Vicksburg City Zoning Code

A subordinate building, the use of which is clearly incidental to that of the main building or the use of the land.

Any business or establishment primarily engaged in the sale, rental, exhibition, or display of materials, performances, or services that are characterized by an emphasis on nudity, sexual activity, or sexually explicit content.

Any change, addition, or modification in construction or type of occupancy, and any change 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 chapter as "altered" or "reconstructed."

The property owner, or a person acting with the written and signed authorization of the property owner to make application under this chapter.

A flood having a 1% chance of being equaled or exceeded in any given year. Also known as a 100-year flood.

That portion of a building which is partly or wholly below grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling. A basement will not be counted as a story, except in the instance of a split-level dwelling unit.

A private, owner-occupied residence in which guest rooms are made available for lodging, and in which a morning meal is provided to overnight guests.

A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

A berm is a raised mound or ridge of earth, often landscaped, used to provide screening, noise reduction, drainage control, or visual interest.

A block includes the property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way.

A brewery that produces less than 30,000 barrels of beer or ale per year, as allowed by state law. A brewpub/microbrewery/distillery may include retail sales and a restaurant, bar, or tap-room where permitted in the zoning district.

The buildable area of a lot is the space remaining after the minimum open space requirements of the Ordinance have been complied with.

A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels in a building. This includes tents, awnings, or vehicles situated on private property and used for purposes of a building. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on a terrace, the height may be measured from the average ground level of the terrace at the building wall.

A line formed by the face of the building and for the purposes of this chapter, a building line is the same as front setback line.

The source of electric light (to be distinguished from the whole assembly, which is called the luminaire). "Lamp" is often used to denote the bulb and its housing.

The term used to indicate the size and setbacks of buildings and structures, including standards for the height and area of buildings; the location of exterior walls in relation to the lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and the amount of lot area required for each dwelling unit.

A unit of luminous intensity. One candela is one lumen per steradian. Also known as one candlepower.

Land intended for the burial of multiple deceased humans (or of pets, within pet cemeteries). Cemeteries may include a columbarium and/or mausoleum.

The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the intent to reduce the total number of structures required to support wireless communication antennas in the Village.

An occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee, or licensee.

An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building. A condominium may include, in addition, a separate interest in other portions of such real property.

A site used by a construction, landscaping, or similar contractor for the storage of vehicles, equipment, tools, and construction materials, and may include incidental office space, workshops, and dispatch facilities.

The entrance to or exit from a property provided for vehicular traffic to or from a public or private road or highway.

A platform structure, customarily constructed of wood, higher than 18 inches above the mean yard grade.

The number of families residing on, or dwelling units developed on, an acre of land. As used in this chapter, all densities are stated in families or dwelling units per gross acre, that is, per acre of land devoted to residential use, including land in streets, alleys, parks, playgrounds, school yards or other public lands and open spaces donated or dedicated by the developer.

Means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

A portion of the unincorporated part of the Village within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

A donation bin is a closed container, typically constructed of metal, in which clothing, shoes, books, and/or other goods are placed by the public to be donated to charitable organizations or for recycling in other ways.

A private lane, designed primarily for use by vehicles, which connects a house, garage, or other buildings with the road.

Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by a single family.

The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

A facility, whether publicly or privately operated, that provides academic, technical, or vocational instruction at the primary, secondary, or post-secondary level. This includes schools, colleges, universities, and similar institutions, and may include accessory uses such as dormitories, administrative offices, athletic facilities, and assembly spaces.

The Enforcement Official is the person or persons designated by the Village as being responsible for enforcing and administering requirements of this Zoning Ordinance. Throughout this chapter the Enforcement Official may be referred to as the Zoning Administrator, Zoning Administrator, Public Safety official, or their agents. Such titles do not necessarily refer to a specific individual, but generally the office or department most commonly associated with the administration of the regulation being referenced.

Built, constructed, altered, reconstructed, moved upon, or any physical operation on the premises which is required for the construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

The erection, construction, alteration, or maintenance by public, utilities, or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including towers, poles, wires, main, drain, sewers, pipes, conduits, cables, fire alarm, and police call boxes, traffic signals, hydrants, and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare. Essential services shall not include: solar facilities; wind energy facilities; battery energy storage systems (BESS).

