Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of New Haven, MI
Macomb County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
For the purpose of this chapter, certain words and tenses used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural, and the plural includes the singular.
C. 
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
D. 
The term "shall" is mandatory, the word "may" is permissive.
E. 
The words "used" or "occupied" include the words "intended," "designed" or "arranged."
F. 
The word "lot" includes the words "plot" or "parcel."
G. 
Terms not defined herein shall have the meanings customarily assigned to them.
For the purpose of this chapter, the following words and terms shall be defined as follows:
ABUTTING
Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
ACCESSORY APARTMENT
An accessory dwelling unit within or structurally added to an existing single-family detached dwelling or commercial building. Such a dwelling unit is an accessory use to the main dwelling.
ACCESSORY BUILDING OR STRUCTURE
A building or structure on the same parcel of land as the principal building or buildings, structure or use of land, the use of which is incidental, customary and subordinate to that of the principal building or use.
ACCESSORY USE
A use of land or structure, or portion thereof, clearly customary, incidental and subordinate to the principal use on the same lot to which it is related. When "accessory" is used in the text, it shall have the same meaning as accessory use.
ADULT FOSTER CARE SMALL GROUP HOME
A facility with the approved capacity to receive more than seven but fewer than 12 adults, who are provided supervision, personal care and protection in addition to room and board for 24 hours a day, five or more days a week, and for two or more consecutive weeks, for compensation.
ADULT FOSTER CARE LARGE GROUP HOME
A facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection in addition to room and board for 24 hours a day, five or more days a week, and for two or more consecutive weeks, for compensation.
AGRICULTURE
The soil-dependent cultivation of crops or the raising of farm animals for primarily commercial purposes, in accordance with generally accepted farming practices.
AGRICULTURAL LAND
Substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.
AIRPORT APPROACH PLAN AND AIRPORT LAYOUT PLAN
A plan, or an amendments to a plan, filed with the Planning Commission under section 151 of the Aeronautics Code of the State of Michigan, 1945 P.A. 327, MCLA § 259.151.
AIRPORT MANAGER
That term as defined in section 10 of the Aeronautics Code of the State of Michigan, 1945 P.A. 327, MCLA § 259.10.
AIRPORT ZONING REGULATIONS
Airport zoning regulations under the Airport Zoning Act, 1950 (Ex. Sess.) P.A. 23, MCLA §§ 259.431 to 259.465, for an airport hazard area that lies in whole or part in the area affected by a zoning ordinance.
ARCHITECTURAL FEATURES
A prominent or significant part or element of a structure. Architectural features include, but are not limited to, cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
AUTOMOBILE SERVICE STATION
See "vehicle convenience station, vehicle repair garage, and vehicle service center."
BASEMENT
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. If the vertical distance from the average grade to the ceiling is over five feet, such basement shall be counted as a story. An approved earth-sheltered building shall not be considered a basement.
If "A" is greater than "B", "C" is a story.
If "B" is greater than "A", "C" is a story.
515 Basement.tif
BED-AND-BREAKFAST INN
An owner-occupied, single-family dwelling in which the owner/operator provides overnight accommodations to guests in return for payment and without kitchen facilities for serving or preparing meals for the overnight guests which are separate from those for the residence.
BLOCK
The property abutting one side of a street and lying between the two nearest intersecting streets, or between one intersecting street and a railroad right-of-way, unsubdivided acreage or stream, or between any of the foregoing and any other barrier to the continuity of development. In areas without identifiable blocks, a block shall constitute an area not more than 1/8 mile on either side of the building or building site.
BOARDINGHOUSE
A building, other than a hotel or bed-and-breakfast inn, where, for compensation and/or prearrangement for periods exceeding seven days, lodging and meals are provided for three or more persons, which may include one dwelling unit for occupancy by management. The terms "boardinghouse" and "rooming house" are used synonymously in this chapter.
BOARD OF APPEALS
The Zoning Board of Appeals of the Village of New Haven.
BUILDING
Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals or property of any kind.
BUILDING, ACCESSORY
See "accessory structure."
