§ 1.40. Definitions.

For the purpose of this Ordinance, certain terms or words shall be defined as follows:

Accessory building: An accessory building or structure is a subordinate building or structure (e.g., gazebos, storage sheds, and garages) on the same lot, not a part of the main building, occupied by or devoted exclusively to an accessory use. A garage or utility area attached to a residence or connected to it by a common roof or covered breezeway is not considered to be an accessory building.

Accessory Structure

Accessory use: An accessory use is a use naturally and normally incidental to, subordinate to, and auxiliary to the permitted use of the premises.

Adult day care facility: A facility which provides daytime care for any part of a day but less than twenty-four (24) hour care for functionally impaired elderly persons provided through a structured program of social and rehabilitative or maintenance services in a supportive group setting other than the client's home. Such facilities are not licensed, however those receiving funds through an area agency on aging must comply with adult day care standards promulgated by the Michigan Office of Services to the Aging.

Adult foster care facility: A governmental or nongovernmental establishment that provides supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation for adults over eighteen (18) years of age. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an on-going basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released or assigned to a correctional facility. These facilities are licensed and regulated by the state under Michigan Public Act 218 of 1979, as amended, and rules promulgated by the Michigan Department of Consumer and Industry Services. Such facilities are classified further as follows:

1.

Adult foster day care congregate facility: An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.

2.

Adult foster care small group home: An adult foster care facility with the approved capacity to receive twelve (12) or fewer adults to be provided with foster care.

3.

Adult foster care large group home: A private residence with the approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided with foster care.

4.

Adult foster care family home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for twenty-four (24) hours a day for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult regulated uses or sexually oriented businesses: Any business which primarily features sexually stimulating material and/or performances, including the following:

1.

Adult bookstore: An establishment having a substantial portion [more than twenty (20) per cent] of its stock in trade books, magazines, and other periodicals, and/or photographs, drawings, slides, films, video tapes, recording tapes, and novelty items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined herein) or an establishment with a segment or section devoted to the sale or display of such material, which segment or section exceeds ten (10) per cent of the useable floor area of the establishment.

2.

Adult cabaret:

a.

Group A cabaret: An establishment which features nude or semi-nude entertainers, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, nude or semi-nude waitresses or waiters, or similar entertainers, or an establishment which features live entertainment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas," (as defined herein) for observation by patrons therein.

b.

Group B cabaret: An establishment licensed by the Michigan Liquor Control Commission, which offers beer or intoxicating liquor for consumption on the premises and features nude or semi-nude entertainers, topless dancers, go-go dancers, exotic dancers, strippers, male of female impersonators, nude or semi-nude waitresses or waiters, or similar entertainers, or which features live entertainment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas," (as defined herein) for observation by patrons therein.

3.

Adult model studio: Any place where models who display "specified anatomical areas," (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of compensation or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

4.

Adult motion picture arcade or miniature motion picture theater: Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," (as described herein).

5.

Adult movie theater or adult live stage performing theater: An enclosed building or room used for presenting motion picture films, video tapes, cable or satellite television, or any other visual media having as a dominant theme, materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activity" or "specified anatomical areas," (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

6.

Adult outdoor motion picture theater: A drive-in theater where a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

7.

Adult personal service business: A business having as its primary activity a person, while nude or while displaying "specified anatomical areas," (as defined herein), providing personal services for another person. Such a business includes, but is not limited to, modeling studios, body painting studios, wrestling studios, and conversation parlors.

Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services; massages, body rubs, body painting, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult personal service establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult personal service establishment:

a.

Establishments that routinely provide such services by a licensed physician, a licensed chiropractor, a licensed physical therapist, a licensed nurse practitioner, or any other similarly licensed or certified medical professional;

b.

Establishments which offer massages performed by certified massage therapists;

c.

Gymnasiums, fitness centers, and health clubs;

d.

Electrolysis treatment by a licensed operator of electrolysis equipment;

e.

Continuing instruction in martial or performing arts, or in organized athletic activities;

f.

Hospitals, nursing homes, medical clinics, or medical offices;

g.

Barber shops, beauty parlors, hair stylists and salons which offer massages by certified massage therapists; and

h.

Adult photography studios whose principal business does not include the taking of photographs of "specified anatomical areas," (as defined herein).

8.

Adult video store: An establishment having a substantial portion of its stock in trade devoted to the distribution, display, storage, or on-premises viewing of films, movies, motion pictures, video tapes, slides, or other visual representations which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

9.

Sexual paraphernalia store: An establishment having a substantial portion of its stock in trade devoted to the distribution, display, or storage of instruments, devices, or paraphernalia designed for use related to "specified anatomical areas" or as part of, in connection with, or related to "specified sexual activities," (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

10.

Special definitions. With respect to adult regulated uses or sexually oriented businesses, the following terms and phrases shall have the following meanings:

a.

Substantial portion: A use or activity accounting for more than twenty (20) per cent of any one or more of the following: stock in trade, sales revenue, display space, floor space, viewing time, movie display time, or entertainment time measured per month.

b.

Specified anatomical areas: Portions of the human body defined as follows:

1)

Less than completely and opaquely covered:

a)

Human genitalia and pubic region;

b)

Buttock and anus; and

c)

Female breast below a point immediately above the top of the areola; or

2)

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

c.

Specified sexual activities: The explicit display of one or more of the following:

1)

Human genitals in a state of sexual stimulation or arousal;

2)

Fondling or other erotic touching of human genitalia, pubic region, buttocks, anus, or female breast;

3)

Human sex acts, normal or perverted, actual or simulated including, but not limited to human masturbation, oral copulation, sexual intercourse, or sodomy;

4)

Human excretory functions as part of, or as related to, any of the activities described above;

5)

Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or related to, any of the activities described above.

d.

Sexual intercourse: Fellatio, cunnilingus, anal intercourse, or any other intrusion, however slight, of any part of a persons body, or of any object, into the genital or anal openings of another's body.

e.

Sodomy: Sexual bestiality.

f.

Buttock: The anus and perineum of any person.

g.

Massage parlor: An establishment wherein private massage is practiced, used, or made available as a principal use of the premises.

h.

Massage: The manipulation of body muscle or tissue, by rubbing, stroking, kneading, tapping, or vibrating, through the use of a physical, mechanical, or other device, of the body of another for a fee.

i.

