The purpose of this chapter is to establish rules for the interpretation
of the text of this chapter, to define certain words and terms, and
to provide for the interpretation of this chapter by adoption of a
technical dictionary. Certain words and terms which may not appear
in this chapter, but which have special application may be defined
in other articles to which they apply.
A.
If the meaning of this chapter is unclear in a particular circumstance,
the Zoning Board of Appeals (ZBA) shall construe the provision to
carry out the intent of this chapter if such can be discerned from
other provisions of this chapter or law.
B.
All words and phrases used in this chapter shall be construed and
understood according to the common preferred usage of the language,
but technical words and phrases and such as may have acquired a peculiar
and appropriate meaning in the law shall be construed and understood
according to such peculiar and appropriate meaning.
C.
Words used in the present tense shall include the future tense, words
used in the singular shall include the plural, and words in the plural
number shall include the singular, unless the context clearly indicates
and stipulates the contrary.
D.
The words "person," "proprietor," "property owner," and "operator"
shall include any recognized form of legal entity.
E.
The words "property," "lot," "parcel," "real estate," "premises,"
"plot" and "land" shall be interpreted to mean real property as delineated
and described by legal documents and instruments.
F.
The word "road" shall also mean "highway," "street," "alley," "drive,"
"cul-de-sac," or other public thoroughfare.
G.
The word "building" shall include the word "structure."
H.
The words "used" or "occupied," when applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be used or occupied."
I.
The words "shall" and "required" are always interpreted as mandatory
and never as permissive or discretionary.
J.
The word "may" shall be interpreted as permissive or discretionary.
K.
Unless the context clearly indicates the contrary, the conjunctions
noted below shall be interpreted as follows:
(1)
"And" indicates that all connected items, conditions, provisions,
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions
or events may apply singularly or in any combination.
(3)
"Either . . . or" indicates that the connected items, conditions,
provisions or events shall apply singularly but not in combination.
L.
In computing the number of days, the first day is excluded and the
last day is included. If the last day of any period during which an
application, filing, or request is required to be made to the City
or other governmental agency is a Saturday, Sunday, or legal holiday,
the period is extended to include the next day which is not a Saturday,
Sunday, or legal holiday.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A building or structure located on the same lot as the principal
building or structure, the use of which is incidental or secondary
to the principal building or use.
A use of land or of a building or portion of a building which
is customarily and naturally incidental to, subordinate to, and devoted
exclusively to the principal use of the land or building and located
on the same lot with the principal use.
A structure added to the existing structure after the completion
of the existing structure which extends or increases the floor area,
or height of a building or structure.
Any structure constructed for residential purposes that is
licensed by the State of Michigan pursuant to Public Act 218 of 1979.[1] These acts provide for the following types of residential
structures:
ADULT FOSTER CARE SMALL GROUP HOMEA facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ADULT FOSTER CARE LARGE GROUP HOMEA facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ADULT FOSTER CARE FAMILY HOMEA private residence with the approved capacity to receive six or fewer adults to be provided with foster care for 24 hours a day for 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.
A facility other than a private residence, which provides
care for more than six adults for less than 24 hours a day.
Includes adult bookstores or video stores, adult motion-picture
theaters, adult mini-motion-picture theaters, adult motels, adult
nightclubs, and massage parlors. These terms and related terms shall
have the following additional meanings:
ADULT ARCADEAny place to which the public is permitted or invited wherein cash-operated, credit-operated, coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of "sexually explicit activities" or "specified anatomical areas."
ADULT BOOKSTORE, VIDEO STORE, or NOVELTY STOREA commercial establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:
Books, computer diskettes, tapes or hard drives, magazines,
periodicals or other printed matter or photographs, films, motion
pictures, video matter or photographs, cassettes or video reproductions,
slides or other visual representation which depict or describe sexually
explicit activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with sexually explicit activities; or
Items, materials, gimmicks, or paraphernalia depicting, displaying,
advertising or packaged as sexually explicit activities or depict
or describe specified anatomical areas.
An establishment may have other principal business purposes
that do not involve the offering for sale, rental or viewing of materials
depicting or describing sexually explicit activities or specified
anatomical areas, and still be characterized as an adult bookstore,
adult novelty or retail store or adult video store. Such other business
purposes will not serve to exempt such establishment from being categorized
as an adult bookstore, adult novelty store or adult video store, so
long as the establishment falls within the definition of an adult
bookstore, adult novelty store or adult video store as set forth above.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment, whether or not alcohol is served, which regularly features:
Persons who appear in a state of restricted nudity;
Live performance which are characterized by the partial exposure
of specified anatomical areas; or
Films, motion pictures, video cassettes, compact discs, slides
or other photographic reproductions which are characterized by the
depiction or description of sexually explicit activities or specified
anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmission,
films, motion pictures, videocassettes, compact discs, slides or other
photographic reproductions which are regularly characterized by the
depiction or description of sexually explicit activities or specified
anatomical areas; and which advertises the availability of this adult
type of material by means of a sign, visible from the public right-of-way,
or by means of any off-premises advertising, including, but not limited
to, newspapers, magazines, pamphlets or leaflets, radio, internet
or television;
Permits patrons to be filmed or photographed performing sexually
explicit activities or displaying specified anatomical areas for electric
transmission over the World Wide Web;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by the performance of sexually explicit activities. This definition does not include a theater which features occasional live nude performances with serious literacy, artistic or political value and which has no adverse secondary effects.
ADULT USE BUSINESS or SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore, adult novelty or retail store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude modeling studio and/or a sexual encounter establishment or any business determined by the Building Official, City Manager, and/or the Director of Public Safety, to be an adult use because of the similarities in the characteristics and activities of the business with regulated adult business uses, such as nudity, semi-nudity, exposure of sexually explicit activities and/or specified anatomical areas. The definition of "adult use business" or "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
ENTERTAINERA person who performs some type of activity or pose with the intent of allowing others to witness that activity or pose.
ESCORTA person who, for consideration in any form, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing and the performance of a dance or skit. Under this definition, "privately" shall mean a performance for an individual or that individual's guests.
ESCORT AGENCYA person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
ESTABLISHMENTAs used in relation to any adult use the term shall mean any of the following:
LICENSEEThe individual listed as an applicant on the application of a sexually oriented business license, or a person whose name appears on a license to operate an adult use business.
MANAGERAn operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees, or is otherwise responsible for the operation of the sexually oriented business.
MASSAGEThe treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefor. For purposes of this chapter, the term "bodywork" shall mean massage.
NUDE MODEL STUDIOAny place where a person appears in a state of nudity or displays specific anatomical areas, and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include a modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the State of Michigan.
NUDITY or A STATE OF NUDITYThe appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
OPERATORAs used in relation to any adult use, the term shall mean the owner, licensee, manager or person in charge of any premises.
PEEP BOOTHAn adult motion-picture theater with a viewing room or cubicle of less than 150 square feet of floor space.
