforming use or structure which has been designated to be allowed to be perpetuated within the restricted provisions of this [zoning] ordinance.

Nuisance. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat electronic or atomic radiation, objectionable effluent, noise or congregation of people, particularly at night, passenger traffic, invasion of nonabutting street frontage by traffic, a burned-out structure, a condemned structure.

Nursery, plant materials. Any lot or structure used for the growing, harvesting, processing, storing, and/or selling of plants, shrubs, trees and flowers, including products used for gardening and landscaping, but not including fruit, vegetable and Christmas tree sales.

Nursery school. A daytime facility which has as its main objective a development program for preschool children and whose staff meets the educational requirements established by the state.

Nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.

Occupancy permit. A required permit allowing occupancy of a building or structure after it has been determined that the building meets all of the requirements of applicable ordinances.

Off-street parking lot. [The term] "off-street parking lot" means a facility providing off-street vehicular parking spaces and drives or aisles for the parking of more than three vehicles.

Office building. A group of tenant spaces in one building with a minimum 400 square feet per tenant.

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

Open air business. A business including the sales or display of retail merchandise or services outside of a permanent structure, such as a drive-in business.

Outdoor sales area. A temporary outdoor event which offers for sale goods and merchandise by a business other than an established indoor business at the site.

Outdoor gathering area. Any defined area used for the purpose of stationing people in an organized fashion during the course of a business or public activity outside of a building. Includes activities such as outdoor dining spaces, areas licensed by Michigan Liquor Control for outdoor service, music dancing areas, festival locations, and other similar uses.

Parking access. The area of parking lot that allows motor vehicles ingress and egress from the street to the parking aisle or parking space.

Parking aisle. The area behind the parking space used for backing and turning into and out of the parking space.

Parking bay. A parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave spaces.

Parking lot. An off-street, ground level area, surfaced and improved, for the temporary parking of motor vehicles.

Parking space. An area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the parking of permitted vehicles.

Performance standards. A set of criteria or limits relating to nuisance elements which, a particular use or process may not exceed.

Permitted use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal service. Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

Pet shop and sales. Pet shop means a place where animals are offered for sale, exchange, or transfer. No person shall operate a pet shop unless he has first received a license from the department of agriculture.

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

Planned unit development or PUD. An area of minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasipublic, commercial, or industrial areas in such range or ratios of nonresidential to residential uses as shall be specified and in accord with the goals and objectives of the master plan.

Planning board. The planning board of the City of Sturgis.

Political sign. A temporary sign announcing or supporting political candidates, parties, or issues in connection with any national, state or local election, movement or cause.

Preliminary plan. A preliminary map indicating the proposed layout of the subdivision, PUD, or site plan, which is submitted to the proper review authority for consideration and preliminary approval.

Principal building. A building in which is conducted the principal use allowed of the lot in the district in which it is situated.

Principal use. The primary or predominate use of the premises.

Printing or publishing. Establishments such as non-industrial commercial printers, businesses that publish newspapers, books and periodicals (whether or not they do their own printing), and copy shops.

Professional services. Services offered to the general public by the traditional professions, such as law, medicine, engineering, accounting, and architecture.

Public facilities. Facilities which are owned and operated by a municipality, government agency, or publicly owned utility.

Public hearing. A meeting announced and advertised in advance and open to the public, with the public given opportunity to speak or participate.

Public utility. Any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public, electricity, gas steam, communication, telegraph, transportation, water, sanitary sewer and storm sewer. Wireless communication devices and facilities are not defined as a public utility.

Public way. A highway, street, avenue, boulevard, road, lane, alley or other areas specifically designated and continuously maintained for public access.

Quasipublic agency. A service-owned and operated by a nonprofit, religious, or missionary institution and providing educational, cultural, recreational, or similar types of public programs.

Reasonable accommodation use. Housing accommodation for handicapped persons in residential districts.

Recreation facility. A commercial establishment indoor or outdoor, which is designed to provide the user with the opportunity to relax, engage in athletic activities or engage in other leisure pursuits, including but not limited to driving ranges, , swimming pools, water parks, athletic courts (tennis, basketball, racquetball), personal fitness, gyms, exercise and training facilities, motorized cart and motorcycle tracks, and batting cages.

