[Ord. No. 738, passed 2-22-2010]
Short title. This Title Six of Part Twelve - the Planning and Zoning Code - shall be known and may be designated as the "City of Coldwater Zoning Code" and shall be referred to hereinafter as "this Zoning Code."
Purpose. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare. Among other purposes, such provisions are intended to provide for adequate light, air and convenience of access, to secure safety from fire and other dangers, and to avoid undue concentration of population by regulating and limiting the height and bulk of buildings wherever erected, limiting and determining the size of yards, courts and other open spaces, regulating the density of population, and regulating and restricting the location of uses, trades, industries and buildings in relation to traffic and parking needs.
Scope. It is not intended by this Zoning Code to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Zoning Code or of any private restrictions placed upon property by covenant, deed or other private agreement. Where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot areas, or larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or Zoning Code or by such rules, regulations, or permits or by such private restrictions, the provisions of this Zoning Code shall control.
[Ord. No. 738, passed 2-22-2010]
Council may, from time to time, in accordance with State law, on its own motion or on petition, after a public hearing held by the Planning Commission in the manner described in Section 1262.08, amend, supplement or change, modify or repeal the boundaries or regulations herein or subsequently established, after submitting same to the City Planning Commission for its recommendations and report.
[Ord. No. 738, passed 2-22-2010]
As an alternative to a rezoning amendment as described in Section 1260.02, the City of Coldwater may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with Act No. 110 of 2006 as amended. It is recognized that, in certain instances, it would be an advantage to both the City and petitioners seeking rezoning of land, if a site plan, along with conditions and limitations that may be relied upon by the City, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.
The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to P.A. 110 of 2006, Michigan Zoning Enabling Act.
In addition to the procedures pursuant to P.A. 110 of 2006 in regard to the amendment of the Zoning Code, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests.
A conditional rezoning request must be voluntarily offered by an owner of land within the City. All offers must be made in writing and must provide the specific conditions to be considered by the City as a part of the rezoning request. All offers shall be in the form of a written agreement approvable by the City and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.
Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
Conditional rezoning shall not alter any of the various zoning requirements for the use(s) in question, i.e., parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, etc. Conditional rezonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of Chapter 1264 of this Zoning Code.
Conditional rezoning shall not grant conditional or special land use approval. The process for review and approval of conditional land uses must follow the provisions of Chapter 1295 of this Zoning Code.
All conditions offered by a land owner in relation to a rezoning request must have a direct relationship to the rezoning itself.
The applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this Zoning Code, that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the City. A conditional rezoning site plan shall not replace the requirement under this Zoning Code for site plan review and approval, or subdivision or site condominium approval, as the case may be.
Time limits and reversion of land to previous district.
If the proposed conditions of rezoning are acceptable to the City, the City may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification.
Unless a reversion of the zoning takes place as described in the section above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.
Upon approval of a conditional zoning, a copy of the written agreement between the property owner and City shall be filed with the Branch County Register of Deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the City.
The City may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.
The time limits specified and approved by the City may be extended upon the application of the landowner and approval of the City.
[Ord. No. 738, passed 2-22-2010]
The City Zoning Code, adopted June 26, 1995, as amended is hereby repealed, and all other ordinances or parts of ordinances in conflict with the provisions of this Zoning Code are likewise repealed.
[Ord. No. 738, passed 2-22-2010]
Should any section, clause or provision of this Zoning Code be declared by the courts to be invalid, the same will not affect the validity of the Zoning Code as a whole or any part thereof, other than the part so declared to be invalid.
[Ord. No. 738, passed 2-22-2010]
This Zoning Code was passed and approved by Council on February 22, 2010, to take effect 20 days after said date.
[Ord. No. 738, passed 2-22-2010; Ord. No. 752, passed 3-28-2011; Ord. No. 759, passed 8-27-2012]
The following rules shall apply to the text and language of this Zoning Code:
The particular shall control the general.
In case of any difference of meaning or implication between the text of this Zoning Code and any caption, the text shall control.
The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
Words used in the present tense shall include the future, words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
Any word or term not defined herein shall be used with a meaning of common or standard utilization.
ACCESSORY BUILDING — A subordinate building or structure on the same premises with a principal use, or a portion of a principal use/main building/primary structure, occupied or devoted to an accessory use and occupying no more than 10% of the area of the same premises on which it and the main building are located. Where an accessory building is attached to a principal use/main building/primary structure in a substantial manner by a wall or roof, such accessory building shall be considered part of the principal use/main building/primary structure.
ACCESSORY USE — A use naturally and normally incident and subordinate to the main use of the premises.
ADULT DAY CARE FACILITY —
ADULT DAY CARE CENTER — A facility, other than a private residence, receiving one or more persons, 18 years of age or older, for care for periods of less than 24 hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped who require supervision on an ongoing basis. An adult day-care center does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day-care center.
ADULT GROUP DAY CARE HOME — A private residence in which more than six but not more than 12 adults 18 years of age or older, receive care for periods of less than 24 hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An "adult day care home" does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
ADULT FAMILY DAY CARE HOME — A private residence in which six or less adults 18 years of age or older, receive care for periods of less than 24 hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An "adult day care home" does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
ADULT FOSTER CARE FACILITY — A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An "adult foster care facility" does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCLA § 400.701 et seq.; MSA § 16.610(61) et seq., as amended. The following additional definitions shall apply in the application of this Zoning Code:
ADULT FOSTER CARE SMALL GROUP HOME — An owner-occupied facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ADULT FOSTER CARE LARGE GROUP HOME — A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, up to 24 hours a day, five or more days a week, and for two or more consecutive weeks.
