This ordinance shall be known, and may be cited as, the City of Zeeland Zoning Ordinance.

This ordinance, enacted under the authority of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), is intended to ensure that uses of land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population and transportation systems and other public facilities; to facilitate adequate and efficient provision of transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility needs; and to promote public health, safety, and welfare.

(a)

Interpretation and application. In its interpretation and application, the provision of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare. It is not intended by this ordinance to impair or interfere with any other existing provision of law or ordinance. However, where this ordinance imposes a greater restriction than is required by existing ordinance or by rules, regulations, or permits, the provisions of this ordinance shall control.

(b)

Vested rights. Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and all rights are hereby declared to be subject to such subsequent amendment, change or modification hereof as may be necessary for the preservation or protection of public health, safety, and welfare.

Sections of this ordinance shall be deemed to be severable and should any section, paragraph, or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

The prior zoning ordinance adopted by the City of Zeeland, and all amendments thereto, are hereby repealed. The repeal does not affect any act done or offense committed, or any liability, penalty, forfeiture, or punishment acquired thereunder. The repeal does not include the Official Zoning Map of the City of Zeeland Zoning Ordinance, which is hereby adopted as a part of this ordinance.

The following rules apply to the text of this ordinance:

(1)

The particular shall control the general.

(2)

In the case of any difference in meaning or implication between the text of this ordinance and any caption on an illustration, the text shall control.

(3)

The term "shall" is always mandatory and not discretionary. The term "may" is permissive. The term "may" refers to "discretionary standards." The term "shall" refers to "nondiscretionary standards."

(4)

Terms used in the present tense shall include the future; and terms used in the singular number shall include the plural; and the plural shall include the singular, unless the context clearly indicates the contrary.

(5)

A "building" or "structure" includes any part thereof.

(6)

The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(7)

Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.

a.

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

b.

"Or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

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

d.

Any reference to a local, state or federal law shall include any amendment or any successor law. Any reference to a local, state or federal agency or officer shall include any successor agency or officer.

(8)

A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

(9)

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

Accessory building means a subordinate building on the same premises with a main building occupied or devoted to an accessory use; for example, a private garage.

Accessory use oraccessory means a use of a zoning lot which is clearly incidental to the principal use of the lot and customarily found in connection with the principal use. When the term "accessory" is used in this text, it shall have the same meaning as accessory use.

Adult bookstore means an enclosed building used for the sale of motion picture films, videocassettes, magazines, posters, and other printed material, or tapes, or sex objects for other than contraceptive purposes, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this ordinance, for sale to patrons therein.

Adult live entertainment theater means an enclosed building for presenting live entertainment involving the use of strip dancers, naked individuals, individuals who wear see-through clothing which permits the view of specified anatomical areas, individuals who are partially clothed and partially unclothed so as to permit the view of specified anatomical areas, or individuals conducting specified sexual activities, as defined in this ordinance.

Adult motion picture theater means an enclosed building used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this ordinance, for observation by patrons therein.

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.

Appeal means the process available to any person seeking relief from the denied approval of a decision of the zoning administrator's office.

Arterial means an arterial roadway as designated in the City of Zeeland master plan.

Average grade means the average finished ground elevation at the center of all walls of a building 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 or structure being measured.

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 establishment means a house, or portion thereof, where short-term lodging rooms and meals are provided as a commercial operation.

Berm means a mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual or audible screening purposes.

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 stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

Body shop means any building, premises, or land in which or upon which the primary use is the servicing, repair, or painting of motor vehicles.

Buffer strip means a strip of land required between certain zoning districts reserved for plant material, berms, walls, or fencing to serve as a visual barrier.

Building means a structure erected on site, pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

Building line means a line formed by the eave of the building, or the most horizontal appendage of the building, and for the purposes of this ordinance, a minimum building line is the same as the front setback. (See also Article III, District Regulations, and Section 4.112, concerning projections into yards.)

Certificate of occupancy means a document signed by an authorized city official as a condition precedent to the commencement of a use of a structure or building which acknowledges that such use, structure or building complies with the provisions of the zoning ordinance and other applicable codes.

Child care center means a facility licensed by the state, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. The term "child care center" or "day care center" includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. Child care center or day care center does not include any of the following:

(1)

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three 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 12-month period.

(2)

A facility operated by a religious organization where children are in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.

(3)

A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

(4)

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

City council or council means the City Council of the City of Zeeland.

