For the purpose of this chapter, certain rules of construction
apply to the text, as follows:
A.
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context indicates the contrary.
B.
The word "person" includes a corporation or firm as well as an individual.
C.
The word "lot" includes the word "plot," "tract," or "parcel."
D.
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
E.
The term "used" or "occupied" as applied to any land or structure
shall be constructed to include the words "intended, arranged or designed
to be used or occupied."
F.
Any word or term not herein defined shall be used with a meaning
of common, standard use.
As used in this chapter, the following terms shall have the
meanings indicated:
Any accessory use includes a building or structure and is
a use clearly incidental to, customarily found in connection with,
and located on the same lot as the principal use to which it is related.
A governmental or nongovernmental establishment having as
its principal function the receiving of adults for foster care. It
includes facilities and foster-care family homes for adults who are
aged, emotionally disturbed, mentally ill, developmentally disabled,
or physically handicapped who require supervision on an ongoing basis
but do not require continuous nursing care. "Adult foster-care facility"
does not include the following: a nursing home or hospital as defined
by Act 368 of 1978;[1] a hospital for the mentally ill as defined by Act 258
of 1974;[2] a county infirmary as defined by Act 280 of 1939;[3] a child caring institution, children's camp, foster
family home, or foster family group home for children as defined by
Act 116 of 1973, as amended, being MCLA §§ 722.111
to 722.128; an establishment commonly described as an "alcohol or
a substance abuse rehabilitation center"; a veterans' facility as
defined by Act 152 of 1885;[4] a residential facility for persons released from or assigned
to adult correctional institutions; a maternity home; a hotel or rooming
house; or a residential facility licensed by the state to care for
four or fewer minors.
A private resident with approved capacity to receive not
more than six adults, who shall be provided foster care for five or
more days a week and for two or more consecutive weeks. The adult
foster-care family home licensee shall be a member of the household
and an occupant of the residence.
An adult foster-care facility with the approved capacity
to receive at least 13 but not more than 20 adults, who shall be provided
foster care.
An adult foster-care facility with the approved capacity
to receive at least seven but not more than 12 adults, who shall be
provided foster care. An adult foster-care small group home licensed
to receive more than six adults and large group home as a special
use in Zones R-1, R-2 and B-1. An adult foster-care family home and
adult foster-care small group home licensed to six or less adults
as a use by right in any residential zoning district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For the purpose of this chapter, the following definitions
shall apply:
ADULT BOOKSTOREAn establishment permitting physical access by customers to floor area or shelf space which is devoted to the display of books, magazines or other periodicals, video tapes, photographs, or motion picture films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined by this chapter. This definition also includes any establishment which indicates the availability of such material by any sign, advertisement, or other device audible or visible from anywhere outside the principal building, regardless of the amount of area devoted to said materials. See § 300-74C(10).
ADULTS-ONLY BUSINESSAny business, club, or other organization wherein one of more persons display specified anatomical areas or engage in specified sexual activities as defined by this chapter, either in person or by photograph, internet, digital transmission, motion picture, television, or other type of image. Further, this definition includes the following terms as defined by this chapter: "adult bookstore," "adult theater," "massage parlor," and "public bath." See § 300-74C(10).
ADULT-RELATED BUSINESSAny activity described in any of the subsections of this definition and any other business having an employee or entertainer, in person or by motion picture, television, videotape, hologram, magazine or other type of image, including the internet or other web-based technology, displaying any specified anatomical area or engaging in any specified sexual activity.
ADULT THEATERAny establishment presenting material or activity distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined by this chapter for observation by patrons or customers. See § 300-74C(10).
Any dedicated public way other than a street which provides
only a secondary means of access to abutting property and is not intended
for general traffic circulation.
A road so constructed as to meet the Midland County Road
Commission specifications and receive certification of approval by
the Midland County Road Commission.
