The following rules of construction apply to the text of this title:

A.

The particular shall control the general;

B.

In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control;

C.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive, with the decision made by the building official, planning commission, city council or zoning board of appeals; as indicated;

D.

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

E.

The word "building" includes the word "structure." The word "build" includes the words "erect" and "construct." A "building" or "structure" includes any part thereof;

F.

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

G.

The term "including" means "including, but not limited to" and the term "such as" means "such as, but not limited to" unless otherwise noted;

H.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity recognizable as a "person" under the laws of Michigan;

I.

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

1.

"And" indicates that all the connected items, conditions, provisions or events shall apply,

2.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination (i.e., "or" also means "and/or"),

3.

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

J.

The terms "abutting" or "adjacent to" include property along the lot lines of the subject site including those in another community, but do not include lands separated by a public street right-of-way;

K.

The word "days" shall mean calendar days and include all weekend days and holidays;

L.

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

(Ord. 08-05 § 1 (part), 2008)

"Accessory building" means a detached building on the same lot with, and of a nature customarily incidental and subordinate to, a principal structure, and occupied or devoted exclusively to an accessory use. Examples may include detached garages, sheds and storage buildings.

"Accessory structure" means a detached building or other type of structure on the same lot with, and of a nature customarily incidental and subordinate to, a principal structure, and occupied or devoted exclusively to an accessory use. Examples include accessory buildings, fences, decks and swimming pools.

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

1.

Residential accommodations for servants and/or caretakers;

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

"Adult care facility" means a governmental or nongovernmental establishment that provides foster care of adults, over eighteen years of age, as licensed and regulated by the state under Michigan Public Act 218 of 1979, and rules promulgated by the State Department of Social Services. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis. An adult foster care facility does not include nursing homes (which are defined separately), homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility. Such organizations shall be defined as follows:

1.

"Adult foster care small group home" means an adult foster care facility with the approved capacity to receive twelve or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

2.

"Adult foster care large group home" means an adult foster care facility with approved capacity to receive at least thirteen but not more than twenty adults to be provided supervision, personal care, and protection in addition to room and board, for twenty-four hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

3.

"Adult foster care family home" means an adult foster care facility with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

4.

"Adult foster care congregate facility" means an adult foster care facility with the approved capacity to receive more than twenty adults to be provided with foster care.

"Adult day care" means a facility that provides care for elderly and/or functionally impaired adults in a protective setting for a period of less than twenty-four hours.

"Alley" means any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

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

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

"Animal, Domesticated (Pet)" means an animal that is commonly considered capable of being trained or is capable of adapting to living in a human environment and being of use to human beings, and which is not likely to bite without provocation nor cause death, maiming or illness to human beings, including by way of example: bird (caged), fish, rodent (bred, such as a gerbil, rabbit, hamster or guinea pig), cat (domesticated), lizard (non-poisonous), and dog. Wild, vicious, or exotic animals shall not be considered domesticated. Animals bred, raised or boarded for commercial purposes are not considered pets. A premises where more than three pets are kept shall be considered a kennel.

"Animal, non-domesticated, vicious or exotic (wild)" means any animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals. Or, an animal from a species which is not commonly domesticated or kept as livestock, or which is not native to the state of Michigan, or a species which, irrespective of geographic origin, is of wild or predatory character, or which because of size, aggressive or vicious characteristics would constitute an unreasonable danger to human life or property if not kept, maintained or confined in a safe and secure manner, including any hybrid animal that is part exotic animal.

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

"Apartments" means an attached dwelling unit with party or common walls, contained in a building with other dwelling units or sharing the occupancy of a building with other than a residential use. Apartments are commonly accessed by a common stair landing or walkway. Apartments are typically rented by the occupants, but may be condominiums. Apartment buildings often may have a central heating system and other central utility connections. The grounds of the apartment complex are common and each apartment unit typically does not have its own separate yard space. Apartments are also commonly known as garden apartments or flats.

"Architectural features" means steps, windowsills, belt courses, brick and/or wrought iron wing walls, chimneys, architraves, pediments.

Arterial Streets. See "Streets, Arterial."

"Assembly hall" means a building or portion of a building used as a meeting place at which the public or membership groups are assembled regularly or occasionally in which facilities are provided for civic, educational, political, religious, or social purposes.

"Automobile car wash" means any building or structure or portion thereof containing facilities for washing motor vehicles using production line methods with a conveyor, blower, steam cleaning device or other mechanical washing devices; and shall also include coin and attendant operated drive-through, automatic self-serve, track mounted units and similar high volume washing establishments, but shall not include hand washing operations in a "gasoline service station."

Automobile Repair, Major. "Major automobile repair" means the general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting; and undercoating of automobiles.

Automobile Repair, Minor. "Minor automobile repair" means repairs other than major repair, including oil change, engine tune-up, muffler shops, shock absorber replacement shops and tire stores.

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

"Bed and breakfast" means a use which is subordinate to the principal use of a dwelling unit as a one-family dwelling unit, and a use in which transient guests are provided room and board in return for payment.

"Berm" means an earthen mound of definite height and location to serve as an obscuring device in carrying out the requirements of this title.

"Block" means the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating); or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

"Boat" means every description of watercraft used or capable of being used as a means of transportation on water. This title distinguishes nonmotorized watercraft less than eighteen feet in length such as canoes and kayaks from other boats in terms of regulating the number of boats moored on a lot.

