Village of Bellevue, MI Article II Construction of Terms and Definitions

§ 155-2.01 Construction of language.

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 clearly indicates the contrary.

B. The word "person" shall also mean a corporation, association, partnership, trust, firm, or similar activity as well as an individual.

C. The word "building" shall also mean the word "structure" and either includes any part thereof.

D. The word "lot" shall also mean the word "plot," "tract," or "parcel."

E. The term "shall" is always mandatory and not discretionary; the word "may" is permissive.

F. The word "used" or "occupied" as applied to any land or building shall be construed to include the words intended, arranged, maintained for or designed to be used or occupied.

G. The words "this chapter" means the text of this chapter as well as all maps, tables, graphics, and schedules, as included or attached as enacted or subsequently amended.

H. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either . . . or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.

(2) "Or" indicates the connected items, conditions, provisions or events may apply singly or in any combination.

(3) "Either . . . or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

I. The "community" is the collective jurisdiction of the Village of Bellevue and the Township of Bellevue in the County of Eaton, State of Michigan.

J. Any word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard utilization. A dictionary may be consulted.

K. "Days" means calendar days unless otherwise stated.

§ 155-2.02 Definitions.

A. Definitions of words and phrases beginning with the letters "A" through "E":

ACCESSORY BUILDING

A building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.

ACCESSORY RETAIL SALES

An industrial operation that has a minor part of its operation retailing products produced by said industry.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

ADULT ENTERTAINMENT FACILITIES

(1) ADULT BOOKSTORE An establishment that has, as a substantial or significant portion of its stock-in-trade, sexual paraphernalia, books, periodicals, magazines, newspapers, pamphlets, pictures, photographs, motion picture films, and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity, sadomasochistic abuse or sexual conduct.

(2) ADULT MOTION PICTURE THEATER An establishment, whether in a completely enclosed building or not, that offers, for an admission fee, membership fee, or other valuable consideration, the viewing during more than 25% of its operating hours of motion picture films, pictures or photographs which are distinguished or characterized by their emphasis on nudity, sadomasochistic abuse, or sexual conduct.

(3) ADULT THEATER An enclosed building or any portion of a building which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual conduct, nudity, or sadomasochistic abuse by any means of display, including, without limitation, by motion picture, mechanical amusement devices, television, including videotape or closed circuit, or live performance for observation by patrons therein.

(4) NUDITY Uncovered or less than opaquely covered postpubertal human male or female genitals, pubic areas or buttocks.

(5) SADOMASOCHISTIC ABUSE Flagellation or torture by or upon a human.

(6) SEXUAL CONDUCT Any of the following actual or simulated acts of:

(a) Human sexual intercourse, homosexual or heterosexual;

(b) Human or animal masturbation;

(c) Bestiality;

(d) Fellatio;

(e) Cunnilingus;

(f) Human excretory functions;

(g) Sodomy; or

(h) Fondling or erotic touching of human genitals, pubic region, buttocks or breasts.

AGRICULTURAL BUSINESS

The sales, service, repair, storage, and processing activities which are directly dependant upon the agricultural community and are necessary to support agricultural enterprise.

AGRICULTURE

Any land, buildings, and machinery used in the commercial production of farm products as defined in the Michigan Right to Farm Act, PA 93 of 1981, MCLA § 286.471 et seq.; including, but not limited to, pasturage, floriculture, dairying, horticulture, forestry, and livestock or poultry husbandry.

AIRPORT

An airport licensed by the Michigan Department of Transportation, Bureau of Aeronautics, under Section 86 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCLA § 259.86.

ALTERATION

Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; or any change which may be referred to herein as altered or reconstructed.

AMBIENT

The sound pressure level exceeded 90% of the time or L₉₀.

[Added 10-27-2009 by Ord. No. 2009-002]

ANEMOMETER TOWER

A freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system.

[Added 10-27-2009 by Ord. No. 2009-002]

ANSI

The American National Standards Institute.

[Added 10-27-2009 by Ord. No. 2009-002]

APARTMENT

A room or suite of rooms, including bath and kitchen facilities, in a two-family or multiple-family dwelling intended and designed for use as a residence by a single family.

ARCHERY AND GUN RANGE

An area designed and operated for the use of archery, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting for other than personal use.

BASEMENT

That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

BED-AND-BREAKFAST

A single-family residential structure used for the purpose of renting bedrooms on a nightly basis, including the provision of bathing and lavatory facilities and a breakfast meal.

BERM

A mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual and/or audible screening purposes which may be used to provide a transition between uses of differing intensity.

BILLBOARD

A sign, other than off-premises directional signs and political signs, which does not pertain to the principal use of the premises upon which it is located.