Nude modeling studio: Any building, structure, premises, or a part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.

Agricultural use: An agricultural use is any land or building used for a purpose of producing grain, fruit, nursery stock, dairy products, vegetables, livestock or fowl, or other crops and animal husbandry.

Alley: An alley is a dedicated public way providing a secondary means of ingress to or egress from land or structures thereon, as designated upon the zoning map.

Alteration: The term alteration means any change, additional, or modification in construction or type of occupancy; any change in structural members of a building, such as walls, partitions, columns, beams, girders, or any changes which may be referred to herein as "altered" or reconstructed.

Antenna: Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital, signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals.

Apartment: A room or suite of rooms used as dwelling for one (1) family or a group of individuals living together as a single housekeeping unit, which does its cooking therein.

Apartment, accessory: A single apartment unit contained within a single-family home or separate from, but contained within the same lot as a single-family home, meeting the regulations of this Ordinance. Commonly referred to as a "mother-in-law" apartment.

Accessory Apartment

Apartment house: An apartment house is a residential structure containing three (3) or more apartments.

Appeal: An entreaty or demand for a hearing or review of facts and/or actions in connection with the public enforcement of this Ordinance.

Architectural features: Shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments found on buildings, residential or nonresidential.

Architectural Features

Arcade: A building or portion thereof which contains coin-operated mechanical amusement devices, video games, etc. for use by the general public.

Art gallery: A building or portion thereof used for the display of paintings, photographs, textiles, etc., which may or may not include retail sales related to the art work.

Area, gross site: The total area of a planned unit development site including flood plains and water bodies.

Automotive fueling station: A place where engine fuels are offered for sale (stored only in underground tanks), excluding facilities for automotive repair or servicing, and with or without accessory space for the retail sale of automotive or general merchandise.

Automotive repair station: A place, where along with or without the sale of engine fuels, the following services may be carried out in a completely enclosed building: general repair; engine and transmission rebuilding, or recondition or motor vehicles; collision services, such as body, frame, or fender straightening and repair, steam cleaning, or undercoating and rust proofing; overall painting and undercoating of automobiles; clutch, differential, axle, and spring repairs; repairs of the radiator that require removal; recapping or retreading of tires; and similar servicing, rebuilding or repairs that normally require significant disassembly or storing the automobiles on the premises overnight.

Automotive service center/station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, aircraft, or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the temporary storage of vehicles not over forty-eight (48) hours, minor repair, or servicing that do not normally require any significant disassembly of the vehicle.

Automobile wash establishment: A building, or portion thereof, the primary purpose of which is washing motor vehicles, either with self-service mechanisms or with the use of a chain conveyor and blower.

Bank: An establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds by drafts or bills of exchange. May not include drive-in teller windows, booths, and accessory buildings, automated teller machines, etc. designed to serve customers either in their automobiles or on foot.

Bar, cocktail lounge, or night club: An establishment licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where more than thirty (30) per cent of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to and consumed by customer, and also including areas dedicated for the use of stages, dance floors, standing-room areas, pool tables, and similar mechanical amusement devices.

Base flood: A flood having a one (1) per cent chance of being equaled or exceeded in any given year.

Basement: A portion of a building partly or wholly below the finished grade level and so located that the vertical distance from said grade level to its floor is greater than the vertical distance from said grade level to its ceiling. A basement shall not be counted as a story unless over fifty (50) per cent of its height is above the level from which the height of the building is measured, or it is used for dwelling purposes by other than a janitor or domestic servant in the same building, including the family of the same.

Bedroom: A room in a dwelling unit used for or intended to be used solely for sleeping purposes by human beings.

Berm: A mound of soil graded, shaped, and improved with landscaping in such a fashion so as to be utilized for screening purposes.

Billboard (off-premises signs): A type of advertising that is either erected on the ground or attached to, painted on, or supported by a building, which directs attention to a business commodity, service, entertainment, or other activity conducted, sold, or offered at a place other than on the premises on which the sign is located.

Block: The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets and unsubdivided acreage, lake; or between any of the foregoing, and any other barrier, to the continuity of development.

Board of zoning appeals: The board of zoning appeals of the City of Eaton Rapids.

Boarding house: A boarding house is a dwelling where meals, or lodging and meals, are provided for compensation to three (3) or more persons by pre-arrangement for definite periods of not less than one (1) week. A boarding house is to be distinguished from a hotel, motel, or a convalescent or nursing home.

Boat: Boats, floats, rafts, and the attached normal equipment to transport the same on highways.

Brewpub: A restaurant or tavern (as defined in this Ordinance), licensed by the State of Michigan to produce and manufacture not more than five thousand (5,000) barrels of beer per calendar year in Michigan, and sell at retail on the premises the beer produced and manufactured for consumption on or off the premises in the manner provided for in MCLA 436.31b and 426.31c.

Buffer zone: A strip of land often required between certain zoning districts or land uses reserved for plant material, berms, walls, or fencing to serve as a visual barrier.

Buffer Zone

Buildable area: The space remaining after the minimum setback requirements of the Ordinance have been met.

Buildable Area

Building: A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattel, is a building. This shall include tents, awnings, or vehicles situated on private property and used for the purposes for a building. When any portion thereof is completely separated from every other part thereof, by division, walls from the ground up, and without openings, each portion of the such building shall be deemed a separate building.

Building, accessory: A supplementary building or a portion of a main building, the use of which is incidental to, customarily found in connection with, devoted exclusively to, and subordinate to that of the main building. "Accessory building", includes garages, garden equipment sheds, small greenhouses, swimming pools, and accessory apartments.

Building height: The vertical distance measured from the reference 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 ridge of gable, hip, and gambrel roofs.

Building Height

Building inspector: The building inspector of the City of Eaton Rapids or his authorized representative.

Building line (setback line): A line established in general, parallel to the front street right-of-way line between which line and the front line, no part of a building shall project, except as otherwise provided in this Ordinance.

Setback Lines

Building permit: The written authority issued by the building inspector permitting the construction, removal, moving, alteration, or use of a building in conformity with the provision of this Ordinance.

Building, public and semi-public institutional: Buildings and structures of governmental agencies, and non-profit organizations including, but not limited to office buildings (used exclusively for this purpose), churches, municipal parking lots, post offices, libraries, and community centers.

