The following rules shall apply to the text and language of this chapter:
A.
The particular shall control the general.
B.
In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.
C.
The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
D.
Words used in the present tense shall include the future, words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.
E.
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
F.
Any word or term not defined herein shall be used with a meaning of common or standard utilization.
For the purpose of this chapter, certain words and terms are herewith defined.
A supplementary building or structure on the same lot or parcel of land as the principal building, occupied by or devoted exclusively to an accessory use.
A use reasonably and customarily incidental and subordinate to the principal use of the premises.
A governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCLA § 400.701 et seq.; MSA 16.610(61) et seq., as amended. The following additional definitions are provided:
ADULT FOSTER CARE FAMILY HOMEA private residence with the approved capacity to receive six or fewer adults to be provided with foster care for 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 residence.
ADULT FOSTER CARE SMALL GROUP HOMEA facility with the approved capacity to receive 12 or fewer 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 for compensation.
ADULT FOSTER CARE MEDIUM GROUP HOMEA facility with the approved capacity to receive between seven and 12 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 for compensation.
ADULT FOSTER CARE LARGE GROUP HOMEA facility with 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 for compensation.
ADULT FOSTER CARE CONGREGATE FACILITYAn adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.
An establishment which draws its customers from one or more classes of the public, including, but not limited to the following:
ADULT BOOKSTOREAn establishment which has a substantial or significant portion of its stock-in-trade sexually explicit verbal material. "Sexually explicit verbal material" is defined as a book, pamphlet, magazine, video, movie, printed matter reproduced in any manner, or sound recording that contains an explicit and detailed verbal description or narrative account of sexually explicit activity.
ADULT CABARETAn establishment whose principal activity is the conducting or presenting of any sexually explicit performance. "Sexually explicit performance" is defined as a motion picture, video, digital presentation, exhibition, show, representation, or other presentation that, in whole or in part, depicts sexually explicit activity.
ADULT VIDEO/MOTION-PICTURE THEATERAn establishment which, as its principal activity, presents or offers for sale or rents any sexually explicit visual material. "Sexually explicit visual material" is defined as a picture, photograph, drawing, sculpture, motion-picture film, or similar visual representation that depicts sexually explicit activity, or a book, magazine, or pamphlet that contains such a visual representation. An undeveloped photograph, mold or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
ADULT RETAIL STOREAn establishment which has a substantial or significant portion of its stock-in-trade in items used or advertised as sexually explicit entertainment gimmicks, novelties, paraphernalia, any sexually explicit matter or any combination thereof. "Sexually explicit matter" is defined as any sexually explicit verbal material, sexually explicit visual material, or sexually explicit performance.
BODY PAINTING or NUDE MODELING STUDIOAny building, structure, premises or part thereof used primarily as a place which offers as its principal activity the providing of models to exhibit, display or perform any sexually explicit performance for a fee, or which provides the services of body painting of the human body in conjunction with any sexually explicit activity.
SEXUALLY EXPLICIT ACTIVITYAny presentation, exhibition, narrative, show, representation, depiction, or other description of any of the following:
EROTIC FONDLINGThe touching of a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.
NUDITYThe showing of the male or female genitals, pubic area, vulva, anus, the showing of the female breast with less than a fully opaque covering of any part of the nipple, the showing of the covered male genitals in a discernibly turgid state or any lewd display of the human male or female genitals or pubic area.
SADOMASOCHISTIC ABUSEEither of the following:
Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing costume; or
The condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing costume.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL INTERCOURSEIntercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal; or any intrusion, however slight, into the genital or anal openings of another's body.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
PAWNBROKERAny person, corporation or member or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable things, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.
PAWNSHOPAny location where a pawnbroker conducts business.
TATTOO, BODY PIERCING, BRANDING PARLORAn establishment which provides external body modification, through the application of a tattoo, body-piercing, or branding.
BODY PIERCINGThe perforation of human tissue other than an ear for a nonmedical purpose.
BRANDINGA permanent mark made on human tissue by burning with a hot iron or other instrument.
TATTOOAn indelible mark made upon the body of another individual by the insertion of a pigment under the skin or an indelible design made upon the body of another by production of scars other than by branding.