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

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

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

"Building line" means a line formed by the face of the building, and for the purposes of this title, a minimum building line is the same as a front setback line.

"Building official" means the building official for the city of Wixom.

Building, Main or Principal. "Main or principal building" means a building in which the lot's principal use is conducted.

(Ord. 08-05 § 1 (part), 2008)

"City building code" means Title 15, Buildings and Construction of the Wixom Municipal Code.

"Child care facilities" means facilities for the care of children under eighteen years of age, as licensed and regulated by the state under Michigan Public Act 116 of 1973 and the associated rules promulgated by the State Department of Human Services. Such organizations shall be further defined as follows:

1.

"Child care or day care center" means a facility, other than a private residence, receiving one or more preschool or school-age children for care for periods less than twenty-four hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not more than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before or after-school program, or drop-in center. Child care center or day care center does not include 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 four hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a twelve-month period; a facility operated by a religious organization where child care is provided for not more than three hours while persons responsible for the children are attending religious services; 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, only during the time the child is involved in supervised, school-age-child-focused training; 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 groups, scouting, and school-age recreational or supplementary education programs, open only during the time the child is engaged in the group athletics or social activities, and if the school-age child can come and go at will.

2.

"Child care institution" means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four-hour basis, in a building maintained for that purpose, and operating throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. Child care institution includes a maternity home for the care of unmarried mothers who are minors and an agency group home, that is described as a small child caring institution owned, leased, or rented by a licensed agency providing care for more than four but less than thirteen minor children. Child care institution also includes institutions for mentally retarded or emotionally disturbed minor children. Child care institution does not include a hospital, nursing home, or home for the aged licensed under Article 17 of the Public Health Code, a boarding school licensed under Section 1335 of the Revised School Code, a hospital or facility operated by the state or licensed under the Mental Health Code, or an adult foster care family home or an adult foster care small group home licensed under the Adult Foster Care Licensing Act in which a child has been placed under that Act.

3.

"Foster family home" means a private home in which at least one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, are given care and supervision for twenty-four hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

4.

"Foster family group home" means a private home in which more than four but less than seven children, including children related to the caregiver by blood, marriage, or who are not placed in the household under the Michigan Adoption Code, are provided care for twenty-four hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

5.

"Family day care home" means a private home in which up to six minor children are received for care and supervision for periods of less than twenty-four hours a day, including children related to the caregiver by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

6.

"Group day care home" means a private home in which more than six but not more than twelve children are given care and supervision for periods of less than twenty-four hours a day unattended by a parent or legal guardian, including children related to the caregiver. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

"Church" means a site used for or intended for the regular assembly of persons for the conducting of religious services and accessory uses therewith. Such accessory uses may include rectories, living quarters for church ministry and other members of the religious order who carry out their duties primarily on the site, religious education classes, day care, outdoor recreation facilities (unlighted), religious office space, youth centers and other similar activities. Rescue missions, tent revivals and other temporary assemblies are not included in this definition.

Church, Large-Scale. "Large-scale church" means a religious institution with a seating capacity of one thousand five hundred people or more in its sanctuary or main area of assembly or more than five hundred parking spaces. A large-scale church may also be characterized by any one or more of the following features: region-serving accessory facilities such as high schools, colleges, and seminaries; one or more buildings one hundred thousand square feet in floor area or greater; retreat and conference centers or other features. Large-scale churches have negative impacts on one-family residential areas because of scale of buildings, large off-street parking lots, large size of assemblies and resultant traffic surges and frequency of use, which are different from smaller churches which have traditionally been compatible with single-family areas. Because of these impacts, large-scale churches are more compatible with nonresidential districts, subject to conditions, which minimize the impacts.

"Civic building" means a building, either publicly or privately owned, which is located on any lot that is open to the public, including meeting halls, libraries, clubhouses, museums, cultural societies, visual and performance arts buildings, municipal buildings, and community buildings that are administered by nonprofit cultural, educational or religious organizations.

"Civic square" means an outdoor public tract of land or open space where the area is defined by streets or adjacent buildings.

"Clinic" means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by physicians, dentists or similar professions.

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

Cocktail Lounge/Night Club. See "Restaurant, Cocktail Lounge/Bar/Nightclub/Tavern."

"Commercial recreation" means recreational uses operated for profit, open to the general public through a fee or membership purchase such as health clubs, gyms, martial arts schools, gymnasiums, bowling alleys, archery ranges, tennis courts, soccer arenas, skating rinks, batting cages and miniature golf courses.

"Commercial use" means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee for more than seven days during a calendar year.

"Commercial vehicle" means:

1.

A motor vehicle designed to transport sixteen or more passengers, including the driver;

2.

A motor vehicle, having a gross vehicle weight rating of twenty-six thousand one or more pounds;

3.

A motor vehicle with a gross combination weight rating of twenty-six thousand one pounds or more including a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

4.

A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 C.F.R. Parts 100 to 199; or

5.

A commercial vehicle does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.

"Composting" means the process of biologically decomposing organic matter.

Condominium. The following definitions are related to condominiums:

1.

"Condominium Act" means Act 59, Public Acts of 1978, as amended.

2.

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

3.

"Condominium subdivision (site condominium)" means a method of subdivision where land ownership of sites is regulated by the Condominium Act (P.A. 59 of 1978, as amended MCL 559.101), as opposed to the Subdivision Control Act of 1967 (MCL 560.101). Condominium subdivision shall be equivalent to the term subdivision as used in this title and the city subdivision regulations ordinance (Ordinance 16).

