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City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
The following rules of construction apply to the text of this chapter.
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.
D. 
The words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. 
A "building" or "structure" includes the whole or any part thereof.
F. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."
G. 
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
H. 
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 shall apply singly or in any combination.
(3) 
"Either. . .or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.
I. 
Terms not herein defined shall have the meanings assigned to them in the Webster's Standard Dictionary.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them.
ACCESSORY USE or ACCESSORY
A use that is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking or loading spaces) located on the same zoning lot with the principal use to which it is related. When "accessory" is used in this text, it shall have the same meaning as "accessory use." An accessory use includes, but is not limited to, the following:
A. 
Residential accommodations for servants and/or caretakers and private vehicle garages;
B. 
Swimming pools for the use of the occupants of a residence and their guests;
C. 
Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure;
D. 
Home occupations;
E. 
A newsstand primarily for the use of the occupants of a building, when the newsstand is located on the same premises with the building;
F. 
Storage of merchandise normally carried in stock and which is directly used in connection with a business or industrial use on the premises, unless such accessory storage is specifically prohibited as set forth in the regulations of the zoning lot on which the principal use is located;
G. 
Storage of goods and materials used in the manufacture of a product made on the same premises, unless such storage is specifically prohibited as set forth in the regulations of the zoning lot on which the principal use is located;
H. 
Accessory off-street parking spaces, open or enclosed, on the same premises as the use they are intended to serve, except as otherwise permitted in the P-1 Vehicle Parking District as set forth in this chapter;
I. 
Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located;
J. 
Accessory signs located on the same premises as the principal use.
ADOLESCENT
A male or female human being less than 18 years of age and shall have the same meaning as a "minor child" as defined in MCLA § 722.111, Sec. 1(1)(o), of the Child Care Organizations Act, Act 116 of the Michigan Public Acts of 1973, as amended.
ADULT
For the purposes of this chapter, shall mean a male or female human being 18 years of age or older, as defined in MCLA § 400.703, Sec. 3(1)(a) of the Adult Foster Care Licensing Act 218 of the Michigan Public Acts of 1979, as amended.
ADULT FOSTER CARE
A facility for the care of adults, over 18 years of age, as licensed and regulated under the Adult Foster Care Facility Licensing Act,[1] as amended, and the associated rules promulgated by the State of Michigan. Such organization shall be defined as follows:
A. 
ADULT FOSTER CARE FAMILY HOMEA private residence with capacity to receive not more than six adults who shall be provided foster care for five or more days a week and for two or more consecutive weeks.
B. 
ADULT FOSTER CARE SMALL GROUP HOMEAn adult foster care facility with capacity for not more than 12 adults who are provided foster care.
C. 
ADULT FOSTER CARE LARGE GROUP HOMEAn adult foster care facility with capacity for at least 13 but not more than 20 adults who are provided foster care.
ADULT HOUSING, DEPENDENT
A multiple-family housing form with individual sleeping rooms or dwelling quarters served by a central dining facility which provides a basic daily service to each occupant, either in the central dining facility or in their individual dwelling units, as well as nursing care and limited medical care. Each dwelling unit may or may not contain a central dining facility.
[Added 1-8-2008 by Ord. No. 1210]
ADULT-ORIENTED USE
Includes the following uses as herein defined:
A. 
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
B. 
(1) 
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion-picture, video cassettes or video reproductions, slides, or other audio-visual representations which depict or describe specified sexual activities or specified anatomical areas, and
(b) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store.
(2) 
Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
C. 
ADULT CABARETA nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; and
(3) 
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. 
ADULT MOTELA hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours; and
(3) 
Allows a tenant or occupant of a sleeping room to sublet the room for period of time that is less than 10 hours.
E. 
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
F. 
ADULT THEATERA 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 specified sexual activities.
G. 
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
H. 
ESCORT AGENCYA person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
I. 
ESTABLISHMENTIncludes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business.
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) 
The additions of any sexually oriented business to any other existing sexually oriented business.
(4) 
The relocation of any sexually oriented business.
J. 
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
K. 
NUDITY or A STATE OF NUDITYThe appearance of a human bare buttocks, anus, male genitals, female genitals, or full female breast.
L. 
PAWNBROKER USEPawnbroker business as defined in the Roseville Code of Ordinances, State Public Acts or substantially similar business.
M. 
PERMITTEE and/or LICENSEEA person in whose name a permit and/or license to operate a sexually oriented business has been issued as well as the individual listed as the applicant on the application for a permit and/or license.
N. 
PERSONAn individual, proprietorship, partnership, corporation, association, or other legal entity.
O. 
SEMINUDEA 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.
P. 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; and
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
Q. 
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Sexually oriented businesses are classified as follows:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion-picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Nude model studios;
(9) 
Sexual encounter centers.
R. 
SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
S. 
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following.
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection S(1) through (3) above.
T. 
TATTOO PARLORAn establishment where persons are tattooed for consideration, other than by a licensed medical practitioner or cosmetologist; or any place where tattooing is regularly conducted, whether or not if in exchange for compensation.
U. 
TATTOO, TATTOOED, TATTOOINGAny method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance, by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.
AGENCY GROUP HOME
A small child-caring institution owned, leased, or rented by a licensed agency providing care for more than three but less than 13 minor children.
ALLEY
Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS
A change, addition, or modification in construction or type of occupancy, any change in the structure of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
ANTIQUE SHOP
An establishment engaged in the selling of used merchandise that is at least 100 years old, excluding motor vehicle parts, tires, recreational vehicles (RVs) and mobile homes. The objects sold have a special value because of their age, especially a domestic item or piece of furniture or handicraft esteemed for its artistry, beauty, or period or origin. It can be any piece of furniture or decorative object or the like produced in a former period and valuable because of its beauty or rarity.