Any dedicated public way other than a street, providing a secondary means of access to a property.
Unless specifically indicated otherwise, "automobile" shall mean any vehicle, including, by way of example, cars, trucks, vans, motorcycles, and the like.
A building or premises used primarily for the sale of new or used automobiles.
A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate additional uses as permitted and regulated by this chapter.
An enclosed building where the following services may be carried out: general repairs, engine rebuilding, reconditioning of motor vehicles; collision services, such as frame or fender straightening and repair; painting and undercoating of automobiles; and similar repair activities.
A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles, including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass) and the servicing of and minor repair of automobiles.
A building, or portion thereof, the primary purpose of which is the washing of vehicles either by automatic or self-service means.
AUTOMATIC WASHAny facility, its structures, accessory uses, or paved areas used wholly or partly to wash, clean and dry the exterior of automobiles, using conveyors to move the vehicle, or equipment that moves over or around the vehicle, or other automated equipment intended to mechanically wash such vehicles.
SELF-SERVICE WASHAny facility, its structures, accessory uses or paved areas used wholly or partly to wash, clean and dry the exterior of automobiles using hand-held equipment.
A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.
A facility for the production and broadcasting of television, radio, or internet programs and similar products, or the recording of music, including, but not limited to, sound stages, sets, recording and broadcasting studios, production facilities, and administrative offices.
[Added 1-24-2011 by Ord. No. 2011-01]
A structure having a roof supported by columns or walls.
The horizontal area measured from the outside of the exterior wall of the ground floor of all principal and accessory buildings on the lot, including all covered porches.
The currently adopted code or codes regulating building construction in the City of Royal Oak.
The vertical distance measured from the finished grade level to the roof surface as follows: 1) the top of the roof for flat roofs, 2) the deck lines for a mansard roof and 3) the average height of the highest roof peak as measured between the eaves and ridge of a gable, hip and gambrel roof, including dormer additions. Where the building may be situated on sloping terrain, this height shall be measured from the average level of the finished grade at the building wall. (See Figure 2.[2])
The administrative official designated by the City Commission to enforce the Building Code.
A private home or residence which is used for any of the following categories of foster care:
CHILD FOSTER FAMILY HOMEA private home or residence, other than a hospital, hotel, or motel, and which is licensed by the State of Michigan as a full-time foster family home pursuant to Public Act 116 of 1973[4] for one but not more than four minor children who are unrelated to the other occupants thereof and are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, and unattended by parent or legal guardian, by or under the supervision of the licensee under said state law, who is a resident of the facility.
CHILD FOSTER FAMILY GROUP HOMEA private home or residence, other than a hospital, hotel, or motel, and which is licensed by the State of Michigan as a full-time foster family group home pursuant to Public Act 116 of 1973[5] for more than four but less than seven minor children who are unrelated to the other occupants thereof and are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, and unattended by a parent or legal guardian, by or under the supervision of the licensee under said state law, who is a resident of the facility.
An indoor establishment or area within an indoor establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere, or as otherwise defined in the Dr. Ron Davis Smoke-Free Air Law, Michigan Public Act 188 of 2009.[6]
[Added 10-1-2012 by Ord. No. 2012-15]
A building or portion thereof providing diagnostic, therapeutic, or preventive medical care, surgical or invasive procedures not requiring inpatient admission, and/or emergency or urgent care to ambulatory patients on an outpatient basis only, including customary laboratories and pharmacies incidental or necessary to its operation or the service of its patients, but without facilities for inpatient care or surgical procedures that require inpatient admission.
[Added 10-1-2012 by Ord. No. 2012-16]
A state-licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform to and qualify for license under state law even though state law has different size regulations.
The following definitions shall apply in the construction and application of this chapter:
FAMILY DAY-CARE HOME, CHILDA private residence in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
GROUP DAY-CARE HOME, CHILDA private residence in which seven but not more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
DAY-CARE CENTER, CHILDA facility, other than a private residence, receiving one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
DAY-CARE, ADULTA facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.
The number of dwelling units per gross acre of land.
The granting of the allowance of additional density in a development as regulated by this chapter.
A portion of the City within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.