ADULT FOSTER CARE FAMILY HOME — An owner occupied facility with the approved capacity to receive six or fewer adults to be provided supervision, personal care, and protection in addition to room and board, up to 24 hours a day, five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence. Local zoning approval is not required prior to issuance of a license.
ADULT FOSTER CARE CONGREGATE FACILITY — An adult foster care facility with the approved capacity to receive more than 20 adults who shall be provided foster care. Section 15 of P.A. 218 of 1979 prohibits the licensure of new adult foster care congregate facilities.
ADULT REGULATED USES — Establishments which are required by law to or do exclude minors, or are defined as follows:
ADULT BOOK, VIDEO OR SUPPLY STORE — An establishment having 10% or more of all usable interior, retail, wholesale or warehouse space devoted to the distribution, display or storage of books, magazines and other periodicals, and/or photographs, drawings, slides, films, video tapes, recording tapes and/or novelty items, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).
ADULT MODEL STUDIO — Any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed or gratuity. This definition shall not apply to any accredited art school or similar educational institution.
ADULT MOTION PICTURE THEATER and ADULT LIVE STAGE PERFORMING THEATER — An enclosed building wherein still or motion pictures, videotapes or similar material is presented or viewed, which material is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein.
ADULT NUDE OR PARTIALLY NUDE DANCING — A business having 10% or more of its business activity or its use the live presentation or display of nude or partially nude male or female impersonator(s), dancer(s), entertainer(s), waiter(s) or waitress(es) or employee(s), and which may or may not feature the service of food or beverages. For the purpose of this chapter, "nude" or "partially nude" shall mean having any or all of the specified anatomical areas exposed (as defined herein).
ADULT OUTDOOR MOTION PICTURE THEATER — A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons by the theater.
ADULT PHYSICAL CULTURE ESTABLISHMENT — Any establishment, club or business, by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths or other similar treatment by any person. An adult physical cultural establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an "adult physical cultural establishment:"
Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse practitioner or any other similarly licensed medical professional;
Fitness and recreation centers;
Electrolysis treatment by a licensed operator of electrolysis equipment;
Continuing instruction in martial or performing arts or in organized athletic activities;
Hospitals, nursing homes, medical clinics or medical offices;
Barbershops or beauty parlors and salons which offer massages to the scalp, the face, the neck or shoulders only;
Adult photography studies whose principal business does not include the taking of photographs of specified anatomical areas as defined herein; and
Salons that offer full body massages by a trained massage therapist with at least 500 hours of training in massage therapy and who has passed the national certification exam for massage therapists.
CABARET — An establishment where live entertainment is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas (as defined herein) for observation by or participation of patrons therein. "Cabaret" also means an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, and topless and/or bottomless waiters, waitresses and/or employees.
SPECIFIED ANATOMICAL AREAS — Portions of the human body defined as follows:
SPECIFIED SEXUAL ACTIVITIES — The explicit display of one or more of the following:
SUBSTANTIAL PORTION — A use or activity accounting for 10% or more of any of the following: stock-in-trade, display space; floor space or viewing time, movie display time, or entertainment time, measured per month.
AGRICULTURE — The commercial cultivation, tilling or use of land for the purpose of growing and storing crops thereon, or of animal or poultry husbandry.
ALLEY — A dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.
APARTMENT — A room or suite of rooms in a multiple-family building arranged and intended for a place of residence of a single family or a group or individuals living together as a single housekeeping unit.
AUTOMOBILE REPAIR, MAJOR — Any activity involving the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision servicing, including body, frame or fender straightening or repair; overall painting or paint shops; and vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR — Any activity involving minor repairs, and the replacement of parts, in no case including any operation specified under "automobile repair, major."
AUTOMOBILE SALES AREA — An area used for the display, sale or rental of new or used motor vehicles in operable condition where no repair work is done.
AUTOMOBILE SALVAGE — The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts.
AUTOMOBILE SERVICE STATION or FILLING STATION — A place where gasoline or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for retail sale to the public and delivered directly into motor vehicles, and where there is retail sale of accessories, and where greasing, oiling and light motor service, not including activities defined as "automobile repair, major," are carried on.
BASEMENT — (See Figure 1) That portion of a building that is wholly or partly below grade is a basement when the vertical distance from finished grade to floor is greater than the vertical distance from finished grade to ceiling. A basement shall not be included as a story for height measurement, except as provided in the definition of "story."
BED-AND-BREAKFAST ESTABLISHMENTS — A private residence that contains eight or fewer sleeping rooms, offers sleeping accommodations to transient tenants in seven or fewer rooms for rent, is the innkeeper's residence in which the innkeeper resides while renting the rooms to transient tenants, serves breakfasts at no extra cost to its transient tenants, does not involve the employment of persons other than occupants of the residence, and has a properly operating smoke detector in every sleeping room and a properly operating fire extinguisher on every floor.
BLOCK — That property abutting one side of a street and lying between the two nearest intersecting streets, between the nearest such street and a railroad right-of-way, unsubdivided acreage, a river or a live stream, or between any of the foregoing and any other barrier to the continuity of development.
BOARD or ZONING BOARD OF APPEALS — Whenever the words "Board" or "Board of Appeals" are used, they refer to the Zoning Board of Appeals.
BUILDING — Any structure, either temporary or permanent, having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING ENVELOPE — An area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. In a single-family residential site condominium project, the building envelope refers to the area of each condominium unit within which the dwelling and any accessory structures may be built. A "building envelope" can also be a condominium structure.
BUILDING HEIGHT — (See Figure 2) The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck of true mansard roofs; and to the mean height between eaves and ridges for gable, hip and gambrel and gable roofs.
