Abandonment. To cease or discontinue a use or activity without intent to resume (excluding temporary or shortterm interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility).

Accessory Dwelling Unit (ADU). A small, independent residential dwelling unit located on the same lot as a principal dwelling unit. An ADU can be connected to a single-unit dwelling by a shared roof, but not by walls.

Accessory Structure. A structure that is incidental and customarily found in connection with, or subordinate to, the principal structure or use, and is located on the same lot.

Accessory Use. A use which meets all the following criteria:

1) Is clearly incidental and subordinate to the principal use.

2) Is customarily found in connection with the principal use.

3) Is located on the same lot as the principal use.

Addition. The extension or increase in floor area or height of a structure.

Adjacent. Having any distance of a lot line in common with another lot or being separated from another lot by a right-of-way, alley, or easement.

Adult Business. A private or public commercial establishment, which at all times excludes minors by virtue of age, including, but not limited to: bookstores, retail, motion film and photography production facilities, event and entertainment spaces, and drive-in theaters featuring nudity and/or sexually oriented entertainment. A nude modeling studio, for purposes of art, is not considered an adult business. Adult businesses are considered a principal use.

Alley. A public right-of-way which affords a secondary means of access to adjacent lots and is not intended for general traffic circulation.

Alteration. Any construction, retrofit, or renovation to an existing structure (other than a repair or addition) that requires a Building Permit.

Animals, Domestic. An animal that has traditionally lived in a state of dependence upon humans and kept as a tame pet, no longer possessing a disposition or inclination to escape, to bite without provocation or to cause death, maiming, or illness of a human, nor used for commercial breeding purposes. Examples include, but are not limited to: dogs, cats, birds, aquatic animals, rabbits, small rodents, and similar animals which do not present an unusual risk to persons or property. Chickens are not considered domestic animals.

Animals, Exotic. An animal not indigenous to the City that is incapable of being completely domesticated, requiring the exercise of art, force, or skill to keep it in subjection; this includes any animal which a person is prohibited from possessing by law. Examples include, but are not limited to: alligators, big cats, venomous snakes and spiders, birds of prey, primates, deer, racoons, and opossums.

Agent. The property owner, or a person or entity acting with the written and signed authorization of the property owner, to make an application to the City.

Approving Body. The body charged with approving a permit or application.

Architectural Terms:

1) Architectural Features. Features include, but are not limited to: cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

2) Awning. An architectural projection that provides weather protection, identity, or decoration that is wholly supported by the structure to which it is attached and is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

3) Chimney. A primary vertical structure containing one or more flues, for the purpose of carrying gaseous products of combustion and air from a fuel-burning applicant to the outside atmosphere.

4) Exempt Frontage. A lot line that is not a Principal or Secondary Frontage.

5) Façade. Scaled, flat representation of one side of a structure, showing height and vertical dimensions, and architectural details. The façade includes the wall faces, parapets, fascia, windows, doors, canopies, and visible roof structures.

6) Fenestration. The arrangement of windows and doors on the building façade, including skylights, roof windows, vertical windows, opaque and glazed doors, and glass block.

7) Principal Frontage. The lot line in common with the right-of-way line along a public street that customarily represents the street address for that lot.

8) Roofline. The top edge of a roof or building parapet, whichever is higher, excluding cupolas, chimneys, or other minor projections.

9) Secondary Frontage. Any lot line in common with the right-of-way line along any public street (but not alley) that does not customarily represent the street of address for that lot.

10) Soldier Course. A course of bricks with the bricks stood up veridically (showing its narrowest face to the wall).

11) Storefront. The ground-floor portion of a commercial / mixed-use building façade where the opaque exterior wall is absent and the interior is enclosed instead by fixed, plate-glass display windows. A storefront attracts visual attention to a business and its merchandise and must abut a sidewalk or be connected to a sidewalk with a paved surface affronting the entire extent of its window frontages.

12) Trim. Picture molds, chair rails, baseboards, handrails, door and window frames, and similar decorative or protective materials used in fixed applications.

13) Visible Light Transmission, VLT. The amount of visible light that passes through a glazing system (ex: a window film) and is expressed as a percentage.