An establishment that dispenses products or services to patrons who remain in vehicles.
A passageway (primarily for use by vehicles) over private property, leading from a street or other public way to a garage or parking area. A horseshoe-shape drive or a T-shape drive located within a front yard is included within this definition.
A building or portion thereof which is used exclusively as a residence, and containing no less than a kitchen, bathroom and bedroom/living quarters. The following additional definitions are provided:
DWELLING, MULTIPLE-FAMILYA building consisting of three or more dwellings.
DWELLING, SINGLE-FAMILY DETACHEDA detached building designed for, or occupied exclusively by, one family.
DWELLING, SINGLE-FAMILY ATTACHEDAn attached building consisting of no more than eight dwelling units, each with individual entries and designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYA building consisting of two dwellings.
SITE-BUILT DWELLINGA structure constructed in accordance with the Michigan State Construction Code as promulgated by the Michigan State Construction Code Commission under the provisions of 1972, PA 230, as amended,[7] in which elementary building materials and parts are transported to the building site where they are used to construct the total dwelling unit, including its major individual components and systems.
MANUFACTURED DWELLINGA structure constructed in accordance with Michigan State Construction Code, as promulgated by the Michigan State Construction Code Commission under the provisions of 1972, PA 230, as amended,[8] in which individual components, none of which in and of itself is suitable for occupancy, are preconstructed and transported to the building site where they are in need of further assembly in order to constitute a complete dwelling ready for occupancy.
The right of an owner of property, by reason of such ownership, to use the property of another for purposes of ingress, egress, utilities, drainage and similar uses.
A billboard or off-premises sign, or portion thereof, that can be electronically changed by remote or automatic means, or that appears to change or have movement caused by any method other than manually removing and replacing the billboard or its components, whether the apparent movement or change is in the display, the billboard's structure, or any other component of the billboard. This includes any video display, revolving, flashing, or animated displays, and displays that incorporate rotating or swinging panels, intermittent illumination or the illusion of such illumination, light-emitting diodes (LEDs) manipulated through digital input, "digital ink," or any other method or technology that allows the billboard face to present a series of images.
[Added 3-16-2015 by Ord. No. 2015-07]
Services that are erected, constructed, altered, or maintained by public utilities or municipal agencies of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, poles, and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities or municipal agencies.
A family shall mean either of the following:
A domestic family, that is one or more persons living together and related by the bonds of consanguinity, marriage or adoption, together with servants of the principal occupants and not more than two additional unrelated persons, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.
The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single, nonprofit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be rebuttable presumption enforceable by the Zoning Administrator in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to four. Such presumption may be rebutted by application to the Plan Commission for a special land use based upon the applicable standards in this chapter.
Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding, however:
Any pneumatic gun, spring gun, or BB gun which expels a single globular projectile not exceeding 0.18 inch in diameter.
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission.
Any device used exclusively for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.
Model rockets designed to propel a model vehicle in a vertical direction.
The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.
[Amended 5-20-2013 by Ord. No. 2013-08]
In the case of residential uses, "usable floor area" is defined as the sum of the gross horizontal areas of each story, floor or level of a building measured from the exterior faces of the exterior walls without deduction for interior walls, closets, stairways, openings to lower floors, mechanical or utility rooms, or shafts at any level, excluding areas of unfinished attics, breezeways, basements, and unenclosed porches and areas within the building utilized for the required off-street parking spaces.
[Amended 4-21-2014 by Ord. No. 2014-04]
Nonresidential uses.
In the case of nonresidential uses, "usable floor area" is defined as the sum of the gross horizontal areas of each story, floor or level of a building measured from the exterior faces of the exterior walls without deduction for interior walls, closets or shafts at any level, but excluding the following: common or multitenant hallways; stairways, stairwells, and elevator shafts; toilet rooms; mechanical equipment rooms; vaults; walk-in coolers and freezers; dressing or changing rooms; locker rooms; employee lounges or break rooms; demonstration rooms; and other similar areas not utilized for continuous occupancy, as determined by the Zoning Administrator.
In determining "usable floor area" for nonresidential uses, portions of each story, floor or level of a building may be divided into their separate and respective uses (sales, services, manufacturing, offices, storage, etc.) when calculating required off-street parking, as determined necessary by the Zoning Administrator.
