City of Corunna, MI Article I In General

§ 86-1 Purpose of chapter; statutory authority.

[Amended 6-6-1994 by Ord. No. 94-06]

Pursuant to the authority conferred by Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended, this chapter is enacted for the purpose of promoting and protecting the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of the City by protecting and conserving the character and social and economic stability of the residential, commercial, industrial and other use areas, by securing the most appropriate use of land; by preventing overcrowding; and by facilitating adequate and economical provision of transportation, water, sewers, schools, recreation and other public requirements; and by other means, all in accordance with a comprehensive plan.

§ 86-2 Definitions and rules of construction.

[Amended 6-6-1994 by Ord. No. 94-06; 6-22-2001 by Ord. No. 2001-01; 7-7-2006 by Ord. No. 06-03; 11-19-2007 by Ord. No. 07-03]

(a) The following rules of construction apply to the text of this chapter:

(1) The particular shall control the general.

(2) In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(3) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(4) Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and the plural and the singular, unless the context clearly indicates the contrary.

(5) The word "building" or "structure" includes any part thereof.

(6) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."

(7) The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(8) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows:

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

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

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

(9) Terms not defined in this chapter shall have the meaning customarily assigned to them.

(b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ABUTTING

Having a common border with or being separated from such a common border by a right-of-way, alley or easement.

ACCESSORY BUILDING

[Amended 7-20-2015 by Ord. No. 2015-04]

(1) A building that:

a. Has a roof that is supported by columns and walls;

b. Is intended for the shelter or enclosure of persons, animals, goods or chattel; and

c. Is further intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related.

(2) Examples of accessory buildings include garages, carports, storage sheds, gazebos, and greenhouses. Portable structures made of fabric/vinyl with structural supports may be included within this definition provided they meet all the requirements of this section.

ACCESSORY USE and ACCESSORY

A structure/building or use that:

[Amended 7-20-2015 by Ord. No. 2015-04]

(1) Is clearly incidental to and customarily found in connection with a principal building or use;

(2) Is subordinate to and serves a principal building or a principal use;

(3) Is subordinate in area, extent or purpose to the principal building or principal use served;

(4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and

(5) Is located on the same lot as the principal building or use served.

ADDITION

An extension or increase in floor area or height of a building or structure.

ADULT ENTERTAINMENT BUSINESS

The following words and phrases shall have the following definitions when/as relates to "adult entertainment businesses":

(1) ADULT ENTERTAINMENT BUSINESS One or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult cabaret, adult personal service business, adult novelty business.

(2) ADULT BOOKSTORE An establishment having as a principle activity the sale or rental of books, magazines, newspapers, video tapes, video discs and motion picture films which are characterized by their emphasis on portrayals of specific sexual activities or specific anatomical areas and an establishment with a segment or section devoted to the display of such materials.

(3) ADULT CABARET An establishment which features one or more dancers, strippers, male or female impersonators or similar entertainers, performers, wait staff or other persons who reveal or show specific anatomical areas of their bodies of who engage in, perform or simulate specific sexual activities. "Cabaret" also includes any place wherein food or any type of alcoholic beverage is sold or given away on the premises, the operator of which place holds a yearly license to sell such beverages by the glass.

(4) ADULT NOVELTY BUSINESS A business which has as a principle activity the sale of devices which simulate human genitals or devices designed for sexual stimulation.

(5) ADULT MOTION PICTURE THEATER An enclosed building or any open area used for presenting motion picture films, video cassettes, cable television or other visual media, distinguished or characterized by an emphasis on specific sexual activities or specific anatomical areas for observation by patrons therein.

(6) ADULT PERSONAL SERVICES BUSINESS A business having as a principle activity a person of one sex, while nude or partially nude, providing personal services for a person on an individual basis in a enclosed room. It includes, but is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances.

(7) PRINCIPLE ACTIVITY An activity accounting for more than 15% of a business' sales, gross receipts, display space, floor space, or movie display time per month.

(8) SPECIFIC ANATOMICAL AREAS Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the line of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(9) SPECIFIC SEXUAL ACTIVITIES Shall include, but not be limited to human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

ADULT FOSTER CARE FACILITY

A governmental or nongovernmental establishment subject to state licensing procedures as may be required, having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged, emotionally disturbed, developmentally disabled or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. The term "adult foster care facility" does not include a nursing home, a home for the aged, an alcohol or a substance abuse rehabilitation center, a hospital for the mentally ill, or similar facilities.