PREMISESAs used in relation to any adult use, the term shall mean any premises that requires registration as a sexually oriented business license and that is classified as a sexually oriented business.
The devotion of a significant or substantial portion of its
stock-in-trade or interior floor space, meaning at least 30% of the
floor area;
The receipt of 50% of more of its revenues from the sale of
the items listed above; or
The devotion of a significant or substantial portion of its
advertising expenditures to the promotion of the sale, rental or viewing
of books, magazines, periodicals or other printed matter, or photographs,
film, motion pictures, videocassettes, compact discs, slides or other
visual representations, items, materials, gimmicks, or paraphernalia
which are characterized by the depiction, description, display, advertising
or packaging of sexually explicit activities or specified anatomical
areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers a place where two or more persons may congregate, associate or consort for the purpose of sexually explicit activities or the exposure of specified anatomical areas for any form of consideration, including, but not limited to:
Physical contact in the form of wrestling or tumbling between
persons of the same or opposite sex;
Activities when one or more of the persons is in a state of
nudity or seminudity; or
Permits patrons to display or be filmed or photographed performing
sexually explicit activities or displaying specified anatomical areas
for recording or transmission over the World Wide Web or any other
media.
SEXUALLY EXPLICIT ACTIVITIESAny of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including,
but not limited to, intercourse, oral copulation or sodomy;
Masturbation, actual or simulated;
Any activity intended to arouse, appeal to or gratify a person's
lust, passions or sexual desires;
The display of human genitals in a state of sexual stimulation,
arousal or tumescence; or
SPECIFIED ANATOMICAL AREASAny of the following:
Less than completely and opaquely covered human genitals, pubic
region or pubic hair, buttock, or female breast or breasts of any
portion thereof that is situated below a point immediately above the
top of the areola, or any combination of the foregoing; or
Human genitals in a state of sexual arousal, even if opaquely
and completely covered.
SIGNIFICANT OR SUBSTANTIAL PORTIONThirty percent or more of the term modified by such phrase.
The use of land for tilling the soil, raising tree or field
crops, or animal husbandry as a source of income.
Any modification, remodeling, change or rearrangement in
the structural or supporting members such as bearing walls, columns,
or girders, as well as any change in the doors or windows which affect
the means of egress which is undertaken without adding to the floor
area height or physical size of the building or structure.
The transport via ambulance for medical emergencies that
may operate 24 hours.
[Added 11-19-2018]
DOMESTIC (PET)An animal that is commonly considered capable of being trained or is capable of adapting to living in a human environment and which is not likely to bite without provocation nor cause death, maiming or illness to human beings, including bird (caged), fish, rodent (bred, such as a gerbil, rabbit, hamster or guinea pig), cat (domesticated), lizard (nonpoisonous), and dog. Exotic animals and animals bred, raised or boarded for commercial purposes shall not be considered domestic animals.
EXOTICAny animal from a species which is not commonly domesticated or kept as livestock, or which is not native to the State of Michigan, or a species which is of wild or predatory character, or which because of size, aggressive or vicious characteristics would constitute an unreasonable danger to human life or property if not kept, maintained or confined in a safe and secure manner, including any hybrid animal that is part exotic animal including elephants, rhinoceroses, lions, tigers, leopards, panthers, cheetahs, cougars, jaguars, lynx, mountain lions, puma, badgers, bears, bobcats, coyotes, snakes, crocodiles, alligators, seals, sharks, wolves and primates such as baboons, orangutans, chimpanzees, monkeys and gorillas.
LIVESTOCKAny of various bird or animal breeds, domesticated so as to live and breed in a tame, docile, tractable condition useful to man, including horses, ponies, mules, donkeys, cattle, sheep, goats, buffaloes, llama, ostriches, chickens, ducks, geese, turkeys and swine.
A building or part thereof used for animal funeral/disposal
services. Services that may be included are preparation of the dead
for burial, storage of caskets, funeral urns, and other related funeral
supplies.
[Added 7-6-2021]
See "nursing home."
To fasten or physically join an item to a structure such
as attaching an antenna to a tower or joining two structures together,
such as attaching a garage to a house.
A building or portion thereof containing facilities for washing
more than two automobiles, using production line methods. The use
of personnel for one or more phases of this operation in conjunction
with or without complete automatic or mechanical devices does not
alter its classification. For the purpose of this chapter, coin-operated
devices operated on a self-service basis shall be construed to be
the same.
The general repair, engine rebuilding, rebuilding or reconditioning
of motor vehicles; collision service, such as body, frame or fender-straightening
and repair; overall painting and undercoating of automobiles.
Repairs other than major repair, including engine tune-up,
muffler shops, shock absorber replacement shops, undercoating shops
and tire stores.
Any business establishment that sells or leases new or used
automobiles, trucks, vans, trailers, recreational vehicles, boats,
or motorcycles or other similar motorized transportation vehicles.
Automobile sales may include an inventory of the vehicles for sale
or lease either on-site or at a nearby location and may provide on-site
facilities for the repair and service of the vehicles sold or leased
by the establishment.
A place for the dispensing, sale or offering for sale of
motor fuels directly to users of motor vehicles, together with the
sale of minor accessories and services for motor vehicles, but not
including major automobile repair.
A use is an arcade with bar and restaurant services.
[Added 12-19-2022]
That portion of a building which is partly below and partly
above grade, and having at least half its height below grade.
|
A use within a detached single-family dwelling in which transient
guests are provided a sleeping room, breakfast and access to bathing
and lavatory facilities in return for payment.
The provision by prearrangement of meals and lodging for
a definite period of time for compensation in a residential dwelling.
A restaurant that prepares handcrafted natural beer as an
accessory use intended for consumption on the premises. Production
capacity shall be limited to not more than 5,000 barrels per year.
Such accessory use may occupy up to 30% of the gross floor area of
the restaurant.
The space remaining within a lot after the minimum setback
and open space requirements of this chapter have been met.
 |
A combination of material, whether portable or fixed, forming
a structure having a roof supported by columns or by walls affording
a facility or shelter for use or occupancy by persons, animals, or
property.
The three-dimensional buildable area within which a structure
is permitted to be built on a lot and which is defined by regulations
governing building setbacks, maximum height, and bulk.
The officer or other designated authority charged with the
administration and enforcement of the City Building Code,[2] or his/her duly authorized representative.
An authorization issued by the Building Official to move,
erect or alter a structure within the City.
A building in which is conducted the primary use of the lot
upon which it is situated.
Any premises for the transient housing or parking of motor
driven buses, and the loading and unloading of passengers.
Shall be as defined in Section 12501 of Public Act No. 368
of 1978 (MCLA § 333.12501 et seq.).
Any overhead protective structure which is constructed in
such a manner as to allow pedestrians/vehicles to pass under.
A privately or publicly owned property which provides perpetual
care of grounds used solely for the interment of human beings or customary
household pets.
A written document received from the Building Official stating
that the City Building Code, as amended, and this chapter have been
complied with as they apply to the construction of a building or structure
and the use of a lot and that the building may now be occupied for
its declared purpose.