BUILDING SITE — In the context of a site condominium project, "building site" is the functional equivalent of a "lot" and is that portion of a condominium project designed and intended for separate ownership and/or exclusive use, as described in the project's master deed. "Building site" shall be further defined as:
A condominium unit consisting of the area under a building envelope and the contiguous area around the building envelope which, by itself, meets the minimum area and yard requirements for lots as required by this Zoning Code; or
The contiguous limited common element under and surrounding a condominium unit or units that is or shall be assigned to the owner(s) of the condominium unit(s) for the owner's exclusive use and which, together with the condominium unit or building envelope, meets the minimum area and yard requirements for lots as required by this Zoning Code as amended.
CAMPGROUND — A parcel or tract of land under the control of a person in which site are offered for the use of the public or members of an organization, either free of charge or for a fee, for the establishment of temporary or seasonal living quarters for recreational unit, including but not limited to tents, travel trailers, camping trailers, motor homes, and/or truck campers, but excluding any structure not designed to be readily moved.
CHILD FOSTER CARE FACILITY —
FOSTER FAMILY GROUP HOME — A private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
CLERK/ASSESSOR — The Clerk/Assessor of the City.
COLLECTOR STREET (SECONDARY THOROUGHFARE) — A street used primarily to carry traffic from minor (local) streets to major thoroughfares, as indicated in the City's Master Plan for Future Land Use.
COMMISSION — The Planning Commission of the City.
COMMON LAND — A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and or occupants of individual building units in a subdivision or other planned development.
COMMON OPEN SPACE — An unoccupied area within a development which is reserved primarily for the leisure and recreational use of all the residents of that development and generally owned and maintained in common by them, often through a homeowners' association.
CONGREGATE HOUSING — A dwelling unit providing shelter and services for individuals which may include meals, housekeeping and personal care assistance and may also include counseling. Such a facility offers residents a semi-independent lifestyle, but does not provide intensive personal care such as dispensing of medication and round-the-clock nursing care.
CONVALESCENT OR NURSING HOME — A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.
DAY-CARE FACILITIES, CHILD — Includes the following definitions as defined and regulated by Public Act No. 116 of the Public Acts of 1973 as amended.
FAMILY CHILD-CARE HOME — A state-licensed, owner-occupied private residence in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
GROUP DAY-CARE HOME — A state-licensed, owner-occupied private residence in which seven but not more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
DAY-CARE CENTER — A state-licensed facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
DENSITY — When referring to a planned unit development or a one-family cluster option, it is the number of dwelling units per unit area of land.
DRIVE-IN — 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 their motor vehicles, or to serve patrons with a product to be used or consumed off-premises, rather than within a building or structure.
DRIVE-THROUGH RESTAURANT — A restaurant in which all or a substantial portion of the business consists of serving foods and beverages in a ready-to-consume state from a drive-through window to patrons in motor vehicles. A drive-through restaurant may or may not also have indoor seating.
DRIVEWAY (IMPROVED) — A private road or drive of ingress and egress uniformly surfaced with concrete, asphalt, brick macadam, gravel or cinder to a compacted depth of not less than six inches.
DWELLING, AGRICULTURAL WORKER — Accessory living quarters maintained exclusively for the occupancy of agricultural workers. Such living quarters may or may not have separate kitchen facilities and bathroom facilities and are intended to meet the housing needs of persons employed by an industrial greenhouse or similar agricultural operation for a period of time no greater than 12 months in length. "Agricultural worker dwellings" must be located on the same parcel of land as the principal use for which they are intended to serve and dwelling structures must be built or assembled on site on a permanent foundation.
DWELLING, BOARDINGHOUSE (ROOMING HOUSE) — A multiple-residence dwelling, other than a hotel, where meals or lodging, or both, are provided for compensation for three or more persons other than a member of the family occupying such building. Boarders requiring medical attention shall be allowed only where professional care is given.
DWELLING, MULTIPLE-FAMILY — A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY — A building designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY — A building designed exclusively for occupancy by two 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.
EASEMENT — A specific area of land over which a liberty, privilege or advantage is granted by the owner to the public, a corporation, some particular person or part of the public for specific uses and purposes, and which shall be designated a "public" or "private" easement, depending on the nature of the user.
ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION — A private organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.
ENGINEERING MANAGER/PUBLIC WORKS ENGINEER — The staff engineer or consulting engineer of the municipality.
ESSENTIAL SERVICES — The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, water, sewer, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, stations and other similar equipment and accessories used in connection therewith, reasonably necessary for the furnishing of utility service by such public utilities or Municipal departments or commissions or for the public health or safety or general welfare.
FAMILY — One or two persons or parents, with their direct lineal descendants and adopted or foster children (and including the domestic employees thereof), together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Unrelated persons needing medical attention shall be permitted only if professional care is given.
FAMILY, FUNCTIONAL — A group of persons which does not meet the definition of "family" herein, living in a dwelling unit as a single housekeeping unit and intended to live together as a group for the indefinite future. This definition shall not include any fraternity, sorority, club, hotel or other group of persons whose association is temporary or commercial in nature.
FARMING OR OTHER AGRICULTURAL PURPOSES — The use of land associated with residential premises for farming and agricultural purposes of all types, including crops, truck and vegetable farming, fruit orchards, livestock and poultry operations, feed lots and other similar agricultural operations.
FENCE — A structure of definite height and location to serve as a barrier or screen in carrying out the requirements of this Zoning Code.
FLOOR AREA, RESIDENTIAL — For the purpose 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 faces of the exterior walls or from the center line of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
FLOOR AREA, USABLE (FOR THE PURPOSES OF COMPUTING PARKING) — That area used for or intended to be used for the sale of merchandise or services, or manufacturing, 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 or materials, for 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, PRIVATE — A detached accessory building or portion of the main building designed for and used for the parking and storage of motor vehicles or property owned and used by the occupants of the main building, including one truck not to exceed 10,000 pounds' gross vehicle weight.