The removal or movement of soil, sand, stone, gravel, or fill dirt, except for common household gardening, farming, and general ground care.

An exception is a use permitted only after review of an application by the Planning Commission, such review being necessary because the provisions of this chapter covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by this chapter.

A domestic family which is one or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit; or the functional equivalent of a domestic family, which is a collective number of individuals living together in one house under one head, cooking as a single housekeeping unit, whose relationship is of a permanent and distinct domestic character, being the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie, or organization, which is not a recognized religious order, nor does it include a group of individuals whose association is temporary, limited or seasonal in character or nature.

The term "farm" shall have definition given to it in the Michigan Right to Farm Act. At the time of the adoption of this chapter, that definition was as follows: The land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.

An artificially constructed barrier of wood, wire, metal, or any other manufactured material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary. Plant material shall always be considered landscaping, not a fence.

The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

An establishment in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange.

Any land area susceptible to being inundated by water from any source.

For the purpose of computing minimum allowable floor area in a residential dwelling unit, floor area is the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls. The floor area measurement is exclusive of the areas of basements, unfinished attics, attached garages, breezeways, unenclosed porches, or enclosed porches.

The ratio of the floor area of a building to the area of the lot on which the building is located. The ratio is calculated by dividing the total floor area by the total lot area, both areas being in the same unit of measure, and expressing the quotient as a decimal number.

Illuminance produced on a surface one foot from a uniform point source of one candela or when one lumen is distributed into an area of one square foot.

All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of a deadened street, or Village boundary measured along the street line.

An establishment where the dead are prepared for burial or cremation.

A space used for the creation, display, and/or sale of art, including visual, performance, or digital media. This use may include working studios for artists, exhibition areas, and limited retail sales of artwork or related items.

A temporary retail use located on a lot otherwise used for residential purposes.

Means rejected food wastes, including waste accumulation of animals, fruit, or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable.

A recreational facility designed for playing golf, typically consisting of multiple holes with tees, fairways, and greens, and may include related accessory uses.

Grade is the highest point of ground contacting any portion of the basement or foundation of a dwelling.

Any activity which is or may become injurious to public health, safety, or welfare or the environment. Hazardous uses include but are not limited to all uses which involve the storage, sale, manufacture, or processing of materials which are dangerous or combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in the State Building Code, as amended.

Is an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes. Such home occupation shall not have more than one person outside of the family employed therein. The use of a single-family residence by an occupant for instruction in a craft or fine art within the residence shall be deemed to be a home occupation. Home occupations include but are not limited to professional offices for doctors, dentists, architects, planners, or others providing a service, and provided said uses are not in conflict with the overall residential character of the area and not contrary to the intent of the Ordinance.

A building containing rooms intended and designed to be occupied, or which are occupied, rented, or hired out, for sleeping purposes by guests with staff on-site.

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limestone, rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

As used in this chapter, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

Any motor vehicles, machinery, appliances, products, 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 that the product was manufactured.

Any building or buildings and/or land used, designed, or arranged for the boarding, breeding, or care of three or more dogs, cats, pets, fowl, or other domestic animals for profit, not including those animals raised for agricultural purposes.

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

A tract 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 chapter. A lot may or may not be specifically designated as such on public records.

The lines bordering a lot, as defined herein, shall be as follows:

A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Kalamazoo County Register of Deeds and Village Treasurer, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor registered and licensed in the State of Michigan and is recorded with the Kalamazoo County Register of Deeds and Village Treasurer.

The horizontal distance between the side lot lines, measured along the front building line.

A facility where mechanical parts are manufactured, repaired, or modified using tools such as lathes, mills, grinders, or CNC machines. Typical operations include metalworking, machining, fabrication, and assembly of components.

A mass produced structure (prefabricated, modular, or mobile home) transportable in one or more sections, which may be built on a chassis, and is designed to be used as a dwelling unit with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. For the purpose of this chapter, a manufactured home does not include a recreational vehicle.

Any parcel or tract of land under the control of any person, upon which three or more Mobile Homes are located on a continual basis, or which is offered to the public for that purpose.

An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resin, etc.

The most recent Master Plan document adopted by the Village Council, in accordance with the Michigan Planning Enabling Act.

Village of Vicksburg, Kalamazoo County, Michigan.