Recreational equipment. Includes travel trailers, pickup campers, ice fishing houses, tent trailers, tents, boats and boat trailers, wave runners, utility trailers and similar equipment and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not.

Recreational vehicle. A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

Residential, residential use, or residential district. The use of land parcels for human habitation under the terms of this [zoning] ordinance. [The term] "residential" shall not be construed or interpreted to mean the storage, sale (wholesale or retail), trade, transfer, fabrication, production, manufacture, or development of goods and services.

Restrictive covenant. A restriction on the use of land usually set forth in a deed or other appropriate document.

Retail sales and retail services. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods.

Retail trade. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods.

Retaining wall. A wall designed to resist the lateral displacement of soil or other material.

Riding academy or stable. Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch, similar establishment or business.

Right-of-way line. The boundary of a dedicated street or highway.

Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation, and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary and storm sewers or other similar uses.

Ringelmann chart. A device to measure the opacity of smoke emitted from stacks and other sources.

Road frontage. The length of the lot line which borders a public road.

Road or street, private. An irrevocable easement running with the land to one or more owners of adjacent, properties which provides access to those adjacent properties and which is not dedicated for general public use.

Road or street, public. Any public right-of-way which provides vehicular access to adjacent properties.

Roof. The top outside covering of a building.

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

Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Salvage yard. A place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packaged, disassembled, cleaned, or handled, including house and vehicle wrecking yards, used lumber yards, and places or yards for use of salvaged house and vehicle parts, and structural steel materials and equipment. [The term] "salvage yard" shall not include uses conducted entirely within a completely-enclosed building; pawnshops and establishments for the sale, purchase, or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment; and the processing of used, discarded, or salvaged materials as part of manufacturing operations.

Scale. The relationship between distances on a map and actual ground distances.

School, business. A business school, same as trade school, is a postsecondary educational institution designed to train students for a specific job in a skilled trade career. Examples include business, beauty, cooking, language or trade school of a non-recreational nature which charges a fee for attendance.

School, elementary. Any school licensed by the state and which meets the state requirements of elementary education.

School, parochial. A school supported and controlled by a church or religious organization.

School, private. Any building or group of buildings the use of which meets the state requirements for primary, secondary, or higher education and which does not secure a major part of its funding from any governmental agency.

School, secondary. Any school licensed by the state and which is authorized to award diplomas for secondary education.

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berm, or densely planted vegetation.

Seasonal business. A retail business or service business that is not normally used as a business for more than eight months during any one calendar year.

Setback. The distance required to obtain minimum front, side or rear yard open space provisions of this [zoning] ordinance. Setbacks from a public street shall be measured from the existing or proposed right-of-way lines, whichever is greater unless otherwise provided in this [zoning] ordinance.

Short term parking. Customer parking which has regular turnover and up to a 30 minute maximum duration.

Sign definitions. The following definitions are related to signs:

A.

The term "sign" means any announcement, declaration, display, billboard, illustration and insignia when designed and placed so as to attract general public attention. Such shall be deemed to be a single sign whenever the proximity, design, content or continuity reasonably suggest a single unit, notwithstanding any physical separation between parts. The term "sign" includes any banner, bulbs or other lighting devices, streamer, pennant, balloon, propeller, flag and any similar device of any type or kind, whether bearing lettering or not.

1.

Accessory sign. A sign which pertains to the principal use of the premises.

2.

Air-blown device. Any device not otherwise specifically defined in this article that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by mechanically forced air. This definition specifically includes but is not limited to those devices referred to commercially as "air puppets" and "air dancers".

3.

Awning or canopy. A sign mounted on or painted onto, an awning, marquee, or canopy.

4.

Banner. A temporary sign of fabric, plastic, or other sign made of non-rigid material without an enclosing structural framework that must be hung or temporarily affixed to the tenant space.

5.

Billboard. A sign other than an off-premises directional sign, which does not pertain to the principal use of the premises.