Artisan / Maker Space. A work or studio space for artisans, craftsmen, and small- scale manufacturers to work in an individual or communal setting, where the activities produce little to no vibration, noise, fumes, or other nuisances typical in industrial or manufacturing uses. Artisan / maker spaces may offer a retail component. Bar. An establishment operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If an establishment includes a bar or lounge and a separate dining facility, the establishment is a bar if more than 50% of the usable floor area of the entire establishment is used for the bar’s operation and seating.

Basement. Any story that is below the story above grade. A basement may have part, but no more than onehalf of its height above finished grade.

Battery(ies). A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically.

Battery Energy Storage System (BESS). An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

1) Tier 1 BESS have an aggregate energy capacity less than or equal to 600kWh that are an accessory use or structure to the principal use; and, if in a room or enclosed area, consist of only a single energy storage system technology.

2) Tier 2 BESS have an aggregate energy capacity greater than 600kWh and equal to or less than 10 MWh that are an accessory use or structure to the principal use and are primarily storing electricity to be used on-site. These systems may be either in a room or an enclosed area.

3) Tier 3 BESS are systems with an aggregate energy capacity greater than 10 MWh that are tied into the larger electrical grid with the primary purpose of providing energy services to the grid.

4) Commissioning Plan. A systemic process that provides documented confirmation that a BESS functions according to the intended design criteria and complies with applicable code requirements.

Bed and Breakfast. A use that is subordinate to the principal use of a structure as a single-unit, detached dwelling, in which transient guests are provided with sleeping rooms and limited breakfast meals on a short-term basis in return for payments. An “inn” is one type of “bed and breakfast”.

Block. The property adjacent to one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, or the City boundary line.

Board of Zoning Appeals (BZA). The Board to consider variances, appeals, and interpretations as outlined in this Code.

Body Art / Tattoo Shop. A business licensed by the State involving body tattoos, piercings, and similar activities.

Brewery. An establishment for brewing beer or other malt liquors.

Building. A combination of materials, whether portable or fixed, forming a structure affording a facility or shelter for use or occupancy. A building is a structure.

1) Building, Existing. A legally approved building, erected prior to the adoption of this Code.

2) Building, Principal. The building which contains the primary use(s) of the lot on which it is located.

Building Code. Any code regulating building construction in the City.

Building Official. The person appointed and employed by the City, who is charged with the administration and enforcement of the adopted building codes.

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

Carport. A partially open structure intended to shelter at least one vehicle.

Cemetery. Land intended for the burial of multiple deceased humans (or of pets, within pet cemeteries). Cemeteries may include a columbarium and/or mausoleum.

Child Care. The provision of care and supervision of children for periods of less than 24 hours a day, unattended by a parent or legal guardian. All child care facilities must be licensed with the Michigan Department of Licensing and Regulatory Affairs (LARA).

1) Child Care Center. A facility that allows an individual, agency, or corporation to provide care in a commercial space or building for 1 or more children under the age of 13. The children are in care less than 24 hours a day, parents or guardians are not immediately available, and the center operates for more than two consecutive weeks. The facility is generally described as a childcare center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before-school or afterschool program, or drop-in center. “Child care center” does not include the following:

a) A religious instructional class that is conducted by a religious organization where children are attending for not more than 3-hours per day for an indefinite period or for not more than 8-hours per day for a period, not to exceed 4-weeks during a 12-month period.

b) A facility operated by a religious organization where children are in the religious organization's care for not more than 3-hours while persons responsible for the children are attending religious services.

c) A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to: dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age child-focused training.

d) A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to: youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in group athletic or social activities.

e) A child care program which operates in conjunction with a public school district.

2) Child Care Home, Family. A private home where care or supervision is provided for up to 7 unrelated children (where the licensee permanently resides as a member of the household).

3) Child Care Home, Group. A private home where care or supervision is provided for 8 to 14 unrelated children (where the licensee permanently resides as a member of the household).

City. The City of Ferndale.

City Council. The City Council of the City of Ferndale.

Commercial Vehicle. A vehicle which is used for the transportation of passengers for hire, or constructed / used for the transportation of goods, materials, or merchandise, or which is designed and used for towing other trailers or vehicles.

