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.
ACCESS PROPERTY
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.
ACCESSORY BUILDING
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.
ACCESSORY STRUCTURE
A structure which is clearly subordinate or incidental to a principal structure or principal use.
ACCESSORY or ACCESSORY 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.
ADULT FOSTER CARE CONGREGATE FACILITY
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.
ADULT FOSTER CARE FACILITY
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:
A. 
Nursing homes licensed under Part 217 of Act 368 of the Public Acts of 1978,[2] as amended;
B. 
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;
C. 
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;
D. 
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;
E. 
Homes for the aged licensed under Part 213 of Act 368 of the Public Acts of 1978,[6] as amended;
F. 
Hospitals licensed under Part 215 of Act 368 of the Public Acts of 1978,[7] as amended;
G. 
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;
H. 
Areas excluded by Section 17(3) of Act 448 of the Public Acts of 2014[9];
I. 
Private residences with the capacity to receive at least one but not more than four adults;
J. 
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
K. 
A veteran's facility created by Act 152 of the Public Acts of 1885,[10] as amended.
ADULT FOSTER CARE FAMILY HOME
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.
ADULT FOSTER CARE LARGE GROUP HOME
An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults 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.
ADULT FOSTER CARE SMALL GROUP HOME
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.
ASSEMBLY
Buildings, structures, and premises used for the combining of parts, the manufacturing of products, and the blending of materials into finished products and/or subassembly components for subsequent finishing on- or off-site and for the packaging, repackaging, shipping, and receiving of previously manufactured components.
[Added 5-15-2023 by Ord. No. 383]
ASSEMBLY OPERATION
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.
AUTOMOBILE GASOLINE STATION
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.
AUTOMOBILE REPAIR, MAJOR
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.
AUTOMOBILE REPAIR, MINOR
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. 
Major mechanical and body work, such as straightening of body parts, painting, and refinishing;
B. 
Storage of damaged automobiles not in operating condition, except those awaiting immediate service;
C. 
Other work creating noise, glare, fumes, or smoke.
AUTOMOBILE WASH
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.
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 (Figure 390-7.2B).
BED-AND-BREAKFAST
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.
BOAT
A vehicle used or capable of being used as a means of transportation on water.
BOAT SLIP
A parking space for the parking or storage of a boat.
BREWPUB
An eating or drinking establishment which includes the brewing of beer or ale licensed in accord with Section 105 of Act 58 of 1998 [MCL § 436.1105(15)], as amended.
[Added 5-15-2023 by Ord. No. 383]
BUFFER AREA
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.
BUILDING
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.
BUILDING FOOTPRINT
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).
BUILDING FRONTAGE
That façade of the building that abuts the required front yard or corner front yard as stipulated in this chapter.
BUILDING HEIGHT
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).
BUILDING OFFICIAL
The person designated by the Village Council to administer and enforce the Building Code.
CERTIFICATE OF ZONING COMPLIANCE
A permit issued by the Zoning Administrator pursuant to § 390-152 of this chapter.
CHURCH
See "place of public assembly."
CLUB or LODGE
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.
COMMUNITY SUPPORT FACILITY
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:
A. 
Sheltered housing such as a homeless shelter or women's shelter;
B. 
An establishment commonly described as a residential facility for persons released from or assigned to adult correctional institutions.
CONVENIENCE STORE
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.
CURB CUT
The opening along a curbline at which point vehicles may enter or leave the street.
DAY CARE, ADULT
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.
DAY CARE, COMMERCIAL
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. 
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.
B. 
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.
DAY CARE, FAMILY
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.
DAY CARE, GROUP
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.
DECIBEL
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.
DECIDUOUS TREE
A tree that provides shade during the growing season and sheds leaves seasonally or at certain life cycle stages.
DENSITY
The number of dwellings per unit of land.
DISTILLERY, SMALL
An establishment that manufactures spirits licensed in accord with Section 111 of Act 58 of 1998 [MCL § 436.1111(11)], as amended. A small distillery may also include retail sales, and/or a restaurant, bar, or tasting room.
[Added 5-15-2023 by Ord. No. 383]
DISTRICT
A part, zone, or geographic area within the Village within which certain zoning or development regulations apply.
DOMESTICATED ANIMAL
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.
DRIVE-THROUGH BUSINESS
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.
DRIVEWAY
A private roadway providing access to a street.
DRIVEWAY, SHARED OR COMMON
A driveway serving two or more structures or off-street parking areas which are located on individual lots.
DUMPSTER
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.
DWELLING
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.
DWELLING OWNER
A person holding legal or equitable title to a dwelling.
DWELLING, ACCESSORY
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.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof, designed for exclusive use and occupancy by three or more families living independently of each other in individual dwellings.
DWELLING, SINGLE-FAMILY
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.
DWELLING, TWO-FAMILY
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.
EDUCATIONAL INSTITUTION
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.
EMPLOYEE
A person employed by another for wages or salary.
ERECTED
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.
ESSENTIAL PUBLIC SERVICES
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."
