The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a building or portion of a building subordinate to a principal building on the same parcel of property, and occupied by or devoted exclusively to an accessory use.

Accessory use means a use of land or a portion of a building customarily incidental and subordinate in purpose to the principal use of the land or building and located on the same lot with such principal use.

Adult regulated uses. The following definitions shall apply to adult-regulated uses:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, internet, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of "sexually explicit activities" or "specific anatomical areas."

Adult book store or adult video store means a commercial establishment which offers for sale or rental for any form of consideration, occupying 15 percent or more of the floor area of the establishment, any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video matter, or photographs, cassettes or video reproductions slides, or other visual representation which depict or describe "sexually explicit activities" or "specified anatomical areas";

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with "sexually explicit activities."

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of restricted nudity; or

(2)

Live performances which are characterized by the partial exposure of "specified anatomical areas"; or

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas."

Adult mini motion picture theater means an enclosed building with a capacity for less than 50 persons used commercially 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 subsections (9) and (10) of this definition, for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

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

(2)

Permit patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web or similar types of distribution media; or

(3)

Offer a sleeping room for rent for a period of time that is less than 10 hours; or allow a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(4)

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

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by the performance of "sexually explicit activities."

Amusement gallery/arcade means any business which provides on its premises four or more machines which upon the insertion of a coin or slug may be operated for use as a game, contest or amusement of any description, not including musical devices.

Establishment, sexually oriented business means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The location or relocation of any sexually oriented business.

Halfway house means an institution or facility established by the state department of corrections in connection with a jail, prison or other correctional institution or facility as a residence for three or more persons committed to the jail, prison or correctional institution prior to full release from supervision, including any period of parole.

Massage parlor means a building, room, place or establishment other than a regularly licensed hospital or dispensary where nonmedical and nonsurgical manipulative exercises are practiced on the human body for other than cosmetic or beautifying purposes with or without the use of mechanical or bathing devices by anyone not a physician or surgeon or similarly registered status.

Modeling studio means an establishment which furnishes facilities to the public for the taking of photographs of males and/or females with specified anatomical areas, as defined in subsection (9) of this definition, exposed or makes such models available for any other purposes.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling of tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude or permits patrons to display or to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web or other similar distribution media.

Sexually explicit activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Excretory functions as part of or in connection with any of the activities set for in subsections (1) through (3), above;

(5)

Any activity intended to arouse, appeal to or gratify a person's lust, passions or sexual desires.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or similar establishment, or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web or other similar types of distribution media.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region;

b.

Buttocks;

c.

Female breast below a point immediately above the top of the areola; and

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

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

Alley means a public way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alterations means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as wall, partitions, columns, beams, girders; any substantial changes in the roof or exterior walls; any change in the location of a building; any change in the number of off-street parking or loading area; or any change which may be referred to in this chapter as "altered" or "reconstructed" or "change of use."

Apartment means a room or suite of rooms used as a dwelling for one family which does its cooking therein.

Apartment house means a residential structure containing three or more attached apartments.

Architectural features means architectural features of a building, including cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

Artisan manufacturing means the shared or individual use of hand-tools, mechanical tools and electronic tools for the manufacture of finished products including, but not limited to: food and bakery products; nonalcoholic beverages; printmaking; glass blowing, leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing. This may include a storefront for sales of goods produced on site.

Automobile-oriented business means any place of business that primarily provides automobile-related services and/or that provides goods or services to customers while in an automobile. Such uses include those listed below:

(1)

Automobile detailing shop means a commercial establishment that provides services such as application of paint protectors, interior and exterior cleaning and polishing, and installation of after-market accessories including tinting, spoilers, sunroofs/moonroofs, headlight covers, car alarms, CB radios, stereo equipment, or cellular telephones. Automobile detailing does not include engine degreasing and car wash operations as defined in this chapter, or similar automobile cleaning services.

(2)

Automotive repair garage means a commercial establishment that provides major or minor repair services for automobiles, trailers, recreational vehicles, motorcycles, or similar noncommercial motor vehicles, but excludes dismantling, wrecking, or salvage.

a.

Major repair service includes general repair, rebuilding, or reconditioning of engines, transmissions, motor vehicles, or trailers; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rustproofing, major painting services; or similar servicing, rebuilding, or repairs that normally do require significant disassembly and/or overnight on-site storage of vehicles.

b.

