§ 28-5. Definitions.
Unless context indicates otherwise, the following words and phrases used in this chapter have these meanings:
Abandoned sign means any sign that is still on a residential property for six (6) months, a commercial property for nine (9) months or industrial property for fifteen (15) months after a business no longer operates at the location (see section 28-260(h)).
Accessory use or structure means a use or structure customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, including alternative energy source structures such as solar fields, wind turbines, and back-up generators.
Adult arcade means an establishment where one or more motion picture projectors, slide projectors, television screens, DVDs, VCRs, or similar machines display for viewing by five (5) or fewer persons each films, motion pictures, video cassettes, slides, digital videos, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or of "specified sexual activities.
Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, pictures or films depicting, describing, or relating to "specified sexual activities," or which are characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas." In determining whether certain materials constitute a substantial or significant portion of the total stock in trade of an establishment, the following may be considered, together with all other relevant factors:
(1)
If the materials in question are located or displayed on the main traffic aisles or in close proximity to the public entrances or exits of the establishment, it shall indicate that the materials are a significant or substantial portion of the stock in trade.
(2)
If the general stock in trade of the establishment is available for observation and inspection by and/or sale to the general public, while the material in question is available for inspection and observation by and for sale to only a limited segment of the public, it shall indicate that the materials are an insignificant and insubstantial portion of the total stock in trade.
(3)
If the material in question or its subject matter or the general subject emphasis of its product line is advertised to the general public by signs, posters, or any other means (including, but not limited to, the name of the establishment), which are either visible from the exterior of the establishment or published for public consumption in the press or electronic media or billboards or hand fliers or any other means whatsoever, then it shall be presumed that the material in question constitutes a significant portion of the total stock in trade.
Adult entertainment enterprise means adult bookstore, adult arcade, adult live entertainment establishment, or adult theater.
Adult live entertainment establishment means an establishment, which features dancers, waiters, waitresses, employees, patrons, exotic dancers, strippers, or similar entertainers who expose any or all of the "specified anatomical areas" to view by less than fully opaque covering.
Adult theater means an indoor or outdoor theater used for presenting by film, tape, or other means, material depicting, describing, or relating to "specified sexual activities" or which is characterized by its emphasis on matter depicting, describing, or relating to "specified anatomical areas" for observation by patrons therein.
Alley means a public or private way of not more than thirty-three (33) feet wide which affords only a secondary means of access to abutting property.
Alter means to make any structural change in the supporting or load bearing member of a building, such as bearing walls, columns, beams, girders or floor joists.
Arcade means an establishment wherein the operation of coin-operated amusement devices as defined in chapter 16 of this Code, is conducted as the principal business thereof.
Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, collision service, including body repair and frame straightening; painting and upholstering; vehicle steam cleaning and undercoating.
Automobile repair, minor, means minor repairs, incidental replacement of parts and motor service to passenger automobiles and trucks not exceeding one and one-half (1½) tons capacity, but not including any operation specified under "automobile repair-major."
Automobile service station or gasoline station means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating vehicles is offered for sale to the public and deliveries made directly into motor vehicles, including greasing and oiling on the premises.
Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
Awning means a fixed or retractable shelter constructed of non-rigid materials on a supporting framework which projects from the exterior wall of a building.
Awning sign means a sign affixed flat against the surface of an awning or inscribed on an awning (see section 28-253(a)).
Banners, balloons, pennants, festoons, spinners, or streamers shall include all removable fabric, cloth, paper or other non-rigid material suspended or hung from light poles, buildings or other site amenities (see section 28-260(o)).
Basic manufacture means the first operation or operations which transform a material from its raw state to a form suitable for fabrication.
Bed and breakfast establishments. See "tourist home."
Billboard means a sign for the display of information in public places, such as alongside highways (see section 28-253(b)).
Block building line, front or rear, means the average setback of the principal structures on one (1) side of the street in any one (1) block.
Board means the zoning board of appeals.
Building means any covered structure intended for the shelter, housing or enclosure of any person, animal or chattel.
Building height means the vertical distance measured from the average grade level of the building to the highest point of the roof.
