Zoning Ordinance - Article 2

ARTICLE 2

DEFINITIONS AND RULES APPLYING TO TEXT

Section 2.01 Rules Applying to Text.

Unless the context clearly indicates the contrary, the following rules shall apply to the text and language of this Ordinance:

1. The particular shall control the general.
2. In case of any difference of meaning or implication between the text of this Ordinance and any caption, the text shall control.
3. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
4. Words used in the present tense shall include the future, words used in the singular number shall include the plural, and the plural shall include the singular.
5. The word "used" or "occupied," as applied to any land or building, shall be  construed to include the words "intended, arranged, or designed to be used or occupied."
6. Any word or term not defined below shall be interpreted according to its common meaning or usage.

Section 2.02 Definitions.

Unless otherwise indicated, definitions are not intended to regulate the buildings, structures, and uses of the matters described; they are meant only to define words used in this Ordinance. Illustrations of specific definitions are provided in Section 2.03.

Accessory Building or Structure. A subordinate building or structure on the same lot or parcel of land as a principal building, occupied by or devoted to an accessory use.

Accessory Use. A use reasonably and customarily incidental and subordinate to the principal use of the building or structure, or the lot or parcel of land.

Adult Businesses. Establishments characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, including, but not limited to, adult book or video stores, adult movie theaters, adult personal service businesses, adult cabarets, adult novelty businesses, and nude modeling studios, as defined below. These provisions shall not apply to licensed physicians and certified members of the American Massage and Therapy Association and Associated Bodywork and Massage Professionals, while practicing within the scope of their license.

1. Specified anatomical areas are:
   1. Less than completely and opaquely covered:
      1. Human genitalia and pubic region;
      2. Buttocks, anus or perineum;
      3. Female breast below a point immediately above the top of the areola.
   2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. Specified sexual activities are:
   1. Sexual intercourse. Includes genital coitus, fellatio, cunnilingus, anal intercourse, bestiality, masturbation, sodomy, or any intrusion, however slight, of any part of a person's body, or of any object, for a sexual purpose, into any oral, genital or anal openings.
   2. Human genitalia in a state of sexual stimulation or arousal;
   3. Fondling or other erotic touching of human genitalia, pubic region, buttock, anus, perineum or female breast.
3. In particular, an adult business is any establishment:
   1. Devoting more than 20% of its floor area or stock in trade to the sale or display of items designed for sexual enjoyment or stimulation, or that simulate or feature specified anatomical areas or specified sexual activities;
   2. Featuring any method of non-therapeutic live or virtual display or presentation of specified sexual activities or specified anatomical areas, whether by models, performers, employees or customers, whether or not for remuneration;
   3. Providing a service that involves any non-therapeutic touching, massaging or decorating of specified anatomical areas;
   4. Having as its principal activity the applicating, decorating or placing of permanent marks upon or under specified anatomical areas by any method including, but not limited to, ink or any other substance resulting in the coloration or scarring of the skin by the aid of needles, blades or any other instrument designed to touch, cut, burn, pierce or puncture the skin.

Adult Foster Care Facility. A facility regulated by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. In accordance with the Michigan Zoning Enabling Act, PA 110 of 2006, being MCL 125.3206, an adult foster care facility providing supervision and/or care to six (6) or less persons shall be considered a residential use of property for zoning purposes and a permitted use in all residential zones, and shall not be subject to a special use or conditional use permit or procedure different from those required for other residential dwellings of similar density in the same zone. See also Assisted living facility, and Senior housing. (No. 1017, 12-11-06)

Alley. Any dedicated public way other than a street, providing a secondary means of access to any property, and not intended for general circulation.

Alteration: Any addition or modification to a building or structure or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, or girders, stairways, light or ventilation, means of egress and ingress, or any other changes affecting or regulated by the building code, the city's housing code or this Ordinance. This definition does not include minor repairs or changes not involving any of the above elements.