ADULT FOSTER CARE FAMILY HOME

A private residence with the approved capacity to receive not more than six adults who shall be provided foster care for five or more days per week, and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME

An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults who shall be provided foster care.

ADULT FOSTER CARE SMALL GROUP HOME

An adult foster care facility with the approved capacity of not more than 12 adults who shall be provided foster care.

AGED

An adult whose chronological age is 60 years of age or older, or whose biological age, as determined by a physician, is 60 years of age or older.

ALLEY

Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

ALTERATIONS

Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to in this chapter as "altered" or "reconstructed."

APARTMENTS

A suite of rooms or a room in a multiple-family building arranged and intended for a place or residence of a single family or a group of individuals living together as a single housekeeping unit.

ARCADE

Any place of business or establishment whose principal use shall be the housing of mechanical amusement devices. Mechanical amusement devices include any machine which, upon the insertion of any coin, slug, token, plate or disc, or which, for a fee paid to the operator or owner, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, skillball, mechanical grab machines, television display devices or machines and all games, operations or transactions similar thereto, whether operated principally by mechanical means or electrical means or a combination thereof, under whatever name they may be indicated or called.

ARCHITECTURAL FEATURES

Architectural features of a building or a structure shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

AUTOMOBILE REPAIR

The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting and undercoating of automobiles.

BASEMENT

That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

BED-AND-BREAKFAST INN

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 intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of such features and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

BOARDINGHOUSE

A dwelling where meals, or lodging and meals, are provided for compensation and where one or more rooms are occupied by persons by prearrangement for definite periods of not less than one month. A boardinghouse is to be distinguished from a hotel, motel, bed-and-breakfast establishment, or convalescent, nursing or group home.

BUFFER AREA

An area, usually landscaped, intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

BUILDING

A structure erected on-site, a mobile home or mobile structure, or a premanufactured or precut structure, above or below ground, having a roof or walls, and built for, or capable of, the shelter or enclosure of persons, animals, chattels or property of any kind.

BUILDING HEIGHT

The vertical distance from grade to the top of a parapet wall in the case of a flat roof, to the deck line for mansard roofs, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs. The height of detached accessory structures shall be the distance from grade to the top of a parapet wall in the case of a flat roof, and to the peak of the roof for mansard, gable, hip and gambrel roofs.

BUILDING INSPECTOR

The administrative official designated by the City Manager with the responsibilities of administering and enforcing this chapter.

BUILDING LINE

A line formed by the face of the building. For the purposes of this chapter, a minimum building line is the same as a front setback line.

CARWASH

An area of land or a structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.

CLINIC

An establishment where human or animal patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, veterinarians or similar professionals.

CLUB, PRIVATE FACILITIES

Any nonprofit facility established to provide recreational or social activities for the sole and exclusive use of its members, their families and guests.

CLUSTER DEVELOPMENT

A development design technique that concentrates buildings in specific locations on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas.

CONVALESCENT OR NURSING HOME

A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.

COUNTY WORK RELEASE FACILITY

A facility owned and operated by the county for the purpose of housing inmates within the county correctional system who meet one of the following classifications:

(1) WORK RELEASE INMATES Men and women sentenced to jail by the various judges in the county who are granted the privilege of being released each day to go to their normal employment. They return after work and remain in the custody of the sheriff. They do not include persons convicted of major sex offenses. Judicial discretion is the major tool for determining the availability of work release for each inmate.

(2) COMMUNITY WORKER INMATES Men and women sentenced to jail by the various judges in the county who provide general labor to several governmental or non-profit groups. These persons are low-end offenders who propose minimal risk and do not include persons convicted of drug crimes resulting in a felony conviction and violent crimes resulting in a felony conviction.

(3) INMATE TRUSTY Men and women sentenced to jail by the various judges in the county who are assigned duties that vary from general cleaning and laundry service to food preparation. Such a facility could also include accessory uses related to work with inmates and parolees including offices for a community corrections program.

DAY CARE CENTER

A school, kindergarten or adult care facility wherein day care, or day care and education, is provided.

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

A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DWELLING, MOBILE HOME

A detached residential dwelling unit with a body width greater than eight feet, of not less than 40 feet in length, and designed for transportation, after fabrication, on streets or highways, on its own wheels, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks, or other temporary or permanent foundations, connections to utilities and the like. A mobile home shall not be considered a travel trailer, motor home or any other type of recreational vehicle. In addition, mobile homes which do not conform to the standards for one-family dwellings of this chapter shall not be used for dwelling purposes within the City unless located within a mobile home park or a mobile home plat zoned for such uses, or unless used for temporary residence purposes as provided in this chapter.