A use of a building, structure or parcel of land, or portion
of a building, structure or parcel of land, which is different from
the previous use in the way it is classified in this chapter.
Facilities for the care of children under 18 years of age,
as licensed and regulated by the state under Michigan Public Act 116
of 1973[3] and the associated rules promulgated by the State Department
of Human Services. Such organizations shall be further defined as
follows:
CHILD-CARE OR DAY-CARE CENTERA facility, other than a private residence, receiving one or more preschool or school-age children for care for periods less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child-care center or day-care center includes a facility that provides care for not more than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child-care center, day-care center, day nursery, nursery school, parent cooperative preschool, play group, before or after-school program, or drop-in center. Child-care center or day-care center does not include a Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than four hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a twelve-month period; a facility operated by a religious organization where child care is provided for not more than three hours while persons responsible for the children are attending religious services; a program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion, only during the time the child is involved in supervised, school-age-child-focused training; a program that is primarily an incident of group athletic or social activities for school-age children, sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth groups, scouting, and school-age recreational or supplementary education programs, open only during the time the child is engaged in the group athletics or social activities, and if the school-age child can come and go at will.
CHILD-CARE INSTITUTIONA child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four-hour basis, in a building maintained for that purpose, and operating throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. Child-care institution includes a maternity home for the care of unmarried mothers who are minors and an agency group home, that is described as a small child-caring institution owned, leased, or rented by a licensed agency providing care for more than four but less than 13 minor children. Child-care institution also includes institutions for mentally retarded or emotionally disturbed minor children. Child-care institution does not include a hospital, nursing home, or home for the aged licensed under Article 17 of the Public Health Code, a boarding school licensed under Section 1335 of the Revised School Code, a hospital or facility operated by the state or licensed under the Mental Health Code, or an adult foster care family home or an adult foster care small group home licensed under the Adult Foster Care Licensing Act in which a child has been placed under that Act.
FAMILY DAY-CARE HOMEA private home in which up to six minor children are received for care and supervision for periods of less than 24 hours a day, including children related to the caregiver by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
FOSTER FAMILY HOMEA private home in which at least one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, are given care and supervision 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.
FOSTER FAMILY GROUP HOMEA private home in which more than four but less than seven children, including children related to the caregiver by blood, marriage, or who are not placed in the household under the Michigan Adoption Code, 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.
GROUP DAY-CARE HOMEA private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, including children related to the caregiver. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
A religious institution with a seating capacity of 500 people
or more in its sanctuary or main area of assembly or more than 250
parking spaces.
The duly adopted building code of the City.[4]
The legislative body of the City.
The person designated by the City to carry out day-to-day
engineering responsibilities.
See "medical office."
A development where structures are arranged in closely related
groups. Units are typically of the same type or design character,
and built at higher densities in certain areas of a site while preserving
the natural features in others on the same site.
Any place where four or more dogs, cats, or other animals
over three months of age are kept, raised, sold, boarded, bred, shown,
treated, or groomed.
An activity carried out as a use of property for financial
gain including, but not limited to retail sales, repair service or
salvage operators, business offices, food service, entertainment,
and brokerages related to the purchase, sale, barter, display, or
exchange of goods, wares, merchandise or personal services or the
maintenance of service offices or recreation or amusement enterprise
or garage/basement sales operating more than 12 days during any one
twelve-month period.
A vehicle having a gross vehicle weight greater than one
ton designed for transportation of commodities, merchandise, produce,
freight, animals, or passengers, including buses.
Licensed telecommunication services including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging, and similar services that
are marketed to the general public.
The ownership of a dwelling unit and the space enclosed by
the description thereof as contained in the master deed for the complex
or project, established in conformance with the provisions of the
Condominium Act (MCLA § 559.101 et seq.).
The erection, alteration, repair, renovation, demolition
or removal of any building or structure; and/or the excavation, filling,
and grading of a lot.
A parcel of land, building or structure, or a portion of
a parcel of land, building or structure, used to store trucks, excavation
equipment, supplies, tools or materials utilized by construction contractors,
subcontractors, and builders.
See "nursing home."
The construction of driveways within private property which
interconnect the driveways of two or more abutting nonresidential
properties.
[Added 12-19-2022]
See "child care."
Poured concrete panels enhanced with color and texture, shapes
and other fenestration that form the exterior walls of buildings.
The purposeful razing, destruction, or disassembly of a building
or structure.
The number of dwelling units per unit of lot area. See "lot
area."
GROSSA figure which equals the total number of dwelling units on a lot divided by the total number of acres included in the lot.
NETA figure which equals the total number of dwelling units on a lot divided by the total number of acres included in the lot, excluding all open bodies of water, land within the one-hundred-year floodplain, public rights-of-way and areas within overhead utility line easements. For purposes of calculating maximum density, only 25% of the acreage determined to be wetlands protected by the Wetland Protection, PA 59 of 1995 (MCLA § 324.30301 et seq.), shall be calculated toward the total site acreage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A system, which is designed to capture stormwater and temporarily
contain it until it drains to another location at a controlled rate.
A stormwater management facility, either natural or man-made,
which captures and temporarily holds runoff directed into it until
the water drains to another location at a controlled rate.
The diameter measured at a height of 4.5 feet above the natural
grade.
An area of land for which there are uniform regulations governing
the use of buildings and premises, density of development, yard requirements
and height regulations, and other appropriate regulations.
A man-made channel constructed for drainage or irrigation
purposes.
The collection, conveyance, or discharge of groundwater and/or
surface water.
The contributing watershed, which is expressed in acres or
square miles.
A business establishment whose method of operation involves
the delivery of a service or product directly to a patron inside a
vehicle, typically through a service window or other appurtenance
to a building, where vehicles are queued within a stacking area or
approach to the service window or facility.
A private path of travel over which a vehicle may be driven
which provides access from parcels of land to a public or private
road.
A detached building or portion of a building designed or
used exclusively as the home, residence or sleeping place of one or
more persons, not including accessory buildings or structures, either
attached or detached. In the case of a mixed occupancy where a building
is occupied in part as a dwelling, the part so occupied shall be deemed
a dwelling for purposes of this chapter and shall comply with the
chapter provisions relative to dwellings.
APARTMENTAn apartment is an attached dwelling unit with common walls, contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway.
DWELLING UNITA building, or portion of a building, designed exclusively for human occupancy providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
MULTIPLE-FAMILYA single building with abutting walls containing two or more residential dwelling units.
SINGLE-FAMILYA detached building designed for or occupied exclusively by one family.
Any human activity which removes ground cover, changes the
slope or contours of the land, or exposes the soil surface to the
actions of wind and rain. Earth change includes, but is not limited
to, any excavating, surface grading, filling, landscaping, or removal
of vegetative roots.
A public or private accredited kindergarten through 12th
grade school, college, trade, or business school, nursery school,
preschool, or day-care center, and/or related administrative offices,
excluding a maintenance garage.