Build-to line: An alignment that dictates the front yard setback from a street or public right-of-way to be followed by buildings or structures fronting thereon. The build-to line does not apply to building projections or recesses.

Building supply center: A commercial enterprise that sells building materials including, but not limited to lumber, plumbing supplies, electrical supplies, etc., to either the general public or to contractors.

Camper, pick-up: A recreational unit designed to be mounted on a pick-up or truck chassis, with sufficient equipment to render it suitable for use as a temporary lodging for travel, recreational, and vacation uses.

Canopy tree: A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purposes of a canopy tree are to shade to adjacent ground areas and to enhance aesthetics.

Catering establishment: A building or portion thereof used for the preparation of food for consumption on the premises of the same by those who have rented or leased the facility. Also referred to as a banquet center.

Cellar: A portion of a building having more than one-half (½) of its height below grade (see also Basement).

Cemetery: Land used or intended to be used for burial of the human dead and dedicated for such purpose.

Certificate of occupancy: A certificate issued by the building inspector, after final inspections, indicating his or her opinion that all the provisions of this Ordinance are being complied with and met. No building or structure or use for which a zoning permit has been issued shall be occupied until the building inspector has, after final inspection, issued a certificate of occupancy (CO). The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this Ordinance.

Child care organization: A governmental or nongovernmental organization having as its principal function, the receiving of minor children for care, maintenance training, and supervision, notwithstanding that educational instruction may be given. These facilities care for children under the age of eighteen (18) years of age, and are licensed and regulated by the State under Act No. 116 of the Public Acts of 1973, as amended and Act No. 218 of the Public Acts of 1979, as amended, and the associated rules promulgated by the State Department of Consumer and Industry Services. Such care organizations are classified as below:

1.

Child care center or day care center: A facility other than a private residence, receiving one (1) or more pre-school or school aged children for group day care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day.

The facility is generally described as a child care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Child care enter" or "day care center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

2.

Child caring institution: A child care facility which is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four (24) hour basis, in a building maintained for that purpose, and operate throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools, or an adult foster care facility in which a child has been placed.

3.

Foster family home: A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

4.

Foster family group home: A private home in which more than four (4) but less than seven (7) children, who are not related to an adult member of the household by blood, marriage, or addition, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

5.

Family day care home: A private home in which more than one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty-four (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. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.

6.

Group day care home: A private home in which more than six (6) but not more than twelve (12) children are given care and supervision for periods of less than twenty-four (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. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.

Church: A building, the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses.

Clinic: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals on an outpatient basis only. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for inpatient care or major surgery.

Club: An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics, or the like, but not for profit.

Cluster housing: A group of buildings and especially houses built close together to form relatively compact units on a sizeable tract in order to preserve open spaces and environmentally sensitive areas larger than the individual yards for common recreation.

Commission: The City of Eaton Rapids Planning Commission.

Condominium: A system of separate ownership of individual units and/or multiple unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.

Condominium Act: State of Michigan Public Act 59 of 1978, as amended.

Condominium, contractible: A condominium project from which any portion of the submitted land or building may be withdrawn in pursuant to express provisions in the condominium documents and in accordance with the City of Eaton Rapids Code of Ordinances.

Condominium, conversion: A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

Condominium, convertible area: A unit or portion of the common elements of the condominium project referred in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this Ordinance and the Condominium Act.

Condominium, expandable: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

Condominium, general common element: The common elements other than the limited common elements intended for the common use of all of the co-owners.

Condominium, limited common element: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

Condominium, site condominium project: A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this Ordinance.

Condominium subdivision plan: Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Public Act 59 of 1978, as amended.

Condominium Terminology

Condominium Terminology

Condominium unit site (i.e., site condominium lot): The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium site shall become a limited common element. The term "condominium unit site" shall be equivalent to the term "lot" for purposes of determining compliance of a site condominium subdivision with the provisions of this Ordinance pertaining to minimum lot size, minimum lot width, minimum lot coverage, and maximum floor area ratio.

Condominium unit: The portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, time-share unit, or any other type of use.

Convalescent home or nursing home: A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said homes shall conform and qualify for licenses under applicable state laws.

Convenience store: A retail establishment offering for sale pre-packaged food products, household items, newspapers, magazines, sandwiches and other freshly prepared foods, for off-site use and/or consumption.

Court: An open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

Cul-de-sac: A dead-end public or private street which terminates in a circular or semi-circular section of street which allows for vehicle turnaround.

Density: The number of dwelling units situated on or to be developed per net or gross acre of land.

Detention facility: A facility designed for holding stormwater runoff for a short period of time and then releasing it to the natural watercourse where it returns to the hydrologic cycle.

Development: The construction of a new building or other structures on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

Development plan: A scaled drawing which shows the existing conditions, the location and dimensions of improvements upon a parcel of land, including but not limited to, location and size of buildings, driveways, parking areas, landscaping, sidewalks, signs, sewage systems, and drainage facilities, environmental features, and other elements required herein as applicable to the proposed development to ensure compliance with this Ordinance.

District: A portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established. This term is synonymous with the terms "zone" or "zoning district."

Drainage ways and streams: Existing permanent or intermittent watercourses.

Drive-in establishment: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles. Examples include but are not limited to, restaurants, cleaners, banks, and theaters.

Drive-through establishment: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to service patrons from a window or booth while in their motor vehicles, rather than within a building or structure, so that consumption off-premises may be facilitated.

Dwelling: Any structure, building, or portion thereof, on-site built, pre-fabricated, pre-assembled, or pre-built, having cooking facilities and which is designed, used, and occupied wholly as a home, residence, or sleeping place for complete living accommodations of one (1) family, either permanently or transiently, complying with not less than the following minimum standards:

1.

Foundation: The structure must be firmly and permanently attached to a solid block, poured-in-place concrete, stone foundation, or other suitable materials, set upon concrete footings, below the frost level. Said foundation shall completely extend from the structure to said footings and enclose the entire perimeter of the structure. Said foundation and footings shall be constructed in accordance with the building code and all pertinent state regulations, (except mobile homes located within a licensed mobile home park);

2.

Width: The exterior width of any structure as measured along the width of the building site and also as measured along the depth of the building site shall not be less than twenty-four (24) feet, (except mobile homes located within a licensed mobile home park);

3.

Eaves: All structures shall have an eave overhang of not less than one (1) foot as measured horizontally from the side of the structure to the outside edge of the eave, (except mobile homes located within a licensed mobile home park);

4.

