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Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
The following rules of construction apply to the text 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 or illustration, 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 the singular, unless the context clearly indicates the contrary.
E. 
The word “building” includes the word “structure.” A building or structure includes any part thereof.
F. 
The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for.”
G. 
The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
H. 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or” or “either/or,” the conjunction shall be interpreted as follows:
(1) 
And. “And” indicates that all connected items, conditions, provisions, or events shall apply.
(2) 
Or. “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
(3) 
Either/or. “Either/or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
I. 
Terms not herein defined shall have the meanings customarily assigned to them.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE; ACCESSORY
A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces and loading) located on the same zoning lot as the principal use to which it is related. When “accessory” is used in the text, it shall have the same meaning as “accessory use.” An “accessory use” includes, but is not limited to, the following:
A. 
Swimming pools for use of the occupants of a residence, or their guests.
B. 
Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
C. 
Home occupations when carried on by the owner resident of the dwelling and when no physical or visual affects are observed beyond the walls of the residence.
D. 
A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.
E. 
Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
F. 
Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
G. 
Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
H. 
Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
I. 
Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
J. 
Boathouses used for the accessory storage of not more than two boats on any lot or parcel.
ALLEY
Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATIONS
Any change, addition, or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated acts of which may be referred to herein as “altered” or “reconstructed.”
APARTMENTS
The dwelling units in a multiple dwelling as defined herein:
A. 
EFFICIENCY APARTMENTA dwelling unit containing not over 500 square feet of floor area, and consisting of not more than one room in addition to kitchen, dining, and necessary sanitary facilities.
[Amended 1-7-2013 by Ord. No. 308]
B. 
ONE-BEDROOM UNITA dwelling unit containing a minimum floor area of at least 500 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining, and necessary sanitary facilities.
C. 
TWO-BEDROOM UNITA dwelling unit containing a minimum floor area of at least 700 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining, and necessary sanitary facilities.
D. 
THREE-OR-MORE-BEDROOM UNITA dwelling unit wherein, for each room in addition to the three rooms permitted in a two-bedroom unit, there shall be provided an additional area of 200 square feet to the minimum floor area of 700 square feet. For the purpose of computing density, a three-bedroom unit shall be considered as a four-room unit, and each increase in a bedroom over three shall be an increase in the room count by one over the four.
AUTOMOBILE REPAIR, GENERAL
Includes engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.
AUTOMOBILE REPAIR, LIGHT
Includes repair or replacement of automotive components for maintenance purposes; such as tires, mufflers, glass, etc. This does not include any item described by the definition of “general automotive repair.”
AUTOMOBILE SERVICE STATION
A space, building or structure designed or used for the retail sales or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles.
BASEMENT
That portion of a building between the floor and ceiling, which is partly below and partly above ground level, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be considered as a story.
BED-AND-BREAKFAST
A secondary use which is subordinate to a one-family dwelling unit in which transient guests are provided sleeping room and board in return for payment.[1]
BLOCK
The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream or between any of the foregoing and other barrier to the continuity of development, or corporate boundary lines of the Township.
BOARDINGHOUSE
A dwelling in which lodging or meals, or both, are furnished to guests for compensation.
BOAT DOCK
An unenclosed area that may or may not have a roof, designed to serve as a mooring place for watercraft.
BOAT HOIST
An unenclosed apparatus for lifting watercraft.
BOATHOUSE
A house or shed for sheltering one or more boats.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. This shall include vehicles situated on private property and used for the purpose of a building and tents and awnings used for other than recreational purposes.
[Amended 10-20-2003 by Ord. No. 280]
BUILDING ENVELOPE
The area defined by lines drawn parallel to the front, rear, and side area lines, at a distance designated by the setback requirements of the zoning district and within which the main building shall be located.
BUILDING HEIGHT
The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
[Amended 1-7-2013 by Ord. No. 308]
BUILDING LINE
A line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.
CLINIC
An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professions.
CLUB
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.
CONDOMINIUM LOT
All areas bounded by the front yard area line, the rear yard area line and the side yard area lines.