Amusement device. Any machine, which upon the insertion of a coin, slug, token plate or disc, or payment of a price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score.

Amusement arcade. A facility whose principal use is the operation of amusement devices, or where eight (8) or more amusement devices are operated.

Antique shop. A facility whose principal use is the sale of any merchandise which possesses artistic, historic or social value because of its age, workmanship, or style.

Apartment. A group of one or more rooms and a bathroom used as a dwelling for compensation.

Apartment building: A building or structure containing three (3) or more dwellings.

Assisted living facility. A building or group of buildings containing dwellings intended to be occupied by more than six (6) persons needing various degrees of assistance with daily living tasks. This definition includes nursing or convalescent homes, homes for the aged, mentally ill, developmentally disabled, or physically handicapped. An assisted living facility does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of "adult foster care facility" by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. See also Senior housing.

Automobile or Motor vehicle. Any car, truck under 1½ ton payload, van or motorcycle, but specifically excluding motorized wheelchairs or other personal transportation devices used by the physically challenged. However, the phrase "any vehicle," includes automobiles, commercial vehicles, and motorized recreational vehicles as those terms are defined in this Article.

Automobile Dealership. An integrated facility whose principal use is the sale of new or new and used automobiles, which also provides major and minor automobile repair. (No. 1030, 7-12-07)

Automobile service station. A facility whose principal use is the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into any vehicle. Automobile service stations may also incorporate the retail sale of accessories and services, such as detailing, and minor automobile repair, but not including major automobile repair as those terms are defined in this article.

Automobile repair - major. A facility whose principal use is the general repair, rebuilding or reconditioning of any vehicle, engine rebuilding, and for collision service such as body, frame, or fender straightening and repair, painting, undercoating, and vehicle rustproofing, including minor automobile repair. Storage of any vehicle which is inoperable or unlicensed is prohibited.

Automobile repair - minor. A facility whose principal use is providing any of the following repair or replacement services for any vehicle: battery, brake, muffler, radiator, tire, shock absorber, window glass, wheel alignment, minor engine tune-up, and oil changing. The term minor automobile repair shall not include major automobile repair. Storage of any vehicle which is inoperable or unlicensed is prohibited.

Automobile washes. A facility whose principal use is washing or detailing any motor vehicle either by hand, automatic or self-service means.

Banquet hall. A facility whose principal use is to be rented out for gatherings, with or without food and beverage service, and which may allow live entertainment and dancing.

Basement. That portion of a building having less than four (4) feet above finished grade (see Section 2.03, Figure 1).

Bed and breakfast. A use which is accessory to the principal use of a building by its operators as a single-family dwelling in which guests are provided a sleeping room and breakfast in return for compensation for periods of fourteen (14) days or less. These facilities shall contain no more than six (6) sleeping rooms for compensation.

Block. The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets, or between one intersecting street and a railroad right-of-way, or any other barrier to the continuity of development.

Boarding house. A building other than a lodging facility, multiple family dwelling, hotel or motel, where lodging or lodging and meals is provided in return for compensation.

Body decorating salon. A facility having as its principal activity the applicating, decorating or placing of permanent marks upon or under the skin by any method including, but not limited to, ink or any other substance resulting in the coloration or scarring by the aid of needles, blades or any other instrument designed to touch, cut, burn, pierce or puncture the skin.

Building. Any structure having a roof supported by columns or walls.

Buildable area. The buildable area of a lot is the space remaining after the minimum open space and setback requirements of this Ordinance have been met.

Building code. Any code regulating building construction in the City of Ferndale.

Building height. The vertical distance measured from the finished grade level 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 ridges of gable, hip, and gambrel roofs. Where a building is situated on sloping terrain, its height shall be measured from the average level of the finished grade at the building wall (see Section 2.03, Figure 2).

Building setback line. The line established by the minimum required setbacks listed in the Schedule of Regulations which delineate the area within a lot or parcel of land on which a building may be located.

