[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) 
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:
ACCESSORY USE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure.
AUTOMATED CHANGEABLE COPY SIGN
A sign usually freestanding, containing copy that changes infrequently and at non-reoccurring intervals, such as a gas station price announcement sign.
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.
034 Basement.tiff
BILLBOARD
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.
BUILDING HEIGHT
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.
034 Building Height.tiff
CAR CANOPIES, TEMPORARY/PORTABLE
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.
CONSTRUCTION SIGN
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.
DECORATIVE DISPLAY
A temporary display designated for the entertainment or cultural enrichment of the public and having no direct or indirect sales or advertising content.
DISPLAY SIGN
A structure or device that is arranged, intended, designed or used as an advertisement, announcement or direction.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND
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.
DWELLING UNIT
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.
DWELLING, MULTIPLE-FAMILY
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.
DWELLING, SINGLE-FAMILY
A building containing not more than one dwelling unit designed for residential use and complying with the following standards:
(1) 
The dwelling complies with the minimum square footage requirements of this chapter for the zone in which it is located.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
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.
DWELLING, TWO-FAMILY
A detached residential building, other than a mobile home, containing two dwelling units designed for occupancy by not more than two families.
ELECTRONIC MESSAGE BOARD/MESSAGE CENTER
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.
ERECT
To build, construct, attach, hang, place, suspend or affix.
ESSENTIAL SERVICES
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.
FAMILY
(1) 
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
(2) 
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.
FILLING STATION
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.
FLOOR AREA
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.
034 Floor Area.tiff
FLOOR AREA, USABLE
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.
GRADE (ADJACENT GROUND LEVEL)
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.
GROUND SIGN
A sign erected on a freestanding frame, mast or pole and not attached to any building.
HOME OCCUPATION
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.
INCOMBUSTIBLE MATERIAL
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.
LOADING SPACE, OFF-STREET
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.
LOT
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.
LOT FRONTAGE
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.
LOT MEASUREMENTS
(1) 
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.
(2) 
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.
LOT OF RECORD
(1) 
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.
(2) 
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.
(3) 
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.
LOT TYPES
The diagram below illustrates terminology used in this chapter with reference to corner lots, interior lots, and through lots:
034 Lot Types.tiff
In the diagram:
A
=
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.
B
=
interior lots, defined as a lot other than a corner lot with only one frontage on a street.
C
=
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.
MARQUEE SIGN
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.
MEZZANINE
An intermediate floor in any story occupying space not to exceed 1/3 of the floor area of such story.
MOBILE HOME
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.
MOBILE HOME PARK
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.
MOBILE HOME SUBDIVISION
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.
PARKING SPACE, OFF-STREET
(1) 
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.
(2) 
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.
(3) 
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.
POLITICAL SIGN
A sign announcing the candidacy of a person running for public office or issues to be voted upon at an election.
PROJECTING SIGN
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.
PUBLIC SERVICE INFORMATION SIGN
Any sign intended primarily to promote items of general interest to the community, such as time, temperature and date, atmospheric conditions, traffic control, etc.
PUBLIC UTILITY
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.
RECREATIONAL VEHICLE
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.
RESTAURANT
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.
ROOF SIGN
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.
SHOPPING CENTER
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.
SIGN
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.
SIGN, ANIMATED
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.
SPECIAL LAND USE
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.
STORY
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.
STORY, HALF
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.
STREET
A thoroughfare for vehicular traffic, including all area within the right-of-way.
STREET LINE
The right-of-way line of a street or easement for ingress and egress.
STRUCTURAL TRIM
The molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.
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.
SURFACE
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.
TEMPORARY SIGN
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.
TRAVEL TRAILER
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.
VARIANCE
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.
WALL SIGN
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.
YARD
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.
YARD, FRONT
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
034 Corner Lot.tiff
(5) 
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.
034 Street Lines.tiff
YARD, REAR
(1) 
The term "rear yard" means the yard extending across the rear of a lot between side lot line.
(2) 
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.
YARD, SIDE
(1) 
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.
(2) 
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.