CONVALESCENT OR NURSING HOME
A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
DAY CARE
A. 
CHILD DAY-CARE CENTERA facility other than a private residence receiving more than six preschool or school-age children for group care for periods of less than 24 hours a day and where the parents or guardians are not immediately available to the child.
B. 
FAMILY DAY-CARE HOMEA private home in which one to six minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A family day-care home includes one where care to an unrelated minor child occurs for more than four weeks during a calendar year.
C. 
GROUP DAY-CARE HOMEA private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A group day-care home includes one where care to an unrelated minor child occurs for more than four weeks during a calendar year.
DEVELOPMENT
The construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use.
DISTRICT
A portion of the unincorporated area of the Township within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVE-IN OR DRIVE-THROUGH
A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DWELLING
A. 
ONE-FAMILY DWELLINGA building designed exclusively for and occupied exclusively by one family.
B. 
TWO-FAMILY DWELLINGA building designed exclusively for occupancy by two families living independently of each other.
C. 
MULTIPLE-FAMILY DWELLINGA building or portion thereof, designed exclusively for occupancy by three or more families, living independently of each other.
DWELLING UNIT
A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
A. 
MANUFACTURED DWELLING UNITA dwelling unit, which is substantially built, constructed, assembled, and finished off the premises upon which it is intended to be located.
B. 
SITE-BUILT DWELLING UNITA dwelling unit, which is substantially built, constructed, assembled, and finished on the premises, which is intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of pre-cut materials, and panelized wall, roof, and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.
EAST CHINA CHARTER TOWNSHIP
Whenever in this chapter reference is made to the “municipality,” “East China Township” or the “Township,” it shall mean East China Charter Township.
ELDERLY HOUSING
A. 
DEPENDENTElderly housing provided in a multiple-family housing form with central dining facilities provided as a basic service to each unit.
B. 
INDEPENDENTElderly housing provided for in a multiple-family housing form with full facilities for self-sufficiency in each individual unit.
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 SERVICES
The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhanging electrical, steam fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare.
EXCAVATION
Any breaking of ground, except common household gardening and ground care.
FAMILY
A single individual or group of individuals living together whose relationship is of a continuing, nontransient, domestic character and who are cooking and living together as a single, housekeeping unit. This shall not include any society, club, fraternity, sorority, associate, lodge, coterie, organization, or other group whose relationship is of a profit motivated, transitory, or seasonal nature or for anticipated duration of school terms or other similar determinable periods.
FARM
The land, plants, animals, buildings, structures, including ponds used for agricultural or aquaculture activities, machinery, equipment, and other appurtenances used in farm operations and the commercial production of farm products.
[Amended 6-9-2021 by Ord. No. 320]
FARM OPERATION
The operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products.
[Amended 6-9-2021 by Ord. No. 320]
FARM PRODUCT
Those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, Cervidae, livestock, including breeding and grazing, equine, fish, and other aquaculture products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan Commission of Agriculture.
[Amended 6-9-2021 by Ord. No. 320]
FLOOR AREA
A. 
GROSS FLOOR AREAThe sum of the gross horizontal areas of several floors of a building or buildings, measured from the exterior faces of the exterior walls. In particular, floor area includes basement space, elevator shafts or stairwells; floor space for mechanical equipment, penthouses, balconies, mezzanines, enclosed porches, and accessory buildings; attic floor space (whether or not floors have been laid) providing structural headroom of seven feet six inches. Gross floor area shall not include elevator or stair bulkheads; accessory water tanks or cooling towers; uncovered steps; attic spaces less than seven feet six inches; and open porches, terraces or breezeways, provided that not more than 50% of the perimeter of such terrace, breezeway or open porch is enclosed.
[Amended 10-20-2003 by Ord. No. 280]
B. 
RESIDENTIAL FLOOR AREAFor the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior walls or from the center line of walls separating two dwelling units. The floor area measured is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
[Amended 10-20-2003 by Ord. No. 280]
C. 
USABLE FLOOR AREA (FOR COMPUTING PARKING)That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area, which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
GARAGE
A. 