[Added 3-26-2013 by Ord. No. 1259]
APARTMENT
A room or suite of rooms in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT HOTEL
A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include accessory uses such as a cigar store, coffee shop, etc., when such uses are accessible only from the lobby.
APARTMENT HOUSE
See "dwelling, multiple-family."
ARCADE, ADULT
See "adult-oriented use."
AUTOMOBILE REPAIR
See "motor vehicle repair."
AUTOMOBILE SERVICE CENTER
A building or premises used primarily for the sale and installation of major automobile accessories, such as tires, batteries, radios, air conditioners and mufflers, plus such services as brake adjustment and wheel alignment and balancing; but excluding any major mechanical repairs, collision work, undercoating or painting. Sale of gasoline (stored in underground tanks) shall be incidental to the above-enumerated activities.
BASEMENT
That portion of a building that is partly or completely below grade.
BASEMENT AND STORY
370 Basement.tif
BED-AND-BREAKFAST
A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.
BLOCK
The property abutting one side of a street and lying between the two nearest such streets (crossing or terminating) or railroad right-of-way, unsubdivided acreage, 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 City.
BOARDING OR ROOMING HOUSE
A building other than a hotel where, for compensation, meals or lodging and meals are provided for not more than 10 persons in addition to the members of the family occupying the premises.
BOARD OF ZONING APPEALS
The Board of Zoning Appeals of the City of Roseville.
BRICK
See "face brick."
BUILDING
A. 
Any structure which:
(1) 
Is permanently affixed to the land;
(2) 
Has one or more floors and a roof;
(3) 
Is bounded by either open area or the lot line or a platted lot.
B. 
A building shall not include such structures as fences, or structures such as gasholders, tanks, grain elevators, coalbunkers, or similar structures.
BUILDING, ACCESSORY
See "accessory."
BUILDING AREA
The space remaining on a property for building purposes after compliance with minimum building setback requirements and any applicable lot area coverage limitations.
BUILDING HEIGHT
For a principal use, 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. For an accessory building, the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs and to the ridgeline for mansard, gable, hip and gambrel roofs.
BUILDING HEIGHT
370 Building Height.tif
BUILDING LINE
A line formed by the exterior surface of the building opposite the front lot line; and for the purposes of this chapter, a minimum building line is the same as a front setback line.
BUILDING LINE
370 Building Line.tif
BUILDING, MAIN OR PRINCIPAL
A building in which is conducted the principal purpose of the land on which it is situated.
BUILDING, MULTIPLE-FAMILY
See "apartment building."
BUILDING, ONE-FAMILY
See "dwelling (one-family)."
BUILDING, TWO-FAMILY
See "dwelling (two-family)."
CELLAR
See "basement."
CEMETERY
Land used or intended to be used solely for burial of the human dead and dedicated for such purpose.
CEMETERY, PET
Land used or intended to be used solely for burial of nonhuman dead and dedicated to such purpose.
CENTER COMMERCIAL
A large, commercial-oriented land use that draws City-wide or regionally and which is characterized by large buildings or complexes of buildings with substantial building setbacks, large parking lots, a uniform architecture, etc.
CHILD
See "adolescent."
CHILD-CARE INSTITUTION
A child-care facility that is organized for the propose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four-hour basis, in buildings maintained by the child-caring institution for that purpose, and operates throughout the year.
[Amended 7-22-2008 by Ord. No. 1213]
CHILD-CARE ORGANIZATION
A governmental or nongovernmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision. Such organization shall be defined as follows:
[Amended 7-22-2008 by Ord. No. 1213]
A. 
CHILD-CARE CENTER or DAY-CARE CENTERA facility, 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 and where the parents, guardians, family member, or court-appointed fiduciary or caregiver is not immediately available to the child or adult. 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) 
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 twelve-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 service.
(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.
B. 
PRIVATE HOMEA 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 child-care home, or a family child-care home, as follows:
(1) 
FOSTER FAMILY HOMEA private home in which one but not more than four minor children who are not related to an adult member of the household by blood, marriage, or adoption are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(2) 
FOSTER FAMILY GROUP HOMEA private home in which more than four but less than seven minor children who are not related to an adult member of the household by blood, marriage, or adoption are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(3) 
FAMILY CHILD-CARE HOMEA private home in which one but fewer than seven minor children are received for 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. Family child-care home includes a home that gives care to all unrelated minor children for more than four weeks during a calendar year.
(4) 
GROUP CHILD-CARE HOMEA private home 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, but including a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
CITY
The City of Roseville, Macomb County, Michigan.
CLINIC
An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists or similar professions.
CLUB
An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, public service, patriotism, or the like.
COLLECTIBLE STORE
An establishment engaged in the selling of used merchandise that is at least 25 years old or older, excluding motor vehicle parts, tires, recreational vehicles (RVs) and mobile homes. They are things considered to be worth collecting but not necessarily valuable or antique.
[Added 3-26-2013 by Ord. No. 1259]
COMMERCIAL VEHICLE
See "motor vehicle, commercial."
COMPLETE STREETS
Roadways planned, designed, and constructed to provide appropriate access in a manner that promotes safe and efficient movement of people and goods, whether by car, truck, transit, assistive device, foot, or bicycle for all ages and abilities.
[Added 1-14-2014 by Ord. No. 1265]
CONDITIONAL LAND USE
A use of land which requires compliance with certain development or location conditions as set forth for the use in the various zoning districts of this chapter.
COMMISSION
See "Planning Commission."
CONDOMINIUM
A form of ownership, which, for the purposes of this chapter, is applied to the following terms as defined herein:
A. 
CONDOMINIUM ACTAct 59 of the Michigan Public Acts of 1978, as amended.[2]
B. 
COMMON ELEMENTSThe portions of the condominium project other than the condominium.
C. 
CONDOMINIUM BYLAWSThe required set of bylaws for the condominium project attached to the master deed.
D. 