6.

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

7.

Feather sign. A temporary freestanding sign, typically consisting of a single pole or shaft of plastic, metal or other rigid material, imbedded or otherwise fastened in the ground at the base, with a vertically elongated pennant made of fabric, vinyl or other flexible material in the shape of a feather, tear drop or similar configuration attached along the pole. This type of sign may attract attention by waving and/or fluttering from natural wind currents.

8.

Flag sign. A device generally made of flexible material, usually cloth, paper or plastic, which is normally attached to a flagpole or to a building. The term flag does not include feather signs.

9.

Freestanding sign. A sign other than a portable sign which is not attached to a building.

10.

Ground sign. A display sign supported by one or more columns, uprights or braces or mounted directly upon the ground surface and having a height not in excess of six feet.

11.

Development ground sign. An entrance sign identifying a development and/or the occupants of a development in which more than one tenant or use occupies a site or sites in the development.

12.

Inflatable sign. A temporary sign consisting of flexible material or fabric that takes on a three dimensional shape when filled with a sufficient volume of air or other gas.

13.

Marquee sign. A display sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

14.

Non-accessory sign. A sign which does not pertain to the principal use of the premises.

15.

Non-accessory temporary development sign. A sign advertising a real estate development consisting of five or more lots or parcels in one ownership.

16.

Off-premises directional sign. A sign which provides direction to a location in the city.

17.

Pylon sign. A display sign supported by one or more columns, uprights or braces in the ground surface and having a height in excess of six feet.

18.

Portable sign. A sign and sign structure which is designed to facilitate the movement of the sign from one zoning lot to another. The sign may or may not have wheels, changeable lettering and/or hitches for towing. A sign shall be considered portable only if such sign is manifestly designed to be portable to facilitate its movement from one zoning lot to another. Signs utilized to be moveable, other than from one zoning lot to another, shall be considered freestanding signs under this [zoning] ordinance.

19.

Projecting sign. A sign, other than a marquee, awning, or canopy sign which is attached directly and perpendicularly to the building wall, not on the same plane as the wall, where any part of which extends beyond the building wall more than 12 inches.

20.

Roof sign. A display sign which is erected, constructed and maintained in or above the roof of the building.

21.

Sandwich board sign. A temporary freestanding sign, consisting of two sign faces of equal size hinged at the top and placed on the ground.

22.

Temporary promotional materials. Any posters, banners, flags, etc. displayed inside business windows, so as to be visible and attract attention of the general public to advertise products, goods or services provided on premises for a specified period of time.

23.

Temporary sign. A display sign, banner or other advertising device constructed of cloth, canvas, fabric, plastic or other light temporary material, with or without a structural frame, or any other sign intended for a limited period of display, but not including decorative displays for holidays or public demonstration.

24.

Wall sign. A display sign which is painted on or attached directly to the building wall.

25.

Window sign. A sign affixed to a window so as to be observable from the opposite side of the window to which such sign is affixed.

26.

Vehicle sign. A sign attached to a vehicle or placed within or upon such vehicle which advertises products for sale other than the identification of the vehicle owner or operator.

27.

Yard sign. A temporary freestanding sign placed on private property facing a street or parking area.

a.

Rigid frame: A temporary yard sign, consisting of a frame or skeleton made of steel, wood or similar sturdy material placed into the ground, that resists bending or movement and is capable of withstanding wind turbulence while supporting a sign of permitted size.

b.

Wire frame: A temporary yard sign, typically consisting of a fairly pliable "H" shaped metal frame, one end of which is typically inserted into a plastic sign and the other end is inserted into the ground.

Window sign, etc.

Marquee sign, etc.

B.

[The term] "sign area" [means] the gross surface area within a single continuous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural or framing elements, lying outside the limits of such sign, and not forming an integral part of the display. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be-the area of the smallest rectangular figure which can encompass all the letters and descriptive matter.

C.

[The term] "erect" [means] to build, construct, attach, hang, place, suspend, affix or paint.

D.

[The term] "noncombustible material" [means] any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to bum or glow at that temperature.

E.

