For the purpose of this chapter, certain rules of construction
apply to the text as follows:
A.Â
Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
B.Â
The word "person" shall also mean a corporation, association, partnership,
trust, firm, or similar activity as well as an individual.
C.Â
The word "building" shall also mean the word "structure" and either
includes any part thereof.
D.Â
The word "lot" shall also mean the word "plot," "tract," or "parcel."
E.Â
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
F.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words intended, arranged, maintained
for or designed to be used or occupied.
G.Â
The words "this chapter" means the text of this chapter as well as
all maps, tables, graphics, and schedules, as included or attached
as enacted or subsequently amended.
H.Â
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected
by the conjunction "and," "or," "either . . . or," the conjunction
shall be interpreted as follows:
(1)Â
"And" indicates that all the connected items, conditions, provisions,
or events shall apply.
(2)Â
"Or" indicates the connected items, conditions, provisions or
events may apply singly or in any combination.
(3)Â
"Either . . . or" indicates that the connected items, conditions,
provisions, or events shall apply singly, but not in combination.
I.Â
The "community" is the collective jurisdiction of the Village of
Bellevue and the Township of Bellevue in the County of Eaton, State
of Michigan.
J.Â
Any word or term not interpreted or defined by this chapter shall
be used with a meaning of common or standard utilization. A dictionary
may be consulted.
K.Â
"Days" means calendar days unless otherwise stated.
A.Â
ACCESSORY BUILDING
ACCESSORY RETAIL SALES
ACCESSORY USE
ADULT ENTERTAINMENT FACILITIES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
AGRICULTURAL BUSINESS
AGRICULTURE
AIRPORT
ALTERATION
AMBIENT
ANEMOMETER TOWER
ANSI
APARTMENT
ARCHERY AND GUN RANGE
BASEMENT
BED-AND-BREAKFAST
BERM
BILLBOARD
BUFFER AREA
BUILDING
BUILDING HEIGHT
BUILDING LINES
CHURCH AND PLACE OF WORSHIP
CLINIC
CLUB OR LODGE, PRIVATE
COMMUNICATION TOWER
COMMUNITY MASTER PLAN
CONDITIONAL USE
CONDOMINIUM PROJECT
CONDOMINIUM SUBDIVISION
CONDOMINIUM SUBDIVISION PLAN
CONDOMINIUM UNIT
DAY-CARE CENTER
(1)Â
(2)Â
(3)Â
DAY-CARE HOME, GROUP
DAY-CARE HOME, FAMILY
dB(A)
DECIBEL
DEED RESTRICTION
DENSITY
DISTRICT
DRIVE-IN
DRIVE-THROUGH
DWELLING UNIT
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
EFFICIENCY APARTMENT
EQUIPMENT SALES AND SERVICING
ERECTED
ESSENTIAL SERVICES
EXTRACTION OPERATIONS
Definitions of words and phrases beginning with the letters "A" through
"E":
A building or structure customarily incidental and subordinate
to the principal structure and located on the same lot as the principal
building.
An industrial operation that has a minor part of its operation
retailing products produced by said industry.
A use customarily incidental and subordinate to the principal
use of the land or building and located on the same lot as the principal
use.
ADULT BOOKSTOREAn establishment that has, as a substantial or significant portion of its stock-in-trade, sexual paraphernalia, books, periodicals, magazines, newspapers, pamphlets, pictures, photographs, motion picture films, and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity, sadomasochistic abuse or sexual conduct.
ADULT MOTION PICTURE THEATERAn establishment, whether in a completely enclosed building or not, that offers, for an admission fee, membership fee, or other valuable consideration, the viewing during more than 25% of its operating hours of motion picture films, pictures or photographs which are distinguished or characterized by their emphasis on nudity, sadomasochistic abuse, or sexual conduct.
ADULT THEATERAn enclosed building or any portion of a building which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual conduct, nudity, or sadomasochistic abuse by any means of display, including, without limitation, by motion picture, mechanical amusement devices, television, including videotape or closed circuit, or live performance for observation by patrons therein.
NUDITYUncovered or less than opaquely covered postpubertal human male or female genitals, pubic areas or buttocks.
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a human.
SEXUAL CONDUCTAny of the following actual or simulated acts of:
The sales, service, repair, storage, and processing activities
which are directly dependant upon the agricultural community and are
necessary to support agricultural enterprise.
Any land, buildings, and machinery used in the commercial
production of farm products as defined in the Michigan Right to Farm
Act, PA 93 of 1981, MCLA § 286.471 et seq.; including, but
not limited to, pasturage, floriculture, dairying, horticulture, forestry,
and livestock or poultry husbandry.
An airport licensed by the Michigan Department of Transportation,
Bureau of Aeronautics, under Section 86 of the Aeronautics Code of
the State of Michigan, 1945 PA 327, MCLA § 259.86.
Any change, addition or modification in construction or type
of occupancy; any change in the structural members of a building,
such as walls or partitions, columns, beams or girders; or any change
which may be referred to herein as altered or reconstructed.
The sound pressure level exceeded 90% of the time or L90.
[Added 10-27-2009 by Ord.
No. 2009-002]
A freestanding tower containing instrumentation such as anemometers
that is designed to provide present moment wind data for use by the
supervisory control and data acquisition (SCADA) system.
[Added 10-27-2009 by Ord.
No. 2009-002]
The American National Standards Institute.
[Added 10-27-2009 by Ord.
No. 2009-002]
A room or suite of rooms, including bath and kitchen facilities,
in a two-family or multiple-family dwelling intended and designed
for use as a residence by a single family.
