[Comp. Ords. 1995, §§ 15.441 — 15.467; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 166, § 1, 7-6-2009; Ord. No. 179, § 1, 7-2-2012]
(a)
Construction of language. For the purpose of this chapter, certain
terms or words used herein shall be interpreted as follows:
(1)
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
(2)
The present tense includes the future tense, the singular number
includes the plural, and the plural includes the singular.
(3)
The word "shall" is mandatory, and the word may is permissive.
(4)
The words "used" or "occupied" include the words "intended," "designed,"
or "arranged to be used or to be occupied."
(5)
The word "his" includes the word "her."
(b)
ACCESSORY USE
AUTOMATED CHANGEABLE COPY SIGN
BASEMENT
BILLBOARD
BUILDING HEIGHT
CAR CANOPIES, TEMPORARY/PORTABLE
CONSTRUCTION SIGN
DECORATIVE DISPLAY
DISPLAY SIGN
DRIVE-IN RESTAURANT OR REFRESHMENT STAND
DWELLING UNIT
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
DWELLING, TWO-FAMILY
ELECTRONIC MESSAGE BOARD/MESSAGE CENTER
ERECT
ESSENTIAL SERVICES
FAMILY
(1)
(2)
FILLING STATION
FLOOR AREA
FLOOR AREA, USABLE
GRADE (ADJACENT GROUND LEVEL)
GROUND SIGN
HOME OCCUPATION
INCOMBUSTIBLE MATERIAL
LOADING SPACE, OFF-STREET
LOT
LOT FRONTAGE
LOT MEASUREMENTS
(1)
(2)
LOT OF RECORD
(1)
(2)
(3)
LOT TYPES
MARQUEE SIGN
MEZZANINE
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SUBDIVISION
PARKING SPACE, OFF-STREET
(1)
(2)
(3)
POLITICAL SIGN
PROJECTING SIGN
PUBLIC SERVICE INFORMATION SIGN
PUBLIC UTILITY
RECREATIONAL VEHICLE
RESTAURANT
ROOF SIGN
SHOPPING CENTER
SIGN
SIGN, ANIMATED
SPECIAL LAND USE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL TRIM
STRUCTURE
SURFACE
TEMPORARY SIGN
TRAVEL TRAILER
VARIANCE
WALL SIGN
YARD
YARD, FRONT
(1)
(2)
(3)
(4)
(5)
YARD, REAR
(1)
(2)
YARD, SIDE
(1)
(2)
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to the principal use or structure.
A sign usually freestanding, containing copy that changes
infrequently and at non-reoccurring intervals, such as a gas station
price announcement sign.
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.
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Any display sign which contains a message unrelated to or
not advertising a business transacted or goods sold or produced on
the premises on which the sign is located.
The vertical distance measured from the established grade
to the highest point of the roof's surface for flat roofs; to the
deck line of mansard roofs; and to the average height between eaves
and ridge for gable, hip, and gambrel roofs. Where a building is located
on sloping terrain, height may be measured from the average ground
level of the grade at the building wall.
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Temporary/portable car canopies within the Village are strictly
prohibited, regardless of what they are storing and regardless of
the construction materials and means of construction and connection
with the ground. They are defined as a prefabricated structure to
typically shelter a motor vehicle which may, or may not, have walls,
and is usually constructed of plastic, fabric, or lightweight aluminum
and are usually constructed without the use of a state construction
code approved footer and foundation. Because these structures are
not building on a state construction code approved foundation, for
the terms of this [chapter] they are considered temporary structures.
A ground or wall sign erected on a site designated on a building
permit issued by the building inspector as the site for construction
of a new building which advises the public of pertinent facts regarding
the construction, management and leasing of the new building.
A temporary display designated for the entertainment or cultural
enrichment of the public and having no direct or indirect sales or
advertising content.
A structure or device that is arranged, intended, designed
or used as an advertisement, announcement or direction.
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments or beverages on the premises.
A room or rooms connected together constituting a separate,
independent housekeeping establishment for one family occupancy, and
physically separated from any other rooms or dwelling units which
may be in the same structure, and containing independent cooking,
bathroom and sleeping facilities.
A residential building, other than a mobile home, designed
for or occupied by three or more families, with the number of families
in residence not exceeding the number of dwelling units provided.