COMMERCIAL PARKING GARAGEA building or other structure which is used for the storage of boats for hire or parking of motor vehicles and is not accessory to a use on the same or another zoning lot.
B. 
PRIVATE GARAGEAny detached accessory building that is a minimum of 400 square feet in size, or a portion of a main building designed or used mainly for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.
[Amended 12-20-2010 by Ord. No. 305; 1-7-2013 by Ord. No. 308]
C. 
SERVICE GARAGEAny premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
GENERAL COMMONS AREA
All areas outside of the condominium lots, including right-of-way.
GRADE
The ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of said total averages.
HOTEL
A. 
A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:
(1) 
Maid service.
(2) 
Furnishing of linen.
(3) 
Telephone, secretarial, or desk service.
(4) 
Bellboy service.
B. 
A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
JUNKYARD
An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL
Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets are bred or sold.
LIMITED COMMONS AREA
The areas within a condominium lot that are outside of the building envelope.
LOT
A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records.
A. 
CORNER LOTA 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 lot lines meet the curve or the straight street line extended, form an interior angle of less than 135°.
B. 
INTERIOR LOTAny lot other than a corner lot.
C. 
THROUGH LOTAny interior lot having frontage on two more or less parallel streets as distinguished form a corner lot. In the case of a row of double frontage lots, all yards facing a street shall be considered frontage and front yard setbacks shall be provided as required.
[Amended 1-7-2013 by Ord. No. 308]
D. 
ZONING LOTA single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot shall satisfy this chapter with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record, but may include it.
LOT AREA
The total horizontal area within the lot lines of the lot.
LOT COVERAGE
The part or percent of the lot occupied by buildings, including accessory buildings.
LOT DEPTH
The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT LINES
The lines defining the limits of a lot as described herein:
A. 
FRONT LOT LINE In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, it is that line separating said lot from either street.
B. 
REAR LOT LINE That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long lying farthest from the front lot line and wholly within the lot.
C. 
SIDE LOT LINE Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
LOT OF RECORD
A parcel of land, the dimensions of which are described in a document or shown on a map on file with the County Register of Deeds or in common use by city, township, or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
LOT WIDTH
The horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.
MAIN BUILDING
A building in which is conducted the principal use of the lot upon which it is situated.
MAIN USE
The principal use to which the premises is devoted and the principal purpose for which the premises exists.
MAJOR THOROUGHFARE
An arterial street which is intended to serve as a large volume traffic way for both the immediate Township area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the major thoroughfare plan for East China Charter Township. Any street with a width, existing or proposed, of 120 feet shall be considered as a major thoroughfare.
MARGINAL ACCESS ROAD
A service roadway parallel to a feeder road; and which provides access to abutting properties and protection from through traffic.
MASTER DEED
The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the plan for the project.
MASTER PLAN
The comprehensive plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the Township and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the Township Board.
MEDICAL MARIJUANA DISPENSARY, GROW FACILITY, COMPASSION CLUB OR SIMILAR OPERATION
Any facility or location where medical marijuana is grown or possessed for the purpose of distributing to a registered primary caregiver who does not reside at or own the location where the medical marijuana is grown or cultivated, or any facility or location where medical marijuana is grown, processed, possessed or cultivated for the purpose of distributing the medical marijuana to more than the cumulative total of five qualified patients.
[Added 3-21-2011 by Ord. No. 306]
MEZZANINE
An intermediate floor in any story occupying not to exceed 1/3 of the floor area of such story.
MINI STORAGE FACILITY
Self-storage spaces designed and used for the purpose of renting or leasing individual storage space to tenants who have access to such space for the purpose of storing and removing personal property.
[Added 10-20-2003 by Ord. No. 281]
MOTEL
A series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.
NONCONFORMING BUILDING
A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of this chapter in the district in which it is located.
NONCONFORMING USE
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 district in which it is located.
NURSERY, PLANT MATERIAL
A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of “nursery” within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
NUISANCE
An offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being; or the generation of an excessive or concentrated movement of people or things, such as:
A. 
