- DEFINITIONS
A way open to public travel intended for secondary access to premises and not less than eighteen (18) feet wide, but not more than thirty (30) feet wide.
That portion of a building that is partly or completely below grade.
(Ord. No. 30-1082, § 1, 8-13-24)
A boarding or rooming house shall be construed to mean any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein or therewith cooking or kitchen accommodations.
References throughout this ordinance to the Building Department shall mean the Division of Building and Safety Engineering, and the Director of Public Service or any of his duly appointed representatives, including the Building Director or any of his subordinate officers or employees.
(Ord. No. 30-994, § 1, 12-13-11)
Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of any person, animal, chattel or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for purposes of a building.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A subordinate building or structure on the same lot, or part of the main building, occupied by or devoted exclusively to an accessory use.
The front line of the building or the legally established line which determines the location of the building with respect to the street line.
A partially open shelter or structure for housing of vehicles. Such structures shall comply with all yard requirements applicable to garages.
A court is an open unoccupied space other than a yard, and bounded on at least two sides by a building. A COURT extending to the front lot line or front yard, or to a rear lot line or rear yard is an OUTER COURT. Any other court is an INNER COURT.
Any section of the incorporated parts of the City of Warren for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
A building, or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.
A building designed for and occupied by one (1) family, and so designated and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one (1) family only.
A building designed for and occupied by two (2) families, and so designated and arranged as to provide cooking and kitchen accommodations and sanitary facilities for each of the two (2) families only.
A building or portion thereof, designed for occupancy by three (3) or more families living independently of each other and having separate cooking and kitchen accommodations and sanitary facilities.
A dwelling unit consisting of not more than two (2) rooms in addition to kitchen and necessary sanitary facilities.
The phrase "essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam, or water transmissions or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.
A family is any number of persons living together in a dwelling comprising a single nonprofit housekeeping unit and related by blood, marriage, adoption, domestic partnership. A family shall include not more than three (3) persons not so related occupying a dwelling and living as a single nonprofit housekeeping unit. With the exceptions of domestic employees and of any individual with a disability as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
(Ord. No. 30-1036, § 1, 4-24-18)
A farm is a platted or unplatted parcel of land not less than three (3) acres.
Floor area shall mean the total gross floor area, as measured to the outside surfaces of exterior walls, but not including the following spaces: crawl spaces, unfinished and non-habitable portions of the basement and attics, garages and open porches, balconies and terraces.
A community garage is a structure, or a series of structures, for the storage of motor vehicles, having no public shop or services in connection therewith, and separated into compartments or sections with separate vehicular entrances, for the use of two or more owners or occupants of property in the vicinity.
All such garages intended to accommodate more than four (4) vehicles shall first receive the approval of the Board of Appeals.
A private garage is a structure for the storage of not more than a number of vehicles as may be required in connection with the permitted use of the principal building.
A public garage is a structure, other than a private or community garage, for the storage, care, repair or refinishing of motor vehicles, except that a structure or room used solely for the display and sale of such vehicles in which they are not operated under their own power, and in connection with which there is no repair, maintenance, or refinishing service or storage of vehicles other than those displayed, shall not be considered a garage for the purpose of this Ordinance.
A gasoline service station is a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including space for facilities for storage, repair, bumping, painting and refinishing.
The elevation of the curb at the midpoint of the front of the lot or tract, as established by the Director of Public Service.
(a)
An eight (8) foot greenbelt shall be a solid planting strip composed of evergreen trees spaced not more than twenty (20) feet apart and not less than one (1) row of evergreen shrubs, spaced not more than five (5) feet apart and which are at least five (5) feet or more in height after one (1) full growing season after planting, and which shall be planted and maintained in a healthy growing condition by either the occupant or owner of the property.
(b)
A twenty (20) foot greenbelt shall be a planting strip composed of two (2) rows of evergreen trees, spaced alternately at not more than twenty (20) feet apart and not less than three (3) rows of evergreen shrubs, spaced at not more than eight (8) feet apart and which are at least five (5) feet or more in height after one (1) full growing season after planting, and which shrubs will eventually grow to a height of not less than twelve (12) feet at maturity, and which shall be planted and maintained in a healthy growing condition by either the occupant or owner of the property.
A decorative masonry wall, not more than six (6) feet in height and not less than eight (8) inches in thickness may be substituted for either of the above greenbelts, upon approval of the Planning Director, and shall be maintained in an attractive condition and structurally sound.
(c)
The occupant or owner shall maintain greenbelt in an attractive well-trimmed condition at all times, and free from litter, refuse and weeds.
(Ord. No. 30-227, § 1, 11-22-66; Ord. No. 30-998, § 1, 7-9-13)
A residential development involving the ultimate construction of two (2) family dwellings or multiple-family or combination of multiple and two (2) or one (1) family dwellings, on a lot, parcel or tract of land, or on a combination of lots under one ownership.
The vertical distance from the ground level adjoining the building to the highest point on the roof surface in the case of a flat roof, to the deck line for mansard roofs, to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Any occupation or profession carried on only by a member of a family, residing on the premises, in connection with which there is used no sign other than one (1) non-illuminated name plate attached to the building entrance which is not more than one (1) square foot in area; provided that:
(a)
No commodity is sold upon the premises;
(b)
No person is regularly employed for commercial purposes other than a member of the immediate family, residing on the same premises;
(c)
No mechanical equipment is used except such as is normally used for domestic or household purposes, but this shall not include the office of a veterinarian;
(d)
No more than twenty-five (25) percent of the total floor area is to be used for home occupation.