Community Incubator Kitchen. A shared space designed to support and nurture food-related businesses and entrepreneurs. It provides a fully equipped commercial kitchen facility that can be rented by individuals or small businesses for access to professional-grade equipment and space to prepare and produce food products.

Compatibility. The characteristics of different uses or activities which permit them to be located near each other in harmony and without conflict.

Condominium:

1) Condominium Act. State of Michigan, PA 59 of 1978, as amended.

2) Condominium Documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium

3) Condominium Lot. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common elements, if there is such a limited common element.

4) Condominium Subdivision Plan. The drawings and information prepared in accordance with Section 66 of the Condominium Act.

5) Condominium Unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.

6) General Common Element. Portions of the condominium project other than the condominium units that are designated for use by all owners within the development.

7) Limited Common Element. An area which is accessory to a site condominium unit and is reserved in the master deed for the exclusive use of the owner of that unit. For the purposes of this Code, a site condominium unit’s limited common element, when combined with the condominium building site, is the equivalent of a lot.

8) 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 the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.

9) Site Condominium. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure(s) may be constructed, herein defined as a condominium unit, as described in the master deed.

Construction. The erection, alteration, repair, renovation, demolition, or removal of any structure and the excavation, filling, and grading in connection thereto.

Contractor’s Yard / Office. The parking, stockpiling, storage of vehicles, equipment and/or supplies for use by a contractor for the construction and/or renovation trades.

Curb Cut. A paved opening for vehicles, from a public street to a lot.

Deed Restriction. A restriction of land, use, or development that is set forth in a document and recorded with the County Register of Deeds; it is binding on subsequent owners and is also known as a restrictive covenant.

Deck. Any patio, terrace, gallery, veranda, piazza, or similar, uncovered projection from an outer wall of a building that is affixed to the ground.

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

Dental Clinic. A facility where dentists and dental staff provide oral health treatments and dental procedures.

Development. The construction of a new building or structure (or portion thereof), the relocation of an existing building, or a new use of land.

Development Proposal. Application to the CED Department, including but not limited to: site plans, special land uses, Planned Unit Developments (PUD), map amendments (rezonings), and Class A nonconformities.

Distributed Energy Resource (DER). Technologies and equipment for generating, managing, and storing energy or electrical capacity at the place of consumption.

Distribution Center. A use which typically involves both warehouse and office/administration functions, where short- and/or long-term storage takes place in connection with the distribution operations of a wholesale or retail supply business.

Distillery. An establishment for the manufacturing of liquor.

Drive-Thru. A facility designed to serve customers in their vehicle from a window in the building. A drive-thru may serve any type of permitted business but are generally associated with food service and banking.

Dwelling. A building that contains a dwelling unit that is built, used, rented, leased, let, or hired out to be occupied, or that are occupied for living purposes.

Dwelling Unit. A dwelling unit is a single unit, providing complete living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Dwelling units include:

1) Dwelling, Duplex. A building designed for or occupied exclusively by two households living independently of each other that shares a common wall. This definition does not include a single-unit dwelling with a detached ADU.

2) Dwelling, Fourplex. A building designed for or occupied exclusively by four families living independently of each other that shares a common wall. This does not include a triplex dwelling with a detached ADU.

3) Dwelling, Multiple-Unit. A building, or portion there-of, used and designed as a residence for five or more households living independently of each other and having their own cooking facilities therein, including rowhouses, apartment buildings, and lofts.

4) Dwelling, Single-Unit Detached. A detached building with exclusively one occupied residence.

5) Dwelling, Rowhouse. Two or more multi-story units with shared side walls on both sides; they typically have entries facing a street and a rear yard or small court with detached parking garage or parking area accessed from an alley.

6) Dwelling, Triplex. A building designed for or occupied exclusively by three households living independently of each other that shares a common wall. This definition does not include a duplex dwelling with a detached ADU.

7) Dwelling, Upper-Level Residential. A dwelling unit that is located on any floor above ground floor level, within a mixed-use building.

Easement. Interest in land owned by another that entitles its holder to a specific limited use or access.

