Village of Cassopolis, MI Article I Authority; Title; Purpose; Definitions

§ 370-1 Enactments and authority.

The Village Council of the Village of Cassopolis in the County of Cass under the authority of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCLA § 125.3101 et seq.), hereby ordains, enacts and publishes this chapter.

§ 370-2 Short title and purpose.

A. This chapter shall be commonly known as the "Village of Cassopolis Zoning Ordinance."

B. The Village Zoning Ordinance is hereby established in accordance with the needs of the Village. The text, map and schedules contained herein shall constitute this chapter. This chapter is expressly adopted for the following purposes:

(1) To protect and promote the public health, safety, and general welfare of the Village.

(2) To control and guide the orderly growth and development of the Village in accordance with its comprehensive planning program, and to implement the growth and development goals and policies contained therein, some of which are enumerated as follows:

(a) To encourage a wide range of housing opportunities in an orderly manner in the Village from single-family to multiple-family and congregate housing for the elderly;

(b) To ensure that the residential housing environment of the Village is safe, healthful and free of visual blight;

(c) To preserve the character and value of certain historic areas and structures;

(d) To preserve and enhance the appearance and viability of the Central Business District;

(e) To ensure the orderly development and operation of industrial uses;

(f) To guard against community impacts which can adversely affect those positive qualities that make up the distinctive character of the Village, and which can adversely affect its social and economic climate;

(g) To promote and protect the value of land and buildings which are appropriate to the various districts established by this chapter; and

(h) To prevent conflicts between the use of land and buildings.

§ 370-3 Definitions.

A. For the purpose of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

B. Unless the context clearly indicates the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word "herein" means this chapter; the word "regulation" means the regulations of this chapter; and the words "this chapter" shall mean "the chapter text, tables and maps included herein, as enacted or subsequently amended."

C. A "person" includes a corporation, a partnership, a limited-liability corporation, and an unincorporated association of persons such as a club; "shall" is always mandatory; a "lot" includes a plot or parcel; a "building" includes a structure; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

D. The "Village" is the Village of Cassopolis in the County of Cass, State of Michigan; and "Village Council," "Board of Appeals," and "Planning Commission" are respectively the Village Council, Board of Appeals, and Planning Commission of the Village.

E. Any words not defined in this chapter shall be construed as defined in the Housing Law of Michigan, Public Act No. 167 of 1917 (MCLA 125.401 et seq.).

F. Terms and words in this chapter shall be defined as follows:

ACCESSORY BUILDING

A detached subordinate building or structure on the same premises with a main building, occupied or devoted to an accessory use which is appropriate, supplemental and customarily related to the use of the main building or premises. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building, including a carport, covered porch or other roofed structure.

ACCESSORY USE

A use subordinate and customarily incidental to the main use of a lot.

ADULT BUSINESSES

The following definitions shall apply to adult businesses as permitted in the I-2 Zoning District:

[Amended 11-25-2019 by Ord. No. 259]

(1) ADULT BOOKSTORE An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, digital content and other periodicals consisting of 75% of inventory which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined, or an establishment with a segment or section devoted to the sale or display of such material.

(2) ADULT MINI MOTION-PICTURE THEATER An enclosure with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined, for observation by patrons therein.

(3) ADULT MOTION-PICTURE THEATER An enclosure with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, relating to specified sexual activities or specified anatomical areas, as hereinafter defined, for observation by patrons therein.

(4) ADULT SMOKING OR SEXUAL PARAPHERNALIA STORE An establishment having, as a substantial or significant portion of its stock-in-trade, paraphernalia designed or usable for sexual stimulation or arousal or for smoking, ingesting or inhaling marijuana, narcotics or other stimulating or hallucinogenic drug-related substances.

(5) MASSAGE PARLOR An establishment where persons conduct, or permit to be conducted or engaged in, massages of the human body or parts thereof by means of pressure, imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the same with hands, or other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other means of preparations to provide relaxation or enjoyment to the recipient.

(6) HOST OR HOSTESS ESTABLISHMENT Establishments or clubs offering socialization with a host or hostess for a consideration to the host or hostess or for an admission or membership fee.

(7) OPEN DANCE HALL An establishment where open public dancing by patrons is available during at least four days per week, with or without partners furnished by the establishment.

(8) PAWNSHOP An establishment where merchandise is left as security for a loan of money and abandoned if repayment of the loan has not been made within a specified period.