A building containing twenty-five (25) or more apartments, each composed of bedroom, bathroom, and closet space, but without cooking facilities, with the exception of the units occupied by the management staff, the apartment units being used for the accommodation of transient guests and no cooking being permitted therein, and containing a public dining room for the accommodation of at least twenty-five (25) guests, and a general kitchen.
A kennel shall be considered a lot or premises at which three (3) or more dogs are kept either permanently or temporarily.
A parcel of land separated from other parcels or portions by descriptions as in a subdivision or on a record survey map or by metes and bounds for purpose of sale, lease, or separate use and undivided by any street and occupied by, or designated to be developed for, one (1) building or principal use and the accessory buildings or uses customarily incidental to such building, use or development include such open spaces and yards as are designed and arranged or required by this ordinance for such building, use or development.
(Ord. No. 30-726, § 1, 9-23-86)
A corner lot is a lot of which at least two (2) adjacent sides abut for their full length upon a street.
Double frontage lot is a parcel of land which extends from one street to another street.
An interior lot is a lot other than a corner lot.
The line abutting a street. On a corner lot the shorter street line shall be considered the front lot line. Where new street lines are established by Ordinance on the Master Thoroughfare Plan of the City of Warren, such lines shall be the front lot line.
The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line not less than ten (10) feet long, lying most distant from the front line and wholly within the lot.
A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.
The perpendicular distance between the front and rear lines, measured along the median between the side lot lines.
The horizontal distance between the side lot lines measured at the two points where the building line, or setback, intersects the side lot lines.
A parcel of land, the dimensions of which are shown in a recorded plat on file with the County Register of Deeds, or any parcel which has been created in accordance with the provisions of the Plat Act [MCL 560.101 et seq.], and which has been assigned a parcel number by the Land File Division of the Macomb County Treasurer's Office and the description for which is on file with the City Assessor's Office.
(Ord. No. 30-726, § 2, 9-23-86)
A mobile home or trailer coach park refers to any site, lot, field, or tract of land upon which three (3) or more occupied mobile homes or trailer coaches are harbored, either free of charge or for revenue purposes, and shall include any building structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home or trailer coach park.
A motel or motor court is a business comprising of a series of attached, semi-detached or detached rental units for the overnight accommodation of transient guests, each unit containing bedroom, bathroom and closet space, but no kitchen or cooking facilities, with the exception of units for use of the manager and/or caretaker.
An occupied mobile home or trailer coach refers to any mobile home or trailer coach located on a site within the mobile home park when such mobile home is connected to any park facility such as a sewerage collection system, water or electrical distribution system.
An outlot is a parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.
An area surfaced by use of either bituminous, oil aggregate, stabilized gravel or equivalent, enclosed or unenclosed, not less than nine (9) feet wide by twenty (20) feet long, except as regulated by Section 4.32 (i) of this Ordinance.
(Ord. No. 30-457, § 2, 2-12-74)
Any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing to the public, under municipal regulations, electricity, gas, steam, telephone, telegraph, transportation or water.
The word soil as used herein shall be topsoil, subsoil, sand[,] gravel, muck or any other type of natural earthy material.
That portion of a building included between the surface of any floor and the surface of the floor next above, or if there should be no floor above, then the space between the surface of any floor and the ceiling next above.
A basement shall be considered a story if the distance from the building grade line to the ceiling is equal to or greater than the distance from the building grade line to the floor or if its ceiling is over five (5) feet above the average established grade, or if it is used for business purposes by other than a janitor or domestic servant in the same building.
(Ord. No. 30-127, § 1, 7-14-64; Ord. No. 30-131, § 1, 7-14-64)
A half story is an uppermost story lying under a sloping roof, the usable floor area of which does not exceed seventy-five (75) percent of the floor area of the story immediately below it, and not used, or designed, arranged or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling.
Tri-level and quad-level buildings shall be considered one and one-half (1½) stories if the lower floor area is considered a story as in Section 2.49.
Bi-level shall be considered two (2) stories, if one of the lower floor areas is considered a story as in Section 2.49.
A street is any thoroughfare or way, other than public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace, or any similar designation, or a private street open to restricted travel at least thirty (30) feet in width.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
A dwelling furnishing over-night sleeping quarters to transient guests, containing not more than three (3) guest bedrooms.
A vehicle with or without its own motive power, equipped for or used for living purposes and mounted on wheels or designed to be so mounted and transported.
A utility room, or space, is a room or space located other than in the basement, specifically designed and constructed to house any home utilities such as the heating unit and laundry facilities.
The purpose for which land or buildings thereon are designed, arranged, or intended to be occupied or used, or for which they are occupied or maintained.
A use normally incidental to, and subordinate to, the principal use of the premises.
A front yard is an open space extending the full width of an interior lot and/or full length of all sides bordering upon a street or streets of a corner lot and of a uniform depth measured horizontally at right angles to the street lot line, unoccupied from the ground upward, except as hereinafter specified.
A year [rear] yard is an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the rear lot line and unoccupied from the ground upward, except as hereinafter specified.
A side yard is an open space, extending from the front yard to the year [rear] yard, and of a uniform width measured horizontally at right angles to the side lot line and unoccupied from the ground upward, except as hereinafter specified.
The display and sale of products and services on a lot outside of a building including products and services that are displayed year round and those such as Christmas trees and flowers that are displayed and sold on a temporary or seasonal basis, excluding garages sales that are otherwise regulated in this Ordinance.
(Ord. No. 30-283, § 1, 6-25-68; Ord. No. 30-835, § 1, 2-22-94; Ord. No. 30-858, § 1, 2-13-96)
A driveway shall be hardsurfaced access connecting such parking space with a street or alley and permitting ingress and egress of a motor vehicle.