Minor repair service includes the replacement of any part or repair of any part that does not require removal of the engine head or pan, transmission, or differential; engine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment and/or balancing; sales and installation of batteries and/or tires; incidental body and fender work; minor painting and upholstering service, or similar servicing or repairs not as part of collision repair that normally do not require any significant disassembly or overnight on-site storage of vehicles.

(3)

Car wash means a facility for the washing and/or waxing of automobiles but not heavy trucks or commercial fleets.

a.

Automatic car wash means a building or portion thereof containing automatic or mechanical devices for washing automobiles.

b.

Self-service car wash means a facility where washing, drying, polishing, and/or vacuuming of an automobile is done by the driver or an occupant of the automobile.

(4)

Gas station or filling station means an establishment where motor fuels (including gasoline, diesel fuel, and alternative fuels) and lubricants are sold and/or dispensed as the principal use on the site. Household propane and kerosene sales may be permitted pursuant to this section. The sale of convenience items may be accessory to the principal use, provided that payment for such items is made outside any structure on the site.

(5)

Gas station with convenience store means any commercial establishment that sells both motor fuels and convenience items for which payment may be made inside a structure on the site. Convenience items may include hot or cold beverages, prepackaged food items, and/or self-service food items, but not food prepared on the premises by a person other than the consumer.

(6)

Service station means any commercial establishment where motor fuels and lubricants are sold and/or dispensed as the principal use on the site, but which also offers minor repair service (see automotive repair garage) and/or retail sales of tires, batteries, and other small accessories or parts for motor vehicles.

Automobile-oriented uses shall not include new or used automobile dealerships, retail establishments providing goods but no repair service (e.g., auto parts stores), mass transportation facilities (e.g., bus terminals), parking spaces or parking lots, automobile rental establishments, automobile liveries, truck repair garages, truck stops, or any public or governmental use.

Basement means that portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average natural or existing grade to the basement floor is greater than the vertical distance from the average natural or existing grade to the basement ceiling. A basement shall not be included as a story for height measurement. (See definition of "Basement, walkout" and illustration entitled "basement and story".)

Basement, walkout means a basement which has direct access to the exterior of the structure on a maximum of one side. A walkout basement shall be considered half a story.

Bed and breakfast inn means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provision for a morning meal only and for overnight guests only.

Bedroom means a room in a dwelling unit for or intended to be used solely for sleeping purposes by human beings.

Bikeway means pedestrian or nonmotorized vehicular circulation routes built according to the standards of the city or other agency with right-of-way jurisdiction, as applicable.

Billboard means any nonaccessory advertising sign, device, design, words, letters, number or trademark which makes anything known to the general public and may be the principal use of the lot or parcel on which it is located.

Board means the zoning board of appeals.

Buildable area means the buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.

Building means an independent structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building. This refers to both temporary and permanent structures and includes tents, sheds, garages, stables, greenhouses or other accessory structures.

Building, main or principal means a building in which is conducted the principal use of the lot upon which it is situated.

Building official means the person, or his authorized representative, authorized by the city manager or city council pursuant to article II of this chapter to administer and carry out the duties of enforcement of this chapter. The terms "building inspector" or "code official," if used in this chapter, shall be synonymous with "building official."

Building permits means the written authority issued by the building official of the city permitting the construction, removal, repair, moving, alteration or use of a building in conformity with the provisions of this chapter.

Building setback line means the line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided for by this chapter. Such line when adjacent to a building is normally formed by the junction of the outer surface of the building or enclosure wall with the finish grade or surface of the adjoining ground.

Canal means a natural or artificially constructed or excavated channel intended to connect two bodies of water; used for navigation purposes or boat docks; as a means of ingress or egress to other bodies of water; or for building lots on the banks thereof.

Change of use means any alteration; any expansion of floor area, off-street parking area, outdoor storage, service or operational area; land or water occupancy by a different permitted use; land or water occupancy by the same permitted use if a building or site has been unoccupied for a period of six months; the addition of a canopy for vehicles or display area; dredging, filling, excavating, grading or paving which results in an earth change of more than five cubic yards, except gardening or agriculture.

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

Club means an organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit.

Commercial use means a commercial use related to the use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services or the maintenance of offices or recreational or amusement enterprises, or garage, basements conducted on residential premises for more than six calendar days during a given one-year period.