CONDOMINIUM SITE PLANA scale drawing of a site, including a survey, utility layouts, floor plans and elevation sections, as appropriate, showing existing and proposed structures, improvements, parking, etc., as it is to be erected on the site.
E. 
CONDOMINIUM UNITThat portion of the project designed and intended for separate ownership and use, as described in the master deed.
F. 
CONSOLIDATING MASTER DEEDThe final amended master deed for a contractible condominium project and 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.
G. 
CONTRACTIBLE CONDOMINIUMA condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this chapter and the Condominium Act.
H. 
CONVERSION CONDOMINIUMA condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.
I. 
CONVERTIBLE AREAA unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units, or general or limited common elements, may be created pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
J. 
CO-OWNERA person, firm, corporation, partnership, association, trust, or other legal entity, or combination thereof, who owns a condominium unit within the condominium project. Co-owner may include a land contract lender if the condominium documents or the land contract so provides.
K. 
EXPANDABLE CONDOMINIUMA condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
L. 
LIMITED COMMON ELEMENTSA portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
M. 
MASTER DEEDThe condominium document recording the condominium project as approved by the City, to which is attached as exhibits, and incorporated by reference, the approved bylaws for the project and the approved condominium subdivision plan for the project.
CONDOMINIUM
370 Condominium.tif
CONVALESCENT OR NURSING HOME
See "elderly housing, dependent" and "elderly housing, independent."
COURT
An open, unoccupied space, other than a yard, and bounded on at least two sides by a building. A court extending to a front yard or a front lot line, or to the rear lot line, or to an exterior street side yard or exterior street side lot line is an outer court. Any other court is an inner court.
DENSITY
The number of families residing on, or dwelling units developed on, an acre of land. As used in this chapter, all densities are stated in families per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, schoolyards, or other public lands and open spaces.
DERRICK
Any portable framework, tower mast, and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.
[Added 5-10-2016 by Ord. No. 1289]
DEVELOPMENT
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
The various portions of the City of Roseville within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRILLING PAD
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
[Added 5-10-2016 by Ord. No. 1289]
DRIVE-IN
See "restaurant, drive-in."
DRIVE-THROUGH
A business establishment designed and intended to provide a driveway approach and temporary motor vehicle standing space or stacking space where customers receive service while in their motor vehicles.
DRIVEWAY
A private roadway, passage, or way upon and along which vehicles may be driven and which is intended to provide access to a parking space, garage, dwelling building or other structure. For the purpose of this Zoning Code, a driveway may also be a vehicle maneuvering lane.
DWELLING
A place or unit of residence, an abode, a place of continued living. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING, EFFICIENCY
See "apartments."
DWELLING, MANUFACTURED
A dwelling unit which is substantially or completely built, constructed, assembled, and finished in strict compliance with the applicable laws of the State of Michigan, off the premises upon which it is intended to be located.
DWELLING, MULTIPLE-FAMILY
See "apartment."
DWELLING, ONE-FAMILY
A building designed exclusively for and occupied exclusively by one family.
DWELLING, SITE-BUILT
A dwelling unit which is substantially built, constructed, assembled, and finished on the premises and which is intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of pre-cut materials, and panel walls, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.
DWELLING, TWO-FAMILY
A building designed exclusively for occupancy by two families living independently of each other.
EARTH BERM
See "landscaping."
EARTH BERM, OBSCURING
See "landscaping."
EASEMENT or CORRIDOR
A quantity of land set aside, over which a liberty, privilege or advantage is granted by the owner to the public, a corporation or a particular person or persons or part of the public for specific use and purpose. An easement may be designated as a public or a private easement depending on the nature of the user.
ELDERLY HOUSING, DEPENDENT
A multiple-family housing form with individual sleeping rooms or dwelling quarters served by a central dining facility which provides a basic daily service to each occupant, either in the central dining facility or in their individual dwelling units, as well as nursing care and limited medical care. Each dwelling unit may or may not contain a central dining facility.
ELDERLY HOUSING, INDEPENDENT
A multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit. The facility may or may not contain a central dining facility.
ENTRANCE RAMP
A roadway designed to permit traffic from an unlimited access surface street to gain access to a limited access highway or expressway.
ERECTED
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
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, collections, 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 in connection therewith, but not including buildings which are necessary for the furnishing of adequate service such utilities or municipal departments for the general health, safety or welfare. Essential services shall be permitted as authorized and regulated by law and the applicable standards of this chapter and other ordinances of the City of Roseville.
EXCAVATION
Any breaking of ground, except common household gardening and ground care.
EXCEPTION
A use permitted only after review of an application by the Board of Zoning Appeals or legislative body or a modification in the standards of this chapter specifically permitted after review by the Board of Zoning Appeals, Planning Commission or legislative body, such review being necessary because the provisions of this chapter covering conditions precedent or subsequent are not precise enough to cover all applications without interpretation and such review and exception is provided for by this chapter. An exception is not a variance.
EXIT RAMP
A roadway designed to permit traffic from a limited access highway or expressway to gain access to an unlimited access surface street.
FACE BRICK, NONRESIDENTIAL
Wherever face brick is called for as an exterior building wall material for a nonresidential building, the material shall consist of kiln-baked clay or shale masonry units, the exterior dimensions of which shall not be less than four inches deep by four inches high by 12 inches long, the individual shape of which shall be rectangular in appearance.
FACE BRICK, RESIDENTIAL
Whenever face brick is called for as an exterior building wall material for a residential dwelling building, the material shall consist of kiln-baked clay or shale masonry units, the exterior dimensions of which shall not exceed accepted industry standards for residential brick units, except no such unit shall be less than 3 5/8 inches deep, measured from the front face of the unit to the rear face of the unit.
FAMILY
A single individual or a number of individuals domiciled together whose relationship is of a continuing, nontransient, domestic character and who are cooking and living together as a single, nonprofit housekeeping unit. This shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose relationship is of a transitory or seasonal nature or for anticipated limited duration of school terms or other similar determinable period.