A residential facility, licensed by the State of Michigan, with
a homelike setting that provides an array of coordinated, supportive
personal and health care services, available 24 hours per day, to
residents who have been assessed under Michigan Department of Health
and Human Services rules to need any of these services. Each resident
shall have a service plan based on the assessment, which may include:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An establishment being housed in a building or portion thereof,
together with the necessary equipment used for the general repair
of automobiles, engine rebuilding, rebuilding or reconditioning of
motor vehicles, collision service and painting or undercoating of
automobiles.
An establishment being housed in a building or portion thereof,
together with the necessary equipment used for the direct retail sale
of gasoline or any other engine fuel, kerosene, or motor oil and lubricants
or grease, and including the sale of minor accessories and the servicing
of and minor repair of automobiles. For the purposes of this chapter,
an "automobile service station" may include uses accessory to the
station itself, including a market or convenience store, food service,
and other such similar uses.
A story of a building having part but not more than 1/2 of
its height above finished grade. A basement shall be counted as a
story for the purpose of height measurement if the vertical distance
between the ceiling and the average level of the adjoining ground
is more than five feet or if used for business or dwelling purposes.
A man-made, formed, earthen mound of definite height and
width used for obscuring purposes. In a residential district, a berm
shall be no greater than six feet in height and side slopes shall
be no steeper than four feet horizontal and one foot vertical.
The property abutting one side of a street and lying between
the two nearest intersecting or intercepting streets, or between the
nearest intersecting or intercepting street and physical barrier such
as a railroad right-of-way, park, river channel or unsubdivided acreage.
A structure erected on site, a mobile home or mobile structure,
a premanufactured or precut structure, above or below ground, designed
primarily for the shelter, support or enclosure of persons, animals
or property of any kind.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing, or enclosure of persons, animals,
or property. This shall include tents and trailer coaches.
A line defining the minimum front, side or rear yard requirements
outside of which no building or structure may be located.
The line that coincides with the face of the building nearest
the front line of the lot. This face includes sun parlors and enclosed
porches but does not include steps. Said line shall be parallel to
the front lot line and measured as a straight line between the intersecting
points with the side yard.
The vertical distance measured from the mean elevation of
the finished grade line of the ground about the front of the building
to the highest point of the roof for flat roofs; to the deckline of
mansard roofs; and to the mean height level between eaves and ridge
for gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which it is located.
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by a group of
physicians, dentists or similar professionals.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational, artistic, political,
or social purposes, which are not conducted primarily for gain and
which do not provide merchandise, vending, or commercial activities,
except as required incidentally for the membership and purpose of
such club.
Any self-propelled or towed motor vehicle used on a highway
in interstate commerce to transport passengers or property when the
vehicle:
Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 4,536
kg (10,001 pounds) or more, whichever is greater; or
Is designed or used to transport more than eight passengers
(including the driver) for compensation; or
Is designed or used to transport more than 15 passengers, including
the driver, and is not used to transport passengers for compensation;
or
Is used in transporting material found by the Secretary of Transportation
to be hazardous under 49 U.S.C. § 5103 and transported in
a quantity requiring placarding under regulations prescribed by the
Secretary under 49 CFR, Subtitle B, Chapter I, Subchapter C.
Any establishment from which services are provided for building
construction, building repair or building equipment installation or
repair, such as, but not limited to flooring, heating and plumbing.
A building wherein infirm or incapacitated persons are furnished
shelter, care, food, lodging and needed attention for a compensation
as regulated by state ordinance.
Open, unoccupied spaces other than yards on the same lot
with a building.
COURT, INNERAn open, unoccupied space not extending to the street or front or rear yard.
COURT, OUTERAn open, unoccupied space opening upon a street, alley, yard or setback.
The percentage of the plat or lot covered by the building
area.
A street with only one outlet, having sufficient space at
the closed end to provide a vehicular turning area.
Any area within the community having common status with those
identified in this chapter.
A business establishment so developed that its retail or
service character is dependent on providing a driveway approach or
parking space for motor vehicles so as to serve patrons while in their
motor vehicles, or within a building on the same premises and devoted
to the same purpose as the drive-in services.