GARAGE SALE — Includes the terms "basement sale," "attic sale" and "yard sale," or other types of similar residential sales, and shall mean a sale of used tangible personal property such as clothing, household effects, tools, garden implements, toys, recreation equipment or other used or secondhand items customarily found in and about the home and advertised in a manner whereby the public at large is, or can be, aware of such sale. It shall not mean to prohibit the sale of a single automobile by means of a "For Sale" sign in the window of such vehicle parked near a residence, nor shall it mean the sale of individual pieces of furniture or an appliance being replaced or no longer needed during the normal course of housekeeping.
GOVERNING BODY — The City Council of the City of Coldwater, Branch County, Michigan.
GREENHOUSE, AGRICULTURAL — A building or structure constructed of glass, glasslike, or translucent material, used for the growing of plants, all or part of which are sold at wholesale or limited retail, such as a farm market selling agricultural products on the premises. "Agricultural greenhouses" may include ancillary structures for storage and processing, but do not include agricultural worker dwellings.
GREENHOUSE, INDUSTRIAL — A wholesale business whose principal activity is the growing and selling of plants and/or product within an enclosed building for wholesale distribution. An "industrial greenhouse" may include ancillary facilities for processing, packing and storage of raw materials and agricultural products. An "industrial greenhouse" may also include agricultural worker dwellings as an accessory use and as separately defined.
GREENHOUSE, RETAIL — A retail business whose principal activity is the selling of plants grown on the site with or without outside storage, growing, or display. "Retail greenhouses" may include a building or structure constructed chiefly of glass, glasslike or translucent material devoted to the protection or cultivation of flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products tender plants for retail sale.
HALFWAY HOUSE — A public or private building(s) used principally for the occupancy and therapy of mentally and emotionally ill persons not requiring intensive care supervision or confinement. For purposes of this Zoning Code, all requirements for public and semipublic institutions shall apply.
HOME OCCUPATION — Any use customarily conducted entirely within a dwelling or an accessory building/garage and carried on by the inhabitants thereof, which may involve one employee other than members of the immediate family residing on the premises. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and shall not change the character thereof, and shall not endanger the health, safety and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like. No article or service shall be sold or offered for sale on the premises, except that which is customarily incidental to such occupation. The occupation shall not require internal or external alterations or construction, which alters the residential character of the dwelling. The occupation shall not require machinery, outdoor storage, off-street parking or outdoor advertising, all of which are not customarily allowed in residential areas.
HORTICULTURE — The art of cultivating gardens producing vegetables, fruits, flowers or ornamental plants.
HOTEL — Any building used as the temporary living quarters of persons, in which, as a rule, the rooms are occupied singly for hire, with no provision for cooking in any sleeping room or suite of rooms, and in which there are more than 50 sleeping rooms and a public dining room.
HUSBANDRY — The management, control and care of crops, flowers, fruits and vegetables, and of domestic animals and poultry.
IMPROVEMENTS — Grading, street surfacing, parking, curbs and gutters, sidewalks, crosswalks, water mains, fire hydrants, sanitary sewers, storm sewers, culverts, bridges and other additions to the natural state of land which increase its value, utility or habitability.
INSTITUTIONAL USES — Churches, schools, hospitals and other similar public or semipublic uses.
JUNKYARDS — A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, house-wrecking yards, used lumber yards, and places or yards for the use of salvaged house-wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building, and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, used furniture and household equipment, and for the processing of used, discarded or salvaged materials as part of manufacturing operations, where such manufacturing is conducted on the premises.
KENNEL, COMMERCIAL — Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.
LICENSEE — A person holding a state license to operate a marihuana establishment.
[Added 6-22-2020 by Ord. No. 832]
LOADING SPACE — An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading merchandise or materials.
LOCAL STREET — A street of limited continuity used primarily for access to abutting residential properties, as indicated in the City's Master Plan for Future Land Use.
LOT DEFINITIONS —
LOT AREA — The horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.
LOT — A place or parcel of land occupied or intended to be occupied by a building, structure or use, or by other activity permitted thereon and including the yards and open spaces required under this Zoning Code. A lot need not be a lot of existing record or otherwise specifically so designated on any public record.
OF RECORD — A lot, the dimensions of which are shown on a subdivision plat recorded in the office of the Register of Deeds for Branch County, or a lot or parcel described by metes and bounds, the accuracy of which may be attested to by a professional engineer or registered surveyor, so designated by the State of Michigan, and said description so recorded or on file with the county.
CORNER — A lot abutting two intersecting streets. See Figures 3 and 3A.
DEPTH — The average horizontal distance from the front line to the rear lot line; or in the case of a waterfront lot, from the lake frontage line to the street frontage line; or in the case of an acreage lot, from the front right-of-way line to the rear lot line.
DOUBLE FRONTAGE — A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double-frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front. See Figures 3 and 3A.
INTERIOR — A lot other than a corner lot with only one lot line fronting on a street.
WATERFRONT — A lot having frontage directly upon a lake, river, or other reasonably sized impoundment of water. The portion adjacent to the water shall be designated as the water frontage of the lot, and the opposite side shall be designated the street frontage percent of the required lot width.
LOT WIDTH AND LINES —
WIDTH — The horizontal distance between the side lot lines, measured at the two points where the required front yard setback line intersects the side lot lines. For lots fronting on the turn around of a cul-de-sac street the minimum straight line distance between the side lot lines may be reduced to 80%.
