22.04 DEFINITIONS

For the purpose of enforcing the provisions of this Ordinance, certain terms and words used herein are defined as follows:

Adult Regulated Uses; Definitions: As used in this Ordinance, the following definitions shall apply to adult-regulated uses:

a. Adult Book Store: An establishment having as a substantial or significant portion 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 relating to "specified sexual activities" or "specified anatomical areas", (as defined below), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in 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.

b. Adult Mini Motion Picture Theatre: An enclosed building with a capacity for less than fifty (50) persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein. 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.

c. Adult Motion Picture Theatre: An enclosed building with a capacity of fifty (50) or more persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons herein. 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.

d. Cabaret: An establishment which features any of the following: Topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or females or similar entertainers or topless and/or bottomless waitresses or employees.

e. Massage Parlor: A place where for any form of consideration of gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with Specified Sexual Activities or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas. {Ord. 299; 6-7-00}

f. Modeling Studio: Any place where, for any form of consideration or gratuity, figure models who display Specified Anatomical Areas are provided to be observed, sketched, drawn, painted, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bonafide art school or similar education institution. {Ord. 299; 6-7-00}

g. Specified Anatomical Areas are defined as:

1. Less than completely and opaquely covered:

a. Human genitals, pubic region;
b. Buttock;
c. Female breast below a point immediately above the top of the areola; and

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

h. Specified Sexual Activities are defined as:

1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

i. Significant Portion: Any one or more portions of the display having continuous duration in excess of five minutes; The aggregate portions of the display having a duration equal to ten percent or more of the display. The aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent or more of the display. {Ord. 299; 6-7-00}

Adult Foster Care Facility: A residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of seventeen (17), in accordance with Public Act 218 of 1979, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. The following four (4) types of Adult Foster Care Facilities are provided for by these rules:

a. Adult Foster Care Family Home: Residence for six (6) or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.

b. Adult Foster Care Small Group Home: Adult Foster Care Small Group Home: Residence for twelve (12) or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven (7) or more residents will live in the house.

c. Adult Foster Care Large Group Home: Residence for thirteen (13) to twenty (20) adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.

d. Congregate Adult Foster Care Facility: Residence for more than twenty (20) adults.{Ord. 252, 5-12-91}

Alley: A public way which affords a secondary means of vehicular access to abutting property. (see "Street")

Basement: That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.

Bikeway: Pedestrian or nonmotorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

Building: Any structure, either temporary or permanent, having a roof supported by columns or walls, including but not limited to tents, awnings, carports and mobile homes and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. In addition, a structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for shelter rather than as a means of conveyance.

Building, accessory: A subordinate detached building, the use of which is customarily incidental to the permitted principal use of the principal building on the same lot. In case a question arises to the degree of incidentalness or length of custom, the Zoning Board of Appeals shall rule. (see "Building, Principal" and "Use, accessory")

Buildable Area: Irrespective of the geometric shape of a lot and/or whether any of the lot lines consists of a straight, curved or any combination of two or more straight and/or curved lines, the buildable area for the lot shall be determined in the following sequence:

a. Establish the "Front Open Space" with a line parallel to the front lot line, regardless of its contour, at the setback distance specified in the Schedule of Regulations.

b. Establish the "Rear Open Space" as defined in the Zoning Ordinance for a square, rectangular or irregular shaped lot.

c. Establish the "Rear Open Space" with a line parallel to the rear lot line, as determined in step (b), extend to intersect both side lot lines. Use the setback distance specified in the Schedule of Regulations.

d. Establish the "Side Open Space" for one side with a line that is parallel to the rear lot line, regardless of its contour or angle, between the "Front Open Space" determined in step (a) and the "Rear Open Space" determined in step (c), at the setback distance specified in the Schedule of Regulations for an interior lot or at the setback distance required for corner lots. (see 22.08.070)

e. Establish the opposite "Side Open Space" by repeating step (d). The area encompassed by the "Front, Rear and Side Open Spaces" of an unoccupied lot is determined to be the buildable area of the lot.

Building Height: The vertical distance measured from the established grade to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, studio hip and gambrel roofs; and seventy-five percent (75%) of the height of an "A" frame.