Commercial vehicle means a truck or motor vehicle with cab and chassis construction having a commercial license plate and having stake bed, dump body, wrecker body, tanker body or any other body or cargo box, the mounted height of which exceeds the height of the cab roof by more than eight inches, and/or is over nine feet in exterior length. Commercial vehicles shall not include motor homes or recreational vehicles, but shall include construction such as backhoes, power shovels, bulldozers, earth moving equipment and other similar equipment. Commercial vehicles shall also include semitrailers and tractors, as well as other trailers used for commercial purposes, such as landscaping equipment trailers. Any vehicle in excess of 10,000 pounds gross vehicle weight will be considered a commercial vehicle.

Commission and planning commission mean the city planning commission.

Condominium means a plan or project consisting of not less than two units as established and approved in conformance with Public Acts No. 59 of 1978 (MCL 559.101 et seq.).

Convalescent or nursing home means a home for the care of the aged, impaired and persons suffering from permanent and/or extended physical disorders and illness, wherein two or more persons receive care.

Deck means a generally horizontal structure containing no roof or walls, commonly constructed of wood, typically attached to a house, and used for leisure activities.

Density means the number of dwelling units permitted on an area of land.

District means a portion of the city within which, on a uniform basis, certain uses of land and/or building are permitted and within which certain regulations and requirements apply under the provisions of this chapter.

Drive-in establishment means a business establishment so developed that its principle retail or service character provides a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, e.g., restaurants, cleaners, banks and theaters.

Drive-up service means a business activity so developed that its retail or service character is dependent on providing a driveway approach and waiting spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

Dumpster means a container used for the temporary storage of rubbish, pending collection, having a capacity of at least two cubic yards.

Dwelling, multiple means a building used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses (stacked units), and townhouses (side-by-side units), but not including mobile home parks.

Dwelling, row, terrace or townhouse means a row of three or more attached one-family dwellings, not more than 2½ stories in height, in which each dwelling has its own front entrance and rear entrance.

Dwelling, single-family means a detached building containing not more than one dwelling unit designed for residential use of one family only, provided:

(1)

It complies with the minimum square footage requirements of this chapter for the zone in which it is located.

(2)

It has a minimum width across front, side and rear elevations of 20 feet and complies in all respects with the city building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the city building code, then and in that event, such federal or state standard or regulation shall apply; further provided that the provisions of this section shall not have the effect of making one-family dwellings, which exist as of the effective date of the ordinance from which this chapter is derived, nonconforming.

(3)

It is firmly attached to a permanent foundation constructed on the site in accordance with the city building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family dwellings. If the dwelling is a mobile home, as defined in this section, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the state mobile home commission and shall have a perimeter wall as required.

(4)

If a dwelling is a mobile home as defined in this section, each mobile home shall be installed with the wheels and towing mechanism removed. Additionally, no dwelling shall have any exposed undercarriage or chassis.

(5)

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas or in a separate structure of standard construction equal to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(6)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling: has not less than two exterior doors, with the second one being in either the rear or side of the dwelling; and contains steps connected to such exterior door areas or to porches connected to such door areas where a difference in elevation requires such steps.

The compatibility of design and appearance shall be determined in the first instance by the building official upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved party to the zoning board of appeals within a period of 30 days from the receipt of notice of such building official's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of single-family dwelling as well as the character, design and appearance of one or more residential dwellings to the extent of less than 20 percent of the lots situated within such area; or, where such area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the city.

(7)

The dwelling contains no additions or rooms or other areas which are not constructed with a quality of workmanship equal to the original structure, including permanent attachments to the principal structure and construction of foundations as required in this chapter.

(8)

The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to such mobile home shall be of a type and quality conforming to the "mobile home construction and safety standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(9)

The foregoing standard shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law.

(10)

All construction required in this section shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

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

Dwelling unit means any house or building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall an automobile chassis, tent or portable building be considered a dwelling. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings. Garage space, attached or detached, shall not be deemed a part of a dwelling for area requirements.

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

Erected includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

Essential services means the erection, construction, alteration or maintenance by 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, traffic signals, hydrants, towers, poles and other similar equipment, and accessories in connection therewith, as shall be reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.

Family means one or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, inclusive of household servants. A number of persons living and cooking together as a single nonprofit housekeeping unit having a continuing nontransient domestic character, though not related by blood, adoption or marriage, shall be deemed to constitute a family. This definition shall not include any society, club, fraternity, sorority, group of students, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order, nor include a group of individuals whose association is temporary and resort/seasonal or similar to a boardinghouse, motel or hotel or for an anticipated limited duration of a school term or terms on a similar determinable period.

Fence means a man-made barrier or structure which, when erected or placed, encloses, screens, separates an area or areas, or marks a line.