Any permanent institution for the collection and display of objects of art, science, history, or other related fields.

Natural resources shall include land, soils, wetlands, floodplains, surface and ground water, topography, trees and other types of vegetative cover, subsurface strata, geologic formations, animal life, and naturally occurring substances and living organisms that can be useful to people. Natural resources are of two types: renewable (e.g., plants and trees) and nonrenewable (e.g., mineral resources). Natural resources may also be referred to as 'natural features' in this chapter.

Any structure, lot, or use that does not conform at the time of adoption of this chapter or any amendment thereto, to the regulations for the district in which it is located.

Any offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or recurrent invasion of any physical characteristics or activity or use across a property line which affects or can be perceived by a human being. The generation of excessive or concentrated amounts of noise, dust, smoke, odor, glare, fumes, vibration, flashes, shockwaves, heat, electronic or atomic radiation, objectionable effluent; crowd noise, excessive pedestrian and vehicular traffic, unwarranted occupancy or trespass.

A discontinuance of an existing use, as defined by the Michigan Building Code, and the substitution of a use of a different kind or class, or, the expansion of a use.

The act of using a parcel of land or the buildings, structures, or dwellings situated thereon for any use whatsoever.

Any commercial land use where goods and services are primarily displayed outdoors and not within a fully enclosed structure. This definition includes, but is not limited to, the sale of outdoor produce and perishable foodstuffs, landscaping and planting materials, yard equipment and structures, and recreational establishments where the activities are conducted outdoors. This definition applies to all uses where goods and services are displayed and interfaced with outdoors, regardless of whether the transactions for such activities are conducted indoors or outdoors.

Any area (open to the sky) on a lot not covered by a principal or accessory building.

Open space that is accessible to a majority of residents in a development for recreation or leisure activities. Examples of usable open space include, but are not limited to, open fields and woodlands. Swamps or marshes are not generally considered usable open space, except as specifically exempted elsewhere in this chapter.

"Ordinary High Water Mark," as used in this chapter, shall have the definition given to it by the State of Michigan for the body of water in question.

A continuous area, tract, or acreage of land that has not been subdivided according to the provisions of the Subdivision Control Act and that has frontage on a public or private street.

An area on private property that provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than three vehicles.

An area of definite length and width for the parking of one vehicle only, said area to be exclusive of drives, aisles, or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

A test designed to determine the ability of ground to absorb water, and used to determine the suitability of a soil for drainage or for the use of a septic system.

A financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed in compliance with the Ordinance, regulations, and approved plans and specifications of the development.

An establishment or a place of business primarily engaged in the provision of services of a personal nature, which are usually but not always recurrent in nature.

Pavement (including concrete or asphalt) with a base and/or sub-base that allows the movement of stormwater through the pavement to reduce water runoff.

A surface that permits full or partial absorption of storm water, including but not limited to grass, dirt, mulch, gravel, decks with space between the slats, and pervious pavers.

Any building, structure, or outdoor space, whether publicly or privately owned, that is designed, intended, or regularly used for the congregation of people for civic, cultural, educational, religious, recreational, political, social, or entertainment purposes.

The Planning Commission of Village of Vicksburg.

The division of a tract of land for the purpose of sale, lease or building development, in accordance with Subdivision Control Act, Michigan Public Act 288 of 1967, as amended, or any successor thereto, and subdivision control regulations as may be adopted by the Village.

A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and all salient features required to adequately evaluate whether the approvals sought by an applicant are in compliance with this chapter.

A low-lying area that is designed to temporarily hold a set amount of water while slowly draining to another location.

A low-lying area that is designed to hold a set amount of water indefinitely.

A raised platform with or without railings and covered by a roof, which is attached to a building but is outside of its enclosing walls. A porch without a roof is considered a "deck" for the purposes of this chapter.

A commercial use for the provision of services to customers or for administrative duties to an organization or business. The term professional office does not include medical offices, government/public offices, financial institutions, research and development facilities, nor buildings dedicated to educational purposes.

The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from adjacent parcels. See also "lot line."

Public Safety Official refers generally to the departments or persons who perform police, fire fighting, and other public safety functions for the Village.

Any person, firm or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public; gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

Includes the surface, whatever is attached to the surface (such as buildings or trees), whatever is beneath the surface (such as minerals), and the area above the surface, i.e., the sky.