Building line: A line parallel to the front lot line at the minimum required front setback line.

Building, principal: A building or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated. (see "Building, accessory" and "Use, principal")

Bufferyard: A unit of yard together with plantings, walls, berms, and/or fences required thereon located between different land uses and/or public roads designed to minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings, and parking lots and/or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires and explosion.

Child Care Center (Pre-school, Nursery school): Any building or structure in which seven (7) or more children are received for care and supervision or a building or structure other than a one-family dwelling in which two (2) or more children are received for care and supervision. {Ord. 252, 5-12-91}

Church: A building, structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services. Accessory structures and uses not directly involving religious services are excluded from this definition and are considered accessory structures or uses. {Ord. 252, 5-12-91}

Collector Street: A street whose primary function is to provide adequate traffic movement between thoroughfares and local streets and provide direct access to abutting properties. Collector Streets are those designated as such in the Circulation Plan of the current Village Master Plan. {Ord. 252, 5-12-91}

Commercial Vehicle Definitions:

a. Commercial Vehicle: Any vehicle bearing or required to bear commercial license plates and which falls into one or more of the categories listed below:

1. Truck tractor;

2. Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures;

3. Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply commercial or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction oriented contractors;

4. Tow trucks;

5. Commercial hauling trucks;

6. Vehicle repair service trucks;

7. Vehicles with blades attached for plowing, grading;

8. Construction vehicle, such as a bulldozer, backhoe and similar vehicles;

9. A vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment. {Ord. 272, 8-24-94}

b. Gross vehicle weight: The weight equal to the weight of a vehicle without load plus the weight of its maximum load carrying capacity, as rated by the manufacturer.

c. Non-licensed commercial vehicle: Any motor vehicle, whether same is capable of operation or movement under its own power or not, which vehicle does not have attached thereto current and valid license plates registered for such vehicle.

d. Operator: Any person who is in actual physical control of a commercial vehicle.

e. Owner: Any person in whose name the legal title of a commercial vehicle is registered, or in the event such vehicle is the subject of a lease or conditional sales agreement, the lessee or person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession.

f. Parking: The open standing of a commercial vehicle upon the land attended or unattended by an operator thereof, except in a fully enclosed structure.

Condominium: A plan or project consisting of not less than two (2) units as established and approved in conformance with the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended.

Condominium Act: Public Act 59 of 1978, as amended, MCL 559.101 et. seq.{Ord. 253, 5-12-91}

Condominium Conversion: A condominium project in which some or all of the proposed condominium units were occupied before the issuance of the notice of proposed action as required by Section 71 of the Condominium Act. {Ord. 253, 5-12-91}

Condominium Co-Owner: A person, firm, corporation, partnership, association, trust, or other legal entity or combination thereof, who owns a condominium unit within a condominium project. Co-Owner may include a land contract vendee if the condominium documents or land contract so provides. {Ord. 253, 5-12-91}

Condominium Detached: A residential condominium project designed to be similar in appearance to a conventional single family subdivision, except that the limited common areas are arranged in such a manner that clearly defined condominium lots are not created. {Ord. 253, 5-12-91}

Condominium Documents: The master deed, recorded pursuant to the Condominium Act, the Association bylaws and any other instrument referenced in the master deed or bylaws which effect the rights and obligations of ownership of a co-owner in the condominium. {Ord. 253, 5-12-91}

Condominium Lot: That portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the Zoning Ordinance. {Ord. 253, 5-12-91}

Condominium Project: A plan or project consisting of not less than two (2) condominium units established in conformance with Public Act 59 of 1978, as amended, MCL 559.101 et seq. {Ord. 253, 5-12-91}

Condominium Site: A condominium project containing or designed to contain structures or other improvements for residential, commercial, office, business, or other uses permitted in the zoning district in which it is located and in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed as a condominium unit as described in a master deed. A site condominium, when constructed as an alternative to a platted subdivision, may also be referred to as a "condominium subdivision" and shall be considered as equivalent to a platted subdivision for the purpose of regulation by this ordinance and other ordinances of the Village. {Ord. 253, 5-12-91}