BUILDING HEIGHT
The vertical distance from the average grade to the highest point of the roof surface on a flat roof, to the deckline of mansard roofs, and to the mean height between the eaves and the ridge for gable, shed, hip and gambrel roofs. Where a building is located on a hill or other grade change, building height shall be measured from the average grade along each of the building walls (see graphic).
BUILDING HEIGHT
515 Building Height.tif
BUILDING, PRINCIPAL
A building or group of buildings in which is conducted the principal use of the lot or parcel on which said building is situated.
CANOPY
A structure other than an awning which may or may not be affixed to a building and carried by a frame which is supported by the ground.
CELLAR
See "basement."
CHANGE OF USE
Any use that differs substantially from the previous use of a building, land or combination thereof.
CHURCH
A building or group of buildings that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. A place of worship.
CLINIC
An establishment where human patients who are not lodged overnight are admitted for examination and treatment by physicians, dentists or similar professionals on an outpatient basis. This definition includes outpatient ambulatory care centers but does not include hospitals or other health care facilities where patients are lodged overnight.
CO-LOCATION
The location by two or more wireless communications providers of wireless communications facilities on a common structure, tower or building.
COMMERCIAL VEHICLE
Any motor vehicle which is licensed by the State of Michigan as a commercial vehicle.
CONDOMINIUM DEFINITIONS
As used in this chapter, the following words, terms and phrases are defined and, where applicable, equate words and terms utilized in the Condominium Act with words and terms used in this Zoning Ordinance:
A. 
CONDOMINIUM ACTState of Michigan Public Act 59 of 1978, as amended.
B. 
CONDOMINIUM BUILDING SITEThat area containing the condominium unit envelope and its associated limited common elements, which together shall equate to a lot as defined and regulated in the Zoning Ordinance.
C. 
CONDOMINIUM PROJECTA plan or project consisting of not less than two condominium unit envelopes if established and approved in conformance with the Condominium Act (Public Act 59 of 1978).
D. 
CONDOMINIUM PLANThe site, survey and utility plans, floodplain plans and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land. The "condominium plan," for the purpose of this chapter, shall include the master deed and bylaws of the proposed condominium.
E. 
CONDOMINIUM UNIT ENVELOPEThat portion of a condominium building site which contains the principal building(s) and which is designed and intended for separate ownership and use, as described in the master deed.
F. 
EQUIVALENT WORD, TERMThose words, terms and phrases in the Zoning Ordinance which correspond to that word, term or phrase set forth in this definitions section.
G. 
GENERAL COMMON ELEMENTSThe portion of the condominium project other than the condominium unit envelope and limited common elements.
H. 
LIMITED COMMON ELEMENTSA portion of the common elements reserved in the master deed for the exclusive use of less than all co-owners.
I. 
MASTER DEEDThe condominium document recording the condominium project with the state, as approved by the Planning Commission, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium plan for the project.
J. 
MOBILE HOME CONDOMINIUM PROJECTA condominium project in which mobile homes are intended to be located upon separate condominium unit envelopes.
K. 
SETBACK EQUIVALENTThe distance between the boundary of the condominium unit envelope and the outer boundary of the limited common element for that unit or, where no limited common element is provided, the distance between the nearest point on the condominium dwelling or structure and the outer boundary of the condominium unit envelope.
L. 
SITE CONDOMINIUMThe development of land under the Condominium Act in which condominium building sites are created to accommodate detached condominium unit envelopes.
M. 
YARD AREAThat area of a condominium building site which contains the front, sides and rear yards.
CONSERVATION EASEMENT
That term as defined on section 2140 of the Natural Resources and Environmental Protection Act, 1994 P.A. 451, MCLA § 324.2140.
CONVALESCENT OR REST HOME
A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care on a long-term twenty-four-hour basis.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same.
DEVELOPMENT RIGHTS
The rights to develop land to the maximum intensity of development authorized by law.
DEVELOPMENT RIGHTS ORDINANCE
An ordinance, which may comprise part of a zoning ordinance, adopted under section 308 of the Michigan Zoning Enabling Act.[1]
DENSITY
The number of dwelling units developed on an acre of land.