Building inspector. A state-licensed administrative official designated by the City to enforce the Building Code.

Building permit. An official document issued by the City which grants permission to a contractor, individual, or entity to erect or alter a building or structure.

Business and Technical School. A facility whose principal use is teaching culinary, health and medical (medical assistant, occupational, physical or speech therapist, etc), computer, cosmetology, broadcast/media, business, legal, creative (commercial art, fashion, graphic art, video, web design, CAD, visual and fine art) skills, generally in an office setting. (No. 1025, 5-1-07)

Carport. A roof projecting from a building, or a freestanding structure without walls used as a shelter for an automobile or recreational vehicle.

Child foster care facility. An assisted living facility for children licensed by the State of Michigan pursuant to the Child Protection Law, MCL 722.111 et. seq., as amended.

Commercial vehicle. Any truck over 1½ ton payload and any vehicle or trailer, with or without an attached delivery body, used to transport people, equipment, materials or supplies for commercial purposes and which requires commercial license plates.

Condominium. A development containing residential, commercial, office, industrial, or other structures or improvements permitted in the zoning district where it is located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, and shared rights to associated general common elements, as described in the master deed. The following additional definitions are provided:

1. Condominium Act. MCL 559.01 et. seq. as amended.
2. Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
3. Condominium lot. The condominium unit and the contiguous limited common elements surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Land Division Act, MCL 560.101 et. seq., as amended.
4. Condominium unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
5. General common elements. Areas designated for the use of all coowners, including yards, foundations, basements, floors, walls, hallways, stairways, elevators.
6. Limited common elements. Areas reserved in the master deed for the exclusive use of less than all of the co-owners.
7. Master deed. The document recording the condominium project, including the bylaws and the condominium subdivision plan for the project, and all other information required by the Condominium Act, MCL 559.108, as amended.

Construction equipment. Equipment required for the demolition, excavation, repair, or construction of any building or structure or the transport of construction materials.

Convalescent or nursing home. See Assisted living facility.

Day care center. A facility receiving twelve (12) or more children for care and supervision for periods of less than twenty-four (24) hours at a time, and where the parents or guardians are not immediately available to the child. See also Family day care home and Group day care home.

Director. The Director of the Community Development Services Department or his/her designee.

District. A portion of the City within which certain uses, buildings and structures are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

Drive-through facility or establishment. A facility where patrons are served in their vehicles.

Dwelling. A building or portion of a building which is used principally as a residence, including:

1. Multiple-family dwelling. A building designed for and occupied by three (3) or more families in separate units, living independently of each other.
2. Single-family dwelling. A building designed for and principally occupied by one family.
3. Two-family dwelling. A building consisting of two (2) single family dwellings.
4. Single-family attached dwelling. A building designed for and occupied by two (2) or more families living independently of each other in separate units with shared common walls and a ground floor entry for each individual unit.
5. Manufactured or prefabricated dwelling. A building or structure constructed in accordance with state or federal laws which is preconstructed and transported to the building site.

Easement. The right to use the property of another for purposes of ingress, egress, utilities, drainage or similar uses. Structures, buildings or similar uses shall not be constructed over a public easement without express written approval of City.

Efficiency Unit. A dwelling consisting of one room containing living, sleeping and kitchen facilities and a separate bathroom.

Essential services. Services that are erected, constructed, altered, or maintained by public utilities or municipal agencies for the benefit of the public. Essential services do not include pay telephones.

Family. For the purposes of this Ordinance, a family shall include a domestic or a functional family as defined below:

1. Domestic family. One or more people living together as a single domestic, housekeeping unit, related by blood, marriage or adoption, with no more than one additional unrelated person living on the premises.
2. Functional family. People living together as a single domestic, housekeeping unit whose relationship is of a permanent and distinct character with demonstrable and recognizable bonds which constitute the functional equivalent of the bonds which render a domestic family a cohesive unit. There shall be a rebuttable presumption, enforceable by the Director, that the number of unrelated people who may reside together as a functional family shall be limited to four (4) unrelated persons.