Club means an organization or persons for special purposes such as sports, arts, sciences, literature, politics, or the like, but not operated for profit.

Commercial storage warehouse means a building used primarily as a commercial business for the storage of goods and materials.

Company store means a retail or wholesale outlet for a business with a production plant which is located within the City of Zeeland. A company store may either be operated by such a manufacturing company or it may be operated by an entity with a distribution contract from a business which manufactures products within the City of Zeeland. A company store may sell products for more than one industry or business subject to the terms of this section. A company store is not a store which provides the primary means or mechanism by which a business sells its products to the general public. The goods which are to be sold in a company store shall be limited to those items which such business manufactures or which a business utilizes in the manufacturing of its products.

Conditional use. See Special land use.

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

Dimensional variance. See Non-use variance, also Use variance.

Discretionary standards refers to general, qualitative standards or criteria in the ordinance which are left to the discretion or judgment of the proper authority as to how they are applied. Once determined, they must be met or complied with (subject to appeal). Discretionary standards are used primarily in reviews of site plans, PUDs and special land uses. Examples of discretionary standards are requirements including, but not limited to, standards or terms such as: "safe," "convenient," "uncongested," "well-defined vehicular and pedestrian circulation," and "uses adequately buffered from surrounding public and private property."

Drive-through business means a business establishment so developed that its retail or service character provides a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle either exclusively or in addition to service within a building or structure, or to provide self-service for patrons and food carry-out.

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

Dwelling, single-family detached, means a dwelling designed exclusively for and occupied exclusively by one family.

Dwelling, two-family, means a dwelling designed exclusively for occupancy by two families living independently of each other.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, etc.

Essential public 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, distribution, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, tanks, equipment and structures housing such tanks and equipment for the clean water plant and the wastewater system, and buildings and structures for a cemetery which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare, but not including other governmental buildings and storage yards.

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

Family means one person residing in a household; two or more persons related by blood, marriage, adoption or legal arrangement, including foster children and servants, residing together; or three or fewer unrelated persons residing together as one housekeeping unit in a dwelling unit.

Family child care home means a private home licensed by the state in which one but fewer than seven minor children are received for care and supervision for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The term "family child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would, according to the Internal Revenue Code of 1986, obligate the child's parent or guardian to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services.

Farm means a contiguous parcel of land of not less than five acres in area, directly farmed or used for commercial agriculture by the owner-operator, manager, or tenant farmer by his own labor or with assistance of members of his household or hired employees. A farm includes a farm dwelling and accessory buildings necessary for the storage or housing of farm implements, products, or animals, or used for the operation of the farm. Farms may include greenhouses, nurseries, orchards, hatcheries, dairy farms, poultry farms, piggeries, commercial feedlots, apiaries, truck farms, and forestry operations. Fish hatcheries, stockyards, recreation parks, stone quarries, gravel, dirt or sand pits, keeping fur-bearing animals or game, kennels, stables, riding academies, or mineral extraction are not considered farm uses.

Floor area, gross, means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls.

Floor area, usable, for the purposes of computing parking, means 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. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities or sanitary facilities shall be excluded from the 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 walls.

Grade means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25 percent.

Greenbelt means a strip of land of definite width and location reserved for the planting of shrubs, trees, or grasses to serve as an obscuring screen or buffer strip in carrying out the requirements of this ordinance.

Group child care home means a private home licensed by the state in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group child care home includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.

Height means the vertical distance measured from the average grade to the highest point of a structure. In the case of a building, height shall be measured from the average grade to the highest point of the roof surface for a flat roof; to the deck line of mansard roofs; and to the midpoint between the eaves and ridge for gable, hip, and gambrel roofs.

Home occupation means an occupation or profession that is clearly a customary, incidental, and secondary use of a residential dwelling unit.

Hotel or motel means a facility offering lodging accommodations for travelers on a daily rate to the general public and which may or may not provide additional services, such as restaurants, meeting rooms, and recreational facilities.

Housing for the elderly means a building or group of buildings containing dwellings where the occupancy of dwellings is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. This does not include a development that contains convalescent or nursing home as licensed under the Public Health Code (MCL 333.1101 et seq.).