(9) SPECIFIED SEXUAL ACTIVITIES

(a) Acts of human masturbation, sexual intercourse or sodomy;

(b) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;

(c) Human genitals in a state of sexual stimulation or arousal.

(10) SPECIFIED ANATOMICAL AREAS

(a) Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola;

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

ADULT DAY-CARE SERVICE

Care of any part of a day, but less than twenty-four-hour care, for adults.

ADULT FOSTER CARE

A governmental or private facility for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped and who require supervision but not continuous nursing care.

ALLEY

A strip of land over which there is a right-of-way, public or private, on which generally no dwelling or land uses front, serving as a rear entrance to one or more properties.

ALTERATION

Any change, addition, or modification in construction or type of occupancy; and any change in the roof or supporting members of the building structure, such as bearing walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed."

ANIMAL

Any dog, cat, bird, reptile, mammal, fish or any other nonhuman creature.

AUTOMOBILE OR TRAILER SALES AREA

An area used for the display, sale or rental of new and/or used motor vehicles, snowmobiles, motorcycles, recreational vehicles, boats or trailers in operable condition and where no repair work is done.

AUTOMOBILE REPAIR, MAJOR

Any activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair, overall painting and vehicle rust proofing.

AUTOMOBILE REPAIR, MINOR

Any activity involving minor repairs to motor vehicles and the incidental replacement of parts of such vehicles. A place where either gasoline or any other fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and applied directly into motor vehicles, including the sale of accessories, greasing, oiling and minor automotive repair on the premises.

AUTOMOBILE WASH ESTABLISHMENT

A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

BASEMENT or CELLAR

A portion of a building having more than 1/2 of its height below grade.

BED-AND-BREAKFAST FACILITY

A building, other than a hotel, where lodgings and light breakfasts for persons, other than the family, are regularly provided for compensation.

BOARDINGHOUSE

A building or part thereof, other than a hotel or motel, where lodgings are provided for remuneration, more or less transiently, and with or without provision for meals.

BOARD OF ZONING APPEALS

The Village Board of Zoning Appeals, the members of which have been duly appointed by the Village Council and is authorized as a body to interpret, hear appeals, and grant variances only in accordance with the provisions of this chapter.

BUILDING

The portion of a lot remaining after required yards have been provided.

BUILDING, EXISTING

Any building actually constructed or the construction of which was started previous to the effective date of the ordinance from which this chapter is derived, provided that the construction of any such building continues uninterruptedly and is completed within six months from such date. Any building damaged by fire, collapse, or decay to the extent of its full assessed value of record at the time of damage shall not be considered an existing building.

BUILDING HEIGHT

The vertical distance from the average elevation of the established finished grade of a lot to the highest point of the roof surface if the roof is flat; to the deck line, if the roof is of the mansard type; or to the average height between the eaves and the ridge if the roof is gable, hip or gambrel type. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

BUILDING INSPECTOR

The officer charged with the administration and enforcement of the single state construction code, or his duly authorized representative.

BUILDING LINE

A line parallel to the front lot line, which marks the location of the building.

BUILDING PERMIT

A permit signifying compliance with the provisions of this chapter as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the Village.

BUILDING SITE

A lot, or a two-dimensional condominium unit of land (i.e., envelope, footprint), with or without limited common elements, designed for construction of a principal structure or a series of principal structures plus accessory buildings. All building sites shall have access to a public or private road.

CHURCH

A building used principally for religious worship, but the word "church" shall not include or mean an undertaker's chapel or funeral building.

CLINIC

A building or group of buildings where human patients are treated, but not lodged overnight, for examination and treatment by more than one professional, such as a physician or dentist.

COMMERCIAL VEHICLE

Any motor vehicle other than a motorcycle or private passenger automobile designed or used primarily for the transportation of persons or property.

COMMON ELEMENTS

Portions of the condominium project other than the condominium sites.

CONDOMINIUM UNIT

That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, or any other type of use approved by the state.

CONSTRUCTION

The building, erection, alteration, repair, renovation (or demolition or removal) of any building, structure or structural foundation, or the physical excavation, filling and grading of any lot other than normal maintenance, shall constitute construction.

CONVALESCENT OR NURSING HOME

A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders wherein seven or more persons are cared for. This home shall conform and qualify for license as required by the state.

CONVENIENCE STORE

A commercial establishment which sells miscellaneous food and nonfood items, and may be constructed in conjunction with another principal use, such as a gasoline station.