Noise.
B. 
Dust.
C. 
Smoke.
D. 
Odor.
E. 
Glare.
F. 
Fumes.
G. 
Flashes.
H. 
Vibration.
I. 
Shockwaves.
J. 
Heat.
K. 
Electronic or atomic radiation.
L. 
Objectionable effluent.
M. 
Noise of congregation of people, particularly at night.
N. 
Vehicular traffic.
O. 
Invasion of nonabutting street frontage by traffic.
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.
OPEN SPACE
That part of a zoning lot, including courts or yards, which:
A. 
Is open and unobstructed from its lowest level to the sky; and
B. 
Is accessible to all residents upon the zoning lot; and
C. 
Is not part of the roof of that portion of a building containing dwelling units; and
D. 
Is the roof of an attached garage if said roof is used for a swimming pool deck or recreational deck; and is not higher than 23 feet above grade; and is directly accessible by a passageway from the residential buildings.
OPEN STOREFRONT
A business establishment so developed that service to the patron may be extended beyond the walls of the structure through an exterior service window or other similar form of opening in the building, allowing the patron to remain outside and not requiring the patron to enter the structure. The term "open storefront" shall not include automobile repair stations or automobile service stations.
[Amended 4-19-2004 by Ord. No. 285; 1-7-2013 by Ord. No. 308]
PARKING SPACE
An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
PERSONAL WIRELESS SERVICE ANTENNAS
An antenna used to send or receive PWS signals.
[Added 11-6-2006 by Ord. No. 293]
PERSONAL WIRELESS SERVICE (PWS) FACILITIES
As initially defined by the Telecommunications Act of 1996 to include commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services and intended to include telecommunications by cellular, personal communications service (PCS) or specialized mobile radio (SAR) methods.
[Added 11-6-2006 by Ord. No. 293]
PERSONAL WIRELESS SERVICE SUPPORT STRUCTURE
A structure used to support PWS antennas.
[Added 11-6-2006 by Ord. No. 293]
PERSONAL WIRELESS SERVICE TOWER
A freestanding structure, attached to the ground and used to support PWS antennas.
[Added 11-6-2006 by Ord. No. 293]
PRINCIPAL USE
The main use to which the premises is devoted and the principal purpose for which the premises exists.
PUBLIC UTILITY
A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
ROOM
For the purpose of determining lot area, requirements and density in a multiple-family district, a living room, dining room, and bedroom, equal to at least 80 square feet in area. A room shall not include the area in kitchens, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presently showing one-bedroom, two-bedroom or three-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.
SETBACK
The distance required to obtain minimum front, side or rear yard open space provisions of this chapter. Setback from a public street shall be measured from the existing or proposed right-of-way line, whichever is greater.
[Amended 10-20-2003 by Ord. No. 280]
SIGN
Words, numerals, figures, devices, designs, or trademarks, either permanent or temporary, which are visible to the general public and used to make known a product, message, individual, firm, service, profession, business or other entity. A sign shall include the following types:
A. 
ACCESSORY SIGNA sign related to the principal use of the premises.
B. 
ADVERTISING SIGNA nonaccessory sign not relating to a business, use, or service on the premises upon which the sign is placed.
C. 
BILLBOARDA nonaccessory sign generally of a larger size than an advertising sign.
D. 
BULLETIN BOARD or ANNOUNCEMENT SIGNA business sign of the following nature:
(1) 
Church name and services, school activities, etc.
(2) 
A directory of offices, commercial or industrial activities, activities within a building or planned group of buildings.
E. 
BUSINESS SIGNAn accessory sign related to the business, activity, or service conducted on the premises upon which the sign is placed.
F. 
CANOPY SIGNA sign attached to the underside of a canopy, marquee, awning, or other covered structure projecting from and supported by a building.
G. 
DIRECTIONAL SIGNA sign to direct vehicular or pedestrian traffic to parking areas, loading areas, or portions of a building and not containing any form of advertising or logos.
H. 