(Ord. No. 30-457, § 3, 2-12-74)
Coin-operated amusement machine and/or device establishments shall be defined as a place of business that has in operation an excess of five (5) coin-operated machines and/or devices.
(Ord. No. 30-462, § 1(2.63), 7-9-74)
A coin-operated amusement machine and/or device means a ski-ball machine, air-hockey machine, motion picture machine, shuffleboard, miniature pool table, or any other similar machine, instrument, or contrivance which may be operated or set in motion upon the insertion of a coin, or under normal use is designed to have a coin; however, in lieu of said coin, the proprietor charges a flat rate to use said device.
(Ord. No. 30-462, § 1(2.64), 7-9-74)
A residential building containing eight (8) or more dwelling units specially designed for the use and occupancy of any person married or single, who is sixty-two (62) years of age or over. Such building shall not contain equipment for surgical care or for the treatment of disease or injury, other than for emergency first-aid care. Such building shall be:
(1)
Owned by the City of Warren and administered by the Warren Housing Commission in accordance with Warren Code of Ordinances, Chapter 4, Section 10-41, et seq.; or,
(2)
Constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of municipal, State or Federal governmental agencies, and is constructed and maintained on a non-profit basis by a charitable organization which is organized pursuant to the provisions of the Michigan's General Corporation Act (P.A. 1931 No. 327) [3].
(Ord. No. 30-469, § 1, 9-24-74)
Editor's note— This act has been repealed. Refer now to the Business Corporation Act, P.A. 284 of 1972 (MCL 450.1101 et seq.).
Medical Clinic shall mean any facility providing physical or mental health service or medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical clinic includes health center, health clinic, and doctors' offices.
(Ord. No. 30-538, § 1, 6-14-77)
A group of commercial establishments, planned, developed, owned and managed as a unit related in location, size, and type of shops to the trade area that the unit serves; it provides on site parking in definite relationship to the types of sizes of stores.
(Ord. No. 30-538, § 2, 6-14-77)
Special land use is a use of land for an activity which, under usual circumstances, would be detrimental to other land uses permitted within the same district but which is permitted because of circumstances unique to the location of the particular use and which use can be permitted conditionally without jeopardy to uses permitted within such district.
(Ord. No. 30-657, § 1, 4-12-83)
An authorization by the City Council or Planning Commission specified herein to use a parcel of land and/or structure for a special land use.
(Ord. No. 30-657, § 2, 4-12-83)
A Class C Liquor establishment shall mean any place licensed by the State of Michigan Liquor Control Commission to sell at retail beer, wine, and spirits for consumption on the premises.
(Ord. No. 30-659, § 1, 4-26-83)
State Law reference— Similar provisions, MCL 436.2t.
Tavern shall mean any place licensed by the State of Michigan Liquor Control Commission to sell retail beer and wine for consumption on the premises only.
(Ord. No. 30-659, § 2, 4-26-83)
The sale of used tangible household personal belongings to the householder and conducted on an individual lot used as a one-family, two-family, or multiple-family dwelling.
The items offered for sale shall be limited to personal property that is usual to a residence and commonly used in a family.
A garage sale is not for the sale, display, or trading of articles of commerce obtained either new or used for the purpose of sale or resale nor for the sale, display or trading of goods manufactured or processed either on or off the lot for the purpose of sale or resale. The manner of regulation for garage sales as defined herein shall be found in Section 4.42 of this Ordinance.
(Ord. No. 30-680, § 1, 6-26-84)
Editor's note— Section 2 of Ord. No. 30-859, adopted March 26, 1996, repealed §§ 2.73—2.75 in their entirety. Formerly, §§ 2.73—2.75 pertained to the location of on-premises signs, off-premises signs and billboards and derived from §§ 1—3 of Ord. No. 30-722, adopted Aug. 26, 1986.
Any person, corporation or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, is hereby defined to be a pawnbroker.
(Ord. No. 30-805, § 1, 12-26-91)
Any person, corporation or member or members of a corporation or firm who primarily engage in the retail sale of used merchandise, antiques, and secondhand goods; such as, clothing, shoes, furniture, books, rare manuscripts, musical instruments, office furniture, phonographs and phonograph records, store fixtures and equipment. Excluded from this definition are dealers primarily engaged in selling used motor vehicles, trailers, boats, mobile homes, automobile parts and accessories, scrap and waste dealers.
(Ord. No. 30-805, § 1, 12-26-91)
A child care or day care center is a facility, other than a private residence, licensed by the State of Michigan to receive one (1) or more preschool or school-age children for care for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian. Child care center or day care center includes a facility that provides care for more than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. Child care center or day care center does not include any of the following:
(i)
A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three (3) hours per day for an indefinite period or for not more than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve-month period.
(ii)
A facility operated by a religious organization where children are in the religious organization's care for not more than three (3) hours while persons responsible for the children are attending religious services.
(iii)
A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age child-focused training.
(iv)
A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.
(v)
A state licensed family child care home or a state licensed group child care home.
(Ord. No. 30-991, § 1, 2-22-11)
Family child care home is a private home licensed by the State of Michigan to receive one (1) to six (6) minor children for care and supervision for compensation, for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related by blood, marriage, or adoption to an adult member of the family residing in the home. Family child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual which is exempt from licensing requirements under MCL 722.111.
(Ord. No. 30-991, § 2, 2-22-11)
Group child care home is a private home licensed by the State of Michigan to receive more than six (6) but not more than twelve (12) minor children for care and supervision, for compensation, for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related by blood, marriage, or adoption to an adult member of the family residing in the home. Group child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year.