A business establishment so developed that its retail or
service character is dependent on providing pickup, drive-up window,
delivery to vehicle or other similar services while receiving or delivering
goods or services.
A multiple-family dwelling is a residential building designed
for or occupied by three or more families with the number of families
in residence not exceeding the number of dwelling units provided.
A building or portion thereof, designed for occupancy by
one family for residential purposes and having interior cooking facilities.[5]
A two-family dwelling is a detached residential building
containing two dwelling units, designed for occupancy by not more
than two families. These may also be known as "duplexes."
Public and private elementary and secondary schools and institutions,
provided that none are operated for profit. Auditoriums and other
places of assembly and centers for social activities, including charitable
and philanthropic activities other than activities conducted as a
gainful business or of a commercial nature.
An individual or group of two or more persons related by blood,
marriage, or adoption, together with foster children and servants
of the principal occupants, with not more than one additional unrelated
person, who are domiciled together as a single, domestic, housekeeping
unit in a dwelling unit or;
A collective number of individuals domiciled together in one
dwelling unit whose relationship is of a continuing, nontransient,
domestic character and who are cooking and living as a single, nonprofit,
housekeeping unit. This definition shall not include any society,
club, fraternity, sorority, association, lodge, coterie, organization,
or group of students or other individuals whose domestic relationship
is of a transitory or seasonal nature or for an anticipated limited
duration of a school term or other similar determinable period.
A tract of land which is directly devoted to agricultural
purposes, including establishments operated as greenhouses, nurseries,
orchards, chicken hatcheries or apiaries; but establishments keeping
or operating fur-bearing animals, riding or boarding stables, kennels,
quarries or gravel or sand pits shall not be considered farms hereunder
unless combined with a bona fide farm operation on the same contiguous
tract of land of not less than 20 acres.
A decorative fence is intended to enclose a parcel or portion of a parcel in a decorative manner and is not necessarily intended to preclude or inhibit entry or vision into the property. Examples of decorative fences include split rail, wrought iron and similar fences that are visually transparent and/or readily breached. The Building Inspector and/or Zoning Administrator may determine that a fence is decorative and is thereby exempt from restrictions under the provisions of § 300-8C.
A functional fence is intended to enclose a parcel or portion
of a parcel to prevent or make difficult entry by animals, persons
or vehicles. Such a fence may also be visual screen. Chain link, masonry,
stockade and similar types of fences are examples of functional fences.
A device or structure or equipment that is designed, intended,
or used to provide heat and/or heated fluids; operates by the burning
of wood, corn, pellets or other solid fuel; and is located exterior
from the principal structure or any accessory structure.
Any business carried on by one or more members of family
residing on the premises, provided it:
Be operated within the principal dwelling;
Not more than one employee not living in the dwelling;
Not involve alteration or construction not customarily found
in a dwelling;
Not use any mechanical equipment except that which is used normally
for domestic or household purposes;
Not use more than 25% of the total actual floor area of the
dwelling.
Not generate traffic in such a manner that is considerably more
than the trips generated from a typical residential dwelling.
Must be registered with the Township Clerk.
An institution for the diagnosis, treatment or care of aged,
sick or injured people. The term "hospital" shall include "sanitarium,"
"rest home," "nursing home" and "convalescent home."
Animals ordinarily permitted in Michigan residences and kept
for the company or pleasure of Michigan residents, such as domesticated
dogs, domesticated cats, and domesticated birds. Household pets also
include tropical fish, amphibians, reptiles, or invertebrates of a
number that do not constitute a health hazard or nuisance, and can
be safely and humanely kept in aquariums, cages, or enclosures, the
cumulative size of which shall not exceed 50 cubic feet per household.
Household pets shall not exceed six dogs or cats or combination thereof
over the age of four months, nor more than six birds. Furthermore,
household pets shall not include exotic, pygmy, or dwarf variations
of animals defined as either wild animals or livestock, including
but not limited to miniature horses, pygmy goats, and Vietnamese potbellied
pigs.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses.