In the absence of floor plans or other detailed documentation, "usable floor area" for nonresidential uses may be calculated as a percentage of not less than 80% of the sum of the gross horizontal areas of each story, floor or level of a building measured from the exterior faces of the exterior walls without deduction for interior walls, closets or shafts at any level, as determined necessary by the Zoning Administrator.
The unit of illumination when the foot is the unit of length.
A space or structure or series of structures for the temporary storage or parking of motor vehicles.
An accessory building or portion of a main building designed or used primarily for the storage of motor-driven vehicles, boats, house trailers, and similar vehicles owned and used by the occupants of the building to which it is accessory.
An area of land managed and maintained by an individual or a group of individuals, and owned and operated in trust by the City, another governmental entity or a recognized nonprofit organization to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, donation, or sale, either through cooperative shares, a publically owned and operated farmers' market or directly to local grocers and restaurants. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
[Added 4-19-2010 by Ord. No. 2010-04]
An area of land managed and maintained by the owner or occupant of a dwelling to grow and harvest food crops for personal use, consumption or donation. The growing of non-food, ornamental crops, such as flowers or other decorative plants, by the owner or occupant of a dwelling shall not be considered a domestic garden.
[Added 4-19-2010 by Ord. No. 2010-04]
An area of land managed and maintained by a business, an individual or group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for sale, use or consumption by the business, individual or group.
[Added 4-19-2010 by Ord. No. 2010-04]
The degree of rise or descent of a sloping surface.
The final elevation of the ground surface after development.
An accessory structure for a domestic, community or market garden constructed chiefly of glass, glass-like translucent material, plastic, fiberglass, cloth or lath, which is devoted to the protection or cultivation of food crops and/or non-food, ornamental crops, such as flowers, or other plants; including any hoop-house structure made of pipes or other material covered with translucent plastic, constructed in a half-round or hoop shape; or any unheated cold-frame structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.
[Added 4-19-2010 by Ord. No. 2010-04]
Any place, premises, room, building, or part thereof, from which there is conducted the retail sale, repairing or renting of firearms, or the sale of ammunition therefor;
Any place, premises, room, building, or part thereof, from which there is conducted the wholesale sale of firearms, and which also includes within the place, premises, room, building, or part thereof, the storage of firearms or ammunition.
An occupation, profession, activity, or use that is clearly a customary incidental use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
A building or group of buildings providing diagnostic, therapeutic, or preventive medical care, surgical procedures, trauma centers, emergency and urgent care, and other health care services to patients on primarily an inpatient basis, including such related facilities as laboratories, outpatient departments, training facilities, staff offices and residences, central services facilities, gift shops, pharmacies, and restaurants.
[Added 10-1-2012 by Ord. No. 2012-16]
A building or group of buildings containing rooms designed to provide transient lodging for compensation for periods of 30 days or less, with one or more common entrances for each building(s) serving all lodging units, where each lodging unit is accessed from interior lobbies, courts, or halls within the building(s), and in which building(s) there is a general kitchen and dining room for the accommodation of the occupants.
[Amended 10-1-2012 by Ord. No. 2012-13]
Any place or premises where dogs, cats, or other domestic pets are boarded, bred, or cared for for a twenty-four-hour period in return for remuneration, or are kept for the purpose of sale. "Kennel" shall also mean the keeping of four or more pets over the age of four months.
The following definitions shall apply in the construction and application of this chapter:
[Amended 2-12-2018 by Ord. No. 2018-02]
CALIPERThe diameter of a deciduous tree's perennial trunk measured at 12 inches above the existing grade.
CONFLICTING NONRESIDENTIAL ZONESAny nonresidential zone which abuts a residential zone. (See Figure 5.[11])
CONFLICTING RESIDENTIAL ZONESAny residential zone designated at a higher density (greater units per acre) or greater bulk (increased lot coverage) which abuts a residential zone designated at a lower density. (See Figure 5.[12])
DIAMETER AT BREAST HEIGHTThe diameter of a deciduous tree's perennial trunk measured at 4 1/2 feet above the existing grade.