BUFFER AREA

A strip of land reserved for plant material, berms, walls, or fencing to serve as a visual and/or sound barrier between properties, often between abutting properties in different zoning districts.

BUILDING

Any structure, either temporary or permanent, having a roof supported by columns, walls, or any other supports, which is used for the purpose of housing, sheltering, storing, or enclosing persons, animals, or personal property, or carrying on business activities. This definition includes, but is not limited to: mobile homes, tents, sheds, garages, greenhouses, and other principal or accessory structures.

BUILDING HEIGHT

In the case of a principal building, the vertical distance measured from the finished grade at the center of the building where the building abuts the front yard to the highest point of the roof surface, except as follows: to the deckline of mansard roofs, and the average height between eaves and the ridge of gable, hip, and gambrel roofs The measurement of height of an accessory building or structure shall be determined as the vertical distance from the average finished grade to the highest point of the roof surface.

BUILDING LINES

A line which defines the minimum distance (as determined by the minimum front, side, or rear yard setback) which any building shall be located from a property line, existing street right-of-way line, or ordinary high-water mark.

CHURCH AND PLACE OF WORSHIP

A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose.

CLINIC

A building or group of buildings wherein more than one professional, such as a physician, dentist, veterinarian or the like, examines and treats patients, except that such patients are not lodged therein overnight.

CLUB OR LODGE, PRIVATE

A nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to members and their guests.

COMMUNICATION TOWER

Any structure or system of, including, but not limited to, wires, poles, rods, reflecting discs, or similar devices attached to the ground or any other structure or any other equipment used to facilitate, improve, support, or constructed primarily for the purpose of transmission, reception or transfer of radio, telephone, television, microwave, other telecommunication signals and similar communication purposes, including, but not limited to, self-supporting lattice towers, guyed towers, or monopole towers. The term includes the structures and supports thereto.

COMMUNITY MASTER PLAN

The Joint Master Plan of the Village of Bellevue and the Township of Bellevue.

CONDITIONAL USE

A use which is subject to conditional approval by the Planning Commission or Village Council. A conditional use may be granted when specified by this chapter and for those uses not specifically mentioned.

CONDOMINIUM PROJECT

A plan or project consisting of two or more condominium units established and approved in conformance with the Condominium Act, Public Act 59 of 1978, MCLA § 559.101 et seq., as amended.

CONDOMINIUM SUBDIVISION

A division of land on the basis of condominium ownership, which is not subject to the provisions of the Subdivision Control Act of 1967, Public Act 288 of 1967, MCLA § 560.101 et seq., as amended.

CONDOMINIUM SUBDIVISION PLAN

The drawings attached to the master deed for a condominium subdivision which describe the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements.

CONDOMINIUM UNIT

That portion of a condominium project or condominium subdivision which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use. A condominium unit may consist of either vacant land or space which either encloses or is enclosed by a building structure. Any "condominium unit," or portion thereof, consisting of vacant land shall be equivalent to the term "lot" for the purposes of determining compliance of the condominium subdivision with the provisions of this chapter, including minimum lot size, minimum lot width, maximum lot coverage and setbacks.

DAY-CARE CENTER

A facility, other than a private residence, receiving one or more preschool- or school-age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. A day-care center includes a facility which provides care for not less 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, or drop-in center. A day-care center does not include any of the following:

(1) A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not greater than three hours per day for an indefinite period, or not greater than eight hours per day for a period not to exceed four weeks during a twelve-month period.

(2) A facility operated by a religious organization where children are cared for not greater than three hours while persons responsible for the children are attending religious services.

(3) A private home (private residence) in which the licensee or registrant permanently resides as a member of the household, which residency shall not be contingent upon caring for children or employment by a licensed or approved child placing agency, a full-time foster family home, a full-time foster family group home, a group day-care home, or a family day-care home.

DAY-CARE HOME, GROUP

A private home in which the operator permanently resides as a member of the household in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. A group day-care home includes a home that gives care to more than six unrelated minor children for more than four weeks during a calendar year.

DAY-CARE HOME, FAMILY

A private home in which the operator permanently resides as a member of the household in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. A family day-care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

dB(A)

The sound pressure level in decibels. It refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

[Added 10-27-2009 by Ord. No. 2009-002]

DECIBEL

The unit of measure used to express the magnitude of sound pressure and sound intensity.

[Added 10-27-2009 by Ord. No. 2009-002]

DEED RESTRICTION

A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the County Register of Deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant. Unless the Village has an ownership interest in the property, a deed restriction is enforced by the parties to the agreement, not by the Village.

DENSITY

The number of existing or proposed dwelling units per net acre of land. Net acreage is the gross acreage of a lot, less the public rights-of-way.