Wheels: No structure shall have exposed wheels, towing mechanism, or undercarriage, and

5.

Kitchen and bath: The structure contains a full kitchen and a lavatory and bathing facilities in a separate room.

In no case shall a travel trailer, motor home, automobile chassis, tent, or other portable building be considered a dwelling. In cases of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this Ordinance and shall comply with provisions hereof relative to dwellings.

Dwelling, attached: A dwelling unit attached to one (1) or more dwelling units by common major structural elements.

Attached Dwelling

Attached Dwelling

Dwelling, detached: A dwelling unit which is not attached to any other dwelling unit by any means.

Dwelling, efficiency unit: A dwelling unit consisting of one (1) room, exclusive of a bathroom, kitchen, hallway, closet, or dining alcove directly off the principal room providing not less than three hundred fifty (350) square feet of floor area.

Dwelling, manufactured: A building or portion of a building designed for long-term residential use and characterized by all of the following:

1.

The structure is produced in a factory in accordance with construction standards recognized by the Michigan Manufactured Housing Commission;

2.

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

3.

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

For purposes of this Ordinance, a mobile home is considered a type of manufactured dwelling.

Dwelling, mobile home: A structure, transportable in one (1) or more sections, which is built upon a chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained within the structure. Recreational vehicles as described and regulated herein, shall not be considered "mobile homes" for the purposes of this Ordinance (see Mobile Home (Manufactured Housing Unit)).

Dwelling, multiple: A building or portion thereof used or designed as a residence for two (2) or more families living independently of each other and doing their own cooking in said building. This definition includes two-family houses, three-family houses, four-family houses, and apartment houses, but does not include hotels, motels, trailer camps, or mobile home parks.

Dwelling, row or terrace: A row of three (3) or more attached one-family dwellings, not more than two and one-half (2½) stories in height in which each dwelling has its own front and rear entrances.

Dwelling, single-family: A building designed for or occupied by only one (1) family.

Dwelling, site-built: A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of pre-cut materials, and paneled wall, roof, and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.

Dwelling, two-family: A building designed for or occupied exclusively by two (2) families living independently of each other.

Easement: A designated route or area granted to the city, a public entity, a private entity, or a private individual or reserved by the same across, into, and over a described area of a lot, yard, or other area of land either owned by the city or privately owned for use by the city, public entity, a private entity, or a private individual.

Erected: Built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential public service building: A building or structure principal or accessory to an essential public service.

Essential public service building storage yard: An outdoor storage area principal or accessory to an essential public service.

Essential services: The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers poles, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by public utilities or municipal department or commission or for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment. Telecommunication towers or facilities, alternative tower structures, and wireless communication facilities antenna are specifically excluded from this definition.

Excavating: The removal of sand, stone, gravel, or fill dirt below the average grade of the surrounding land and/or road grade, whichever shall be the highest, excluding common household gardening and ground care.

Family: An individual or group of two (2) or more persons related by blood, marriage, or adoption, together with foster children or servants of the principal occupants, with not more than three (3) additional unrelated persons, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or a collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuous, nontransient, domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition shall exclude 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 of other similar determinable periods.

Fence: An accessory structure of definite height and location intended to serve as a physical barrier to property ingress or egress, a screen from objectionable vista or noise, a marker, an enclosure in carrying out the requirements of this Ordinance, or for decorative use.

Filling: The depositing or dumping of any matter onto or into the ground, except common household gardening and general farm care.

Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area: Land which on the basis of available flood plain information is subject to a one (1) per cent or greater chance of flooding in any given year.

Flood insurance rate map (FIRM): An official map of a community, issued by the Federal Insurance Administration, which has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study: The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map, and the water surface elevation of the base flood.

Flooding, area of shallow: A designated AO Zone on the flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.

Flooding, ordinary high water mark: The line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface soil, and the vegetation.

Floodplain: Any land area susceptible to being inundated by surface water from any source (see Flood).

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.

Floodway, Floodplain and Flood Fringe

Floodway, Floodplain and Flood Fringe

Floor area, gross: The sum of the gross horizontal areas of the floors within outside walls of a building including basement, elevator shafts, and stairwells at each story, floor space used for mechanical equipment, penthouse, half-story, and mezzanine or interior balcony.

Floor area ratio (FAR): The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located.

Floor area, usable: Any floor area within outside walls of a building exclusive of areas in cellars, basements, utility areas, unfinished attics, garages, open porches, and accessory buildings.

Floor Area Terminology

Floor Area Terminology

Food: As used in connection with restaurant facilities, this term includes frozen desserts and nonalcoholic beverages.

Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the right-of-way line of the street.

Garage, community: An accessory building for the storage of noncommercial vehicles, with no public shop or service facilities in connection therewith.

Garage, private: An accessory building designed for or used for the storage of nor more than three (3) motor vehicles owned and used by the occupants of the principal residence on a lot to which it is accessory.

Garage, public: A building or structure for the storage or parking of more than three (3) passenger motor vehicles or motor-powered boats, or more than one (1) commercial motor vehicle, and in which provision may be made for the dispensing of gasoline, oil, or similar products for the servicing of such vehicles. A public garage shall be classified according to its specific use in one (1) of the following groups:

1.

Group 1: A public garage in which provision is made for the care, storage, repair, or painting of motor vehicles; or

2.

Group 2: A public garage used exclusively for passenger vehicles that will accommodate not more than nine (9) passengers.

Garbage: All wastes, animal, fish, fowl, or vegetable matter incident to the preparation, use, and storage of food for human consumption, spoiled food, animal, and fowl manure.

Garden center: An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies, landscaping materials, and equipment.

Glare: The effect produced by brightness or a source of illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade: The grade of the street or sidewalk shall be the elevation of the curb at the mid-point of the front of the lot. The elevation is established by the building inspector.

Grade, average: The arithmetic average of the lowest and highest grade elevations in an area within five (5) feet of the foundation line of a building or structure.

Grade, finished: The lowest point of elevation between the exterior wall of the structure and a line five (5) feet from the exterior wall of the structure.

Grade, natural: The elevation of the ground surface in its natural state, before construction begins.

Greenbelt: A strip of land, not less than ten (10) feet in width, which is planted with trees or shrubs acceptable in species and caliper to the planning commission and/or building inspector and in compliance with the requirements of this Ordinance.

