§ 56-1. General definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building —a subordinate building or structure that is located on the same lot as a principal building and not used or designed for human occupancy.

Accessory use —a subordinate use which is incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use.

Advertising structure —any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structures.

Agricultural building —a structure utilized for the conduct of farming operations, including a farm dwelling.

Aircraft —any contrivance, now known or hereinafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.

Airport —any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

Alley —a right-of-way, other than a street, road, crosswalk, or easement, which provides secondary access for the special accommodation of the abutting property.

Automobile laundry —a building, or portion thereof, where automobiles are washed with the use of mechanical devices.

Block —an area that abuts a street and lies between two adjoining streets or barriers such as a railroad right-of-way, public parks, cemeteries, waterway or corporate boundary lines of municipalities. In the absence of the preceding, a distance of 300 feet in either direction from the subject site shall constitute a block.

Board —the board of appeals of the county, with membership appointed pursuant to an ordinance of the county, with the powers and duties granted thereto by the ordinance creating the board, and by ordinances amendatory thereto.

Boardinghouse —a building, not available to transients, in which meals are regularly provided for compensation for at least three but not more than 30 persons.

Building —a roofed structure for the shelter, support, enclosure or protection of persons, animals, or property.

Building area —the horizontal projected area of the building on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.

Building line —the line that establishes the minimum permitted distance on a lot between the front line of a building and the existing or future street right-of-way line, whichever is greater.

Business —the purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.

Camping facility —an area of land used or designed to be used to accommodate two or more camping parties, including cabins, tents, travel trailers, motorized homes or other camping outfits.

Cemetery —land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.

Charitable institution —a building and/or land, provided by a charitable organization, designed to aid individuals in need of care, or shelter, but not including a nursing home or hospital.

Clinic —an establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians, dentists or chiropractors and other medical practitioners are provided.

Commission —the regional planning commission of the county, with membership appointed pursuant to an ordinance of the county, with the powers and duties granted thereto by the ordinance creating the commission, and ordinances amendatory thereto.

Comprehensive plan —the complete plan, or any of its parts, for the present and future development of the unincorporated territory of the county, prepared and recommended by the commission and adopted in accordance with the state revised statutes.

Corner lot —a lot at the junction of and abutting two intersecting or intercepting streets.

Detached building —a building that has no structural connection with another building.

District —an area which is included in the territory covered by the comprehensive plan for the county, for which district uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and the open spaces about buildings are herein established.

Drive-in restaurant —a food service establishment where food is consumed on the premises outside of fully enclosed buildings or structures.

Dwelling —a building or part of a building that is used primarily as a place of abode, but not including a hotel, motel, lodginghouse, boardinghouse, or tourist home. The following dwellings are permitted:

(1)

Single-family, a detached building designed for or occupied by one family exclusively.

(2)

Two-family, a detached building designed for or occupied by two families. A duplex dwelling has one family unit above the other and a double dwelling has one family unit beside the other.

(3)

A multifamily dwelling is a building designed for or occupied by three or more families.

Dwelling, farm —one family dwelling, located upon a farm and occupied or used by the owner, farm tenant or other persons employed thereon.

Dwelling unit —a dwelling or part of a dwelling used by one family as a place of abode.

Family —one or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nurses' home, dormitory or fraternity or sorority house.

Farm —places on which agricultural operations are conducted at any time during the year under the control of an individual management. Places of less than ten acres are considered farms if the sales of agricultural products for the year amounted, or normally would amount, to at least $250.00. Places of ten or more acres are considered as farms if the sales of agricultural products for the year amounted, or normally would amount, to at least $50.00. (U.S. Bureau of Census definition).

Farm, confinement feeding —any operation involving the production of livestock or fowl or related operations, indoors or outdoors, wherein more than 100 head of livestock or 5,000 fowl are kept within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less of feed lot area is provided per laying hen, or eight square feet or less per hog weighing 225 pounds or less, or 15 square feet or less per lamb or ewe, or 50 square feet or less per sow, or 50 square feet or less per feeder steer, or 100 square feet or less per dairy cow, provided that this definition shall not apply to operations involved with the processing of products of confinement feeding operations.

Farm, general —an area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry except as defined under the term "farm, confinement feeding"; or the processing of farm products produced on the farm by the resident owner or tenant, but it does not include commercial or custom slaughtering.

