§ 40-2.02. 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:

ALLEY: A way for public use, not exceeding 20 feet in width, or any way designated as an alley in a recorded deed, plat or decree of court.

ALTERATION: Any change, addition or modification in construction or to a structure or to a type of occupancy, or any change in the structural members of a structure, such as, but not limited to, walls or partitions, columns, beams or girders. Alterations may be referred to in this Ordinance as "altered" or "constructed" or "reconstructed".

ANTENNA: An exterior transmission or reception device mounted on a tower, structure, or utility poles 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.

ATTIC: The unfinished space between the ceiling joists of the top story and the roof rafters.

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 beams or joists of the floor above. A basement is not counted as a story.

BEST MANAGEMENT PRACTICES: Structural and non-structural practices and techniques that mitigate the adverse impacts caused by land development or water quality and quantity.

BUILDING: A structure having a roof supported by columns or walls for the shelter or enclosure of persons or chattels. The term "building" also means a platform or base designed to support columns, walls and/or a roof.

BUILDING, ACCESSORY: A subordinate building located on the same lot or attached to the main building, the use of which is clearly incidental to that of the main building and customarily found in connection therewith. The term "accessory building" includes, but is not limited to, a private attached or detached garage, carport, playhouse, greenhouse, pool cabana, gazebo, shed or storage building.

BUILDING LINE: The front line of a building.

BUILDING OFFICIAL: An individual who is employed by City of Huntington Woods and is charged with the administration and enforcement of the building code and who is registered in compliance with the Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is constructed.

CITY: The City of Huntington Woods.

CITY COMMISSION: The Commission of the City of Huntington Woods.

CLUB: An organization and its premises catering exclusively to members and their guests for social intellectual, recreational, cultural, or athletic purposes not operated for profit.

CLUBHOUSE: A structure erected by or for a club as defined in this section.

CO-LOCATION: The location by two or more wireless communication providers of wireless communication facilities (WCFs) on a common tower or building with the intent of reducing the overall number of structures required to support wireless communication antennas within the City.

CONDOMINIUM: The following definitions shall apply in the construction and application of this Ordinance:

A.

CONDOMINIUM PROJECT, CONVENTIONAL: A development in which ownership interest is divided under the authority of the Condominium Act (P.A. 59 of 1978, as amended) and in which the condominium unit consists primarily of the dwelling or other principal structure and most of the land in the development is part of the general common area.

B.

CONDOMINIUM, GENERAL COMMON ELEMENTS: Portions of the condominium development owned and maintained by the condominium association, as defined in the Condominium Act (P.A. 59 of 1978, as amended).

C.

CONDOMINIUM, LIMITED COMMON ELEMENTS: Portions of the condominium development other than the condominium unit reserved for the exclusive use of less than all of the co-owners of the condominium development, as defined by the Condominium Act (P.A. 59 of 1978, as amended).

D.

CONDOMINIUM, MASTER DEED: The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and including those items required in Section 8 of the Condominium Act, P.A. 59 of 1978, as amended.

E.

CONDOMINIUM PROJECT, SITE: A development in which ownership is divided under the authority of the Condominium Act, P.A. 59 of 1978, as amended, and in which the condominium unit consists of a building site, with or without structures, which along with associated limited common area elements, constitutes the equivalent of a lot.

F.

CONDOMINIUM UNIT: That portion of a condominium development designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed, as defined in the Condominium Act, P.A. 59 of 1978, as amended.

CONVENIENCE STORE: A type of general retail store which carries a range of merchandise oriented to convenience and/or travelers' shopping needs.

CURB LEVEL: The mean level of the established curb in front of a building. When no curb has been established, the City Director of Public Works shall establish such curb level or its equivalent for the purpose of these regulations.

DAY CARE FACILITY: The following definitions shall apply in the construction and application of this Ordinance:

A.

ADULT DAY CARE FACILITIES:

1.