DISTRICT

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. A "district" is also known as a "zone" or "zoning district."

DRIVE-IN

A business developed so that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to service patrons while in the motor vehicle rather than within a building or structure or to permit patron self-service.

DRIVE-THROUGH

An establishment developed so that some portion of its retail or service character is dependent upon providing a driveway approach and a staging area specifically designed to serve patrons remaining in their motor vehicles at the point of sale.

DWELLING UNIT

A building or portion thereof, designed for occupancy by one family for residency purposes and having cooking facilities.

DWELLING, MULTIPLE-FAMILY

A building, or portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY

A building designed exclusively for one dwelling unit.

DWELLING, TWO-FAMILY

A building designed exclusively for two dwelling units.

EFFICIENCY APARTMENT

Is a dwelling unit containing a minimum of at least 150 square feet of floor area consisting of not more than one room in addition to kitchen and sanitary facilities.

EQUIPMENT SALES AND SERVICING

A place of business where equipment such as farm machinery and similar equipment is sold and serviced.

ERECTED

Built, constructed, reconstructed, moved upon, or any physical activity upon a premises or lot required for the building. Excavation, fill, drainage, and the like shall be considered a part of the erection when done in conjunction with a structure.

ESSENTIAL SERVICES

The phrase "essential services" means the erection, construction, alteration or maintenance of public utilities or municipal department of commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment, and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

EXTRACTION OPERATIONS

The removal, extraction or mining of sand, gravel, stone or similar material for commercial gain.

B. Definitions of words and phrases beginning with the letters "F" through "J":

FAMILY

(1) Domestic family. An individual or group of two or more persons related by blood, marriage, or adoption, including foster children and servants, together with not more than two additional persons not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.

(2) Functional equivalent family. 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 terms or other similar determinable period. The Zoning Administrator shall presume that a functional equivalent of a domestic family is limited to six or fewer persons. A property owner may rebut this presumption to allow more than six persons subject to the standards set forth in this chapter. This definition shall not apply in instances of group care centers or state-licensed residential facilities as established under PA 110 of 2006, as amended, MCLA § 125.3101 et seq.

FARM

Land used for commercial agriculture comprising at least 20 contiguous acres, and which may contain other noncontiguous acreage, all of which is operated by a sole proprietorship or corporation and including all necessary farm buildings, structures, and machinery.

FENCE OR WALL, OBSCURING

A fence or wall characterized by primarily closed construction so as to permit no or only limited visibility from one side to another, and which is typically intended to provide privacy or otherwise screen from view the space contained behind or within. Examples of obscuring fences and walls include, by example, solid wood fence, solid brick wall, solid poured concrete wall, and other fences and walls of similar character.

[Added 5-27-2014 by Ord. No. 2014-005]

FENCE OR WALL, ORNAMENTAL

A fence of open construction that serves as a decorative landscape element. A fence or wall that exhibits a decorative aspect across the entire face of the fence or wall, through the use of multiple materials or other features that place an emphasis on the decorative character of the fence or wall rather than the functional aspect of the fence or wall to enclose or otherwise identify a space. An ornamental fence or wall may be of solid or open construction unless specified otherwise by this chapter. Examples of decorative fences and walls include, by example, picket fences, split rail fences, wrought iron fences, brick and/or stone walls, and combinations thereof. Unless expressly provided for elsewhere in this chapter, "ornamental fence" shall not be construed to include wire-woven, mesh-like and other similar appearing fences, including those commonly referred to as cyclone and chain-link fences, and mesh-like fences commonly used to contain farm animals irrespective of the dimensions of the mesh comprising the fence.

[Amended 5-27-2014 by Ord. No. 2014-005]

FENCE/WALL

An accessory structure of narrow depth intended to enclose a space, to screen or block views to a space, to serve as a physical barrier, and/or to serve as a decorative landscape element. A fence is typically constructed of wood, materials made to look like wood, plastics or wrought iron. A wall is typically constructed of brick, stone, poured concrete, and/or other masonry materials.[1]

[Amended 5-27-2014 by Ord. No. 2014-005]

FLOOD HAZARD AREA

Land which, on the basis of available floodplain information, is subject to a one-percent or greater chance of flooding.

FLOOD HAZARD BOUNDARY MAP

An Official Map of a community, issued by the Federal Insurance Administration, whereon the boundaries of the areas of special flood hazards have been designated as Zone A.

FLOOD INSURANCE RATE MAP

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.

FLOOD INSURANCE STUDY

The official report provided by the Federal Insurance Administration, containing flood profiles, the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A temporary partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODWAY

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.