A building containing not more than one dwelling unit designed
for residential use and complying with the following standards:
The dwelling complies with the minimum square footage requirements
of this chapter for the zone in which it is located.
The dwelling has a minimum width across any front, side or rear
elevation of 20 feet and complies in all respects with this Code,
including minimum heights for habitable rooms. Where a dwelling is
required to comply with any federal or state standards or regulations
for construction and where such standards or regulations for construction
are different than those imposed by this Code, then, and in such event,
such federal or state standard or regulation shall apply.
The dwelling is firmly attached to a permanent foundation constructed
on the site in accordance with the state construction code and shall
have a wall of the same perimeter dimensions as the dwelling and constructed
of such materials and type as required in the applicable construction
code for single-family dwellings. If the dwelling is a mobile home,
such dwelling shall be installed pursuant to the manufacturer's setup
instructions and shall be secured to the premises by an anchoring
system or device complying with the rules and regulations of the state
mobile home commission or shall have a perimeter wall as required
in this subsection.
The dwelling, if a mobile home as defined in this section, is
installed with the wheels removed and, additionally, no dwelling shall
have any exposed towing mechanism, undercarriage or chassis.
The dwelling is connected to a public sewer and water supply
or to such approved private facilities, if permissible under the provisions
of this Code.
The dwelling contains a storage capability area in a basement
located under the dwelling, in an attic area, in closet areas or in
a separate structure of standard construction, which storage area
shall be equal to 10% of the square footage of the dwelling or 100
square feet, whichever shall be less.
The dwelling is aesthetically compatible in design and appearance
with other residences in the vicinity, with either a roof overhang
of not less than 12 inches on all sides or alternatively with window
sills or roof drainage systems concentrating roof drainage at collection
points along the sides of the dwelling; has not less than two exterior
doors, with the second one being in either the rear or side of the
dwelling; and contains steps connected to such exterior door areas
or to porches connected to such door areas where a difference in elevation
requires such steps.
The compatibility of design and appearance shall be determined
in the first instance by the city building inspector upon review of
the plans submitted for a particular dwelling, subject to appeal by
an aggrieved party to the Zoning Board of Appeals within a period
of 15 days from the receipt of notice of such building inspector's
decision. Any determination of compatibility shall be based upon the
standards set forth in this definition, as well as the character,
design and appearance of one or more residential dwellings, located
outside of mobile home parks, within 2,000 feet of the subject dwelling
where such area is developed with dwellings to the extent of not less
than 20% of the lots situated within such area or, where such area
is not so developed, by the character, design and appearance of one
or more residential dwellings, located outside of mobile home parks,
throughout the city. This subsection shall not be construed to prohibit
innovative design concepts involving such matters as solar energy,
view, unique land contour or relief from the common or standard site-built
home.
The dwelling contains no additions, rooms or other areas which
are not constructed with similar quality workmanship as the original
structure, including permanent attachment to the principal structure
and construction of a foundation as required in this definition.
The dwelling complies with all pertinent building and fire codes.
In the case of a mobile home, all construction and plumbing, electrical
apparatuses and insulation within and connected to the mobile home
shall be of a type and quality conforming to the Mobile Home Construction
and Safety Standards as promulgated by the United States Department
of Housing and Urban Development, 24 CFR 3280, and as such standards
may be amended from time to time. Additionally, all dwellings shall
meet or exceed all applicable roof snow load and strength requirements.
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The standards set forth in this definition shall not apply to
a mobile home located in a licensed mobile home park, except to the
extent required by state or federal law, or otherwise specifically
required in provisions of this Code pertaining to such parks. All
construction required in this definition shall be commenced only after
a building permit has been obtained in accordance with the applicable
state construction code provisions and requirements.
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A detached residential building, other than a mobile home,
containing two dwelling units designed for occupancy by not more than
two families.
A sign with a fixed or changing message composed of a series
of lights that may be changed through electronic means. Electronic
message boards may not contain animation or any type of video. Presentation
and transition of LED messages are limited to those defined by this
section.
To build, construct, attach, hang, place, suspend or affix.
The erection, construction, alteration, or maintenance by
public utilities or municipal departments or commissions of underground,
surface, or overhead gas, electrical, steam, or water transmission
or distribution systems, collection, communication, supply or disposal
systems, including mains, drains, sewers, pipes, conduits, wires,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
towers, poles 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.