Condominium Site Plan: The drawings and related information which pertains to a condominium project and is required by this Ordinance for the review of the Village. {Ord. 253, 5-12-91}

Condominium Subdivision Plan: The drawings and related information prepared in accordance with Section 66 of the Condominium Act. {Ord. 253, 5-12-91}

Condominium Unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project. {Ord. 253, 5-12-91}

Limited Common Elements: Portions of the common area within a condominium project reserved in the master deed for the exclusive use of less than all co-owners. {Ord. 253, 5-12-91}

Control Bumper: A continuous concrete curb constructed upon a suitable base having a minimum width of four inches (4") and a minimum height of six inches (6") above grade.

Dwelling unit: One or more rooms with a bathroom and a single kitchen designed as a unit for occupancy by only one family for cooking, living and sleeping purposes. (see "Family")

Dwelling, One Family: A detached building containing not more than one dwelling unit designed for residential use, provided:

a. It complies with the minimum square footage requirements of this Ordinance for the zone in which it is located.

b. It has a minimum width across front, side and rear elevations of 24 feet and complies in all respects with the Village building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by Village building code, then and in that event, such federal or state standard or regulation shall apply; further provided that the provisions of this section shall not have the effect of making one family dwellings, which exist as of the effective date of this Ordinance, nonconforming.

c. It is firmly attached to a permanent foundation constructed on the site in accordance with the Village building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required.

d. In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels and towing mechanism removed. Additionally, no dwelling shall have any exposed undercarriage or chassis.

e. The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction equal to or of better quality than the principal dwelling, which storage area shall be equal to ten percent (10%) of the square footage of the dwelling or 100 square feet whichever shall be less.

f. The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches (6") on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling: has not less than two (2) exterior doors with the second one being in either the rear or side of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

The compatibility of design and appearance shall be determined in the first instance by the Building Official upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of thirty (30) days from the receipt of notice of said Building Official's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of single family "dwelling" as well as the character, design and appearance of one or more residential dwellings to the extent of less than twenty percent (20%) of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Village.

g. The dwelling contains no additions or rooms or other areas which are not constructed with a quality of workmanship equal to the original structure, including permanent attachments to the principal structure and construction of foundations as required herein.

h. The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

i. The foregoing standard shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the Ordinance of the Village pertaining to such parks.

j. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

Dwelling, Multiple-Family: A building, or a portion thereof, designed exclusively for occupancy by two (2) or more families living independently of each other.

Dumpster: A container used for the temporary storage of rubbish, pending collection, having a capacity of at least two (2) cubic yards.

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 system including mains, drains, sewers, pipes, conduits, wires, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, gas regulator stations, and other similar equipment and accessories connected therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety and general welfare, but not including business or commercial buildings or activities, or commercial wireless communications facilities. {Ord. No. 191, 5-16-98}

Family: Either:

a. One or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, inclusive of household servants, or

b. Two (2) to six (6) persons living and cooking together as a single non-profit housekeeping unit having a continuing nontransient domestic character though not related by blood, adoption or marriage. This definition shall not include any society, club, coterie or organization which is not a recognized religious order nor does it include any group of individuals whose association is temporary or seasonal or similar to a resort, boarding house, motel, hotel, or whose association is for an anticipated limited duration or for a determinable period such as a school term or terms. {Ord. 252, 5-12-91}

Family Day Care Home: A private home in which one (1) to six (6) children are received for care and supervision for a period less than twenty-four (24) consecutive hours, including those children less than seven (7) years old who are members of the resident family. This number shall not include more than two (2) children less than twelve (12) months old. {Ord. 252, 5-12-91}

Fence: An unroofed manmade structure that extends more than 12 inches above grade designed as a barrier, ornamental or architectural feature intended for, or capable of, enclosing, inhibiting ingress or egress, dividing, bounding, or, simply making a line on a piece of land. {Ord. 292, 1-30-99}

Filling station: Buildings or premises arranged or designated to be used for the retail sale of minor auto accessories, oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles and which may include facilities for the changing and repair of tires, tube repairing, polishing, greasing, washing, or servicing and minor repair of such motor vehicles; but excluding so-called high speed automotive washing, steam cleaning, body repairing, bumping or painting.

