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;
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, 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.
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.
(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.
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:
(2)
Adult bookstores or adult video stores;
(5)
Adult motion-picture theaters;
(9)
Sexual encounter centers.
S.
(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.
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
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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.
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 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
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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
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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-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]
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.
CONDOMINIUM
A form of ownership, which, for the purposes of this chapter,
is applied to the following terms as defined herein:
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
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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-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, 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, 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.
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.
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
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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, 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.
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.
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.
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.")
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.
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
|
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, 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.
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
|
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.
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.
[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.
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]
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.
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.
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 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]
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]
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.
E.
BOATS AND BOAT TRAILERSIncludes boats, floats, ski jets and rafts, plus 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 UNIT
A room or group of rooms forming a single habitable unit
used for living and sleeping but not containing kitchen or eating
facilities.
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.
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.
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
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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.
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)
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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]
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
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ZONING
(See Article
III, Zoning Districts and Map.)
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.
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.