Filling or service station —any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile or truck fuels, oils or accessories, including lubrication or washing of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting, or storage of disabled vehicles.

Front line —with respect to a building, the line of the face of the building nearest the front lot line.

Front lot line

(1)

For an interior or through lot, the line marking the boundary between the lot and the abutting street; and

(2)

For a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street segments;

Except as deed restrictions specify otherwise.

Garage, automobile repair —a building other than a private garage used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.

Garage, private —a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

Garage, public —any garage other than a private garage.

Garage, truck repair —a building other than a private garage used for the care, repair, or equipment of trucks, over one ton capacity, or where such vehicles are parked or stored for remuneration, hire, or sale.

Ground floor area —the area of a building in square feet as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, and exterior stairways, furnace and laundry areas.

Height —with respect to a building, the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean height between eaves and ridges, for a gable, hip, or gambrel roof.

Home occupation —an occupation that is carried on entirely within a dwelling unit and only by members of the family that occupy the dwelling unit and in connection with which no goods are sold on the premises other than what is produced there. Not more than one room in the dwelling unit shall be used for the home occupation, as provided for in article VII of this chapter, pertaining to planned unit developments.

Hotel, motel —an establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include kitchen, maid service, laundering or linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, cocktail lounges and other ancillary uses customarily incidental to such use.

Industrial use, general —manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment; raw materials, manufactured products or wastes, in which operations, other than transportation, may be performed in either open or closed areas.

Industrial use, light —manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.

Interior lot —a lot other than a corner lot or a through lot.

Junk yard —a place, usually outdoors, where waste or discarded used property other than organic matter is accumulated and/or stored and is or may be salvaged for re-use or resale, including but not limited to, one or more unlicensed or inoperable motor vehicles, farm machinery or equipment of any kind.

Kennel —a place primarily for keeping four or more dogs, or other small animals, that are ordinarily kept as pets and are at least four months old.

Local street —a street designed primarily to provide access to abutting properties.

Lodginghouse —a building, not available to transients, in which lodgings are regularly provided for compensation for at least three but not more than 30 persons.

Lot —a parcel, tract or area of land with access from an abutting street for the full width of the lot, with the continuous lot width meeting at least the minimum lot width requirements as described in the zoning district in which the property is located, or the lot must be of continuous uniform width leading to an AG, Agricultural District building lot area, which is occupied by or intended for occupancy by, one principal building or principal use together with any accessory buildings and such yard area as required by this chapter. It may be a single surveyed parcel separately described in a deed or plat which is recorded in the office of the county recorder, or it may include parts of, or a combination of such surveyed parcels when adjacent to one another and used as one. In determining lot area and boundary lines, a contiguous area of land with minimum lot dimensions and minimum lot area as required in the zoning district in which the lot is located shall not be under water or within the limits of a street.

Lot coverage —the percentage of the lot area that is represented by the building area.

Lot ground level

(1)

For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, the elevation of the sidewalk at the center of the wall abutting the street;

(2)

For a building having walls abutting more than one street, the average of the elevations of the sidewalk at the centers of all walls that face streets; and

(3)

For a building having no wall abutting a street, the average level of the ground adjacent to the exterior walls of the building.

Lot width —the distance between the side lot lines as measured on the right-of-way line. Curve and cul-de-sac lot width shall conform to the particular district wherein provisions are set forth for said lots.

Mineral extraction means:

(1)

Mining or quarrying;

(2)

Removal of earth materials; and

(3)

Processing and distribution of the minerals.

Mobile home —a vehicle or other portable structure at least 36 feet in length that is designed to move on the highway and designed or used as a dwelling, as manufactured.

Mobile home park —an area of land on which two or more mobile homes are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in providing that accommodation.

Mobile home park manager —the person who owns or has charge, care or control of the mobile home park.

Mobile home space —an area of land for the placement of one mobile home which is designated for the exclusive use of occupants.

Mobile home stand —the mobile home stand is that portion of a mobile home space which has been reserved for the placement of one mobile home with accessory structures or additions.

Night club —an establishment primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, and offering live entertainment to its patrons. The sale of food may also account for a substantial portion of its receipts.

Nonconforming use —an existing use of land or building which fails to comply with the requirements set forth in this chapter applicable to the district in which such use is located at the time of the adoption of the ordinance from which this chapter is derived or any amendments thereto.