FAST-FOOD RESTAURANT
See "restaurant (fast-food)."
FEEDER ROAD or PUBLIC ACCESS SERVICE DRIVE
A public street or road intersecting with a limited access highway and having traffic interchange facilities with the limited access highway and with intersecting local streets and major thoroughfares.
FENCE
A vertical hedge, structure, or partition erected for the purpose of enclosing a piece of land or to separate two contiguous pieces of land as stipulated in Chapter 134, Fences, in the Roseville Code of Ordinances, as amended. For the purpose of this Zoning Code, a fence is not a wall.
FENCE, OBSCURING
An opaque structure of definite height and location designed to serve as a screen or obscuring device.
FILLING
The depositing or dumping of any matter on, or into, the ground, except deposits resulting from common household gardening and general farm care.
FLOOR AREA, GROSS
The area of a building measured to the exterior face of all exterior walls.
FLOOR AREA, RESIDENTIAL
The minimum allowable floor area in a residential dwelling unit shall be the sum of the horizontal areas of each story of the building, measured from the exterior faces of the exterior walls or from the center line of walls separating two dwelling units. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
FLOOR AREA, NONRESIDENTIAL (for the purpose of computing parking)
For commercial business and office uses, 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 that 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. For all industrial and research uses, usable floor area shall include the floor area that is used for, or intended to be used for, the storage or processing of merchandise. Measurements 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.
USABLE FLOOR AREA
370 Useable Floor Area.tif
FLOOR, GROUND
That portion of a building which is partly below grade, but so located that the vertical distance from the average grade to the ceiling is greater than the vertical distance from the average grade to the floor. A ground floor shall be counted as a story.
GARAGE, REPAIR
See "motor vehicle repair."
GARAGE, COMMERCIAL PARKING
A building or structure which is used by the public for the parking of motor vehicles and for the purposes of this chapter may be the principal use of the property or may be accessory to a principal use.
GARAGE, PRIVATE
An accessory building or integral portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building.
GARAGE, SERVICE
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.
GASOLINE SERVICE STATION
See "motor vehicle service station."
GRADE
The ground elevation established for the purpose of regulating the number of stories and the height of the building. 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 computing the average elevation of the ground for each face of the building, and averaging the totals.
370 Grade.tif
GREENBELT, AESTHETIC
See "landscaping."
GREENBELT, OBSCURING
See "landscaping."
HOME OCCUPATION
A gainful occupation, activity, hobby, or profession that is traditionally or customarily carried on entirely within the walls of a residential dwelling and which is carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Registered primary caregiver activities are excluded from home occupations, unless the registered primary caregiver is also the qualifying patient and is only a caregiver for himself/herself.
[Amended 4-13-2021 by Ord. No. 1321]
HORIZONTAL DRILLING
The drilling of an oil or natural gas well at an angle so that the well runs parallel to the formation containing the oil or gas.
[Added 5-10-2016 by Ord. No. 1289]
HOSPITAL
A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the State of Michigan, and is used for primarily inpatient services, and including such related facilities as laboratories, outpatient departments, central service facilities, and staff offices.
HOTEL
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 within which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service and bell boy service. A hotel may include a restaurant or cocktail lounge, banquet halls, ballrooms or meeting rooms.
HYDRAULIC FRACTURING OR FRACKING
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
[Added 5-10-2016 by Ord. No. 1289]
IMPERVIOUS SURFACE
A surface that is impenetrable and prevents filtration of water or sediments down into the ground.
[Added 4-12-2011 by Ord. No. 1241]
JUNK
Any motor vehicles, machinery, appliances, product, merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.
JUNKYARD
Includes automobile wrecking yards, any area where junk vehicles are stored, keeping or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof except for the normal household refuse which is stored only between regular pickup and disposal of household refuse, provided the same is not left for a period of over 30 days in which case it shall be considered as junk. This definition does not pertain to uses conducted entirely within an enclosed building.
KENNEL, COMMERCIAL
Any lot or premises on which three or more dogs, and/or cats, or other domestic household pets, over six months of age are either permanently or temporarily boarded. A kennel shall also include any lot or premises where household pets are bred or sold.
LANDSCAPING
The art or science of placing live planting materials in specific or in specified areas with the intent of improving the appearance of an area, or for the purpose of creating a screen to obscure vision beyond the screen. For the purpose of this Zoning Ordinance, landscaping shall also include the following terms.
A. 
BUFFERS FOR CONFLICTING LAND USEA device or an area that is used for the purpose of shielding the view of one use of land from another, and for the protection of an adjoining property. A buffering device could include a wall, fence earth berm or landscape planting screen, or an area containing sufficient natural tree cover to serve as a buffer, or an area of sufficient distance to effectuate a buffer, or land containing sufficiently abrupt changes in topography to serve as a buffer.
B. 
CALIPERThe diameter of a tree measured six inches above the root ball up to trees four inches and larger in caliper, and measured 12 inches above the root ball for larger-caliper trees.
370 Caliper.tif
C. 
EARTH BERM, ARTISTICAn aesthetically designed landscaping feature, which may also serve to create a landscaped swale for the purpose of temporarily detaining stormwater runoff.
D. 
EARTH BERM, OBSCURINGAn earthen mound of definite height, length, location and appearance, which is designed and intended to serve as an obscuring device.
E. 
GREENBELT, AESTHETICA landscaped area or lawn panel in which live landscape planting materials are placed for aesthetic purposes and not for the purpose of screening.
F. 
GREENBELT, OBSCURINGA landscaped area of definite width, height and location containing live planting materials of definite spacing or grouping which is designed to serve as an obscuring device.
G. 
INTERIOR LANDSCAPED AREASIncludes all landscaped areas between the walls of a building and any off-street parking spaces, service drives or vehicle maneuvering lanes, or loading and unloading areas that comply with the minimum applicable size (planting area) requirements of this section and which are contained within an imaginary line that squares off the outer limits of an off-street parking lot.