CURB LEVEL or GRADE

The mean level of the established curb in front of the building. Where no curb has been established, the Village Engineer shall establish such curb level for the purpose of these regulations.

DAY-CARE FACILITIES

(1) COMMERCIAL CHILD-CARE CENTER A facility, other than a private residence, receiving one or more preschool- or school-aged children for care for periods of less than 24 hours a day. A commercial child-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 includes commercial child-care centers, nursery schools, preschools, cooperative nurseries or preschool and drop-in centers.

(2) FAMILY DAY-CARE HOME Family day-care homes that are licensed by the state and permitted in all residential districts.

(3) GROUP DAY-CARE HOME Group day-care homes that are licensed by the state are permitted in all single-family residential districts subject to the requirements of § 370-367.

DOMESTIC PET

Any animal commonly kept as a household pet, including but not limited to dogs, cats, small animals and birds. "Domestic pet" shall not include any livestock, or animals which present a hazard to humans.

DWELLING

A house or building, or portion thereof, which is occupied wholly as the home, residence, or sleeping place by one or more human beings, either permanently or transiently, but in no case shall a travel trailer, motor home, automobile/vehicle, tent, or portable building be considered as a dwelling. In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purpose of this chapter and shall comply with the provisions hereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed as part of a dwelling for area requirements.

(1) DWELLING, MULTIPLE A building used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including homes.

(2) DWELLING, ONE-FAMILY A building occupied by one family and so designed and arranged as to provide living, cooking, and kitchen accommodations for one family only. Every one-family dwelling shall have a minimum width throughout the entire length of the dwelling of 24 feet measured between the exterior part of the walls having the greatest length.

(3) DWELLING, TWO-FAMILY (also known as a DUPLEX) A dwelling occupied by two families, each provided with separate facilities for each family for living accommodations. Every two-family dwelling shall have a minimum width throughout the entire length of the dwelling of 24 feet measured between the exterior part of the walls having the greatest length.

(4) DWELLING UNIT Any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, motor home, automobile/vehicle, tent, or other portable building be considered a dwelling. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions of this chapter relative to dwellings.

EMERGENCY/TRANSITIONAL RESIDENCES

A facility operated by a government agency or private nonprofit organization which provides temporary accommodations and on-site management for homeless persons or families, or other individuals or families in similar or related circumstances.

ERECTED

Built, constructed, reconstructed, moved upon.

ERECTING

Includes any physical operations required for the building on the premises where the building is being constructed, reconstructed, or moved. Excavating, filling, draining, and the like, shall be considered part of erecting.

ESSENTIAL SERVICES

All publicly or privately owned utilities, such as electrical, gas, water, sewer and communication generation, storage, distribution, collection, supply, and disposal systems; municipal police and fire; the erection, maintenance, alteration and removal of the foregoing; and all personal property and fixtures, including poles, wires, pipes and other accessories reasonably necessary for the furnishing of adequate service by such utility or municipal department shall be allowed in all zoning districts.

FAMILY

(1) DOMESTIC FAMILY One or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single, domestic housekeeping unit in the dwelling.

(2) FUNCTIONAL FAMILY Persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond that constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons in the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single nonprofit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be a rebuttable presumption enforced by the Building Inspector in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six.

FIRST STORY

The lowest story of a building, the ceiling of which is more than seven feet above the average surface elevation of the ground, or sidewalk adjacent to its exterior walls.

FRONTAGE

The total length along which a parcel of land fronts on a street, measured along the line where the property abuts the street right-of-way.

GARAGE, AUTOMOTIVE COMMERCIAL

Any premises available to the public and used solely for the storage of automobile or motor-driven vehicles, for remuneration, hire, or sale, where any such vehicles or engines may also be serviced for operation, or repaired, rebuilt or reconstructed.

GARAGE, PRIVATE

A building or other structure designed for the housing of automobiles.

GARAGE, PUBLIC

Any building or premises, other than a gasoline filling station, used for the housing or care of more than three automobiles, or where any such automobiles are equipped for operation, repaired or kept for remuneration, hire, or sale.

GASOLINE STATION

A space, structure, building or part of a building, used for the retail sale, service or supply of motor vehicle fuels, lubricants, air, water, batteries, tires, other accessories, motor vehicle washing or lubricating; or customary facilities for the installation of such commodities in or on such motor vehicles, including special facilities for the painting, repair or similar servicing thereof.