DWELLING, MULTIPLE-FAMILY

A building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth for one-family dwellings.

DWELLING, ONE-FAMILY

A building designed exclusively for one family for residential use.

DWELLING, TWO-FAMILY

A building containing not more than two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth for one-family dwellings.

DWELLING UNIT

A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking and sanitary facilities.

DWELLING UNIT, MANUFACTURED

A dwelling unit which is substantially built, constructed, assembled or finished off the premises upon which it is intended to be located.

DWELLING UNIT, SITE-BUILT

A dwelling unit which is substantially built, constructed, assembled and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of precut materials and panelized wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as the dwelling unit's final location.

EARTH BERM

A mound of earth planted with ground cover, grass, trees or other landscaping material intended to minimize the view of parking areas and reduce noise and dust from adjacent uses and passersby.

EASEMENT

A grant of one or more property rights by the property owner to or for the use by the public, a corporation, or another person or entity.

ELDERLY HOUSING

A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 60 years of age or older, or couples where either spouse is 60 years of age or older. This does not include a foster care home, home for the aged, or nursing home.

ERECTED

Built, constructed, altered, reconstructed or moved upon. 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

A public utility or municipal department utilizing underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, or collection, communication, supply or disposal systems, but not including buildings.

EXCAVATION

Any breaking of ground, except common household gardening and ground care.

FAMILY

A single individual doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking, and living together upon the premises, or a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bonds distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity or hotel.

FENCE

Any permanent partition, structure or gate erected upon or near, but not limited to, the dividing line between adjoining property owners, for the purpose of separating, screening, enclosing or protecting property. Hedges, ornamental shrubs, trees and bushes shall be considered fences when placed in a manner or position to serve as such.

FLOODPLAIN and FLOODPRONE AREA

Any land area susceptible to being inundated by water from any source.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall not include the basement floor area except when more than one-half of the basement height is above grade. Floor area shall include elevator shafts and stairwells at each floor, floorspace used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet 10 inches or more, interior balconies and mezzanines. Any space devoted to off-street parking or loading shall not be included in floor area.

FLOOR AREA, RESIDENTIAL

For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

FOSTER CARE

The provision of supervision, personal care and protection, in addition to room and board, for 24 hours per day, five or more days per week, and for two or more consecutive weeks, for compensation.

FRONTAGE

The minimum width required in a use district which abuts a public right-of-way or private road.

GARAGE, PRIVATE

An accessory building or 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 to which it is accessory.

GARAGE, SERVICE

Any premises used for the storage or maintenance of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

GASOLINE SERVICE STATION

A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

GOVERNMENTAL AGENCY

Any department, commission, independent agency or instrumentality of the United States, or of a state, county, incorporated or unincorporated municipality, authority, district or governmental unit.

GRADE

The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building, measured at a distance four feet out from the edge of the building.

GREENBELT

A strip of land of definite width and location reserved for the planting of shrubs or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.

HEALTH CARE FACILITY and HOSPITAL

A facility or institution, whether public or private, principally engaged in providing services for health maintenance and diagnosis and treatment of human disease, pain, injury, deformity or physical condition, allowing overnight stay, including but not limited to a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, tuberculosis hospital, chronic disease hospital or maternity hospital.

HISTORIC DISTRICT

An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance to warrant conservation and preservation.

HOME FOR THE AGED

A supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home or county medical care facility, that provides room, board and supervised personal care to 21 or more unrelated nontransient individuals 60 years of age or older. The term "home for the aged" includes a supervised personal care facility for 20 or fewer individuals 60 years of age or older when the facility is operated in conjunction with and as a distinct part of a licensed nursing home.

HOME OCCUPATION

An accessory use of a dwelling that constitutes, either entirely or partly, the livelihood of a person living in the dwelling, conducted entirely within the dwelling and carried on by the inhabitants therein, and having no external effects.

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 in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

JUNKYARD

An area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes automobile wrecking yards and includes any open area of more than 200 square feet for storage, keeping or abandonment of junk.

KENNEL

Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.

LOADING SPACE

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

LODGE

Any nonprofit facility established to provide recreational or social activities for the sole and exclusive use of its members, their families and guests.

LOT

A measured portion of a parcel or tract of land, which is legally described and fixed in a recorded plat.