H. 
OBSCURETo make not readily visible, to hide or screen from view. For the purpose of this chapter, "obscure" shall mean to obscure the view of one use of land from another. (See definition of "buffers for conflicting land use.")
I. 
PARKING LOT TREEA large deciduous tree placed within an off-street parking area.
J. 
PERIPHERAL LANDSCAPED AREASIncludes all landscaping that lies between any off-street parking spaces, service drives and vehicle maneuvering lanes, or loading and unloading area, and any peripheral property line, or where no parking, service drives and vehicle maneuvering lanes, or loading and unloading areas exist, any landscaped areas lying between any minimum required building setback line and a peripheral property line.
K. 
SHRUBS, LARGEShrubs which will be four feet six inches in height or greater at maturity.
L. 
SHRUBS, SMALLShrubs that will be less than four feet six inches in height at maturity.
M. 
TREE, LARGE DECIDUOUSShall be a minimum of 2.5 inches in caliper measured six inches up to the tree from the ground.
N. 
TREE, SMALL DECIDUOUSShall be a minimum of 1.5 inches in caliper measured six inches up the tree from the ground.
O. 
VEHICLE USE AREAIncludes all off-street parking lots, drive aisles, loading and unloading areas, service drives and landscaped islands.
LOADING SPACE
See "off-street loading space."
LOCAL STREET
A street of limited continuity, which is to be used to gain immediate access to abutting residential properties.
LOT
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.
INTERIOR, THROUGH AND CORNER LOTS
370 Int Thru Corner Lots.tif
LOT AREA
The total horizontal area within the lot lines of the lot.
LOT, CORNER
A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135°. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 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 135°.
LOT COVERAGE
The part or percent of the lot occupied by buildings, including accessory buildings in excess of 144 square feet of floor area.
LOT, DEPTH
The horizontal distance between the front and rear lot lines measured along the median between the side lot lines.
LOT, INTERIOR
Any lot other than a corner lot.
LOT, THROUGH (DOUBLE FRONTAGE)
Is an interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
LOT LINES
The property lines bounding the lot.
A. 
FRONT LOT LINEIn the case of an interior lot abutting upon one public or private street, the front lot line shall mean the line separating such lot from such street right-of-way. In the case of a corner lot, the front lot line shall be the narrower of the two frontage lines, except in the case where both street frontages are at equal dimension, the front shall be the one assigned a street address. In the case of a double frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street by the owner, with City approval, or the City's Board of Zoning Appeals shall designate the front lot line.
B. 
REAR LOT LINEOrdinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular, or cone-shaped lot, a line 10 feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of the rear yard. In cases where none of these definitions are applicable, the property owner, with City approval, may designate the rear lot line, or the City Board of Zoning Appeals shall designate the rear lot line.
C. 
SIDE LOT LINEAny lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
370 Lot Lines.tif
LOT OF RECORD
A parcel of land, the dimensions of which are shown on a document or map on file with the City or county and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.
LOT WIDTH
The horizontal straight-line distance between the side lot lines.
LOT WIDTH, REQUIRED
The minimum required horizontal straight-line distance between the side lot lines, measured between the two points where the minimum required front setback line intersects the side lot lines.
LOT, ZONING
A single tract of land, 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 chapter with respect to area, size, dimensions and frontage as required in the zoning district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed in the Macomb County Register of Deeds but may include one or more lots of record. A zoning district line of the zoning lot shall serve as though it is a lot line for the purposes of establishing building setbacks and percent of lot coverage.
ZONING LOT
370 Zoning Lot.tif
MAIN BUILDING
A building in which is conducted the principal use of the lot upon which it is situated.
MAIN USE
The principal use to which the premises are devoted and the principal purpose for which the premises exist.
MAJOR THOROUGHFARE
An arterial street which is intended to serve as a large-volume trafficway for both the immediate area and the region beyond, and may be designated as a "major thoroughfare," "parkway freeway," "expressway," or equivalent terms to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of 120 feet or greater shall be considered a major thoroughfare.
MASSAGE PARLOR
See Chapter 193, Massage Businesses, in the Roseville Code of Ordinances.
MANEUVERING LANES OR AISLES
For the purpose of this chapter, a maneuvering lane or aisle shall mean an open, unobstructed area located off street directly behind an off-street parking space or loading, unloading area. A maneuvering lane or aisle may serve a single row of off-street parking spaces or may be used jointly when located between two opposing rows of parking spaces.
MANUFACTURED HOME
See "dwelling, manufactured."
MARGINAL ACCESS ROAD
A service roadway parallel to a feeder road or to a street, and which provides access to abutting properties and protection from through traffic.
MARQUEE
A roof-like structure of a permanent nature projecting out horizontally from the wall of a building.
MASTER PLAN
A comprehensive plan, including graphic and written proposals indicating the general location for streets, parks, schools, public building and all physical development of the City, and includes any unit or part of such plan and any amendment to such plan or parts thereof.
MECHANICAL AMUSEMENT DEVICE
Any machine or device, whether video, electronic, mechanical or a combination thereof, which, upon the insertion of a coin, trade, token, ticket, slug, plate, disc or key, or payment of a price, operates or may be operated as a game, entertainment or contest of skill or amusement of any kind or description which contains no automatic payoff device for the return of money, price or goods to the player and further includes any machine, apparatus, or contrivance which is used or may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. This definition does not apply to or include:
A. 
A vending machine which does not incorporate gaming or amusement features;
B. 
Musical devices or coin-operated radios; or
C. 
Television sets in private quarters.