Clinic, dental or medical, means a building in which three (3) or more physicians, dentists and allied professional assistants are associated for the purpose of carrying out their profession. The clinic may include a medical or dental laboratory. It shall not include in-patient care.
Conditional use means a use, permitted within certain zoning districts, of such a nature that the public has reserved the right to approve its exact location, subject to conditions stated in the chapter and to any special conditions imposed by the city planning commission to protect uses by right of other properties in the neighborhood.
Conforming sign means a sign that is allowable under section 28-253.
Construction site sign means a sign erected on a construction site.
Day care facility means a facility for the care of children under eighteen (18) years of age, as licensed and regulated by the state under Act No. 116 of the Public Acts of Michigan of 1973 (MCL 722.111 et seq.), as amended, and the associated rules of the state department of social services. Such organizations are further defined as follows:
(1)
Family day care home means a private home in which one (1) but not more than six (6) minor children are received for care and supervision for periods of less than twenty-four (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. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.
(2)
Group day care home means a private home in which more than six (6) but not more than twelve (12) children are given care and supervision for periods of less than twenty-four (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. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.
(3)
Child care center means a facility, other than a private residence, receiving more than six (6) preschool or school age children for group care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day.
The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Child care center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
Drive-thru board means a sign located within ten (10) feet of either side of a drive-thru lane.
Driveway means any extension of an approved curb cut on private property that extends into the side yard of the same property. Circle driveways are permitted if curb cuts are provided for the driveway on the same lot. All driveways must be surfaced with gravel, asphalt or concrete and provide ingress and egress to vehicles for the purpose of parking.
Driveway approach means any extension of an approved curb cut located between the street and property line used for approaching the driveway.
Dumpster means a waste receptacle having a capacity of at least one (1) cubic yard and utilized for the temporary storage of refuse pending collection.
Dwelling group means a group of three (3) or more detached dwellings located on a parcel of land in one (1) ownership and having any yard or court in common.
Dwelling, multiple-family, means a building designated for or occupied by three (3) or more families living independently of each other with separate housekeeping and cooking facilities for each.
Dwelling, single-family, means one (1) or more rooms with independent cooking facilities designed as a unit for residence by only one (1) family and complying with the following standards:
(1)
The dwelling shall have a minimum living area of seven hundred twenty (720) square feet.
(2)
The dwelling shall be firmly attached to a solid foundation construction on the site in accordance with the city's building code. No exposed wheels, towing mechanisms, undercarriage or chassis shall be permitted and no storage shall be allowed in any crawl space or skirted area which is not a standard basement.
(3)
The dwelling must contain storage area either in a basement located under such dwelling, in an attic area, in closet areas, or in a separate fully enclosed structure on the site of standard construction similar to or better quality than the principal dwelling, which space shall not be less than fifteen (15) percent of the interior living area of the dwelling.
(4)
The dwelling must contain no additions of rooms or other areas which are not constructed with similar materials and with similar quality of workmanship as in the original structure, including an appropriate foundation and permanent attachment to the principal structure.
(5)
The dwelling shall be in conformity with all applicable city building, plumbing, electrical codes and other applicable cable ordinances.
(6)
The dwelling must be aesthetically compatible in design and appearance to conventionally constructed homes, with not less than two (2) exterior doors with one being in the front of the home, and the other being in either the rear or side of the home, and roof drainage systems concentrating roof drainage and avoiding drainage along the sides of the dwelling.
(7)
The foregoing standards shall not apply to a mobile home located in a licensed mobile home park or a licensed mobile home subdivision except to the extent required by state law or otherwise specifically required in an ordinance of the city.
Dwelling, two-family, means a building designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.
Electronic and other changeable message board means the portion of a sign on which copy is changed either manually or electronically (see section 28-253(d)).
Fabrication means manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores or rubber. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects.
Family means either of the following:
(1)
A domestic family. One (1) 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 one (1) additional unrelated persons, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in the dwelling.
(2)
The functional equivalent of the domestic family. Persons living together in a dwelling unit whose relationship is of 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 a 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 six (6). Such presumption may be rebutted by application to the planning commission for a conditional use based upon the applicable standards in this chapter.