DOMESTIC ANIMAL
Animals which are ordinary household pets and kept for pleasure.
DRIVEWAY
A passageway of definite width, primarily for use by motor vehicles, over private property, leading from a street or other public way to a garage or parking area. A horseshoe-shape drive or a T-shape drive located within a front yard is included within this definition.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof containing three or more dwelling units used exclusively for human habitation.
DWELLING, ONE-FAMILY (SINGLE-FAMILY)
A detached building containing one dwelling unit used exclusively for human habitation.
DWELLING, PREMANUFACTURED (OR MODULAR HOME)
A detached one-family dwelling unit used exclusively for human habitation, constructed according to special rules promulgated by the State Construction Code Commission and in compliance with BOCA 1996, as adopted by the Village, exclusively designed for placement on a permanent foundation, and assembled at other than the final location by a repetitive process generally recognized as systems or component building and under circumstances intended to ensure uniformity of quality and material content. The term does not include a mobile home.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, TWO-FAMILY
A detached building on a single lot containing two attached dwelling units.
DWELLING UNIT
A building or portion thereof on a permanent foundation with provisions for sleeping, cooking, and sanitation, and with permanent connections to utilities, providing independent living space for one family.
EFFICIENCY APARTMENT
A dwelling unit with a bathroom and principal kitchen facilities designed as a self-contained unit for living, cooking and sleeping purposes and having no separate, designated bedroom.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or Village departments of underground, surface or overhead gas, electrical, steam, fuel or water distribution systems, collection, wire communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings or wireless communications facilities, which are necessary for the furnishing of adequate services to the Village by such utilities or Village departments for general health, safety or welfare.
FAMILY
An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any group of individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration.
FAMILY DAY-CARE HOME
Those terms as defined in section 1 of 1973 P.A. 116, MCLA § 722.111, and only apply to the bona fide private residence of the operator of the family or group day-care home.
FARM BUILDING
Any building or structure existing or proposed to be constructed on a farm incidental to and customarily used for farm purposes, except a dwelling unit.
FARM PONDS
For the purposes of this chapter, farm ponds are not considered a structure but are considered a use incidental to farming or agricultural purposes.
FARM, HOBBY
See "hobby farm."
FENCE
A constructed barrier erected to enhance, screen or separate areas.
FLOOR AREA, GROSS (TOTAL)
The total horizontal area of all floors of a building, measured from the exterior faces of the exterior walls and including all habitable basement areas, as determined by the Building Code.[2] For nonresidential buildings, the floor area shall include accessory buildings and all basement space used for activities related to the principal use.
FLOOR AREA, USABLE: NONRESIDENTIAL
That area used for or intended to be used for the sale of merchandise or service, 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.
515 Floor Area.tif
FLOOR AREA, USABLE: RESIDENTIAL
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 center line of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed porches.
FLOOR AREA RATIO (FAR)
Gross floor area of all buildings or structures on a lot divided by the total lot area.
FRONTAGE
That portion of any property abutting a public or private road right-of-way.
GARAGE, PRIVATE
An accessory structure which is designed and intended for storing one or more vehicles for private rather than public, commercial or industrial purposes. Garages attached to dwellings shall be deemed a part of the dwelling for purposes of determining yard requirements but not floor area.
GAS STATION
See "vehicle service station."
GRADE
The average elevation of the finished surface of the ground adjacent to the exterior wall of a building or structure.
GREENBELT
A strip of land of specified width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen, buffer strip or landscaped open space.
GREENWAY
A contiguous or linear open space, including habitats, wildlife corridors and trails, that links parks, nature reserves, cultural features or historic sites with each other for recreation and conservation purposes.
GROUP DAY-CARE FACILITY
A nonresidential building or structure where care, protection and supervision are provided on a regular schedule, at least twice a week, to either children or adults.
GROUP DAY-CARE HOME
Those terms as defined in section 1 of 1973 P.A. 116, MCLA § 722.111, and only apply to the bona fide private residence of the operator of the family or group day-care home.