Filling means the depositing or dumping of any matter onto or into the ground, except common household gardening and general farm care.

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

Floor area, usable. The measurement of usable floor area shall include that portion of the floor area measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, excluding utility or mechanical equipment rooms, or sanitary facilities. In the case of a half-story, the usable floor area shall be considered to be only that portion having a clear height above it of five feet or more. Provided, however, for the purpose of calculating required parking, usable floor area means 75 percent of the gross floor area measured from the interior face of the exterior walls. For uses not enclosed within a building, the required parking shall be based on 75 percent of the area used for the display of merchandise and/or area used to serve the patrons or clients.

State Law reference— Similar provisions, MCL 400.703.

Garbage means every refuse, accumulation of all waste, animal, fish, fowl, fruit or vegetable matter, incident to the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, including spoiled food, dead animals, animal manure and fowl manure.

Grade means the surface of the land, including the surface contours and slope. The grade is depicted by elevations of the surface of the land.

Grade, finished or final means the grade after excavating, filling, regrading or other similar changes or improvements to the land.

Grade, natural or existing means the grade prior to excavating, filling, regrading or other similar changes or improvements to the land.

Greenbelt means a strip of land which is planted with trees or shrubs acceptable in species and caliper to the planning commission.

Health and personal fitness facilities means an establishment which is equipped and arranged to provide instruction or activities which improve or affect a person's physical condition through movement. This may include, but shall not be limited to, personal training facilities; yoga, Pilates and barre studios; martial arts; dance; sports training and the like.

Height, building means the vertical distance measured from any point on the natural or existing grade to the roofline of the building immediately above. The roofline of the building shall be measured at the highest point of the roof surface if a flat roof; to the deck line of mansard roofs and to the mean high level between eaves and ridge of gable, studio, hip and gambrel roofs; and 75 percent of the height of an "A" frame. (See illustration entitled "building height requirements.")

Home occupation means any occupation conducted within a dwelling unit and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof and which does not endanger the health, safety and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, professions or hobby. Provided further that:

(1)

No article or service shall be sold or offered for sale on the premises except such as is produced by such occupation.

(2)

No home occupation shall be conducted in any accessory building.

(3)

Such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage or signs not customarily found in residential areas.

(4)

No home occupation shall generate other than normal residential traffic either in amount or type.

(5)

Parking needs generated by a home occupation shall be provided for in an off-street parking area, located other than in a required front yard.

(6)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal sense off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(7)

Day care centers, tea rooms, veterinarian's office, tourist homes, animal hospitals, kennels, millinery shops, barbershops and beauty shops, among others, shall not be deemed to be home occupations.

Hospital means an institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices and operating under license by the state health department.

Hotel means a building occupied as a more or less temporary abiding place for individuals, who are lodged with or without meals in rooms occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms.

Junk means motor vehicles, machinery, appliances, products or merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated or are in a condition which cannot be used for the purpose for which the product was intended.

Junkyard means and includes automobile wrecking yards and salvage areas and includes any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals, other scrap materials or reclaimed materials, or for the dismantling, demolition or abandonment of automobiles of other vehicles or machinery or parts thereof, but does not include uses established entirely within enclosed buildings which are in conformance with all other provisions of this chapter.

Kennel means any lot or premises on which three or more dogs, six months or more old, are permanently or temporarily boarded, or are kept for the purpose of breeding or selling.

Laboratory means a place devoted to experimental, routine study or basic study, such as testing and analytical operations and in which manufacturing of products, except prototypes, is not performed.

Livestock means any of the various bird or animal breeds, long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man, including horses, ponies, mules, donkeys, cattle, swine, sheep, goats, chickens, ducks, geese and turkeys.

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

Lot means a piece or parcel of land occupied or intended to be occupied by a building and any accessory buildings or by any other use or activity permitted thereon, and including the open spaces and yards required under this chapter, and having its frontage upon a public city street or road either certified for maintenance by the county road commission or designated on a recorded subdivision. Provided, that the owner or any number of contiguous lots may have as many of such contiguous lots considered as a single lot for the purpose of this chapter as he so elects; in such case, the outside perimeter of such group of lots shall constitute the front, rear and side lot lines thereof. This latter parcel is a "zoning lot."

Lot, corner means a lot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than 135 degrees, it is a corner lot. In the case of a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described in this definition.

Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures and temporary or permanent swimming pools.

Lot, depth means the mean horizontal distance from the center of the front street line to the center of the rear lot line.

Lot, double frontage means a lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a building permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed from both streets where buildings front.