Fence or wall means any artificially constructed barrier which is used to enclose, separate, or screen areas of land or as a means of protection. For the purposes of this chapter a fence or wall is considered a structure and must be constructed of materials that are all weather and zero maintenance. Treated wood must meet the American Wood Protection Association's UC4B standard for ground contact (heavy duty).
(1)
Privacy fences or walls are eighty (80) percent or more opaque and of sufficient height to provide a visual buffer.
(2)
Non-privacy fences or walls are less than eighty (80) percent opaque or of insufficient height to provide a visual buffer.
Fenestration includes all window and other exterior openings within a structure, specifically the clear glass contained therein.
Filling means the depositing or dumping of any matter onto, or into the ground, except common household gardening and general farm care.
Flags means fabric, canvas or other similar material that is mounted to a pole or a building at one or more edges.
Floor area means total gross area on all floors as measured to the outside surface of exterior walls, excluding crawl spaces, garages, carports, open porches balconies and terraces (see "floor area terminology" diagram following this section).
(1)
Useable floor area (UFA ) means that area to be used for sale of merchandise or services, or to serve patrons, clients or customers. Usable floor area must be measured from the interior faces of the exterior walls, and total usable floor area for a building must include the sum of the usable floor for all floors of a building. Floor area used (or intended to be used) principally for incidental services, storage, installations of mechanical equipment, heating systems, sanitary facilities, and similar uses are excluded from the computation.
(2)
Gross floor area (GFA) means the sum of all gross horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed courtyards or patios are not considered to be part of the gross area, except where they are utilized for commercial purposes such as the outdoor sale of merchandise or dining.
Frontage means the portion of a lot abutting on a street or way and ordinarily regarded as the front of the lot.
Garage, public, means a building or part of a building used for the storage, sale, hire, care, repair or refinishing of motor vehicles.
Gas station canopy sign means a sign located at a gas station attached directly to the elevated canopy that covers pump islands.
Grade.
(1)
Average grade means the arithmetic average of the finished grade and highest elevation in an area within six (6) feet of the foundation line of a building or structure.
(2)
Existing grade means the elevation of the ground surface in its natural state, before construction begins.
(3)
Finished grade means the lowest point of elevation between the exterior wall of the structure and a line within six (6) feet from the exterior wall of the structure.
Home occupation means an incidental and secondary use of a dwelling unit for business purposes (see subsections 28-71 and 28-145(d)(10)).
Hotel means a building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom.
Incidental sign means a small sign, emblem, or decal located on an entry door or window that accompanies other signs (see section 28-257(c)).
Inflatables mean any size, shape or style of inflatable that requires air or helium to remain permanently or intermittently inflated (see section 28-260(p)).
Ingress/egress sign means a sign located within ten (10) feet outside of the site clearance triangle (see section 28-126, visibility at intersections) that is formed at the corner intersection of two (2) public rights-of-way and/or the intersection of a driveway and a public right-of-way.
Institution means an established or organized society or corporation; an establishment, especially one of a public character; a foundation; as, a charitable institution; also, the building or buildings used by such organization. It may be private in its character, designed for profit to those composing the organization, or public and charitable in its purposes.
Interior signs means signs located inside a building and are not reasonably intended to be visible from outside the building.
Junkyard means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked motor vehicles, used building materials, structural steel materials and equipment and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
Kennel means any lot or premises on which more than three (3) dogs or more than three (3) cats, or any combination of dogs and cats totaling more than three (3), are confined either permanently or temporarily. This does not include dogs and cats less than four (4) months old.
Laboratory, experimental, means a building or part of a building devoted to the testing and analysis of any product or animal.
Laboratory, medical or dental, means a laboratory which provides analytical or diagnostic services to physicians and dentists. No fabrication is conducted on the premises except the custom fabrication of dentures or surgical supports.
Landscaping means the treatment of the ground surface with live plant materials such as, but not limited to, turf grass (i.e., lawns), ground covers, trees, shrubs, and other live plant material. In addition, a landscape design may include other decorative natural materials, as well as various types of mulch. Structural features such as fountains, pools, statues and benches shall also be considered a part of landscaping if provided in combination with live plant material. The following are applicable definitions related to landscaping:
(1)
Buffer zone means a strip of land required between certain zoning districts reserved for plant material, berms, walls or fencing singularly or in combination to serve as a visual and noise barrier.