An area designed and operated for the use of archery, rifles,
shotguns, pistols, silhouettes, skeet, trap, black powder, or any
other similar sport shooting for other than personal use.
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.
A single-family residential structure used for the purpose
of renting bedrooms on a nightly basis, including the provision of
bathing and lavatory facilities and a breakfast meal.
A mound of earth graded, shaped and improved with landscaping
in such a fashion as to be used for visual and/or audible screening
purposes which may be used to provide a transition between uses of
differing intensity.
A sign, other than off-premises directional signs and political
signs, which does not pertain to the principal use of the premises
upon which it is located.
A strip of land reserved for plant material, berms, walls,
or fencing to serve as a visual and/or sound barrier between properties,
often between abutting properties in different zoning districts.
Any structure, either temporary or permanent, having a roof
supported by columns, walls, or any other supports, which is used
for the purpose of housing, sheltering, storing, or enclosing persons,
animals, or personal property, or carrying on business activities.
This definition includes, but is not limited to: mobile homes, tents,
sheds, garages, greenhouses, and other principal or accessory structures.
In the case of a principal building, the vertical distance
measured from the finished grade at the center of the building where
the building abuts the front yard to the highest point of the roof
surface, except as follows: to the deckline of mansard roofs, and
the average height between eaves and the ridge of gable, hip, and
gambrel roofs The measurement of height of an accessory building or
structure shall be determined as the vertical distance from the average
finished grade to the highest point of the roof surface.
A line which defines the minimum distance (as determined
by the minimum front, side, or rear yard setback) which any building
shall be located from a property line, existing street right-of-way
line, or ordinary high-water mark.
A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purpose.
A building or group of buildings wherein more than one professional,
such as a physician, dentist, veterinarian or the like, examines and
treats patients, except that such patients are not lodged therein
overnight.
A nonprofit association of persons who are bona fide members
paying dues, which owns, hires or leases a building, or a portion
thereof, the use of such premises being restricted to members and
their guests.
Any structure or system of, including, but not limited to,
wires, poles, rods, reflecting discs, or similar devices attached
to the ground or any other structure or any other equipment used to
facilitate, improve, support, or constructed primarily for the purpose
of transmission, reception or transfer of radio, telephone, television,
microwave, other telecommunication signals and similar communication
purposes, including, but not limited to, self-supporting lattice towers,
guyed towers, or monopole towers. The term includes the structures
and supports thereto.
The Joint Master Plan of the Village of Bellevue and the
Township of Bellevue.
A use which is subject to conditional approval by the Planning
Commission or Village Council. A conditional use may be granted when
specified by this chapter and for those uses not specifically mentioned.
A plan or project consisting of two or more condominium units
established and approved in conformance with the Condominium Act,
Public Act 59 of 1978, MCLA § 559.101 et seq., as amended.
A division of land on the basis of condominium ownership,
which is not subject to the provisions of the Subdivision Control
Act of 1967, Public Act 288 of 1967, MCLA § 560.101 et seq.,
as amended.
The drawings attached to the master deed for a condominium
subdivision which describe the size, location, area, horizontal and
vertical boundaries and volume of each condominium unit contained
in the condominium subdivision, as well as the nature, location and
size of common elements.
That portion of a condominium project or condominium subdivision
which is 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, use as
a time-share unit, or any other type of use. A condominium unit may
consist of either vacant land or space which either encloses or is
enclosed by a building structure. Any "condominium unit," or portion
thereof, consisting of vacant land shall be equivalent to the term
"lot" for the purposes of determining compliance of the condominium
subdivision with the provisions of this chapter, including minimum
lot size, minimum lot width, maximum lot coverage and setbacks.
A facility, other than a private residence, receiving one
or more preschool- or school-age children for care for periods of
less than 24 hours a day, and where the parents or guardians are not
immediately available to the child. A day-care center includes a facility
which provides care for not less than two consecutive weeks, regardless
of the number of hours of care per day. The facility is generally
described as a child-care center, day-care center, day nursery, nursery
school, parent cooperative preschool, play group, or drop-in center.
A day-care center does not include any of the following:
A Sunday school, a vacation bible school, or a religious instructional
class that is conducted by a religious organization where children
are in attendance for not greater than three hours per day for an
indefinite period, or not greater than eight hours per day for a period
not to exceed four weeks during a twelve-month period.
A facility operated by a religious organization where children
are cared for not greater than three hours while persons responsible
for the children are attending religious services.
A private home (private residence) in which the licensee or
registrant permanently resides as a member of the household, which
residency shall not be contingent upon caring for children or employment
by a licensed or approved child placing agency, a full-time foster
family home, a full-time foster family group home, a group day-care
home, or a family day-care home.
A private home in which the operator permanently resides
as a member of the household in which more than six but not more than
12 minor children are given care and supervision for periods of less
than 24 hours a day unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage,
or adoption. A group day-care home includes a home that gives care
to more than six unrelated minor children for more than four weeks
during a calendar year.
A private home in which the operator permanently resides
as a member of the household in which one but less than seven minor
children are received for care and supervision for periods of less
than 24 hours a day, unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage,
or adoption. A family day-care home includes a home that gives care
to an unrelated minor child for more than four weeks during a calendar
year.
The sound pressure level in decibels. It refers to the "a"
weighted scale defined by ANSI. A method for weighting the frequency
spectrum to mimic the human ear.
[Added 10-27-2009 by Ord.
No. 2009-002]
The unit of measure used to express the magnitude of sound
pressure and sound intensity.