(Ord. No. 30-991, § 3, 2-22-11)
Any device utilized for the purpose of sending or receiving electromagnetic waves, including but not limited to, microwave, cellular telephone, radio, television, personal communication services or other communications. Citizen radio, short wave, amateur radio, residential TV or satellite TV antennas and towers are excluded from the regulations of this chapter.
(Ord. No. 30-857, § 1, 1-9-96; Ord. No. 30-881, § 1, 10-28-97)
Any structure which is utilized to support an antenna or antennas, as defined in section 2.81, above the ground or above an existing structure. Antenna towers include, but are not limited to, monopoles, tripods, wood poles, roof mounting brackets, chimney brackets, multiple leg tower structures, signs and self supporting and guy wired towers.
(Ord. No. 30-857, § 1, 1-9-96; Ord. No. 30-881, § 1, 10-28-97)
A temporary use permitted and regulated pursuant to this ordinance for a limited period of time conducted every year at the same time of year, such as, but not limited to, the sale of Easter flowers and Christmas trees.
(Ord. No. 30-858, § 2, 2-13-96)
Temporary shall mean for the duration of a limited time period as specified in the provisions of this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
A use permitted and regulated pursuant to this Ordinance for periods of time that are limited in duration as specified by this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
A non-permanent structure used in conjunction with the seasonal sale or temporary event pursuant to this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
Act 59 of 1978, as amended; MCL 559.101 et seq. as amended.
(Ord. No. 30-862, § 1, 4-9-96)
Condominium project, condominium subdivision plan, master deed, common elements, and other words and phrases relating to condominiums shall be defined pursuant to Sections 3 to 10 of the Condominium Act, Act 59 of 1978 (MCL 559.103 to 110), (except as otherwise defined and used in Article IVB).
(Ord. No. 30-862, § 1, 4-9-96)
All allocation or division of land permitted under the State of Michigan Condominium Act, Act 59 of 1978 as amended, which permits single family detached housing pursuant to a master deed.
(Ord. No. 30-862, § 1, 4-9-96)
Condominium unit means that portion of the condominium project designed and intended for separate ownership and use as described in the master deed.
(Ord. No. 30-862, § 2, 4-9-96)
The sale of used personal property belonging to the occupants of a residential dwelling and conducted on the residential lot to liquidate an estate. The sale shall be conducted by the owner, occupant or agent thereof and shall include viewing time.
(Ord. No. 30-875, § 1, 3-11-97)
Any property used for the sale, offer for sale, exchange, display, consignment or storage of any passenger motor vehicles, including RV trailers, golf carts, motorcycles, motorized scooter, and other motorized vehicle powered by gas, electricity or battery, that are used, secondhand, previously owned or used, whether or not refurbished, including property used in combination with other uses not stated in this provision. Used car lot excludes automotive manufacturers and new car dealerships, unless the property of the automotive manufacturer and new car dealership is used in combination with a used car lot or used car sales.
(Ord. No. 30-1001, § 3, 8-27-13)
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.93, which pertained to medical marihuana facility and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.94, which pertained to registered qualifying patient or patient and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.95, which pertained to registered primary caregiver or primary caregiver and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.96, which pertained to debilitating medical condition and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
The buildings, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
(Ord. No. 30-1020, § 1, 4-12-16)
Any public building or field used for the primary purpose of sports or recreation.
(Ord. No. 30-1020, § 1, 4-12-16)
A facility in which literary, musical, artistic, or reference materials or items, such as, but not limited to, books, computers, recordings, or videotapes, are kept for the use by or loaning to patrons of the facility, but are not normally offered for sale.
(Ord. No. 30-1020, § 1, 4-12-16; Ord. No. 30-1027, § 1, 5-9-2017)
A facility primarily used for body conditioning and physical exercise, and which involves multiple activities and facilities, including but not limited to weight training, aerobic and related exercise classes, jogging, swimming pools, whirlpool, sauna, steam room, and may include courts for racquet sports occupying a limited area of the facility, generally in the range of less than 10 percent of the building, and may include accessory uses, such as showers, locker rooms, tanning salons and health food sales or fitness screenings, provided they are only in support of the primary uses. A health club or fitness center does not include rehabilitation services provided by licensed health care providers.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor commercial establishment or use where physical exercise or training is conducted on an individual basis, with or without the option for having one-to-one instruction with a personal trainer, using exercise equipment or open floor space, and may have accessory uses provided they are in support of the primary use, but shall not include court sports facilities, swimming pools, and spectator seating for sports.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor facility, with our without seating for spectators, providing accommodations for individual, organized, or franchised sports, including, but not limited to, basketball, ice hockey, soccer, tennis, volleyball, racquetball, batting cages, water parks, fun ranges, or handball. The facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sport, health or fitness items, and other support facilities, as accessory uses.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor recreational center with main and accessory structures that have a combined maximum gross area of floor space that exceeds 20,000 square feet.
(Ord. No. 30-1027, § 1, 5-9-2017)
A commercial business establishment that conducts outside of a building, on a permanent or seasonal basis, in open or partially enclosed or screen facilities, activities designed for participant uses, such as driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquet sports, motorized cart and motorcycle or car tracks, motorized model airplanes, water parks, firing ranges or amusements, such as carnival rides, amusement games, trampolines, or inflatable play equipment or approved as a temporary use.
(Ord. No. 30-1027, § 1, 5-9-2017)
- DEFINITIONS
A way open to public travel intended for secondary access to premises and not less than eighteen (18) feet wide, but not more than thirty (30) feet wide.