Family day care home. A private home in which one but fewer than seven minor children are received for care or supervision, for more than four weeks during a calendar year, for periods less than twenty-four 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.  See also Day care center and Group day care home.

Fence. A structure erected upon a property line or front setback line for the purpose of screening, enclosing or separating properties, or for protecting the property within its enclosure.

Floor area. The sum of the gross horizontal areas of each story, floor or level of a building measured from the exterior faces of the exterior walls or from the center line of common walls separating two buildings.

1. In the case of residential uses, the areas of unfinished attics, breezeways, unenclosed porches, and basements are excluded.
2. In the case of non-residential uses, the areas of common or multi-tenant hallways, stairways, stairwells, elevator shafts, toilet rooms, mechanical equipment rooms, basements and vaults are excluded.

Frontage. A lot line facing a public street or an approved private street (see Section 2.03, Figure 5). See also Lot and Lot lines.

Fuel dispensing unit. A device for pumping fuel into a maximum of two (2) motor vehicles simultaneously.

Garage. An accessory building or portion of a main building designed or used primarily for the storage of any vehicle owned or used by the occupants of the building to which it is accessory.

Gazebo. A permanent roofed or sheltered structure which consists generally of open, screened or lattice-work construction which may be used for outdoor seating but is not designed for year-round use.

Grade. The degree of rise or descent of a sloping surface (see Section 2.03, Figure 3).

Grade, finished. The degree of rise or descent of the final elevation of the ground surface at the highest point of ground contacting any portion of the basement or foundation of a building after development (see Section 2.03, Figure 3).

Grade, natural. The degree of rise or descent of the elevation of the ground surface in its natural state, before man-made alternations (see Section 2.03, Figure 3).

Group day care home. A private home in which more than six but no more than twelve minor children received for care or supervision, for more than four weeks during a calendar year, for periods less than twenty-four 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. See also Family day care home and Day care center.

Health or fitness club. A facility whose principal use is the provision of exercise equipment, facilities or classes for use by members for compensation.

Home business or home occupation. Any use primarily conducted entirely within a dwelling and carried on entirely by its inhabitants, which use is clearly incidental and secondary to the principal use of the dwelling as a residence and does not change its character. Clinics, hospitals, motor or recreational vehicle repair or repossession, and kennels shall not be permitted home businesses.

Hospital. A facility licensed by the State, including hospices and physical rehabilitation centers, which provides in-patient and out-patient medical and surgical services and which may include related facilities such as laboratories, medical testing services, central service facilities and staff offices.

Hotel. A lodging facility with a common entrance or entrances containing rooms with individual bathrooms, and in which may have general kitchen and common dining room or restaurant facilities. See also Motel and Lodging facility.

Junk vehicle. Any motor vehicle which has been, for more than three (3) weeks, inoperative, in a state of disassembly, disrepair, stripped, dismantled, undergoing major overhaul or body work or fails to comply with the state motor vehicle code related to registration or licensing.

Junk yard. See Scrap yard.

Kennel. A facility where dogs, cats, or other domestic pets are boarded, bred, or cared for in return for remuneration, or are kept for the purpose of sale. A kennel shall also mean the keeping of more than three (3) dogs, three (3) cats, or three (3) other domestic pets, or a total of more than six (6) domestic pets over the age of six (6) weeks.  Kennels are prohibited in the City except in connection with a veterinary or pet grooming establishment.

Landscaping. A collection of vegetation planted and maintained in conjunction with approved uses, buildings or structures, including:

1. Berm. A mound of earth landscaped with living plant materials which blends with the surrounding terrain.
2. Buffer. A landscaped area composed of a greenbelt and a wall established and/or maintained to provide visual screening, noise reduction, or transition.
3. Diameter at breast height (dbh). The circumference of a tree measured at fifty-four (54) inches above grade.
4. Greenbelt. A landscaped area.
5. Opacity. The state of being at least eighty (80) percent impervious to sight.
6. Screen. An upright visual barrier such as a fence, wall or opaque landscaping.