[Added 10-27-2009 by Ord.
No. 2009-002]
A restriction on the use of a lot or parcel of land that
is set forth in the deed and recorded with the County Register of
Deeds. It is binding on subsequent owners and is sometimes also known
as a restrictive covenant. Unless the Village has an ownership interest
in the property, a deed restriction is enforced by the parties to
the agreement, not by the Village.
The number of existing or proposed dwelling units per net
acre of land. Net acreage is the gross acreage of a lot, less the
public rights-of-way.
An area of land for which there are uniform regulations governing
the use of buildings and premises, density of development, yard requirements
and height regulations. A "district" is also known as a "zone" or
"zoning district."
A business developed so that its retail or service character
is dependent on providing a driveway approach or parking spaces for
motor vehicles so as to service patrons while in the motor vehicle
rather than within a building or structure or to permit patron self-service.
An establishment developed so that some portion of its retail
or service character is dependent upon providing a driveway approach
and a staging area specifically designed to serve patrons remaining
in their motor vehicles at the point of sale.
A building or portion thereof, designed for occupancy by
one family for residency purposes and having cooking facilities.
A building, or portion thereof, designed exclusively for
occupancy by three or more families living independently of each other.
A building designed exclusively for one dwelling unit.
A building designed exclusively for two dwelling units.
Is a dwelling unit containing a minimum of at least 150 square
feet of floor area consisting of not more than one room in addition
to kitchen and sanitary facilities.
A place of business where equipment such as farm machinery
and similar equipment is sold and serviced.
Built, constructed, reconstructed, moved upon, or any physical
activity upon a premises or lot required for the building. Excavation,
fill, drainage, and the like shall be considered a part of the erection
when done in conjunction with a structure.
The phrase "essential services" means the erection, construction,
alteration or maintenance of public utilities or municipal department
of commissions of underground or overhead gas, electrical, steam or
water transmission or distribution systems, collection, communication,
supply or disposal systems, including towers, poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants, and other similar equipment,
and accessories in connection therewith, but not including buildings,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal departments or commissions or for the
public health or safety or general welfare.
The removal, extraction or mining of sand, gravel, stone
or similar material for commercial gain.
B.Â
FAMILY
(1)Â
(2)Â
FARM
FENCE OR WALL, OBSCURING
FENCE OR WALL, ORNAMENTAL
FENCE/WALL
FLOOD HAZARD AREA
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODWAY
FLOOR AREA, GROSS
FLOOR AREA, MINIMUM (FOR A DWELLING UNIT)
FLOOR AREA, USABLE
FOSTER CARE FACILITY
(1)Â
(2)Â
FRONTAGE
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GASOLINE SERVICE STATION
GOVERNING BODY
GRADE
HOME BUSINESS
HOME OCCUPATION
HOSPITAL
HOUSEHOLD PET
IEC
ISO
JUNK
JUNKYARD
Definitions of words and phrases beginning with the letters "F" through
"J":
Domestic family. An individual or group of two or more persons
related by blood, marriage, or adoption, including foster children
and servants, together with not more than two additional persons not
related by blood, marriage, or adoption, living together as a single
housekeeping unit in a dwelling unit.
Functional equivalent family. A collective number of individuals
domiciled together in one dwelling unit whose relationship is of a
continuing nontransient domestic character and who are cooking and
living as a single nonprofit housekeeping unit. This definition shall
not include any society, club, fraternity, sorority, association,
lodge, coterie, organization, or group of students or other individuals
whose domestic relationship is of a transitory or seasonal nature
or for an anticipated limited duration of a school term or terms or
other similar determinable period. The Zoning Administrator shall
presume that a functional equivalent of a domestic family is limited
to six or fewer persons. A property owner may rebut this presumption
to allow more than six persons subject to the standards set forth
in this chapter. This definition shall not apply in instances of group
care centers or state-licensed residential facilities as established
under PA 110 of 2006, as amended, MCLA § 125.3101 et seq.
Land used for commercial agriculture comprising at least
20 contiguous acres, and which may contain other noncontiguous acreage,
all of which is operated by a sole proprietorship or corporation and
including all necessary farm buildings, structures, and machinery.
A fence or wall characterized by primarily closed construction
so as to permit no or only limited visibility from one side to another,
and which is typically intended to provide privacy or otherwise screen
from view the space contained behind or within. Examples of obscuring
fences and walls include, by example, solid wood fence, solid brick
wall, solid poured concrete wall, and other fences and walls of similar
character.
[Added 5-27-2014 by Ord.
No. 2014-005]
A fence of open construction that serves as a decorative
landscape element. A fence or wall that exhibits a decorative aspect
across the entire face of the fence or wall, through the use of multiple
materials or other features that place an emphasis on the decorative
character of the fence or wall rather than the functional aspect of
the fence or wall to enclose or otherwise identify a space. An ornamental
fence or wall may be of solid or open construction unless specified
otherwise by this chapter. Examples of decorative fences and walls
include, by example, picket fences, split rail fences, wrought iron
fences, brick and/or stone walls, and combinations thereof. Unless
expressly provided for elsewhere in this chapter, "ornamental fence"
shall not be construed to include wire-woven, mesh-like and other
similar appearing fences, including those commonly referred to as
cyclone and chain-link fences, and mesh-like fences commonly used
to contain farm animals irrespective of the dimensions of the mesh
comprising the fence.