Hospitals, sanitariums, nursing or convalescent homes, homes
for the aged and philanthropic and charitable institutions, but excluding
institutions for drug and alcohol rehabilitation.
A place where junk, waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes automobile wrecking yards; and two or more inoperative, unlicensed vehicles shall be constructed to be a junkyard. Refer to Chapter 164, Junkyards, of the Code of the Charter Township of Midland.
Any normally domesticated animal that is ordinarily kept
on a farm, such as cattle, swine, sheep, goats, mules, burros, horses,
geese, ducks, turkeys, llamas, etc.
An off-street space at least 10 feet wide, 25 feet long and
15 feet high; either within a building or outside on the same lot,
provided, maintained and available for the loading or unloading of
goods or merchandise and having direct and unobstructed access to
a street or alley.
A parcel of land subject to the provision of this chapter
and upon which a main building and accessory buildings may be constructed.
CORNER LOTA lot which has to least two contiguous sides abutting upon a street for their full length, and provided the two sides intersect at an angle of not more than 135°.
FLAG LOTA lot with a developable area connected to a street or road by a narrow strip of land that includes a driveway.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
INTERIOR LOTA lot other than a corner lot.
THROUGH LOTAn interior lot having frontage on two streets which do not intersect at a point contiguous to such lot.
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The total horizontal area within the lot lines of the lot.
The lines abutting a lot as defined herein and understood
to be on an approved road.
LOT LINE, FRONTThat line separating the lot from the street. In the case of a corner lot or through lot, the lines separating the lot from each street.
LOT LINE, REARLot line which is opposite the front lot line. In the case of a corner lot, the rear lot line may be opposite either front lot line, but there shall only be one rear lot line. In the case of a lot with side lot lines converging at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 20 feet long, lying farthest from the front lot line and wholly within the lot.
LOT LINE, SIDEAny lot line not a front line or not a rear lot line.
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A parcel of land, the dimensions of which are shown on a
document or map on file with the Midland County Register of Deeds
or in common use by county and community officials and which actually
exists as shown, or, any part of such parcel held in a record of ownership
separate from that of the remainder thereof.
The width measured along the front line or street line on
an approved road.
A "mobile home" is a structure, transportable in one or more
sections, which is built on a chassis and designed to be used as a
residential dwelling with permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained in the structure, the construction
of which shall comply with the United States Department of Housing
and Urban Development (HUD) Mobile Home Construction and Safety Standards,
CFR 24, Part 3280, which have been designed for and are intended to
be employed as dwellings for residential occupancy on an extended,
rather than transient, basis. Manufactured homes are not considered
recreational vehicles or mobile travel trailers.
A parcel or tract of land under the control of a person upon
which three or more mobile homes are located on a continual, no-recreational
basis and which is offered to the public for the purpose, regardless
of whether a charge is made therefor, 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 temporary trailer park.
The use of cannabis and its constituent cannabinoids, such
as tetrahydrocannobinol (THC) and cannabidiol (CBC), as medical therapy
to treat disease or alleviate symptoms.
A building or group of buildings, whether detached or in
connecting units, used as individual sleeping or dwelling units designed
primarily to accommodate transients and their automobiles. The term
"motel" shall include buildings designed as "auto courts," "tourist
courts," "motor courts," "motor hotels" and similar appellations which
are designed as integrated units of individual rooms under common
ownership.
A building, structure or use of land existing at the effective
date of this chapter, or amendments thereto, and which does not conform
to the regulations of the district or zone in which it is situated.
A visual barrier between adjacent areas or uses. The screen
may consist of opaque structures, such as a wall or fence, or living
plant material.
A commercial use, typically seasonal or short-term in nature,
with no fixed, permanent structure, including farmers' markets, flea
markets, and similar uses.