The erection, construction, alteration, or maintenance by
public or quasi-public franchised utilities or municipal departments
or commissions of underground, surface, or overhead gas, electrical,
steam, or water transmission or distribution systems, collection,
communication, supply or disposal systems. These may include, but
are not necessarily limited to: mains, drains, sewers, pipes, conduits,
wires, cables, fire alarm boxes, traffic signals, hydrants, towers,
poles, and other similar equipment, and accessories in connection
therewith reasonably necessary for the furnishing of adequate service
by such public utilities or municipal departments or commissions or
for the public health or general welfare. Essential services shall
not include buildings other than such buildings that are primarily
enclosures or shelters of the above essential service equipment. Cellular
telephone or communications towers as defined by this article shall
not be considered essential services.
Removal or recovery by any means whatsoever of soil, rock,
sand, gravel, peat, muck, barrow, shale, limestone, clay or other
mineral or organic substances, other than vegetation, from water or
land, whether exposed or submerged.
The use of a parcel of land or a structure at the time of
the enactment of this chapter.
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 who are domiciled together as a single
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, halfway house, lodge, coterie,
organization, group of students, or other individual whose domestic
relationship is of a transitory or seasonal nature, is for an anticipated
limited duration of school term or during a period of rehabilitation
or treatment, or is otherwise not intended to be of a permanent nature.
Real property which is used for agriculture or horticulture,
comprising at least 20 contiguous acres and including all necessary
buildings and structures. All of the contiguous neighboring or associated
land operated as a single unit on which bona fide farming is carried
on directly by the owner-operator, manager or tenant farmer, by his
own labor or with the assistance of members of his household or hired
employees. Farms may be considered as including establishments operated
as bona fide greenhouses, nurseries, orchards, chicken hatcheries,
poultry farms and apiaries.
An unroofed structure of definite height and location constructed
of wood, masonry, stone, wire, metal, or any other material or combination
of materials serving as a physical barrier, marker, or enclosure.
Land which on the basis of available floodplain information
is subject to a one-percent or greater chance of flooding in any given
year.
An Official Map of a community, on which the Federal Insurance
Administration has delineated both the areas of special hazards and
the risk premium zones applicable to the community.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of waters;
or the unusual and rapid accumulation of runoff of surface waters
from any source.
The area of land adjacent to a lake or stream identified
as the flood hazard area on the FIRM.
The channel of a river or other watercourse and the adjacent
land areas designated in the flood insurance study which must be reserved
in order to discharge the base flood.
The sum of all horizontal areas of the several floors of
a building or dwelling unit, measured from the exterior faces of exterior
walls, or from the center line of walls separating dwelling units.
Unenclosed porches, courtyards, patios and cellars shall not be considered
as part of floor area, except when utilized for commercial or industrial
purposes.
GROSS FLOOR AREA (GFA)The area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets/storage rooms, thickness of walls, columns, or other features.
USABLE FLOOR AREA (UFA)That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers.
Such floor area which is used or intended to be used for hallways,
stairways, elevator shafts, utility or sanitary facilities or the
storage or processing of merchandise shall be excluded from this computation
of usable floor area.
Measurement of usable floor area shall be the sum of the horizontal
areas of each story of a structure measured from the internal faces
of the exterior walls.
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That part of a lot (a lot line) abutting on a street or way.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: embalming and
the performance of other services used in the preparation of the dead
for burial; the performance of autopsies and other surgical procedures;
the storage of caskets, funeral urns, and other related funeral supplies;
the storage of funeral vehicles; and facilities for cremation. Where
a funeral home is permitted, a funeral chapel shall also be permitted.
An accessory building or portion of a main building designed
or used solely for the storage of motor-driven vehicles, boats and
similar vehicles owned and used by the occupants of the building to
which it is accessory.
Any sale of personal effects, jewelry, or household items,
furnishings and equipment belonging to the owner or occupant of the
property held in any district by the owner, occupant or his personal
representative.
A lot or portion of a lot used for the playing of golf and
shall include pitch-and-putt courses but shall not include driving
ranges, miniature golf courses, or other similar commercial enterprises.
The average elevation of the natural ground surface of a
parcel of land, or the finished surface of ground after the development,
filling, or excavation of a parcel of land.
Any stripping, excavating, filling, and stockpiling of soil
or any combination thereof and the land in its excavated or filled
condition.
A landscaped area between the property line and the front
yard building or parking setback line.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
Grasses or other plants grown to keep soil from being blown
or washed away.
Commercial vehicles with a gross vehicle weight in excess
of 10,000 pounds, and excavating, grading, road building, earthmoving,
demolition, loading and similar equipment.
The vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to
the highest point of the structure, or as otherwise provided in this
chapter.
The vertical distance measured from the established grade
to the highest point of the roof surface if a flat roof; to the deck
of mansard roofs; and to the mean height level between eaves and ridge
of gable, hip and gambrel roofs. When the terrain is sloping, the
ground level is measured at the wall line.
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An occupation customarily conducted in a dwelling unit that
is clearly an incidental and secondary use of the dwelling. A home
occupation may also be commonly known as cottage industry, home-based
business, home marketing network, or home interactive distribution
or marketing, but shall not be construed to include day care or state-licensed
residential care facilities.
A freestanding licensed facility which provides palliative
and supportive medical and other health services to meet the physical,
psychological, social, spiritual, and special needs of terminally
ill patients and their families in a group residential setting.
A facility providing health services primarily for in-patient
medical or surgical care of the sick or injured and including related
facilities such as laboratories, outpatient departments, training
facilities, central service facilities, and staff offices which are
an integral part of the facilities.
A building or part of a building, with a common entrance,
or entrances, in which the dwelling units or rooming units are used
primarily for transient occupancy, and in which one or more of the
following services are offered: maid service, furnishing of linen,
telephone, secretarial, or desk service, and bellboy service. A hotel
may include a restaurant or cocktail lounge, public banquet halls,
ballrooms or meeting rooms.
A building or portion of a building primarily used or intended
to be used for individuals to congregate for any purpose and which
is equipped with means of egress, light, and ventilation facilities
in accordance with the state construction code, excluding a building
or portion of a building incidental to the use for agricultural purposes
of the land on which the building is located, or a building used exclusively
for the purpose of storage in which there are no employees or occupants.
The ground condition (e.g., roads, parking lots, sidewalks,
and rooftops) which does not allow percolation or infiltration of
precipitation. The condition causes water to accumulate on the surface
resulting in increased runoff.
A structure, building, or parcel of land, or portion thereof
utilized or inherently designed to be utilized for the purpose of
production, manufacturing, processing, cleaning, testing, rebuilding,
assembly, distribution, finishing, constructing, or printing of goods
or products, and related research and development facilities.
Any abandoned, discarded, unusable, or unused objects or
equipment including, but not limited to, furniture, stoves, refrigerators,
freezers, cans, implements, parts of motor vehicles, machinery, cloth,
rubber, bottles, any metals, boxes, cartons or crates.