LOT AREA

The total horizontal area within the lot lines of the lot.

LOT, CORNER

A lot abutting on and at the intersection of two or more streets.

LOT COVERAGE

The part or percent of the lot occupied by buildings, including accessory buildings.

LOT DEPTH

The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT, INTERIOR

Any lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined in this section.

(1) FRONT LOT LINE In the case of an interior lot, means that line separating the lot from the streets.

(2) REAR LOT LINĒ That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot.

(3) SIDE LOT LINĒ Any lot line other than the front or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.

LOT OF RECORD

A lot which actually exists in a subdivision 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 so recorded. Whenever an owner has combined two or more lots as contained on any recorded plat into a single building site, or combined two or more lots contained on any recorded plat in the records of the township assessor or treasurer, the combination of lots shall be deemed to be a single lot of record for the purposes of this chapter.

LOT, THROUGH

Any interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot.

LOT WIDTH

The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines, or, in the case of a corner lot, the side lot line and opposite lot line.

LOT, ZONING

A single tract of land, which may include one or more lots of record, which conforms with this chapter with respect to area, size, dimensions and frontage in the district.

MAIN BUILDING

A building in which is conducted the principal use of the lot upon which it is situated.

MAJOR THOROUGHFARE

An arterial street which is intended to serve as a large volume traffic way for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the Michigan Department of Transportation Act 51 Certification Maps.

MASTER PLAN

The comprehensive community plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

MEZZANINE

An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.

MINIWAREHOUSE and SELF-STORAGE FACILITY

A facility consisting of a building or a group of buildings in a controlled access compound, where individual stalls or lockers are rented out to different tenants for the dead storage of customers' goods and wares.

MOBILE HOME PARK

A parcel of land which has been planned and improved for the placement of mobile homes for residential use.

MOTEL

A series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space, which provide for overnight lodging and are offered to the public for compensation and cater primarily to the public traveling by motor vehicle.

MOTORIZED HOME

A self-propelled motor vehicle which provides the amenities of day-to-day living while used as a means of transportation for recreational or travel purposes.

MUNICIPALITY

The City of Corunna, Michigan.

NONCONFORMING BUILDING

A building or portion thereof lawfully existing on June 10, 1994, that does not conform to the provisions of this chapter in the district in which it is located.

NONCONFORMING LOT

Any lot, outlet or other parcel of land which does not meet the land area or dimension requirements of this chapter.

NONCONFORMING USE

A use which lawfully occupied a building or land on June 10, 1994, and that does not conform to the use regulations of the district in which it is located.

NON-SECURED JUVENILE FACILITY

A juvenile court-operated residential care facility that is licensed by the State of Michigan, which would be used to temporarily house youths who are placed in the facility upon a court order from the county in which they are residents as a short-term consequence for their delinquent behavior.

NORMAL GRADE LEVEL

Normal grade shall be construed to be the lower of:

(1) The existing grade prior to construction; or

(2) The newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating a fence.

In cases in which the normal grade cannot reasonably be determined, fence height shall be computed on the assumption that the elevation of the normal grade at the base of the fence is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower.

NUISANCE FACTOR

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:

(1) Sound.

(2) Dust.

(3) Smoke.

(4) Odor.

(5) Glare.

(6) Fumes.

(7) Light.

(8) Vibration.

(9) Shock waves.

(10) Heat.

(11) Electronic or atomic radiation.

(12) Effluent.

NURSERY, PLANT MATERIALS

A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.

NURSING HOME

A nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of Michigan of 1885 (MCL 36.1 et seq., MSA 4.871 et seq.), as amended, which provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury or infirmity.

OCCUPIED

Includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

OFF-STREET PARKING FACILITY

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.

OPEN AIR BUSINESS USE

Includes any business when the business is not conducted from a wholly enclosed building.

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 or gasoline service stations.

OVERNIGHT LODGING FACILITY (HOTEL, MOTEL OR MOTOR INN)

An establishment or building providing a number of bedrooms, baths, etc., and usually food, for the accommodation of travelers or other transient guests.

PARKING SPACE

An area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

PLANNED COMMERCIAL OR SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

PLANNED UNIT DEVELOPMENT

A land area which has both individual buildings sites and common property such as a park and which is designed and developed under one owner or organized group as a separate neighborhood or community unit.

[Amended 6-18-2018 by Ord. No. 18-01]

PORCH

A projection on a building or structure containing a floor, which may be either totally enclosed or open.