FLOOR AREA, GROSS

The sum of all gross areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed and uncovered porches, unenclosed and covered porches, courtyards, or patios shall not be considered as part of the gross area except where they are utilized for commercial purposes such as the outdoor sale of merchandise.

FLOOR AREA, MINIMUM (FOR A DWELLING UNIT)

The sum of all gross floor areas of all stories of a dwelling unit, measured from the outside dimensions of the outside face of the outside wall. Unenclosed and uncovered porches, courtyards, or patios shall not be considered as part of the minimum floor area.

FLOOR AREA, USABLE

For the purposes of computing parking requirements, usable floor area shall be considered as that area to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairways, and elevator shafts, or for restrooms and janitorial service rooms shall be excluded from this computation of usable floor area. Usable floor area shall be measured from the interior faces of the exterior walls, and total usable floor area for a building shall include the sum of the usable floor area for all floors.

FOSTER CARE FACILITY

An establishment which provides supervision, assistance, protection, or personal care, in addition to room and board, to persons. A foster care facility does not include a home for the aged or a nursing home, licensed under PA 139 of 1956, as amended,[2] or a mental hospital for mental patients licensed under PA 151 of 1923.[3]

(1) FAMILY HOME A facility which provides foster care to six or fewer persons.

(2) GROUP HOME A facility which provides foster care to seven or more persons.

FRONTAGE

The total continuous length of the front lot line. For the purpose of determining the yard requirement on corner lots, all sides of a lot adjacent to streets shall be considered frontage. On a circular turnaround or cul-de-sac the minimum frontage requirement shall be measured at the front setback line.

GARAGE, COMMERCIAL

Any garage other than a private garage, available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARAGE, PRIVATE

An accessory building not over one story or 15 feet in height used for parking or storage of vehicles as may be required in connection with the permitted use of the principal building.

GASOLINE SERVICE STATION

A building or premises used for the retail sale of fuel, lubricants, air, water, and other commodities designed for motor vehicles, aircraft and boats. Such an operation may include space and facilities for selling, installing, or adjusting tires, batteries, parts and accessories within a completely enclosed building, and may include accessory convenience store merchandise primarily sold to patrons purchasing gasoline and/or services.

GOVERNING BODY

The Village Council of the Village of Bellevue.

GRADE

The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

HOME BUSINESS

An accessory use to a customary farming operation or non-farm household located in a rural area involving the sale of goods and services which are conducted either from within the dwelling and/or from accessory buildings located within 500 linear feet of the dwelling unit occupied by the family conducting the home business.

HOME OCCUPATION

An accessory use of a dwelling unit for gainful employment which is conducted entirely within a dwelling and which is clearly incidental and secondary to the residential use of the lot, does not change the character of the dwelling, and meets all applicable provisions of this chapter.

HOSPITAL

An institution or place where sick or injured in-patients are given medical or surgical care at either public or private expense, and operating under license from the Michigan Department of Public Health.

HOUSEHOLD PET

Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include domestic dogs, domestic cats, domestic tropical birds, domestic tropical fish, and domestic rodents, but excluding animals which meet this chapter's definition for "livestock" or "wild animal."

IEC

The International Electrotechnical Commission.

[Added 10-27-2009 by Ord. No. 2009-002]

ISO

The International Organization for Standardization.

[Added 10-27-2009 by Ord. No. 2009-002]

JUNK

Miscellaneous solid waste, rubbish, scrap, debris, and reclaimable material located outside of a completely enclosed building, including, but not limited to, paper, rags, scrap metal and equipment, glass, household appliances, garbage, tires, vehicle parts, or motor vehicles which are inoperable, partially dismantled, wrecked, or abandoned, excluding farm machinery.

JUNKYARD

Any land or building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, or other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging of machinery, automobiles or other vehicles not in normal running conditions, or parts thereof.

[1] Editor's Note: The former definition of "fence, privacy," which immediately followed this definition, was repealed 5-27-2014 by Ord. No. 2014-005.

[2] Editor's Note: The Nursing Home and Home for the Aged Licensing Act, PA 139 of 1956, was repealed by Act 368 of 1978.

[3] Editor's Note: The Hospital Act for Mentally Diseased Persons, PA 151 of 1923, was repealed by Act 175 of 1966.

C. Definitions of words and phrases beginning with the letters "K" through "O":

KENNEL

Any lot or premises on which four or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.

LEASE UNIT BOUNDARY

Boundary around property leased for the purposes of a wind energy system, including adjacent parcels to the parcel on which the wind energy system tower or equipment is located. For purposes of setback, the lease unit boundary shall not cross road rights-of-way.