An individual or group of two or more persons related by blood,
marriage or adoption, together with foster and step children and servants
or the principal occupants, with not more than one additional unrelated
person, who are domiciled together as a single, domestic, housekeeping
unit in a dwelling unit; or
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 other similar determinable period.
Buildings and premises where gasoline, oil, grease, batteries,
tires and automobile accessories may be supplied and dispensed at
retail, and where other incidental services may be rendered and sales
made.
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 a building shall be measured from the exterior faces
of the exterior walls. The floor area measurement is exclusive of
areas of basements, unfinished attics, attached garages, or space
used for off-street parking, breezeways, and enclosed and unenclosed
porches, elevators, or stair bulkheads, common hall areas, and accessory
structures.
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For the purpose of computing parking space, means that area
used for, or intended to be used for, the sale of merchandise or services,
or for use to serve patrons, clients, or customers and all that area
devoted to employee work space. Such floor area which is used or intended
to be used principally for the storage or processing of merchandise,
hallways, elevators or stair bulkheads or for utilities or sanitary
facilities, shall be excluded from this computation of usable floor
area. Measurement of usable floor area shall be the sum of horizontal
areas of the several floors of the building, measured from the exterior
faces of the exterior walls.
The lowest point of elevation of the finished surface of
the ground, paving, or sidewalk within the area between the building
and the property line, or when the property line is more than five
feet from the building between the building and a line five feet from
the building.
A sign erected on a freestanding frame, mast or pole and
not attached to any building.
An occupation or profession carried on by an occupant of
a dwelling unit as a secondary use which is incidental to the use
of the dwelling unit for residential purpose.
Any material which will not ignite at or below a temperature
of 1,200° F. and will not continue to burn or glow at that temperature.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space.
A parcel of land of at least sufficient size, exclusive of
areas under water, to meet minimum zoning requirements for use, coverage,
and area and to provide such yards and other open spaces as are herein
required. The term "lot" includes the words plot and parcel. Such
lot shall have frontage on a recorded public or private street. In
no case of division or combination shall any new or residual lot or
parcel be created which does not meet the requirements of this chapter.
The portion nearest the street. For the purpose of determining
yard requirements on corner lots and through lots, all sides of a
lot adjacent to streets shall be considered frontage, and yards shall
be provided as indicated under the definition of "yards" in this section.
Depth of a lot shall be considered to be the distance between
the midpoints of straight lines connecting the foremost points of
the side lot lines in front and the rearmost points of the side lot
lines in the rear.
Width of a lot shall be considered to be the distance between
straight lines connecting front and rear lot lines at each side of
the lot; provided, however, that in determining lot frontage on odd-shaped
lots if the lot abuts on the outside curve boundary of a curving street
and as a result the side lot lines diverge toward the rear, the measurement
of width may be taken at the front building line of the principal
building; and provided further that if the lot abuts on an inside
curve boundary of a curved street wherein the lot lines converge toward
the rear, the measured width shall be taken at the rear line of the
principal building or 30 feet behind the front setback line, parallel
to the street or street chord.
The term "lot of record" means a lot which is part of a subdivision
recorded in the office of the county register of deeds, or a lot or
parcel described by metes and bounds, the description of which has
been so recorded.
Every single-family, two-family and multiple dwelling structure
or unit shall be located upon a lot of record, and no more than one
such structure or unit shall be erected upon such lot of record. Tenant
houses located upon premises which are being actively farmed, which
are designated for and occupied by farm labor personnel and their
families may be located upon the same lot of record as the main dwelling
house on said farm premises.
The creation of a lot of record as defined in this chapter on
a premises or parcel of land by the proprietor thereof, or by his
heirs, executors, Administrators, legal representatives, successors
or assigns, where the act of creating a lot of record creates five
or more lots of record each of which is 10 acres or less in area are
created by successive acts within a period of 10 years, shall be deemed
subdividing as defined in Act 288 of 1967, being the land division
act for the state, even in the event said lots of record shall be
surveyed and a plat thereof submitted, approved and recorded as required
by said Act 288 of 1967 and the ordinances of the Village.
The diagram below illustrates terminology used in this chapter
with reference to corner lots, interior lots, and through lots:
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In the diagram:
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A
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=
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corner lot, defined as a lot located at the intersection of
two or more streets. A lot abutting on a curved street shall be considered
a corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet on an interior
angle of less than 135°. See lots marked A(1) in the diagram.