PRINCIPAL USE OR PRINCIPAL STRUCTURE IN THE R-A OR R-O ZONED DISTRICT

The main use or main structure to which the premises are devoted and the principal purpose for which the premises exist.

PUBLIC BUILDING

Buildings that are financed largely by public funding and are available for public use, as distinguished from buildings that are government financed but are intended for private use, e.g., public housing.

PUBLIC UTILITY

A person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations, to the public, gas, steam, electricity, sewage disposal, communication, transportation or water.

RECREATIONAL VEHICLE

A vehicle which moves one or more persons over the ground, air, water, ice or snow, and which is either self-propelled or connects to a vehicle which is self-propelled.

RELIGIOUS ASSEMBLY

Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques and churches.

RESTAURANT

(1) STANDARD 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 or principal method of operation includes the consumption of food on the premises.

(2) CARRYOUT 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 or method of operation encourages the consumption of food off-site, or it may permit incidental consumption on the premises.

(3) DRIVE-IN OR DRIVE-THROUGH 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 or method of operation 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, within the restaurant building or at other facilities on the premises outside the restaurant building is permitted.

RIGHT-OF-WAY

A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

ROOM

For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom equal to at least 80 square feet in area. A room shall not include the area in a kitchen, sanitary facilities, utility provisions, corridors, stairways, 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 density.

SETBACK

The distance required to obtain minimum front, side or rear yard open space provisions of this chapter.

SIGN

A name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot, and which directs attention to an object, product, place, activity, person, institution, organization or business. Signs include but are not limited to figures, devices, pennants, emblems and pictures. Any figure, device, pennant, emblem or picture which is not placed out of doors, when placed near or inside the surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists and pedestrians, shall also be considered as a sign. See Chapter 58.

SPECIAL CONDITION USE

Any use of land listed as a principal use permitted subject to special conditions, which, due to its potential effect on adjacent lands, in particular, and the overall City in general, requires approval by the Zoning Board of Appeals according to the standards as provided in this chapter.

STORY

That part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.

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. For the purposes of this chapter, the usable floor area is only that area having at least five feet clear height between floor and ceiling.

STREET

A public dedicated right-of-way, other than an alley, which affords the principal means of vehicular access to abutting property, including access for emergency response vehicles.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, such as a tent.

[Amended 7-20-2015 by Ord. No. 2015-04]

SWIMMING POOL

Any constructed or portable pool, used for swimming or bathing, over 24 inches in depth, or with a surface area exceeding 160 square feet.

TEMPORARY USE and TEMPORARY STRUCTURE

A use or structure permitted to exist during a specified period of time.

[Amended 7-20-2015 by Ord. No. 2015-04]

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.

VARIANCE

Permission to depart from the literal requirements of this chapter.

VARIANCE, NONUSE

A departure from the provisions of this chapter relating to setbacks, side yards, frontage requirements, lot size, parking, signage and other requirements of the applicable zoning district.

VARIANCE, USE

A variance granted for a use or structure that is not permitted in the applicable zoning district.

WALL, OBSCURING

A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

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 defined as follows:

(1) FRONT YARD An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. In the case of corner lots, a front yard shall be deemed to exist along each street frontage.

(2) REAR YARD An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

(3) SIDE YARD An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

ZONING DISTRICT

A portion of the City within which, on a uniform basis, certain uses of land and buildings are permitted, and within which yard, open space, lot area and other requirements are established by this chapter.

§ 86-3 Interpretation of chapter.

[Amended 6-6-1994 by Ord. No. 94-06]

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that, where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

§ 86-4 Vested rights.

[Amended 6-6-1994 by Ord. No. 94-06]

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

§ 86-5 Penalty for violation of chapter.

[Amended 6-6-1994 by Ord. No. 94-06]

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the cost of such prosecution.

§ 86-6 Liability of property owner for violations.

[Amended 6-6-1994 by Ord. No. 94-06]

The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof shall be subject to the penalty provided in § 86-5.

§ 86-7 Continuing violations.

[Amended 6-6-1994 by Ord. No. 94-06]

A separate offense shall be deemed committed upon each day during or when a violation of this chapter occurs or continues.

§ 86-8 Remedies cumulative.

[Amended 6-6-1994 by Ord. No. 94-06]

The rights and remedies provided in this chapter are cumulative and in addition to any other remedies provided by law.

§ 86-9 through § 86-30. (Reserved)