GREENBELT

A planting strip or buffer strip, at least 10 feet in width, which shall consist of deciduous and/or evergreen trees spaced not more than 30 feet apart and at least one row of dense shrubs spaced not more than five feet apart and which are five feet or more in height after one full growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.

GROSS SITE AREA

The total area within and conforming to the legal description of the site.

HAZARDOUS MATERIALS

Any materials that have been declared to be hazardous to any agency of the state or of the United States, including but not limited to toxic materials and metal hydroxides.

HOME OCCUPATION

Any occupation or profession carried on by one or more members of a family residing on the premises. No commodity other than those customarily associated with the business is sold upon the premises. No more than one person is employed, contracted or subcontracted, other than a member of the immediate family residing on the premises. No mechanical equipment may be installed except such as is normally used for purely domestic or household purposes. No more than 25% of the total actual floor area of any story is used for home occupation or professional purposes. Home occupation does not include a family or group day-care home licensed by the state.

HOUSING FOR THE ELDERLY

A multiple-family development having the following tenant eligibility requirements. At the time of rental application, tenants must be:

(1) Families or two or more persons, the head of which (or the spouse of which) is 62 years of age or older, or is handicapped; or

(2) Single persons who are 62 years of age or older or who are handicapped. A handicapped person is one whose impairment:

(a) Is expected to be continued and of indefinite duration;

(b) Substantially impedes his ability to live independently; or

(c) Is such that his ability to live independently could be improved by more suitable housing.

INSTITUTIONAL USES

Churches, schools, hospitals, and other similar public or semipublic uses. This excludes nursing homes, convalescent homes, and adult foster care facilities.

JUNKYARD

Any land area, including buildings thereon, used primarily for the outdoor collecting, storage and abandonment of wastepaper, rags, scrap metal or discarded materials which are for sale; or which is used for the outdoor collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition for the sale of parts thereof.

KENNEL

Any lot or premises on which not more than five domestic pets, including more than three dogs or four cats, are kept permanently or temporarily boarded.

LABORATORY

Any place devoted to experimental, routine study or basic study, such as testing and analytical operations, in which the manufacturing of products, except prototypes for test marketing, is not performed.

LANDSCAPED AREA

A portion of land area which has been changed, rearranged, or to which plant materials or scenery have been added to produce an aesthetic effect appropriate for a zoned area.

LAND USE PLAN, OFFICIAL

The official land use plan so designated by the Planning Commission and incorporated into and made a part of this chapter.

LIMITED COMMON ELEMENTS

The portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

LOADING BERTH

An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in the computation of required off-street parking. A loading space is 528 square feet in area.

LOT

A measured portion of a parcel or tract of land which is described and fixed in a recorded plat or designated on a recorded subdivision.

LOT AREA

The area of a lot bounded by lot lines.

LOT, CORNER

A lot whose lot lines form an interior angle of less than 135° at the intersection of two street lines. A lot abutting on a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

LOT COVERAGE

The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

LOT LINE

The boundary line of a lot.

LOT LINE, FRONT

The line which is parallel or nearly parallel to the rear lot line.

LOT LINE, REAR

The lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.

LOT LINE, SIDE

Any lot line not a front or rear lot line.

LOT OF RECORD

A lot which actually exists in a subdivision or plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been recorded.

LOT WIDTH

The average distance between side lot lines measured at the building line, on a line parallel to the street, and measured at right angles to the side lot lines.

MASTER DEED

The condominium document recording the condominium project as approved by the Village Council 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.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. "Manufactured home" does not include a recreational vehicle [Public Act No. 96 of 1987 (MCLA 125.2301 et seq.)]. All manufactured homes must conform to the U.S. Department of Housing and Urban Development's code for manufactured homes. "Manufactured home" includes a double-wide unit.

MANUFACTURED HOME PARK

A parcel or tract of land, upon which three or more manufactured homes are located on a continual nonrecreational basis, and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended or used incidental to the occupancy of a manufactured home, and which is not intended for use as a recreational vehicle trailer park [Public Act No. 96 of 1987 (MCLA 125.2301 et seq.)].

MODULAR DWELLING

A structure which meets the requirements of the single state construction code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, when connected to the required utilities, such as plumbing, heating, and electrical systems.