HOBBY FARM
A farm which is limited in scale, operated on a part-time basis primarily for pleasure.
HOME OCCUPATION
Home occupations shall be limited to an occupation, activity or hobby that is traditionally or customarily carried on within the walls of a dwelling unit, provided that such occupation is incidental to the residential use to the extent that not more than 20% of the gross floor area of the principal building or 50% of the accessory building shall be occupied by such occupation.
HOME, NURSING
See "convalescent or rest home."
HOSPITAL
A health care institution which provides medical and surgical care to humans on an inpatient basis and which may include such related activities as laboratories, outpatient clinics, training facilities, offices, and central service operations.
HOTEL/MOTEL
A facility offering transient lodging accommodations to the general public and which may include additional services such as restaurant, meeting rooms, entertainment and indoor recreational activities.
HOUSING, ASSISTED LIVING
See "convalescent or rest home."
HOUSING, CONGREGATE ELDERLY
Living units consisting of dwelling units containing kitchen, sanitary, sleeping and living spaces in addition to common service areas, including, but not limited to, central dining room(s), recreational room(s) and central lounges. Congregate elderly housing does not include group adult foster care homes.
HOUSING, INDEPENDENT ELDERLY
Living units that may include attached or detached cottage-type dwellings, townhouses or apartments consistent with all provisions of this chapter otherwise applicable to such dwellings.
IMPROVEMENTS
Those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. Improvements do not include the entire project that is the subject of zoning approval.
INTENSITY OF DEVELOPMENT
The height, bulk, area, density, setback, use and other similar characteristics of a development.
JUNKYARD (SALVAGE/RECYCLING YARD.)
An open area used for the purchase, sales, exchange, disassembly, storage, processing, bailing or packaging of any scrap, waste, reclaimable materials or debris, whether or not stored for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of or used, including but not limited to scrap metals, unusable machinery or motor vehicles, tires, bottles and paper, excluding uses established entirely within enclosed buildings. Specifically included are storage areas for motor vehicles not movable under their own power.
KENNEL, COMMERCIAL
An establishment where three or more domestic animals are kept for sale, boarding, breeding or training purposes for remuneration, or where seven or more domestic animals over the age of one year are kept for any reason.
KENNEL, PRIVATE
An area where more than three but less than seven domestic animals over the age of one year are kept for recreation or personal use.
LANDFILL, SANITARY
A tract of land developed, designed and operated for the disposal of solid waste in conformance with Act 641 of the Michigan Public Acts of 1978, as amended, and any rules or regulations established based on this act.
LARGE ANIMALS
Farm animals and other similar animals which are customarily raised on a farm. A large animal unit, as regulated in this chapter, shall be the equivalent of the following numbers of such animals:
Horses
1
Cattle
1
Ponies
2
Pigs
2
Sheep
2
Goats
2
Ostriches/Emu
2
LEGISLATIVE BODY
The Village Council of the Village of New Haven.
LOCAL UNIT OF GOVERNMENT
The Village of New Haven.
LOT
A single tract or parcel of land established by plat, subdivision, land division or as otherwise permitted by law. To satisfy the requirements of this chapter, a lot may include one or more lots of record.
LOT AREA
The total horizontal area within the lot lines of a lot, excluding any public or private street right-of-way or easement area.
LOT, CORNER
Any lot located at the intersection of two streets. A lot on a curved street shall be considered a corner lot if the intersection of the two front lot lines forms an interior angle of less than 135°.
LOT COVERAGE
That part or percent of the lot occupied by principal and accessory buildings.
LOT DEPTH
The horizontal distance between the front and rear lot lines measured along the median between the side lot lines.
LOT, DOUBLE FRONTAGE
An interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot; a through lot.
LOT, FLAG
A lot which does not meet minimum frontage requirements, where access to an adjacent public or private road is provided by a narrow, private driveway easement or driveway, and where the remainder of the lot, exclusive of the private driveway area, conforms with minimum lot width, area and design requirements.
LOT, INTERIOR
Any lot other than a corner lot or through lot.
