The following rules of construction shall apply to the text
of this chapter:
A.
Except with respect to the headings contained in § 390-7, the headings which title an article, section, or subsection of this chapter are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
B.
The illustrations contained within this chapter are intended to illustrate
hypothetical applications of the provisions which refer to them, and
shall not have the effect of enlarging or restricting the terms and
provisions which refer to them, nor shall they be applicable to other
provisions of this chapter which do not refer to them. In the event
of any conflict between the provisions of the written text of this
chapter and the illustrations, the written text shall govern.
C.
Unless the context clearly indicates to the contrary: 1) words used
in the present tense shall include the future tense; 2) words used
in the singular number shall include the plural number; and 3) words
used in the plural number shall include the singular number.
D.
The word "shall" is always mandatory and not merely discretionary.
The word "may" is permissive.
E.
The term "building," "structure," "premises" or any similar term,
shall be interpreted to include any part of the building, structure,
premises, or other similar term unless otherwise stated.
F.
The word "person" shall include a firm, association, partnership,
joint venture, corporation, trust, municipal, or public entity, or
equivalent entity or a combination of any of them as well as a natural
person.
G.
The words "used" and "occupied," as applied to any land, building,
or structure, shall be construed to include the phrases "intended,"
"arranged," or "designed to be used" or "occupied."
H.
The words "erected" or "erection" as applied to any building or structure
shall be construed to include the words "built," "constructed," "reconstructed,"
"moved upon" or any physical operation or work on the land on which
the building or structure is to be built, constructed, reconstructed
or moved upon, such as excavation, filling, drainage or the like.
I.
The particular shall control the general.
J.
The word "herein" means this chapter.
K.
The word "regulation" means the regulations of this chapter.
L.
Lists of examples prefaced by "including the following," "such as,"
or other similar preface shall not be construed as exclusive and shall
not preclude an interpretation of the list, including other similar
examples which are not expressly mentioned.
M.
The "Village Council," "Zoning Board of Appeals," and "Planning Commission"
are respectively the Village Council, Zoning Boards of Appeals, and
Planning Commission of the Village of Spring Lake.
N.
Terms not herein defined shall have the meanings customarily accepted.
For the purpose of this chapter, the following terms and words
are hereinafter defined.
A property, parcel, or lot abutting a lake, and used or intended
to be used for providing access to a lake by pedestrian or vehicular
traffic to and from offshore land regardless of whether said access
to the water is gained by easement, common fee ownership, single fee
ownership, lease, license, gift, business invitation or any other
form or dedication or conveyance.
A building, or a portion thereof, which is supplementary
and/or subordinate to the principal building, or part of the principal
building, on the same lot and occupied by or devoted exclusively to
an accessory use. When an accessory building is attached to the main
building in a substantial manner (such as a wall or roof), the accessory
building shall be considered a part of the main building for setback
purposes. Examples are private garages, carports, sheds, and gazebos.
A structure which is clearly subordinate or incidental to
a principal structure or principal use.
A use which is clearly incidental to, customarily found in
connection with, and (except in the case of accessory off-street parking
spaces, or loading) located on the same zoning lot as the principal
use to which it is related.
An adult foster care facility with the approved capacity
to receive more than 20 adults to be provided supervision, personal
care, and protection in addition to room and board, 24 hours a day,
five or more days a week, and for two or more consecutive weeks.
An establishment having as its principal function the receiving
of adults for foster care as defined[1] in Act 218 of 1979 (MCLA § 400.701 et seq.).
It includes facilities and foster care family homes for adults who
are aged, emotionally disturbed, developmentally disabled, or physically
handicapped who require supervision on an ongoing basis but who do
not require continuous nursing care. Adult foster care does not include
any of the following:
Nursing homes licensed under Part 217 of Act 368 of the Public
Acts of 1978,[2] as amended;
Hospitals for persons with mental disabilities or a facility
for the developmentally disabled operated by the Department of Mental
Health under Act 258 of the Public Acts of 1974,[3] as amended;
County infirmary operated by a County Department of Social Services
under Section 55 of Act 280 of the Public Acts of 1939,[4] as amended;
A child-care institution, children's camp, foster family home,
or foster family group home licensed or approved under Act 116 of
the Public Acts of 1973,[5] as amended, if the number of residents who become 18 years
of age while residents, does not exceed statutory limits;
Homes for the aged licensed under Part 213 of Act 368 of the
Public Acts of 1978,[6] as amended;
Hospitals licensed under Part 215 of Act 368 of the Public Acts
of 1978,[7] as amended;
Foster family homes licensed or approved under Act 116 of the
Public Acts of 1973[8] if a person 18 years of age or older is placed therein;
Areas excluded by Section 17(3) of Act 448 of the Public Acts
of 2014[9];
Private residences with the capacity to receive at least one
but not more than four adults;
An establishment commonly described as an alcohol or a substance
abuse rehabilitation center, a residential facility for persons released
from or assigned to adult correctional institutions, a maternity home,
or a hotel or rooming house which does not provide or offer to provide
foster care; and
A veteran's facility created by Act 152 of the Public Acts of
1885,[10] as amended.