FESTOON SIGNA business sign where incandescent light bulbs, banners, pennants, or other similar features or devices are strung or hung overhead and are not an integral physical part of the building or structure they are intended to serve.
I. 
(1) 
A sign that intermittently reflects lights from either an artificial source or the sun; or
(2) 
A sign which has movement or any illumination such as intermittent, flashing, scintillating, or varying intensity; or
(3) 
A sign that has any visible portions in motion, either constantly or at intervals, which motion may be caused either by artificial or natural sources.
J. 
FREESTANDING SIGNA ground or pylon sign.
K. 
GROUND SIGNA permanent sign, not a pylon sign and not attached to any building, and supported by uprights, braces, or some object on the ground. The height of such a sign shall not be over eight feet above grade.
L. 
IDENTIFICATION AND NAMEPLATE SIGNA sign stating the name of a person, firm, or description of a certain permitted use.
M. 
NONACCESSORY SIGNA sign not related to the principal use of the premises.
N. 
POLITICAL SIGNA sign relating to the election of a person to public office, a political party, or a matter to be voted upon at an election called by a public body.
O. 
PORTABLE SIGNA sign affixed to a vehicle or trailer, or any other sign not permanently attached to the ground which can be moved or transported.
P. 
PROJECTING SIGNA sign attached to a building or other structure and extending in whole, or in part, more than 12 inches beyond the surface of the portion of the building line or extending over public property.
Q. 
PYLON SIGNAn elevated sign with a clear space of not less than 10 feet between the bottom of the face of the sign and the grade.
R. 
REAL ESTATE DEVELOPMENT SIGNA sign indicating the proposed start of or availability of a subdivision or other real estate development.
S. 
REAL ESTATE SIGNA business sign placed upon a property advertising that particular property for sale, rent, or lease.
T. 
WALL SIGNA sign erected on or fastened against the wall or roof area of a building structure with the exposed face of the sign in a plane approximately parallel to the plane of such wall and generally extending not more than 12 inches beyond the surface of the building, wall, or roof area on which erected or fastened.
SIGN, MAXIMUM SIZE OF
The total area of a sign included within the square, rectangle, triangle, circle, or area caused by encompassing the outermost portions of the sign or around the outermost edges of a sign formed of letters or symbols only. An area so created shall include all solid surfaces, as well as all openings, and shall include all sides serving as a sign surface.
STORY
That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is not floor above, then the ceiling next above. A “story” thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground.
STORY, HALF
An uppermost story lying under a sloping roof having an area of as least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
STREET
A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TEMPORARY USE OR BUILDING
A use or building permitted by the Board of Appeals to exist during a specified period of time.
TRAILER COACH (MOBILE HOME)
Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
TRAILER COURT (MOBILE HOME PARK)
Any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are located.
USE
The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
YARD AREA LINES
In reference to site condominium developments, yard area lines are considered equal to lot lines as defined in this chapter.
YARDS
The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:
[Amended 11-2-2015 by Ord. No. 314]
A. 
FRONT YARDAn open space extending 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 main building. All yards abutting on a street shall be considered as front yards for setback purposes.
B. 
NONREQUIRED YARDAn open space between the minimum setback line and the main building. The nonrequired yard is the additional yard area that the building is set back beyond the minimum setback requirement for the district.
C. 
REAR YARDAn open space extending 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 main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
D. 
REQUIRED YARDAn open space between the lot line and the minimum setback line. The required yard corresponds to the minimum setback requirement for the district.
E. 
SIDE YARDAn open space between a main 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 main building.
ZONING EXCEPTIONS and VARIANCES
A. 
EXCEPTION Exceptions are intended to accommodate instances where the provisions of this chapter are not precise enough to cover all situations without interpretation. The granting of an exception does not require a finding of undue hardship but is permitted only when specifically referenced in this chapter and only after review of an application by the Board of Appeals or Planning Commission.
B. 
VARIANCEA modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship or practical difficulty owing to circumstances unique to the individual property on which the variance is granted.
[1]
Editor's Note: See also Ch. 139, Bed-and-Breakfast Establishments.