4.

"Condominium subdivision plan" means the drawings and information prepared in accordance with Section 66 of the Condominium Act. Such drawings and information typically include the site, survey and utility plans, floor plans and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land.

5.

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

6.

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

7.

"Contractible condominium" means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this title and the Condominium Act.

8.

"Conversion condominium" means a condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under Section 71 of the Condominium Act.

9.

"Expandable condominium" means a condominium project to which additional land may be added in accordance with this title and the Condominium Act.

10.

"Master deed" means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.

11.

"Notice of proposed action" means the notice required by Section 71 of the Condominium Act, to be filed with the city and other agencies.

12.

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

13.

"Condominium unit" means that portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, and is a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records. Lot shall mean the same as home site and condominium unit in site condominium developments.

"Consignment shop" means a second-hand or resale store that offers used goods; typically where the dealer holds the merchandise from another individual and pays the person a percentage upon the sale of the goods.

"Contractor yard" means any land or buildings used primarily for the storage of equipment, vehicles, machinery, building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Convalescent Home. See "Nursing and Convalescent Home."

"Convenience store" means a retail store offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood that may also sell gasoline; but does not include automotive service stations or vehicle repair shops.

"Convention center" means a multi-purpose facility whose primary purpose is to accommodate meetings, seminars, social and civic events, and conferences. Such a facility offers a total meeting environment which typically consists of meeting rooms, conference rooms, and catering uses that comprise continuous space. A conference center may include lodging facilities. A hotel/motel with at least ten thousand square feet of conference room facilities shall also be considered a conference center. Accessory uses may include dining areas, recreational facilities and specialty shops that cater to conference center guests.

Day Care Center. See "Child Care Facilities."

Day Care Home for Elderly Adults. See "Adult Day Care."

"Deck" means an accessory platform structure that is open, unenclosed by a roof or walls, either freestanding or attached to the principal structure, that is supported by pillars or posts.

"Deck line" means the intersection of two roof surfaces of a mansard or gambrel roof forming the highest horizontal line of the steeper roof slope.

"Density" means the number of dwelling units situated on or to be developed per net acre of land. The following calculation shall be utilized in determining maximum density.

1.

The acreage exclusive of subsections 2 and 3 of this definition shall be calculated at one hundred percent toward the total site acreage.

2.

The acreage comprised of land within the one hundred-year floodplain elevation, or wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated at twenty-five percent toward the total site acreage.

3.

All submerged land below the ordinary high-water mark of a lake, creek, or stream and public rights-of-way shall be excluded from the net area calculation.

"Detention basin" means a structure or facility, natural or artificial, which stores stormwater on a temporary basis and releases it at a controlled rate. A detention basin may drain completely after a storm event, or it may be a body of water with a fixed minimum and maximum water elevation between runoff events.

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

"District" means a portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this title.

Drive-In. See "Restaurant, Drive-In."

Drive-Through. See "Restaurant, Drive-Through."

"Dumpster" means a container that has a hooking mechanism that permits it to be raised and dumped into a sanitation truck. This definition excludes roll-off containers, which are commonly called dumpsters, that are hauled away from a site rather than being emptied on site.

"Dwelling unit" means a building, or portion thereof, designed for occupancy by one-family for residential purposes and having cooking facilities.

Dwelling, Live/Work. "Live/work dwelling" means a multi-story dwelling unit wherein the first floor is designed as a storefront for retail, service, office or artisan studio and a dwelling unit on the upper floors. The live/work unit shall be designed as an integral unit with interior stairway connections between floors, providing the option for the first-floor storefront to be owned and operated by the occupant of the upper floor dwelling. The type of use allowed in the first floor shall be subject to uses permitted in the district, which may be limited to the list of permitted home occupations in residential districts or allowable commercial used in mixed-use districts such as the VCA district. Live/work dwellings may be attached to a similar single dwelling unit with party or common walls, each with a separate entryway with direct access to the outdoors at ground level.

Dwelling, Multiple-Family. "Multiple-family dwelling (building)" means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other. Multiple-family dwelling units may also be known as apartments, which have common entrances.

Dwelling, One-Family. "One-family dwelling" means a building designed exclusively for and occupied exclusively by one-family.

Dwelling, Townhouse. "Townhouse dwelling" means a self-contained, two-story, single family dwelling unit attached to a similar two-story single family dwelling unit with party or common walls, designed as part of a series of three or more single family dwelling units, each with: a separate entryway with direct access to the outdoors at ground level, a separate basement, a separate garage, separate utility connections and defined front yards. Townhouses may also be known as attached one-family dwelling units, row houses, clustered one-family dwellings. Any five or more attached dwellings not meeting the above criteria shall be considered an multiple-family dwelling.

Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other, commonly referred to as "duplexes.

Dwelling, Three-attached single family dwellings. "Three-attached single-family dwellings" means a building designed exclusively for occupancy by three families living independently of each other.

Dwelling, Four-attached single family dwellings. "Four-attached single family dwellings" means a building designed exclusively for occupancy by four families living independently of each other.

(Ord. 08-05 § 1 (part), 2008)

(Ord. No. 2023-01, § 1, 4-11-2023)

Elderly Housing. See "Senior Housing."

"Erected" means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage and the like shall be considered a part of erection.

"Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution systems, communication, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants 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. Wireless communication towers, devices and facilities are not defined as an essential service.