An adult foster care facility with the approved capacity
to receive at least three but not more than six adults who are provided
supervision, personal care, and protection in addition to room and
board, for 24 hours a day, five or more days a week, and for two or
more consecutive weeks. The adult foster care family home licensee
shall be a member of the household and an occupant of the facility.
An adult foster care facility with the approved capacity
to receive at least 13 but not more than 20 adults to be provided
supervision, personal care, and protection in addition to room and
board, 24 hours a day, five or more days a week and for two or more
consecutive weeks.
An adult foster care facility with approved capacity to receive
at least three but not more than 12 adults to be provided supervision,
personal care, and protection in addition to room and board, 24 hours
a day, five or more days a week, and for two or more consecutive weeks.
Buildings, structures, and premises used for the combining
of parts into finished products and/or sub-assembly components for
subsequent finishing on- or off-site and for the packaging, repackaging,
shipping, and receiving of previously manufactured components.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and convenience
items; and which may include as an accessory use the minor repair
of automobiles and the sale and installation of lubricants, tires,
batteries, and similar vehicle accessories, but which does not include
major automobile repair as defined herein.
A building or land used for caring for, servicing, repairing,
refinishing, equipping, adjusting or otherwise working on vehicles
for compensation, including, but not limited to, major mechanical
and body work, storage of damaged or inoperable vehicles awaiting
repair, and other vehicle repair work creating noise, glare, fumes
or smoke, or used for the storage and impounding of vehicles, not
including wrecking, junking or salvaging vehicle parts.
A building and premises engaged in the general mechanical
repair and maintenance of passenger automobiles and trucks weighing
less than 7,000 pounds, where minor services may be rendered, including,
but not limited to, oil change and general lubrication services, tire
services, muffler repair, suspension and brake repair, retail and
installation of batteries or other automobile supplies and accessories,
and where other minor services may be rendered, not to include the
following:
A building and equipment used for the commercial washing,
waxing, and detailed cleaning of the interior and exterior of automobiles
and trucks for the general public. Such facilities shall include self-wash,
automated and hand-wash facilities, as well as any combination thereof.
[1]
Editor's Note: The term "adult foster care facility" is defined
in MCLA § 400.703.
[2]
Editor's Note: See MCLA § 333.21711, Licensure of
nursing home.
[3]
Editor's Note: See the Mental Health Code, MCLA § 330.1001
et seq.
[4]
Editor's Note: See the Social Welfare Act, MCLA § 400.1
et seq.
[5]
Editor's Note: See MCLA § 722.111 et seq.
[6]
Editor's Note: See MCLA § 333.21301 et seq.
[7]
Editor's Note: See MCLA § 333.21501 et seq.
[8]
Editor's Note: See MCLA § 722.111 et seq.
[9]
Editor's Note: See MCLA § 554.917(3).
[10]
Editor's Note: See the Veterans Facility Act, MCLA § 36.1
et seq.
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 (Figure
390-7.2B).
A single-family dwelling in which transient guests are provided
a sleeping room, breakfast, and access to bathing and lavatory facilities
in return for payment.
A vehicle used or capable of being used as a means of transportation
on water.
A parking space for the parking or storage of a boat.
A landscaped open space free of development, structures,
parking, and buildings, but which may include an obscuring wall, plantings
and berms used to physically separate and screen one use or property
from another so as to visually shield or block noise, lights, and
other nuisances.
Any structure, either temporary or permanent, which is erected
having a roof supported by columns or walls, which is used or erected
for the shelter or enclosure of persons, animals, or personal property
or for carrying on business activities or other similar uses.
The total area contained within the exterior foundation or
framing area taken on a horizontal plane at the largest floor level
of a building or an accessory building exclusive of unroofed porches,
terraces, patios, decks, and steps, and of awnings and nonpermanent
canopies (Figure 390-7.2A).
 |
That façade of the building that abuts the required
front yard or corner front yard as stipulated in this chapter.
The vertical distance from the average level of the highest
and lowest point of that portion of a lot covered by the building
to the highest point of the roof surface, parapet wall, or other uppermost
part. The highest and lowest point of the lot shall be measured from
the existing natural grade prior to any site alteration, grading,
or filling (Figure 390-7.2B).
 |
The person designated by the Village Council to administer
and enforce the Building Code.
A permit issued by the Zoning Administrator pursuant to § 390-152 of this chapter.
See "place of public assembly."
An organization of persons for special purposes or for the
promulgation of sports, arts, sciences, literature, politics, or the
like, but not operated for profit.
A charitable facility, place, or building that provides temporary
transitional housing, free food and clothing, or other similar services
to those in need and may include the administration of such programs
on site. Any temporary housing is provided in individual single-family
units or may be part of a multifamily facility. "Community support
facility" does not include the following:
Any retail establishment containing less than 2,500 square
feet of gross floor area that is designed and stocked to sell items
such as prepackaged food products, household items, newspapers and
magazines, sandwiches and other freshly prepared foods, such as salads,
for off-site consumption.