Adult Family Day Care Home: A private home in which six (6) or less adults eighteen (18) years of age or older receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.

2.

Adult Group Day Care Home: A private home in which more than six (6) but not more than twelve (12) adults eighteen years of age or older receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.

3.

Adult Day Care Center: A facility, other than a private residence, receiving one (1) or more persons, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped that require supervision on an ongoing basis. An adult day care center does not include alcohol or substance abuse, rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.

B.

CHILD DAY CARE FACILITIES:

1.

Child Family Day Care Home: A private home in which one (1) to six (6) 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. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.

2.

Child Group Day Care Home: A private residence in which between seven (7) but not more than twelve (12) minor children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or legal guardian, excepting 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 in a calendar year.

3.

Child Day Care Center: A facility, other than a private residence, receiving more than one (1) or more minor children for care and supervision for periods less than twenty-four (24) hours, and where the parents or guardians are not immediately available to the child. It includes a facility that 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 care center, day nursery, nursery school, parent cooperative preschool, child kindergarten, play group, or drop-in center.

DRIVE-THROUGH BUSINESS: A principal use or accessory use of a business that by design permits customers to obtain goods or services while remaining in their motor vehicles.

DRIVEWAY: A short road or path providing an unobstructed passage from a roadway to an off-street area used for driving, servicing, parking, or otherwise accommodating motor vehicles.

DRIVEWAY, SEMI-CIRCULAR: A private driveway which enters and leaves private property at two points within the same frontage.

DRY CLEANING AND LAUNDRY BUSINESSES: A commercial business providing dry cleaning and laundry services on-site for businesses and residents, which does not include a plant.

DRY CLEANING AND LAUNDRY PLANT: A facility used or intended to be used for cleaning fabrics, textiles, clothing, laundry or other similar articles by immersion and/or agitation in solvents or other processes.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, designed for occupancy by three (3) or more families living independently of each other. Multiple-family dwellings may consist of the following:

A.

EFFICIENCY UNIT: A dwelling unit containing not more than one (1) room in addition to kitchen, dining and sanitary facilities.

B.

ONE (1) BEDROOM UNIT: A dwelling unit consisting of not more than two (2) rooms in addition to kitchen, dining and sanitary facilities.

C.

TWO (2) BEDROOM UNIT: A dwelling unit consisting of not more than three (3) rooms in addition to kitchen, dining and sanitary facilities.

D.

THREE (3) OR MORE BEDROOM UNIT: A dwelling unit consisting of not more than four (4) rooms in addition to kitchen, dining and sanitary facilities.

DWELLING, ONE-FAMILY ATTACHED: A building containing not less than three (3) nor more than eight (8) one-family dwelling units erected side by side as a single building, each being separated from the adjoining unit or units by an uninterrupted wall extending from the basement floor to the roof. No more than one (1) dwelling unit may be served by a single stairway or by a common exterior door.

DWELLING, SINGLE-FAMILY: A building occupied or designed to be occupied by one family alone.

DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families, independent of each other such as a duplex dwelling unit.

FAMILY: Means either of the following:

A.

A domestic family, that is, one (1) or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one (1) additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.

B.

The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family, with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie organization or group whose association is temporary or seasonal in character or nature. For the purposes of enforcement, it is presumed that a functional equivalent of a domestic family is limited to six (6) or fewer persons.

FENCE: A structure serving to enclose or divide all or part of a lot, or to function as a boundary or barrier between two or more lots.

FINANCIAL INSTITUTION: A business or entity which provides financial services which may include, but are not limited to, loans, savings, checking, money management and other similar services and includes, but is not limited to, banks, savings and loan associations, and credit unions.

FLOODLIGHT or SPOTLIGHT means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam.