That portion of a building that is partly or completely below grade.
(Ord. No. 30-1082, § 1, 8-13-24)
A boarding or rooming house shall be construed to mean any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein or therewith cooking or kitchen accommodations.
References throughout this ordinance to the Building Department shall mean the Division of Building and Safety Engineering, and the Director of Public Service or any of his duly appointed representatives, including the Building Director or any of his subordinate officers or employees.
(Ord. No. 30-994, § 1, 12-13-11)
Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of any person, animal, chattel or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for purposes of a building.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A subordinate building or structure on the same lot, or part of the main building, occupied by or devoted exclusively to an accessory use.
The front line of the building or the legally established line which determines the location of the building with respect to the street line.
A partially open shelter or structure for housing of vehicles. Such structures shall comply with all yard requirements applicable to garages.
A court is an open unoccupied space other than a yard, and bounded on at least two sides by a building. A COURT extending to the front lot line or front yard, or to a rear lot line or rear yard is an OUTER COURT. Any other court is an INNER COURT.
Any section of the incorporated parts of the City of Warren for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
A building, or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.
A building designed for and occupied by one (1) family, and so designated and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one (1) family only.
A building designed for and occupied by two (2) families, and so designated and arranged as to provide cooking and kitchen accommodations and sanitary facilities for each of the two (2) families only.
A building or portion thereof, designed for occupancy by three (3) or more families living independently of each other and having separate cooking and kitchen accommodations and sanitary facilities.
A dwelling unit consisting of not more than two (2) rooms in addition to kitchen and necessary sanitary facilities.
The phrase "essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam, or water transmissions or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.
A family is any number of persons living together in a dwelling comprising a single nonprofit housekeeping unit and related by blood, marriage, adoption, domestic partnership. A family shall include not more than three (3) persons not so related occupying a dwelling and living as a single nonprofit housekeeping unit. With the exceptions of domestic employees and of any individual with a disability as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
(Ord. No. 30-1036, § 1, 4-24-18)
A farm is a platted or unplatted parcel of land not less than three (3) acres.
Floor area shall mean the total gross floor area, as measured to the outside surfaces of exterior walls, but not including the following spaces: crawl spaces, unfinished and non-habitable portions of the basement and attics, garages and open porches, balconies and terraces.
A community garage is a structure, or a series of structures, for the storage of motor vehicles, having no public shop or services in connection therewith, and separated into compartments or sections with separate vehicular entrances, for the use of two or more owners or occupants of property in the vicinity.
All such garages intended to accommodate more than four (4) vehicles shall first receive the approval of the Board of Appeals.
A private garage is a structure for the storage of not more than a number of vehicles as may be required in connection with the permitted use of the principal building.
A public garage is a structure, other than a private or community garage, for the storage, care, repair or refinishing of motor vehicles, except that a structure or room used solely for the display and sale of such vehicles in which they are not operated under their own power, and in connection with which there is no repair, maintenance, or refinishing service or storage of vehicles other than those displayed, shall not be considered a garage for the purpose of this Ordinance.
A gasoline service station is a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including space for facilities for storage, repair, bumping, painting and refinishing.
The elevation of the curb at the midpoint of the front of the lot or tract, as established by the Director of Public Service.
(a)
An eight (8) foot greenbelt shall be a solid planting strip composed of evergreen trees spaced not more than twenty (20) feet apart and not less than one (1) row of evergreen shrubs, spaced not more than five (5) feet apart and which are at least five (5) feet or more in height after one (1) full growing season after planting, and which shall be planted and maintained in a healthy growing condition by either the occupant or owner of the property.
(b)
A twenty (20) foot greenbelt shall be a planting strip composed of two (2) rows of evergreen trees, spaced alternately at not more than twenty (20) feet apart and not less than three (3) rows of evergreen shrubs, spaced at not more than eight (8) feet apart and which are at least five (5) feet or more in height after one (1) full growing season after planting, and which shrubs will eventually grow to a height of not less than twelve (12) feet at maturity, and which shall be planted and maintained in a healthy growing condition by either the occupant or owner of the property.
A decorative masonry wall, not more than six (6) feet in height and not less than eight (8) inches in thickness may be substituted for either of the above greenbelts, upon approval of the Planning Director, and shall be maintained in an attractive condition and structurally sound.
(c)
The occupant or owner shall maintain greenbelt in an attractive well-trimmed condition at all times, and free from litter, refuse and weeds.
(Ord. No. 30-227, § 1, 11-22-66; Ord. No. 30-998, § 1, 7-9-13)
A residential development involving the ultimate construction of two (2) family dwellings or multiple-family or combination of multiple and two (2) or one (1) family dwellings, on a lot, parcel or tract of land, or on a combination of lots under one ownership.
The vertical distance from the ground level adjoining the building to the highest point on the roof surface in the case of a flat roof, to the deck line for mansard roofs, to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Any occupation or profession carried on only by a member of a family, residing on the premises, in connection with which there is used no sign other than one (1) non-illuminated name plate attached to the building entrance which is not more than one (1) square foot in area; provided that:
(a)
No commodity is sold upon the premises;
(b)
No person is regularly employed for commercial purposes other than a member of the immediate family, residing on the same premises;
(c)
No mechanical equipment is used except such as is normally used for domestic or household purposes, but this shall not include the office of a veterinarian;
(d)
No more than twenty-five (25) percent of the total floor area is to be used for home occupation.
A building containing twenty-five (25) or more apartments, each composed of bedroom, bathroom, and closet space, but without cooking facilities, with the exception of the units occupied by the management staff, the apartment units being used for the accommodation of transient guests and no cooking being permitted therein, and containing a public dining room for the accommodation of at least twenty-five (25) guests, and a general kitchen.