Inoperable vehicle means any wheeled vehicle which is self-propelled or which is intended to be self-propelled and which is in any one of the following situations or conditions:

(1)

By reason of dismantling, disrepair or other cause whatsoever is incapable of being propelled under its own power at highway speeds for a reasonable period of time and if such vehicle is parked outside of a building;

(2)

It does not display or have affixed thereto a current license plate and a current registration tag as required by the State of Michigan for the purpose of operating such vehicle upon public roads or streets and if such vehicle is parked outside of a building;

(3)

It has two or more flat tires or is missing two or more tires, and if such vehicle is parked outside of a building, and if such vehicle is not parked at a licensed motor vehicle repair facility or a licensed junkyard;

(4)

It is mounted or supported, in whole or in part, on fixed supports or blocks outside of a building for more than two days and if such vehicle is not parked at a licensed motor vehicle repair facility or a licensed junkyard; or,

(5)

It has not been moved from where it is parked for more than 60 days, and if such vehicle is located on a lot which is not licensed by the State of Michigan for the sale or repair of motor vehicles, at a licensed junkyard, or if the lot is not an approved parking lot which has been approved in a site plan by the Zeeland Planning Commission for the parking or storage of motor vehicles.

Junk means:

(1)

Any worn out or discarded materials including, but not necessarily limited to, scrap metal, inoperable motor vehicles and parts, construction material, household wastes, including garbage and discarded appliances, and yard debris.

(2)

The term "junk" shall also include:

a.

A tree which has fallen because of a storm, disease, or accident or which has been cut down and which has not been cut into small pieces after 30 days;

b.

A large limb which has fallen or which has been cut down and which has not been cut into small pieces after 30 days;

c.

A stump of a tree which is not ground up within 90 days after the tree has fallen or has been cut down;

d.

Unprocessed wood which is not suitable for residential burning and which has not been cut into small pieces for more than 30 days; and,

e.

Small pieces of firewood which remain unstacked for more than 30 days.

Unprocessed wood is wood which is no longer part of a living tree and which is too large to burn in an indoor fireplace. A small piece of wood for purposes of this definition is a piece of wood which is cut and which will fit into an average sized residential fireplace.

Junkyard means an open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled. These materials include, but are not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

Kennel, commercial, means any lot or premises on which three or more dogs, cats, or other household pets six months of age or older are either permanently or temporarily boarded for commercial purposes. A kennel shall also include any lot or premises where household pets are bred or sold for commercial purposes.

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

Lot means a parcel, vacant land, occupied land, or land intended to be occupied by a building and accessory buildings, or utilized for the principal accessory use together with yards and open spaces required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records.

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

Lot, corner, means any lot having at least two contiguous sides abutting upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135 degrees.

Lot coverage means the part of the lot occupied by any building, 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, flag, means a lot with access provided to the bulk of the lot by means of a narrow corridor fronting on a public street.

Lot, interior, means a lot other than a corner lot, flag lot, or through lot.

Lot lines means the lines bounding a lot as defined herein:

(1)

Front lot line means, in the case of an interior lot, the line separating the lot from the street. In the case of a through lot, it is that line separating said lot from either street.

(2)

Rear lot line means that lot line opposite the front lot line. In the case of a lot which is 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 means 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 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, which actually exists as shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot, through, means any interior lot having frontage on two parallel streets. In the case of a row of through lots, all yards of said lots adjacent to streets shall be considered frontage, and through-yard setbacks shall be provided as required.

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.

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

Manufactured home means a transportable, factory-built home, designed to be used as a year-round residential dwelling.

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

Massage parlor means any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area, nor practices of massage therapists who meet one or more of the following criteria:

(1)

Official transcripts verifying completion of at least 300 hours of massage training from an American community college or university, plus three references from massage therapists who are professional members of a massage association referred to in this definition;

(2)

Certificate of professional membership in the American Massage Therapy Association, International Myomassethics Federation, or any other recognized massage association with equivalent professional membership standards; or,

(3)

A current occupational license from another state.

Master plan means the master plan currently adopted by the City of Zeeland, 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.

Michigan Zoning Enabling Act means the Michigan Public Act No. 110 of 2006, as amended (MCL 125.3101 et seq.).

Nonconforming building means a building or portion thereof lawfully existing at the effective date of this ordinance or amendments thereto and not conforming to the provisions of the zoning ordinance in the district in which it is located.

Nonconforming use means a use of land or a building that was lawfully in existence prior to the adoption of the current zoning ordinance or amendments thereto, and is therefore permitted to continue in accordance with or subject to any applicable provisions of the zoning ordinance or other applicable ordinances, even though it no longer conforms.