FLOOR AREA, NONRESIDENTIAL: All floor area of the building, measured from the exterior faces of the exterior walls, used or intended to be used for service to the public as customers, patrons, clients or patients, or as tenants, and all floor area devoted to employee work space. Floors or parts of floors used exclusively for storage, toilets or rest rooms, and mechanical rooms shall be excluded from the definition of "usable floor area" for the purpose of this chapter.

FLOOR AREA, RESIDENTIAL: For the purpose of determining minimum and maximum floor area requirements, the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls but which shall exclude floor area of basements, garages, portions of attics with less than five feet of height, and unenclosed porches.

FOOD SERVICE BUILDING: Building whose principal use is the preparation, reheating, or serving of food including beverages.

FOSTER CARE FACILITIES: The following definitions shall apply in the construction and application of this Ordinance:

A.

ADULT FOSTER CARE FACILITY: A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuing nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et seq.; MSA 16.610(61) et seq., as amended. The following additional definitions shall apply in the application of this Ordinance:

1.

Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, 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.

2.

Adult Foster Care Small Group Home: An owner-occupied facility with the approved capacity to receive twelve (12) or fewer adults who are provided 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.

3.

Adult Foster Care Large Group Home: A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.

4.

Adult Foster 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.

B.

CHILD FOSTER FAMILY FACILITIES:

1.

Child 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 or marriage, or who are not placed in the household pursuant to the adoption code, Chapter X of Act No. 288 of the Public Acts of 1939, being sections MCL 710.21 to 710.70, 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.

2.

Child Foster Family Group Home: A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, 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.

FRONTAGE: Any portion of a parcel of land abutting, touching, or bordering a public or private street.

GARAGE, ATTACHED: A private garage having a common wall with the main building, with the roof of the main building continuous over the garage; or, a garage having a roof and floor continuous from one wall of the garage to a permanent connection with a wall of the main building with door beneath the roof both in the wall of the main building and in a wall of the garage.

GARAGE, DETACHED: A freestanding building designed or used primarily for the shelter or storage of vehicles that is not accessory to a single-family or duplex residence on the same building site. See accessory structure definition.

GARAGE, PRIVATE: An attached or detached accessory building with capacity for not more than three (3) vehicles, or 650 square feet, for storage only.

GARAGE, PUBLIC: Any building or premises used for the housing or care of more than four vehicles, or any building where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GAS STATION: A building or premises which dispenses or sells motor fuels directly to users of vehicles; together with the sale of minor accessories and services for motor vehicles such as filling tires with air, checking fluid levels, adding water to batteries or radiators, and similar activities; as well as selling convenience foods and other such items through a convenience store.

GLARE: A light emitting from a fixture with an intensity great enough to reduce a viewer's ability to see, cause annoyance or discomfort, and in extreme cases, cause momentary blindness. Glare is most often caused by the fixture itself rather than what the fixture is meant to illuminate.

GOLF COURSE: A large, landscaped area laid out for playing the game of golf, with a series holes. A golf course may include accessory uses such as driving ranges and accessory buildings such as clubhouses.

HEDGE: A row of shrubs or trees.

HEIGHT OF BUILDING: The vertical distance measured from the lowest point of the natural ground level around the perimeter of the building to the highest point of the building.

HOME OCCUPATION: An occupation or business activity, whether for compensation or not, conducted by the resident of a dwelling that results in a product or service and that is accessory and secondary to the permitted principal residential use, as further defined in this ordinance.

LIGHT TRESPASS: A light which is produced on one property and causes direct light on an adjacent or nearby property.

LOT: A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings and accessory structures, and such yards, open spaces and parking spaces as are required under the provisions of this chapter. The boundaries of a lot shall be determined by the lines shown on the property description maps on file at the city offices, and include all the land described on the assessment roll of the city under a single tax parcel identification (Sidwell) number. No change or subdivision of lots, or alteration of lot lines as shown on the property description maps of the city shall be permitted without the prior approval of the city commission, or its designee, in its discretion.

LOT AREA: The total horizontal area within the lot lines of a lot.