"Excavation" means any breaking of ground, except common household gardening and ground care.

"Facade" means that exterior side of a building which faces, and is most nearly parallel to, a public or private street. The facade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies, and visible roof structures of one complete elevation.

"Family" means either of the following:

1.

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

2.

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

"Farm" means all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of his household or hired employees, provided, however, that land to be considered a farm under this chapter shall include a continuous parcel of more than ten acres in area; provided further, farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries; but establishments keeping or operating fur-bearing animals, public riding, or boarding stables or commercial dog kennels, shall not be considered a farm under this chapter unless combined with bona fide farm operations on the same continuous tract of land; and provided further, buildings, structures, or yard areas used for the keeping of animals shall be located not less than one hundred feet from a property line. No farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal, or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises prior thereto and for the use and consumption of persons residing on the premises. None of the provisions of this chapter is intended to conflict with those rights protected under the Michigan Right to Farm Act, MCL 286.471, et seq.

"Feeder road" means a street or road intersecting with a limited access freeway and having traffic interchange facilities with such limited access freeway.

"Fence" means a manmade structure constructed for the purpose of or to have the effect of enclosing the area it is constructed upon.

Fence, Ornamental. "Ornamental fence" means a man-made structure, the surface area of which is more than fifty percent open, such as wood picket fences or wrought iron fences. Ornamental fences do not include chain-link fences or fences of wire construction.

Fence, Privacy. "Privacy fence" means a manmade structure; the surface area of which is less than fifty percent open.

"Filling" means the depositing or dumping of gravel, earth, or other materials of any composition whatsoever on land, whether submerged or not, placed to alter land contours; displace water or fill a waterbody, water course or wetland; or place shoreline protection measures.

"Flood hazard" means a hazard to land or improvements due to overflow water having sufficient depth or velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

"Floodplain" means that area which would be inundated by storm runoff or flood water equivalent to that which would occur with a rainfall or flood of one hundred year recurrence frequency after total development of the watershed.

Floor Area, Residential. "Residential floor area" means for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor Area, Usable. "Usable floor area" means for the purposes of computing parking, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded from this computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior wall. Where the layout of the interior floor plan has not been finalized, usable floor area shall be no less than eighty-five percent of the gross building floor area for the purpose of determining parking requirements.

"Frontage" means the linear dimension of a lot measured along the public road right-of-way line, private road access easement, or shared driveway.

"Funeral home or mortuary establishment" means an establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held. A funeral home or mortuary establishment shall not include crematoria.

(Ord. 08-05 § 1 (part), 2008)

"Garage sale" means a temporary, short-term sale of personal effects, jewelry, or household items, furnishings and equipment belonging to the owner or occupant of a residential dwelling by the owner or occupant.

"Garage service" means any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, Private. "Private garage" means an accessory building or portion of a main building designed or used for the storage of motor vehicles, recreational equipment, home and lawn maintenance equipment and other household storage, all of which is owned and used by the occupant of the building to which it is accessory.

"Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

"Grade" means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

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

"Guarantee" means a cash deposit, certified check, irrevocable bank letter of credit.

"Hardship" means situations created by circumstances unique to an individual property that do not generally occur to land or buildings in the neighborhood or zoning district of the property in question and which circumstances make the use of such property in question not feasible under conditions imposed by this title. Hardship shall not include personal or financial hardship or economic disadvantage nor shall it constitute circumstances that are self-created.

"Hazardous use" means any use which involves the storage, sale, manufacture, or processing of materials which are dangerous, combustible and/or produce either poisonous fumes or explosions in the event of fire. These uses include all high hazard uses listed in the State Building Code.

"Home occupation" means an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes, as further regulated herein.

"Hospice" means a principal use as a lodging place for the terminally ill where persons are housed and furnished meals and attendant care.

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

(Ord. 08-05 § 1 (part), 2008)

"Impervious surface" means man-made material which covers the surface of land and substantially reduces the infiltration of stormwater to a rate of five percent or less. Impervious surface shall include pavement, buildings, and structures.

"Improvements" means those features and actions associated with a project which are considered necessary by the municipality to protect natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including parking areas, landscaping, roadways, lighting, utilities, sidewalks, screening and drainage.

"Industrial" means of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.

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

(Ord. 08-05 § 1 (part), 2008)

"Kennel" means any lot or premises on which more than three dogs, cats or other domestic animals, or any combination of more than three dogs, cats, or other domesticated animals are either permanently or temporarily boarded or bred and raised.

Large-Scale Church. See "Church, Large-Scale."

"Livestock" means domesticated animals and fowl, which includes, but is not limited to (without regard to the animal's gender or age) horses, sheep, cattle, mules, burros, goats, swine, poultry and fur-bearing animals being raised in captivity.

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

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

"Lot area" means the total horizontal area within the lot lines of the lot.

"Lot coverage" means the part or percent of the lot occupied by buildings, including accessory buildings.

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

"Lot lines" means the lines bounding a lot as defined as follows:

1.

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

2.

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

3.

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

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

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

Lot, Corner. "Corner lot" means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred thirty-five degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this title if the arc is of less radius than one hundred fifty feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred thirty-five degrees.

Lot, Flag. "Flag lot" means a lot that has access to a public right-of-way or private road access easement by means of a narrow strip of land.

Lot, Interior. "Interior lot" means any lot other than a corner lot.

Lot, Through. "Through lot" means any interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of such lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

Lot, Zoning. "Zoning lot" means a single tract of land, located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot shall satisfy this title with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record.