Loading space. An off-street accessory parking space used for loading and unloading commercial vehicles.

Lodging facility. A building or group of buildings designed to provide temporary lodging for compensation including hotels and motels but not including bed and breakfast operations, multiple family dwellings and boarding houses. See also Hotel and Motel.

Lot. A platted parcel of land, excluding any portion located in a street or other right-of-way.  Such lot shall have frontage on a public street, or on an approved private street. The following additional definitions are provided.

1. Lot, Buildable. A lot of sufficient size to meet the minimum requirements of the Schedule of Regulations for use, coverage, lot area, setbacks and open space.
2. Lot, Corner. A lot with frontage on two intersecting streets. (See Section 2.03, Figure 4).
3. Lot, Through or Double Frontage. A lot other than a corner lot with frontage on two roughly parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the application for a zoning determination or a building permit. (See Section 2.03, Figure 4).
4. Lot, Interior. A lot with only one lot line fronting on a street. (See Section 2.03, Figure 4).

Lot area. The total area of a platted parcel of land, excluding any portion located in a street or other right-of-way. (See Section 2.03, Figure 5).

Lot coverage. That part or percentage of the lot occupied by buildings or structures including permanent accessory buildings and in-ground swimming pools. Structures such as decks and unenclosed porches which do not extend more than thirty (30) inches above the finished grade of the surrounding area are excluded.

Lot depth. The mean horizontal distance between the front lot line and the rear lot line.

Lot lines. Any line dividing one lot from another or from a public right-of-way, delineating the property lines, including:

1. Front lot line. In the case of an interior lot, the line between the lot and the public street or approved private street. In the case of a corner lot or a double frontage lot, the line between the lot and the street which is designated as the front street in the plat or application for a zoning determination or a building permit. (See Section 2.03, Figure 5).
2. Rear lot line. The lot line opposite and most distant from the front lot line. In the case of an irregularly shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See Section 2.03, Figure 5).
3. Side lot line. All lot lines other than a front or rear lot line. (See Section 2.03, Figure 5).

Lot of record. A lot in existence at the time of adoption of this Ordinance, the dimensions of which are shown on a subdivision plat of land recorded in the Office of the Register of Deeds for Oakland County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a Professional Engineer or Registered Surveyor, so designated by the State of Michigan, and said description recorded with the Register of Deeds for Oakland County.

Lot width. The horizontal distance between the side lot lines measured at the two points where the required front setback line intersects the side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to eighty (80) percent of the required lot width. (See Section 2.03, Figure 5).

Major project. A development larger than two (2) acres or 25,000 square feet.

Manufacturing. A facility whose principal use is the physical, mechanical or chemical transformation of materials or substances into new products including assembling, making, preparing, inspecting, finishing, treating, altering or repairing, or the blending of materials such as oils, plastics or resins.

Massage establishment. A facility that complies with the requirements of the Massage Establishment Licensing Regulations in the Ferndale Code of Ordinances, as amended.

Mezzanine. An intermediate floor between stories occupying but not exceeding one-third (1/3) of the floor area of the story directly below.

Mobile home. A detachable single-family dwelling, prefabricated on its own chassis, intended for long-term occupancy, and designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling, but without a permanent foundation. The unit shall contain sleeping accommodations, a flush toilet, a wash basin, a tub or shower, kitchen and living quarters.

Mobile home park. Any parcel of land intended and used to accommodate more than one (1) mobile home for living use, which is offered to the public for that purpose; including any structure, facility, area, or equipment used or intended for use by park management or residents.