Nondiscretionary standards means specific, measurable quantitative standards or criteria in the ordinance. Nondiscretionary standards must be met or complied with (though subject to appeal). Nondiscretionary standards are considered primarily in appeals for relief from the dimensional standards spelled out in the ordinance. Examples of nondiscretionary standards are requirements including, but are not limited to, setback distances, lot sizes, and density requirements.

Nonuse variance, often called dimensional variance. These variances usually involve dimensional matters. They are essentially any variances that do not fit the definition of a use variance (which see). (See also Practical difficulty.)

Off-street parking lot means a facility providing parking spaces, along with adequate drives, maneuvering areas and aisles, for the parking of more than three vehicles.

Open air business means a retail sales establishment operated substantially in the open air, including:

(1)

Bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sales, repair or rental services.

(2)

Outdoor display area and sale of garages, motor homes, recreational vehicles, manufactured homes, snowmobiles, swimming pools and similar activities, but not including farm implements or commercial construction equipment.

(3)

Retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment, but not including lumberyards.

(4)

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement parks or similar recreational uses (transient or permanent).

Ordinance interpretation. This is one of the powers granted to the zoning board of appeals, allowing them to determine what any alleged unclear provision of the zoning ordinance means or where a line actually falls on the zoning map.

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

Personal service establishment means a commercial business conducting services that are performed primarily on the premises.

Planned industrial park means a development of land, used primarily for industrial and related uses, that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Planned unit development (PUD) means a development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Planning commission or commission means the City of Zeeland Planning Commission.

Practical difficulty. This is the general definition of what the zoning board of appeals must find in order to grant a variance in nonuse cases. A practical difficulty cannot exist in situations that are not unique to the property in question, that would deny the appellant substantial property rights, that were caused by actions of the applicant, and that will compromise the health, safety and welfare of the community. The test for practical difficulty is found in Section 2.205 of the zoning ordinance.

Principal use means the main use to which the premises are devoted.

Public utility means a person, firm, or corporation, municipal department, board or commission duly authorized to furnish to the public under federal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

Quasi-judicial. The zoning board of appeals can be thus described, for its sole purpose is to make judgements related to appeals of administrative decisions. As such, it has no legislative or executive authority.

Recreational vehicle or equipment means vehicles or equipment used primarily for recreational purposes. For the purpose of this ordinance, the term "recreational vehicle" shall mean:

(1)

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

(2)

Boats and trailers designed to transport boats;

(3)

Snowmobiles and trailers designed to transport snowmobiles;

(4)

Off-road vehicles and trailers designed to transport off-road vehicles;

(5)

Pop-up tent and camper trailers;

(6)

Other similar vehicles deemed by the zoning administrator to be a recreational vehicle.

The term "recreational vehicle" shall not include motorcycles or motorbikes or other similar means of transportation intended primarily for on-street use.

Recycling center means a building or premises where used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. A recycling center shall not include a facility in which all of its manufacturing and/or processing operations occur inside of an enclosed building, including but not limited to, the unloading of material which is to be recycled, the storage of unrecycled and recycled material, the loading of the recycled material, and the placing of unrecyclable waste products into dumpsters.

Roominghouse means a dwelling unit in which individual rooms are rented out or in which rooms are attempted to be rented out to the public for two or more roomers or boarders for periods in excess of three days and which has not been recognized by the city as being a permitted bed and breakfast, a hotel, or motel. A dwelling unit will still be considered a roominghouse if tenants are permitted to use the kitchen and/or other rooms of the dwelling unit in conjunction with the lessees of other rooms and/or the family and/or individual owning or leasing such home.

Salvage yard means an open space where waste, surplus, discarded, or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including house wrecking and structural steel materials and equipment and automobile wrecking.

Satellite dish antenna means an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Secondary street means the street on a corner lot which is not fronting on the street which is considered as the street for the determination of the front yard.

Setback means the distance required to obtain minimum front, side or rear yard open space provisions of this ordinance.

Sign definitions.

(1)

Awning means a retractable or fixed shelter constructed of nonrigid materials on a supporting framework that projects from the exterior wall of a building.

(2)

Awning sign means a sign affixed flat against the surface of an awning or hung from underneath an awning or a canopy.

(3)

Balloon sign means a sign composed of a nonporous bag of material filled with air.

(4)

Banner sign means a fabric, plastic, or other sign made of nonrigid material without an enclosing structural framework.

(5)

Billboard means a sign which advertises an establishment, product, service, or activity not available on the lot on which the sign is located.

(6)

Construction sign means a sign which identifies the owners, financiers, contractors, architects, and engineers of a project under construction.