(Ord. 08-05 § 1 (part), 2008)

"Main building" means a building in which is conducted the principal use of the lot upon which it is situated.

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

"Major thoroughfare" means an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the major thoroughfare plan to identify those streets comprising the basic structure of the major thoroughfare plan as designated on the city master plan for future land use.

"Manufactured housing" means any structure, transportable in one or more sections, which is built on a chassis and designed to be sold as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Manufactured housing does not include recreational vehicles or equipment.

"Marginal service road" means a roadway parallel to a major or collector thoroughfare as designated on the City of Wixom master plan which provides access to abutting properties and separation from through traffic.

"Marihuana" or "medical marihuana" means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106, as amended.

"Master plan" means the City of Wixom's comprehensive community plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan shall be adopted by the planning commission in accordance with the Michigan Planning Enabling Act (PA 33 of 2008).

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

"Medical marihuana activities" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of medical marihuana by a qualifying patient or primary caregiver as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law.

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

"Mini warehouses and storage buildings" means storage buildings for lease to the general public for the storage of personal and household effects and for dry storage of office or business effects not including the warehousing of products or supplies. Mini warehouses and storage buildings shall include the following definitions:

"Climate-controlled self-storage facilities" means a building or group of buildings that are accessed from common interior spaces with humidity control capability containing fully enclosed, compartmentalized stalls or lockers which are rented or leased as individual units for the storage of personal property customarily related to residential, office, and/or local commercial activities.

"Drive-up self-storage facilities" means a building or a group of buildings that are primarily accessed externally without humidity control capability containing compartmentalized stalls or lockers which are rented or leased as individual units for the storage of personal property customarily related to residential, office, and/or local commercial activities.

"Mobile home." See "manufactured housing."

"Motel" means a series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

"Municipality" means the City of Wixom, Michigan.

"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the ordinance codified in this title but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

"Nonconforming structure" means a structure or portion thereof lawfully existing at the effective date of the ordinance codified in this title, or amendments thereto, and that does not conform to the provisions of this title in the district in which it is located.

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

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

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

Nursery, Plant Materials. "Plant materials nursery" means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this title does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

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

(Ord. 08-05 § 1 (part), 2008)

(Ord. No. 2014-01, § 2, 1-28-2014; Ord. No. 2023-02, § 1, 12-12-2023)

"Off-premise advertising sign" means a sign which contains a message related to a business or profession conducted or to a commodity, service, or activity not sold or offered upon the premises where the sign is located.

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

"Open air business" means business and commercial uses conducted solely outside of any building unless otherwise specified herein. Examples of open air businesses include:

1.

Retail sales of garden supplies and equipment, including, but not limited to, trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture;

2.

Roadside stands for the sale of agricultural products, including fruits, vegetables and Christmas trees;

3.

Various outdoor recreation uses, including but not limited to: tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and amusement parks;

4.

Outdoor display and sale of automobiles, recreational vehicles, garages, swimming pools, playground equipment, and similar goods.

"Open front store" means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term open front store shall not include automobile repair or gasoline service stations.

"Open space" means that part of a lot, which is open and unobstructed by any built features from its lowest level to the sky, and is accessible to all residents upon the site. This area is intended to provide light and air or is designed for environmental, scenic, or recreational purposes. Open space may include, but is not limited to: lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, living plant materials, wetlands and water courses. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel.

"Open/outdoor storage" means the storage of any materials or objects outside the confines of a building for a continuous period longer than twenty-four hours or more.

"Outdoor display" means the placement of objects that are for retail sale outside the confines of a building.

"Parking lot" means a facility providing vehicular parking spaces along with driveways, aisles and other paved areas for vehicular maneuvering. For the purpose of determining setbacks, parking lots shall not include driveways providing access to a roadway or dedicated service drives providing cross-access to adjacent lots.

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

"Pawnshop" means an establishment where a pawnbroker lends money on the security of personal property pledged and kept by the pawnbroker until the loan is repaid. A pawnshop can also include establishments where individuals sell personal items to the pawnbroker for cash instead of a loan. A pawnshop may also include the resale of items that were formerly pawned objects. A pawnshop that deals in precious metals and gems shall also be subject to the requirements for precious metal and gem dealers.

"Performance standards" means criterion developed to control nuisance factors.

"Planning commission" means the city of Wixom planning commission as established by the city of Wixom city council under provisions of the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.

"Play structures" means a structure in which is

"Precious metal and gem dealer" means any place where a person engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public, including jewelry, precious gems, or items containing gold, silver, or platinum and subject to the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended. Any establishment that operates as a precious metal and gem dealer, either as a principal use or as an activity that is accessory to any other use of the property shall be considered a precious metal and gem dealer and subject to the requirements of this chapter.

"Primary caregiver" means a person who is at least twenty-one years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs, as further defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law.

"Principal building" means a building or structure in which is conducted the principal use of the lot or parcel on which it is situated.

"Principal use" means the main use to which the premises are devoted and the principal purpose for which the premises exist.

"Private home" means a private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child-placing agency. Private home includes a full-time foster family home, a full-time foster family group home, a group day care home, or a family day care home.

"Public utility" means a 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. Wireless communication towers, devices and facilities are not defined as a public utility.

(Ord. 08-05 § 1 (part), 2008)

(Ord. No. 2014-01, § 2, 1-28-2014)

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition in accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law.