[Added 10-27-2009 by Ord. No. 2009-002]

LIVESTOCK

Cattle, horses, sheep, goats, llamas, swine, poultry, and other animals or fowl which are being produced primarily for commercial profit or slaughter, or home use, but excluding animals which meet this chapter's definition for "wild animal."

LOADING SPACE

An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise or materials.

LOT

Land described in a recorded plat or by metes and bounds description, including a condominium unit in a condominium subdivision, occupied or to be occupied by a building, structure, land use or group of buildings, having sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards, coverage and buildable area requirements of this chapter, and having its principal frontage upon a public street or on a private road.

LOT AREA, NET

The area within the lot lines of a lot, exclusive of any public street right-of-way abutting any side of the lot.

LOT COVERAGE

The amount of a lot, stated in terms of percentage, that is covered by all buildings, and/or structures located thereon. This shall be deemed to include all buildings, roofed porches, arbors, breezeways, patio roofs, whether open box types and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, unroofed decks or patios or swimming pools. Lot coverage shall be measured from the dripline of the roof or from the wall or foundation if there is no projecting portion of the roof.

LOT LINES

The lines bounding a lot or parcel.

(1) FRONT LOT LINE The line(s) separating the lot from any street right-of-way, private road or other access easement.

(2) REAR LOT LINE The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary line at least 10 feet in length, entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line.

(3) SIDE LOT LINE Any lot line other than a front or rear lot line.

LOT OF RECORD

A lot which is part of a subdivision, the map of which has been recorded in the Office of the Eaton County Register of Deeds prior to the adoption or amendment of this chapter, or a tract, parcel or lot described by metes and bounds, the deed to which has been recorded in the office of the Eaton County Register of Deeds prior to the adoption or amendment of this chapter.

LOT WIDTH

The straight line distance between the side lot lines, measured at the two points where the minimum required front setback line intersects the side lot lines.

LOT, CORNER

Any lot having at least two contiguous sides abutting upon one or more streets or approved private roads, provided that the interior angle at the intersection of such two sides is less than 135°. A lot abutting a curved street(s) shall be a corner lot if the arc of the street has a radius less than 150 feet.

LOT, DEPTH OF

The distance between the front and rear lot lines, measured along a line midway between the side lot lines.

LOT, FLAG

A lot whose access to the public street is by a narrow, private right-of-way that is either a part of the lot or an easement across another property and does not meet the frontage requirements of the district in which it is located.

LOT, INTERIOR

A lot other than a corner lot which, with the exception of a "through lot," has only one lot line fronting on a street.

LOT, THROUGH

An interior lot having frontage on two more or less parallel streets.

MAJOR AUTOMOBILE SERVICE AND REPAIR STATION

Buildings and premises for the primary purpose of engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame and fender repair, and painting.

MAJOR THOROUGHFARE

A public street, the principal use or function of which is to provide an arterial route for through traffic, with its secondary function the provision of access to abutting property and which is classified as a county primary road by Eaton County or as a principal or minor arterial by the Michigan Department of Transportation or as a major thoroughfare on the master plan.

MANUFACTURED HOUSING

A dwelling unit which is wholly or substantially constructed at an off-site location. Manufactured housing includes mobile homes and modular housing units.

MASTER PLAN

The statement of policy by the Planning Commission relative to the agreed upon desirable physical pattern of future community development consisting of a series of maps, charts, and written material.

MINI STORAGE (WAREHOUSE) FACILITIES

A building or group of buildings in a controlled access or fenced area that contains individual compartmentalized and controlled storage of customers' goods or wares which are generally not accessed on a daily basis.

MINOR AUTOMOBILE SERVICE AND REPAIR STATION

Buildings and premises for the primary purpose of the retail sales of gasoline, oil, grease, batteries, tires and other operational fluids and accessories for automobiles, and the installation of such items, and for other minor automobile repair not to include auto refinishing, body work or painting, dismantling of vehicles for the purpose of reuse or resale of parts, or storage of automobiles other than those in for immediate repair. Retail sales may include convenience store merchandise sold primarily to patrons purchasing fuel or services.

MINOR THOROUGHFARE

A public street identified as a county local road by Eaton County, except that no street in a platted subdivision, nor any private road, shall be considered a minor thoroughfare under this chapter.

MOBILE HOME

A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term mobile home shall not include pickup campers, travel trailers, motor homes, modular homes, recreational vehicles, converted buses, tent trailers, or other transportable structures designed for temporary use.

MOBILE HOME PARK

A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

MODULAR (PREMANUFACTURED) HOUSING UNIT

A dwelling unit constructed solely within a factory, as a single unit, or in various-sized modules or components, which are then transported by truck or other means to a site where they are assembled on a permanent foundation, meeting all construction codes and regulations.