An outdoor area where waste, used or secondhand materials
are bought and sold, exchanged, stored, baled, packed, disassembled
or handled including but not limited to: scrap iron and other metals,
paper, rags, rubber tires and bottles. A "junkyard" includes automobile
wrecking yards and includes any open area of more than 200 square
feet for storage, keeping or abandonment of junk.
Any place where four or more dogs, cats, or other animals
over three months of age are kept, raised, sold, boarded, bred, shown,
treated, or groomed.
A description of how land is occupied or utilized.
The following words, terms and phrases related to lighting,
when used in this chapter, shall have the meanings ascribed to them:
FLOODLIGHTAny light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction.
GLAREA direct light emitted by a lamp, luminous tube lighting or other light source.
LAMPThe component of the luminaire that produces the actual light, including luminous tube lighting.
LIGHT FIXTUREThe assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.
LIGHT POLLUTIONAn artificial light which causes a detrimental effect on the environment, enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties.
LIGHT TRESPASSThe shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LUMINAIREThe complete lighting system including the lamp and light fixture.
LUMINOUS TUBE LIGHTINGGas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.
OUTDOOR LIGHT FIXTURESOutdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for floodlighting, general illumination or advertisement.
SEARCHLIGHTA powerful light or lights equipped with a reflector to produce a bright beam or beams.
SHIELDED FIXTUREOutdoor light fixtures shielded or constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, e.g., "shoebox-type" fixtures. A luminaire mounted in a recessed fashion under a canopy or other structure such that the surrounding structure effectively shields the light in the same manner is also considered fully shielded.
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 or unloading merchandise or materials.
A parcel of land or contiguous parcels of land under one
ownership described within fixed boundaries, of sufficient size and
configuration to meet the site development requirements of this chapter
and having access to a public road. The word "lot" shall include plot
or parcel. A lot need not be a lot of record. A lot may also mean
a portion of a condominium project, as regulated by Public Act No.
59 of 1978 (MCLA § 559.101 et seq.), designed and intended
for separate or limited ownership and/or use.
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The total area within the described lot lines of a parcel
of land, excluding road right-of-way or the submerged area of any
river or lake at the shoreline or ordinary high-water mark. Regulated
wetlands may be included within the area of a lot, provided at least
75% of the minimum required lot area shall be buildable upland area.
That portion of the area of lot that contains buildings and
structures measured as a percent of the entire lot area.
The average distance from the front lot line to the rear
lot line measured in the general direction of the side lines of the
lot.
The dimension of a lot measured along the public road right-of-way
line or easement.
The boundaries of a lot which divide one lot from another
lot or from a public or existing private road or any other publicly
owned parcel of land.
A lot line of a length equal to or greater than the minimum
lot width as required in this chapter, which is also the road right-of-way
line on interior lots which front a public or private road, in the
case of a corner lot each of the lot lines abutting a road right-of-way
shall be considered a front lot line.
The lot line opposite and most distant from the front lot
line; or in the case of triangular or otherwise irregularly shaped
lots, a line 20 feet entirely within the lot parallel to and at a
maximum distance from the front lot line. In the case of a corner
lot, the lot line opposite the shortest front lot line shall be considered
the rear lot line.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lot lines, as measured
at the front yard setback line.
A parcel of land abutting upon two or more streets at their
intersection, or upon parts of the same street forming an interior
angle of less than 135°.
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A lot other than a corner lot.
Any interior lot having frontage on two more or less parallel
streets as distinguished from a corner lot. All yards of said lots
adjacent to streets shall be considered front yards, and front yard
setbacks shall be provided as required.
A structure transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling,
with or without permanent foundation, when connected to required utilities
and including plumbing, heating and electrical systems contained therein.
A parcel of land under the control of a person upon which
are located three or more manufactured homes a continual, nonrecreational
basis and which is offered to the public for that 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.
The term as defined in the Public Health Code, MCLA 333.1101
et seq.; the Michigan Medical Marihuana Act, MCLA 333.26421 et seq.;
the Medical Marihuana Facilities Licensing Act, MCLA 333.27101 et
seq.; the Marihuana Tracking Act, MCLA 333.27901 et seq.; and the
Michigan Regulation and Taxation of Marihuana Act, MCLA 333.27951.
[Added 2-19-2018; amended 10-5-2020]
GROWER FACILITY, MEDICAL MARIHUANAA licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.
GROWER, MARIHUANAA person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
LICENSEEA person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCLA 333.27101 et seq., and the Michigan Regulation and Taxation of Marihuana Act, MCLA 333.27951.
MEDICAL MARIHUANA FACILITYAn enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCLA 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Medical Marihuana Act, MCLA 333.26421 et seq.
MARIHUANA ESTABLISHMENTAn enterprise at a specific location at which a licensee is licensed to operate under the Michigan Regulation and Taxation of Marihuana Act, MCLA 333.27951, including a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana retailer, or marihuana secure transporter. A marihuana establishment does not include any of the following within the City of Lapeer: an excess marihuana grower, a marihuana microbusiness, or a designated consumption establishment, and further does not include a location where a marihuana event organizer license or temporary marihuana event license could be utilized.
OUTDOOR PRODUCTIONThe growing of marihuana in an expanse of open or cleared ground or in a greenhouse, hoop house, or similar nonrigid structure that does not utilize any artificial lighting, including, but not limited to, electrical lighting sources.
PERSONAn individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
PROCESSORA licensee that is a commercial entity located in Michigan that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
PROVISIONING CENTERA licensee that is a commercial entity located in Michigan that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance within the Michigan Medical Marihuana Act, MCLA 333.26421 et seq., is not a provisioning center for purposes of this chapter.
RETAILERA 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.
A licensee that is a commercial entity that receives marihuana
from a marihuana facility or registered primary caregiver, tests it
for contaminants and for tetrahydrocannabinol and other cannabinoids,
returns the test results, and may return the marihuana to the marihuana
facility.
A person licensed to test marihuana, including certification
for potency and the presence of contaminants.
The plan authorized by PA 33 of 2008 the Michigan Planning
Enabling Act[5] and serving as the policy basis for zoning and community
development decisions in the City.
A facility operated by one or more physicians, dentists,
chiropractors or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis.
A building or group of buildings of a controlled-access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled-access stalls or lockers for the storage of customers'
goods or wares.
A dwelling unit constructed on-site and composed of components
substantially assembled in a manufacturing plant and transported to
the building site for final assembly on a permanent foundation.
See "funeral home."
A series of attached, semidetached or detached rental units
containing a bedroom, bathroom and closet space. Units shall provide
for overnight lodging and are offered to the public for compensation,
and shall cater primarily to the public traveling by motor vehicle.
A complex structure with multiple movie theaters in which
each theater is capable of showing moves independent of the others
in the complex. Structurally, theaters are grouped in a manner that
allows them to share box or ticket offices, parking facilities, lobby
area, rest rooms, concession stands, signs and marquee displays, and
other service and maintenance facilities.