Lot, interior means a lot other than a corner lot with only one lot line fronting on a street.

Lot, lake means a lot having any frontage directly upon a lake, canal, natural or manmade. The yard adjacent to the water shall be designated the front yard of the lot, and the opposite side shall also be designated the front yard of the lot.

Lot line means any line dividing one lot from another or from the right-of-way, and thus constitutes property lines bounding a lot.

(1)

Lot line, front means, in the case of an interior lot or lake lot abutting on one public or private street, the line separating the lot from the street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating such lot from the street which is designated as the front street: in a plat and/or in the request for a building permit. In the case of a lake lot, one front lot line shall be the legal lake level line or the platted lot line, whichever is nearest to the proposed structure or use.

(2)

Rear lot line means that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore-shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of the rear yard. In cases where none of these definitions are applicable, the planning commission shall designate the rear lot line.

(3)

Side lot line means any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot of record means a lot which actually exists in a subdivision plat as shown on the records of the county register of deeds as of November 8, 1957, or a lot or parcel described by metes and bounds, the description of which has been so recorded in the office of the register of deeds for the county as of November 8, 1957.

Lot width means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.

Major thoroughfare means an existing paved highway having an existing or planned right-of-way of at least 120 feet.

Manufactured housing means a mobile home, residential building, modular home, dwelling unit, a dwelling room or a building component, assembly or system that is manufactured in a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction, which is either wholly or substantially manufactured at an off-site location, and the installation of which is to be wholly or partially on-site in accordance with building standards established for the construction and installation of premanufactured units under the mobile home commission act (MCL 125.2301 et seq.).

Marina means a boat basin with facilities for berthing and securing all types of recreational craft, as well as providing supplies, provisions and service facilities.

Massage business means health clubs, tanning salons, gyms and other businesses, which provide massage as a primary or accessory use.

Minimum landscaped open space means the percentage of lot area which must be maintained in grass or other living vegetation.

Mobile home means a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent yearround living as a single-family dwelling. Provided, however, that the term "mobile home" shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and portable water utilities.

Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

Mobile home site means a designated lot within a mobile home park for the exclusive use of occupants of a single mobile home.

Mobile home subdivision means a subdivision designed and/or intended for the sale of lots for residential occupancy by mobile homes in accordance with standards established under the land division act (MCL 560.101 et seq.).

Motel means an attached, semi-detached, or detached dwelling unit or units which may or may not be independently accessible from the garage or parking area, containing one or more rooms or sleeping units, and providing overnight lodging that is offered or made available to the public for compensation on a per night or weekly basis.

Motor home means a motorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging. This term does not apply to mobile home.

Nonconforming use of building means:

(1)

Nonconforming use means a use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.

(2)

Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this chapter in the zoning district in which it is located. (See illustration entitled "nonconforming use".)

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast, as defined by MCL 41.181(3).

Nursery, plant materials means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale, including products used for gardening or landscaping.

Occupancy, change of means a discontinuance of an existing use and the substitution thereof of a use of a different kind or class, or the expansion of a use.

Off-street parking space means a space of 180 square feet (nine feet by 20 feet) for the parking of an automobile, exclusive of access drives and aisles thereto. Handicap parking spaces shall be a minimum of 240 square feet (12 feet by 20 feet).

Open air business uses means business uses not conducted entirely within an enclosed building. Open air business uses shall include the following business uses:

(1)

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

(2)

Retail sale of fruit and vegetables.

(3)

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park and/or similar recreation uses.

(4)

Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale, rental or repair services.

(5)

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

Open steps means steps primarily used for safe access to a doorway, built to current building code requirements for step tread and step height specifications. In no case shall the step tread exceed 18 inches. The top step used for direct access to the door (the landing area) shall not be larger than 25 square feet.

Parking area, total means the actual parking area and the area of the access drives thereto.

Patio means an open unenclosed area usually constructed of aggregate materials, located on grade and used for outdoor leisure activities.

Pawnshop means a shop of a pawnbroker or one who lends money at interest in exchange for personal property left with him/ her as security.

Personal service establishment means an establishment where personal services are provided for profit and where the sale of goods is only accessory to the provisions of such services, including but not limited to the following: barber shops, beauty shops, tailor shops, laundry or dry cleaners, shoe repair shops, and similar types of uses.

Pet means a domesticated dog, cat, canary, parakeet, parrot, gerbil, hamster, guinea pig, turtle, fish, rabbit and similar animals.