Motel. A lodging facility containing rooms with direct access to the outside, individual bathrooms, and which may contain cooking facilities. A motel may also contain a common dining or restaurant facility. See also Hotel and Lodging facility.

Non-conforming building. A building or portion of a building lawfully existing at the effective date of this Ordinance, as amended, which does not conform to the provisions of the zoning district in which it is located.

Non-conforming use. A use which lawfully occupied a building or structure or parcel of land at the effective date of this Ordinance, as amended, which does not conform to the use  regulations of the zoning district in which it is located.

Off-street parking. See Parking lot.

Open air business uses. Outdoor business uses having a permanent building or structure on the premises, including:

1. Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, compost, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
2. Retail sale of fruit and vegetables.
3. Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement parks or similar recreation uses.
4. Outdoor display and sale of garages, swimming pools, and similar items.
5. Outdoor sales and rental of recreational vehicles, lawn care equipment, construction equipment, and similar uses and rental of motor vehicles.  (No. 1030, 7-12-07)

Parking lot, accessory or off-street. A structure or a tract of land other than a driveway, or a street or other right-of-way, designed and used for parking or storage of any vehicle by the occupants, employees and patrons of the building or premises to which it is accessory.

Parking lot, public. A structure or a tract of land, other than an accessory parking lot or a street or other right-of-way, designed and used for parking or storage of any vehicle by the general public, whether or not for remuneration.

Parking space. One unit of a parking area. A parking space does not include driveways, aisles, stacking spaces or access lanes.

Parking space, handicapped accessible. A parking space which meets all of the standards of the Americans With Disabilities Act.

Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed including parking garages, deck parking, and underground or under building parking areas. A parking structure can be the primary structure or accessory to another use.

Pawnbrokers. A person, corporation, or other entity that loans money on deposit or pledge of personal property or other valuable items, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable items on condition of selling the same back at a stipulated price.

Pawnshop. A facility where a pawnbroker conducts business.

Place of assembly. A building in which people congregate, or which is designed, arranged, remodeled or normally used for the congregation of more than twenty-five (25) persons, including but not limited to stadiums, sports arenas and religious institutions.

Planned Unit Development. A zoning development approach to physical growth which may combine housing, commercial, light manufacturing and open space uses in the same zone. See Section 4.17.

Principal building or structure. The main building or structure where the primary use is conducted.

Principal Use. The primary use of a lot, parcel of land, building or structure.

Private club. A fraternal organization, lodge or similar use, which may provide food and beverage service, live entertainment, dancing and rental facilities to members.

Public utility. Any person, firm, corporation, or municipal agency authorized under Federal, State, County or municipal regulations to furnish electricity, gas, communications, transportation, water, or sewer services. Privately-owned wireless communication facilities are not considered public utilities.

Recycling facility. A facility that collects, sorts, compacts, crushes, bales or reloads materials for reprocessing, reuse, or remanufacture. See also Reuse facility.

Recreational vehicle. A vehicle designed for travel, camping or recreational use, whether or not motorized, and its respective transportation equipment. However, the phrase "motorized recreational vehicles" means recreational vehicles powered by an engine, such as ATVs, RVs, snowmobiles, jet skis, and motor boats. See also automobiles.

Resale shop. The retail sale of any used merchandise.

Restaurant. A facility whose principal business is the sale of prepared food and beverages as defined below.

1. Restaurant, drive-in. Refer to Section 7-39 of the City Code of Ordinances.
2. Restaurant, drive-through. A standard restaurant that also sells prepared food or beverages to patrons in motor vehicles, typically through a window, for consumption off of the premises.
3. Restaurant, standard. A restaurant that sells prepared food or beverages for consumption on or off the premises. A standard restaurant may have an outdoor seating area. See also Sidewalk cafe.
4. Sidewalk café. Refer to the Sidewalk Café Ordinance.

Retail establishment- large. A facility with a floor area greater than 5,000 square feet, offering merchandise and services for sale.