EVERGREEN TREE or CONIFEROUS TREE
A cone-bearing tree whose foliage remains green and functional through more than one growing season.
EXCAVATION
Any breaking of ground, except common household gardening and ground care.
FAMILY
A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit.
[Amended 9-18-2023 by Ord. No. 386]
A. 
This definition includes family guests, exchange students, visitors, medical caregivers, and child caregivers, any person living within a household on a permanent basis, and any other individual related by blood or affinity whose close association is the equivalent of a family relationship.
FARMER'S MARKET
A market usually held out-of-doors where farmers can sell produce, plants, prepared food, crafts, and similar items to the public.
FENCE
A vertical barrier constructed for the purpose of enclosing space or separating lots.
FINANCIAL INSTITUTION
Commercial establishments such as banks, credit agencies, investment companies, brokers, and dealers of securities and commodities, security and commodities exchanges, and insurance agencies.
FLOODPLAIN
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.
FLOODWAY
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.
FLOOR AREA, GROSS
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.
FLOOR AREA, RESIDENTIAL
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.
FOSTER CARE FAMILY HOME
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
FOSTER CARE GROUP HOME
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.
FUNERAL HOME
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.
GARAGE
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.
GRADE, FINISHED
A final elevation of the ground level after development.
GRADE, MEAN
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).
GREENBELT
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.
HAZARDOUS SUBSTANCES
One or more of the following:
A. 
A chemical, toxic substance, or other material which is or may become injurious to the public health, safety, or welfare or to the environment.
B. 
"Hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980.[1]
C. 
"Hazardous waste" as defined in Article II, Chapter 3, Part 111 of P.A. 451 of 1994, as amended, being the Hazardous Waste Management part of the Natural Resources and Environmental Protection Act.[2]
D. 
"Petroleum" as defined in Article II, Chapter 8, Part 213 of P.A. 451 of 1994, as amended, being the Leaking Underground Storage Tanks part of the Natural Resources and Environmental Protection Act.[3]
HOME OCCUPATION
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.
HOTEL
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.
[1]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[2]
Editor's Note: See MCLA § 324.11101 et seq.
[3]
Editor's Note: See MCLA § 324.21301a et seq.
IMPERVIOUS SURFACE
Any material that prevents the absorption of stormwater into the ground.
INDOOR RECREATION FACILITY
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.
LAND DIVISION
A land division as defined in the Land Division Act of the State of Michigan, being Public Act 288 of 1967,[1] as amended.
LIBRARY
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.
LIVE/WORK
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.
LOADING SPACE
An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT
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.
LOT AREA
The total horizontal area within the lot lines of a lot.
LOT COVERAGE
A part or percent of a lot occupied by buildings or structures, including accessory buildings and structures.
LOT DEPTH
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.
LOT LINES
A. 
The lines bounding a lot as defined herein:
(1) 
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).
(2) 
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).
(3) 
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.
B. 
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:
(1) 
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.
(2) 
Location and effect of vegetation, water, or other natural features affecting location of buildings or structures on the lot in question.
(3) 
Traffic patterns and volumes on each street.
LOT OF RECORD
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.
LOT WIDTH
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).
LOT, CORNER
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).
LOT, WATERFRONT
A lot or parcel that has frontage on the Grand River, Spring Lake, or another navigable body of water (Figure 390-7.12B).
[1]
Editor's Note: See MCLA § 560.101 et seq.
MANUFACTURED HOME
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.
MARIHUANA (ALSO KNOWN AS MARIJUANA, ALSO KNOWN AS CANNABIS)
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.
MARINA
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.
MASTER PLAN
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.
MEDICAL CLINIC
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]
MEDICAL USE OF MARIHUANA
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.
MICROBREWERY
An establishment licensed by the State of Michigan to manufacture beer in accord with Section 109 of Act 58 of 1998 [MCL § 436.1109(5)], as amended. A microbrewery may also include retail sales, and/or a restaurant, bar, or tasting room.
[Added 5-15-2023 by Ord. No. 383]
MOTEL
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.
MULTI-TENANT COMMERCIAL ESTABLISHMENT
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.
MUNICIPAL USES – UTILITIES
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.
[1]
Editor's Note: See 42 U.S.C.A. §§ 5401 to 5424, 5426.
[2]
Editor's Note: See MCLA § 333.26421 et seq.
NATURAL FEATURE
Physical characteristics of the subject property that are not man-made, such as woodlands, wetlands, or streams.
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
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.
NURSING HOME
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.
OFF-STREET PARKING LOT
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.
OFFICE BUILDING
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.
OPEN AIR BUSINESS
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.
OPEN SPACE
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.
ORDINARY HIGH WATER MARK
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.
OUTDOOR DINING
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.
PARAPET ARTICULATION
A low wall or railing with architectural design which projects above the roof line (Figure 390-7.16).
PARK or PARKLAND
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.
PARKING LOT
See "off-street parking lot."
PARKING SPACE
An area of definite length and width, exclusive of drives, aisles, or entrances giving access thereto, and fully accessible for the parking of vehicles.