[Amended 5-27-2014 by Ord. No. 2014-005]
An accessory structure of narrow depth intended to enclose
a space, to screen or block views to a space, to serve as a physical
barrier, and/or to serve as a decorative landscape element. A fence
is typically constructed of wood, materials made to look like wood,
plastics or wrought iron. A wall is typically constructed of brick,
stone, poured concrete, and/or other masonry materials.[1]
[Amended 5-27-2014 by Ord. No. 2014-005]
Land which, on the basis of available floodplain information,
is subject to a one-percent or greater chance of flooding.
An Official Map of a community, issued by the Federal Insurance
Administration, whereon the boundaries of the areas of special flood
hazards have been designated as Zone A.
An Official Map of a community, on which the Federal Insurance
Administration has delineated both the areas of special hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Insurance Administration,
containing flood profiles, the Flood Hazard Boundary Floodway Map
and the water surface elevation of the base flood.
A temporary partial or complete inundation of normally dry
land areas from:
The channel of a river or other watercourse and the adjacent
land areas designated in the Flood Insurance Study which must be reserved
in order to discharge the base flood.
The sum of all gross areas of all floors of a building or
buildings, measured from the outside dimensions of the outside face
of the outside wall. Unenclosed and uncovered porches, unenclosed
and covered porches, courtyards, or patios shall not be considered
as part of the gross area except where they are utilized for commercial
purposes such as the outdoor sale of merchandise.
The sum of all gross floor areas of all stories of a dwelling
unit, measured from the outside dimensions of the outside face of
the outside wall. Unenclosed and uncovered porches, courtyards, or
patios shall not be considered as part of the minimum floor area.
For the purposes of computing parking requirements, usable
floor area shall be considered as that area to be used for the sale
of merchandise or services, or for use to serve patrons, clients,
or customers. Such floor area which is used or intended to be used
principally for the storage or processing of merchandise, hallways,
stairways, and elevator shafts, or for restrooms and janitorial service
rooms shall be excluded from this computation of usable floor area.
Usable floor area shall be measured from the interior faces of the
exterior walls, and total usable floor area for a building shall include
the sum of the usable floor area for all floors.
An establishment which provides supervision, assistance,
protection, or personal care, in addition to room and board, to persons.
A foster care facility does not include a home for the aged or a nursing
home, licensed under PA 139 of 1956, as amended,[2] or a mental hospital for mental patients licensed under
PA 151 of 1923.[3]
FAMILY HOMEA facility which provides foster care to six or fewer persons.
GROUP HOMEA facility which provides foster care to seven or more persons.
The total continuous length of the front lot line. For the
purpose of determining the yard requirement on corner lots, all sides
of a lot adjacent to streets shall be considered frontage. On a circular
turnaround or cul-de-sac the minimum frontage requirement shall be
measured at the front setback line.
Any garage other than a private garage, available to the
public, operated for gain, and used for storage, repair, rental, greasing,
washing, sales, servicing, adjusting or equipping of automobiles or
other motor vehicles.
An accessory building not over one story or 15 feet in height
used for parking or storage of vehicles as may be required in connection
with the permitted use of the principal building.
A building or premises used for the retail sale of fuel,
lubricants, air, water, and other commodities designed for motor vehicles,
aircraft and boats. Such an operation may include space and facilities
for selling, installing, or adjusting tires, batteries, parts and
accessories within a completely enclosed building, and may include
accessory convenience store merchandise primarily sold to patrons
purchasing gasoline and/or services.
The Village Council of the Village of Bellevue.
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 level, the grade
shall be determined by averaging the elevation of the ground for each
face of the building.
An accessory use to a customary farming operation or non-farm
household located in a rural area involving the sale of goods and
services which are conducted either from within the dwelling and/or
from accessory buildings located within 500 linear feet of the dwelling
unit occupied by the family conducting the home business.
An accessory use of a dwelling unit for gainful employment
which is conducted entirely within a dwelling and which is clearly
incidental and secondary to the residential use of the lot, does not
change the character of the dwelling, and meets all applicable provisions
of this chapter.
An institution or place where sick or injured in-patients
are given medical or surgical care at either public or private expense,
and operating under license from the Michigan Department of Public
Health.
Animals that are customarily kept for personal use or enjoyment
within the home. Household pets shall include domestic dogs, domestic
cats, domestic tropical birds, domestic tropical fish, and domestic
rodents, but excluding animals which meet this chapter's definition
for "livestock" or "wild animal."
The International Electrotechnical Commission.
[Added 10-27-2009 by Ord.
No. 2009-002]
The International Organization for Standardization.
[Added 10-27-2009 by Ord.
No. 2009-002]
Miscellaneous solid waste, rubbish, scrap, debris, and reclaimable
material located outside of a completely enclosed building, including,
but not limited to, paper, rags, scrap metal and equipment, glass,
household appliances, garbage, tires, vehicle parts, or motor vehicles
which are inoperable, partially dismantled, wrecked, or abandoned,
excluding farm machinery.
Any land or building used for the abandonment, storage, keeping,
collecting, or baling of paper, rags, scrap metals, or other scrap
or discarded materials, or for the abandonment, demolition, dismantling,
storage or salvaging of machinery, automobiles or other vehicles not
in normal running conditions, or parts thereof.
[1]
Editor's Note: The former definition of "fence, privacy,"
which immediately followed this definition, was repealed 5-27-2014
by Ord. No. 2014-005.
[2]
Editor's Note: The Nursing Home and Home for the Aged Licensing
Act, PA 139 of 1956, was repealed by Act 368 of 1978.
[3]
Editor's Note: The Hospital Act for Mentally Diseased Persons,
PA 151 of 1923, was repealed by Act 175 of 1966.