An open area which is designed and intended to provide light
and air and is designed for providing separation of uses, or for environmental,
scenic or recreational purposes. An area of usable open space shall
have a slope not exceeding 10%, shall have no dimension of less than
10 feet, and may include, but is not limited to, landscaping, walks,
active and passive recreation areas, playground, wooded areas, water
features and decorative objects such as art work or fountains. Open
space shall not be deemed to include driveways, parking lots, or other
surfaces designed or intended for vehicular travel.
Any articles not concealed from public view in an enclosed
structure, including accessory buildings. Placement of an article
under a carport or porch, where it is visible from the street or public
right-of-way, shall be considered outdoor storage.
An off-street space of at least 180 square feet exclusive
of necessary driveways, aisles or maneuvering areas suitable to accommodate
one motor vehicle and having direct unobstructed access to a street
or alley.
An area of minimum size, as specified by ordinance, to be
planned and developed as a single entity containing one or more residential
clusters or planned unit residential developments and one or more
public, quasi-public, commercial or industrial areas in such ranges
of ratios of nonresidential uses to residential uses as shall be specified.
The main use to which the premises are devoted and the principal
purpose for which the premises exists.
Publicly owned and operated buildings, public utility buildings
and structures, transformer stations and substations and gas regulator
stations.
Any person, firm, corporation, municipal department or board,
fully authorized to furnish to the public electricity, gas, steam,
telephone, telegraph, cable television, transportation, water or sewerage
services.
Includes but is not limited to boats, golf carts, all-terrain
vehicles, snowmobiles, horse trailers, jet skis, campers and motor
homes, utility trailers and all similar trailers and other such equipment
used for the purposes of hauling equipment, materials and other such
items.
A street, alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
The line which forms the outer limits of a road right-of-way
or easement, and which forms the line from which all setbacks and
front yards are measured, unless otherwise specified in this chapter.
A temporary structure erected on property adjacent to a public
road for the sale of products chiefly produced on the property, provided
such use shall not constitute a commercial district and not be deemed
a "commercial activity."
A tract of land developed, designed, and operated to accommodate
general types of solid waste, including but not limited to garbage,
rubbish, soils, and concrete, but excluding hazardous waste.
The construction, alteration or maintenance by private companies
or public departments or agencies of the various transmissions, distribution
or disposal systems that are essential for the preservation of the
public health, safety or general welfare, such as gas, electricity,
telephone, water and sewer. Also, this term includes all poles, wires,
mains, drains, sewers, pipes, cables, traffic signals, hydrants and
other similar equipment or accessories reasonably necessary to provide
adequate services of said companies or agencies; but the term shall
not include buildings or utility substations. This definition shall
not include sanitary landfills, recycling centers, or nonpublic utility
transfer stations, or buildings not reasonably necessary to house
the foregoing.
A name identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land which is intended to direct attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices, nor shall it include the flag, political unit or school. A sign shall not include a sign located completely within an enclosed building. (See Article V.)
ABANDONEDA sign shall be deemed "abandoned" if:
It does not display a well-maintained structure or sign face
for a consecutive 120-day period;
The owner of the sign cannot be located at the owner's
last known address, as reflected on the records of the department;
A structure designed to support a sign no longer supports the
sign for a period of 120 consecutive days; or
Any sign not repaired or maintained properly, after notice,
pursuant to the terms of this section.
AREA OF SIGNThe entire area within a circle, triangle, parallelogram, or other geometric configuration enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed and any numbers displaying the address of the use.
AWNING (CANOPY) SIGNAny sign attached to or constructed on an Awning or canopy. An "awning" or "canopy" is a permanent, rooflike shelter extending from part of or all of a building face.
CONSTRUCTION SIGNA sign containing identifying information concerning construction activity in progress on the premises on which the sign is located, such as the name of the future occupant or business, development name, type of development, name of the developer, and names of architects, engineers, contractors and lenders involved in the construction activity.
ELECTRONIC MESSAGE BOARDVideo terminal or electronic changeable copy sign in which the copy or animation consists of an array of lights activated and deactivated simultaneously.
FREESTANDING SIGNA sign supported by one or more uprights, braces, pylons, or foundation elements located in or upon the ground and not attached to a building.