MOTEL

A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for travelers and providing for accessory off-street parking facilities. The term "motel" shall include buildings designated as hotels, auto courts, tourist courts, motor courts, motor hotel, and similar appellations which are designed as integrated units of individual rooms under common ownership. A motel shall not be considered or construed to be a multiple-family dwelling.

MOTOR HOME

A self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreational activities and temporary occupancy.

NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT)

A lot lawfully existing prior to the effective date of this chapter, or a subsequent amendment thereto, and which fails to meet the area and/or dimensional requirements of the zoning district in which it is located. This definition includes and expands upon any definition of a nonconforming lot or record, and/or substandard lot as may be provided by relevant law.

NONCONFORMING STRUCTURE

A building or structure (or portion thereof) lawfully existing at the time of adoption of this chapter or a subsequent amendment thereto, that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the zoning district in which it is located.

NONCONFORMING USE

A use of a building or structure or of a parcel or tract of land, lawfully existing at the time of adoption of this chapter or subsequent amendment thereto, that does not conform to the provisions of the chapter. This definition includes and expands upon any definition of a nonconforming use as may be provided by relevant law.

NONCONFORMING USE OR STRUCTURE-CLASS A

A nonconforming use or structure which has been designated to be allowed to be perpetuated and improved under the provisions of this chapter.

NONCONFORMING USE OR STRUCTURE-CLASS B

A nonconforming use or structure which has been designated to be allowed to be perpetuated within the restricted provisions of this chapter.

NUISANCE

An offensive, annoying, unpleasant, or obnoxious thing or practice or a cause or source of annoyance, especially a continuing or repeated 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, including, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, objectionable effluent, noise of a congregation of people particularly at night, passing traffic, or invasion of street frontage by traffic generated from an adjacent land use which lacks sufficient parking and circulation facilities. Farm operations, as defined by the Michigan Right to Farm Act, PA 93 of 1981, MCLA § 286.471 et seq., as amended, shall not be considered nuisances where generally accepted agricultural and management practices of the Michigan Commission of Agriculture are adhered to.

NURSING HOME

An installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury, or an infirmity.

ON-SITE WIND ENERGY SYSTEM

A land use for generating electric power from wind that is intended to primarily serve the needs of the consumer at that site.

[Added 10-27-2009 by Ord. No. 2009-002]

OUTDOOR COMMERCIAL RECREATION USE

An outdoor recreational facility operated as a business and open to the public for a fee, including, but not limited to, campgrounds, riding stables, rental cottages, swimming beaches, boat rentals, shooting preserves, and athletic fields.

D. Definitions of words and phrases beginning with the letters "P" through "T":

PARCEL

A lot described by metes and bounds or described in a recorded plat.

PARK

A parcel of land, building or structure open to the public for recreational purposes, including, but not limited to, playgrounds, sport fields, game courts, trails, picnicking areas, and leisure time activities.

PARKING AREA, OFF-STREET

A land surface or facility providing off-street vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide vehicular access to the parking spaces.

PARKING SPACE

An accessible area of land provided for vehicle parking, exclusive of drives, aisles, or entrances giving access thereto.

PAVEMENT

Asphalt or portland cement concrete.

PERSONAL SERVICES

An establishment or place of business primarily engaged in the provisions of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and nail salons, barbershops, shoe repair shops, tailor shops, laundromats and dry cleaners.

PLANNED COMMERCIAL CENTER

A business development consisting of two or more retail outlets characterized by a unified grouping of stores, under common architecture, served by a common circulation and parking system.

PLANNED UNIT DEVELOPMENT

A tract of land or lot, 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 uses and may include commercial or industrial areas in such range or ratios of nonresidential to residential uses as shall be specified and in accord with the goals and objectives of the master plan.

PLANNING COMMISSION

The Bellevue Joint Planning Commission established pursuant to Public Act 226 of 2003, MCLA § 125.131 et seq., by the Village of Bellevue Ord. No. 107 and the Township of Bellevue Ord. No. 4.

PLAT

A map of a subdivision of land recorded with the Register of Deeds pursuant to the Subdivision Control Act of 1967, as amended, MCLA § 560.101 et seq., or a prior statute.

PLOT PLAN

Depicts all salient features of a proposed development. A plot plan generally contains less comprehensive and detailed information about improvements proposed on the site than does a site plan, and is required for such uses as single- and two-family dwellings.

PRINCIPAL BUILDING

A building on a lot in which the principal use exists or is served by such building.

PRINCIPAL USE

The main use to which the premises are devoted and the main purpose for which the premises exist.

PRIVATE ROAD

A private way or means of approach which provides access to two or more abutting lots, and which is constructed and maintained by the owner or owners and is not dedicated for general public use.