C.Â
KENNEL
LEASE UNIT BOUNDARY
LIVESTOCK
LOADING SPACE
LOT
LOT AREA, NET
LOT COVERAGE
LOT LINES
(1)Â
(2)Â
(3)Â
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, DEPTH OF
LOT, FLAG
LOT, INTERIOR
LOT, THROUGH
MAJOR AUTOMOBILE SERVICE AND REPAIR STATION
MAJOR THOROUGHFARE
MANUFACTURED HOUSING
MASTER PLAN
MINI STORAGE (WAREHOUSE) FACILITIES
MINOR AUTOMOBILE SERVICE AND REPAIR STATION
MINOR THOROUGHFARE
MOBILE HOME
MOBILE HOME PARK
MODULAR (PREMANUFACTURED) HOUSING UNIT
MOTEL
MOTOR HOME
NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT)
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONCONFORMING USE OR STRUCTURE-CLASS A
NONCONFORMING USE OR STRUCTURE-CLASS B
NUISANCE
NURSING HOME
ON-SITE WIND ENERGY SYSTEM
OUTDOOR COMMERCIAL RECREATION USE
Definitions of words and phrases beginning with the letters "K" through
"O":
Any lot or premises on which four or more dogs, cats or other
household pets are either permanently or temporarily boarded for remuneration.
Boundary around property leased for the purposes of a wind
energy system, including adjacent parcels to the parcel on which the
wind energy system tower or equipment is located. For purposes of
setback, the lease unit boundary shall not cross road rights-of-way.
[Added 10-27-2009 by Ord.
No. 2009-002]
Cattle, horses, sheep, goats, llamas, swine, poultry, and
other animals or fowl which are being produced primarily for commercial
profit or slaughter, or home use, but excluding animals which meet
this chapter's definition for "wild animal."
An off-street space on the same lot with a building, or group
of buildings, for the temporary parking of a vehicle while loading
or unloading merchandise or materials.
Land described in a recorded plat or by metes and bounds
description, including a condominium unit in a condominium subdivision,
occupied or to be occupied by a building, structure, land use or group
of buildings, having sufficient size to comply with the frontage,
area, width-to-depth ratio, setbacks, yards, coverage and buildable
area requirements of this chapter, and having its principal frontage
upon a public street or on a private road.
The area within the lot lines of a lot, exclusive of any
public street right-of-way abutting any side of the lot.
The amount of a lot, stated in terms of percentage, that
is covered by all buildings, and/or structures located thereon. This
shall be deemed to include all buildings, roofed porches, arbors,
breezeways, patio roofs, whether open box types and/or lathe roofs,
or fully roofed, but shall not be deemed to include fences, walls,
or hedges used as fences, unroofed decks or patios or swimming pools.
Lot coverage shall be measured from the dripline of the roof or from
the wall or foundation if there is no projecting portion of the roof.
The lines bounding a lot or parcel.
FRONT LOT LINEThe line(s) separating the lot from any street right-of-way, private road or other access easement.
REAR LOT LINEThe lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary line at least 10 feet in length, entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot which is part of a subdivision, the map of which has
been recorded in the Office of the Eaton County Register of Deeds
prior to the adoption or amendment of this chapter, or a tract, parcel
or lot described by metes and bounds, the deed to which has been recorded
in the office of the Eaton County Register of Deeds prior to the adoption
or amendment of this chapter.
The straight line distance between the side lot lines, measured
at the two points where the minimum required front setback line intersects
the side lot lines.
Any lot having at least two contiguous sides abutting upon
one or more streets or approved private roads, provided that the interior
angle at the intersection of such two sides is less than 135°.
A lot abutting a curved street(s) shall be a corner lot if the arc
of the street has a radius less than 150 feet.
The distance between the front and rear lot lines, measured
along a line midway between the side lot lines.
A lot whose access to the public street is by a narrow, private
right-of-way that is either a part of the lot or an easement across
another property and does not meet the frontage requirements of the
district in which it is located.
A lot other than a corner lot which, with the exception of
a "through lot," has only one lot line fronting on a street.
An interior lot having frontage on two more or less parallel
streets.
Buildings and premises for the primary purpose of engine
rebuilding, rebuilding or reconditioning of motor vehicles, collision
service such as body, frame and fender repair, and painting.
A public street, the principal use or function of which is
to provide an arterial route for through traffic, with its secondary
function the provision of access to abutting property and which is
classified as a county primary road by Eaton County or as a principal
or minor arterial by the Michigan Department of Transportation or
as a major thoroughfare on the master plan.
A dwelling unit which is wholly or substantially constructed
at an off-site location. Manufactured housing includes mobile homes
and modular housing units.
The statement of policy by the Planning Commission relative
to the agreed upon desirable physical pattern of future community
development consisting of a series of maps, charts, and written material.
A building or group of buildings in a controlled access or
fenced area that contains individual compartmentalized and controlled
storage of customers' goods or wares which are generally not accessed
on a daily basis.
Buildings and premises for the primary purpose of the retail
sales of gasoline, oil, grease, batteries, tires and other operational
fluids and accessories for automobiles, and the installation of such
items, and for other minor automobile repair not to include auto refinishing,
body work or painting, dismantling of vehicles for the purpose of
reuse or resale of parts, or storage of automobiles other than those
in for immediate repair. Retail sales may include convenience store
merchandise sold primarily to patrons purchasing fuel or services.
A public street identified as a county local road by Eaton
County, except that no street in a platted subdivision, nor any private
road, shall be considered a minor thoroughfare under this chapter.