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B
|
=
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interior lots, defined as a lot other than a corner lot with
only one frontage on a street.
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C
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=
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through lot, defined as a lot other than a corner lot with frontage
on more than one street. Through lots abutting two streets may be
referred to as double frontage lots.
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A display sign attached to or hung from a marquee, canopy
or other structure projecting from and supported by the building and
extending beyond the building wall, building line or street lot line.
An intermediate floor in any story occupying space not to
exceed 1/3 of the floor area of such story.
A structure, transportable in one or more sections, which
is 10 body feet or more in width and is 50 body feet or more in length,
and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems contained therein built pursuant
to the Federal National Mobile Home Construction and Safety Standards
Act of 1974 rules and regulations and containing the required data
plate showing the manufacturer's certification of compliance.
Any parcel or tract of land licensed and regulated under
provisions of the mobile home commission act, Public Act No. 96 of
1987 (MCL 125.2301 et seq.), under the control of any person, upon
which three or more occupied mobile homes are harbored on a continual
nonrecreational basis, or which is offered to the public for that
purpose, regardless of whether a charge is made therefor, together
with any building, structure, enclosure, to the harboring or occupancy
of mobile homes.
A subdivision as defined by the land division act, being
Public Act No. 288 of 1967 (MCL 560.101 et seq.), which has been expressly
established for the sole purpose of selling lots on which mobile homes
may be used and occupied for residential purposes, and which has been
established in full compliance with all applicable provisions of the
aforementioned Act and of all other applicable state, county, and
Village regulations.
For the purposes of this chapter, an off-street parking space
shall consist of a space adequate for parking an automobile with room
for opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room.
Required off-street parking areas for three or more automobiles
shall have individual spaces marked, and shall be so designed, maintained,
and regulated that no parking or maneuvering incidental to parking
shall be on any street, walk, or alley and so that any automobile
may be parked and unparked without moving another. Each parking space
shall comprise a net area of at least 10 feet by 20 feet.
For purposes of rough computation, an off-street parking space
and necessary access and maneuvering room may be estimated at 300
square feet, but off-street parking requirements will be considered
to be met only when actual spaces meeting the requirements of this
definition are provided and maintained, improved in a manner appropriate
to the circumstances of the case, and in accordance with all ordinances
and regulations of the Village.
A sign announcing the candidacy of a person running for public
office or issues to be voted upon at an election.
A display sign which is affixed to any building or structure
other than a marquee and any part of which extends beyond the building
wall and the horizontal sign surface is not parallel to the building
wall.
Any sign intended primarily to promote items of general interest
to the community, such as time, temperature and date, atmospheric
conditions, traffic control, etc.
Any person, firm, corporation, municipal department or board,
duly authorized to furnish and furnishing, under state or municipal
regulations, electricity, gas, steam, communications, telegraph, transportation
or water to the public.
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.
A building in which food is prepared and sold for consumption
within the building, as opposed to a drive-in restaurant establishment
where food may be taken outside of the building for consumption either
on or off the premises.
A display sign which is erected, constructed and maintained
above any portion of the roof or exterior wall of a building or structure
or which is attached to any exterior wall at a height in excess of
three feet above the horizontal plane of the roof abutting such wall.
A group of three or more stores, offices or shops selling
merchandise or services and served by a common off-street automobile
parking area which is located on private property. All stores, offices
of shops served by one parking area shall be considered one shopping
center.
Any announcement, declaration, display, illustration and
insignia when designed and placed so as to attract general public
attention. Such shall be deemed to be a single sign whenever the proximity,
design, content or continuity reasonably suggests a single unit, notwithstanding
any physical separation between parts. "Sign" shall include any banner,
bulbs or other lighting devices, streamer, pennant, balloon, propeller,
flag (other than the official flag of any nation or state) and any
similar device of any type or kind whether bearing lettering or not.
A sign with action, motion, sound, or changing colors. This
includes signs that blink, flash, scroll or have fluctuating lights
or other illuminating devices which have a changing light intensity,
brightness or color; provided however, that this definition does not
include automated changeable copy signs as defined herein.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location, or relation to the neighborhood, would
promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare. Such uses
may be permitted upon the issuance of a special land use permit by
the Village Council in such zoning district as a special land use,
if specific provision for such special land use is made in this chapter.