[The term] "sign face" [means] the area of display surface used for the sign message.

Single housekeeping unit. [The term] "single housekeeping unit" [means] all of the associated rooms in a dwelling unit available to and occupied by all of the occupants with a single set of cooking facilities also available to and utilized by all of the occupants of the dwelling unit.

Site condominium (condominium subdivision). A method of subdivision where land ownership of sites is regulated by the condominium act (MCL 559.101 et seq.) as opposed to the Land Division Act (MCL 560.101 et seq.). [The term] "condominium subdivision" shall be equivalent to the term "subdivision" as used in this [zoning] ordinance.

Site. Any plot or parcel of land or combination of contiguous lots or parcels of land.

Site plan. The development plan for one or more lots, on which is shown the existing and proposed conditions of the lot under the terms of article XII of this [zoning] ordinance.

Site plan review and approval. The submission of plans for review and approval, as required by this [zoning] ordinance, and special use permits.

Sketch plan. A rough map of the proposed subdivision or site plan, of sufficient accuracy to be used for the purpose of discussion and classification.

Sleeping room. Attached room which is intended, arranged, or designed to be occupied by one or more persons primarily for sleeping purposes and shall have an area of not less than 70 square feet or be less than seven feet in any dimension.

Small engine repair. A business that offers sales and/or service for a wide range of small-displacement, low-powered internal combustion engines used to power lawn mowers, generators, concrete mixers and many other machines that require independent power sources.

Social clubs. A club, group or organization created for recreational, artistic, athletic, academic, political, charitable, or other social purpose, and whose activities are not conducted primarily for profit or material gain and do not involve merchandising, vending, or other commercial activities, except as required incidentally for the membership and purpose of the social club.

Solar array. Any number of photovoltaic devices connected together to provide a single output of electric energy or other energy, including items such as solar modules, inverters, racking, energy storage devices, substations, and balance of system components.

Solar energy system, large. A utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy. The system shall have a capacity greater than one megawatt (MW) and be located on one or more parcels with an aggregate area of ten acres or greater.

Special land use. A use permitted in a given zone when the use is specified in article VI [of this zoning ordinance] and has been reviewed by the planning board, after application, to assure that all specified conditions are met.

Specified anatomical areas.

A.

Less than completely and opaquely covered:

1.

Human genitals, pubic region and buttock:

2.

Female breast below a point immediately above the top of the areola.

B.

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

Specified sexual activities.

A.

Human genitals in a state of sexual stimulation or arousal.

B.

Acts of human masturbation, sexual intercourse or sodomy.

C.

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

Spot zoning. Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses, and not for the purpose or effect of furthering the objectives of the Sturgis master plan.

Stable, private. Any building for shelter of horses or other animals not kept for remuneration, hire, or sale.

Stacking areas. Areas designated for the temporary queuing of motor vehicles, such as for a drive-thru restaurant or a bank.

Stall, parking. The parking space in which vehicles park.

Storage. Something kept for future use.

Story. That part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.

Story, half. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches.

Street. A public right-of-way which has been dedicated to the public and accepted for the purpose of providing access to abutting lots or land, including space for curb, cutter, paving, and sidewalks.

Street classifications. The classification of streets based upon their location and their present and expected future traffic volume and relative importance and function as follows and as designated in the master plan of the City of Sturgis:

A.

Local street. A road intended to provide access to collector roads from individual properties and described in the master plan of the City of Sturgis (master plan of thoroughfares).

B.

Collector street. A road intended to collect traffic from local streets to distribute to secondary and primary arterial streets.

C.

Secondary arterial. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational buildings, hospitals, major recreational areas, churches, and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.

D.

Primary arterial. A road intended to move traffic to and from major attractions such as shopping centers, central business districts, regional shopping malls, colleges and universities, military installations and similar traffic generators within the local unit of government, and/or as a route for traffic between neighboring communities.

Strip mall area. Multiple commercial establishments developed on the same parcel under one site plan.

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

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

Studio. A building or portion of a building used as a place of work by an artist, photographer or artisan, musician, yoga or martial arts, or used for radio, podcast or television broadcasting.