DRIP LINEAn imaginary vertical line that extends downward from the outermost tips of a tree's branches or stems to the ground.
OPACITYThe state of being impervious to sight.
PLANT MATERIALA collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.
SHRUBA woody plant of up to six feet in height with several erect, spreading, or prostrate stems and a general bushy appearance.
TREE, DECIDUOUSA woody plant with an erect perennial trunk, a height of greater than six feet at maturity, and exhibiting a more or less definite crown of leaves or other foliage that is shed on a seasonal basis.
TREE, EVERGREENA woody plant with an erect perennial trunk, a height of greater than six feet at maturity, and several erect, spreading or prostrate stems that retain their foliage throughout the year.
An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.
A parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public street, or on an approved private street, and may consist of a single lot of record; a portion of a lot of record; any combination of complete and/or portions of lots of record; or a parcel of land described by metes and bounds. (See Figure 7.[14]) Two or more contiguous lots under the same ownership shall be considered a lot for purposes of this chapter. The following additional definitions are provided:
LOT, CORNERA lot with frontage on two intersecting streets. The narrower lot frontage shall be considered the front in determining building siting and side and rear yard setbacks.
LOT, THROUGH or DOUBLE FRONTAGEA lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front.
LOT, INTERIORA lot other than a corner lot with only one lot line fronting on a street.
The total horizontal area within the lot lines of a lot, but excluding that portion within a street right-of-way.
The percentage of the lot area covered by the building area.
The mean horizontal distance from the front line to the rear lot line.
Any line dividing one lot from another or from a public right-of-way, and thus constitutes the property lines bounding a lot.
A lot, the dimensions of which are shown on a subdivision plat recorded in the office of the Register of Deeds for Oakland County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designated by the State of Michigan, and said description so recorded with the Register of Deeds.
The required horizontal distance between the side lot lines measured at the two points where the required front yard setback line intersects the side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to 80% of the required lot width.
The use of land, buildings or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, finishing, treating, altering, repairing, fabricating or adapting for sale of any goods, substance, article, thing or service.
As defined in Chapter 435, Marihuana, Article I, Recreational Marihuana Establishments, including, but not limited to, the following: designated consumption establishment; event organizer; excess grower; grower; microbusiness; processor; retailer; safety compliance facility; secure transporter; and temporary event.
[Added 7-27-2020 by Ord. No. 2020-07]
As defined in Chapter 447, Massage Establishments, as amended.
Any place, premises, room or establishment in which:
Any machine which, upon the insertion of a coin, slug, token, plate or disc, or the payment of a price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball machines, mechanical grab machines, coin-operated motion-picture machines, shuffle board game machines or devices, whether played with discs, weights, pucks, or balls, and all games, operations or transactions similar thereto under whatever name they may be indicated, and whether operated by hand or electric power, or a combination thereof.
An intermediate floor in any story occupying but not to exceed more than 1/3 of the floor area of such story.
A detached portable single-family dwelling, prefabricated on its own chassis and intended for long-term occupancy. The unit contains sleeping accommodations, a flush toilet, a wash basin, a tub or shower, eating and living quarters. It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.
Any parcel of land intended and designed to accommodate more than one mobile home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to that living use.
A building or group of buildings of rental units, in which each rental unit contains a bedroom and a bathroom, designed to provide transient lodging for compensation for periods of 30 days or less, where any number of lodging units may be accessed from a direct, independent entrance, and/or where off-street parking is provided directly adjoining any unit, provided that provision for cooking may be made in no more than 10% of the individual rooms or units within a building.
[Amended 10-1-2012 by Ord. No. 2012-13]
A facility for the production of motion pictures, television programs, and similar products, including, but not limited to, sound stages, sets, cafeterias, production studios and facilities, research and development operations, training or education areas, and administrative offices.
[Added 1-24-2011 by Ord. No. 2011-01]
A facility intended to provide a transfer station for multiple modes of transportation, including but not limited to buses, trains, cabs, and cars.
A nonconforming building is a building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions of this chapter in the zoning district in which it is located.