(2)
Caliper means the diameter of a tree trunk in inches measured at diameter breast height (dbh) (i.e., four and one-half (4½) feet above the existing grade).
(3)
Deciduous means a tree or shrub that sheds its foliage at the end of the growing season.
(4)
Drip line means an imaginary vertical line that extends downward from the outermost tips of tree or shrub branches to the ground.
(5)
Evergreen means a tree or shrub with persistent foliage (i.e., needles or broadleaves) that remains green throughout the year.
(6)
Greenbelt means the land abutting a public street, private street or access drive that shall be reserved as a landscaped area to serve as an obscuring screen, noise abatement and visual enhancement along roadway corridors in accordance with section 28-105, landscape standards.
(7)
Ground covers mean low-growing plants, including various types of:
a.
Woody plants and vines (e.g., myrtle, pachysandra, ivy) planted to become dense after one (1) complete growing season and prevent weeds and soil erosion;
b.
Perennials (i.e., flowers, herbs, ornamental grasses and other plants) which die back at the end of each growing season and regenerate at the beginning of the next growing season (including bulbs), planted to become dense after one (1) complete growing season and prevent weeds and soil erosion.
c.
Annuals (i.e., flowers, herbs, ornamental grasses and other plants) which die at the end of each growing season in USDA Plant Hardiness Zone 6a, planted at sufficient density to prevent weeds and soil erosion.
(8)
Landscape features mean various manmade items typically found in the landscape including, but not limited to, outdoor furniture (e.g., benches, tables, and chairs, etc.), statuary, and birdbaths.
(9)
Mulch means processed pervious organic (e.g., shredded bark, wood chips, etc.) and inorganic (e.g., pea gravel, larger stones and rocks, etc.) materials utilized in planting areas to prevent weeds and soil erosion and retain soil moisture.
(10)
Plant schedule means a listing of the plants proposed as part of a landscape design which is keyed to the landscape plan as includes the following information: quantity (i.e., number of plants), common name, botanical name (i.e., genus, species, and variety (if applicable)) type (as defined in this chapter), size (at time of installation), and root ball (i.e., ball and burlap (B&B), bare root, or container). Please see the plant schedule example.
Plant Schedule Example
Key Quant. Common Name
Botanical Name
Type of Plant
Size Root Ball AE 4 Celebration® Maple Acer x freemanii 'Celzam' Canopy Tree 3-in Cal B&B CF 1 Flowering Dogwood Gorans florida Ornamental Tree 6-ft height B&B EA 5 Dwarf Burning Bush Euonymiis alatus 'Compacta' Large Deciduous Shrub 3-ft height Container SJ 9 Little Princess Spirea Spiraea japoniea 'Little Princess' Small Deciduous Shrub 2-ft height Container CO 3 Hinoki Femspray Cypress Cliamaecyparis obtusa 'Filicoides' Upright Evergreen Shrub 2-ft height Container TD 5 Densi Yew Taxus densiformis 'Densi' Spreading Evergreen Shrub 2-ft spread Container HH 80 Baltic Ivy Hedera helix 'Baltica' Ground Cover N/A Container (11)
Shrub means a deciduous or evergreen plant which at maturity is less than thirteen (13) feet in height with multiple stems and having a general bushy appearance or maintained as a hedge.
a.
Small means a mature (or maintained) height of thirty (30) inches or less.
b.
Large means a mature height between thirty (30) inches and thirteen (13) feet.
c.
Upright form means taller than its width at maturity.
d.
Spreading form means shorter than its width at maturity.
(12)
Tree means a woody plant which at maturity is thirteen (13) feet or more in height with a perennial trunk and having a definite crown of foliage.
a.
Canopy tree means a deciduous tree which has a height of twenty-five (25) feet or more and a single trunk with at least five (5) feet of clear stem at maturity.
b.
Ornamental tree means a deciduous or evergreen tree that is typically grown because of its shape, flowering characteristics or other attractive features (e.g., exfoliating bark, multiple-stems, fruit, etc.) and typically grows to a mature height of twenty-five (25) feet or less.