A structure, transportable in one or more sections, which
is built on a chassis and designed to be used as a dwelling with or
without permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained in the structure. The term mobile home shall not
include pickup campers, travel trailers, motor homes, modular homes,
recreational vehicles, converted buses, tent trailers, or other transportable
structures designed for temporary use.
A parcel or tract of land under the control of a person upon
which three or more mobile 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 therefore, together with any building,
structure, enclosure, street, equipment, or facility used or intended
for use incident to the occupancy of a mobile home.
A dwelling unit constructed solely within a factory, as a
single unit, or in various-sized modules or components, which are
then transported by truck or other means to a site where they are
assembled on a permanent foundation, meeting all construction codes
and regulations.
A building or group of buildings, whether detached or in
connecting units, used as individual sleeping or dwelling units designed
primarily for travelers and providing for accessory off-street parking
facilities. The term "motel" shall include buildings designated as
hotels, auto courts, tourist courts, motor courts, motor hotel, and
similar appellations which are designed as integrated units of individual
rooms under common ownership. A motel shall not be considered or construed
to be a multiple-family dwelling.
A self-propelled, licensed vehicle prefabricated on its own
chassis, intended for recreational activities and temporary occupancy.
A lot lawfully existing prior to the effective date of this
chapter, or a subsequent amendment thereto, and which fails to meet
the area and/or dimensional requirements of the zoning district in
which it is located. This definition includes and expands upon any
definition of a nonconforming lot or record, and/or substandard lot
as may be provided by relevant law.
A building or structure (or portion thereof) lawfully existing
at the time of adoption of this chapter or a subsequent amendment
thereto, that does not conform to the provisions of this chapter relative
to height, bulk, area, placement or yards for the zoning district
in which it is located.
A use of a building or structure or of a parcel or tract
of land, lawfully existing at the time of adoption of this chapter
or subsequent amendment thereto, that does not conform to the provisions
of the chapter. This definition includes and expands upon any definition
of a nonconforming use as may be provided by relevant law.
A nonconforming use or structure which has been designated
to be allowed to be perpetuated and improved under the provisions
of this chapter.
A nonconforming use or structure which has been designated
to be allowed to be perpetuated within the restricted provisions of
this chapter.
An offensive, annoying, unpleasant, or obnoxious thing or
practice or a cause or source of annoyance, especially a continuing
or repeated 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, including, but not limited to, noise, dust, smoke,
odor, glare, fumes, flashes, vibration, objectionable effluent, noise
of a congregation of people particularly at night, passing traffic,
or invasion of street frontage by traffic generated from an adjacent
land use which lacks sufficient parking and circulation facilities.
Farm operations, as defined by the Michigan Right to Farm Act, PA
93 of 1981, MCLA § 286.471 et seq., as amended, shall not
be considered nuisances where generally accepted agricultural and
management practices of the Michigan Commission of Agriculture are
adhered to.
An installation other than a hospital, having as its primary
function the rendering of nursing care for extended periods of time
to persons afflicted with illness, injury, or an infirmity.
A land use for generating electric power from wind that is
intended to primarily serve the needs of the consumer at that site.
[Added 10-27-2009 by Ord.
No. 2009-002]
An outdoor recreational facility operated as a business and
open to the public for a fee, including, but not limited to, campgrounds,
riding stables, rental cottages, swimming beaches, boat rentals, shooting
preserves, and athletic fields.
D.Â
PARCEL
PARK
PARKING AREA, OFF-STREET
PARKING SPACE
PAVEMENT
PERSONAL SERVICES
PLANNED COMMERCIAL CENTER
PLANNED UNIT DEVELOPMENT
PLANNING COMMISSION
PLAT
PLOT PLAN
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE ROAD
PRIVATE SANITARY SEWAGE DISPOSAL SYSTEM
PRIVATE WATER SUPPLY
PROHIBITED USE
PUBLIC SANITARY SEWER
PUBLIC USES
PUBLIC UTILITY
REASONABLE ACCOMMODATION USE
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
RESTAURANT, DRIVE-THROUGH
RESTAURANT, STANDARD
RIGHT-OF-WAY
ROADSIDE STAND
ROTOR
SANITARY LANDFILL
SATELLITE DISH ANTENNA
SCHOOL
SCREEN
SEASONAL MOBILE HOME PARK
SETBACK
SHADOW FLICKER
SIGN
SITE CONDOMINIUM (CONDOMINIUM SUBDIVISION)
SITE PLAN
SOLID WASTE
SOUND PRESSURE
SOUND PRESSURE LEVEL
SPECIAL LAND USES
STABLE, COMMERCIAL
STABLE, PRIVATE
STOP-WORK ORDER
STORY
STORY, HEIGHT OF
STREET
STREET LINE
STREET, MAJOR
STREET, MINOR
STRUCTURAL ALTERATION
STRUCTURE
TRAILER COACH
TRAILER COACH PARK
TREE CANOPY
Definitions of words and phrases beginning with the letters "P" through
"T":
A lot described by metes and bounds or described in a recorded
plat.
A parcel of land, building or structure open to the public
for recreational purposes, including, but not limited to, playgrounds,
sport fields, game courts, trails, picnicking areas, and leisure time
activities.
A land surface or facility providing off-street vehicular
parking spaces along with adequate drives and aisles for maneuvering
so as to provide vehicular access to the parking spaces.
An accessible area of land provided for vehicle parking,
exclusive of drives, aisles, or entrances giving access thereto.
Asphalt or portland cement concrete.