Floor area, usable, nonresidential: The measurement of usable floor area for nonresidential uses shall be to the exterior face of exterior walls of the first story and any other story connected by a fixed stairway or elevator, which may be made fit for human use; the measurement shall include the floor area of all accessory buildings measured similarly, but excluding the floor area for heating and all other mechanical equipment, unenclosed porches, light shafts, public corridors and public toilets. (see "Story and Building, accessory")

Floor area, usable, residential: The measurement of usable floor area for residential uses shall be the sum of the area of the first story measured to the exterior face of the exterior wall; plus similarly measured, the area, having more than seven feet six inches (7'-6") headroom, of any upper story that is connected by a fixed stairway and which may be made usable for human habitation; but excluding the floor area of basements, accessory buildings, garages, attics, breezeways and unenclosed porches. (see "Story and Building, accessory")

Foster Family Group Home: A private residence that houses five (5) or six (6) foster children, up to age nineteen (19), under constant care and supervision. Under Public
Act 116 of 1973, a Foster Family Group Home requires local zoning approval before being licensed by the Department of Social Services. {Ord. 252, 5-12-91}

Foster Family Home: A private residence that house four (4) or fewer foster children, up to age 19, under constant care and supervision. Under Public Act 116 of 1973, a Foster Family Home does not require local zoning approval before being licensed by the Department of Social Services. {Ord. 252, 5-12-91}

Garage community: An accessory building for the storage of noncommercial vehicles and having no services or commodities offered to the public in connection therewith. (see "Garage, private")

Garage, private: An accessory building having not more than 720 square feet in area to be used for the storage of noncommercial vehicles, provided that not more than one commercial vehicle of no more than 10,000 pounds of gross vehicle weight may be stored in said private garage and there shall be no services or commodities offered to the public in connection therewith. (see "Building, accessory")

Home Occupation: An occupation conducted in a dwelling unit, provided that:

a. No person other than members of the family residing on the premises shall be engaged in such occupation;

b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 10 percent (10%) of the floor area of the dwelling unit shall be used in the conduct of home occupation;

c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building;

d. No home occupation shall be conducted in any accessory building;

e. There shall be no sales in connection with such home occupation;

f. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

g. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

h. Clinics, hospitals, barber shops, beauty parlors, nursery schools, tourist homes, tea rooms, animal hospitals, kennels and millinery shops, among others, shall not be deemed to be home occupations.

Intermediate Thoroughfare: A street whose function is to provide inter-community arterial continuity and feed major thoroughfares. Intermediate Thoroughfares are those designated as such in the Circulation Plan of the current Village Master Plan.

Landscaping: The treatment of the ground surface with live materials such as, but not limited to, grass, ground cover, trees, shrubs, vines and other growing horticultural material. In addition, the combination or design may include other decorative surfacing such as wood chips, crushed stone, or mulch materials not to exceed twenty percent (20%) of the total for any landscape area. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping but such objects alone shall not meet the requirements of landscaping. In addition, artificial plant materials shall not be permitted in required landscape areas.

Local Street: A street whose primary function is to serve the residential uses which abut it and provides a connection through collector streets to the thoroughfares. All streets not specifically designated as a Major Thoroughfare, Intermediate Thoroughfare, or Collector Street in the Circulation Plan of the current Village Master Plan is considered to be a Local Street. {Ord. 252, 5-12-91}

Lot: A lot or record or parcel of land required to meet the regulations of this Ordinance that is occupied or intended to be occupied by a principal and accessory building or use. (see "Lot of Record")

Lot, corner: A lot where the corner interior angle at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purpose of this Ordinance, if tangents to the curve at the two points where the lot lines meet the curve form an interior angle of less than 135 degrees. (see "Street" and "Lot")

Lot, interior: Any lot other than a corner lot. (see "Lot")

Lot line, front: In the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the line separating said lot from the street which is designated as the front street in the request for a building permit.