A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
A building or portion thereof used for general administrative offices of any of the following occupations: executive, administrative, or professional; accounting or financial management; writing, clerical, or stenographic; data processing and computer centers; design; sales; architectural and engineering; federal, state and local administration; and similar professions. Business, administrative, and professional offices shall not include medical offices, outpatient medical clinics, hospitals, veterinary hospitals, or automotive brokers and wholesalers.
[Added 10-1-2012 by Ord. No. 2012-16]
A building or portion thereof providing diagnostic, therapeutic, or preventive medical, osteopathic, chiropractic, dental, psychological and similar or related treatment by a practitioner or group of practitioners licensed to perform such services to ambulatory patients on an outpatient basis only, but without facilities for inpatient care, major surgical procedures, or emergency and urgent care.
[Added 10-1-2012 by Ord. No. 2012-16]
A hard-surfaced 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 automobiles.
A tract of land other than a street, designed and used for the parking or storage of motor vehicles, for the use of occupants, employees and patrons of the building or premises to which it is accessory.
A tract of land, other than an accessory parking lot or a street, used for the parking or storage of motor vehicles for general public use, either free or for remuneration.
One unit of a parking area provided for the parking of one vehicle, and shall be exclusive of driveways, aisles, or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
A surface material for parking lots, maneuvering aisles, driveways, loading areas, sidewalks, pedestrian pathways, and other areas which prevents the infiltration of surface water, including, but not limited to, asphalt, concrete, brick, stone, or similar materials.
[Added 10-14-2019 by Ord. No. 2019-11]
A surface material for parking lots, maneuvering aisles, driveways, loading areas, sidewalks, pedestrian pathways, and other areas which allows the infiltration, treatment, and/or storage of surface water, including, but not limited to, porous asphalt, pervious concrete, permeable interlocking pavers, reinforced turf, or similar materials.
[Added 10-14-2019 by Ord. No. 2019-11]
A covered or uncovered floor, deck or platform at the entrance to a building, the height of which is eight inches or more above the average grade.
The main building or structure in which the primary use is conducted.
Any person, firm, corporation, or municipal agency authorized under federal, state, county or municipal regulations to furnish electricity, gas, transportation, water, or sewer services.
A motor vehicle (or trailer to be towed by a motor vehicle) constructed or altered to provide living quarters, including permanently installed cooking and sleeping facilities, and is used for recreation, camping, or other noncommercial use.
A facility which recovers resources, such as newspapers, glassware, and metal cans, and collects, stores, flattens, crushes, or bundles, essentially by hand, and within a completely enclosed building.
Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast-food, standard restaurant, or bar/lounge, or combination thereof, as defined below:
RESTAURANT, CARRY-OUTA restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
RESTAURANT, DRIVE-INA restaurant whose primary business is serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the structure.
RESTAURANT, FAST-FOODA restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside or outside of the structure, for consumption off the premises, but not in a motor vehicle at the site.
RESTAURANT, STANDARDA restaurant whose method of operation involves either:
BAR or LOUNGEA type of restaurant which is operated primarily for the dispensing of alcoholic beverages although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
A commercial enterprise devoted in whole or in part to the sale, rental, and/or servicing of goods or commodities, where such goods or commodities are available for immediate purchase and removal from the premises by the purchaser.
[Added 5-20-2013 by Ord. No. 2013-08]
A retail establishment with 100,000 square feet or more of gross floor area, with or without limited and/or separate accessory uses within the same building.
[Added 5-20-2013 by Ord. No. 2013-08]
A legal right of passage over real property typically associated with roads and railroads.
A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers to be leased or owned for the storage of customer's goods or wares.
A building or group of buildings containing dwellings intended to be occupied by elderly persons, as defined by the Federal Fair Housing Act, as amended. Housing for the elderly may include independent and/or assisted living arrangements but shall not include nursing or convalescent homes regulated by the State of Michigan. Independent and assisted living housing are defined as follows:
SENIOR INDEPENDENT LIVINGHousing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.
SENIOR ASSISTED LIVINGHousing that provides twenty-four-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.
Three or more commercial establishments with a total gross floor area of more than 10,000 square feet, planned, developed, owned, managed, and functioning as a single property or unit, with off-street parking provided on the property.