A building, either publicly or privately owned, which is
located on any lot that is open to the public, including meeting halls,
libraries, clubhouses, museums, cultural societies, visual and performance
arts buildings, government buildings, and community buildings that
are administered by nonprofit cultural, educational or religious organizations.
The City of Lapeer, Michigan.
A commercial printing operation, including administrative
offices, involving a process that is considered printing, imprinting,
reproducing, or duplicating images and using printing methods, including
but not limited to offset printing, lithography, web offset, flexographic,
and screen process printing.
A platted lot that conformed with all City zoning requirements
at the time of recording of such plat, which no longer conforms to
the zoning regulations and requirements for lot area, lot width, or
both; or a lot outside a recorded plat that conformed with all City
zoning requirements at one time, and which has not been subdivided
or reduced in size subsequent to the time it did conform to this chapter,
which no longer conforms with the zoning requirements for lot area,
lot width, or both.
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A building or portion of a building lawfully existing at
the effective date of the ordinance from which this chapter is derived
or amendments, and which does not conform to the provisions of the
zoning district in which it is located.
A use which lawfully occupied a building or land at the effective
date of the ordinance from which this chapter is derived or the effective
date of an amendment to this chapter that does not conform to the
use regulations of the zoning district in which it is located.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion of any physical characteristics of activity
or use across a property line which can be perceived by or affects
a human being, or the generation of an excessive or concentrated movement
of people or things, such as, but not limited to:
Noise.
Dust.
Smoke.
Odor.
Glare.
Fumes.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise of congregation of people, particularly at night.
Passenger traffic.
Invasion of nonabutting street lot frontage by traffic ("cut-through"
traffic).
A burned-out structure.
A condemned structure.
A home for the aged or infirm in which three or more persons
not of the immediate family are housed or lodged and are furnished
with meals, personal assistance and a range of nursing and limited
medical care including any of the following: assisted living, supportive
care, skilled or specialized care, continuing care, and/or dementia
care; but not to include hospitals, clinics, or similar institutions
devoted primarily to the diagnosis and treatment of the sick or injured.
The residing of an individual or individuals overnight in
a dwelling unit, or the installation, storage, or use of equipment,
merchandise or machinery in any institutional, commercial, agricultural,
or industrial building.
A facility providing off-street vehicular parking spaces
and drives or aisles for the parking of more than three vehicles.
A parcel or parcels of land, or a portion of a parcel, or
an area of water or combination of land and water designed and intended
for the use or enjoyment of the residents of a particular development,
the subdivision or of the general public.
The owner of the freehold of the premises or lesser estate
in the premises, a mortgagee or vendee in possession, an assignee
of rents, receiver, executor, trustee, lessee, or any other person,
or his/her duly authorized agent, sole proprietorship, partnership,
association, limited liability company, or corporation directly or
indirectly in control of a building, structure, or real property.
An area of definite length and width, said area shall be
exclusive of drives, aisles or entrances giving access thereto, and
shall be fully accessible for the parking of permitted vehicles.
A covered structure or portion of a covered structure that
provides two or more levels of parking for motor vehicles.
An official document or certificate issued by an authorized
official, empowering the holder thereof to perform a specified activity
which is not prohibited by law, but not allowed without such authorization.
Establishments that perform services on the premises, such
as, but not be limited to, tailors, beauty and barbershops, tattoo
parlors, day spas, hair salons, interior decorators, photographers,
physical therapy, massage therapists, or professional medical/mental
counseling services.
The use of a parcel of land which is planned and developed
as a single entity containing the various uses, structures, open spaces,
and other elements and which is designated and developed under one
owner or organized group, as provided for in this chapter.
The City of Lapeer Planning Commission as established by
the City of Lapeer City Commission under provisions of the Michigan
Zoning Enabling Act (Public Act 110 of 2006), as amended.[6]
A parcel of land utilized for the purpose of growing ornamental
trees, shrubbery, house plants, flowers, or perennial ground covers
from seed or seedlings for the purpose of retail or wholesale trade.
Available and capable of being done after taking into consideration
cost, existing technology and logistics.
The primary or predominant purpose to which a parcel of land
is devoted as distinguished from an accessory use.
Private clubs or recreation facilities for which a membership
charge may be made and which are open only to bona fide members and
their guests. A private club or lodge hall or similar facility may
not be open or available to members of the general public.
[Amended 5-17-2012]
A building or structure for groups of people to gather for
an event or regularly scheduled program. Places of public assembly
include but are not limited to arenas, religious institutions, lecture
halls, banquet facilities, and similar facilities.
A system of pipe owned and maintained by a governmental unit
used to carry human, organic and industrial waste from the point of
origin to a point of treatment or discharge.
A waterworks system which provides water for drinking or
household purposes to persons other than the supplier of water, except
those waterworks systems which supply water to only one living unit,
or as further defined in Public Act No. 399 of 1976, as amended (MCLA
§ 325.1001 et seq.).
A private recreational facility or community center for use
solely by the residents and guests of a particular residential development,
planned unit development, or residential neighborhood, including indoor
and outdoor facilities. These facilities are usually proposed or planned
in association with development and are usually located within or
adjacent to such development.
[Amended 5-17-2012]
Any commercial establishment which receives a fee in return
for provision of some recreational activity to the general public,
including but not limited to driving ranges, golf courses, swimming
pools, water parks, tennis courts, outdoor racquetball courts, motorized
cart and motorcycle tracks, and batting cages.
[Amended 5-17-2012]
A vehicle or equipment intended for temporary or periodic
use for recreational or leisure pursuits. Such vehicles shall include
boats, airplanes, special purpose automobiles, floats, rafts, trailers,
snowmobiles, camping or travel trailers, motorized homes, detachable
travel equipment of the type adaptable to light trucks, and other
equipment or vehicles of a similar nature.
The upgrading of an existing building or part of an existing
building which is in a dilapidated or substandard condition.
The reconstruction or renewal of any part of an existing
building or structure for the purpose of maintenance.
A structure or group of structures used primarily for research,
development, or controlled production of high-technology electronic,
industrial, or scientific products or commodities or laboratories
conducting educational or medical research or testing applied and
developmental research, where product testing is an integral part
of the operation and goods or products may be manufactured as necessary
for testing, evaluation, and test marketing.
Any use that includes the sale of food and/or beverages to
a customer in a ready-to-consume state.
CARRY-OUT RESTAURANTA use that involves the sale of food, beverages, and/or desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises.
DRIVE-IN RESTAURANTA use that involves delivery of prepared food so as to allow its consumption within a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
DRIVE-THROUGH RESTAURANTSee "drive-through facility."
STANDARD RESTAURANTA standard restaurant is a use that involves either of the following:
LOUNGE/TAVERNA lounge or tavern is a type of restaurant that is operated primarily for the dispensing of alcoholic beverages. The preparation and sale of food or snacks to customers may be permitted.