The opening along a curbline at which point vehicles may
enter or leave the street.
A facility, other than a private residence, that provides
temporary care for periods less than 24 hours for adults, over 18
years of age, who for reasons of age or physical and/or cognitive
limitations are in need of supervised care. An adult day care facility
does not include adult foster care, nursing care facilities, or other
facilities which require licensing from the State of Michigan.
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. "Child care center" or "day care
center" includes a facility that provides care for not less than two
consecutive weeks, regardless of the number of hours of care per day.
The facility is generally described as a child care center, day care
center, day nursery, nursery school, parent cooperative preschool,
play group, or drop-in center. "Child care center" or "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 more than three hours per day for an indefinite
period, or not more 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 more than three hours while persons responsible
for the children are attending religious services.
A single-family dwelling in which one but less than seven
adults are received for care and supervision for periods of less than
24 hours per day, or in which one but less than seven minor children
are received for care and supervision for periods of less than 24
hours per day, unattended by a parent or legal guardian, except children
related by blood, marriage or adoption to an adult member of the family
occupying the single-family dwelling.
A single-family dwelling in which more than six but less
than 12 adults are given care and supervision for periods of less
than 24 hours per day, or in which more than six but less than 12
minor children are given care and supervision for periods of less
than 24 hours per day, unattended by a parent or legal guardian, except
children related by blood, marriage or adoption to an adult member
of the family occupying the single-family dwelling.
A unit of measure used to express the magnitude of sound
pressure and sound intensity. Decibels shall be measured on the dBA
weighted scale as defined by the American National Standards Institute.
A tree that provides shade during the growing season and
sheds leaves seasonally or at certain life cycle stages.
The number of dwellings per unit of land.
A part, zone, or geographic area within the Village within
which certain zoning or development regulations apply.
Animals commonly domesticated and kept in homes, including,
but not limited to, dogs, cats, birds, fish, rabbits, small rodents,
small reptiles, and similar animals that do not represent an unusual
risk to persons or property.
A principal use or accessory use of a business establishment
so developed that its retail or service character is wholly or partially
dependent on providing a driveway approach and service windows or
facilities for vehicles in order to serve patrons while in the vehicle.
A private roadway providing access to a street.
A driveway serving two or more structures or off-street parking
areas which are located on individual lots.
An accessory use of a property where trash or recyclable
material, or other types of waste or refuse, is stored temporarily,
having a capacity of at least one cubic yard.
A building, or part thereof, that is used exclusively for
human habitation and which provides complete living facilities, including
permanent provisions for sleeping, cooking, eating, and sanitation,
for exclusive use by one family, with no ingress or egress through
any other dwelling unit.
A person holding legal or equitable title to a dwelling.
A separate, complete housekeeping unit with a separate entrance,
kitchen, sleeping area, and full bathroom facilities which is an attached
or detached extension to an existing single-family structure and located
on the same parcel of land as an existing single-family structure.
A building or portion thereof, designed for exclusive use
and occupancy by three or more families living independently of each
other in individual dwellings.
A building containing one dwelling that is designed for exclusive
use and occupancy by one family and that is not attached to any other
dwelling by any means.
A building containing two attached dwellings that are designed
for exclusive use and occupancy by two families and having separate
living, cooking, and eating facilities for each family.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge, including
a preschool, elementary, middle, or high school, college or university,
trade school and the like, whether public or private, that meets state
requirements, where applicable.
A person employed by another for wages or salary.
Built, constructed, altered, reconstructed, moved upon, or
any physical operations on the premises which are required for construction,
excavation, fill, drainage, and the like, shall be considered a part
of erection.
The erection, construction, alteration or maintenance by
public utilities or municipal departments or commissions of underground,
surface, or overhead gas, communication, electrical, steam, or water
transmission or distribution systems; and collection, supply or waste
disposal systems, including mains, drains, sewers, pipes, water pump
stations, sewer lift stations, conduits, wires, cables, fire alarm
boxes, traffic signals, hydrants, towers, poles, and other similar
equipment; and accessories in connection therewith reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal departments or commissions, but not including buildings.
Electric substations, natural gas regulator stations, radio broadcasting
and receiving towers and equipment, or structures used in cellular
telephone systems are specifically excluded from the definition of
"essential public services."
A cone-bearing tree whose foliage remains green and functional
through more than one growing season.
Any breaking of ground, except common household gardening
and ground care.
A single individual or a number of individuals domiciled
together whose relationship is of a continuing, nontransient, domestic
character and who are cooking and living together as a single, nonprofit,
housekeeping unit. This shall not include any society, club, fraternity,
sorority, association, lodge, organization or group of students or
other individuals whose relationship is of a transitory or seasonal
nature, or for anticipated limited duration of school terms, or other
similar determinable period of time.
A market usually held out-of-doors where farmers can sell
produce, plants, prepared food, crafts, and similar items to the public.