An establishment or place of business primarily engaged in
the provisions of frequent or recurrent needed services of a personal
nature. Typical uses include, but are not limited to, beauty and nail
salons, barbershops, shoe repair shops, tailor shops, laundromats
and dry cleaners.
A business development consisting of two or more retail outlets
characterized by a unified grouping of stores, under common architecture,
served by a common circulation and parking system.
A tract of land or lot, to be planned and developed as a
single entity containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public
uses and may include commercial or industrial areas in such range
or ratios of nonresidential to residential uses as shall be specified
and in accord with the goals and objectives of the master plan.
The Bellevue Joint Planning Commission established pursuant
to Public Act 226 of 2003, MCLA § 125.131 et seq., by the
Village of Bellevue Ord. No. 107 and the Township of Bellevue Ord.
No. 4.
A map of a subdivision of land recorded with the Register
of Deeds pursuant to the Subdivision Control Act of 1967, as amended,
MCLA § 560.101 et seq., or a prior statute.
Depicts all salient features of a proposed development. A
plot plan generally contains less comprehensive and detailed information
about improvements proposed on the site than does a site plan, and
is required for such uses as single- and two-family dwellings.
A building on a lot in which the principal use exists or
is served by such building.
The main use to which the premises are devoted and the main
purpose for which the premises exist.
A private way or means of approach which provides access
to two or more abutting lots, and which is constructed and maintained
by the owner or owners and is not dedicated for general public use.
An individual on-site sewage disposal system as defined in
the Barry–Eaton District Health Department Sanitary Code.
A well or other water supply system approved by the Barry–Eaton
District Health Department pursuant to Part 127 of Act 368 of the
Public Acts of 1978, as amended, MCLA § 333.12701 et seq.
A use of land which is not permitted within a particular
zoning district.
A system of pipe owned and maintained by a governmental unit
used to carry human, organic and industrial waste from the point of
origin to a point of discharge.
Public parks, schools and administrative, cultural and service
buildings, not including public land or buildings devoted solely to
the storage and maintenance of equipment and material.
Any 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, telephone, telegraph, transportation
or water.
Housing accommodations for handicapped persons in residential
districts.
A vehicle primarily designed and used as temporary living
quarters for recreational, camping, or travel purposes, including
a vehicle having its own motor power or a vehicle mounted on or drawn
by another vehicle (Act 96, Michigan Public Acts of 1987, MCLA § 125.2301
et seq., as amended).
All lands and structures which are owned and operated by
private individuals, or a business or corporation which is predominantly
intended to accommodate recreational vehicles and provide for outdoor
recreational activities.
A restaurant in which all or a substantial portion of the
business consists of serving foods and beverages in a ready-to-consume
state from a drive-through window to patrons in motor vehicles. A
drive-through restaurant may also have indoor seating.
An establishment whose principal business is the sale of
food and/or beverages to customers in a ready-to-consume state primarily
for on-premises consumption, and whose principal method of operation
includes one or both of the following characteristics:
A street, alley, or other thoroughfare or easement permanently
established for passage of persons, vehicles, or the location of utilities.
The right-of-way is delineated by legally established lines or boundaries.
A structure used seasonally for display and sale of agricultural
produce. The seasonal operation of a roadside stand shall not be considered
a commercial use.
An element of a wind energy system that acts as a multi-bladed
airfoil assembly, thereby extracting, through rotation, kinetic energy
directly from the wind.
[Added 10-27-2009 by Ord.
No. 2009-002]
A method of disposing of refuse on land without creating
nuisances or hazards to public health or safety by utilizing principles
of engineering to confine the refuse to the smallest practical area,
to reduce it to the smallest practical volume, and to cover it with
a layer of suitable cover at the conclusion of each day's operation
or at more frequent intervals as necessary; and maintained in accordance
with the provisions of Act 87 of Public Acts of 1965, as amended[4] and other Public Acts governing such operations.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in planetary orbit.
An educational institution under the sponsorship of a private
or public agency providing elementary or secondary curriculum, and
accredited or licensed by the State of Michigan; but excluding profit-making
private trade or commercial schools.
A structure providing enclosure, such as a fence, and a visual
barrier between the area enclosed and the adjacent property. A screen
may also be nonstructural, consisting of shrubs or other growing materials.
A parcel or tract of land under the control of a person upon
which three or more mobile homes are located on a continual or temporary
basis but occupied on a temporary basis only, 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 for use incident to the occupancy
of a mobile home. A seasonal mobile home park does not include a campground
licensed pursuant to PA 368 of 1978.[5]
The unoccupied distance between lot lines and principal and
accessory buildings or uses required to meet the front, side and rear
yard open space requirements of this chapter.
Alternating changes in light intensity caused by the moving
blade of a wind energy system casting shadows on the ground and stationary
objects, such as, but not limited to, a window at a dwelling.
[Added 10-27-2009 by Ord.
No. 2009-002]
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, structures, designs, trade names
or marks, or other representation, or combination thereof, by which
anything is made known, which is located upon any land or on or in
any building, in such manner as to attract attention from outside
the premises and intended to convey information to the public.
A method of subdivision where landownership of sites is regulated
by the Condominium Act (PA 59 of 1978, as amended, MCLA § 559.101)
as opposed to the Subdivision Control Act of 1967 (MCLA § 560.101).
"Condominium subdivision" shall be equivalent to the term "subdivision"
as used in this chapter.
A plan showing all salient features of a proposed development,
so that it may be evaluated in order to determine whether it meets
the provisions of this chapter. A site plan contains more comprehensive
and detailed information about improvements proposed on the site than
does a plot plan because of the more complex nature of land uses required
to receive site plan approval, such as business, industrial, and multiple-family
developments.