Subdivide or subdivision. The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or for building development, that results in one or more parcels of land, of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of Public Act No. 288 of 1967 (MCL 560.101 et seq.). [The term] "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is. added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Temporary building or use. A structure or use permitted by the building department, to exist during periods of construction of the main building or for special events.

Temporary certificate of occupancy. A certificate of occupancy which is issued for a fixed time period to allow occupancy, because seasonal conditions make it impossible to complete all needed external improvements.

Temporary outdoor gathering area. Any outdoor gathering area used during a festival or community event.

Theater. A building used primarily for the presentation of live stage productions, performances, or motion pictures.

Tourist home. A residential private home or condominium that is not occupied by an owner or manager and is rented, leased or furnished in its entirety to guests on a daily or weekly basis.

Transient. Occupancy of a sleeping room or dwelling unit for not more than 30 days.

Transition. For the purposes of this [zoning] ordinance one or more of the following [constitute a transition]:

A.

A zoning district which may serve as a district of transition, i.e., a buffer zone between various land use districts or land use types;

B.

A residential rear or side yard lot or land parcel arrangement abutting a land use of more intense development character; [or]

C.

A device such as an earth berm, wall, screening fence, heavy shrub and tree planting or a combination of such devices providing a buffer between land use types.

Transportation services. Train, bus, taxi terminal, dispatching center or any similar uses.

Truck. Automotive vehicle for hauling.

Truck and railroad terminals.

A.

A place where transfer between modes of transportation takes place.

B.

A terminating point where goods are transferred from a track to a storage area or to other trucks, or picked up by other forms of transportation.

Use. The lawful purpose for which land or premises, including the structures thereon, is designed, arranged, or intended or for which it is rented, leased, occupied, or maintained.

Use, lawful. The use of any structure or land that conforms with all of the regulations of this [zoning] ordinance or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements that exist at the time of the enactment of this [zoning] ordinance or any amendment thereto.

Used car lot. A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven off the lot. A used car lot shall not be used for the storage of wrecked automobiles, the dismantling of automobiles, the repair of automobiles or the storage of automobile parts.

Variance. A modification of the required provisions of the physical development or land use standards or the zoning ordinance granted when strict enforcement of the [zoning] ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of the variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.

Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces, and licensed as a motor vehicle.

Vehicle repair shop. A building used for the painting or repair of damaged motor vehicles, boats, mobile housing facilities, or trailers.

Vehicle sales area. An outdoor area, where no repair work is done, used for the display, sale, or rental of new or used motor vehicles, boats, mobile housing facilities, or trailers in operable condition.

Veterinary hospital. A structure designed for the care and treatment of animals.

Wall, obscuring. A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this [zoning] ordinance.

Warehouse. A building primarily used for the storage of goods and materials.

Wetlands. Lands generally or intermittently covered with water which, by nature of their surface and/or subsurface soil characteristics either contribute to the replenishment of subsurface water supply, or are self-contained water resources, including marshes, swamps and bogs.

Wholesale activities. Activities primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

Wholesale trade. Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Yards. Open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this [zoning] ordinance and as defined in this section.

A.

[The term] "front yard" [means] an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

B.

[The term] "rear yard" [means] an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

C.

[The term] "side yard" [means] an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

Zero lot line. The location of a building in such a manner that one or more of the building's sides rest directly on a lot line.

Zoning envelope. The three-dimensional space within which a structure is permitted to be built on a lot, which is defined by maximum height regulations and yard setbacks.

(Ord. of 2-23-2005; Ord. of 4-13-2005; Ord. of 5-22-2013; Ord. of 6-24-2014; Ord. of 11-11-2015; Ord. of 5-9-2018(2); Ord. of 9-26-2018(1); Ord. of 10-10-2018(1); Ord. of 11-14-2018(1); Ord. of 11-14-2018(2); Ord. of 1-9-2019(1); Ord. of 3-25-2020(1) ; Ord. of 7-14-2021(3) ; Ord. of 5-9-2022 ; Ord. of 5-11-2022(1) )