A vertical barrier constructed for the purpose of enclosing
space or separating lots.
Commercial establishments such as banks, credit agencies,
investment companies, brokers, and dealers of securities and commodities,
security and commodities exchanges, and insurance agencies.
That area mapped by the National Flood Insurance Program
having a flood elevation that has a 1% chance of being equaled or
exceeded each year, and as determined by the Federal Emergency Management
Agency.
That area of land adjoining a river or stream that will be
inundated by a one-hundred-year flood which, for the purposes of this
chapter, is taken to mean the floodplain area mapped by the National
Flood Insurance Program, as determined by the Federal Emergency Management
Agency.
The sum of the horizontal areas of each story of a building
or structure, including a basement but excluding a porch or other
similar unenclosed area, measured from the interior faces of the exterior
walls, or from the center line of a wall separating two buildings,
but excluding any space where the floor-to-ceiling height is less
than six feet.
The sum of the horizontal areas of each story of a residential
dwelling, measured from the interior faces of the exterior walls or
from the center line of walls separating two dwellings, but excluding
areas of basements, unfinished attics, garages, carports, breezeways
and enclosed or unenclosed porches.
A single-family dwelling used in whole or in part as living
quarters for a household, including one but not more than four minor
children, placed by a licensed child placement agency, who are not
related to an adult member of the family occupying the single-family
dwelling by blood, marriage or adoption, are given care and supervision
for 24 hours per day, unattended by a parent or legal guardian
A single-family dwelling used in whole or in part as living
quarters for a household in which more than four but less than seven
minor children, placed by a licensed child placement agency, who are
not related to an adult member of the family occupying the single-family
dwelling by blood, marriage or adoption, are given care and supervision
for 24 hours per day, unattended by a parent or legal guardian.
A building or part thereof used for human funeral services
and related activities such as embalming and the performance of other
services used in the preparation of the deceased for burial; the storage
of caskets, funeral urns, and other related funeral supplies; the
storage of funeral vehicles; and facilities for cremation.
An accessory building used primarily for the parking or storage
of vehicles owned and operated by the residents thereof and other
storage incidental to the permitted use of the principal building
and that is not a separate commercial enterprise available to the
general public.
A final elevation of the ground level after development.
The arithmetic mean of the lowest and highest grade elevations
in an area within five feet of the foundation line of a building or
structure, or in the area between the foundation line and the lot
line in the case where the foundation line is less than five feet
from the lot line (Figure 390-7.2B).
A landscape area of definite width, height and location and
containing plant materials of definite spacing designed and intended
to serve as an obscuring device in carrying out the screening requirements
of this chapter.
One or more of the following:
Any occupation, profession, or activity carried out for financial
gain from a residential property as a use clearly incidental and secondary
to the residential nature of the property, where no article is sold
or personal services rendered except such as are produced or performed
by the home occupation itself and which may involve business activities
generally conducted at other locations, or the sale or exchange of
services at the residential property.
Any establishment offering transient lodging accommodations
to the general public with access from interior lobbies and which
may provide additional services, such as meals or restaurant service,
meeting rooms, entertainment, and recreational facilities. A "hotel"
shall not be considered or construed to be a multiple-family dwelling.
Any material that prevents the absorption of stormwater into
the ground.
An indoor facility, with or without seating for spectators,
and providing accommodations for a variety of individual or organized
sports, including, but not limited to, basketball, ice hockey, wrestling,
soccer, tennis, volleyball, racquetball, or handball. Such facility
may also provide other regular organized events, including health
and fitness club facilities, a swimming pool, retail sales of related
sports, health, or fitness items, and other similar support facilities.
(Reserved)
(Reserved)
A land division as defined in the Land Division Act of the
State of Michigan, being Public Act 288 of 1967,[1] as amended.
A public, nonprofit facility in which literary, musical,
artistic, or reference materials such as, but not limited to, books,
manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for
sale.
A building, or a part of a building used both as a dwelling
and for any nonresidential use permitted in the zoning district in
which the building is located.
An off-street space on the same lot with a building, or group
of buildings, for the temporary parking of a commercial vehicle while
loading and unloading merchandise or materials.
An undivided portion of land occupied or intended for occupancy
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and accessory uses, together
with such yards, open spaces, and parking areas as may be present
or required under the provisions of this chapter. A lot may or may
not be specifically designated as such on public records.
The total horizontal area within the lot lines of a lot.
A part or percent of a lot occupied by buildings or structures,
including accessory buildings and structures.
The horizontal distance from the midpoint of the front lot
line to the midpoint of the rear lot line, or to the rear most point
of the lot where there is no rear lot line.
The lines bounding a lot as defined herein:
FRONT LOT LINEIn the case of an interior lot, that line separating the lot from the public or private street. In the case of a corner lot or a through lot, that line separating the lot from either street. In the case of a waterfront lot, the lot line along the water shall be the front lot line (Figure 390-7.12A).