MEDICAL MARIHUANA CULTIVATION OPERATION
An establishment to undertake the following medical uses of medical marihuana on the property: planting, growing, harvesting, processing, packaging, or storing of medical marihuana to treat or alleviate a registered qualifying patient’s debilitating medical conditions or symptoms associated with the debilitating medical condition under the Medical Marihuana Act.[3]
[Added 4-13-2021 by Ord. No. 1321]
MEZZANINE
An intermediate or fractional story between the floor and ceiling of a full story and occupying not more than 1/3 of the floor area of the full story.
MOBILE HOME
A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. A mobile home does not include a recreational vehicle.
MOBILE HOME PARK
Any plot of ground upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are located.
MOTEL
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.
MOTOR HOME
A manufactured motorized home, motorbus, or motorized camper vehicle, designed to be used as a temporary dwelling for travel, recreation and vacation use.
MOTOR VEHICLE, COMMERCIAL
As defined in the 1995 Michigan Uniform Traffic Code for Cities, Villages and Townships, every vehicle which is used for the transportation of passengers for hire or which is constructed or used for the transportation of goods, wares or merchandise. The term also means a motor vehicle which is designated and used for drawing other vehicles and which is not constructed to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn.
MOTOR VEHICLE REPAIR (GENERAL)
The general mechanical repair, including overhaul and reconditioning of motor vehicle engines, transmissions and other mechanical repairs, but not including collision services such as body, frame or fender straightening and repair, painting or undercoating.
MOTOR VEHICLE REPAIR (MAJOR)
The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair, painting or undercoating.
MOTOR VEHICLE SERVICE CENTER
A use which is accessory to a designated retail commercial outlet located within a shopping center or which is within a building composed of the same construction material and of the same design as the shopping center, wherein automobile products such as motor oils, lubricants and various automobile mechanical parts that are retailed directly to the public by said retail commercial outlet are installed.
MOTOR VEHICLE SERVICE STATION (GASOLINE STATION)
A place where gasoline or other motor fuel and lubricants for operating motor vehicles are offered for sale at retail to the public, including sale of accessories, lubricating and light motor service on the premises, but not including collision services such as body, frame or fender straightening or repair, painting or undercoating, but which may include a retail food adjunct.
MUNICIPALITY
See "City."
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas originating from a gas well, or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant, or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
[Added 5-10-2016 by Ord.No. 1289]
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, methane and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
[Added 5-10-2016 by Ord. No. 1289]
NONCENTER COMMERCIAL
See "commercial, non-center."
NONCONFORMING BUILDING
A building or structure, or portion thereof, lawfully existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of this chapter in the district in which it is located.
NONCONFORMING USE
A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
370 Nonconforming Use.tif
NONCONFORMING USE AND BUILDING
A use and a building lawfully existing at the time of adoption of this chapter, or subsequent amendment thereto, which does not conform to the use and height, bulk, placement and/or provisions for the zoning district in which it is located.
NUISANCE FACTORS
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.
NURSERY
An area for the growing of plant materials not offered for sale on the premises.
NURSERY, COMMERCIAL
A space, building or structure, or combination thereof, for the growing and storage of live trees, shrubs, or plants offered for sale on the premises, including products used for gardening or landscaping.
NURSERY SCHOOL
See "child-care center or day-care center."
NURSING HOME
See "convalescent or nursing home."
OCCUPANCY LOAD
The number of individuals normally occupying a building, or part thereof, or for which the existing facilities have been designed.
OCCUPIED
Used in any way at the time in question.
OFF-STREET LOADING SPACE
A facility or space specifically intended to permit the standing, loading or unloading of trucks and other vehicles outside of a public right-of-way.
OFF-STREET PARKING LOT
A facility, providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit, for the parking of more than three vehicles.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other products or similar substances that are produced by drilling an oil or gas well.
[Added 5-10-2016 by Ord. No. 1289]
OIL AND GAS DEVELOPMENT
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production of and transportation of oil and gas. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
[Added 5-10-2016 by Ord. No. 1289]
OIL OR GAS WELL
A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal or being drilled for an exploration for such purposes.
[Added 5-10-2016 by Ord. No. 1289]
OIL OR GAS WELL SITE
The location of facilities, structures, materials and equipment, whether temporary or permanent, that are used for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well, or exploration for a potential oil or gas well.
[Added 5-10-2016 by Ord. No. 1289]
OPEN-AIR BUSINESS USES
Open-air business uses not conducted from a wholly enclosed building, if operated for profit, shall include the following uses.
A. 
Bicycle, trailer, mobile home, motor vehicle, farm implements, boats or home equipment sale or rental services.
B. 
Outdoor display and sale of garages, swimming pools, and similar uses.
C. 
Retail sale of fruit, vegetables, and perishable foods.
D. 
Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
E. 
Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation uses.
OPEN-FRONT STORE
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 stations or automobile service stations.
OPEN SPACE
An area of land that remains primarily undeveloped and in its natural state. For the purpose of this chapter, open space may include parklands and park facilities so long as they are provided as a part of an open space area.
OPEN STORAGE (MOTOR VEHICLE)
The outdoor standing or placement of motor vehicles, including truck trailers, for more than 18 hours, including new or used motor vehicles on display for lease or sale.
OPEN STORAGE (NONRESIDENTIAL)
The outdoor standing or placement of any material which is man-made, assembled, fabricated or treated in any manner and which may or may not be used directly in the processing or fabrication of a product manufactured on the premises.
OPEN STORAGE (RESIDENTIAL)
The outdoor placement or keeping of material which is owned and possessed by the resident occupying the dwelling unit on the premises or by the owner of the premises where open storage is to take place.
OUTDOOR CAFE
A temporary area with removable seats and tables; an extension of the restaurant where food and beverages are served. (Rooftops are not considered outdoor cafes.)
[Added 1-14-2014 by Ord. No. 1265]
OUT LOT
A lot in a subdivision which is restricted from use for building purposes, whether or not deeded to the City, but which is not dedicated as a street or public reservation or public park.