(13)
Turf grass means any family of plants with narrow leaves normally grown as permanent lawns (i.e., turf) in southern Michigan.
Lawn extension and/or terrace means the area between the road curb and sidewalk (or the property line if no sidewalk exists).
Lighting means:
(1)
Average illumination means the overall average of all points on the surface of the illuminated area including the brightest and dimmest points.
(2)
Canopy structure means any overhead protective structure, which is constructed in a manner to allow pedestrians/vehicles to pass under.
(3)
Flood light means a fixture designed to "flood" a well-defined area with light.
(4)
Footcandle (fc) means a unit of illumination produced on a surface all points of which are one (1) foot from a uniform point source equivalent to one candle in brightness of illumination.
(5)
Glare means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility (e.g., blinding light). The magnitude of glare depends on factors such as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
(6)
Lamp means the component of the luminaire that produces the actual light including luminous tube lighting.
(7)
Lamp lumen depreciation (LLD) means a factor (i.e., between 0.0 and 1.0) used to describe how the lamp output changes with time compared to the initial output. Typical LLD factors (depending principally on lamp type) for outdoor lighting types are as follows: metal halide: 0.84, compact fluorescent: 0.85, high pressure sodium: 0.91 and mercury vapor: 0.79.
(8)
Light loss factor (LLF) means a factor (i.e., between 0.0 and 1.0) describing light output of a luminaire after losses due to dirt accumulation (i.e., luminaire dirt depreciation (LDD)) and lamp lumen depreciation (LLD), relative to the output when the lamp and luminaire are new (i.e., LLF = LDD × LLD).
(9)
Light fixture means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.
(10)
Light pollution means artificial light which causes a detrimental effect on the environment, enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties.
(11)
Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
(12)
Luminaire means the complete lighting system including the lamp and light fixture.
(13)
Luminaire dirt depreciation (LDD) means a factor (i.e., between 0.0 and 1.0) used to describe how much light produced by the lamp is lost to dirt accumulation and other changes in the optical characteristics of the luminaire, relative to the value when the luminaire is new, depending on the quality of the luminaire, materials used, maintenance, and environment.
(14)
Mounting height means the vertical distance between the surface to be illuminated and the bottom of the light source.
(15)
Outdoor light fixtures mean outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement.
(16)
Shielded fixture means outdoor light fixtures constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted (i.e. a shoebox-type fixture or a cutoff fixture as defined by the Illuminating Engineering Society of North America). The fixtures almost always have a flat, horizontally oriented lens and opaque (usually metal) sides. A luminaire mounted in a recessed fashion under a canopy or other structure so that the surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this section.
(17)
Spot light means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.
(18)
Uniformity means a measure indicating how evenly light is distributed across a surface. Typically the measure is expressed as a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect uniformity would be 1:1.
Lamp Lumens
Lot means a piece or parcel of land under the same ownership occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or used for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street but that is not divided by any public street or alley. (See "corner, interior and double frontage lots" diagram following this section). A lot shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the lot is located. A lot may not necessarily coincide with a lot of record as filed with the county register of deeds, but may include one (1) or more lots of record.
(1)
Lot, corner, means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The corner is the point of intersection of the street lines. In the case of corner lots, there shall be no rear yard. (See "corner, interior and double frontage lots" diagram following this section.)
(2)
Lot, double frontage, means an interior lot which has a pair of opposite lot lines along two (2) substantially parallel, nonintersecting streets. On a double frontage lot, both street lots lines shall be deemed front lot lines (see "corner, interior and double frontage lots" diagram following this section).
(3)
Lot, interior, means a lot other than a corner lot (see "corner, interior and double frontage lots" diagram following this section).
(4)
Lot, key, means an interior lot with one (1) lot line, or portion thereof, contiguous to the lot line opposite the frontage of a corner lot.
(5)
Lot, reverse frontage corner, means a corner lot on which the frontage is located along the longest dimension of the lot. In the case of reversed frontage corner lots, there will be no rear yard. (See "corner, interior and double frontage lots" diagram following this section).