Lot line, rear: The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten (10) feet long and wholly within the lot. (see "Lot")

Lot line, side: A side lot line is any boundary line not a front lot line or a rear lot line. (see "Lot line, front" and "Lot line, rear")

Lot of record: A parcel of land delineated on a plat recorded with the Oakland County Register of Deeds, or a lot described by metes and bounds, and recorded with the Oakland County Register of Deeds.

Lot width: The length of a straight line drawn between the points where the front setback cuts the side lot lines. (see "setback")

Major Thoroughfare: A multiple lane street whose primary function is to provide inter-county continuity and to feed regional major thoroughfares and freeways. The only street designated as a Major Thoroughfare in the current Village Master Plan is Southfield Road. {Ord. 252, 5-12-91}

Mobile Home: A detached one family dwelling mass-produced in a factory designed for long-term residential use and built on a chassis.

Nonconforming building or use: A legal building or legal use that does not conform with the regulations of this Ordinance (or amendments) for the Zone District in which it is located.

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

Occupancy, Change of: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefore of a use of a different kind or class, or the expansion of a use.

Off-street parking space: A space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of access drives and aisles thereto.

Open space: The area or yard, which is open, unoccupied, and unobstructed by any building roof from the ground to the sky, except as otherwise provided in the Ordinance, having as one dimension the required setback and other dimensions as indicated by the definitions of front, rear and side open space. (see "Setback" and "Building")

Open space, front: The opens space or yard, extending the width of the lot, and of a depth equal to the required setback measured horizontally at right angles to the front lot line or centerline of the front street. (see "Lot" and "Open Space")

Open space, rear: The open space or yard, extending the full width of the lot and of a depth equal to the required setback measured horizontally at right angles to the rear lot line. (see "Lot" and "Open space")

Open space, side: The open space or yard, extending from the front open space to the rear open space and of a width equal to the required side setback measured horizontally at right angles to the side lot line. (see "Lot" and "Open Space")

Parcel: A continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of Public Act 288 of 1967, as amended, MCL 560.101 et. seq. {Ord. 253, 5-12-91}

Parking area, total: The actual parking area and the area of the access drives thereto.

Point of Observation: The determination of the percentage of openness to air and light in fences shall be made from a specific point of observation. The point of observation shall be a point ten feet away from the structure, perpendicular to the vertical surface of the structure and viewed from a height above grade that is equal to 50% percent of the structure's height. {Ord. 292, 1-30-99}

Privacy Screen: Any unroofed manmade vertical structure intended and used as a visual barrier designed to inhibit observation of an area from off the lot. {Ord. 292, 1-30-99}

Recreational Vehicle: "Recreational Vehicles" shall include the following:

a. Travel Trailer: A portable vehicle on a chassis, not exceeding thirty-six (36) feet in length or nine (9) feet in width, 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.

b. 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.

c. Motor Home: A recreational vehicle intended for temporary human habitation, sleeping and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

d. Folding Tent Trailer: A canvas folding structure, mounted on wheels and designed for travel and vacation use.

e. Boats and Boat Trailers: "Boats" and "boat trailers" shall include boats, floats, rafts, canoes, jet skis, plus the normal equipment to transport them on the highway.

f. Other Recreational Equipment: Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway. {Ord. 252, 5-12-91}

Required Average Minimum Land Area: The minimum average area of land required for each dwelling unit not including any area of public street right-of-way and not including any area of the right-of-way of a private street built to Village or County standards.

Residential area: All residentially zoned or used (including R-M) land in the Village of Beverly Hills, including any public or private driveway, street, road, highway or its right-of-way to or within said land.

Restaurants:

a. Dining Room: A structure which is maintained, operated and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. Such food and beverage are served primarily in nondisposable (reusable by the restaurant) containers.

b. Drive-In Restaurant: A drive-in restaurant is any establishment where food, frozen dessert, and/or beverages are served to customers while seated in their motor vehicles upon the premises. It shall also include any establishment where the customers may serve themselves and are permitted to consume food and beverages in a motor vehicle parked on the premises or at other facilities which are provided for the use of the patron for the purpose of consumption and which are located outside of the building or structures.

c. Fast Food Restaurant: A structure which is maintained, operated, and advertised or held out to the public as a place where food, beverage, and/or desserts are served to customers from a serving counter in disposable (not reusable by restaurant) containers or wrappers. Such food, beverage, and/or desserts may be consumed: inside the building; outside, at facilities provided; or "carried out" for consumption off the premises.

d. Carryout Restaurant: A structure which is maintained, operated, and/or advertised or held out to the public as a place where food beverage, and/or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

Satellite Antenna: An accessory structure which at its widest dimension is in excess of thirty-six inches (36"); an earth based station, the purpose of which is to receive signals from orbiting satellites and other extraterrestrial sources, together with other equipment related to such purposes.