LOT LINES (PROPERTY LINES)
The lines bounding a lot as defined herein:
A. 
FRONT LOT LINEIn the case of an interior lot, the line separating the lot from a public or private road right-of-way. In the case of a corner lot or through lot, the line separating the lot from either road right-of-way.
B. 
REAR LOT LINESThat line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be a line parallel to the front lot line which is 10 feet long, lying farthest from the front lot line and wholly within the lot. For corner lots with two front lot lines, that line opposite the front lot line upon which the front of the principal structure faces.
C. 
SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. A lot line separating a lot from a public or private road right-of-way is a front lot line.
LOT OF RECORD
A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds, or any parcel which has been separated therefrom in accordance with the provisions of the Land Division Act and which exists as described.
LOT, THROUGH
A double frontage lot.
TYPES OF LOTS
515 Types of Lots.tif
LOT WIDTH
If the side property lines are parallel, the shortest distance between the side lines; or if the side property lines are not parallel, the width of the lot shall be the length of a straight line connecting the side lot lines at a right angle to the axis of the lot, as measured at the setback line. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. In the case of a flag lot, lot width shall be measured as both the distance of a straight line connecting the side lot lines at a right angle to the axis in the "flag" portion of the lot only and the distance of a straight line, perpendicular to the road, between the rear property line and the property line parallel and closest to the road.
LOT WIDTH
515 Lot Width.tif
MASTER PLAN
The adopted Village of New Haven Master Plan.
MOBILE HOME
A detached, portable, single-family dwelling unit, prefabricated on its own chassis according to federal standards, to be transported after fabrication to a location where it will be connected to existing utilities and utilized for long-term occupancy as a complete dwelling. This definition does not include a travel trailer.
MOBILE HOME PARK
A parcel of land developed in conformity with Michigan Public Act 419 of 1976, as amended. A manufactured housing community.
MOBILE HOME PARK LICENSE
A license issued by the Mobile Home Commission allowing a person to operate and maintain a mobile home park under the provisions of Michigan Public Act 419 of 1976, as amended.
MOTEL
See "hotel."
NONCONFORMING BUILDING (STRUCTURE)
A building or structure (or portion thereof) lawfully existing at the time of adoption of this chapter or a subsequent amendment thereto that does not conform to the provisions of this chapter.
NONCONFORMING LOT
A lot which exists as a legal lot of record and which existed as a legal lot of record at the effective date of adoption or amendment of this chapter which does not conform to the lot requirements of this chapter.
NONCONFORMING SIGN
A sign lawfully existing at the effective date of the adoption of this chapter or a subsequent amendment thereto which does not adhere to the provisions contained in this chapter.
NONCONFORMING USE
A use of a building or structure or of a parcel or tract of land lawfully existing at the time of adoption of this chapter or a subsequent amendment thereto that does not conform to the regulations of this chapter for the zoning district in which it is situated.
NONCONFORMING USE AND BUILDING
A use and a building lawfully existing at the time of adoption of this chapter or a subsequent amendment thereto which does not conform to the regulations of this chapter for the zoning district in which it is situated.
NURSERY, PLANT MATERIALS
A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for sale on the premises, including products used for gardening or landscaping. This definition does not include the sale of fruits, vegetables or Christmas trees.
NURSERY SCHOOL
See "group day-care facilities."
OTHER ELIGIBLE LAND
Land that has a common property line with agricultural land from which development rights have been purchased and is not divided from that agricultural land by a state or federal limited access highway.
OWNER
The person or persons, firm, entity or corporation having legal or equitable title to a building, structure, operation, lot or parcel of land, or their lessors or agents.
PARCEL
See "lot."
PLANNING COMMISSION
The Planning Commission of the Village of New Haven.
PLANNED UNIT DEVELOPMENT (PUD)
A planned unit development (PUD) permits flexibility in regard to use, height, bulk and placement regulations, as specified in Article XVI, Planned Unit Development District Overlay. PUD may permit mixed use of land.