[Amended 5-20-2013 by Ord. No. 2013-08]
A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. The following additional definitions are provided:
CONDOMINIUM ACTAct 59, Public Acts of 1978, as amended.[16])
CONDOMINIUM DOCUMENTSThe master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
CONDOMINIUM LOTThe condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended.[17]
CONDOMINIUM UNITThe portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
GENERAL COMMON ELEMENTSThe common elements other than the limited common elements.
LIMITED COMMON ELEMENTSA portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
MASTER DEEDThe condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by the Condominium Act.
An indoor establishment or area within an indoor establishment primarily used for the smoking of tobacco, tobacco products, cigars, or cigarettes, and/or the use of smoking paraphernalia, whether purchased or leased on the premises or elsewhere, where the more substantial and significant portion of the establishment's stock-in-trade and gross floor area is dedicated to smoking and/or the use of smoking paraphernalia instead of the retail sale of tobacco, tobacco products, cigars, cigarettes, smoking paraphernalia, and other related items, and such retail sales are reasonably and customarily incidental and subordinate to smoking and/or the use of smoking paraphernalia. A "smoking lounge" shall have a valid exemption certificate from the Michigan Department of Community Health for a "tobacco specialty retail store," comply with all required standards of the Dr. Ron Davis Smoke-Free Air Law, Michigan Public Act 188 of 2009,[18] and not be included as part of any outdoor cafe or outdoor dining area.
[Added 10-1-2012 by Ord. No. 2012-15]
An aggregation of parts including any base, mounts, tower, solar collectors, and accessory equipment such as utility interconnections and solar storage batteries, etc., in such configuration as necessary to convert solar radiation into thermal, chemical or electrical energy. The following additional definitions are provided:
[Added 6-15-2009 by Ord. No. 2009-06]
SOLAR COLLECTORA photovoltaic cell, panel or array, or a heated air or water collection device, which relies upon solar radiation as an energy source for the generation of thermal, chemical or electrical energy, i.e., solar cells or solar panels.
SOLAR STORAGE BATTERYA device that stores energy from solar radiation and makes it available in the form of thermal, chemical or electrical energy.
A use which is subject to special approval by the Plan Commission. A special land use may be granted only when there is a specific provision in this chapter. A special land use is not considered to be a nonconforming use.
A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less, and occupies at least 40% of the total floor area of the story directly beneath.
The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or as a principal means of access to abutting property.
Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
Anything constructed or erected above ground level or which is permanently attached to something located on the ground.
Any structure used for living or sleeping purposes or for sheltering a public gathering constructed wholly or in part from canvas, tarpaulin, or other similar material, and shall include shelter provided for circuses, carnivals, side shows, revival meetings, camp meetings, and all similar meetings or exhibitions in temporary structures.
An indoor establishment primarily used for the retail sale of tobacco, tobacco products, cigars, cigarettes, smoking paraphernalia, and other related items. A "tobacconist" may include a "smoking lounge" as an accessory use, provided:
[Added 10-1-2012 by Ord. No. 2012-15]
The establishment has a valid exemption certificate from the Michigan Department of Community Health for a "tobacco specialty retail store" and complies with all required standards of the Dr. Ron Davis Smoke-Free Air Law, Michigan Public Act 188 of 2009;[20]
The smoking lounge is reasonably and customarily incidental and subordinate to the retail sale of tobacco, tobacco products, cigars, cigarettes, smoking paraphernalia, and other related items; and
The more substantial and significant portion of the establishment's stock-in-trade and gross floor area is dedicated to retail sales instead of a smoking lounge.
An indoor establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia, and in which the sale of other products is incidental, or as otherwise defined in the Dr. Ron Davis Smoke-Free Air Law, Michigan Public Act 188 of 2009.[21] A "tobacco specialty retail store" does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.
[Added 10-1-2012 by Ord. No. 2012-15]
A building used primarily for the storage of goods and materials.
An aggregation of parts including the base, tower, generator, turbine, rotor, blades, and accessory equipment such as utility interconnections and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill, or wind turbine. The following additional definitions are provided:
[Added 6-15-2009 by Ord. No. 2009-06]
ANEMOMETER TOWERAn aggregation of parts including the base, tower, anemometer or wind speed recorder, wind direction vanes, data logger, and accessory equipment such as any telemetry devices, etc., in such configuration as necessary to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
NACELLEThe component of a wind energy system that sits atop the tower and houses the turbine.