(6)
Lot, width, means the horizontal straight line distance between the side lot lines, measured between the two (2) points where the front setback line intersects the side lot lines. (See "lot lines" diagram following this section.)
Lot, formal combination of, means the official combination of lots by the city assessor, including the generation of a legal description for the new lot of record.
Lot lines means the lines bounding a lot as defined herein (see "lot lines" diagram following this section):
(1)
Lot line, front, means in the case of an interior lot, the line separating said lot from the street right-of-way. In the case of a corner lot or double frontage lot, it is that line separating said lot from either street right-of-way.
(2)
Lot line, rear, means the lot line opposite the front lone [lot] line (except for reversed frontage corner lots or double frontage lots). In the case of a lot converging toward the rear by intersecting side lot lines, the rear lot shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.
(3)
Lot line, side, means any lot line other than the front lot line or rear lot line.
Lot of record means a lot which exists in a subdivision plat as shown on the records of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been recorded.
Manufacturing means all operations required to produce a material or product suitable for use.
Mobile home means any vehicle or building without motive power designed functionally as a dwelling unit and for periodic movement upon a highway as defined and regulated by Act No. 299 of the Public Acts of Michigan of 1986 (MCL 125.1104 et seq.), as amended. This term shall include those vehicles commonly referred to as a trailer, house trailer, or trailer coach or manufactured housing.
Monument (ground) sign means a sign attached to a permanent foundation of at least equal length to the sign structure and not attached to a building, pole, posts, or similar uprights (see section 28-253(f)).
Motel means a building or group of buildings on the same lot, whether detached or in connected rows containing sleeping or dwelling units which may or may not be independently accessible from the outside with a garage or parking space located on the lot, and designed for, or occupied by automobile travelers. The term shall include any buildings or building groups designated as motor lodges, motor inns or by any other title intended to identify them as providing lodging, with or without meals, for compensation.
Multiple-family residential complex means a multiple-family residential building or buildings with six (6) or more dwellings, which triggers the need for site plan review before the city planning commission.
Mural means a painting or similar graphic medium on or attached to a wall (see section 28-253(g)).
Nonconforming lot means any lot or parcel of land which does not meet the land area or dimensional requirements of this chapter.
Nonconforming sign means a sign that was lawfully permitted at the time it was erected, but is not permitted under current ordinance.
Nonconforming structure means a structure that does not conform to the limitations on building size and location for the use to which such building is being put.
Nonconforming use means a use of land that does not conform to the use provisions of the zoning district in which the use is located, but which complied with applicable regulations at the time the use was established.
Off premises sign means a sign located on property not owned by the sign owner.
Ordinary repair/maintenance means repairs to a structure due to day-to-day wear and tear that are required to maintain the structure's functionality but does not increase the value of the structure or perpetuate the legal nonconforming use.
Parking area, space, lot, means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees.
Parking lot sign means a sign located within a public or private - parking lot.
Person means an individual human being.
Portable sign means a free-standing sign not permanently anchored or secured to the ground or to a building.
Processing means any operation changing the nature of material or materials such as their chemical composition or physical qualities. This term shall not include operations described as fabrication.
Projecting sign means a sign which projects from and is supported by a building wall, any part of which extends more than fifteen (15) inches beyond the building face or ends of the building wall (see section 28-253(h)).
Public building means any building held, used, or controlled primarily for public purposes by any department or branch of government; state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated.
Public utility means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation or water.
Restaurant/delicatessen means any business located in a building permanently affixed to real property which serves customers prepared food or beverages for consumption either on or off the premises.
Roof sign means any sign that extends above the top of the facade or eave line, and is exclusively mounted to the roof of the building or is incorporated into the material which clad a building roof (see section 28-260(q)).
Rooming and/or boarding house means a building containing rooms for guests in which lodging is provided with or without meals for compensation or on a short-term basis in response to a family crisis, and where no provision is made for cooking in any guestroom.
Sandwich board sign means a temporary A-frame design sign that is freestanding, (see section 28-253(i)).
Setback means the minimum distance a building must be placed back from a lot line or right-of-way.
Shingled roof sign means a sign that consists of words or images in a pattern and color different to the any abutting shingle or other roofing material intended to advertise or draw the public's attention (see section 28-260(r)).