PLAT
Means a map or chart of a subdivision of land. See the Village of New Haven Subdivision Regulations.[3]
POPULATION
The population according to the most recent federal decennial census or according to a special census conducted under section 7 of the Glenn Steil State Revenue Sharing Act of 1971, 1971 P.A. 140, MCLA § 141.907, whichever is the more recent.
PORCH
A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PRINCIPAL STRUCTURE
The structure(s) in which are carried out the principal use(s) on a site.
PRINCIPAL USE
The primary use to which the premises are devoted.
PROJECTIONS
See definition of "architectural features."
PUBLIC UTILITY
A person, firm or corporation, governmental department, board or commission duly authorized to furnish, and furnishing, under federal, state or Village regulations to the public gas, steam, electrical service, sewage disposal, communication, telegraph, transportation or water.
RECREATIONAL VEHICLE
A. 
A vehicular type of portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed for temporary living accommodations for recreational and travel use; or
B. 
A vehicle which may or may not be licensed for road use, which is primarily intended and used for off-road or water-related pleasure activities.
RESTAURANT, SIT-DOWN
An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, cafeterias, tea rooms, and outdoor cafes.
RESTAURANT, FAST FOOD
An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or grilled quickly. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. These facilities may or may not have a drive-through pickup window.
RESTAURANT: DRIVE-IN
A business establishment serving food and/or beverages that is designed so that the principal retail service activity is provided on an internal driveway or parking area for motor vehicles to serve patrons who will consume the food and/or beverages in the motor vehicles while on the premises or elsewhere.
RIGHT-OF-WAY LINE
The line separating a public or private street (including adjacent publicly owned land) and a lot or parcel.
SALVAGE/RECYCLING YARD
See definition of "junkyard."
SETBACK
The distance required from a lot line or right-of-way line to a structure or use to obtain front, side or rear yard open space provisions of this chapter.
SETBACK LINE
A line marking the setback from a street right-of-way or lot lines, which establishes the minimum required front, side or rear open space of a lot (see "yard").
SIGNS
A. 
The term "sign" shall mean the use of any words, numerals, figures, pictures, banners, pennants, sculpture, devices, designs, insignia, inflatable devices, imprints or trademarks by which anything is made known, advertised or attracts attention to an object, product, place, activity, person, message, institution, organization, cause, business, service or use when viewed from outside a building or from neighboring properties and roadways, or which promotes the interests of any person, firm or corporation when the same is placed in view of the general public, whether displayed on a permanent or portable structure attached or not attached to a building, including painted directly on an exterior building wall or awning. For purposes of this chapter, a sign shall not include:
(1) 
Official flags or insignia of any government and/or officially recognized weather flags.
(2) 
Legal notices, identification information or devices erected or authorized by governmental bodies.
(3) 
Signs of one square foot or less which contain only the names of residents and/or street address numbers.
(4) 
Tubes/boxes for the delivery of mail and newspapers including the name or logo of the company involved.
B. 
Definitions applying to specific types of signs shall include, without limitation, all of the following:
(1) 
ACCESSORY SIGNA sign which pertains to and is incidental to the principal building and/or use on the premises.
(2) 
ADVERTISING SIGN (NONACCESSORY SIGN)A sign relating to an activity, use or service not performed on the premises or to a product not fabricated, produced, handled or sold on the same premises upon which the sign is displayed. A sign which does not pertain to the principal use of the premises.
(3) 
AWNING SIGNA canopy sign.
(4) 
BILLBOARDAn advertising sign upon which a display is pasted, painted or otherwise affixed in a manner which is readily changed. A nonaccessory sign.
(5) 
BULLETIN BOARD SIGNAn accessory sign of the following nature:
(a) 
Listing church, school or municipal names and/or events.
(b) 
A directory of tenants and/or activities within a building, use area or planned grouping of buildings, or other multitenant development with separate panels for each individual tenant.
(6) 
CANOPY SIGNA sign attached to, painted or printed on a canopy, awning, marquee or other similar type of structure. All awnings which have backlighting shall constitute signs for purposes of this section.