An apparatus installed out-of-doors which is capable of receiving communications for radio and/or television purposes, including satellite reception antennas, but excluding such facilities that have been preempted from Village regulation by applicable state or federal laws or regulations.

A vehicle designed and intended for temporary occupancy during leisure time/recreation activities, either self-propelled or designed to be carried on the chassis of another vehicle or pulled by another vehicle. Such unit shall not exceed eight feet in width and shall not be designed or intended for full-time residential occupancy. The term recreational vehicles shall include, among others, such commonly named vehicles as travel trailer, travel camper, pickup camper, tent camper, and motor home.

Means a primary caregiver who has been issued a current registry identification card under the MMMA.

Means a qualifying patient who has been issued a current registry identification card under the MMMA.

Means that term as defined in Section 3 of the MMMA.

An establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state.

A commercial establishment that sells goods or merchandise to the public on-site. Examples include but are not limited to: convenience/beverage stores, clothing/shoe/accessory stores, book/music/video/electronics stores, hardware stores, and art galleries with art for sale.

The amendment of this chapter to change the Zoning Map classification on property from its existing district to a new district classification.

The strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.

A public thoroughfare which affords the principal means of access to abutting property.

The top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections.

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, equal to at least 80 square feet in area. 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.

A trailer, which may or may not be enclosed, having wheels generally only at the rear and supported in front by a truck tractor or towing vehicle.

The minimum horizontal distance required to exist between the front line of the building (excluding steps or unenclosed porches) and the right-of-way.

Any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located.

The distance from the grade at the bottom of a sign to the upper-most point of the sign. If the sign is located on a berm, the height of the berm is be included in the height of the sign.

An occurrence or noteworthy happening of seasonal, civic, or church importance, which is organized and sponsored by a non-profit Village of Vicksburg community group, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

A use that would be detrimental to other uses permitted in the same zoning district and/or adjacent properties and/or adjacent transportation networks unless carefully controlled as to number, area, size, exterior design, and location or relation to adjacent properties and to the neighborhood.

Any beverage that contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, including wine containing an alcoholic content of more than 21% by volume, except for sacramental wine and mixed spirit drink.

Is the 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. A story thus defined shall not be counted as a story when more than 50% by cubic content is below the height level of the adjoining ground.

Is an uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor does not exceed two-thirds of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven feet six inches.

See "road."

A dividing line between the street and a lot, also known as the right-of-way line.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennae, swimming pools, and signs. Not all structures shall be considered impervious surface - see definition of "surface, permeable." A simple concrete pad, including, but not limited to, a sidewalk or driveway, shall not be considered a structure.

Any permanent, non-portable structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing.

A use or building permitted to exist for a limited period of time under conditions and procedures as provided for in this chapter.

Any light fixture that has the appearance of a "tube" of light, including neon, LED, fluorescent, or other lighting types. This definition shall not include words or images made up of tubes of light.

The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.

A modification of the literal provisions of the Zoning Ordinance granted by the Zoning Board of Appeals when strict enforcement of the Zoning Ordinance would cause practical difficulties owing to circumstances unique to the individual property on which the variance is granted.

Unless specifically indicated otherwise, "vehicle" means any vehicle, including, by way of example, cars, trucks, vans, motorcycles, boats, and the like.

Any person or persons engaging temporarily in the retail sale of goods, wares, or merchandise involving the display, sale, offering for sale, offering to give away, or giving away of anything of value, including any food, beverage, goods, wares, merchandise, or services.

An establishment providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds.

Village of Vicksburg, Kalamazoo County, Michigan.

The President and Council members of Village of Vicksburg, Kalamazoo County, Michigan.

A large building where raw materials or manufactured goods may be stored before their export or distribution for sale.

Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and which is commonly referred to as a bog, swamp, or marsh. A wetland is further characterized by the presence of hydric soils and prevalence of aquatic vegetation (hydrophytes) typically adapted for life in saturated soil conditions. A wetland that exhibits these characteristics may be dry on the surface during part or all of the year.

The sale and/or distribution, but not manufacture or production, including automobile equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishings, lumber and building products.

A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from the ground upward, except as provided otherwise in this chapter.