"Reception antenna" means an exterior apparatus capable of receiving communications for radio or television purposes including satellite dishes and other satellite reception antennae but excluding facilities considered to be essential public services or those preempted from city regulation by applicable state, Federal Communication Commission (FCC), or federal laws or regulations.

"Recreational equipment" means travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats, boat trailers, snowmobiles, horse trailers, dune buggies, and other similar equipment.

"Recreational facility" means publicly owned or operated site or building, used or occupied predominantly for recreational purposes, such as: parks, play areas, indoor or outdoor swimming pools, bathing beaches, boating and fishing areas, winter recreation areas, nature study areas, community halls, and fairgrounds.

"Registry identification card" means a document issued by the State of Michigan that identifies a person as a registered qualifying patient or a registered primary caregiver.

"Restaurant" means an establishment serving foods and/or beverages to a customer in a ready-to-consume state. The method of operation may be characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant, or lounge/tavern, or combination thereof, as defined below.

1.

"Restaurant with outdoor seating" means a use that involves the sale or delivery of any prepared food or beverage for consumption in a defined area on premises but outside of the building in which it is prepared. Examples of defined areas include an external deck, patio, mall, garden, balcony or sidewalk.

2.

"Carry-out restaurant" means a restaurant, with no more than six tables offered for sit down dining, that involves the sale of food, beverages, and/or desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption mainly off the premises. A carry-out restaurant differs from a drive-in or drive-through restaurant in that a customer must park and walk up to the restaurant or an employee must exit the restaurant and deliver the food to a customer in a parked car.

3.

"Drive-in restaurant" means an establishment where food, desserts or beverages are sold to the customers in a ready-to-consume state and where an employee exits the restaurant and delivers the food to a customer in a parked automobile, for consumption in the automobile, while parked upon the premises or at other facilities provided for customers which are located on the premises.

4.

"Drive-through restaurant" means an establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles so as to serve patrons through a window while in their motor vehicles, rather than parking their vehicle, for carry-out and consumption or use after the vehicle is removed from the premises.

5.

"Standard restaurant" means a standard restaurant is a use that involves either of the following:

a.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building.

b.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers within a completely enclosed building.

6.

"Cocktail lounge/bar/nightclub" means a type of restaurant that is operated primarily for the dispensing of alcoholic beverages. The preparation and sale of food or snacks to customers may be permitted.

"Retail establishment" means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale.

"Ridge line" means the intersection of two roof surfaces forming the highest horizontal line of the roof.

"Ringlemann chart" means measurements of smoke in accordance with the United States Bureau of Mines standards.

"Roof" means the outside top covering of a building.

(Ord. 08-05 § 1 (part), 2008)

(Ord. No. 2014-01, § 2, 1-28-2014)

"Satellite earth station" means a structure designed, intended or used to receive communications or other signals from geostationary, communications satellites or other extraterrestrial sources.

Senior Housing, Dependent. "Dependent senior housing" means a facility consisting of dependent and semi-independent dwelling units, each occupied by not more than two residents per dwelling unit, at least one of whom is fifty-five years of age or older. These facilities will typically have available central dining facilities, recreational facilities, supervised and unsupervised activities, housekeeping assistance, and full-time medical personnel to provide medical services, including but not limited to dietary and nutritional assistance and nursing care. See "Nursing and Convalescent Home."

Senior Housing, Independent. "Independent senior housing" means typically one- and two-bedroom apartments or condominiums designed to meet the needs of persons sixty-two years of age and older or, if more than one hundred fifty units, persons fifty-five years of age and older, and restricted to occupancy by them. These dwelling units are intended for those of qualifying age that do not need regular care and can generally maintain their own households on a daily basis.

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

Sexually Oriented Businesses. The following definitions shall apply to sexually oriented businesses:

1.

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

2.

"Adult bookstore or adult video store" means a commercial establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:

a.

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

b.

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

c.

Items, materials, gimmicks, or paraphernalia depicting, displaying, advertising or packaged as "sexually explicit activities" or depict or describe "specified anatomical areas";

d.

For purposes of this chapter, "principal business purpose" means:

i.

The devotion of a significant or substantial portion of its stock-in-trade or interior floor space, meaning at least thirty percent of the floor area, or

ii.

The receipt of fifty percent of more of its revenues from the sale of the items listed above, or

iii.

The devotion of a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing of books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes, compact discs, slides or other visual representations, items, materials, gimmicks, or paraphernalia which are characterized by the depiction, description, display, advertising or packaging of "sexually explicit activities" or "specified anatomical areas."

e.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "sexually explicit activities" or "specified anatomical areas," and still be characterized as an adult book store, adult novelty or retail store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store, so long as the establishment falls within the definition of an adult bookstore, adult novelty store or adult video store as set forth above.

3.

"Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment, whether or not alcohol is served, which regularly features:

a.

Persons who appear in a state of restricted nudity; or

b.

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

c.

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

4.

"Adult massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body which occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program nor a therapeutic massage practitioner. An adult massage parlor is considered a sexually oriented business for purposes of these regulations.

5.

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

a.

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are regularly characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas"; and which advertises the availability of this adult type of material by means of a sign, visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, internet or television; or

b.

Permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electric transmission over the World Wide Web; or

c.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

d.

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

6.

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

7.

"Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by the performance of "sexually explicit activities." This definition does not include a theater which features occasional live nude performances with serious literacy, artistic or political value and which has no adverse secondary effects.