515 Canopy Sign.tif
(7) 
CANOPY ENTRY SIGNA sign attached to the underside of a canopy, awning, marquee or other similar type of structure.
515 Canopy Entry Sign.tif
(8) 
CHANGEABLE COPY SIGNA sign on which message copy or graphics can be changed through the use of attachable letters, numerals or graphics; or by electronic switching of lamps or other illuminating devices.
(9) 
DIRECTIONAL SIGNA sign which directs or attempts to direct vehicular or pedestrian movements.
515 Directional Entry Sign.tif
(10) 
ENTRANCEWAY SIGNA ground sign identifying a primary vehicular entrance to a nonresidential or residential use such as a subdivision.
(11) 
FESTOON SIGNPennants, flags, banners, streamers, inflatable devices and strings of lights.
(12) 
FLASHING, ANIMATED OR MOVING SIGNA sign which intermittently reflects and/or produces light and/or movements from artificial or natural sources.
(13) 
FREESTANDING SIGNA sign which is not mounted on or structurally attached to a building and which has its own foundation and support structures permanently attached to the ground.
(14) 
GROUND SIGNA freestanding sign the bottom edge of which is located close to grade and thereby precludes visibility beneath the sign. Ground signs include monument type signs. Not a post-pylon sign.
515 Ground Sign.tif
(15) 
NONACCESSORY SIGNA sign which does not pertain to the principal use of the premises.
(16) 
POLITICAL SIGNA sign relating to an election to be voted upon by the general public, or expressing a personal statement or opinion.
(17) 
PORTABLE SIGNA freestanding sign not permanently anchored or secured to either a building, structure or the ground, such as, but not limited to, so-called A-frame, T-shaped or inverted T-shaped stands. Any sign attached to a trailer or other vehicle not accessory to the vehicle or its use, but used with the express intent of advertising; a temporary sign.
(18) 
POST-PYLON SIGNA sign supported by post(s) or other column(s) thereby providing a predominately clear viewing space beneath the sign; not a ground sign.
515 Post-Pylon Sign.tif
(19) 
PROJECTING SIGNA sign attached to a building wall and projecting outward from the face of said building more than 12 inches (not a wall sign).
515 Projecting Sign.tif
(20) 
REAL ESTATE SIGNA freestanding temporary sign placed upon a property advertising that particular property or buildings for sale, rent or lease.
(21) 
REPLACEMENT SIGNA new or refurbished sign panel or facing within an existing sign or sign structure that does not increase sign area or otherwise modify the size or location of the sign.
(22) 
ROOF SIGNA sign attached or located on the roof of a building.
515 Roof Sign.tif
(23) 
TEMPORARY SIGNSAny sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood, metal or other material which is not permanently affixed to a structure or foundation in accordance with applicable building code requirements and which is intended and designed to be of use for a limited period of time.
(24) 
TEMPORARY AND PERMANENT BANNERSAny plastic, film, paper, cloth or similar material and its associated message area that is designed to be tied or otherwise fastened to a building or other structure so as to constitute a sign; a festoon sign.
(25) 
WALL SIGNAny sign attached to or erected against a wall or parapet wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of such wall and projecting outward from the wall not more than 12 inches; not a projecting sign.
515 Wall Sign.tif
(26) 
WINDOW SIGNAny paper, poster board, plastic film, cloth, paint or similar material, either temporary or permanent, and its associated message area, that is placed on or behind a window and which is visible from outside a business building.
SITE PLAN
The documents and drawings required by the Zoning Ordinance to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.
STATE-LICENSED RESIDENTIAL FACILITY
A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, 1979 P.A. 218, MCLA § 400.701, or 1973 P.A. 116, MCLA §§ 722.111 to 722.128, and provides residential services for six or fewer persons under twenty-four-hour supervision or care.
STORAGE YARD, OUTDOOR
An area for the outdoor storage of materials, equipment, products and similar goods. Excluded from this definition is limited outdoor storage accessory to an otherwise permitted use but not occupying an area greater than the gross floor area of all structures on site. Also excluded is the outdoor storage of plant materials.