PARKING
The parking of a motor vehicle for short duration and possessing the element of a vehicle in use, being temporarily parked until it is shortly to be again put into service. The terms "temporarily" or "shortly," for the purpose of this definition, shall mean and be measured by hours, or at most, up to a maximum of 18 hours.
PARKING LOT
See "off-street parking lot."
PARKING SPACE
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 vehicles.
PERVIOUS SURFACE
A surface that is penetrable and allows for the inflow of rainwater into the underlying construction or soil.
[Added 4-12-2011 by Ord. No. 1241]
PLANNED COMMERCIAL CENTER
See "commercial, center commercial."
PLANNING COMMISSION
The Roseville Planning Commission.
PRIMARY CAREGIVER or CAREGIVER
A person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marihuana and who has not been convicted of any felony within the last 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in Section 9a of Chapter X of the Code of Criminal Procedure, 1927 PA 175, MCL 770.9a.
[Added 4-13-2021 by Ord. No. 1321]
PRINCIPAL USE
See "main use."
PROPERTY LINE
The boundary lines that define and identify the extent of a lot, parcel or property by ownership.
PUBLIC UTILITY
A person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
QUALIFYING PATIENT or PATIENT
A person who has been diagnosed by a physician as having a debilitating medical condition according to the MMA.
[Added 4-13-2021 by Ord. No. 1321]
RECREATION LAND
Any public- or private-owned property that is utilized for recreation activities, including such active recreation as camping, swimming, picnicking, hiking, walking, nature study and various organized or unorganized sports, and inactive recreation such as reading, sitting and table games.
RECREATION VEHICLES OR EQUIPMENT
Includes the following.
A. 
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.
B. 
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation uses.
C. 
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. 
FOLDING TENT TRAILERA folding structure, mounted on wheels and designed for travel and vacation use.
E. 
BOATS AND BOAT TRAILERSIncludes boats, floats, ski jets and rafts, plus the normal equipment to transport the same on the highway.
F. 
SNOWMOBILE AND ALL-TERRAIN VEHICLEPlus the normal equipment to transport the same on the highway.
G. 
UTILITY TRAILERAny wheeled vehicle designed and intended to be towed behind another vehicle.
RECYCLING
The process by which waste products are reduced to raw materials and transformed into new and often different products.
RECYCLING CENTER
A facility where previously used products or materials are transformed into new and often different products. For the purposes of this chapter, a "recycling center" shall be other than a junkyard as defined herein.
RESTAURANT
Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast-food, or standard restaurant or bar/lounge/tavern, or a combination thereof, as defined below:
[Amended 2-26-2019 by Ord. No. 1308]
A. 
BAR/LOUNGE/TAVERNA type of restaurant which is operated primarily for the dispensing of alcoholic beverages but in which the sale of prepared food or snacks may also be permitted. If a bar, lounge or tavern is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
B. 
BREWERY/DISTILLERY (ON SITE)A restaurant/lounge/bar where a process used to create beer (brewery), or the process that produces spirits, such as but not limited to whiskey, gin and vodka (distillation) is undertaken.
C. 
CARRY-OUTA business establishment whose method of operation involves the sale of food, beverages and/or frozen desserts in disposable or edible containers or wrappers, in a ready-to-consume state and for consumption primarily off the premises, but in which seating for up to 30 persons may be provided.
D. 
DRIVE-INA business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building. A drive-in restaurant may also have interior seating.
E. 
DRIVE-THROUGHA business establishment whose method of operation involves the delivery of prepared food to a customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.
F. 
FAST FOOD SIT-DOWN (QSRs)A business establishment where food is ordered not from the table, but from a front counter (or in some cases, using an electronic terminal). Diners typically then carry their own food from the counter to a table of their choosing, and afterward dispose of any waste from their trays. Drive-through and take-out service may also be available.
G. 
OUTDOOR CAFEAn area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking, and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing, or landscaping planter boxes or a combination thereof.
H. 
STANDARD) RESTAURANT A business establishment whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building or the acquisition of prepared food by customers at a cafeteria line which food is subsequently consumed by the customers at tables within a completely enclosed building.
RIGHT-OF-WAY
The right-of-way line shall be the line established by the Macomb County Road Commission and the City of Roseville in their right-of-way requirements established for Roseville in the City's adopted Master Plan.
ROADSIDE STANDS
A roadside stand is a temporary or existing permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family on the premises, and its use shall not make into a commercial district land which would otherwise be an agricultural or residential district, nor shall its use be deemed an approved commercial activity.
ROOM
For the purpose of determining lot area requirements and dwelling density in a multiple-family district, a room shall be a living room containing at least 150 square feet of floor area, a dining room or a bedroom, with each containing at least 80 square feet of floor area. A room shall not include the area in kitchens, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one-, two- or three-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing dwelling density.
ROOMING HOUSE
See "boarding or rooming house."
ROOMING UNIT
A room or group of rooms forming a single habitable unit used for living and sleeping but not containing kitchen or eating facilities.
SALVAGE YARDS
See "junkyard."
SCREEN
See "landscaping."
SECONDARY THOROUGHFARE
A street of limited continuity designed and intended to collect and distribute traffic to and from local streets and to and from major thoroughfares.
SETBACK
The minimum horizontal distance between any side of the main building and any adjoining property boundaries, such as the front of the building, excluding only the steps, and the front lot line or street right-of-way line.
SIGN
A name, identification, description, display or illustration as set forth and regulated in the City of Roseville Sign Control Code of Ordinances.[4]
SINGLE-FAMILY SITE CONDOMINIUM
See "condominium."
SITE PLAN
A plan showing all salient features of a proposed development so that it may be evaluated in order to determine compliance with the applicable requirements of the Roseville Code of Ordinances, including this chapter.
SPECIAL LAND USE
See "conditional land use."
STORAGE
See "open storage."