8.

"Adult use business" means an adult arcade, adult bookstore, adult novelty or retail store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio and/or a sexual encounter establishment or any business determined by the building official, city manager, and/or the director of public safety, to be an adult use because of the similarities in the characteristics and activities of the business with regulated adult business uses, such as nudity, semi-nudity, exposure of "sexually explicit activities" and/or "specified anatomical areas." The definition of "adult use business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

9.

"Alcoholic commercial establishment" means any hotel, motel, tavern, restaurant, park, nightclub, cocktail lounge, burlesque house, bar, cabaret, taproom, club or other similar establishment licensed by the state of Michigan Liquor Control Commission, or where alcoholic beverages, including beer, are dispensed and/or consumed. This definition shall exclude a theater or auditorium.

10.

"Entertainer" means a person who performs some type of activity or pose with the intent of allowing others to witness that activity or pose.

11.

"Escort" means a person who, for consideration in any form, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing and the performance of a dance or skit. Under this definition, "privately" shall mean a performance for an individual or that individual's guests.

12.

"Escort agency" means a person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

13.

"Establishment" means any of the following:

a.

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

b.

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

c.

The location or relocation of any sexually oriented business.

14.

"Licensee" means the individual listed as an applicant on the application of a sexually oriented business license, or a person whose name appears on a license to operate an adult use business.

15.

"Licensing officer" means the clerk of the city of Wixom or his/her designee.

16.

"Manager" means an operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees, or is otherwise responsible for the operation of the sexually oriented business.

17.

"Massage" means the treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefore. For purposes of this chapter, the term "bodywork" shall mean massage.

18.

"Nude model studio" means any place where a person appears in a state of nudity or displays "specific anatomical areas," and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include a modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the state of Michigan.

19.

"Nudity or a state of nudity" means the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

20.

"Operator" means the owner, licensee, manager or person in charge of any premises.

21.

"Peep booth" means an adult motion picture theater with a viewing room or cubical of less than one hundred fifty square feet of floor space.

22.

"Premises or licensed premises" means any premises that requires a sexually oriented business license and that is classified as a sexually oriented business.

23.

"Principal owner" means any person owning, directly or beneficially: (a) ten percent or more of a corporation's equity securities; (b) ten percent or more of the membership interests in a limited liability company; or (c) in the case of any other legal entity, ten percent or more of the ownership interests in the entity.

24.

"Private room" means a room in a hotel/motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

25.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

26.

"Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers a place where two or more persons may congregate, associate or consort for the purpose of "sexually explicit activities" or the exposure of "specified anatomical areas" for any form of consideration, including, but not limited to:

a.

Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or

b.

Activities when one or more of the persons is in a state of nudity or semi-nudity; or

c.

Permits patrons to display or be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for recording or transmission over the World Wide Web or any other media.

27.

"Sexually explicit activities" means any of the following:

a.

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

b.

Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation or sodomy; or

c.

Masturbation, actual or simulated; or

d.

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

e.

The display of human genitals in a state of sexual stimulation, arousal or tumescence; or

f.

The display of excretory function as part of or in connection with any of the activity set forth in subsections (27)(a) through (27)(e) of this definition.

28.

"Sexually oriented business" means an adult arcade, adult bookstore or adult video store, adult novelty or retail store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web. "Sexually oriented" when used to describe film, motion picture, videocassette, slides, or other photographic reproductions shall mean film, movies, motion picture videocassette, slides or other photographic reproductions that regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing "sexually explicit activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

29.

"Specified anatomical areas" means any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, or female breast or breasts of any portion thereof that is situated below a point immediately above the top of the areola, or any combination of the foregoing; or

b.

Human genitals in a state of sexual arousal, even if opaquely and completely covered.

30.

"Specified criminal acts" means sexual crimes against children, sexual abuse, criminal sexual conduct, rape, crimes classified as sexual crimes by the state of Michigan or any other state, or crimes connected with another adult use business, including, but not limited to, the distribution of obscenity, prostitution and/or pandering.

31.

"Significant or substantial portion" means thirty percent or more of the term modified by such phrase.

"Shopping center" means a grouping of two or more business establishments developed in accordance with an overall plan and designed and built as an interrelated project. Buildings constructed on outlots shall not be considered part of the shopping center unless access and parking easements are provided.

"Signs." See Chapter 18.16, Signs.

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

Site Condominium. See "Condominium."

"Special event" means the use of land for a temporary activity lasting no more than seven days, which in no way constitutes a change in the uses permitted in that zoning district, nor negatively impacts the existing and surrounding land uses.

"Storage" means something kept for future use. Any material, equipment or vehicles kept on a lot for more than forty-eight hours shall be considered storage.

"Story" means that part of a building, except a mezzanine as defined in this chapter, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling of the floor. A basement shall not be counted as a story.

Story, Half. "Half story" means an uppermost story lying under a sloping roof having an area of at least two hundred square feet with a clear height of no more than seven feet, six inches. For the purposes of this title, the usable floor area is only that area having at least five feet clear height between floor and ceiling.

"Street" means a dedicated public right-of-way, other than an alley, which affords the principal means of access to abutting property.

1.

State Trunkline. These streets function as important shipping and travel corridors, and generally provide means for long distance trips, through-travel movements that serve to connect communities, and provide important links to the interstate system. The only trunkline is I-96, which traverses through the south end of the city.

2.