Electric Vehicle Charging Management System. A system to control electric vehicle supply equipment loads through the process of connecting, disconnecting, increasing, or reducing electric power to the loads and consisting of any of the following: a monitor(s), communications equipment, a controller(s), a timer(s), and other applicable device(s). In EV spaces where the majority of vehicles are expected to be parked for more than 6- hours at a time, Energy Management Systems should consider vehicle-to-grid (V2G) capable equipment.

Electric Vehicle Supply Equipment (EVSE). Known as a “charger”, the EVSE includes the conductors, including the ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to an electric vehicle.

EVSE Space. A parking space in a parking lot or facility with access to Level 2 or Level 3 EVSE.

Level 1 EVSE. A common residential outlet with 120-volts on a 20-amp (or higher) circuit.

Level 2 EVSE. Equipment that is serviced by electrical equipment capable of providing 208/240-volt 40- amp (or higher) AC electric service.

Level 3 EVSE. Equipment that is serviced by electrical equipment capable of providing 50kW Direct Current (DC) electric service or greater, known as a Direct Current Fast Charger (DCFC).

Essential Services. The erection, construction, or alteration, by public utilities or municipal entities, of underground, surface or overhead gas, electric, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals or signs, fire hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service by public utilities or municipal entities, or for the public health, safety, or welfare.

Event Venue (Small or Large). A commercial establishment designed for temporary gatherings for entertainment, collaboration, celebration, or other reasons (small event venue = maximum capacity of 50 people; large event venue = maximum capacity 51 people or greater).

Experiential Retail. An establishment that offers retail experiences in the form of a class. Experiences may include art, pop-ups, live music, virtual reality, cafes and lounges, and large video display walls. An example consists of a group setting painting studio.

Façade. The exterior wall(s) of a building exposed to public view. The façade includes the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies and visible roof structures.

Fence. A structural barrier composed of posts carrying boards, rails, pickets, or wire or iron structures consisting of vertical or horizontal bars to restrict access to or from a lot or parcel of land, enclosing all or a portion of the lot or parcel.

Financial Institution. An establishment in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange. Also known as a “bank”.

Fire Code. The most recently adopted edition of the International Fire Code and its Appendix chapters (including “reference standards”) as published by the International Code Council.

Floor Area, Total. The sum of the areas of all floors of all buildings on a lot, measured from the outside face of a structure’s foundation. Basements, attic and other storage areas, balconies, porches, and uncovered decks are excluded.

Floor Area, Usable (UFA). The area used for the sale of merchandise or service, or to serve patrons, clients, or customers. Floor area used principally for the storage or processing of merchandise, or for hallways, utilities, or sanitary facilities, is not considered UFA. The measurement of UFA is the sum of the horizontal areas of all floors of the building, measured from the interior faces of the exterior walls.

Food Truck. A vehicle equipped with facilities for cooking and selling food. A food truck falls under the Mobile Vendor definition.

Foster Care. The supervision, personal care, and protection of individuals (who require care on an ongoing basis, but who do not require continuous nursing care) in addition to room and board, for 24 hours a day for compensation. All foster care facilities must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs (LARA).

1) Foster Care, Adult Family Home. A private residence with 6 or fewer adults; the licensee must be a member of the household and an occupant of the residence.

2) Foster Care, Adult Large Group Home. A facility with at least 13, but not more than 20 adults, to be provided with foster care; the licensee is not required to be an occupant.

3) Foster Care, Adult Small Group Home. A facility with 12 or fewer adults to be provided with foster care; the licensee is not required to be an occupant of the residence.

4) Foster Care, Family Group Home. A private home that provides foster care to 7 or more children.

5) Foster Care, Family Home. A private home that provides foster care to 6 or fewer children.

Frontage. A lot fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, end of a dead-end street or City boundary measured along the street line.

Funeral Home / Mortuary. An establishment where the dead are prepared for burial or cremation.

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

Gas Station. An establishment offering the retail sale and dispensing of fuel, energy, or lubricants from fixed equipment directly into vehicles (the retail sales of items such as pop, groceries, and similar products may also be offered).

Geothermal Energy. A closed loop system that uses buried high-density polyethylene (HDPE) plastic piping installed in drilled and grouted boreholes that conductively exchanges thermal (heat) energy with the ground via circulating water or a water/antifreeze mixture through the piping system.