A kennel shall be considered a lot or premises at which three (3) or more dogs are kept either permanently or temporarily.
A parcel of land separated from other parcels or portions by descriptions as in a subdivision or on a record survey map or by metes and bounds for purpose of sale, lease, or separate use and undivided by any street and occupied by, or designated to be developed for, one (1) building or principal use and the accessory buildings or uses customarily incidental to such building, use or development include such open spaces and yards as are designed and arranged or required by this ordinance for such building, use or development.
(Ord. No. 30-726, § 1, 9-23-86)
A corner lot is a lot of which at least two (2) adjacent sides abut for their full length upon a street.
Double frontage lot is a parcel of land which extends from one street to another street.
An interior lot is a lot other than a corner lot.
The line abutting a street. On a corner lot the shorter street line shall be considered the front lot line. Where new street lines are established by Ordinance on the Master Thoroughfare Plan of the City of Warren, such lines shall be the front lot line.
The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line not less than ten (10) feet long, lying most distant from the front line and wholly within the lot.
A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.
The perpendicular distance between the front and rear lines, measured along the median between the side lot lines.
The horizontal distance between the side lot lines measured at the two points where the building line, or setback, intersects the side lot lines.
A parcel of land, the dimensions of which are shown in a recorded plat on file with the County Register of Deeds, or any parcel which has been created in accordance with the provisions of the Plat Act [MCL 560.101 et seq.], and which has been assigned a parcel number by the Land File Division of the Macomb County Treasurer's Office and the description for which is on file with the City Assessor's Office.
(Ord. No. 30-726, § 2, 9-23-86)
A mobile home or trailer coach park refers to any site, lot, field, or tract of land upon which three (3) or more occupied mobile homes or trailer coaches are harbored, either free of charge or for revenue purposes, and shall include any building structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home or trailer coach park.
A motel or motor court is a business comprising of a series of attached, semi-detached or detached rental units for the overnight accommodation of transient guests, each unit containing bedroom, bathroom and closet space, but no kitchen or cooking facilities, with the exception of units for use of the manager and/or caretaker.
An occupied mobile home or trailer coach refers to any mobile home or trailer coach located on a site within the mobile home park when such mobile home is connected to any park facility such as a sewerage collection system, water or electrical distribution system.
An outlot is a parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.
An area surfaced by use of either bituminous, oil aggregate, stabilized gravel or equivalent, enclosed or unenclosed, not less than nine (9) feet wide by twenty (20) feet long, except as regulated by Section 4.32 (i) of this Ordinance.
(Ord. No. 30-457, § 2, 2-12-74)
Any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing to the public, under municipal regulations, electricity, gas, steam, telephone, telegraph, transportation or water.
The word soil as used herein shall be topsoil, subsoil, sand[,] gravel, muck or any other type of natural earthy material.
That portion of a building included between the surface of any floor and the surface of the floor next above, or if there should be no floor above, then the space between the surface of any floor and the ceiling next above.
A basement shall be considered a story if the distance from the building grade line to the ceiling is equal to or greater than the distance from the building grade line to the floor or if its ceiling is over five (5) feet above the average established grade, or if it is used for business purposes by other than a janitor or domestic servant in the same building.
(Ord. No. 30-127, § 1, 7-14-64; Ord. No. 30-131, § 1, 7-14-64)
A half story is an uppermost story lying under a sloping roof, the usable floor area of which does not exceed seventy-five (75) percent of the floor area of the story immediately below it, and not used, or designed, arranged or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling.
Tri-level and quad-level buildings shall be considered one and one-half (1½) stories if the lower floor area is considered a story as in Section 2.49.
Bi-level shall be considered two (2) stories, if one of the lower floor areas is considered a story as in Section 2.49.
A street is any thoroughfare or way, other than public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace, or any similar designation, or a private street open to restricted travel at least thirty (30) feet in width.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
A dwelling furnishing over-night sleeping quarters to transient guests, containing not more than three (3) guest bedrooms.
A vehicle with or without its own motive power, equipped for or used for living purposes and mounted on wheels or designed to be so mounted and transported.
A utility room, or space, is a room or space located other than in the basement, specifically designed and constructed to house any home utilities such as the heating unit and laundry facilities.
The purpose for which land or buildings thereon are designed, arranged, or intended to be occupied or used, or for which they are occupied or maintained.
A use normally incidental to, and subordinate to, the principal use of the premises.
A front yard is an open space extending the full width of an interior lot and/or full length of all sides bordering upon a street or streets of a corner lot and of a uniform depth measured horizontally at right angles to the street lot line, unoccupied from the ground upward, except as hereinafter specified.
A year [rear] yard is an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the rear lot line and unoccupied from the ground upward, except as hereinafter specified.
A side yard is an open space, extending from the front yard to the year [rear] yard, and of a uniform width measured horizontally at right angles to the side lot line and unoccupied from the ground upward, except as hereinafter specified.
The display and sale of products and services on a lot outside of a building including products and services that are displayed year round and those such as Christmas trees and flowers that are displayed and sold on a temporary or seasonal basis, excluding garages sales that are otherwise regulated in this Ordinance.
(Ord. No. 30-283, § 1, 6-25-68; Ord. No. 30-835, § 1, 2-22-94; Ord. No. 30-858, § 1, 2-13-96)
A driveway shall be hardsurfaced access connecting such parking space with a street or alley and permitting ingress and egress of a motor vehicle.