MOTEL or MOTOR HOTEL

A series of attached, semidetached, or detached rental units providing long-term or transient lodging with motor vehicle parking in an area contiguous to the building.

NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT)

A lot lawfully existing at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

NONCONFORMING STRUCTURE

A structure, or portion thereof, lawfully existing at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

NONCONFORMING USE

A use lawfully existing in a building or on land at the effective date of the ordinance from which this chapter is derived, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

NUISANCE

Shall be held to embrace "public nuisance" as known at common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; any dwelling or building which is overcrowded or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this chapter, nuisances and all such nuisances are hereby declared illegal.

OPEN AIR BUSINESS

Shall be defined to include the following:

(1) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

(2) Retail sale of fruits and vegetables.

(3) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park and/or similar recreational uses.

(4) Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale; rental or repair services.

(5) Outdoor display and sale of garages, swimming pools, motor homes, snowmobiles, modular dwellings, farm implements, and similar products.

PARCEL

A tract or continuous area or acreage of land which is occupied or intended to be occupied by a building, series of buildings, accessory building, condominium units, or by any other use or activity permitted thereon and including open spaces and setbacks required under this chapter, and having its frontage on a public or private road.

PAVED ROAD OR STREET

A right-of-way reserved for the use of the occupants of the abutting structures and shall have a minimum thirty-foot paved width or mandatory minimum established by emergency personnel.

PERSONAL SERVICE ESTABLISHMENT

A business providing a service to customers, including but not limited to hair salon, health spa, and similar businesses but in no case adult businesses as defined in this chapter.

PLANNING COMMISSION

The Village Planning Commission and shall have all powers granted under authority of Public Act No. 285 of 1931 (MCLA 125.31 et seq.[1]), and as provided in this chapter.

PRIVATE STREET

A right-of-way reserved for the use of the occupants of the abutting structures. Said private street shall not be accepted by the Village for maintenance in any form and shall have a minimum thirty-foot paved width or mandatory minimum established by emergency personnel.

PUBLIC UTILITY

Any person, firm, corporation, municipal department or board duly authorized to furnish or furnishing under regulation, to the public, electricity, gas, steam, communication, transportation, drainage or water.

PUTRESCIBLE WASTE

Material which is capable of undergoing the process of decomposition resulting in the formation of malodorous by-products.

RECREATIONAL VEHICLE

Any self-propelled vehicle or towed vehicle intended primarily for recreational purposes and shall be deemed to include, but not be limited to, motor homes, travel trailers, tent trailers, collapsible trailers, expandable trailers, pickup coach campers, unattached pickup covers, motorcycle trailers, snowmobile trailers, utility trailers, vehicle transporting trailers, stock car trailers, camping trailers, boat trailers, snowmobiles, trail bikes or cycles, unlicensed motorcycles or motor-driven cycles, pontoon boats, rafts, and boats.

RECYCLING FACILITY

A facility to receive recyclable material, where any method, technique, or process is utilized to separate, process, modify, convert, treat or otherwise prepare nonputrescible waste so that component materials or substances may be used or reused or sold to third parties for such purposes. The use or reuse or a solid waste may not be used in a manner that would constitute solid waste disposal.

REPAIRS

The rebuilding or renewal of a part of an existing building for the purpose of maintaining its original type and classification.

RESEARCH AND DEVELOPMENT FACILITY

Any facility that is involved in the inquiry, examination, investigation or experimentation aimed at the discovery and/or interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws and the development thereof. Development may include a limited number of test units of a given product resulting from such research and shall include limited production while a product is being test-marketed which is the interim step between full research and development and ultimate full scale production.

RESTAURANT

(1) DRIVE-IN RESTAURANT Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:

(a) Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.

(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.

(2) FAST-FOOD RESTAURANT Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes both the following characteristics:

(a) Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

(3) CARRY-OUT RESTAURANTS Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:

(a) Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

(b) The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

(4) DRIVE-UP RESTAURANT Any restaurant whose method of operation involves the delivery of a prepared food/beverage to the customer in a motor vehicle, typically through a drive-up window, for consumption off the premises.

(5) STANDARD RESTAURANT Any establishment whose principal business is the sale of foods, frozen desserts, or beverages (alcoholic and nonalcoholic) to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:

(a) Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.

(b) A cafeteria-type operation where foods, frozen desserts, or beverages (alcoholic and nonalcoholic) generally are consumed within the restaurant building.