County Primary (Arterial). County primary streets generally carry long distance, through-travel movements and provide access to important traffic generators, such as major employment centers, major residential areas, and shopping. County primary streets include Grand River Avenue, Pontiac Trail, and Wixom Rd.

3.

Major Streets (Collector). These streets carry high traffic volumes and function as the link between streets of other classification, such as between trunklines and local streets. Major Streets include Loon Lake Rd. (from Wixom Road to City limits), Potter Rd. (from Wixom to Beck), Maple Rd. (from Hampton to Beck), West Rd. (from Wixom to Beck), Beck Rd. (Twelve Mile to Potter), Napier Rd. (from Grand River to Twelve Mile) and Charms Rd. (Wixom to Devonshire).

4.

Local Streets. Local streets provide access primarily to individual properties and homes. All streets that are not classified as trunkline, arterial or collector streets are considered local streets.

5.

Major Thoroughfare. Any state trunkline, county primary, arterial or major collector street as defined above.

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

"Structure, demountable" means a portable building, or demountable/transportable building that is designed and built to be movable rather than permanently located. Demountable structures may include, but are not limited to: structures that provide shelter (tents or marquees), platforms and supports for performers (stages), or viewing facilities (temporary seating or grandstands).

"Subdivide or Subdivision" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development, that results in one or more parcels of land, of less than forty acres or the equivalent, and that is not exempted from the platting requirements of Public Act 288 of 1967 as amended. Subdivide or subdivision does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of Public Act 288 of 1967, as amended, or the requirements of the chapter.

"Submerged land" means land area located below the ordinary high-water mark of a stream, river, lake or pond. Submerged land shall not include land under a pond with an area of less than five acres or a manmade stormwater retention pond.

"Swimming pool" means any artificially constructed portable or non-portable pool; capable of being used for swimming or bathing, having a depth of two feet or more at any point and having a surface area of two hundred fifty square feet or more.

"Temporary use or building" means a use or building permitted by the planning commission to exist during a specified period of time, with a duration of no more than twelve months unless an extension is approved. The use of land for a temporary activity shall in no way constitute a change in the uses permitted in that zoning district, or negatively impact the existing and surrounding land uses.

"Traditional neighborhood design" means the integration of mixed uses (residences of all types, businesses, offices and public facilities) into a pedestrian-oriented neighborhood characterized by architecture reflecting the period from the colonial days to the 1940's.

"Traffic calming" means measures used, such as traffic circles and shortened street lengths, which encourage lower density vehicular traffic.

"Transition" for the purposes of this chapter, one or more of the following.

1.

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

2.

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

3.

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

"Tree" means a self-supporting woody, deciduous, or evergreen plant which at maturity is fifteen (15) feet or more in height with an erect perennial trunk and having a definite crown of foliage.

1.

"Canopy tree (deciduous)" means a deciduous tree which has a height of twenty-five feet or more, with branch structures that provide foliage primarily on the upper half of the tree and provide shade beneath the tree.

2.

"Deciduous tree" means a tree that sheds its foliage at the end of the growing season.

3.

"Evergreen tree" means a tree that has foliage that persists and remains green throughout the year.

4.

"Ornamental tree (deciduous)" means a deciduous tree that is typically grown because of its shape, flowering characteristics or other attractive features and typically grows to a mature height of twenty-five (25) feet or less. Such tree is sometimes known as an understory tree.

5.

"Height of tree" - where a minimum height is specified for a deciduous or evergreen tree, the height shall be measured from the top of the tree to the surrounding ground elevation or top of the ball (location where fabric containing root system meets the exposed trunk).

(Ord. 08-05 § 1 (part), 2008)

(Ord. No. 2016-03, § 1, 6-28-2016; Ord. No. 2020-02, § 3, 7-14-2020; Ord. No. 2022-02, § 2, 7-26-2022)

"Use" means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

(Ord. 08-05 § 1 (part), 2008)

Wall, Obscuring. "Obscuring wall" means a structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this title.

"Watercourses" means any waterway or other body of water having reasonably well-defined banks, including rivers, streams, creeks, drains and brooks, whether continually or intermittently flowing, and lakes and ponds, as shown on the zoning district map of the city and as further defined as streams and intermittent streams in the city report, dated September 1961 and entitled soil resources of Wixom.

"Wetlands" means lands generally or intermittently covered with water which, by nature of their surface and/or subsurface soil characteristics either contribute to the replenishment of subsurface water supply, or are self-contained water resources, including marshes, swamps and bogs, as shown on the zoning district map of the city and as further defined as soil resources group 7 in the city report, dated September 1961 and entitled Soil Resources of Wixom.

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

Wireless Communication Towers. The following definitions are related to wireless communication towers:

1.

"Alternative tower structure" means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

3.

"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

4.

"Height" means when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

5.

"Pre-existing towers and pre-existing antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance codified in this title, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

6.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto.

"Yards" means the open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this title and as defined in this section.

1.

Exterior Side Yard. A side yard abutting a street, parking area or courtyard.

2.

Interior Side Yard. A side yard other than an exterior side yard.

3.

Front Yard. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

4.

Rear Yard. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage. A waterfront yard shall be considered a rear yard for purposes of setback and yard requirements.

5.

Side Yard. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

6.

Waterfront Yard. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the shoreline of a lake and the nearest point of the main building. Waterfront lots shall be considered to have a waterfront yard along the lake and a street front yard along the street frontage.

(Ord. 08-05 § 1 (part), 2008)