The reconstruction or replication of an existing building's
original architectural features.
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods are available for immediate
purchase and removal from the premises by the purchaser.
A system, which is designed to capture stormwater and contain
it until it infiltrates the soil or evaporates.
A stormwater management facility, either natural or man-made,
which does not have an outlet, which captures and holds runoff directed
into it.
A public or private strip of land acquired or utilized by
reservation, dedication, easement, prescription, purchase or condemnation
and permanently established for the passage of persons, vehicles,
railroads, water, utility lines, and similar uses.
The portion of precipitation which does not infiltrate or
percolate into the ground, but rather moves over the land, eventually
reaching a water body, wetland, or low area.
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
Any solid particulate matter which has been moved from the
site of origin by erosion, is being transported by water, is in suspension
in water, or has been deposited in a water body, wetland or floodplain.
The minimum required horizontal distance measured from the
front, side, or rear lot line, as the case may be, which setback describes
an area termed the setback on a lot or parcel required by this chapter
for the district in which it is located.
FRONTThe minimum required horizontal distance measured from the front lot line which describes an area termed the front setback on a lot or parcel required by this chapter for the district in which it is located.
REARThe minimum required horizontal distance measured from the rear lot line which describes an area termed the rear setback on a lot or parcel required by this chapter for the district in which it is located.
SIDEThe minimum required horizontal distance measured from the side lot lines which describes an area termed the side setback on a lot or parcel required by this chapter for the district in which it is located.
A group of retail and other commercial establishments that
is planned, owned, and managed as a single property.
Any words, numerals, figures, devices, designs, pictures
or trademarks erected on or otherwise affixed to a building, wall
board, plate or any other structure, or on a vehicle or trailer, for
the purpose of advertising or identifying an establishment, product,
service, or activity.
ABANDONED SIGNSee "obsolete sign."
ANIMATED SIGNA sign, other than a changeable copy sign, whereby the sign itself or the information conveyed incorporates or involves action, motion, or the appearance of action or motion, such as flashing lights, color changes, moving parts, reflective materials, scrolling messages, or video-like features.
AWNING SIGNA sign affixed flat against the surface of an awning. An awning is a retractable or fixed shelter constructed of nonrigid materials on a supporting framework that projects from the exterior wall of a building.
BANNER SIGNA sign made of fabric, plastic, or other nonrigid material without an enclosing structural framework.
BILLBOARDA sign which identifies a use or advertises products and services not available on the site or parcel on which the sign is located.
BUSINESS CENTER SIGNA sign which advertises two or more businesses which:
CANOPY SIGNA sign affixed flat against the surface of a canopy. See "canopy structure."
CHANGEABLE MESSAGE SIGNA sign on which the message is changed mechanically, electronically or manually, including time/temperature signs.
COMMUNITY SPECIAL EVENT SIGNTemporary signs and banners, including decorations and displays celebrating a traditionally accepted patriotic or religious holiday, or special municipal or school activities.
DAYFor the purpose of these regulations, a calendar day rather than a business day.
DIRECTIONAL SIGNA sign which gives directions, instructions, or facility information for the use on the lot or parcel on which the sign is located, such as parking or exit and entrance signs.
GROUND OR MONUMENT SIGNA three-dimensional, self-supporting, base-mounted freestanding sign, consisting of two or more sides extending up from the base, and upon which a message, business, group of businesses or center name is affixed.
IDENTIFICATION SIGNA non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
INCIDENTAL SIGNA small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of incidental signs include credit card signs, signs indicating the hours of business, no-smoking signs, signs used to designate rest rooms, and signs providing information on business affiliations.
LED SIGNA sign in which the sign message is formed with the use of light-emitting diodes on an otherwise blank background.
MARQUEE SIGNA sign affixed flat against the surface of a theater marquee. A marquee is a permanent structure constructed of rigid materials that project from the exterior wall of a building.
MOTOR VEHICLE SIGNA sign measuring more than two square feet in size that is mounted, placed, written, or painted on a vehicle or trailer, whether motor-driven or not.
NONCOMMERCIAL MESSAGE SIGNA sign that is not related to or connected with trade and traffic or commerce in general and includes an election sign or a sign expressing an opinion or other point of view.
OBSOLETE SIGNA sign that advertises a product that is no longer made an event that has already occurred, or that advertises a business that has closed.
OFF-PREMISES SIGNA sign which identifies a use or advertises products and services not available on the site or parcel on which the sign is located (e.g., billboards, garage sale signs, residential open house signs, signs providing directions to a business).
POLE OR PYLON SIGNA permanently affixed sign which is erected upon or supported by the ground on one or more poles, uprights or braces.
PORTABLE OR MOVABLE SIGNA sign designed to be moved easily and not permanently attached to the ground, a structure, or a building, including signs with wheels, poster panel signs, signs mounted on vehicles for advertising purposes, hot-air and gas-filled balloons, pennants, streamers, ribbons, pinwheels, nongovernmental flags and searchlights.
POSTER PANEL SIGNSA sign that is located outside of a business on a daily basis for the purpose of providing the public with information about the business (e.g., products and services offered, daily specials, etc.). Poster panel signs include sandwich signs and "A" frame signs.
PROJECTING SIGNA sign, other than a wall sign, that is affixed to any building or wall and whose leading edge extends more than 12 inches beyond such building or wall.
REAL ESTATE SIGNA sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.
REAL ESTATE DEVELOPMENT SIGNA sign that is designed to promote the sale or rental of lots, homes, or building space in a real estate development (such as a subdivision or shopping center) which is under construction on the parcel on which the sign is located.
ROOF LINEThe top edge of a roof or parapet wall, whichever is higher, but excluding any cupolas, chimneys, or other minor projections. The roofline is the highest point of the roof surface if a flat roof; to the deck of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. See "height, building."
ROOF SIGNA sign erected above the roof line of a building.
SEARCHLIGHTSee "lighting, searchlight."
[Amended 5-17-2012]
SPECIAL EVENT SIGNTemporary and portable signs containing public messages concerning noncommercial special events that are of a religious, charitable, social or educational nature.
SUBDIVISION OR ENTRY SIGNA permanent on-premises sign identifying a vehicular entrance to a residential subdivision, residential complex, or business complex.
TEMPORARY SIGNA sign, banner or other advertising device constructed of cloth, canvas, fabric, plastic or other light temporary material, with or a without structural frame, or any other sign intended for a limited period of display, but not including decorative display for holidays or public demonstration.
WALL SIGNA sign painted or attached directly to and parallel to the exterior wall of a building.
WINDOW SIGNA sign installed inside a window and intended to be viewed from the outside.
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Any tract, lot, or parcel of land or combination of tracts,
lots, or parcels, which compose an area proposed for development and/or
earth change.
See "nursing home."
Structures, facilities, barriers, berms, vegetative cover,
basins, and/or any other installation, temporary or permanent, which
are designed to minimize and prevent erosion.