Retail establishment–small. A facility with a maximum floor area of 5,000 square feet, offering merchandise and services for sale.

Reuse facility. A facility whose principal use is the collection, sorting, repair, resale, or redistribution, on site, of used clothing, furniture, household goods, building materials or tools.

Right-of-Way. A legal right of passage over real property typically associated with streets, alleys and railroads.

Scrap yard. Any area for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof.

Self-storage facility. A facility whose principal use is the rental of storage units.

Senior housing. A building or group of buildings containing dwellings intended to be occupied by elderly persons, as defined by the Federal Fair Housing Act, as amended. Senior housing includes independent living arrangements but does not include assisted living facilities or adult foster care facilities regulated by the State of Michigan. Senior housing is designed and operated for use by elderly people who desire and are capable of maintaining an independent household. Such housing may provide services such as security, housekeeping, meals and recreational and social activities. Individual dwellings within such a facility shall contain kitchen facilities and be designed to promote independent living.

Setback. The minimum required horizontal distance between a building or structure and the front, side, and rear lot lines. (See Section 2.03, Figure 6).

Shopping center. A group of commercial establishments developed under one site plan and constructed and managed as a total entity. Shopping centers shall provide customer and employee parking on-site and loading spaces separated from customer access.

Special land use. A use which is subject to special approval by the City Council. A special land use may be granted only when a specific provision in this Ordinance allows it. A special land use is not considered to be a nonconforming use.

Stacking spaces. The off-street parking spaces required in a drive-through facility, where customers wait to be served.

Story. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, the space between the floor and the ceiling or roof above it, but excluding mezzanines and basements.

Story, one-half. That portion of a building under a sloping roof having a finished floor area with head room over five (5) feet that does not exceed one-half (1/2) of the floor area of the floor below.

Street. A public or private thoroughfare, other than an alley, which affords the principal means of access to abutting property.

Structure. A combination of materials that form a construction for use, occupancy, or ornamentation, whether installed on, above, or below grade. All buildings are structures, however, not all structures are buildings. Structures include such things as buildings, towers, sheds (wooden or synthetic), gazebos, and decks and swimming pools that extend more than thirty (30) inches above finished grade.

Structural Alterations. See Alteration.

Trade and Vocational School. A facility whose principal use is teaching automotive, construction (cabinet making, carpentry, electrical, HVAC, masonry, plumbing, etc), manufacturing or welding skills, generally in a shop setting. (No. 1025, 5-1-07)

Warehouse. A facility in which goods or merchandise are stored prior to distribution.

Wholesale Store. A facility in which goods or merchandise are not sold at retail. "Wholesale store" shall not include membership-based warehouse facilities.

Wireless Communication Facilities. Refer to the City Wireless Communications Ordinance.

Yard, front. The space extending across the full width of a lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line, measured perpendicularly to the building at its closest point to the front lot line. (See Section 2.03, Figure 7). See also Lot lines, front.

Yard, rear. The space extending across the full width of a lot, the depth of which is the minimum horizontal distance between the principal building and the rear lot line, measured perpendicularly to the building at its closest point to the rear lot line. (See Section 2.03, Figure 7). See also Lot lines, rear.

Yard, required. The space that lies between a building or structure and the nearest lot line which is unoccupied and unobstructed between finished grade and thirty (30) inches above finished grade. The measurement of a yard shall be the minimum horizontal distance between the lot line and the any building or structure measured perpendicularly to the building at its closest point to the lot line. Fences and screening walls are permitted in required side and rear yards, subject to the requirements of the Building Code. Attached garages and similar structures are considered part of a principal building.

Yard, Side. The space extending across the full length of building or structure, between but not overlapping the front and rear yards, the depth of which is the minimum horizontal distance between any building or structure and the nearest side lot line and measured perpendicularly to the building at its closest point to the side lot line. (See Section 2.03, Figure 7).

Section 2.03 Figures.

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Figure 7