REAR LOT LINEThat lot line which is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot, the rear lot line shall be an imaginary line parallel to the front lot line, at least 10 feet in length, lying farthest from the front lot line and wholly within the lot. In the case of a corner lot, there shall be no rear lot line. In the case of a waterfront lot, the lot line separating the lot from the public or private street shall be the rear lot line (Figure 390-7.12A).
SIDE LOT LINEAny lot line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line (Figure 390-7.12A). In the case of a corner lot, the two lot lines opposite the front lot lines shall be considered side lot lines.
In the case where a lot has equal frontage on a right-of-way
on two or more sides, or other case in which the above definitions
do not apply, the Zoning Administrator shall designate front, rear
and side lot lines based on the following considerations:
Location and orientation of existing or proposed buildings on
the lot in question, in relation to existing buildings on properties
in the same general neighborhood.
Location and effect of vegetation, water, or other natural features
affecting location of buildings or structures on the lot in question.
Traffic patterns and volumes on each street.
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A lot whose legal description is recorded in the office of
the Registrar of Deeds for the County of Ottawa, State of Michigan,
as a part of a plat or subdivision or by metes and bounds.
The horizontal straight-line distance between side lot lines,
measured between the two points where the minimum front setback line
intersects the side lot lines (Figure 390-7.12A).
A lot where the interior angle of two adjacent sides at the
intersection of two streets is less than 135°. A lot abutting
upon a curved street or streets shall be considered a corner lot for
the purposes of this chapter if the arc is of less radius than 150
feet and the tangents to the curve, at the two points where the side
lot lines meet the curve or the straight street line extended, form
an interior angle of less than 135° (Figure 390-7.12B).
A lot or parcel that has frontage on the Grand River, Spring
Lake, or another navigable body of water (Figure 390-7.12B).
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[1]
Editor's Note: See MCLA § 560.101 et seq.
A factory-built, single-family structure that is manufactured
or constructed under the authority of the National Manufactured Home
Construction and Safety Standards Act,[1] is wholly or substantially constructed at an off-site
location, transportable in one or more sections, and is built on a
permanent chassis, but which is not constructed with a permanent hitch
or other device allowing transport of the unit other than for the
purpose of delivery to a permanent site, and which does not have wheels
or axles permanently attached to its body or frame.
The term shall have the meaning given to it in Section 7106
of the Michigan Public Health Code, 1978 P.A. 368, MCLA § 333.7106,
as referred to in Section 3(d) of the Michigan Medical Marihuana Act,
P.A. 2008, Initiated Law, MCLA § 333.26423(d). Any other
term pertaining to marihuana used in this chapter and not otherwise
defined shall have the meaning given to it in the Michigan Medical
Marihuana Act and/or the General Rules of the Michigan Department
of Community Health issued in connection with that Act.
A facility, including three or more waterfront boat slips,
which provides for the servicing, storing, fueling, berthing, and
securing of boats and that may include eating and retail facilities
intended primarily for the owners, crews, and guests of boat owners
using the marina.
The comprehensive, long-range master plan intended to guide
growth and development in the Village of Spring Lake, which includes
recommendations on future land use, economic development, housing,
recreation, transportation, open space, and community facilities.
A facility for the medical or dental care, diagnosis, or
treatment of sick, ailing, infirm and injured persons and those who
are in need of medical, dental, or minor surgical care attention,
but who are not kept on the premises for more than eight hours, but
not including the operation of a licensed primary caregiver pursuant
to the Michigan Medical Marihuana Act.[2]
The acquisition, possession, cultivation, manufacture, use,
internal possession, delivery, transfer, or transportation of marihuana
or paraphernalia relating to the administration of marihuana to treat
or alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical condition,
as defined under the Medical Marihuana Act, P.A. 2008, Initiated Law,
MCLA § 333.26421 et seq.
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
A building that houses more than one business operated under
common management, or a unified grouping of individual businesses,
served by a common circulation and parking lot.
The generation, transmission, and/or distribution of electricity,
gas, steam, communications, and water; the collection and treatment
of sewage, stormwater, and solid waste; and the provision of mass
transportation; as provided by the Village or an instrumentality of
the Village or other governmental unit, entity or collaborative of
which the Village is a member or to which the Village has consented.
Physical characteristics of the subject property that are
not man-made, such as woodlands, wetlands, or streams.
A building, structure, or portion thereof existing on the
effective date of this chapter, or amendments thereto, which thereafter
does not conform to the provisions of the zoning district in which
it is located, pertaining to minimum lot area, minimum lot width,
minimum residential floor area, required yards, or maximum building
height.
A lot, the area, dimensions, or location of which was lawful
prior to the adoption, revision, or amendment of the ordinance but
that fails by reason of such adoption, revision, or amendment to conform
to the present requirements of the applicable zoning district or other
zoning regulations.
A use of a building, structure or land in existence on the
effective date of this chapter, or amendments thereto, which no longer
conforms to the use regulations of the zoning district in which it
is located.
A residential care facility providing long-term care for
elderly, infirm, terminally ill, physically, emotionally and/or developmentally
disabled persons, licensed in accord with Article 17 of Act 368 of
1978,[1] as amended.