PRIVATE SANITARY SEWAGE DISPOSAL SYSTEM

An individual on-site sewage disposal system as defined in the Barry–Eaton District Health Department Sanitary Code.

PRIVATE WATER SUPPLY

A well or other water supply system approved by the Barry–Eaton District Health Department pursuant to Part 127 of Act 368 of the Public Acts of 1978, as amended, MCLA § 333.12701 et seq.

PROHIBITED USE

A use of land which is not permitted within a particular zoning district.

PUBLIC SANITARY SEWER

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 discharge.

PUBLIC USES

Public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

PUBLIC UTILITY

Any person, firm, or corporation, municipal department, board or commission, duly authorized to furnish, and furnishing under federal, state, or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

REASONABLE ACCOMMODATION USE

Housing accommodations for handicapped persons in residential districts.

RECREATIONAL VEHICLE

A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle (Act 96, Michigan Public Acts of 1987, MCLA § 125.2301 et seq., as amended).

RECREATIONAL VEHICLE PARK

All lands and structures which are owned and operated by private individuals, or a business or corporation which is predominantly intended to accommodate recreational vehicles and provide for outdoor recreational activities.

RESTAURANT, DRIVE-THROUGH

A restaurant in which all or a substantial portion of the business consists of serving foods and beverages in a ready-to-consume state from a drive-through window to patrons in motor vehicles. A drive-through restaurant may also have indoor seating.

RESTAURANT, STANDARD

An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state primarily for on-premises consumption, and whose principal method of operation includes one or both of the following characteristics:

(1) Customers, normally provided with an individual menu, are served their food and beverage by a restaurant employee, at the same table or counter at which food and beverage are consumed;

(2) Cafeteria-type operation where food and beverage generally are consumed within the restaurant building.

RIGHT-OF-WAY

A street, alley, or other thoroughfare or easement permanently established for passage of persons, vehicles, or the location of utilities. The right-of-way is delineated by legally established lines or boundaries.

ROADSIDE STAND

A structure used seasonally for display and sale of agricultural produce. The seasonal operation of a roadside stand shall not be considered a commercial use.

ROTOR

An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting, through rotation, kinetic energy directly from the wind.

[Added 10-27-2009 by Ord. No. 2009-002]

SANITARY LANDFILL

A method of disposing of refuse on land without creating nuisances or hazards to public health or safety by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of suitable cover at the conclusion of each day's operation or at more frequent intervals as necessary; and maintained in accordance with the provisions of Act 87 of Public Acts of 1965, as amended[4] and other Public Acts governing such operations.

SATELLITE DISH ANTENNA

Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

SCHOOL

An educational institution under the sponsorship of a private or public agency providing elementary or secondary curriculum, and accredited or licensed by the State of Michigan; but excluding profit-making private trade or commercial schools.

SCREEN

A structure providing enclosure, such as a fence, and a visual barrier between the area enclosed and the adjacent property. A screen may also be nonstructural, consisting of shrubs or other growing materials.

SEASONAL MOBILE HOME PARK

A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual or temporary basis but occupied on a temporary basis only, 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. A seasonal mobile home park does not include a campground licensed pursuant to PA 368 of 1978.[5]

SETBACK

The unoccupied distance between lot lines and principal and accessory buildings or uses required to meet the front, side and rear yard open space requirements of this chapter.

SHADOW FLICKER

Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as, but not limited to, a window at a dwelling.

[Added 10-27-2009 by Ord. No. 2009-002]

SIGN

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names or marks, or other representation, or combination thereof, by which anything is made known, which is located upon any land or on or in any building, in such manner as to attract attention from outside the premises and intended to convey information to the public.

SITE CONDOMINIUM (CONDOMINIUM SUBDIVISION)

A method of subdivision where landownership of sites is regulated by the Condominium Act (PA 59 of 1978, as amended, MCLA § 559.101) as opposed to the Subdivision Control Act of 1967 (MCLA § 560.101). "Condominium subdivision" shall be equivalent to the term "subdivision" as used in this chapter.

SITE PLAN

A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this chapter. A site plan contains more comprehensive and detailed information about improvements proposed on the site than does a plot plan because of the more complex nature of land uses required to receive site plan approval, such as business, industrial, and multiple-family developments.

SOLID WASTE

Garbage, rubbish, paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, ashes, incinerator residue, street cleanings, municipal and industrial sludges, and solid commercial and solid industrial waste, animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products, and slag or slag products directed to a slag processor or to a reuser of slag or slag products.

SOUND PRESSURE

An average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound as measured at a receiver.