A system of open or enclosed conduits and appurtenant structures
intended to convey or manage stormwater runoff, groundwater and drainage.
The runoff and drainage of precipitation resulting from rainfall,
snowmelt or other natural event or process.
That portion of a building, other than a basement or mezzanine
as defined herein, included between the surface of any floor and the
floor next above it, or, if there is not a floor above, then the ceiling
above. A mezzanine shall be deemed a full story when it covers more
than 50% of the area of the story underneath said mezzanine, or, if
the vertical distance from the floor next below the mezzanine to the
floor next above it is 24 feet or more.
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STREET, ARTERIALRoadways that are designed to carry through-travel movements. Principal arterials carry long distance through movements while minor arterials move traffic between principal arterials and minor streets. Arterial streets are identified in the City of Lapeer Master Plan.
STREET, COLLECTORRoadways that serve to gather traffic from local roads and subdivisions streets of residential neighborhoods and deliver to arterial streets. Collector streets are identified in the City of Lapeer Master Plan.
STREET, MINORRoadways that provide access to individual properties and homes. They are generally short and provide connection to collector streets. Minor streets are identified in the City of Lapeer Master Plan.
STREET, PRIVATEA privately owned and maintained thoroughfare including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare. A private street shall include any drive or roadway which is not a dedicated public right-of-way, and which provides or has the potential for providing access to two or more existing parcels and/or main buildings.
STREET, PUBLICA public thoroughfare, including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare; except an alley.
STREET, SIDE YARDA side yard of a corner lot, which is adjacent to a street.
[Amended 5-17-2012]
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders, or in the dimensions or
configurations, or of the roof and exterior walls or means of egress.
A combination of materials whether fixed or portable, anything
constructed, erected, or artificially built-up which requires a location
on or below the surface of land or water, including a part or parts
thereof and all equipment within the structure.
The partitioning or splitting of a parcel or tract of land
by the proprietor thereof or by his heirs, executors, administrators,
legal representatives, successors, or assigns for the purpose of sale,
or lease of more than one year, or of building development that results
in one or more parcels of less than 40 acres or the equivalent, and
that is not exempted from the platting requirements of the Land Division
Act, Public Act No. 288 of 1967, as amended.[7] The term "subdivide" or "subdivision" does not include
a property transfer between two or more adjacent parcels, if the property
taken from one parcel is added to an adjacent parcel; and any resulting
parcel shall not be considered a building site unless the parcel conforms
to the requirements of the Act or the requirements of the City Land
Division Ordinance.
A map or chart depicting the subdivision of land as regulated
by the Land Division Act of 1967, Public Act No. 288 of 1967, as amended.
A nonporous container containing water having a depth of
greater than 24 inches or having a surface area of greater than 250
square feet, or a pool permanently equipped with a water recirculating
system or constructed of structural materials, excepting retention
or detention ponds.
A use or building permitted under the provisions of this
Zoning Ordinance for a fixed period of time, with the intent to discontinue
such use upon the expiration of such time that does not involve the
construction or alteration of any permanent structure.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
A specialized instructional establishment that provides on-site
training of business, industrial, commercial, and/or trade skills
such as accounting, data processing, and computer repair. This classification
excludes establishments providing training in an activity that is
not otherwise permitted in the zone. Incidental instructional services
in conjunction with another primary use shall not be considered a
business and trade school.
A facility which is operated by a government or a nonprofit
agency providing interim sleeping and bath accommodations; interim
eating and cooking facilities; and professional services to assist
individuals or families in locating permanent housing.
[Added 1-4-2021]
A vehicular portable structure built on a chassis which is
less than 32 feet in length and is of such a width and weight as not
to require special highway movement permits when drawn by a vehicle.
The purpose or activity for which land or structures are
designed, arranged, or intended, or for which land or structures are
occupied or maintained.
Permission given by the Zoning Board of Appeals to a property
owner to depart from the literal requirements of this chapter which
may occur when compliance with this chapter would create a practical
difficulty or unnecessary hardship on the property owner.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, or road, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
The vertical exterior surface of a building and the vertical
interior surfaces which divide a building's space into rooms, or a
solid fence of stone, brick, concrete or similar material.
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are inflammable or explosive or that present hazards
or conditions commonly recognized as offensive.
An open trench either naturally or artificially created which
periodically or continuously contains moving water draining an area
of at least two acres which has definite banks, a bed and visible
evidence of a continued flow or occurrence of water.
The total land area which contributes runoff, or is within
such an area, to a common outlet, such as a lake or stream. Also known
as the "drainage area."
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances
does support, wetland vegetation and/or aquatic life. Also known as
a bog, swamp, marsh, etc. (Public Act 451 of 1994, as amended).[8] The Michigan Department of Environmental Quality is the
authority on the presence and regulatory status of wetlands.
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; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. This
is not considered a general commercial use.
Equipment including a turbine, blades and tower as well as
related electrical equipment used to produce electrical power, primarily
for the needs of the consumer on site.
All structures and accessory facilities relating to the use
of the radio frequency spectrum for the purpose of transmitting or
receiving radio signals. This may include, but shall not be limited
to, radio towers, television towers, telephone devices, personal communication
transmission equipment and exchanges, microwave relay towers, telephone
transmission equipment building and commercial mobile radio service
facilities.
ALTERNATIVE TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), commercial wireless telecommunications signals or other communication signals.
HEIGHTWhen referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
TOWERA self-supporting monopole structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. "Tower" does not include lattice structures or structures supported by guy wires or cables.
An open space on the same land with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as otherwise provided in this chapter.
FRONT YARDAn open space extending the full width of the lot, the uniform depth of which is measured at right angles to the front lot line.
REAR YARDAn open area extending across the full width of the lot, the uniform depth of which is measured at right angles to the rear lot line.
SIDE YARDAn open unoccupied area between a main building and the side lot lines, extending from the front yard area to the rear yard area. The width of the side yard shall be measured horizontally from and at right angles to the nearest point of the side lot line.
The dividing of the City into districts of a number and shape
considered best suited to carry out the purposes of the zoning act
and the creation of uniform regulations throughout each individual
district. Such districts are referred to as zoning districts in this
chapter.
The Michigan Zoning Enabling Act, Public Act 110 of 2006,
as amended.[9]
The City of Lapeer Zoning Board of Appeals created under
the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.
The City of Lapeer Zoning Ordinance.
Written approval by the Planning Department or Building Official
that is required before commencing any construction, reconstruction,
alteration of any building or other structure or before establishing,
extending or changing any use on any lot.
[1]
Editor's Note: See MCLA § 400.701 et seq.
[3]
Editor's Note: See MCLA § 722.111 et seq.
[5]
Editor's Note: See MCLA § 125.3801 et seq.
[6]
Editor's Note: See MCLA § 125.3101 et seq.
[7]
Editor's Note: See MCLA § 560.101 et seq.
[8]
Editor's Note: See MCLA § 324.101 et seq.
[9]
Editor's Note: See MCLA § 125.3101 et seq.