STORY
That part of a building, except a mezzanine or basement, as defined herein, included between the surface of one floor and the surface of the next floor above it, or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50% of the usable floor area of the floor immediately below it. See the graphic example under the definition of "basement."
STRUCTURE
Any constructed or erected material, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to buildings, towers, sheds and signs, but excepting walks, drives, pavements, fences and similar access or circulation facilities.
SUBDIVISION
The division of land in accordance with the Land Division Act, as amended, and the Village of New Haven Subdivision Regulations.[4]
SUBDIVISION ORDINANCE
The Village of New Haven Subdivision Regulations.
TEMPORARY USE OR BUILDING
A use or building permitted to exist during periods of construction of a main building or use without permanent foundation and for a specified period of time.
UNDEVELOPED STATE
A natural state preserving natural resources, natural features, scenic or wooded conditions, agricultural use, open space, or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway or linear park. Land in an undeveloped state may be, but is not limited to be, dedicated to the use of the public.
USE
The principal and/or accessory purpose(s) for which a parcel or building is designed, arranged or intended to be utilized, or for which the parcel or building is or may be occupied.
USABLE FLOOR AREA
See "floor area, usable."
UTILITY STRUCTURE
Facilities related to and necessary for the operation of oil, gas, water pipelines, sewer pipelines, electrical transmission lines, telephone and telegraph lines, oil and gas wells and underground storage fields. Included are such facilities as pumping stations, compressor stations, transformer stations and switching stations.
VEHICLE CONVENIENCE STATION
An establishment for the sale and dispensing of gasoline, oil and auto accessories, and for minor repairs such as tune-ups and flat tire repair, but not including body repair, engine rebuilding, rustproofing and similar activities. This use may include a convenience mini-mart as an accessory use or as a principal use in conjunction with fuel sales only.
VEHICLE REPAIR GARAGE
A building or premises where the following services may be carried out in a completely enclosed building: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service such as body, frame, or fender straightening and repair; painting and undercoating of automobiles.
VEHICLE SERVICE CENTER
A building or premises used primarily for the sale and installation of major automobile accessories, such as tires, batteries, radio, air conditioners and mufflers, plus such services as brake adjustment, wheel alignment and balancing, but excluding any major mechanical repairs, collision work, undercoating or painting. Sale of gasoline shall be incidental to the above-enumerated activities.
VEHICLE WASH FACILITY
An area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
VILLAGE
Village of New Haven.
WIRELESS COMMUNICATIONS FACILITIES
All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities, monopoles and lattice towers. Not included within this definition are citizen band radio facilities; short-wave facilities; ham, amateur radio facilities; satellite dishes and governmental facilities which are subject to state or federal laws which preempt municipal regulatory authority.
YARD
The open spaces on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein:
A. 
FRONT YARDAn 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 front setback line. In the case of a flag lot, the front yard shall include the post portion of the lot and an open space extending the full width of the flag portion of the lot, the depth of which is the minimum horizontal distance between the flag lot line closest to and parallel (or near parallel) to the adjacent road and the front setback line.
B. 
REAR YARDAn 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 rear setback line. In the case of a flag lot, any yard which is not a front yard.
C. 
SIDE YARD, INTERIORAn open space extending from the front yard to the rear yard, the width of which is the horizontal distance from nearest point of the side lot line to the side setback line.
D. 
SIDE YARD, STREET-SIDESee "exterior yard."
[Added 6-12-2001 by Ord. No. 272]
E. 
EXTERIOR SIDE YARDA side yard which abuts a public or private street right-of-way; may also be referred to as a street-side side yard.
[Amended 6-12-2001 by Ord. No. 272]
515 Exterior Side Yard.tif
[1]
Editor's Note: See now MCLA § 125.3507.
[2]
Editor's Note: See Ch. 160, Building Construction.
[3]
Editor's Note: See Ch. 455, Subdivision Reservations.
[4]
Editor's Note: See Act No 288 of the Public Acts of 1967, MCLA § 560.101 et seq., and Ch. 455, Subdivision Regulations of this Code, respectively.