Grade. The degree of rise or descent of a sloping surface:

1) Grade, Average. Where a building is located on sloping terrain, the height is measured from the average ground level of the grade at the building wall.

2) Grade, Finished. The finished ground level adjoining the building at all exterior walls. The final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

3) Grade, Natural. The elevation of the ground surface in its natural state, before human-made alterations.

Greenspace. An area of a parcel to be maintained as permeable, natural vegetation such as trees, grass and plants.

Grocery Store. A retail establishment for the sale of food, food products, or beverages for consumption off premises.

Health or Fitness Club / Gym. A facility for the provision of exercise equipment, facilities, or classes for use by members for compensation.

Height, Building. The vertical distance from the average grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs.

Holistic Treatment Center. Establishment that focuses on holistic medicine, which is a form of healing that considers the whole person – body, mind, spirit, and emotions – in the quest for optimal health and wellness. A center may include a massage establishment.

Home-Based Business. An accessory use of a dwelling unit for gainful employment involving the provision of professional or personal services and carried on by a person residing in the dwelling unit, and which occupation or profession is clearly incidental and subordinate to the use of the dwelling unit for dwelling purposes. Outdoor sales lasting no more than 4 consecutive days and occurring no more than 3 times per calendar year are not a home-based business.

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

Hotel. A building containing rooms intended and designed to be occupied, or which are occupied, rented, or hired out, for sleeping purposes by guests with staff on site. A Short-Term Rental is not a hotel.

Hotel, Boutique. Smaller-capacity hotels (100 rooms or less), which provide more personalized service than typical hotels. A Short-Term Rental is not a hotel.

Household. All persons who occupy a dwelling unit.

Impervious Surface. Human-made material that covers the surface of land and substantially reduces the infiltration of stormwater to a rate of 5% or less. Impervious surfaces include pavement and all structures.

Institution of Higher Education. An institution that provides an educational program for which it awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree or awards a degree that is acceptable for admission to a graduate or professional degree program.

Landscape Nursery / Greenhouse. A place where plants are propagated and grown to a desired size (mostly for gardening, forestry, or conservation biology, rather than agriculture). They include retail, municipal, wholesale, and private nurseries.

Landscaping Terms:

1) Berm. A mound of earth graded, shaped, and improved with landscaping to be used for visual and/or audible screening purposes to provide a transition between uses of differing intensity or to raise a structure above the natural grade.

2) Buffer. Either a vegetated greenbelt or a screen wall / fence that provides visual screening, noise reduction, or transition between lots or uses.

3) Caliper. The diameter of a tree trunk measured 4.5-feet above the average grade.

4) Deciduous. A tree or shrub that provides foliage (leaves, petals, etc.) that is shed at the end of its growing season. Its purpose is to provide shade to adjacent ground areas.

5) Evergreen. A tree or shrub that retains its green leaves and foliage throughout the year.

6) Greenbelt. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and groundcover to serve as an obscuring screen or buffer for noise or visual enhancement. A buffer screen wall may also customarily be located within a greenbelt.

7) Groundcover. Low-growing plants or sod that in time form a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

8) Hedge Row. A 3-foot-tall row of evergreen or deciduous shrubs that are planted close enough together to form a solid visual barrier.

9) Landscaping. The treatment of the ground surface with live plant materials such as, but not limited to: grass, groundcover, trees, shrubs, vines, and other live plant material, and may include other decorative natural or processed materials (i.e., wood chips, crushed stone, boulders, or mulch). Structural features such as water features, statues, art, and seating areas may also be considered part of landscaping (if provided in combination with live plant material).

10) Opacity. The state of being at least 80% impervious to sight.

11) Ornamental. A deciduous tree or shrub that is typically grown because of its shape, flowering characteristics, or other attractive features.

12) Retention / Detention Pond. An artificially created pond or basin that holds collected stormwater. A detention pond has an outlet that releases water at a controlled rate, in order to reduce how quickly runoff enters natural waterways (protecting downstream areas from flooding and erosion). Retention ponds hold water until it infiltrates the soil or evaporates without an outlet to a drainage way, except for emergency overflows.