LOT LINES — Any line dividing one lot from another or from a right-of-way, and thus constitutes the property lines bounding a lot. See Figure 4 below.
FRONT — In the case of an interior lot, abutting upon one public street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of a double-frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street in the plat and/or in the request for a zoning compliance permit (see "double-frontage lot" and "waterfront lot"). In the case of a corner lot having frontage on more than one street, the corner lot shall be considered as having a front yard for each street front, one designated as the primary front yard and the other designated as the secondary front yard. See Figures 3 and 3A.
REAR — Ordinarily, that lot line that is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular shaped lot, a line 10 feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Planning Commission shall designate the rear lot line. See "double-frontage lot" and "waterfront lot." See Figures 3 and 3A.
SIDE — Any lot line, not a front lot line, or a rear lot line. A side lot line separating a lot from a street is considered a front yard. A side lot line separating a lot from another lot or lots is an interior side lot line. See Figure 4.
STREET or ALLEY — A lot line separating the lot from the right-of-way of a street or an alley, respectively.
MAJOR STREET OR THOROUGHFARE PLAN — The part of the Master Plan which sets forth the location, alignment and dimensions of existing and proposed streets and thoroughfares.
MANUFACTURED HOUSING — A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and bearing the seal that it is built in compliance with the National Manufactured Housing and Construction Standards Code or the State of Michigan Construction Code.
MARIHUANA ADULT USE ESTABLISHMENT or ADULT USE MARIHUANA ESTABLISHMENT or MARIHUANA ESTABLISHMENT — A marihuana grower, marihuana safety compliance establishment, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the Marihuana Regulatory Agency as authorized by the MRTMA. As used in this the following terms are defined:
[Added 6-22-2020 by Ord. No. 832]
EXCESS MARIHUANA GROWER — A special license issued under the Rules promulgated by the Marijuana Regulatory Agency that authorizes the holder of five stacked Class C marihuana grower licenses issued by the Agency under the MRTMA and at least two grower Class C licenses issued by the Agency under the MMFLA.
MARIHUANA GROWER — A person fully licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA MICROBUSINESS — A person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance establishment, but not to other marihuana establishments.
MARIHUANA PROCESSOR — A person licensed to obtain marihuana from marihuana establishments, process and package marihuana, and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA RETAILER — A person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
MARIHUANA SECURE TRANSPORTER — A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
MARIHUANA SAFETY COMPLIANCE ESTABLISHMENT — A person licensed to test marihuana, including certification for potency and the presence of contaminants. All marihuana-related terms utilized in these zoning ordinances shall have the same meaning as provided in the MRTMA unless the term is otherwise defined in this chapter or the context requires a different meaning.
MARIHUANA ESTABLISHMENT SPECIAL LAND USE APPROVAL or APPROVAL — Unless the context requires a different meaning, means special land use approval that is issued pursuant to this chapter that allows the licensee to operate a marihuana establishment as specified in the marihuana establishment special land use approval, which may include the following as specifically allowed in specified zoning districts:
[Added 6-22-2020 by Ord. No. 832]
MARIJUANA REGULATORY AGENCY or AGENCY or MRA — A Type I agency within the Department of Licensing and Regulatory Affairs (the "Department") with the powers as set out in MCLA § 333.27001, including, but not limited to, all of the authorities, powers, duties, functions, and responsibilities of the Department, including its Bureau of Marihuana Regulation, under the MRTMA, 2018 IL 1, MCLA § 333.27951 to 333.27967.
[Added 6-22-2020 by Ord. No. 832]
MASTER DEED — The document recorded as part of a condominium subdivision to which are attached as exhibits and incorporated by reference the approved bylaws for the project and the condominium subdivision plan for the project.
MASTER PLAN — The Comprehensive Land Use Plan for the City, also known as the "Master Plan for Future Land Use," including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings and all physical developments of the City, including any unit or part of such plan separately adopted, and any amendment to such plan or parts thereof adopted by the Planning Commission.
MINI-STORAGE — A building or group of buildings which contain varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the storage of customers' goods or wares.
MOBILE HOME — A structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation as a dwelling when connected to the required utilities, and which includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. A "mobile home" shall not include modular homes, motor homes or travel trailers.
MOBILE HOME CONDOMINIUM PROJECT — A condominium project where mobile homes are intended to be located upon separate sites which constitute individual condominium units pursuant to MCLA § 559.101 et seq.
MOBILE HOME PARK — A parcel or tract of land under the control of a person, upon which three or more mobile homes are located on a continual nonrecreational basis, and which is offered to the public for that purpose, regardless of whether a charge is made, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home, and which is not intended for use as a seasonal trailer park pursuant to MCLA § 125.2301 et seq.
MOBILE HOME SUBDIVISION — A mobile home park, except that the mobile home lots are subdivided, surveyed, recorded and sold in accordance with the Michigan Subdivision Control Act of 1967, MCLA § 560.101 et seq.
MODULAR HOME — A dwelling constructed in conformity with the City's adopted Building Code, which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed and assembled for permanent location on the lot.
MOTELS — Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transients, commonly known as tourist cabins or motor courts, as distinguished from furnished rooms in an existing residential building.
MUNICIPAL MARIHUANA LICENSE — A license issued by the City of Coldwater pursuant to Chapter 880, Marihuana Establishments, of Part Eight, Business Regulation and Taxation Code, of the Code of Ordinances of the City of Coldwater.
[Added 6-22-2020 by Ord. No. 832]
MUNICIPAL PLANNER or PLANNER — The staff planner or consulting planner of the municipality.
MUNICIPALITY — The City of Coldwater.