ROTORA multiple-bladed airfoil assembly of a wind energy system that extracts through rotation kinetic energy directly from the wind.
TOWERThe vertical component of a wind energy system that elevates the turbine, rotor and blades above the ground.
TURBINEThe component of a wind energy system that converts kinetic energy directly from the wind into mechanical or electrical energy, or the generator.
All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment, building and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities; short-wave facilities; ham, amateur radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this chapter, the following additional terms are defined:
[Amended 10-1-2012 by Ord. No. 2012-14]
ATTACHED WIRELESS COMMUNICATIONS FACILITIESWireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like, including distributed antenna systems (DAS) or small cells. A wireless communication support structure proposed to be newly established shall not be included within this definition.
[Amended 3-30-2020 by Ord. No. 2020-03]
WIRELESS COMMUNICATION SUPPORT STRUCTURESStructures designed, erected, or modified to support, or are capable of supporting, wireless communication equipment including antennas. Support structures within this definition include, but shall not be limited to, monopoles, self-supporting lattice towers, light poles, wood poles and guyed towers, water towers, utility poles, or buildings, or other structures which appear to be something other than a mere support structure.
CO-LOCATIONThe placement or installation of wireless communication equipment on an existing wireless communication support structure, tower, water tower, utility pole, building, or other structure, or within an existing wireless communication equipment compound, with the view toward reducing the overall number of wireless communication support structures required to support wireless communication antennas within the City.
[Amended 3-30-2020 by Ord. No. 2020-03]
WIRELESS COMMUNICATION EQUIPMENTThe set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
WIRELESS COMMUNICATION EQUIPMENT COMPOUNDAn area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
An open space on the same lot with a building, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot, except as otherwise provided herein; provided, however, that fences and walls may be permitted in any yard, subject to the height limitation as indicated herein and in the Building Code. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. In all cases, the front lot line shall be considered to be that portion of the lot which abuts a public road right-of-way or private road easement. (See Figure 3.[22])
A yard 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. In the case of a lot which comes to a point at the rear, the rear lot line shall be that imaginary line parallel to the front lot line, not less than 10 feet long, lying wholly within the lot and the farthest from the front lot line. (See Figure 3.[23])
A section of the City for which the regulations governing the height, area, use, structure, or size of buildings and premises are the same.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
Editor's Note: Figure 2 is included at the end of this chapter.
[3]
Editor's Note: Figure 3 is included at the end of this chapter.
[4]
Editor's Note: See MCLA § 722.111 et seq.
[5]
Editor's Note: See MCLA § 722.111 et seq.
[6]
Editor's Note: See MCLA § 333.12601 et seq.
[7]
Editor's Note: See MCLA § 125.1501 et seq.
[8]
Editor's Note: See MCLA § 125.1501 et seq.
[9]
Editor's Note: Figure 4 is included at the end of this chapter.
[10]
Editor's Note: Figure 4 is included at the end of this chapter.
[11]
Editor's Note: Figure 5 is included at the end of this chapter.
[12]
Editor's Note: Figure 5 is included at the end of this chapter.
[13]
Editor's Note: Figure 6 is included at the end of this chapter.
[14]
Editor's Note: Figure 7 is included at the end of this chapter.
[15]
Editor's Note: Figure 3 is included at the end of this chapter.
[16]
Editor's Note: See MCLA § 559.101 et seq.
[17]
Editor's Note: See MCLA § 560.101 et seq.
[18]
Editor's Note: See MCLA § 333.12601 et seq.
[19]
Editor's Note: Figure 8 is included at the end of this chapter.
[20]
Editor's Note: See MCLA § 333.12601 et seq.
[21]
Editor's Note: See MCLA § 333.12601 et seq.
[22]
Editor's Note: Figure 3 is included at the end of this chapter.
[23]
Editor's Note: Figure 3 is included at the end of this chapter.
[24]
Editor's Note: Figure 3 is included at the end of this chapter.