[1]
Editor's Note: See MCLA § 333.21701 et seq.
A facility providing vehicular parking spaces along with
adequate drives and aisles, for maneuvering, so as to provide access
for entrance and exit for the parking of more than three vehicles.
A building used primarily for conducting the affairs of a
business, profession, service, industry, or government, or like activity,
and may include ancillary services for office workers, such as a coffee
shop or child-care facilities.
A permanent business including the sales and/or display of
retail merchandise or services outside of a permanent structure, including,
but not limited to, new and used auto, boat, recreational vehicle,
or manufactured home sales or rentals, nurseries, greenhouses, lawn
and garden centers, and other similar uses.
Any property or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for active or passive
public or private use or enjoyment or for the use and enjoyment of
owners, occupants, and their guests of land adjoining or neighboring
such open space, excluding easements for streets or private roads.
The line between upland and bottomland that persists through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil, and the vegetation.
On an inland lake that has a level established by law, it means the
high established level.
An area adjacent to or abutting space controlled by the user
of a restaurant located within the sidewalk area, pedestrian plaza
area of the public right-of-way, or rooftop, and used exclusively
for dining, drinking, and pedestrian circulation.
A low wall or railing with architectural design which projects
above the roof line (Figure 390-7.16).
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A tract of land, designated, maintained, and used by the
public for active and/or passive recreation and which is owned and
controlled by a public entity or unit of government, not including
the use of motorized recreational vehicles or as a shooting range.
See "off-street parking lot."
An area of definite length and width, exclusive of drives,
aisles, or entrances giving access thereto, and fully accessible for
the parking of vehicles.
A level, landscaped, and/or surfaced area at or within seven
inches of the finished grade and not covered by a permanent roof.
An establishment primarily engaged in providing services
involving the care of a person or his or her goods or apparels, including,
but not limited to, barbershops or beauty shops, health and fitness
salons, nail salons, and photographic studios, but not including a
tattoo or piercing parlor.
See "domesticated animal."
Buildings, structures, and grounds, including theaters, churches,
auditoriums, convention space, stadiums, sports arenas, concert halls,
lecture halls and other similar facilities intended for commercial
or noncommercial entertainment, instruction, worship, or similar activities
involving assembled groups of people numbering 30 or more.
SMALL PLACES OF PUBLIC ASSEMBLYA place of public assembly shall be considered a small facility if it has less than 2,000 square feet in gross floor area, and total seating capacity of no more than 100 in the largest room or space intended for public assembly, and no capacity to expand to meet either of the preceding standards.
LARGE PLACES OF PUBLIC ASSEMBLYA place of public assembly shall be considered a large facility if it has either 2,000 square feet or more in gross floor area, total seating capacity of more than 100 in the largest room or space intended for public assembly, or the capability to expand to meet these standards in the future.
A type of development, subject to review by the Planning Commission and approval by the Village Council, in which one or more of the applicable zoning district regulations pertaining to allowed uses, minimum lot area, minimum lot width, required yards, maximum building height, minimum residential floor area or other applicable zoning district requirements are waived in order to accomplish the intent of Article XII, Planned Unit Development (PUD), of this chapter.
A pond designed to temporarily detain stormwater runoff for
a short period of time, gradually releasing it to the natural watercourse
immediately after the peak volume of stormwater has dissipated.
A pond designed and intended to hold water for a considerable
length of time for aesthetic or consumptive purposes as well as for
the collection and holding of stormwater runoff, the volume of which
may never be totally discharged to a natural watercourse.
A patio or deck that is either fully or partially enclosed
with screening, glazing or other means of enclosure, whether or not
it is heated or cooled by mechanical means.
A person who is at least 21 years old and who has agreed
to assist with a patient's medical use of marihuana and who has never
been convicted of a felony involving illegal drugs.
A building in which is conducted the principal or main use
of the lot on which it is located.
The principal use to which a lot or structure on a lot are
devoted and the primary or principal purpose for which the premises
exist.
A privately owned and maintained right-of-way which affords
traffic circulation and principal means of access for more than one
lot or site condominium unit; such a privately owned and maintained
right-of-way shall be considered one private road, regardless of any
turns or changes in direction, until it intersects with a street.
An establishment engaged in providing assistance, as opposed
to products, to individuals, businesses, industries, governments,
and other enterprises, including printing, mailing, legal, engineering,
consulting, employment agencies, data processing, and other similar
services.
Any real property or a building or structure that is owned
or leased by the State of Michigan, any local unit of government of
the State of Michigan, a public agency, or a college or university
of the State of Michigan, including a court, mall, park, or other
area, feature, or element; shall also mean a business or an educational,
refreshment, entertainment, recreation, health, or transportation
facility, or institution of any kind, whether licensed by any agency
of government or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold, or otherwise
made available to the public.
(Reserved)
A vehicular unit which is designed or constructed for the
transportation of people, primarily for recreational purposes, and
which may permit occupancy thereof as a dwelling or sleeping place,
and which is self-propelled, mounted on, or pulled by another vehicle.