Garbage, rubbish, paper, cardboard, metal containers, yard
clippings, wood, glass, bedding, crockery, demolished building materials,
ashes, incinerator residue, street cleanings, municipal and industrial
sludges, and solid commercial and solid industrial waste, animal waste,
but does not include human body waste, liquid or other waste regulated
by statute, ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products, and slag
or slag products directed to a slag processor or to a reuser of slag
or slag products.
An average rate at which sound energy is transmitted through
a unit area in a specified direction. The pressure of the sound as
measured at a receiver.
[Added 10-27-2009 by Ord.
No. 2009-002]
The sound pressure mapped to a logarithmic scale and reported
in decibels (dB).
[Added 10-27-2009 by Ord.
No. 2009-002]
Uses which are reasonably compatible with the permitted primary
uses and structures within a zoning district, but which require special
consideration in relation to the health, safety, convenience and general
welfare of the Village's inhabitants.
A structure and/or land use where horses are bred, reared,
trained and/or boarded for remuneration.
An accessory structure and/or land use where horses are kept
solely for private use by the occupants of the parcel.
An administrative order served on the property owner which
directs a person not to continue, or not to allow the continuation
of, an activity which is in violation of this chapter.
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 space between the floor and the
ceiling or roof next above it.
The vertical distance from the top surface of one floor to
the top surface of the next above. The height of the top-most story
is the distance from the top surface of the floor to the top surface
of the ceiling joists.
A public thoroughfare or approved private road which affords
the principal means of access to abutting property.
The legal line of demarcation between a street right-of-way
and abutting land.
A public way, the principal use of which is to provide an
arterial route for through traffic and has as its secondary use the
provision of access to abutting properties.
A public way, the principal use of which is to give access
to abutting properties.
The erection, strengthening, removal, or other change of
the supporting elements of a building, such as footings, bearing walls,
beams, columns, and the like.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
See "mobile home."
See "mobile home park."
The total spread of limbs and branches of a tree.
E.Â
UNDEVELOPABLE LAND
USE
USABLE FLOOR AREA
UTILITY GRID WIND ENERGY SYSTEM
VARIANCE
WALL
WILD ANIMAL
WIND ENERGY SYSTEM
WIND SITE ASSESSMENT
WOODLAND
YARD
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
ZONING ADMINISTRATOR
ZONING BOARD AND BOARD OF APPEALS
ZONING LOT
Words and phrases beginning with the letters "U" through "Z":
Land which has soil types or a high-water table condition
which presents severe limitations upon the use or type or types of
construction which should be placed thereon.
The purpose for which land or building(s) thereon are arranged,
occupied, maintained, let or leased.
The area used for or intended to be used for the sale of
merchandise or services or to serve patrons, clients, or customers.
Usable floor area shall be the sum of the gross floor areas of the
several floors of the building measured from the interior faces of
the exterior walls, less floor area used or intended to be used principally
for the storage or processing of merchandise or utilities.
A land use for generating power by use of wind at multiple
tower locations in a community and includes accessory uses such as,
but not limited to, a SCADA tower, electric substation. A utility
grid wind energy system is designed and built to provide electricity
to the electric utility grid.
[Added 10-27-2009 by Ord.
No. 2009-002]
A modification of the literal provisions of this chapter
which the Zoning Board of Appeals is permitted to grant when strict
enforcement of said provisions would cause undue hardship owing to
circumstances unique to the individual property on which the variance
is sought and not the result of action of the applicant.
See definition for "fence or wall."
[Added 5-27-2014 by Ord.
No. 2014-005]
Any animal not domesticated by humans; or which attacks,
bites, or injures human beings or domesticated animals without adequate
provocation, or which, because of temperament, conditioning, or training,
has a known propensity to attack, bite, or injure human beings or
domesticated animals; or which a person is prohibited from possessing
by law.
A land use for generating power by use of wind; utilizing
use of a wind turbine generator and may include the turbine, blades,
and tower as well as related electrical equipment. This does not include
wiring to connect the wind energy system to the grid. See also "on-site
wind energy system" and "utility grid wind energy system."
[Added 10-27-2009 by Ord.
No. 2009-002]
An assessment to determine the wind speeds at a specific
site and the feasibility of using that site for construction of a
wind energy system.
[Added 10-27-2009 by Ord.
No. 2009-002]
A lot, parcel or tract of land containing 50% or more of
its area covered by a canopy of trees.
An open space, on the same lot with a principal building,
unoccupied and unobstructed from the ground upward by a building or
structure, except as otherwise permitted in this chapter and as defined
herein (see figure at end of this section):
FRONT YARDAn open space extending the full width of the lot, the depth of which is the minimum distance between the front lot line and the nearest point of the principal building foundation. There is a front yard on each street side of a corner lot.
REAR YARDAn open space extending the full width of the lot, the depth of which is the minimum distance between the rear lot line and the nearest point of the foundation of the principal building. In the case of corner lots, the rear yard designated by the owner.
SIDE YARDAn open space between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the distance from the nearest point of the side lot line to the nearest point of the foundation of the principal building.
INTERIOR SIDE YARDA side yard abutting a side yard of an adjacent lot.
EXTERIOR SIDE YARDA side yard abutting a street.
The person or persons designated to administer and enforce
the Zoning Ordinance.
The Zoning Board of Appeals.
A lot or combination of lots utilized by a single use which
for the purpose of determining setback requirements shall be considered
as a single lot or parcel.