STORAGE WELL
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
[Added 5-10-2016 by Ord. No. 1289]
STORMWATER DETENTION FACILITY
A facility designed for detaining stormwater runoff for a short period of time, thereafter to be released at a controlled rate into a storm sewer or county drain.
STORMWATER RETENTION FACILITY
A facility which does not possess the ability of de-watering, whereby water is held for a considerable length of time for aesthetic value, agricultural consumption, holding of stormwater runoff or other uses. The water may never be discharged to a natural watercourse, but may be dissipated by plants, evaporation or percolation into the ground.
STORY
That part of a building, except a mezzanine as defined herein, having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
A. 
More than six feet (1,829 millimeters) above the grade plane;
B. 
More than six feet (1,829 millimeters) above the finished ground level for more than 50% of the total building perimeter; or
C. 
More than 12 feet (3,658 millimeters) above the finished ground level at any point.
BASIC STRUCTURAL TERMS
370 Basic Structural Terms.tif
STORY, HALF
An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purpose of this chapter, the usable floor area is only that area having at least four feet of clear height between floor and ceiling.
STREET, PRIVATE
A street that provides the principal means of access to an abutting land use, portions of which may be owned and controlled by the abutting property owners and which may or may not be open to public use.
STREET, PUBLIC
A dedicated public right-of-way, other than an alley, which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, stairways, or any change in the width or number of exits, or any substantial change in the roof.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SWIMMING POOL
Any structure located above or below grade, designed to hold water to a depth greater than 24 inches, to be used for swimming.
TELECOMMUNICATIONS
See "wireless communications facilities."
TEMPORARY USE (BUILDING or STRUCTURE)
A building, structure or use permitted by the Building Official or designee, to exist only during a specific period of time.
TRAILER COACH
See "mobile home."
TRAILER COURT OR PARK
See "mobile home park."
TRANSITION
The word or term "transition," or "transitional," shall mean a zoning district, a landscaped area, arrangement of lots, wall or other means which may serve as a district or area of transition, i.e., a buffer zone between various land use districts and/or land use and thoroughfares.
TRANSITION (THROUGH ZONING)
370 Transition.tif
TRAVEL TRAILER PARK (OVERNIGHT CAMPING FACILITY)
A place utilized for the temporary storage of travel trailers, for camping purposes, where there is no permanent storage of mobile homes for year-round occupancy, and where commercial activity is limited to service the needs of the temporary occupants of the travel trailer park.
USE
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.
USED GOODS/SECONDHAND STORE
A store that sells secondhand goods (previously used by another; not new) at reduced prices. It is engaged in dealing in previously used merchandise or secondhand goods, excluding motor vehicles, such as automobiles, recreational vehicles (RVs), motorcycles, and boats; motor vehicle parts; tires; and mobile homes.
[Added 3-26-2013 by Ord. No. 1259]
VARIANCE
See "zoning variance."
VEHICLE DEALER
A person, firm, corporation, etc., licensed by the state to sell cars, trucks, motorcycles, recreational vehicles, boats and related parts, supplies and services.
VETERINARY CLINIC
A place for the care, diagnosis and treatment of sick or injured animals, and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages. A veterinary clinic may also be known as a "veterinary hospital."
VIDEO STORE
A commercial establishment whose principal function is the renting or sale of video materials such as tapes, electronic video disks and any other format capable of transmitting a picture, except those materials that would categorize the use as an adult video store as defined in this Zoning Ordinance.
WALL, OBSCURING
A structure of definite height and location to serve as an opaque screen in carrying out the requirements of this chapter. For the purposes of this chapter, a wall is not a fence.
WIRELESS TELECOMMUNICATIONS ANTENNA CO-LOCATION
The location by two or more antennas or antenna arrays by wireless communications providers on a common support structure, tower, or building with the intent to reduce the overall number of support structures or towers that may be otherwise required to support wireless communications antennas or antenna arrays in the City.
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes 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 buildings and commercial mobile radio service facilities. 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 law or regulations which preempt municipal regulatory authority.
WIRELESS TELECOMMUNICATIONS FACILITIES (ATTACHED)
Wireless communications facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles and the like. A wireless communications support structure (tower) proposed to be newly established is not included in this definition.
WIRELESS TELECOMMUNICATIONS SUPPORT STRUCTURE
Structures erected or modified to support wireless communications antennas or arrays of antennas. Support structures within this definition include, but are not limited to, monopoles, lattice towers, light poles, wood poles, and guyed towers, or other structures which appear to be something other than a mere support structure.
YARDS
The open spaces on the same lot with a main building, 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 nearest point of the main building.
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 nearest point of the main building. In the case of a corner lot, the rear yard shall be opposite the assigned street frontage.
C. 
SIDE YARD, EXTERIORAn open space between a main building and the street right-of-way line extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the main building.
D. 
SIDE YARD, INTERIORAn open space between a main building and the interior 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 interior side lot line to the nearest point of the main building.
YARDS
370 Yards.tif
ZONING
(See Article III, Zoning Districts and Map.)
ZONING CODE
This chapter.
ZONING DISTRICT
See "district."
ZONING LOT
See "lot, zoning."
ZONING MAP
The Official Map of the City of Roseville that visually depicts by area and identifies by name various zoning districts throughout the City.
ZONING VARIANCE
A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case. The exception differs from the variance in several respects. An exception does not require undue hardship in order to be allowable. The exceptions that are found in this chapter appears as special approval or review by the Planning Commission, legislative body, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
A. 
They require large areas.
B. 
They are infrequent.
C. 
They sometimes create an unusual amount of traffic.
D. 
They are sometimes obnoxious or hazardous.
E. 
They are required for public safety and convenience.
[1]
Editor's Note: See MCLA § 400.701 et seq.
[2]
Editor's Note: See MCLA § 559.101 et seq.
[3]
Editor's Note: See MCLA § 333.26421 et seq.
[4]
Editor's Note: See Ch. 264, Signs.