Open use —the use of a lot without a building, or a use for which a building with a floor area no larger than five percent of the lot area is only incidental.

Person —includes a corporation, firm, partnership, association, organization, or any other group that acts as a unit.

Planned unit development —an area planned for one or more uses as an integrated and harmonious unit displaying desirable and fitting site design characteristics, the use requirements of this chapter being generally applicable to the area as a whole rather than to the individual components.

Plat —a map or chart that shows a division of land and is intended to be filed for record.

Principal building —a building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).

Principal use —the main use of land or buildings as distinguished from an accessory use. It may be either a permitted or special use.

Private school —a private institution to conduct regular academic instructions at kindergarten, elementary, and secondary levels, college or junior college.

Private swimming pool —a pool, pond, lake, or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager, exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community; the members and guests of a club; or the patrons of a motel or hotel.

Professional office —an office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, optometrists, physicians, and surgeons.

Public street —a street established for or dedicated to the public use.

Rear lot line —the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly shaped lot it means the line ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line.

School, public —an institution provided by the public conducting regular academic instruction at kindergarten, elementary and secondary levels, college or junior college.

Side lot line —a lot boundary line other than a front or rear lot line.

Sign —any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, offered upon the property on which the sign is exhibited.

Street (road) —a right-of-way, other than an alley, dedicated or otherwise legally established to the public use, which would or could provide the principal means of access to abutting property, except for in the case when a street, major highway (principal arterial) is abutting the property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. Specific street (road) types are defined as follows:

(1)

Street, collector —a street which primarily collects traffic from local streets and feeds it to an arterial street network. Collector streets provide circulation within neighborhood areas. Collectors are divided into major and minor collectors depending upon its priority in the system and the amount of traffic. (A county highway can be classified as a street, collector).

(2)

Street, local —a street used primarily for access to abutting properties, usually residential. (A township road can be classified as a street, collector).

(3)

Street, major highway (principal arterial) —a street which serves high volume traffic corridors and connects major population centers and traffic generators, with access limited or controlled. An interstate highway can be classified as a street, major highway (principal arterial).

(4)

Street, area service (minor arterial) —a street which feeds and distributes moderately high volume traffic to principal arterials. Arterial streets may provide controlled access to abutting property. A state highway can be classified as a street, area service (minor arterial).

Structural change —a substantial change, or repair, excluding normal and usual repair, in a supporting member of a building, such as a bearing wall or partition, column, beam, or girder, or in an exterior wall or the roof.

Structure —anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.

Through lot —a lot fronting on two parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.

Tourist home —a building in which not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.

Trade or business school —a secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing, or drafting or for teaching industrial or technical arts.

Travel trailer —a vehicle or other portable structure 36 feet or less in length that is designed to move on the highway and designed or used as a dwelling.

Truck service center —an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service station.

Urban area —the areas, as defined by figure 4 in chapter 52, pertaining to subdivisions. These areas include each incorporated community, as well as its immediate surrounding area, expected to be developed in a similar manner, to the community in future years. Within the urban areas, street and roadway right-of-ways will be dedicated and improved in accordance with the urban thoroughfare cross-sections.

Use —the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.

Variation —a modification of the specific requirements of these regulations granted by the board in accordance with the terms of these regulations for the purpose of ensuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.

Vision clearance on corner lots —a triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.

Windmill —a mechanical device powered by wind and used to pump water or produce electrical energy.

Yard —a space on the same lot with a principal building that is open and unobstructed by structures except as otherwise authorized by this chapter.

Yard, front —a yard extending across the full width of the lot; unoccupied other than by steps, walks, terraces, driveways, lamp posts and other similar structures, the depth of which is the least distance between the nearest existing or proposed street right-of-way, whichever is greater, and the front line of the building.

Yard, rear —a yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line, and the rear of the principal building.

Yard, side —a yard, between the principal building and the adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.

Zone map —maps entitled, "the Livingston County - Zone Map," and any amendments thereto.

Zoning administrator —the employee of the county, designated and authorized by this chapter to enforce these regulations.

(Ord. of 12-4-1973, §§ 2.0, 2.1; Res. of 10-11-1983; Res. of 8-13-1991; Res. of 7-11-1995)