MUSEUMS, ART GALLERIES and OTHER SPECIAL PURPOSE CULTURAL INSTITUTIONS — A public or private facility operated as a repository or a collection of natural, scientific, or literary curiosities, works of art, or objects of interests. Activities may include the holding of meetings and social events and the sale of related objects and services with such sales area limited to no more than 10% of the floor area.
NONCONFORMING STRUCTURE — A structure lawfully existing at the time of the adoption of this Zoning Code, or any amendment thereto, and which does not conform to the regulations of the district in which it is located.
NONCONFORMING USE — A use which was lawfully made of a structure or land at the time of the adoption of this Zoning Code, or any amendment thereto, and which does not conform to the regulations of the district in which it is located.
ONE-FAMILY or SINGLE-FAMILY RESIDENCE — A building designed for, or occupied exclusively by, one family, and in no case permitting more than three roomers or boarders.
PARCEL or TRACT — A continuous area or acreage of land, which can be described as provided for in the Land Division Act. See 560.103, Section 102, Definitions, paragraph (g).
PARKING AREA — An open area, other than a street or other public way, used for the parking of motor vehicles and available for use whether for a fee or as an accommodation for clients, customers, residents or occupants.
PERSON — An individual, corporation, limited liability company, partnership of any type, trust, or other legal entity and the entities included in the definition of "person" in the MRTMA.
[Amended 6-22-2020 by Ord. No. 832]
PETROLEUM BULK PLANT — An establishment for the storage of petroleum products in bulk or in packages for distribution by tank car, tank vehicle or motor truck.
PLANNED UNIT DEVELOPMENT (PUD) — A form of development usually characterized by the flexible application of zoning district regulations and unified site design for a number of housing units, clustering buildings, providing common open space, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which the City will have considerable involvement in determining the nature of the development.
PLANT — Any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
[Added 6-22-2020 by Ord. No. 832]
PLAT — A map or chart of a subdivision of land. In addition:
PRELIMINARY PLAT (STAGE ONE) — A map indicating the proposed layout of a subdivision in sufficient detail to provide an adequate basis for review and to meet the requirements and procedures set forth in the Subdivision Regulations and this Zoning Code.
PRELIMINARY PLAT (STAGE TWO) — A map showing all requisite details of a proposed subdivision submitted to an approving authority for the purposes of preliminary consideration, prepared in conformity with the Subdivision Act.
FINAL PLAT — A map of all or part of a subdivision providing substantial conformity with the preliminary plat (stage two) of the subdivision, prepared in conformity with the requirements of the Subdivision Act and the Subdivision Regulations and suitable for recording by the County Register of Deeds.
PRINCIPAL USE — The primary or predominant use of any lot.
PRIVATE CLUB OR LODGE — A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
PROPRIETOR — A natural person, firm, association, partnership, corporation or combination of any of them, which may hold any ownership interest in land, whether recorded or not.
PUBLIC RESERVATION — A portion of a subdivision, which is set aside for public use and made available for public use and acquisition.
PUBLIC UTILITY — A person, firm or corporation, or a municipal department, board or commission, duly authorized to furnish, under federal, state or municipal regulations, to the public, gas, steam, electricity, sewage disposal, communication or telegraph service, transportation or water.
PUBLIC WALKWAY — A right-of-way dedicated for the purpose of a pedestrian access through residential areas and located so as to connect to two or more streets or a street and a public land parcel.
RECREATIONAL EQUIPMENT — A vehicle or equipment designed or constructed for the transportation of people, primarily for recreational purposes with or without the benefit of a road or trail, on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain, including, but not limited to, multi-wheel drive or low-pressure tire vehicles, motorcycles and related two-wheeled vehicles and amphibious machines which derive motorized power from a source other than muscle or wind, three- or four-wheel all-terrain vehicles, track-laying vehicles such as snowmobiles, mechanically motorized vehicles for water recreation and vehicles designed and constructed for temporary occupancy thereof as a dwelling for sleeping purposes, such as, but not limited to, motor homes, campers, camper trailers and utility trailers.
RESTAURANT — A business establishment in which a patron purchases food or beverages, which are then prepared upon the patron's order, on the premises, and which are thereafter consumed by the patron while seated in the restaurant.
RESTAURANT (FAST-FOOD CARRY-OUT) — A business establishment wherein food is prepared or cooked on the premises, to be sold in disposable containers or wrappers to patrons, and which is not intended to be consumed on the premises or within a motor vehicle parked on the premises.
RESTAURANT (FAST-FOOD SIT-DOWN) — A business establishment in which a patron purchases food or beverages, which may have been previously prepared, and which are served in disposable containers or wrappers and which the patron consumes while seated in the restaurant.
RETAIL — The selling of goods, wares, or merchandise directly to the ultimate consumer.
RULES — Rules promulgated pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCLA §§ 24.201 to 24.328, by the Department in consultation with the Agency to implement this Act, which shall include, but is not limited to, the Emergency Rules issued under the Administrative Procedures Act on July 3, 2019.
[Added 6-22-2020 by Ord. No. 832]
SCHOOL, ELEMENTARY — Any school licensed by the state and which meets the state requirements for elementary education.
SCHOOL, PRIVATE OR PAROCHIAL — Any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.
SCHOOL, SECONDARY — Any school licensed by the state and which is authorized to award diplomas for secondary education.
SCHOOL, VOCATIONAL — A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.
SETBACK — The minimum required horizontal distance between a building or structure, and the front, side and rear lot lines.
SIGN — A structure that consists of any letter, figure, character, mark, point, illustration, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened or manufactured in any manner whatsoever to direct attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business, or idea, and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. This definition includes the base, frame, and support members of the structure. Customary displays of merchandise or objects and material within an enclosed building or placed behind a store window are not signs.