PATIO
A level, landscaped, and/or surfaced area at or within seven inches of the finished grade and not covered by a permanent roof.
PERSONAL SERVICE ESTABLISHMENT
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.
PET
See "domesticated animal."
PLACE OF PUBLIC ASSEMBLY
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.
A. 
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.
B. 
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.
PLANNED UNIT DEVELOPMENT
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.
POND, DETENTION
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.
POND, RETENTION
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.
PORCH
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.
PRIMARY CAREGIVER
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.
PRINCIPAL BUILDING
A building in which is conducted the principal or main use of the lot on which it is located.
PRINCIPAL USE
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.
PRIVATE ROAD
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.
PROFESSIONAL SERVICE ESTABLISHMENT
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.
PUBLIC PLACE
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.
RECREATIONAL VEHICLE or RV
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.
RENT or RENTAL
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.
RESIDENTIAL ABOVE RETAIL OR OFFICE
A mixture of land uses in which dwelling units are located on floors or stories above retail businesses or office uses.
RESTAURANT
An establishment selling food and drink for consumption on the premises. Examples include restaurants, brewpubs, coffee houses, bakeries, lunch counters, refreshment stands, and similar facilities selling prepared foods and drinks for immediate on- or off-site consumption, or for take-out.
[Amended 5-15-2023 by Ord. No. 383]
RESTAURANTS WITH ASSEMBLY OPERATIONS
Restaurants containing microbreweries, small distilleries, or small wineries as an assembly operation.
[Added 5-15-2023 by Ord. No. 383]
RETAIL BUSINESS
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.
RETAINING WALL
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.
RIGHT-OF-WAY
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.
[Amended 1-16-2023 by Ord. No. 382; 7-21-2025 by Ord. No. 397]
SCREEN
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.
SENIOR ASSISTED LIVING FACILITY
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.
SENSITIVE AREA
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.
SETBACK
The measurement from the property line to the nearest point of the main wall of the building or structure, subject to certain yard encroachments.
SETBACK, WATERFRONT
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.
SEXUALLY ORIENTED BUSINESS
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.
SHELTERED HOUSING
A community service facility offering temporary refuge for persons in domestic transition living together as a group of individuals or families.
SHORT-TERM RENTAL
The rental or subletting of any dwelling for a term of less than 28 days. This 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, other health-care related clinic, or housing for farm labor.
SIDEWALK
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.
SIGN
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:
A. 
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.
B. 
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).
C. 
(Reserved)
D. 
ELECTRONIC MESSAGE BOARDA sign on which a fixed or changing display/message composed of a series of lights may be changed through electronic means.
E. 
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.
F. 
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.
G. 
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.
H. 
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).
I. 
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.
J. 
ILLEGAL SIGNA sign which does not meet the requirements of this chapter and which does not have a legal nonconforming status.
K. 
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).
L. 
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.
M. 
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).
N. 
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).
O. 
ROOF SIGNA sign attached to and projecting from the roof surface of a building (Figure 390-7.19A).
P. 
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.
Q. 
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.
R. 
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.
S. 
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).
T. 
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.
U. 
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).
V. 
YARD SIGNA sign of relatively impermanent construction, intended for temporary use, manually placed in a yard.
SIGN AREA
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).
SITE CONDOMINIUM
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.
SITE PLAN
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.
STORY
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).
STORY, HALF
The highest story under a sloping roof where the line of intersection of roof decking and wall is not more than three feet above the top floor level, and where the usable gross floor area (with a ceiling height of at least five feet) is not more than 50% of the gross floor area of the story directly below it.
STREET
A dedicated public right-of-way, other than an alley, which affords the principal means of access to abutting property.
A. 
LOCALA street of limited continuity used primarily for access to abutting residential properties.
B. 
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.
STRUCTURE
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.
SUBSTANTIAL CONSTRUCTION
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.
SWIMMING POOL
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.
VARIANCE
Permission granted by the Zoning Board of Appeals pursuant to Article XIX to depart from the literal requirements of this chapter.
VEHICLE
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.
VETERINARY HOSPITAL
A facility where animals are given medical care and the boarding of animals is limited to short-term care incidental to the clinic use.
VIEWSHED
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.
[Amended 5-15-2023 by Ord. No. 383; 7-21-2025 by Ord. No. 397]
WALL, OBSCURING
A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
WALL, RETAINING
An outdoor wall designed to prevent soil collapse, soil erosion, or otherwise retain the grade of the land behind and/or above it.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WATERFRONT DEVELOPMENT
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.
WETLAND
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.
WHOLESALE FACILITY
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.
WINEMAKER, SMALL (SMALL WINERY)
An establishment that manufactures wine licensed in accord with Section 111 of Act 58 of 1998 [MCL § 436.1111(11)], as amended. A small wine maker may also include retail sales, and/or a restaurant, bar, or tasting room.
YARDS
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.
A. 
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).
B. 
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).
C. 
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).
D. 
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).