Planned technology and research development district overlay (PTD) means an overlay district for the planned development of technology and research uses as provided for under division 11 of article IV of this chapter.

Porch, enclosed means a covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Porch, open means a covered entrance to a building or structure which is a maximum of 50 percent enclosed by walls and columns supporting the porch roof, and projects out from the main wall of such building or structure and has a separate roof or an integral roof with a principal building or structure to which it is attached.

Poultry means any of various breeds of birds long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man for meat and eggs, including chickens, ducks, geese, guinea fowl and turkeys, not including game fowl.

Premises means a lot with a building which functions as a single unit in certain respects, such as multiple tenant occupancy of one building, occupancy of more than one building on one lot; use of common entrances or off-street parking by more than one dwelling unit or use. A shopping center is an example of a premises.

Privacy screen means any unroofed manmade vertical structure intended and used as a visual barrier designed to inhibit observation of an area from off the lot.

Public utility means any person, municipal department or board duly authorized to furnish or furnishing under federal, state or municipal regulations a service which is of public consequence and need. The principal distinctive characteristic of a public utility is that of a service to or readiness to serve an indefinite public (or portion of a public as such), which has a legal right to demand and receive its services or commodities. Services or commodities for the purposes of this chapter include gas, electricity, steam, water, sewage, transportation, telephone, cable television and microwave and mobile phone communication.

Quarry excavation means any breaking of the ground to hollow out by cutting or digging or removing any soil matter, except common household gardening and general farm care.

Recreational vehicle means a boat, snowmobile, off-road vehicle, camper travel trailer, motor home, pick-up camper, trailer which is designed for private recreational or recreational travel use.

Residential occupant means any person, including an owner or operator, living and/or sleeping, and/or cooking, and/or eating in, or having actual possession of a dwelling unit or rooming unit.

Restaurants:

(1)

Dining room means a structure which is maintained, operated and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. Such food and beverage are served primarily in nondisposable (reusable by the restaurant) containers.

(2)

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

(3)

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

(4)

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

Retail establishment means a commercial establishment that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

Roadside stands means a temporary or permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family, and its use shall not make into a commercial district land which would otherwise be noncommercial, nor shall its used be deemed a commercial activity. Such stand, if of a permanent character, shall not be more than one story high nor larger than 20 feet by 20 feet, and must be set back from the nearest right-of-way line at least 25 feet.

Rubbish means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.

Satellite antenna means an accessory structure which at its widest dimension is in excess of 36 inches; an earth-based station, the purpose of which is to receive signals from orbiting satellites and other extraterrestrial sources, together with other equipment related to such purposes.

Separate ownership means ownership of a parcel of property wherein the owner does not own adjoining vacant property. Owner of a property may include dual or multiple ownership by a partnership, corporation or other group, provided that the owner of any number of contiguous lots of record for the purpose of this chapter as he so elects, and in such case the outside perimeter of such group of lots of record shall constitute the front, rear and side lot lines thereof.

Setback means the minimum horizontal distance required to exist between the nearest point of the structure and the defined lot line, with the following exceptions:

(1)

One fireplace or chimney, not more than eight feet in width, shall be permitted to project a maximum of 12 inches into the required side or rear yard setback; and

(2)

Cornices, eaves and gutters shall be permitted to project a maximum of 24 inches into the required setback.

Sidewalk means pedestrian or nonmotorized vehicular circulation routes built according to the standards of the city or other agency with right-of-way jurisdiction, as applicable.

Sidewalk sale means the temporary sale of goods outside of the building which normally encloses a business establishment. The purpose of such activity is generally to promote sales relating to a specific event or holiday.

Smoke shop means a retail establishment where 50 percent or more of the retail area, defined as wall to wall, is used for the display, promotion, sale or use of products listed below; or an establishment where the sale of products listed below constitutes greater than 50 percent of the establishment's merchandise:

(1)

Cigarettes, e-cigarettes, vapor, nicotine/alternative nicotine products, cigars, and packaged tobacco;

(2)

Tobacco smoking and e-cigarette paraphernalia products, including, but not limited to: Pipes for smoking tobacco and nicotine products, cigarette holders, pens and electronic devices used for smoking tobacco, vape, and other nicotine or alternative nicotine products, and cigarette rolling papers.

(3)

Alternative nicotine product means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, inhaled or ingested by any other means.

(4)

Nicotine product means a product that does not contain tobacco, but delivers nicotine, including vapor products, and other nicotine delivery methods and devices.