Greenbelt

Greenbelt

Harmful increase: An unnaturally high stage on a river, stream, or lake that causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.

Hazardous materials: Any substance or material, that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Historical feature, significant: Any site or structure which is located in a designated local historic district or listed in the state or national register of historic places.

Home occupation: Any occupation or profession carried on by one or more members of a family, residing on the premises; provided that no commodity other than those customarily associated with the business is sold on the premises; provided further that no person other than the member of the immediate family residing on the premises; provided, further that no mechanical equipment is installed except such is normally used for purely domestic or household purposes; provided further, that not over twenty-five (25) per cent of the total actual floor area of any story is used for home occupation or professional purposes.

Permitted home occupations shall exhibit no evidence that a business is being conducted on the premises. Furthermore, the permitted home occupation shall not negatively impact the residential character of the neighborhood in which it is located. No outdoor storage nor use of any accessory building is permitted in the operation of a home occupation.

Home based business: A business in any occupation or profession carried on by one or more members of a family, residing on the premises, plus one additional nonresident employee, provided that no commodity other than those customarily associated with the business is sold upon the premises; provided further, that no mechanical equipment is installed except such as is normally used for purely domestic or household purposes; provided further, that not over twenty-five (25) per cent of the total actual floor are of any story of the dwelling or fifty (50) per cent or an on-site accessory building is used for the operation or storage of permitted home based business or professional purposes. No outdoor storage is permitted in association with the operation of a permitted home based business.

Permitted home based businesses shall exhibit no evidence that a business is being conducted on the premises excepting the limited outdoor signage as may be permitted by this ordinance. Furthermore, the permitted home based business occupation shall not negatively impact the residential character of the neighborhood in which it is located.

Hospital: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

Hotel: A building occupied or used as a more or less temporary abiding place or individuals or groups of individuals with or without meals, and in which there are more than five (5) sleeping rooms, and in which no provision is made for cooking in any individual room.

Housing for the elderly: An institution other than a hospital or hotel, which provides room and board to nontransient persons primarily sixty (60) years of age and older. Housing for the elderly may include:

1.

Senior apartments: Multiple-family dwelling units occupied by persons fifty-five (55) years of age or older.

2.

Elderly housing complex: A building or group of buildings containing dwellings where the occupancy is restricted to persons sixty (60) years or older or couples where either the husband or wife is sixty (60) years of age or older.

3.

Congregate or interim care housing: A semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

4.

Dependent housing facilities: Facilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

Junk: Any motor vehicle, machinery, appliance, product, or merchandise with parts missing or scrap metals, or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.

Junk yard: Automobile wrecking yards and salvage areas and any area of more than two hundred (200) square feet for the storage, keeping, or abandonment of junk, including scrap metals, other scrap materials, or reclaimed materials, or for the dismantling, demolition, or abandonment of automobiles, or other vehicles, or machinery, or parts thereof, but does not include uses established entirely within enclosed buildings.

Kennel: Any lot or premises on which three (3) or more dogs are either permanently or temporarily quartered.

Laboratory: A laboratory is a place devoted to experimental, routine study, or basic study such as testing and analytical operations and in which manufacturing of product or products, except prototypes, is not performed.

Land, common: A parcel or parcels of land with improvements thereon, the use, maintenance, and enjoyment of which are intended to be shared by the owners and/or occupants of individual building units in a subdivision or a planned unit development.

Landfill: A parcel of land or part thereof used primarily for the disposal by abandonment, burial, dumping, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Loading space: An off-street space on the same parcel of property with a building or group of buildings, for temporary parking of commercial vehicles while loading and unloading merchandise or materials.

Lot: Land occupied or to be occupied by a use, building, or structure and permitted accessory buildings together with such open spaces, lot width and lot area as are required by this Ordinance and having its principal frontage upon a public street or upon a private way used for street purposes. A lot need not be a lot of record to be included in this definition.

Lot, area: The total horizontal area within the lot lines of a lot.

Lot, corner: A lot having at least two (2) adjacent sides abut for their full length upon a street, provided that such two (2) sides intersect at an angle of not more than one hundred thirty-five (135) degrees. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than one hundred thirty-five (135) degrees, it is a corner lot. In the case of a corner lot with a curved street line, the corner is that point in the street lot line nearest to the point of intersection of the tangents described above.

Lot Types

Lot Types

Lot, interior: Any lot other than a corner lot.

Lot, nonconforming: A lot of record which does not meet the dimensional requirements of this Ordinance.

Lot, through or double-frontage: Any interior lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, one (1) street will be designed as the front street in the plat and the request for a building permit.

Lot coverage: The part or per cent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth: The mean horizontal distance from the front street line to the rear lot line.

Lot frontage: The length of the front lot line (see Frontage).

Lot lines: The lines bounding a lot as defined herein:

1.

Front lot line: In the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or a double-frontage lot, it is that line separating said lot from that street which is designated as the front street on the plat or in the request for the zoning permit.

2.

Rear lot line: That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot.

3.

Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record: A lot which actually exists as shown on the records of the county register of deeds, either in the form of a recorded map depicting the dimensions and configuration of the lot or as described by metes and bounds, the accuracy of which is attested to by a professional engineer or land surveyor, registered and licensed in the State of Michigan.

Lot, waterfront: Any lot having frontage on a lake, pond, river or stream in addition to frontage on a public or private street.

Lot width: The mean horizontal distance between the side lot lines, measured at right angles to the side lot lines. Where the side lot lines are not parallel, the lot width shall be considered as the average of the width between such side lot lines.

Marquee: A roof-like structure of a permanent nature, projecting from the wall of a building.

Marquee

Marquee

Massage therapist (certified): An individual specifically trained and certified in massage therapy and the healing arts by the American Massage Therapy Association or similar organization.

Master plan or comprehensive plan: The master plan including graphic and written proposals indicating the development goals and objectives, the planned future use of all land with the city, as well as the general location for streets, parks, schools, public buildings, and all physical development of the City of Eaton Rapids, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

Mezzanine: An intermediate or fractional story between the floor and ceiling of any story occupying not more than one-third ( 1/3 ) of the floor area of such story. A mezzanine shall be a full story when it covers more than fifty (50) per cent of the area of the story underneath such mezzanine or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.