LOT, CORNER: A lot fronting on two or more street intersections at an angle of not more than 135 degrees.

LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT FRONTAGE: The horizontal distance between the side lot lines measured between the points where said lot lines intersect the street right-of-way. Said frontage shall be continuous and unbroken, and shall be measured along the constructed portion of the right-of-way only.

LOT, INTERIOR: A lot with frontage on one street only.

LOT LINES: Lines bounding a lot as defined herein.

A.

FRONT LOT LINE: In the case of an interior lot, the lot line separating said lot from the street. In the case of a corner lot or double frontage lot, the line with the least amount of frontage upon a street.

B.

REAR LOT LINE: The 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 lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.

C.

SIDE LOT LINE: Any lot lines other than the front line or rear lot line.

LOT, THROUGH: A parcel extending through a block from one street to another.

LOT WIDTH: The horizontal distance between the side lot lines, measured at the two points where the required front setback line intersects the side lot lines.

MARIHUANA or MEDICAL MARIHUANA Definitions:

MARIHUANA or MEDICAL MARIHUANA: term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106, as amended.

MEDICAL MARIHUANA ACTIVITIES: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of medical marihuana by a qualifying patient or primary caregiver as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law No. 1. Allowable medical marihuana activities do not include medical marihuana provisioning centers or safety compliance facilities as defined herein.

MEDICAL MARIHUANA PROVISIONING CENTER: A commercial entity located in the City that acquires, possesses, manufactures, delivers, transfers, or transports medical marihuana and sells, supplies, or provides medical marihuana to registered qualifying patients, directly or through their registered primary caregivers. The term shall include, but not be limited to, dispensaries, cooperatives, and any other operation or facility similar in nature, and any commercial property where medical marihuana is sold to registered qualifying patients and registered primary caregivers, or any property used by more than one primary caregiver. The location used by a single primary caregiver to assist a qualifying patient connected to the caregiver through the medical marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this ordinance.

PRIMARY CAREGIVER or CAREGIVER: A person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the Code of Criminal Procedure, 1927 PA 175 (MCL 770.9a), as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law No. 1.

REGISTRY IDENTIFICATION CARD: A document issued by the State of Michigan that identifies a person as a registered qualifying patient or a registered primary caregiver.

SAFETY COMPLIANCE FACILITY: An entity that tests marihuana produced for medical use for contaminants.

SAFETY COMPLIANCE FACILITY AGENT or PROVISIONING CENTER AGENT: A principal officer, board member, employee, operator or agent of the safety compliance facility or provisioning center, as applicable.

MIXED-USE DEVELOPMENT: A development of a tract of land, building, or structure with a variety of complementary and integrated uses as permitted by the applicable zoning district, in a compact urban form.

NON-CONFORMING BUILDING: A building or portion thereof, existing at the effective date of this Ordinance or amendments thereto that does not conform to the provisions of this Ordinance relative to height, bulk, area, or yards for the zoning district in which it is located.

NON-CONFORMING USE: A use which lawfully occupied a building or land at the effective date of the Ordinance, or amendments thereto, that does not conform to the use regulations of the zoning district in which it is located.

PLACES OF WORSHIP: A site used for or intended for the regular assembly of persons for the conducting of religious services and accessory uses therewith.

PLANNING COMMISSION: The Planning Commission of the City of Huntington Woods.

PORCH: An open, unenclosed entrance to a building which may be covered by a roof or trellis, and which may be supported by columns but is not otherwise enclosed.

POWER GENERATOR: A machine, permanent or temporary, that changes mechanical energy into electrical and produces either direct or alternating current.

RETAIL BUSINESS or RETAIL SALES: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

REQUIRED BUILDING LINE (BUILD-TO-LINE): A line established on which a building or a portion of a building must be located.

SENIOR HOUSING: An institution other than a hospital or hotel, which provides housing or room and board to non-transient persons primarily sixty (60) years of age or older. Senior Housing may include:

A.