(6) BAR/LOUNGE/TAVERN A structure or part of a structure designed, maintained, and operated primarily for the dispensing of alcoholic beverages in compliance with the state Liquor Control Commission. The selling of food and snacks may also be permitted as an accessory use to the bar/lounge/tavern.

ROAD OR STREET, PUBLIC

A public right-of-way of 66 feet or more in width which has been dedicated for the purposes of providing access to abutting private lots of land, including the space for pavement and sidewalks.

SETBACK

The minimum horizontal distance a building or structure or any portion thereof is required to be located from the boundaries of a lot or parcel.

SHOPPING CENTER

A retail commercial establishment or a group of retail establishments which is planned, developed, owned and managed as a unit, with off-street parking provided on the property.

SIGN

A device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any business, establishment, person, entity, product, service or activity, or to communicate information of any kind to the public.

(1) ABANDONED SIGN A sign which no longer identifies or advertises a bona fide business, owner, lessor, person, service, product or activity, or for which no legal owner can be found.

(2) ACCESSORY SIGN A sign which pertains solely to the use of the property on which it is located such as an established product, merchandise, good, service or entertainment which is located, sold, offered, produced, manufactured or furnished at the property on which the sign is located.

(3) ALTERATION Any change in a sign, including, but not limited to, any change in a sign's dimensions, shape, area, height, number or orientation of sign faces, structural support, location on the property, materials or lighting. A change solely in the wording of the copy of the sign shall not constitute an alteration, unless the change would cause the sign to be reclassified to a type of sign subject to different or more restrictive regulation.

(4) BILLBOARD A large, flat surface or board, normally mounted on a frame, which is designed to carry outdoor advertising consisting principally of brand name or trade name advertising. When the product or service advertised is only incidental to the principal activity, or if it brings rental income to the property owner or sign owner, it shall be considered to be the business of outdoor advertising. This includes signs on narrow strips of land contiguous to the advertised activity, or signs on easements on adjacent property.

(5) CANOPY A suspended, permanent structure, attached to a building that extends from the building face toward the right-of-way. Canopies shall meet all setback and height requirements of the zoning district in which they are located. Encroachment of canopies over a public right-of-way shall only be as approved by the Village. The portion of the canopy containing a message shall be considered as part of the allowable wall signage.

(6) CHANGEABLE COPY SIGN A sign on which the message is changed manually or electronically on a periodic basis.

(7) COMMERCIAL MESSAGE Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises, locates or calls attention to a business, profession, product, service or other commercial activity.

(8) COMMUNITY SERVICE GROUP SIGN A sign which displays the name or logo of an agency, organization or group whose primary purpose is to promote or provide community service.

(9) COMMUNITY SPECIAL EVENT SIGN A sign, either portable or nonportable, displayed only for a limited time, to call attention to special events of interest to the general public which are sponsored by governmental agencies, schools or other groups which are nonprofit and whose purpose is charitable, philanthropic, religious or benevolent.

(10) CONSTRUCTION SIGN A sign which identifies the owners, lenders, contractors, architects and engineers of a project under construction, as well as the project itself.

(11) COPY The wording on a sign surface in either permanent or removable letter form.

(12) DIRECTIONAL SIGN A sign which displays directions, instructions, corporate logo, or facility information for the movement of vehicles or pedestrians on the lot on which the sign is located, but not including a commercial message.

(13) ERECT To build, construct, attach, hang, place, install, suspend or affix.

(14) FREESTANDING SIGN A sign not attached to a building or wall, which is supported by one or more poles or braces which rest on the ground or on a foundation resting on the ground.

(15) GROUND SIGN A freestanding sign, the bottom of which is no more than 24 inches above the finished grade.

(16) GOVERNMENTAL SIGN A sign erected or required by the Village, county, state or federal government.

(17) MEMORIAL SIGN A nonilluminated sign, tablet, or plaque memorializing a person, event, structure or site.

(18) NAMEPLATE SIGN A sign identifying the name of a person.

(19) NONACCESSORY SIGN A sign that relates to or advertises an establishment, product, merchandise, good, service or entertainment which is not located, sold, offered, produced, manufactured or furnished at the property on which the sign is located (including billboards).

(20) NONCOMMERCIAL SIGN A sign, either portable or nonportable, without any commercial message.

(21) OFF-PREMISES SIGN A sign not located on the premises which it advertises.