Microbrewery: A brewer licensed by the State of Michigan which produces and manufactures in total, less than thirty thousand (30,000) barrels of beer per year, and who may sell at the licensed brewery premises the beer produced and manufactured to consumers for consumption on or off the licensed brewery premises. In determining the thirty thousand (30,000) barrel threshold, all brands and labels of a brewer whether brewed in this state or outside this state, shall be combined and all facilities for the production and manufacture of beer that are owned or controlled by the person(s) shall be treated as a single facility.

Mobile home (manufactured housing unit): A structure, transportable in one (1) 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. Mobile home does not include a recreational vehicle as described and regulated herein for the purposes of this Ordinance (see Dwelling, Manufactured, and Dwelling, Mobile Home).

Mobile home park (manufactured housing development): A parcel or tract of land under the control of a person upon which three (3) 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 therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park, subject to the conditions set forth in the Michigan Manufactured Housing Commission Rules and Michigan Public Act 96 of 1987, as amended.

Modular home: A dwelling which consists of pre-fabricated units transported to the site in two (2) or more sections on a removable undercarriage or flat bed and assembled for permanent location upon a permanent foundation on the lot, and to which such major elements as the heating system or a substantial potion of the siding are installed after transport, and which shall not be considered a mobile home.

Motel: A series of attached, semi-detached, or detached rental units containing bedroom, bathroom, and closet space wherein each unit has a separate individual entrance leading directly from the outside of the building.

Motor home park (trailer court): Any plot of ground upon which two (2) or more motor homes occupied for dwelling or sleeping purposes are located.

Municipality: The City of Eaton Rapids.

Nuisance: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of an activity or use across a property line which may be perceived by or affect a human being, or the generation of an excessive or concentrated movement of people or things such as: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, or invasion of nonabutting street frontage by traffic.

Nursery: An establishment where three (3) or more children not related by bonds of consanguinity or fostership to the family residing on the same premises, are for remuneration, cared for. Such facilities need not have a resident family on the premises (see Child Care Organization).

Nursing home: A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two (2) or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Act 139 of 1956, as amended, including convalescent homes or rest homes.

Occupancy: The purpose for which a building or part thereof is used or intended to be used.

Occupancy load: The number of individuals normally occupying a building or part thereof or for which the exitway facilities have been designed.

Offset: The distance between the center lines of driveways or streets across the street from one another.

Off-street parking lot: A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for parking or more than two (2) automobiles.

Open air business: Shall include the following:

1.

Garden supplies: The retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

2.

Fruits and vegetables: The retail sales of fruit and vegetables.

3.

Recreational uses: Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, driving range, children's amusement park, or similar recreation uses.

4.

Sales, servicing, and rentals: Bicycle, trailer, motor vehicle, boats or home equipment sales, service or rental services.

5.

Accessory buildings: Outdoor display and sale of garages, swimming pools, and similar uses.

Open front store: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter said structure.

Open space: Lands open from ground to sky and devoted to outdoor recreation space, greenery, and resource protection. Developed open spaces may include, but is not limited to, playground fixtures, shelter, and tennis courts.

Open space, common: An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners, and occupants, and generally owned and maintained in common by them, often through a home owners or property owners association.

Open space, public: Any primarily undeveloped land intended for passive recreational pursuits, within the jurisdiction and control of a governmental agency.

Open storage: Any outdoor storage of building materials, sand, gravel, stone, lumber, equipment, or other supplies.

Outlot: A parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.

Parcel of record: An area described by metes and bounds description and which is not necessarily a lot of record in a subdivision plat (see Lot of Record).

Park, municipal: A parcel of land that is used as a park and is operated under the supervision of the city.

Park, public: Any developed park, playground, beach, outdoor swimming pool, golf course, tennis courts, or otherwise intended for active recreational pursuits, within the jurisdiction and control of a governmental agency.

Parking space: An area for each automobile or motor vehicle, such spaces being exclusive of necessary drives, aisles, entrance or exits, and being fully accessible for the storage or parking of permitted vehicles.

Party store: A retail establishment licensed by the State of Michigan where more than ten (10) per cent of the gross floor area is utilized for the storage, display, and sale of alcoholic liquor, wine, beer, and other alcoholic beverages in the original package for consumption off the premises.

Pawnbroker: A person, corporation, or member, or members of a copartnership or firm, who loans money on deposit or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.

Planned Unit Development (PUD): A form of land development that is comprehensively planned as an entity via a unitary development plan which permits flexibility in building, siting, usable open spaces, and the preservation of significant natural features, which may contain a mixture of housing units and nonresidential uses.

Plant nursery: The retail handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities directly to the consumer.

Plat: A map of a subdivision of land.

Pool, wading: Any receptacle utilized for holding water which has a water depth not exceeding two (2) feet.

Pool, swimming: Any structure or container located above or below grade designed to hold water to a depth of greater than twenty-four (24) inches and intended for swimming or bathing.

Porch: An exterior appendage to a building which has a separate roof or a roof integral with the building which forms a covered approach to a doorway or vestibule.

Porch, enclosed: A porch separated from the outside by an all-weather partition or a partition which renders the area inside the partition habitable.

Porch, open: A porch not separated from the outside by either an all-weather partition or a partition rendering the area inside the partition habitable.

Projecting sign: A sign attached to a wall and projecting away from the face of that wall.

Projecting Signs

Property line: The lines bounding a lot, the lot line.

Public notice: A notice of the time, place, and purpose of a public hearing, which notice shall be posted in a manner and within a time frame as prescribed in this Ordinance or in applicable state law.

Public house (pub) or tavern: A restaurant licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where less than thirty (30) per cent of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to an consumed by customers, and also including areas dedicated for the use of stages, dance floors, standingroom areas, pool tables, and other mechanical amusement devices.

Recreation establishment, indoor: A privately owned facility designed and equipped for the conduct of sports, amusement, or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, such as gymnasiums and fitness centers, bowling alleys, indoor soccer facilities, racquetball and tennis clubs, ice and roller skating rinks, curling centers, and firearms ranges.

Recreation establishment, outdoor: A privately owned facility designed and equipped for the conduct of sports, amusements, or leisure time activities and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee such as tennis clubs, archery ranges, golf courses, miniature golf courses, golf driving ranges, water slides, batting cages and machines, skateboarding parks, and children's amusement parks.

Recreation land: Any public or private owned lot or parcel that is utilized for recreation activities such as, but not limited to camping, swimming, picnicking, hiking, nature study, hunting, boating, and fishing.