INDEPENDENT LIVING: A multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.

B.

CONGREGATE CARE: A dependent elderly housing facility with cooking facilities within the unit, but with a central dining service option. Limited medical care is available.

C.

ASSISTED LIVING: A dependent elderly housing facility without cooking facilities in individual rooms and with and only central dining service. Limited medical care, including memory care, may be provided.

D.

CONVALESCENT HOME: A state licensed medical establishment providing accommodation and care for aged or infirmed persons, or for those who are bedfast or needing considerable nursing care, but not including, facilities for the treatment of sickness or injuries or facilities for surgical care. Commonly referred to as "nursing home".

SETBACK: The minimum horizontal distance between a specified lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of a building or structure, excluding steps and unenclosed platforms.

SHIELD: An opaque cover over the light source.

SIGN: Any structure or part thereof, or devise attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, insignia, device, code mark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation, of any person, firm, organization place, commodity, service, business, profession, or industry, or any backlit building area, which is located upon any land or in or on any building, in such a manner as to attract attention from outside the premises.

1.

Abandoned sign: A sign which no longer advertises or identifies a business, lessor, owner, or activity conduced upon, or product available on, the premises where such sign is displayed.

2.

Banner: A sign made of fabric or other similar non-rigid material with no enclosing framework or electrical components that is supported or anchored on two or more edges or at all four corners.

3.

Billboard: See: Outdoor Advertising Signs .

4.

Canopy or sign: Any sign attached to, or constructed within or on, a canopy or marquee.

5.

Electronic message sign (LED): A sign with a fixed or changing message composed of a series of lights or light-emitting diodes (LED) that may be changed through electronic means.

6.

Freestanding sign: A sign supported by a structure, such as a pole or pylon, independent of any other structure. The definition shall not include a ground sign.

7.

Ground sign: A sign mounted directly on the ground or by a structure on a foundation.

8.

Height of sign: The vertical distance to the top edge of the copy area or structure, whichever is higher, as measured from the adjacent street grade.

9.

Identification sign: A sign which carries only the name of the firm, the major enterprise, or principal product or service offered for sale on the premises or a combination of these things only to identify location of said premises and not to advertise.

10.

Off-site sign (off-premises sign): A sign other than an on-site sign.

11.

On-site sign (on-premises sign): A sign which advertises or identifies only goods, services, facilities, events, or attractions on the premises where located.

12.

Outdoor advertising sign: A sign, including billboards, on which the written or pictorial information is intending to advertise a use, product, service, goods, event or facility located on other premises, and which is intended primarily for advertising purposes.

13.

Portable sign: Any sign not permanently attached to the ground or a building.

14.

Temporary sign: A sign that is intended to be displayed for a limited period of time.

15.

Sandwich board: A stationary, double faced temporary sign that is ground supported; also known as an A-frame sign.

16.

Wall sign: A sign attached to or erected against the wall of a building with the face in a plane parallel to the plane of the building wall.

17.

Window sign: A sign installed on, or in, a window for the purpose of viewing from outside the premises. This term does not include merchandise located in a window.

SIGNBOARD: Any structure or part thereof on which is lettered, pictured or displayed matter, the chief purpose of which is for advertising or publicity.

SITE PLAN: The documents and drawings required in Article 7, herein of the Chapter 40, to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.

STATE-LICENSED RESIDENTIAL FACILITY: A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701—400.737), or Public Act No. 116 of 1973 (MCL 722.111—722.128), and provides residential services for six or fewer persons under 24-hour supervision or care.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between the floor and the ceiling next above it.

STORY, HALF: That portion of a building between the eaves and the ridge lines of a pitched roof, containing at least one habitable room and connected by a fixed stairway to the main or ground floor.

STREET: A public thoroughfare more than 20 feet in width, unless designated otherwise by recorded deed, plat or decree of court.