ABANDONED SIGN — A sign which, for 60 consecutive days, fails to direct a person to or advertise a business, tenant, owner, product, or activity conducted, or product available on the premises where such a sign is displayed. Any sign, or any structure designed to support a sign, not repaired or maintained properly, after notice, pursuant to the terms of Section 1294.09, shall also be considered abandoned.
ANIMATED SIGN — Any sign that uses movement or change of lighting to depict or create a special effect or scene.
AWNING SIGN — A sign that is printed or otherwise affixed to an awning that may be rolled or folded up against the wall to which it is attached.
BALLOON SIGN — Any air- or gas-filled object used as a temporary sign to direct attention to any business or profession, or to a commodity or service sold, offered or manufactured, or to any festival or entertainment.
BANNER SIGN — A sign constructed of cloth, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display.
BILLBOARD — A surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any use of premises wherein it is displayed or posted (an off-premises sign) and is regulated in accordance with the Highway Advertising Act, P.A. 106 of 1972 as amended.
BOX SIGN — A sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment.
BUSINESS CENTER — A grouping of two or more business establishments on one or more parcels of property which may share parking and access and are linked architecturally or otherwise present the appearance of a unified grouping of businesses. A business center shall be considered one use for the purposes of determining the maximum number of freestanding or ground signs.
CANOPY SIGN — Any sign attached to or constructed on a canopy. A canopy is a permanent roof-like shelter extending from part of or all of a building face.
CHANGEABLE-COPY SIGN — A sign or portion thereof with characters, letters, or illustrations that can be physically or manually changed or rearranged without altering the structural integrity of the sign. A sign on which the message changes at a rate of eight seconds or more shall be considered an animated sign and not a changeable-copy sign for purposes of this Zoning Code.
COMMERCIAL MESSAGE — Any sign that contains wording, a logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity.
CONSTRUCTION OR DEVELOPMENT SIGN — A temporary sign that bears the names and addresses of a development, contractors, architects, developers, planners, financial institutions, engineers engaged in the construction project and/or a graphic representation of such development.
DIRECTIONAL SIGN — Any sign which serves solely to direct traffic movement onto or off a premises. Such signs include entrance, exit, or street number.
ELECTRONIC MESSAGE SIGN — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
FLASHING SIGN — Any sign that does not fall within the definition of "electronic message sign" and which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, creates the illusion of motion, or revolves in a manner to create the illusion of alternating on or off.
FREESTANDING SIGN — A sign supported directly by the ground or with support provided by uprights, braces, pylons or poles anchored in the ground that are independent from any building or other structure. For purposes of this Zoning Code, freestanding or monument/ground signs shall include: billboards, monolith, subdivision entranceway, and business signs.
INCIDENTAL SIGN — A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
INTEGRAL SIGN — A sign that may contain the name of the building, date of erection, or take the form of a monumental citation or commemorative tablet. The sign is often carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.
ILLUMINATED SIGN — A sign which is lit by the use of internal or external electrical means, electrical devices and/or wiring. This includes signs with internal lighting, or signs illuminated by the use of attached or unattached external floodlights or light bulbs of any type.
MARQUEE — Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN — A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
MENU BOARD — A sign that is intended to service patrons using a drive-through facility.
MONOLITH SIGN — A three-dimensional, self-supporting, base-mounted, freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted. A "monolith sign" may also consist of a base-mounted cylindrical structure upon which a message is painted or posted.
MONUMENT OR GROUND SIGN — A freestanding sign that has a solid supporting base equal to or greater than the width of the sign face, generally made of stone or concrete, with no separations between the sign and base.
NAMEPLATE — Contains the name of the occupant, address of the premises, and sometimes, in the case of a home occupation, the "occupation." This sign type is attached to a wall and directs traffic to a specific entrance.
NEON SIGN — A sign consisting of glass tubing, filled with neon gas, which glows when electric current is sent through it.
NONCONFORMING SIGN — Signs that are prohibited under the terms of this Zoning Code but were in use and lawful at the date of enactment of this Zoning Code.
OFF-PREMISES SIGN — A third-party sign that advertises goods, products, services, or facilities or that directs persons to a different location from where the sign is installed. Does not include billboards regulated in accordance with the Highway Advertising Act, P.A. 106 of 1972 as amended.
POLITICAL SIGN — A temporary sign relating to the election of a person to public office or relating to a political party or relating to a matter to be voted upon at an election called by a public body.
PORTABLE SIGN — A sign that is not permanently affixed to a building face or to a pole, pylon, or other support that is permanently anchored in the ground. A portable sign is capable of being moved from one location to another. Portable signs include, but are not limited to: signs designed to be transported, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PROJECTING SIGN — A display sign which is attached directly to the building wall or is attached directly to a fence or on the surface of masonry, concrete, frame and which extends more than 15 inches from the face of the fence or wall. A projecting sign is perpendicular or nearly perpendicular to the building surface.
REAL ESTATE SIGN — A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.
ROOF SIGN — Any sign erected that extends above the eave of a building.
SANDWICH OR A-FRAME SIGN — An unattached sign that is comprised of two advertising boards joined at the top by a hinge to form a single sign that is usually set outside on the ground in front of a place of business.
SIGN AREA — The area expressed in square feet, within a single continuous rectilinear perimeter of straight lines enclosing the extreme limits of writing, representations, emblems or figures of a similar character, together with all material or color forming an integral part of the display or used to differentiate the design from the background against which it is placed, provided that:
In the case of a sign designed with more than one exterior face, the area shall be computed as including only the maximum single displayed surface, which is visible from any ground position.
The supports, uprights or structure on which any sign is supported shall not be included in determining the surface display area, unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display.