Seats: The seating capacity of a building is determined by the specifications and plans filed to obtain a building permit. In the event individual seats are not provided, each eighteen inches (18") of benches or similar seating accommodations spaced thirty-two inches (32") from back to back, shall be considered as one seat.

Setback: That distance set forth on the Schedule of Regulations, between any lot line and a line parallel thereto on the same lot except as otherwise provided herein. (see "Lot line" and "Building")

Sidewalk: Pedestrian or nonmotorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

Story: That portion of a building included between the upper surface of any floor, and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area to at least fifty percent (50%) of the usable floor area of the floor immediately below it. A top floor area under a sloping roof with less than fifty percent (50%) of the usable floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than 4 feet (4') above the average contact ground level at the exterior walls of the building. (see "Building height")

Street: Any public or private thoroughfare or way, other than a public alley, dedicated to or designed for the use of the public or open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace, or any similar designations.

Street Private: A vehicular circulation route which has not been accepted for maintenance by the Village or County.

Street, Public: A vehicular circulation route, the right-of-way and improvements of which meet Village or County standards and have been accepted for maintenance by the Village or County.

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

This Ordinance: This Chapter of the Beverly Hills Municipal Code.

Use, accessory, or accessory: A use or building which is clearly incidental to, customarily found in connection with, and (except in some cases of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. In cases of questions arising as to degree of incidentalness or length of custom the Zoning Board of Appeals shall rule. When "accessory" is used in this Ordinance, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to, the following:

a. Residential accommodations for servants or caretakers.

b. Swimming pools and tennis courts, for the use of occupants of a residence, or their guests.

c. Domestic greenhouses or gardening related storage in a barn, shed, tool shed, or similar accessory building or other structure.

d. A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no signs or displays on the exterior of the building.

e. Storage of merchandise normally carried in stock in connection with a business use, unless such storage is excluded in the applicable district regulations.

f. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the lot is located.

g. Uses clearly incidental to a main use such as, but not limited to offices of business complex located on the site.

h. Accessory off-street loading, subject to the off-street loading regulations for the district in which the lot is located.

i. Accessory signs, subject to the sign regulations for the district in which the lot is located.

j. Satellite antenna structures as defined and regulated herein.

Use, principal: The primary and chief purpose for which a lot is used. (see "Use, accessory," "Building, principal," "Building, accessory," and "Lot")

Change of Use: A change, conversion, replacement, addition, addition of a principal use, or substitution of one use for another, which in the judgment of the Village Manager, will create or continue any of the following:

a. The reoccupancy of all or part of a building or site which has been unoccupied for longer than one hundred eighty (180) consecutive days.

b. Site conditions which do not comply with the Zoning Ordinance standards for the district in which the use is located.

c. Vehicular or pedestrian traffic problems or off-street parking problems.

d. Disruption of the natural environment.

e. Adverse impacts of noise, odor, glare, dust, radiation, heat, vibration, toxic or hazardous materials, smoke, erosion or flooding on adjacent lots.

f. Site engineering deficiencies.

g. Negative impacts on the public health, safety or welfare.

For changes of use which require a site plan, the Planning Board may permit a modified site plan, with specific information pertaining to the conditions under review, only, rather than all of the information required under Section 22.08.290(d).

Wall: Any unroofed man-made structure which has a foundation and also has an exterior vertical surface of brick or stone, and no more than twenty-five percent (25%) of the vertical surface of which is open to the free passage of air and light.

Work station: That area to which a barber, stylist, beauty operator, manicurist, shampoo attendant or other regular employee is assigned to serve customers.