(5)

Tobacco product means a product that contains tobacco and is intended for human consumption including, but not limited to, cigarettes, cigars, non-cigarette smoking tobacco, chewing tobacco, tobacco snuff or smokeless tobacco as those terms are defined in Section 2 of the Tobacco Products Tax Act, 1993 PA 327, MCL 205.422.

(6)

Vapor product means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electric, chemical, or mechanical means regardless of shape or size that can be used to produce vapor from nicotine in a solution or other form. Vapor products include, but are not limited to, an electronic cigarette (E-cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette (E-cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

Soil removal means removal of any kind of soil or earth matter, including topsoil, sand gravel, clay or similar materials, or combination thereof, except common household gardening and general farm care.

Stable, public means a use for the breeding, rearing and housing of more than two horses, ponies and similar animals, and including riding academies and stables to which the public is admitted for a fee to ride and/or board horses.

State equalized valuation means the value shown on the city assessment roll as equalized through the process of state and county equalization.

State licensed residential facility. The following types of facilities are included in this definition:

(1)

Adult foster care facility.

(2)

Adult foster care family home.

(3)

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

(4)

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

(5)

Child caring institution means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates through out the year. An educational program mayor may not be provided. Child caring instructions includes a maternity home for the care of unmarried mothers who are minors and an agency group home, that is described as a small child caring institution owned, leased, or rented by a licensed agency providing care for more than four but less than thirteen (13) minor children. Child caring institutions also includes institutions for mentally retarded or emotionally disturbed minor children. This definition is subject to the exclusions of MCL 722.111(b).

(6)

Child care center or day care center means a facility, other than a private residence, receiving one or more preschool or school-aged children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care centers or day care centers include facilities that provide 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, play group, before-or after-school program, or drop-in center. This definition is subject to the exclusions of MCL 722.111(e).

(7)

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

(8)

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

(9)

Foster family group home means a private home licenses by the Michigan Department of Social Services 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 given care and supervision 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.

(10)

Group day care home means a private home in which more than six but not more than twelve 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 household by blood, marriage, or adoption.

Story means that portion of a building included between the upper surface of any floor, and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area to at least 50 percent of the usable floor area of the floor immediately below it. A top floor area under a sloping roof with less than 50 percent of the usable floor area is a half story. A walkout basement is a half story. The first story shall be considered the lowest story of which the ceiling is more than four feet above the average contact ground level finished or final grade at the exterior walls of the building. (See Height, Building, Basement walkout, and Story, half.)

Story, half means the part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed 50 percent or less than the floor area below it. That part of a building which is a walkout basement. (See definition of "Story, Height, Building," and illustration entitled "Basic Structural Terms.")

Street means a public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfares, except an alley.

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls, or partitions, column beams or girders, or any change in the width or number of exits, or any substantial change in the roof.

Structure means anything constructed or erected which requires permanent rather than mobile location on the ground or attachment to something having such location.

Structure, outdoor advertising means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign or billboard may be placed, including outdoor advertising statuary.

Swimming pool means any nonportable structure, or portable container, either above or below grade, located either in part or wholly outside a permanent enclosed and roofed building, designed to hold water to a depth greater than 12 inches, when filled to capacity, intended for immersion of the human body, either for swimming or wading or both. A pond created by the excavation of an earthen pit shall not be considered a swimming pool.

Tattoo establishment means any facility that provides, as its principle function, the service of providing a tattoo, an indelible mark or figure fixed upon the body by insertion of pigment, or dye under the skin, or by the production of scars.

Temporary building and use means a structure or use permitted by the board of zoning appeals to exist during periods of construction of a use, for special events or for other uses which have a limited duration, not to exceed one year.

Tent means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground, and shall not include those types of tents used solely for children's recreational purposes.

Toxic or hazardous materials means materials including waste or a combination of waste and other discarded material including solid, liquid, semisolid or contained gaseous material which because of its quality; concentration; or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or increase in serious irreversible illness or serious incapacitation, but reversible illness, or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.

Trailer, recreational means a portable vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging, but which does not exceed eight feet in width or 25 feet in length. This term also includes folding campers and truck-mounted campers but not mobile homes.

Use means the purpose for which a lot or premises or a building thereon is designed, arranged or intended, or for which it is occupied, or maintained, let or leased.

Utility room means a room in a dwelling, not located in the basement, the use of which is primarily for storage or for housing a heating unit, or for laundry purposes.