Sign means a name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business and which is visible from any public street, right-of-way, sidewalk, alley, park, or other public place.
Soil removal means the removal of any kind of soil or earth matter, including top soil, sand, gravel, clay, or similar materials, or combination thereof, except common household gardening and general farm care.
Specified anatomical areas means:
(1)
Less than completely and opaquely covered male or female human genitalia; or
(2)
Human male or female anal orifices; or
(3)
Human male genitals in a discernibly turgid state even if completely and opaquely covered; or
(4)
An individual's female breast below the point immediately above the top of the areola.
Specified sexual activities means:
(1)
Human genitals in a state of sexual stimulation or arousal; or
(2)
Acts of human masturbation, sexual intercourse, oral sex, bestiality or sodomy; or
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Stacking space means the average length of a vehicle (i.e., twenty (20) feet), as it applies to the required number of vehicle lengths that must be provided for vehicles cueing per drive-through lane/facility.
Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, to include, but not be limited to driveways, parking lots, in-ground and above-ground swimming pools, and similar recreational facilities.
Swinging sign means a sign suspended from a horizontal or near horizontal support or arch.
Taxable value means the value of the property listed on the city's assessment role for the purpose of taxation, as confirmed by the last board of review.
Temporary banner means a sign of lightweight fabric or similar material that is temporarily mounted or attached to a pole or a building.
Temporary event sign means a temporary or portable sign concerning a special event.
Temporary freestanding commercial/industrial yard sign means a sign located in the front or side yard and constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and appears to be intended to be displayed for a limited period of time.
Temporary freestanding residential yard sign means a sign located in the front or side yard and constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and appears to be intended to be displayed for a limited period of time.
Temporary use or structure means a structure or use permitted by the zoning administrator (or designee) to exist during periods of construction of the main use or for special sales or other events. See section 28-111 of this chapter for the various types of temporary uses and structures allowed and their standards.
Tourist home means a building where lodging is provided by a resident family in its home for compensation, mainly for transients. A tourist home may be called a "bed and breakfast establishment." A tourist home is not a hotel, motel or boardinghouse.
Use by right means any use which is listed as a use by right in any given zoning district in this chapter. Uses by right are not required to show need for their location.
Uses by temporary permit means listed uses which may be permitted in any given zoning district provided that need for the use in the district can be established to the satisfaction of the zoning inspector.
Use, conditional. See "conditional use."
Use, nonconforming. See "nonconforming use."
Use, transitional, means a use permitted on certain lots abutting zoning boundary lines.
Variance means a modification of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in practical difficulties and unnecessary hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.
Wall. Please see "fence" or "wall".
Wall sign means a sign attached to, painted on, or otherwise placed upon an exterior building wall (see section 28-253(l)).
Warning sign means a sign that warrants of a potential danger, hazard or health risk.
Watercourse shall mean any waterway including a river, stream, lake, pond or any body of surface water having definite banks, a bed, and visible evidence of a continued flor or continued occurrence of water.
Window signs mean signs affixed to the interior or exterior glass surfaces of windows or doors and are visible from outside the structure.
Wireless communication facilities means 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 buildings 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 that are subject to state or federal law or regulations that preempt municipal regulatory authority.
(1)
Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
(2)
Attached wireless communications facilities (antennae). Wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
(3)
Base station . A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
a.
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
c.
Any structure other than a tower that, at the time the relevant application is filed with the City of Jackson under this section, supports or houses equipment described herein that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the City of Jackson under this section, does not support or house equipment described above.
(4)
Collocation. The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennae within the city.
(5)
Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a.
Collocation of new transmission equipment;
b.
Removal of transmission equipment; or
c.
Replacement of transmission equipment.
(6)
Eligible support structure . Any tower or base station, as defined in this section, provided that it is existing at the time the relevant application is filed with the City of Jackson under this section.
(7)
Existing . A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this section.
(8)
New facility. A new wireless communication support structure.
(9)
Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
(10)
Substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a.
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten feet, whichever is greater
b.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
c.
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;
d.
It entails any excavation or deployment outside the current site or increases an existing equipment compound to greater than two thousand five hundred (2,500) square feet;
e.