MARQUEEAny hood, canopy, awning, or permanent construction that projects from a wall of a building.
MONUMENT SIGNA freestanding sign, where the base of the sign structure is permanently in the ground or integrated into landscaping or other solid structural features.
WALL SIGNA sign attached to, painted upon, placed against, or supported by the exterior surface of any building. Wall signs also include marquees and canopy signs.
PROJECTIONThe distance by which a sign extends over public property or beyond the building line.
ROOFLINEEither the high point of the roof or the top of the parapet, whichever forms the top line of the building silhouette, and where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
SIGN, ELECTRICAny sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.
SIGN, PROJECTINGA sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, ROOFA sign located on or above the roof of any building.
SIGN, TEMPORARYA banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be displayed for a limited period of time.
SIGN, WALL-FLATOne affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than 12 inches at all points.
The total area within the property lines, excluding street
rights-of-way.
The term applied to a use which may be permitted by the application
for an issuance of a special use permit by the Planning Commission.
Specified procedures and requirements, as outlined in cited sections,
must be complied with prior to issuance of said permit.
Human genitals in a state of stimulation or arousal.
Acts of human or animal masturbation, sexual intercourse (homosexual
or heterosexual), or sodomy.
Fondling of or erotic touching of human genitals, pubic region,
buttock or female breast.
Bestiality.
Fellatio and cunnilingus.
Human excretory function.
An accessory building in which horses are kept for private
use and not for hire.
A partial story under a gable, hip or gambrel roof, the wall
plate of which on at least two opposite walls are not more than four
feet above the floor of such story. A half story containing independent
apartments of living quarters shall be counted as a full story.
The vertical distance from the top surface of one floor to
the top surface of the next above. The height of the topmost story
is the distance from the top surface of the floor to the top surface
of the ceiling joists.
A public thoroughfare which affords the principal means of
access to abutting property.
The right-of-way line.
An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together.
Any trailer or motor home used for human shelter and designed
to be transportable and not attached to the ground, to another structure
or to any utilities system on the same premises.
Residential towers, masts, antennas and satellite receiving
devices or television towers, radio antennas which are for the personal
use of and which are part of the personal family living unit and which
do not grossly exceed the rooflines of one-family dwellings.
Commercial towers, masts, antennas and satellite receiving devices
shall include those structures which are normally thought of as of
a commercial nature and having heights which exceed the roofline of
one-family dwellings.
Radio and television stations, towers, masts, satellite receiving
devices and aerials, as defined in this chapter, shall be a distance
not less than the height of such structures from all property lines.
A vehicle which cannot be driven upon the public streets
for reasons, including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The employment or occupation of a building, structure or
land for service, benefit or enjoyment.
A modification of the literal provisions of this chapter
granted by the Zoning Board of Appeals when strict enforcement thereof
would cause undue hardship, owing to circumstances unique to the specific
property on which the modification is granted.
Any anima, which is wild by nature and not customarily domesticated
in the State of Michigan.
An open space on the same lot with a building, unobstructed
from the ground upward, except as otherwise provided herein. The measurement
of a yard shall be constructed as the minimum horizontal distance
between the lot line and the building line.
YARD, FRONTA yard extending across the front of a line between the side lot lines and measured between the front line of the lot and the nearest point of the main building or land use.
YARD, REARAn open space on the same lot with a main building, unoccupied except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, and the rear line of the building.
YARD, SIDEAn open, unoccupied space on the same lot with the building, situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a front line or a rear line shall be deemed a "sideline."
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Required yard depth or width shall be measured in a horizontal
plane and at right angles from the lot line in question or an extension
thereof.
The sale of merchandise, household goods, domestic items
or other articles, whether in new or used condition, in a residentially
zoned area, whether for profit, barter or community service in an
open yard, garage, basement or elsewhere on the property.
A permit granted pursuant to this chapter to allow development
or use of a specific project on a specific site under the terms of
the permit. Required prior to obtaining a building permit.