(22) PORTABLE SIGN A sign that is not permanent or affixed to a building or structure and by its nature may be or is intended to be moved from one location to another, whether rented or owned, such as "A" frame signs or signs attached to or painted on vehicles permanently parked and visible from the public right-of-way unless the vehicle is used for travel purposes in the normal day-to-day operation of the business.

(23) REAL ESTATE SIGN A nonilluminated temporary sign pertaining to the sale, rent or lease of the property on which the sign is located.

(24) RESIDENTIAL SUBDIVISION SIGN A sign identifying a platted subdivision, site condominium project, multifamily development, or residential development.

(25) ROOFLINE The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.

(26) ROOF SIGN A sign erected above or which extends above the roofline of a building.

(27) TEMPORARY SIGN

(a) Temporary construction sign for development and construction projects in any district, provided that signs are used in accordance with the provisions of this chapter.

(b) Temporary business sign, including freestanding signs, portable signs, banner, pennant, streamer, balloon or gas-filled figures which are used for on-premises business promotional purposes. The signs shall meet the size, area and placement provisions of this chapter.

(c) Community special event signs that announce an on-premises drive, campaign, activity or event of a civic, philanthropic, educational, religious organization or nonprofit for noncommercial purposes and shall be subject to the following:

[1] Limited to freestanding signs, portable signs and items such as banners, pennants, streamers, balloons and gas-filled figures. Banners, pennants, streamers and balloons shall be securely anchored and consistent with public safety standards. Each item used shall constitute a separate sign usage, and the number of signs shall be in accordance with the provisions of this chapter. Portable signs may be used as temporary event signs upon the issuance of a sign permit; however, no movable sign used as a temporary event sign shall be located on any premises with any other movable sign.

[2] Temporary event signs may be illuminated in accordance with the provisions of this chapter and subject to the supervision and discretion of the Village.

(28) WALL SIGN A sign painted or attached directly to and parallel to the exterior wall of a building. A wall sign shall extend no more than 12 inches from the exterior face of the wall to which it is attached (except canopies as defined in this section), shall not project beyond the wall to which it is attached, and shall not extend above the roofline of the building to which it is attached.

(29) YARD SALE SIGN A sign advertising a yard, garage, rummage or similar sale.

SITE CONDOMINIUM PROJECT

A plan or project consisting of not less than two single-family units established in conformance with the condominium act [Public Act No. 59 of 1978 (MCLA 559.61 et seq.[2])].

SPECIAL USE PERMIT

A permit for a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to the number, area, location or relation to the Village, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. Such uses shall be permitted when the review criteria provided for them in this chapter are met.

STRUCTURAL CHANGES OR ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.

STRUCTURE

Any constructed object having footing on the ground, including fences, buildings, sheds and similar constructions.

SWIMMING POOL

Any structure or container, either above or below grade, located either in part or wholly outside a permanently enclosed and roofed building, designed to hold water to a depth of greater than 12 inches when filled to capacity, intended for immersion of the human body, whether for swimming or wading or both.

TEMPORARY BUILDING OR USE

A structure or use permitted by the Building Inspector to exist during periods of construction of the main use or for special events, not to exceed six months. Two extension periods of six months each are allowed.

VARIANCE

A varying or relaxation of the standards of this chapter by the Board of Zoning Appeals; where such variances will not be contrary to the public interest; and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in practical difficulty.

VEHICLE

A conveyance which includes automobiles, trucks, and other motorized forms of transportation.

VIEWSHED

That scenic area which is visible from a specific location on the ground.

YARD

An open space, unoccupied and unobstructed from the ground upwards, except as otherwise provided herein, and on the same lot with a building. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.

(1) REQUIRED YARD That portion of any lot on which the erection of a main building is prohibited.

(2) FRONT YARD A yard on the same lot with a building between the front line of the building and the front lot line and extending from one side lot line to the other side lot line. Corner lots shall have a front yard on each side that abuts a right-of-way.

(3) REAR YARD A yard on the same lot with a building between the rear line of the building and the rear lot line and extending from one side lot line to the other side lot line.

(4) SIDE YARD A yard on the same lot with a building between the side lot line and the nearest side line of the building and extending from the rear yard to the front yard.

[1] Editor's Note: MCLA 125.31 et seq, was repealed by Public Act No. 33 of 2008, effective 9-1-2008.

[2] Editor's Note: See now MCLA 559.101 et seq.

§ 370-4 through § 370-30. (Reserved)