It would defeat the concealment elements of the eligible support structure;
f.
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (10)a., e. of this section.
g.
Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (2012).
(11)
Tower: Any structure for the sole or primary purpose of supporting any FCC authorized antennas and associated facilities.
(12)
Wireless communication support structures. Structures erected or modified to support wireless communication antennae. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, buildings or other similar structures.
Wireless telecommunication facility means the following equipment:
(1)
Wireless telecommunication antenna means an antenna and associated equipment mounted to a building or other structure for the purpose of broadcasting wireless telecommunication transmissions.
(2)
Wireless telecommunication tower means a separate structure fastened to an independent foundation, not mounted to a building or structure, for the sole purpose of mounting wireless telecommunication antennas, excluding non-commercial radio and television antennas.
Work release (halfway) house means a residential building used to help recently released inmates to matriculate back into the community while they are still on partial supervision with a state or county facility.
Yard means a required open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed by a principal structure or portion of a structure from the ground upward, except as provided otherwise in this chapter.
(1)
Front yard means a yard extending the full width of a lot and situated between a street line and a front building line parallel to the street line. The depth of the front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines in the case of rounded property corners at street intersections. Where the radius of the curve is thirty (30) feet or less, the foremost point of the side lot line shall be assumed to be the point at which the side and front lot lines would have met without such rounding. If the radius of such curve exceeds thirty (30) feet, the yard shall be parallel to the street line. The front and rear yard lines shall be parallel.
a.
Addressed front yard means all front yards will be considered the addressed (primary) front yards of the lot, excluding corner and double frontage lots.
b.
Non-addressed front yard means that the non-addressed front yard will be considered the secondary front yard and regulated accordingly, for corner and double frontage lots.
(2)
Rear yard means a yard extending the full width of the lot between the interior side yard lines and situated between the rear lot line and the rear building line and parallel to the rear lot line. In the case of corner and double frontage lots, there shall be no rear yards but only front and side yards.
(3)
Side yard means a yard situated between the side building line and adjacent side lot line and situated between the rear yard and front yard. In the case of corner lots and double frontage lots it is the yard situated between the side building line and adjacent lot line situated between the front yards.
Zoning administrator means the staff zoning administrator and includes any designee of the zoning administrator.
Zoning compliance certificate means a certificate issued by the zoning administrator which recognizes that the holder of a zoning permit has developed the intended use, building, or structure in full compliance with the requirements of this chapter at the time the certificate is issued.
Zoning permit means a permit issued by the zoning administrator which authorizes the recipient to use or occupy a tract of land or a structure; or to erect, alter or install a structure which fully meets the requirements of this chapter.
(Code 1977, §§ 5.6—5.13; Ord. No. 90-14, § 1, 7-31-90; Ord. No. 93-2, § 2, 1-5-93; Ord. No. 93-25, § 1, 11-9-93; Ord. No. 97-17, § 1, 9-2-97; Ord. No. 2003.17, § 1, 11-25-03; Ord. No. 2006.11, § 1, 7-18-06; Ord. No. 2010-04, § 1, 2-9-10; Ord. No. 2011.15, § 2, 8-16-11; Ord. No. 2012.5, § 3, 4-10-12; Ord. No. 2012.17, § 3, 7-17-12; Ord. No. 2012.19, § 2, 9-11-12; Ord. No. 2012.20, § 2, 9-11-12; Ord. No. 2012.23, § 2, 9-25-12; Ord. No. 2013.02, § 2, 3-12-13; Ord. No. 2013.06, § 2, 4-9-13; Ord. No. 2013.10, § 2, 4-23-13; Ord. No. 2016.07, § 2, 3-29-16; Ord. No. 2016-29, § 2, 11-15-16; Ord. No. 2017-06, § 2, 5-2-17; Ord. No. 2017-08, § 2, 6-13-17; Ord. No. 2017-12, § 2, 11-28-17)
Cross reference— Definitions and rules of construction generally, § 1-2.
FLOOR AREA TERMINOLOGY
CORNER, INTERIOR AND DOUBLE FRONTAGE LOTS
LOT LINES