That part of a building, except a mezzanine, as defined herein,
included between the surface of one floor and the surface of the next
floor, or if no floor above, then the ceiling next above. A story,
thus defined, shall not be counted as a story when more than 50% by
cubic content is below the height level of the adjoining ground.
An uppermost story lying under a sloping roof, the usable
floor area of which does not exceed 75% of the floor area of the story
immediately below it and is not used or designed or arranged or intended
to be used in whole or in part as an independent housekeeping unit
or dwelling.
A thoroughfare for vehicular traffic, including all area
within the right-of-way.
The right-of-way line of a street or easement for ingress
and egress.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences, billboards, poster panels and swimming pools.
That part of the sign upon, against or through which the
message is displayed or illustrated. The "total surface area of a
sign" is the same total of all exterior surfaces of the sign computed
in square feet. In the case of a broken sign (a sign with open spaces
between the letters) the total surface area shall be measured by multiplying
the height of the individual letters or combination of letters by
the distance between the outer edges of the two furthermost letters.
A display sign, banner or other advertising device constructed
of cloth, canvas, fabric, plastic or other light temporary material,
with or without a structural frame, or any other sign, intended for
a limited period of display, but not including decorative displays
for holidays or public demonstrations.
A vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes,
having a body width not exceeding eight feet and body length not exceeding
40 feet.
A relaxation of the terms of this chapter where, in the judgement
of the Board of Appeals, such variance will not be contrary to the
public interest and where, owing to conditions peculiar to the property
and not the result of the actions of the applicant, a literal enforcement
of this chapter would result in undue hardship and practical difficulty.
As used in this chapter, a variance is authorized only for height,
area, and size of structure or size of yards and open spaces; establishment
or expansion of a use otherwise prohibited shall not be allowed by
variance, nor shall a variance be granted because of the presence
of nonconformities in the zoning district or uses in an adjoining
zoning district.
A display sign which is attached directly to a building wall
or structure and the horizontal sign surface is parallel to the building
wall or structure.
A required open space, between a lot line and a structure
or group of structures, other than a court, unoccupied and unobstructed
by any structure or portion of a structure, except as provided within
this chapter; provided, however, that fences, walls, poles, and other
customary yard accessories, ornaments, and furniture may be permitted
in any yard subject to height limitations and requirements limiting
obstruction of visibility.
The term "front yard" means a yard extending between side lot
lines across the front of a lot adjoining a public street; or, in
the case of lake front lots, which shall be considered as through
lots, a public street on one frontage and the lake front on the other
frontage.
In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, a front yard shall
be provided on all frontages. Where one of the front yards that would
normally be required on a through lot is not in keeping with the prevailing
yard pattern, the Zoning Administrator may waive the requirement for
the normal front yard and substitute therefor a special yard requirement
which shall not exceed the average of the yards provided on adjacent
lots.
Every corner lot in a residential district having on its side
street an abutting interior lot shall have minimum setback of the
district in which it is located; provided, however, that this does
not reduce the buildable width of any lot of record to less than 25
feet. On corner lots where a rear lot line abuts a side lot line on
the adjoining lot, accessory buildings on the corner lot shall have
a rear yard setback from the rear lot line a distance equal to the
side yard setback required for the district.
Depth of required front yards shall generally be measured from the innermost point of the street line (right-of-way line) inward for a distance of the required front yard depth, as in diagrams A, B, C, and D following Subsection (5) of this definition.
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In the case of rounded property corners at street intersections,
reference points for measurements shall be placed as though the side
lot lines would have met the street line if the corner were not rounded,
as in diagram E above. The front and rear lines of the front yard
shall be parallel.
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The term "rear yard" means the yard extending across the rear
of a lot between side lot line.
Depth of a required rear yard shall be measured in such a manner
that the yard established is a strip of the minimum width required
by the district regulations with the inner edge parallel with the
rear lot line.
The term "side yard" means a yard extending from the rear line
of the required front yard to the front line of the required rear
yard. In the case of through lots, side yards shall extend between
the rear lines of the required front yards.
Width of a required side yard shall be measured in such a manner
that the yard established is a strip of the minimum width required
by the district regulations with the inner edge parallel with the
side lot line.