Examples include, but are not limited to, motor homes, camper trailers,
pop-up tent trailers, boats, snowmobiles, off-road vehicles and other
similar vehicles or trailers. The term "recreational vehicles" shall
not include motorcycles or motorbikes or other similar means of transportation
intended primarily for on-street use.
The permission, provision, or offering of possession or occupancy
of a dwelling with some type of remuneration paid to the dwelling
owner for a period of time by a person who is not the dwelling owner,
pursuant to a written or verbal agreement.
A mixture of land uses in which dwelling units are located
on floors or stories above retail businesses or office uses.
An establishment selling food and drink for consumption on
the premises, including restaurants, taverns, coffee houses, bakeries,
lunch counters, refreshment stands, and similar facilities selling
prepared foods and drinks for immediate on-site consumption or for
takeout.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Any vertical assembly, with a horizontal length-to-thickness
ratio greater than three, consisting of materials assembled and designed
to resist the lateral load action of soil.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, sidewalk, crosswalk, railroad, electric transmission lines,
oil or gas pipeline, water line, sanitary storm sewer, and other similar
uses.
A structure such as a fence, wall, earthen berm, landscape
materials, or a combination of these elements which provide enclosure
and a visual barrier between the area enclosed and the adjacent property.
A special combination of housing, supportive services, personalized
assistance, and health care designed to respond to the individual
needs of those who need help with activities of daily living, which
may or may not include a central or private kitchen, dining, recreational,
and other facilities, with separate bedrooms or living quarters, and
where the emphasis of the facility remains residential.
An area not suitable or desirable for intense development
due to environmental constraints or natural features, including, but
not limited to, floodplains or floodway areas, wetlands, lakes, rivers,
streams, and adjacent lands, significant vegetation, slopes, and habitat
for animal and plant species of concern.
The measurement from the property line to the nearest point
of the main wall of the building or structure, subject to certain
yard encroachments.
The measurement from the ordinary high water mark of the
Grand River, Spring Lake, or other navigable body of water to the
nearest point of the main wall of the building or structure, subject
to certain yard encroachments.
An establishment engaged in providing services or entertainment
characterized by an emphasis on matter depicting, describing, or relating
to specified sexual activities or specified anatomical areas.
A community service facility offering temporary refuge for
persons in domestic transition living together as a group of individuals
or families.
The rental of any dwelling for a term of less than 28 days;
the definition does not include the use of campgrounds, hotel rooms,
transitional housing operated by a nonprofit entity, group homes such
as nursing homes and adult foster care homes, hospitals, or housing
provided by a substance-abuse rehabilitation clinic, mental-health
facility, or other health-care-related clinic.
A concrete facility for pedestrians that is physically separated
by an open space buffer or physical barrier from the portion of a
street or private road traveled by motor vehicles.
Any object, device, display, structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, or direct or attract attention to an object, person, institution,
organization, business, product, service, event, location, statement,
concept, or anything else by any means, including words, letters,
figures, designs, symbols, fixtures, colors, motion, illumination
or projected images and which is visible from a public right-of-way
or public waterway. The following are definitions of sign types:
ABANDONED SIGNA sign pertaining to or associated with an event, business, or purpose which is no longer ongoing and which has been inactive or out of business for a period of 90 consecutive days or longer; or a sign which contains structural components but no display for a period of 90 consecutive days or longer.
BANNER SIGNA temporary sign constructed of cloth, fabric, plastic, or other durable, flexible material of professional quality, with or without a structural frame. The term "banner" does not include pennants (Figure 390-7.19A).
(Reserved)
ELECTRONIC MESSAGE BOARDA sign on which a fixed or changing display/message composed of a series of lights may be changed through electronic means.
FLAG SIGNA flag sign communicates information by means of a flag but does not include the flag of the United States of America, the State of Michigan Flag, or the Village of Spring Lake Flag.
FREESTANDING SIGNA sign structurally separate from and not attached to any building, which is attached directly to the ground surface in a permanent manner, or supported by one or more uprights, poles or braces attached to the ground surface in a permanent manner.
GOVERNMENT SIGNA sign that is constructed, placed, or maintained by the federal, state, or local government, or a sign that is required by the federal, state, or local government.
MONUMENT SIGNA freestanding sign which is placed directly on the ground surface, without the use of uprights, poles or any other structure to elevate the sign face above the surrounding grade and which is up to six feet in height (Figure 390-7.19A).
PENNANTA series of small, often triangular, tapering flags made of lightweight plastic, fabric, or other similar material, suspended from a rope, wire, or string, often designed to move in the wind.
ILLEGAL SIGNA sign which does not meet the requirements of this chapter and which does not have a legal nonconforming status.
MARQUEE SIGNA sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by this chapter (Figure 390-7.19A).
OFF-PREMISES SIGNA sign pertaining to entities, activities, services, events, or other such matters occurring on another lot other than the lot where the sign is located.