(Ord. No. 30-457, § 3, 2-12-74)
Coin-operated amusement machine and/or device establishments shall be defined as a place of business that has in operation an excess of five (5) coin-operated machines and/or devices.
(Ord. No. 30-462, § 1(2.63), 7-9-74)
A coin-operated amusement machine and/or device means a ski-ball machine, air-hockey machine, motion picture machine, shuffleboard, miniature pool table, or any other similar machine, instrument, or contrivance which may be operated or set in motion upon the insertion of a coin, or under normal use is designed to have a coin; however, in lieu of said coin, the proprietor charges a flat rate to use said device.
(Ord. No. 30-462, § 1(2.64), 7-9-74)
A residential building containing eight (8) or more dwelling units specially designed for the use and occupancy of any person married or single, who is sixty-two (62) years of age or over. Such building shall not contain equipment for surgical care or for the treatment of disease or injury, other than for emergency first-aid care. Such building shall be:
(1)
Owned by the City of Warren and administered by the Warren Housing Commission in accordance with Warren Code of Ordinances, Chapter 4, Section 10-41, et seq.; or,
(2)
Constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of municipal, State or Federal governmental agencies, and is constructed and maintained on a non-profit basis by a charitable organization which is organized pursuant to the provisions of the Michigan's General Corporation Act (P.A. 1931 No. 327) [3].
(Ord. No. 30-469, § 1, 9-24-74)
Editor's note— This act has been repealed. Refer now to the Business Corporation Act, P.A. 284 of 1972 (MCL 450.1101 et seq.).
Medical Clinic shall mean any facility providing physical or mental health service or medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical clinic includes health center, health clinic, and doctors' offices.
(Ord. No. 30-538, § 1, 6-14-77)
A group of commercial establishments, planned, developed, owned and managed as a unit related in location, size, and type of shops to the trade area that the unit serves; it provides on site parking in definite relationship to the types of sizes of stores.
(Ord. No. 30-538, § 2, 6-14-77)
Special land use is a use of land for an activity which, under usual circumstances, would be detrimental to other land uses permitted within the same district but which is permitted because of circumstances unique to the location of the particular use and which use can be permitted conditionally without jeopardy to uses permitted within such district.
(Ord. No. 30-657, § 1, 4-12-83)
An authorization by the City Council or Planning Commission specified herein to use a parcel of land and/or structure for a special land use.
(Ord. No. 30-657, § 2, 4-12-83)
A Class C Liquor establishment shall mean any place licensed by the State of Michigan Liquor Control Commission to sell at retail beer, wine, and spirits for consumption on the premises.
(Ord. No. 30-659, § 1, 4-26-83)
State Law reference— Similar provisions, MCL 436.2t.
Tavern shall mean any place licensed by the State of Michigan Liquor Control Commission to sell retail beer and wine for consumption on the premises only.
(Ord. No. 30-659, § 2, 4-26-83)
The sale of used tangible household personal belongings to the householder and conducted on an individual lot used as a one-family, two-family, or multiple-family dwelling.
The items offered for sale shall be limited to personal property that is usual to a residence and commonly used in a family.
A garage sale is not for the sale, display, or trading of articles of commerce obtained either new or used for the purpose of sale or resale nor for the sale, display or trading of goods manufactured or processed either on or off the lot for the purpose of sale or resale. The manner of regulation for garage sales as defined herein shall be found in Section 4.42 of this Ordinance.
(Ord. No. 30-680, § 1, 6-26-84)
Editor's note— Section 2 of Ord. No. 30-859, adopted March 26, 1996, repealed §§ 2.73—2.75 in their entirety. Formerly, §§ 2.73—2.75 pertained to the location of on-premises signs, off-premises signs and billboards and derived from §§ 1—3 of Ord. No. 30-722, adopted Aug. 26, 1986.
Any person, corporation or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, is hereby defined to be a pawnbroker.
(Ord. No. 30-805, § 1, 12-26-91)
Any person, corporation or member or members of a corporation or firm who primarily engage in the retail sale of used merchandise, antiques, and secondhand goods; such as, clothing, shoes, furniture, books, rare manuscripts, musical instruments, office furniture, phonographs and phonograph records, store fixtures and equipment. Excluded from this definition are dealers primarily engaged in selling used motor vehicles, trailers, boats, mobile homes, automobile parts and accessories, scrap and waste dealers.
(Ord. No. 30-805, § 1, 12-26-91)
A child care or day care center is a facility, other than a private residence, licensed by the State of Michigan to receive one (1) or more preschool or school-age children for care for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian. Child care center or day care center includes a facility that provides care for more than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. Child care center or day care center does not include any of the following:
(i)
A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three (3) hours per day for an indefinite period or for not more than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve-month period.
(ii)
A facility operated by a religious organization where children are in the religious organization's care for not more than three (3) hours while persons responsible for the children are attending religious services.
(iii)
A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age child-focused training.
(iv)
A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.
(v)
A state licensed family child care home or a state licensed group child care home.
(Ord. No. 30-991, § 1, 2-22-11)
Family child care home is a private home licensed by the State of Michigan to receive one (1) to six (6) minor children for care and supervision for compensation, for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related by blood, marriage, or adoption to an adult member of the family residing in the home. Family child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual which is exempt from licensing requirements under MCL 722.111.
(Ord. No. 30-991, § 2, 2-22-11)
Group child care home is a private home licensed by the State of Michigan to receive more than six (6) but not more than twelve (12) minor children for care and supervision, for compensation, for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related by blood, marriage, or adoption to an adult member of the family residing in the home. Group child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year.