Recreational vehicle: Recreational vehicles shall include the following:

1.

Travel trailer: A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a travel trailer by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

2.

Pickup camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

3.

Motor home (trailer coach): A self-propelled motorized recreational vehicle intended, designed, used, or constructed, and duly licensable for travel and/or recreational usage, and for temporary human habitation, sleeping, and/or cooking and eating for one (1) or more persons, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor home generally contain sanitary, water, and electrical facilities.

4.

Folding tent trailer: A folding structure, mounted on wheels and designed for travel and vacation use.

5.

Boats and boat trailers: Boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

6.

Other recreational equipment: Snowmobiles, all terrain vehicles, special terrain vehicles, utility trailers, plus normal equipment to transport them on the highway.

Resource recovery facility: A lot or parcel of land with or without buildings, upon which used materials are deposited, separated, and processed for shipment for eventual reuse in new products, except that such facility shall not include the storage of inoperable automobiles and/or their parts.

Restaurant, carry-out: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:

1.

Containers: Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

2.

Consumption: The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

Restaurant, drive-in: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the consumer in a ready-to-consume state, and whose design or method of operation, or any portion of whose business, includes one (1) or both of the following characteristics:

1.

Service: Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by car-hop or by other means which eliminates the need for the customer to exit the motor vehicle.

2.

Consumption: The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is allowed, encouraged, or permitted.

Restaurant, fast-food: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes both the following characteristics:

1.

Containers: Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers.

2.

Consumption: The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

Restaurant, standard: Any establishment whose principal business is the sale of food, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one (1) or both of the following:

1.

Service: Customers are normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which such items are consumed.

2.

Consumption: A cafeteria style operation, where foods, frozen desserts, or beverages generally are consumed within the restaurant building.

Right-of-way: A street, alley, or other thoroughfare or easement permanently established for passage of persons or vehicles or placement of public and semi-public utilities and under the legal authority of the agency having jurisdiction over the right-of-way.

Roadside stand: A temporary or existing permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family on the premises, and its use shall not make into a commercial district, land which would otherwise be an agricultural or residential district, nor shall its use be deemed a commercial activity for purposes of this Ordinance.

Row houses: An attached dwelling separated from others in a row by a vertical unpierced wall extending from basement to roof, also know as a townhouse.

Rubbish: The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, etc.

Satellite dish antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured, and is in the shape of a shallow dish, parabola, cone, or horn used to transmit and/or receive television, radio, and other electromagnetic communication signals between terrestrially and/or extraterrestrially based sources. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, television reception only satellite antennas (TVRO), and satellite microwave antennas.

School, charter (public school academy): A public school and a school district, subject to the leadership and general supervision of the state board over all public education. A charter school or public school academy is authorized by the executive action of authorizing board which may be the board of a school district, an intermediate school board, or the board of a community college or a state public university.

School, home: A school which enables a child to be educated at the child's home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar. The home school family may choose whether to operate as a nonpublic school. If a home school family chooses to operate as a nonpublic school, it must register with the Michigan Department of Education.

School, nonpublic: A nonpublic school is any school other than a public school giving instruction to children below the age of sixteen (16) years and not under the exclusive supervision and control of the officials having charge of the public schools of the state. Nonpublic schools include private, denominational, and parochial schools.

School, public: A public elementary or secondary educational entity or agency that has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, public state university, or by the department or state board.

Screen, obscuring: A visual barrier between adjacent area or uses consisting of structures, such as a wall or fence, or living plant material.

Secondhand dealer: Any person whose business is that of dealing in, buying, selling, storing and exchanging secondhand goods, articles or merchandise of any kind, including lead pipe, tools, lighting fixtures, plumbing fixtures, radios, watches, jewelry, precious stones, musical instruments, electrical motors, electrical appliances, firearms, automotive parts and accessories, bicycles, clothing, wearing apparel, micrometers, typewriters, or any article of personal property or other valuable thing. This definition does not include:

(1)

New articles, wares or merchandise purchased at wholesale from manufacturers, wholesale distributors or jobbers for retail sale to customers;

(2)

Motor vehicles, old rags, waste paper, books, magazines, tapestries, antiques or household furniture; or

(3)

Secondhand or used tires when such tires are removed from the vehicle to which such tires are attached in the presence of the person receiving them.

Setback: The minimum horizontal distance between the front of the building, excluding steps and open porches and the front street or right-of-way line.

Setback, parking lot: The minimum horizontal distance between the street right-of-way or property line and the near edge of the parking lot, excluding necessary and/or approved driveways, frontage roads, and landscaping areas.

Setback, waterfront lot: The minimum horizontal distance between the front of the building, excluding steps and open porches and the average shoreline of the lake, pond, river or stream upon which the lot fronts.

Sign: Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminating device, which sign is constructed, attached, erected, fastened, or manufactured in any manner whatsoever, and which is displayed in any manner out of doors for recognized advertising purposes.

Stable, private: A stable for the keeping of horses for the use of residents of the principal use and shall not include the keeping of horses for others, or for commercial boarding, and with a capacity for not more than two (2) horses; provided, however, that the capacity of a private stable may be increased if the lot whereon such stable is located contains at least one (1) acre of land for each additional horse stabled thereon.

Stable, public: A stable other than a private stable, with a capacity for more than two (2) horses, and carried on within an unplatted tract of land of not less than ten (10) acres.

State equalized valuation: The value shown on the city assessment roll as equalized through the process of state and county equalization.

Steep slopes: Slopes with a grade of twelve (12) per cent or more.

Story: That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

A mezzanine shall be deemed a full story when it covers more than fifty (50) per cent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next above it is twenty-four (24) feet or more.

For the purpose of this Ordinance, a basement or cellar shall be counted as a story if over fifty (50) per cent of its height is above the level from which the height of the building is measured, or, if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same.

Basic Structural Terms

Story, half: A half story is the part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half (½) the floor area of said full story.

Street: A street is a public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

Structure: Anything constructed or erected which requires permanent location on the ground or attachment or something having such location.

Structural alteration: Any change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or any change in the width or number of exits, or any substantial change in the roof.

Structure, outdoor advertising: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including outdoor advertising statuary.

Subdivision: A subdivision as defined in the City of Eaton Rapids Code of Ordinances.

Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure either, (1) before the improvement or repair is started or (2) if the structure has been damaged and is being restored, before the damage occurred. This definition is applicable whether or not the alteration affects the external dimensions of the structure. This definition, does not however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration or a structure listed on the National Register of Historic Places or a state inventory of historic places.

Telecommunications towers and facilities or tower: All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition arc: citizen band radio facilities, short wave receiving facilities, radio and television broadcast reception facilities, satellite dishes, federally licensed amateur (HAM) radio facilities, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Temporary use or building: A structure or use permitted by the building inspector to exist during periods of construction of the main use for special events.

Tents: A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.

Thoroughfare, major: An arterial street which is intended to serve as a large volume traffic way for both the immediate city area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, or equivalent term.

Thoroughfare, secondary: An arterial street which is intended to serve as a traffic way serving primarily the immediate city area and serving to connect with major thoroughfares.

Tourist home or bed and breakfast inn: A use which is subordinate to its principal use as a private residence, owned by the operator and within which the operator resides while offering sleeping accommodations and serving breakfast at no extra charge to transient tenants for not more than fourteen (14) consecutive days.

Townhouses: A residential structure or group of structures, each of which contains three (3) or more attached single-family dwelling units with individual rear yards and/or front yards designed as an integral part of each single-family dwelling unit.

Truck gardening: Use of a lot or parcel for the raising of produce, that is customarily a small scale operation and often sold directly to the public on the premises.

Truck storage: An area used for the temporary storage of private trucks or trucks for hire.

Truck terminal: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution to other parts of the city or to be amalgamated for delivery in larger units to other points in the metropolitan area; or for distribution or amalgamation involving transfer to other modes of transportation.

Use: The purpose for which land or premises, or a building thereon, is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Use, conditional: A use of land which is permitted within a particular zoning district only if the applicable standards have been met and a site plan has been approved.

Use, illegal nonconforming: An existing use of land and/or structures, on the effective date of this Ordinance considered a nuisance, damaging to abutting property or hazardous to persons. Such use shall be discontinued and abated.

Use, legal nonconforming: An existing use of land and/or structures on the effective date of this Ordinance, which does not conform to the uses specified as permitted in a district, but which is not construed by this Ordinance to be a nuisance, damaging to abutting property, or hazardous to persons.

Variance: A modification of the literal provisions of the ordinance granted when strict enforcement of the ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The characteristics of a variance are: (a) undue hardship, (b) unique circumstances, and (c) peculiar to the specific property involved.

Vehicle, commercial: Any one of a class of vehicles and similar vehicles whose characteristics are described below which have or require commercial license plates and have a gross vehicle weight in excess of six thousand five hundred (6,500) pounds. Any commercially licensed vehicle which does not possess the characteristics of a commercial vehicle, as defined below, shall not be subject to the restrictions applying to commercial vehicles:

1.

Semi-trailer: A trailer unit which is customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone. Semi-trailer shall include trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies, and full or partial box-type enclosures, any of which above units exceed twelve (12) feet in height.

2.

Truck tractor: A commercial vehicle which is capable of attaching to and propelling semi-trailers, mobile homes, modular homes, boat trailers and similar units, and which is not customarily operated without an attached trailer.

3.

Other commercial vehicles: Any truck or motor vehicle with a cab and chassis with a stake, rack, dump body, wrecker body, tanker body, or any other body, the mounted height of which exceeds the height of the cab roof more than eight (8) inches. This shall include any vehicle which has a commercial license plate and which is designed to accommodate a body length in excess of nine (9) feet. Commercial vehicles do not include motor homes or recreational vehicles, but does include construction equipment such as backhoes, power shovels, bulldozers, earth moving equipment, and similar vehicles.

Veterinary clinic or hospital: An office of a duly licensed veterinary professional where diagnosis, treatment, surgery, and other veterinary care for domestic animals, horses, and livestock, and all other activities and rooming of animals are conducted within a completely enclosed building, except that a veterinary hospital may include outdoor boarding incidental to treatment.

Wall, solid masonry decorative: A wall made of stone or brick that is permanent in nature and is set upon footings or a foundation, and used for the purpose of screening one land use from the view of another.

Wall, parapet: An extension of a building wall above the roof which may serve to screen roof mounted mechanical equipment.

Wall, retaining: A permanent solid barrier of brick, stone, or other opaque material intended to enclose an area. For the purpose of this Ordinance, all supporting members, posts, stringers, braces, pilasters, or other construction features of a retaining wall shall be located and placed on the inside of the wall away from public view. Moreover, all retaining walls shall be constructed and/or painted, tinted, or colored in one color only for their exterior surface, and no sign or advertising shall be placed, affixed, painted, or designed thereon.

Warehouse, miniature or self-storage: A building or group of buildings in a controlled access and/or fenced compound that contains varying sizes of individualized, compartmentalized, and controlled-access stalls or lockers for the storage of customers goods or wares.

Waste receptacle station: Any exterior space which is not a principal use for containers, structures, or other receptacles intended for temporary storage of solid waste materials.

Wetland: Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances, does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

Wholesale store: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wine shop (specialty): A retail establishment licensed by the State of Michigan where more than ten (10) per cent of the gross floor area is utilized for the storage, display, and sale of wine or beer with an alcohol content under twenty-one (21) per cent by volume for consumption off the premises, however no more than ten (10) per cent of the gross floor area shall be dedicated for the storage, display, and sale of beer.

Wireless communication facilities: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities, short wave receiving facilities, radio and television broadcast reception facilities, satellite dishes, federally licensed amateur (HAM) radio facilities, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

1.

Attached wireless communications facilities (antennae): Wireless communication facilities that are affixed to existing structures such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

3.

Co-location: The location of two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennae within the city.

3.

Wireless communication support structures (towers): Structures erected or modified to support wireless communication antennae. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles, and guyed towers, or other structures which appear to be something other than a mere support structure.

Yard: An open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not exclude eaves provided that an eight (8) foot height clearance is provided above the adjacent ground level.

1.

Front yard: A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

2.

Rear yard: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

3.

Side yard: A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.

Yards

Zoning permit: The written authority issued by the building inspector permitting the construction, removal, moving, alteration, or use of a building in conformity with this Ordinance.

(Ord. No. 2002-8, 8-26-02; Ord. No. 2009-6, 7-27-09; Ord. No. 2009-8, 7-27-09)