(7)

Directional sign means a sign which gives directions, instructions, or facility information for the use on the lot on which the sign is located, such as parking or exit and entrance signs.

(8)

Event sign means a sign which is a freestanding sign within the public facilities district, but which also advertises events occurring on the premises for its members or for the general public.

(9)

Facility means a building with a principle use within the public facilities district.

(10)

Freestanding sign means a sign supported on poles not attached to a building or wall.

(11)

Government sign means a temporary or permanent sign erected by the City of Zeeland, Ottawa County, or the state or federal government.

(12)

Ground sign means a sign resting directly on the ground or supported by short poles not attached to a building or wall.

(13)

Marquee means a permanent structure constructed of rigid materials that projects from the exterior wall of a building.

(14)

Marquee sign means a sign affixed flat against the surface of a marquee.

(15)

Mural means a design or representation painted or drawn on a wall which does not advertise an establishment, product, service, or activity.

(16)

Placard means a sign not exceeding two square feet which provides notices of a public nature, such as "No Trespassing" or "No Hunting" signs.

(17)

Political sign means a temporary sign used in connection with an official City of Zeeland, school district, county, state, or federal election or referendum.

(18)

Portable sign means a sign designed to be moved easily and not permanently attached to the ground, a structure, or a building.

(19)

Projecting sign means a double-faced sign attached to a building or wall that extends more than 12 inches but not more than 36 inches from the face of the building or wall.

(20)

Reader board means a portion of a sign on which copy is changed.

(21)

Real estate sign means a sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.

(22)

Roof line means the top edge of a roof or parapet wall, whichever is higher, but excluding any cupolas, chimneys, or other minor projections.

(23)

Roof sign means a sign erected above the roof line of a building.

(24)

Sign means a device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying an establishment, product, service, or activity.

(25)

Special event sign means a temporary sign, including portable signs, containing public messages concerning special events sponsored by governmental agencies or nonprofit organizations.

(26)

Temporary sign means a sign which is not weather resistant, such as signs made out of paper or cardboard, and which is intended to be displayed for a short period of time.

(27)

Wall sign means a sign painted or attached directly to and parallel to the exterior wall of a building extending no greater than 12 inches from the exterior face of the wall to which it is attached.

(28)

Window sign means a sign installed inside a window and intended to be viewed from the outside.

Significant natural feature means a natural area as designated by the planning commission, city council, or the Michigan Department of Natural Resources and Environment which exhibits unique topographic, ecological, hydrological, or historical characteristics such as a wetland, floodplain, water features, or other unique natural features.

Special land use means uses in particular districts that require adherence to certain standards spelled out in the ordinance.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and,

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or,

(3)

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

Story means that part of a building included between the surface of any floor above the average grade or ground at the foundation and the surface of the next floor, or, if there is no floor above, then the ceiling next above.

Story, half, means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet. For the purpose of this ordinance, the usable floor area is only that area having at least five feet clear height between floor and ceiling.

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

Street, collector, means a collector as designated in the City of Zeeland's master plan; a street that conducts and distributes traffic between other residential streets of lower order in the street hierarchy.

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

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or the Michigan Register of Historic Places.

Truck terminal means a building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.

Unnecessary hardship means the general definition of what the zoning board of appeals must find in order to grant a variance in use cases. An unnecessary hardship cannot exist when the property can yield a reasonable return if used in a way allowed within the district in which it is located, if the circumstances are not unique to the property in question, if the proposed use would alter the essential nature of the neighborhood, and if the request will compromise the health, safety and welfare of the community. The test for unnecessary hardship is found in Section 2.205.

Use variance means the use of property that otherwise is not permitted by the zoning ordinance. (See Unnecessary hardship.)

Vehicle service station means a building and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and other similar motor vehicle accessories.

Waste dumpster means a container used for the temporary storage of rubbish and/or materials to be recycled pending collection, having capacity of at least one cubic yard.

Yards means the open spaces on the same lot with a main building that are unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance, and as defined herein. Unless otherwise provided, in the case of overlapping yard requirements, the most restrictive yard requirements shall be applicable.

(1)

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the building line of the main building.

(2)

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

(3)

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

Yard, required, means the required yard shall be that set forth in Article III of the Zeeland Zoning Ordinance as the minimum yard requirement for each district.

Zoning administrator means the person designated by the city council to administer the provisions of this zoning ordinance.

Zoning board of appeals means the zoning board of appeals of the City of Zeeland.