Variance means a modification of the literal provisions of this chapter that is granted when strict enforcement would cause undue hardship or practical difficulties owing to circumstances unique to the individual property on which the variance is granted. Hardships or practical difficulties based solely on economic consideration shall not be a basis for granting a variance.

Vehicle storage, indoor means a private facility used for the storage of operable passenger vehicles of less than 10,000 pounds gross vehicle weight only within an enclosed building.

Wall, retaining means a structural mass which is designed and used to resist lateral pressures of soil behind it and is designed to be safely supported by soil beneath it.

Yard means an open space of a width or depth on the same lot with a building or group of buildings, which open space lies between the nearest point of a building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except for overhanging eaves and gutters which project less than 24 inches into a required yard.

Yard, front means a yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the defined front lot line and the nearest point of the structure. (See illustration entitled "yard terms".)

Yard, rear means a yard extending across 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 structure. For the purposes of this chapter, lake lots will not have a rear yard.

Yard, side means a yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.

(Ord. No. 54A, § 3.01, 11-11-1987; Ord. No. 201, § 1, 5-9-1990; Ord. No. 217, § 1, 3-13-1991; Ord. No. 219A, § 1, 2-12-1992; Ord. No. 222, §§ 1, 2, 7-14-1993; Ord. No. 226, § 1, 2-9-1994; Ord. No. 250, §§ 1—5, 1-13-1999; Ord. No. 251, §1, 3-8-2000; Ord. No. 255, § 1, 12-6-2000; Ord. No. 266, § 1, 3-10-2004; Ord. No. 271, § 1, 7-13-2005; Ord. No. 277, § 1, 8-2-2006; Ord. No. 284, § 1, 4-11-2007; Ord. No. 347, § 1, 10-16-2019; Ord. No. 355, §§ 1, 2, 3-10-2021; Ord. No. 363, § 1, 6-28-2023; Ord. No. 369, § 1, 6-12-2024; Ord. No. 372, § 1, 7-31-2024; Ord. No. 375, §§ 1, 2, 3-12-2025)

Cross reference— Definitions generally, § 1-2.

(a)

No change of use shall be made and no structure shall be constructed, erected, placed or continued and no land redeveloped or use commenced, expanded or continued within the city except as specifically, or by necessary implication, authorized by this chapter.

(b)

Land uses are permitted specifically in the various zoning districts of this chapter. Where not specifically permitted, uses are thereby specifically prohibited unless construed to be similar to a use expressly permitted by the zoning board of appeals. No land contained within any zoning district within the city shall be used for any purpose other than those uses specifically set forth in the following sections, except as permitted by article II, division 4 of this chapter.

(c)

No portion of a lot used in or necessary for compliance with the provisions of this chapter shall through sale or otherwise be reduced beyond such minimums or again be used to satisfy the zoning requirements of another lot.

(d)

Except as otherwise provided in this chapter, no structure or land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved or altered except in conformity with the regulations specified in this chapter for the zone district in which the structure or land is located.

(e)

Except as otherwise provided in this chapter, regulations governing land and building use are hereby established as shown in this chapter. Uses permitted in each district after special approval shall be permitted only in accordance with the special approval standards and procedures of this chapter.

(Ord. No. 54A, §§ 4.02, 4.05, 4.06, 16.03, 16.05, 11-11-1987)

(a)

Generally. Any person failing to comply with any of the provisions of this chapter, including failure to comply with any of the conditions or safeguards established or imposed in connection with site plan approval, special approval of principal permitted uses or the grant of a zoning variance, shall be deemed in violation of this chapter.

(b)

Violation of a civil infraction. Any person, firm, or corporation determined to have been in violation of the provisions of this chapter shall be responsible for a municipal civil infraction and subject to the provisions of chapter 1, section 1-7 of the Sylvan Lake City Code.

(c)

Other rights or remedies not affected. The rights and remedies provided in this chapter are cumulative and shall be deemed to be in addition to, and shall not adversely effect, any and all other rights and remedies provided by law.

(d)

Rights and remedies preserved, no waiver. Any failure or omission to enforce the provisions of this chapter, and any failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law, and shall not constitute a waiver of nor prevent any further prosecution of violations of this chapter.

(e)

Public nuisance. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the effective date of the ordinance from which this chapter is derived and in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se. The board of appeals, any person designated by the city council or any aggrieved person may institute a suit in a court of law to have the nuisance abated.

(Ord. No. 54A, §§ 21.01, 21.02, 11-11-1987; Ord. No. 354, Pt. I, 3-10-2021)

State Law reference— Violations declared nuisance, MCL 125.587.