STREET FURNITURE SIGN — A sign structure that, by its design, invites, entices, encourages or makes itself convenient or available to use by the general public for something more than mere visual attraction to its message. "Street furniture signs" include but are not limited to signage on benches and on table umbrellas used for outdoor, cafe-style dining.
SUBDIVISION ENTRANCEWAY SIGN — A sign depicting the name of a residential, office/service, commercial or industrial subdivision, located at the entrance to such subdivision.
SUSPENDED SIGN — A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGN — Any sign, banner, pennant, valance, balloon, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only. For purposes of this Zoning Code, "temporary signs" may also include: construction signs, political signs, real estate signs, and decoration displays for holidays or public demonstrations.
WALL SIGN — Any sign attached to any part of a building, projecting not more than six inches from the surface. The exposed face of the sign must be in a plane parallel to the wall of the building. The sign must not extend above the height of the wall. For purposes of this Zoning Code, "wall signs" shall include: awning/canopy signs, identification signs, marquee signs, roof and integral roof signs, wall, window, and suspended signs.
WINDOW SIGN — Any sign that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
SINGLE OWNERSHIP — A lot of record on or before the adoption of this Zoning Code, in separate and distinct ownership from an adjacent lot or adjacent lots where such adjacent lot or lots were not at that date owned by the same owner or by the same owner in joint tenancy or tenancy in common with any other person or persons.
SITE CONDOMINIUM — A condominium development containing residential, commercial, office, industrial, multiple uses or other structures, or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. The following additional definitions are provided:
CONDOMINIUM ACT — Act 59, Public Acts of 1978, as amended.
CONDOMINIUM DOCUMENTS — The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws that affect the rights and obligations of a co-owner in the condominium.
CONDOMINIUM LOT — The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended.
CONDOMINIUM UNIT — The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
GENERAL COMMON ELEMENTS — The common elements other than the limited common elements.
LIMITED COMMON ELEMENTS — A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
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 condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.
STORY — That part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.
STORY, HALF — An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet, six inches. For the purposes of this Zoning Code, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
STREET, PRIVATE — Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way for vehicular traffic which is privately owned and maintained and which provides the principal means of access to abutting properties.
STREET, PUBLIC — Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the County Register of Deeds. A "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and lawns. In addition:
BOULEVARD STREET — A street developed to two two-lane, one-way pavements, separated by a median.
COLLECTOR STREET — A street used primarily to carry traffic from minor streets to major thoroughfares.
CUL-DE-SAC STREET — A minor street of short length, having one end open to traffic and being permanently terminated at the other end by a vehicular turnaround.
LOOP STREET — A minor street of short length with two openings to traffic beginning from the same street, projecting parallel to each other and connecting at their termination by a loop.
MAJOR THOROUGHFARE — An arterial street of greater continuity which is intended to serve as a large volume traffic way for both the immediate municipal area and the region beyond, which may be designated on the City's Major Street or Thoroughfare Plan as a major thoroughfare, parkway or expressway, or an equivalent term to identify those streets comprising the basic structure of the street plan.
MARGINAL ACCESS STREET — A minor street, parallel and adjacent to a major thoroughfare, which provides access to abutting properties and protection from through traffic.
MINOR STREET — A street of limited continuity used primarily for access to abutting residential properties.
TURNAROUND — A short boulevard street permanently terminated by a vehicular turnaround.
STRUCTURAL CHANGES OR ALTERATIONS — Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof.
STRUCTURE — Anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
SUBDIVISION — The partitioning or dividing of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, lease of more than one year, or building development, where the act of division creates five or more parcels of land, each of which is 10 acres or less in area; or where five or more parcels of land, each of which is 10 acres or less in area, are created by successive divisions within a period of 10 years.
SUBDIVISION ACT — The Subdivision Control Act, being Act 288 of the Public Acts of 1967, as amended.
TRAILER SALES AREA, BOAT SALES AREA and FARM EQUIPMENT SALES AREA — Areas for the display and retail sale or rental of the described items where no repair work is done, and, in the case of trailers, where trailers are not used as living quarters.
TURNABOUT — An approved circular driveway extending from an authorized curb cut to another such curb cut and including auxiliary parking spaces in excess of those required by this Zoning Code.
USABLE FLOOR AREA — See "floor area, usable."
WHOLESALE — An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers.
WIRELESS COMMUNICATION FACILITIES — All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals shall be wireless communication facilities. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building, and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short-wave facilities, ham, amateur radio facilities, satellite dishes, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this Zoning Code, the following additional terms are defined:
ATTACHED WIRELESS COMMUNICATIONS FACILITIES — 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.
WIRELESS COMMUNICATION SUPPORT STRUCTURES — Structures erected or modified to support wireless communication antennas. "Support structures" within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
CO-LOCATION — 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 antennas within the community.
YARDS — (See Figure 6)
FRONT YARD — The minimum distance between the front line of a building, excluding steps, and the street line, unoccupied and extending for the full width of the lot.
PRIMARY FRONT YARD — On a corner lot, the front yard with the address (main entrance) facing the front street and opposite the rear yard. On a double-frontage lot, the front yard with the address (main entrance) facing the front street. A lot shall have no more than one primary front yard.
SECONDARY FRONT YARD — On a corner lot or double-frontage lot, any front yard other than the primary front yard.
REAR YARD — The minimum distance between the rear lot line and the rear line of the principal building, unoccupied and extending for the full width of the lot, except for that area occupied by an accessory building.
SIDE YARD — The minimum distance between the side lot line and the side line of the principal building, unoccupied and extending for the full length of the lot, except for the area occupied by an accessory building.
ZONING CODE — The City of Coldwater's Zoning Code.