(Ord. No. 30-991, § 3, 2-22-11)
Any device utilized for the purpose of sending or receiving electromagnetic waves, including but not limited to, microwave, cellular telephone, radio, television, personal communication services or other communications. Citizen radio, short wave, amateur radio, residential TV or satellite TV antennas and towers are excluded from the regulations of this chapter.
(Ord. No. 30-857, § 1, 1-9-96; Ord. No. 30-881, § 1, 10-28-97)
Any structure which is utilized to support an antenna or antennas, as defined in section 2.81, above the ground or above an existing structure. Antenna towers include, but are not limited to, monopoles, tripods, wood poles, roof mounting brackets, chimney brackets, multiple leg tower structures, signs and self supporting and guy wired towers.
(Ord. No. 30-857, § 1, 1-9-96; Ord. No. 30-881, § 1, 10-28-97)
A temporary use permitted and regulated pursuant to this ordinance for a limited period of time conducted every year at the same time of year, such as, but not limited to, the sale of Easter flowers and Christmas trees.
(Ord. No. 30-858, § 2, 2-13-96)
Temporary shall mean for the duration of a limited time period as specified in the provisions of this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
A use permitted and regulated pursuant to this Ordinance for periods of time that are limited in duration as specified by this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
A non-permanent structure used in conjunction with the seasonal sale or temporary event pursuant to this Ordinance.
(Ord. No. 30-858, § 2, 2-13-96)
Act 59 of 1978, as amended; MCL 559.101 et seq. as amended.
(Ord. No. 30-862, § 1, 4-9-96)
Condominium project, condominium subdivision plan, master deed, common elements, and other words and phrases relating to condominiums shall be defined pursuant to Sections 3 to 10 of the Condominium Act, Act 59 of 1978 (MCL 559.103 to 110), (except as otherwise defined and used in Article IVB).
(Ord. No. 30-862, § 1, 4-9-96)
All allocation or division of land permitted under the State of Michigan Condominium Act, Act 59 of 1978 as amended, which permits single family detached housing pursuant to a master deed.
(Ord. No. 30-862, § 1, 4-9-96)
Condominium unit means that portion of the condominium project designed and intended for separate ownership and use as described in the master deed.
(Ord. No. 30-862, § 2, 4-9-96)
The sale of used personal property belonging to the occupants of a residential dwelling and conducted on the residential lot to liquidate an estate. The sale shall be conducted by the owner, occupant or agent thereof and shall include viewing time.
(Ord. No. 30-875, § 1, 3-11-97)
Any property used for the sale, offer for sale, exchange, display, consignment or storage of any passenger motor vehicles, including RV trailers, golf carts, motorcycles, motorized scooter, and other motorized vehicle powered by gas, electricity or battery, that are used, secondhand, previously owned or used, whether or not refurbished, including property used in combination with other uses not stated in this provision. Used car lot excludes automotive manufacturers and new car dealerships, unless the property of the automotive manufacturer and new car dealership is used in combination with a used car lot or used car sales.
(Ord. No. 30-1001, § 3, 8-27-13)
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.93, which pertained to medical marihuana facility and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.94, which pertained to registered qualifying patient or patient and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.95, which pertained to registered primary caregiver or primary caregiver and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
Editor's note— Ord. No. 30-1064, § 1, adopted April 27, 2021, repealed § 2.96, which pertained to debilitating medical condition and derived from Ord. No. 30-1020, § 1, adopted April 12, 2016.
The buildings, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
(Ord. No. 30-1020, § 1, 4-12-16)
Any public building or field used for the primary purpose of sports or recreation.
(Ord. No. 30-1020, § 1, 4-12-16)
A facility in which literary, musical, artistic, or reference materials or items, such as, but not limited to, books, computers, recordings, or videotapes, are kept for the use by or loaning to patrons of the facility, but are not normally offered for sale.
(Ord. No. 30-1020, § 1, 4-12-16; Ord. No. 30-1027, § 1, 5-9-2017)
A facility primarily used for body conditioning and physical exercise, and which involves multiple activities and facilities, including but not limited to weight training, aerobic and related exercise classes, jogging, swimming pools, whirlpool, sauna, steam room, and may include courts for racquet sports occupying a limited area of the facility, generally in the range of less than 10 percent of the building, and may include accessory uses, such as showers, locker rooms, tanning salons and health food sales or fitness screenings, provided they are only in support of the primary uses. A health club or fitness center does not include rehabilitation services provided by licensed health care providers.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor commercial establishment or use where physical exercise or training is conducted on an individual basis, with or without the option for having one-to-one instruction with a personal trainer, using exercise equipment or open floor space, and may have accessory uses provided they are in support of the primary use, but shall not include court sports facilities, swimming pools, and spectator seating for sports.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor facility, with our without seating for spectators, providing accommodations for individual, organized, or franchised sports, including, but not limited to, basketball, ice hockey, soccer, tennis, volleyball, racquetball, batting cages, water parks, fun ranges, or handball. The facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sport, health or fitness items, and other support facilities, as accessory uses.
(Ord. No. 30-1027, § 1, 5-9-2017)
An indoor recreational center with main and accessory structures that have a combined maximum gross area of floor space that exceeds 20,000 square feet.
(Ord. No. 30-1027, § 1, 5-9-2017)
A commercial business establishment that conducts outside of a building, on a permanent or seasonal basis, in open or partially enclosed or screen facilities, activities designed for participant uses, such as driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquet sports, motorized cart and motorcycle or car tracks, motorized model airplanes, water parks, firing ranges or amusements, such as carnival rides, amusement games, trampolines, or inflatable play equipment or approved as a temporary use.
(Ord. No. 30-1027, § 1, 5-9-2017)