[Added 10-27-2009 by Ord. No. 2009-002]

SOUND PRESSURE LEVEL

The sound pressure mapped to a logarithmic scale and reported in decibels (dB).

[Added 10-27-2009 by Ord. No. 2009-002]

SPECIAL LAND USES

Uses which are reasonably compatible with the permitted primary uses and structures within a zoning district, but which require special consideration in relation to the health, safety, convenience and general welfare of the Village's inhabitants.

STABLE, COMMERCIAL

A structure and/or land use where horses are bred, reared, trained and/or boarded for remuneration.

STABLE, PRIVATE

An accessory structure and/or land use where horses are kept solely for private use by the occupants of the parcel.

STOP-WORK ORDER

An administrative order served on the property owner which directs a person not to continue, or not to allow the continuation of, an activity which is in violation of this chapter.

STORY

That part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the space between the floor and the ceiling or roof next above it.

STORY, HEIGHT OF

The vertical distance from the top surface of one floor to the top surface of the next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.

STREET

A public thoroughfare or approved private road which affords the principal means of access to abutting property.

STREET LINE

The legal line of demarcation between a street right-of-way and abutting land.

STREET, MAJOR

A public way, the principal use of which is to provide an arterial route for through traffic and has as its secondary use the provision of access to abutting properties.

STREET, MINOR

A public way, the principal use of which is to give access to abutting properties.

STRUCTURAL ALTERATION

The erection, strengthening, removal, or other change of the supporting elements of a building, such as footings, bearing walls, beams, columns, and the like.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

TRAILER COACH

See "mobile home."

TRAILER COACH PARK

See "mobile home park."

TREE CANOPY

The total spread of limbs and branches of a tree.

[4] Editor's Note: The Garbage and Refuse Disposal Act, PA 87 of 1965, was repealed by PA 642 of 1978.

[5] Editor's Note: See MCLA 333.1101 et seq.

E. Words and phrases beginning with the letters "U" through "Z":

UNDEVELOPABLE LAND

Land which has soil types or a high-water table condition which presents severe limitations upon the use or type or types of construction which should be placed thereon.

USE

The purpose for which land or building(s) thereon are arranged, occupied, maintained, let or leased.

USABLE FLOOR AREA

The area used for or intended to be used for the sale of merchandise or services or to serve patrons, clients, or customers. Usable floor area shall be the sum of the gross floor areas of the several floors of the building measured from the interior faces of the exterior walls, less floor area used or intended to be used principally for the storage or processing of merchandise or utilities.

UTILITY GRID WIND ENERGY SYSTEM

A land use for generating power by use of wind at multiple tower locations in a community and includes accessory uses such as, but not limited to, a SCADA tower, electric substation. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.

[Added 10-27-2009 by Ord. No. 2009-002]

VARIANCE

A modification of the literal provisions of this chapter which the Zoning Board of Appeals is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought and not the result of action of the applicant.

WALL

See definition for "fence or wall."

[Added 5-27-2014 by Ord. No. 2014-005]

WILD ANIMAL

Any animal not domesticated by humans; or which attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals; or which a person is prohibited from possessing by law.

WIND ENERGY SYSTEM

A land use for generating power by use of wind; utilizing use of a wind turbine generator and may include the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid. See also "on-site wind energy system" and "utility grid wind energy system."

[Added 10-27-2009 by Ord. No. 2009-002]

WIND SITE ASSESSMENT

An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

[Added 10-27-2009 by Ord. No. 2009-002]

WOODLAND

A lot, parcel or tract of land containing 50% or more of its area covered by a canopy of trees.

YARD

An open space, on the same lot with a principal building, unoccupied and unobstructed from the ground upward by a building or structure, except as otherwise permitted in this chapter and as defined herein (see figure at end of this section):

(1) FRONT YARD An open space extending the full width of the lot, the depth of which is the minimum distance between the front lot line and the nearest point of the principal building foundation. There is a front yard on each street side of a corner lot.

(2) REAR YARD An open space extending the full width of the lot, the depth of which is the minimum distance between the rear lot line and the nearest point of the foundation of the principal building. In the case of corner lots, the rear yard designated by the owner.

(3) SIDE YARD An open space between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the distance from the nearest point of the side lot line to the nearest point of the foundation of the principal building.

(4) INTERIOR SIDE YARD A side yard abutting a side yard of an adjacent lot.

(5) EXTERIOR SIDE YARD A side yard abutting a street.

ZONING ADMINISTRATOR

The person or persons designated to administer and enforce the Zoning Ordinance.

ZONING BOARD AND BOARD OF APPEALS

The Zoning Board of Appeals.

ZONING LOT

A lot or combination of lots utilized by a single use which for the purpose of determining setback requirements shall be considered as a single lot or parcel.