STRUCTURAL ALTERATIONS: Any changes in the supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Structure includes buildings, decks, fences, towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials.

STRUCTURE, ACCESSORY: A subordinate structure located on the same lot or attached to the main building, the use of which is clearly incidental to that of the main building and customarily found in connection therewith. The term "accessory structure" includes, but is not limited to, a driveway, parking lot, sidewalk, swimming pool, pool equipment, tennis or basketball court, dog house, trash enclosure, lamp post, patio, deck or signs.

TEMPORARY USE OR BUILDING: A use or building permitted to exist during periods of construction of the main building or use, or for special events.

TOWER: A structure used to support wireless communication antennas. A tower within this definition, includes but shall not be limited to, a monopole, lattice tower, light pole, utility pole, flag pole, artificial tree or other structure which supports wireless communication facility (WCF) antennas. Buildings, equipment compounds and cabinets, and structures principally used for purposes other than supporting antennas shall not be considered as towers.

TOWER HEIGHT: The vertical distance measured from the lowest point of the natural ground level around the base of the tower to the highest point on the tower including any antenna.

USE: The purpose for which land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, ACCESSORY: A use which is supplemental and subordinate to the main use and used for purposes clearly incidental to those of the main use.

VARIANCE: The term "variance" shall mean a modification of the literal provisions of the Zoning Ordinance, which may be granted by the Zoning Board of Appeals in accordance with the authority bestowed upon that Board by the provisions of this Ordinance.

WIRELESS COMMUNICATIONS 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 facilities, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short-wave receiving facilities; amateur (HAM) radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this Ordinance, the following additional terms are defined:

A.

WIRELESS COMMUNICATIONS ANTENNA (WCA): Shall mean any antenna used for the transmission or reception of wireless communication signals excluding those used for dispatch communications by public emergency stations, ham radio antennas, and satellite antennas, those who receive video programming services via multipoint distribution services which are forty (40) inches or less in diameter and those which receive television broadcast signals. Antenna may be 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.

B.

WIRELESS COMMUNICATION SUPPORT STRUCTURES: Shall mean structures erected or modified to support wireless communication antennas. 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.

C.

COLLOCATION: Shall mean the location by 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 communications antennas within the community.

WIRELESS COMMUNICATION PROVIDER: A person, company, or entity providing or intending to provide wireless communication services of any kind, including telecommunications services.

WIRELESS EQUIPMENT CABINET: An upright, stand-alone, cupboard-like enclosure for wireless communications equipment.

WIRELESS EQUIPMENT COMPOUND: An area, covered by a roof, supported by a foundation and enclosed by walls, adjacent to the base of a building or tower and within which wireless communications equipment is located.

YARD: The open space on the same lot with a dwelling or main building which is unoccupied and unobstructed from the ground upward except as provided in this chapter, and as defined herein:

A.

Front yard: An open space, extending the full width of the lot, between the front lot line and the nearest point of the main building.

B.

Rear yard: An open space, extending the full width of the lot, between the rear lot line and the rear elevation, following the contour of the main building. References in this chapter to such terms as "rearmost" shall be interpreted to mean the definition above, it being the intent that the measurement is taken from any portion of the main building in the rear yard.

C.

Side yard: An open space, extending from the front yard to the rear yard, between the side lot line and nearest point of the main building.

ZONING ADMINISTRATOR: The official of the City of Huntington Woods charged with the administration of this Zoning Ordinance.

ZONING DISTRICT: An area or areas within the incorporated area of the City of Huntington Woods within which regulations and requirements governing use, lot area, lot size, and other provisions are uniform.

ZOO: A park accredited by a national zoological or museum association in which living animals are kept and exhibited to the public.

ZOO ANIMAL HABITAT: A defined area or building in which animals are confined within enclosures, to be displayed, bred, cared for, or rehabilitated.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 603, § 1, 4-10-2018)