PORTABLE SIGNA temporary sign which is designed to be moved easily from place to place, that is not permanently attached to the ground or to a building or other structure, that may be supported by wheels, a portable stand, or a chassis, and may have provision for towing behind a vehicle (Figure 390-7.19A).
PROJECTING SIGNA sign attached to the wall of a building, with the face of the sign bearing a message in plane approximately perpendicular to the plane of such wall and which projects more than 12 inches from such building (Figure 390-7.19A).
ROOF SIGNA sign attached to and projecting from the roof surface of a building (Figure 390-7.19A).
SANDWICH BOARD SIGNA movable sign not secured or attached to the ground surface, constructed in such a manner as to form an "A" or tent-like shape.
TEMPORARY SIGNA sign that is not permanently affixed to the ground and is designed, constructed, or intended for use for a limited period of time.
VEHICULAR SIGNAny sign attached or applied to or painted on a vehicle for the primary purpose of directing attention of viewers, but does not include words, graphics, or other communication that serves to identify the vehicle as one ordinarily and routinely used and operated in the course of the operations or activities conducted by the owner or operator of the vehicle.
WALL SIGNA sign attached to or painted on the wall of a building or structure, with the face of the sign bearing a message in a plane approximately parallel to the plane of such wall and not projecting from the wall more than six inches. A sign attached to or displayed upon an awning, marquee or canopy is also considered to be a wall sign, except that an entity's logo or name not exceeding six square feet in area attached to or displayed upon such awning, marquee or canopy shall not be considered a sign (Figure 390-7.19A).
WAYFINDING SIGNAn off-premises sign that is part of a Village-sponsored and coordinated program for the purpose of facilitating pedestrian and vehicular transit to local destinations as designated and recognized by the Village's wayfinding sign program.
WINDOW SIGNA sign which is applied or attached to, or located within, three feet of the interior of a window on a structure which can be seen through or from the window of the structure (Figure 390-7.19A).
YARD SIGNA sign of relatively impermanent construction, intended for temporary use, manually placed in a yard.
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The entire face of a sign, including the advertising surface
and any framing, trim, or molding, but not including the supporting
structure (Figure 390-7.19B).
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A method of subdivision where the sale and ownership of sites
is regulated by the Condominium Act (P.A. 59 of 1978),[1] as amended.
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot as required by Article XVII of this chapter.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. A basement shall not be counted as a story (Figure 390-7.2B).
A dedicated public right-of-way, other than an alley, which
affords the principal means of access to abutting property.
LOCALA street of limited continuity used primarily for access to abutting residential properties.
MAJORA street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, roadway, parkway, freeway, expressway or equivalent.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including, but not limited to, buildings, radio and
television towers, sheds, signs, and fences.
The placing of construction materials in a permanent position
and fastened in a permanent manner; except that where demolition or
removal of an existing building has been substantially begun preparatory
to reconstruction, such demolition or removal shall be deemed substantial
construction.
An artificially constructed structure erected in connection
with or appurtenant to one or more private residences, either above
or below or partly above and partly below grade, located either in
part or wholly outside of a permanently enclosed and roofed building,
designed to hold water to a depth of greater than two feet when filled
to capacity, and intended to be used for recreational purposes.
[1]
Editor's Note: See MCLA § 559.101 et seq.
A structure that lacks a permanent foundation and is affixed
to the earth and/or an existing structure with nonpermanent fasteners.
(Reserved)
Permission granted by the Zoning Board of Appeals pursuant to Article XIX to depart from the literal requirements of this chapter.
Any device in, upon, or by which any person or property is
or may be transported or drawn upon any street, excepting devices
exclusively propelled by human power or used exclusively upon stationary
rails or tracks.
A facility where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the clinic
use.
A visually attractive, aesthetic, or significant area, such
as the Grand River, Spring Lake, or Lake Michigan, that is visible
from a defined observation point.
A structure of definite height and location to serve as an
obscuring screen in carrying out the requirements of this chapter.
A building used primarily for the storage of goods and materials.
The erection, construction, reconstruction, alteration, expansion
or enlargement of a building or other structure located in the Waterfront
Overlay District, or the establishment of a new use or change of use
of any land, building or other structure in the Waterfront Overlay
District.
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that, under normal circumstances
does support, wetland vegetation or aquatic life, and is commonly
referred to as a bog, swamp, or marsh.
An establishment or place of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
(Reserved)
The open spaces that lie between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter.
FRONT YARDAn open space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the principal building (Figure 390-7.25).
REAR YARDAn open space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building (Figure 390-7.25).
SIDE YARDAn open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the principal building (Figure 390-7.25).
WATERFRONT YARDIn the case of a waterfront lot, the yard on the street side shall be the rear yard and the waterfront yard shall be the front yard (Figure 390-7.12B).
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The Village of Spring Lake Zoning Administrator as established in § 390-149 of this chapter.
The Michigan Zoning Enabling Act, P.A. 110 of 2006 (MCLA
§ 125.3101 et seq.), as amended.