13) Screen. A method of visually shielding or obscuring an adjacent or nearby structure, property or use from another by using fencing, walls, berms, gates, building features, or plantings of sufficient height, length, and opacity to form a visual barrier.

14) Shrub. A self-supporting, deciduous or evergreen plant, normally branched near the base, and bushy.

15) Tree. A woody plant with an erect perennial trunk and a definite crown of foliage.

Library. An establishment contains literary, musical, artistic, or reference materials (including, but not limited to: books, manuscripts, recordings, or films) are kept for use, or borrowing, but not for sale.

Live-Work. A building that contains both a dwelling unit and a commercial, office, or light industrial use within the same single, leasable, or for-sale unit.

Loading Space. An off-street space on the same lot with a building for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Loft. A loft apartment is a type of multiple-unit residential use, characterized by a large, open space in a former industrial building or a newly constructed building designed to look industrial

Lot. A tract of land occupied, or intended to be occupied, or utilized by a use, principal and accessory buildings, yards, and/or open space. For a lot to be buildable, it must meet the minimum requirements of Article 2: Zoning Districts and Map for use, lot area and width, setbacks, open space, etc., in the zoning district it is located in.

1) Lot, Corner. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot adjacent to a curved street or streets is considered a corner lot if the arc is of less radius than 150-feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

2) Lot, Double Frontage. A lot (other than a corner lot) with frontage on 2 or more parallel streets.

3) Lot, Interior. A lot with only 1 lot line fronting on a street.

4) Lot Area. The total area of a lot, excluding any portion located in a street or other right-of-way.

5) Lot Coverage. The percentage of the lot occupied by buildings, including accessory structures.

6) Lot Line. A line dividing one lot from another, or from a street or any public place.

a. Front Lot Line. The line between the lot and the public street or private street.

b. Rear Lot Line. The lot line opposite and most distant from the front lot line.

c. Side Lot Line. All lot lines other than a front or rear lot line.

7) Lot Width. The straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines.

Manufactured Housing. A dwelling unit substantially built, constructed, assembled, and finished at an off-site location from the premises where it is to be located.

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

1) Manufacturing, Heavy Intensity. An industrial use typically having the potential of creating substantial noise, smoke, dust, vibration, and other environmental impacts or pollution, and including, but not limited to: the extraction or mining of raw materials, such as quarrying of sand or gravel; processing or refining of raw materials (such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products); the milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales or service use; refining, extruding, rolling or drawing of ferrous or nonferrous metals, or the use of a non-induction foundry for ferrous metal; production of large durable goods such as motorcycles, vehicles, manufactured homes, airplanes, or heavy farm, industrial or construction machinery; manufacturing of electrical components (such as semiconductors and circuit boards), using chemical processes such as etching or metal coating; production of industrial organic and inorganic chemicals, and soaps and detergents; and the conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition.

2) Manufacturing, Light Intensity. An industrial use where all processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building. Light manufacturing is conducted on a smaller scale than heavy manufacturing and often uses less energy and resources.

Map Amendment (Rezoning or Conditional Rezoning). An amendment to this Code to change the Zoning Map classification on a lot from its existing district to a new district classification. A map amendment could be a conditional rezoning:

1) Conditional Rezoning Agreement (CRA). A written agreement approved and executed by the City and property owner setting forth the conditions attached to the rezoning pursuant to Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and any other terms mutually agreed upon by the parties relative to land for which the City has approved a conditional rezoning.

2) Conditional Rezoning Plan (CRP). A plan of the property, which is the subject of a conditional rezoning, with conditions, prepared by a Michigan licensed civil engineer or architect, that may show the location, size, height, design, architecture, or other feature for and/or of buildings, structures, improvements, and features on, and in some cases adjacent to, the property.

3) Rezoning Conditions. The conditions regarding the development and use of property, voluntarily proposed by the applicant and approved by the City.

Marihuana Provisioning Center. A licensee that is a commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients’ registered primary caregivers.

Marihuana Recreation Facility. Any facility, establishment and/or center at a specific location which is licensed under the Michigan Regulation and Taxation of Marihuana Act, including a provisioning center, grower, excess grower, processor, safety compliance facility, secure transporter, marihuana event organizer, temporary marihuana event, and designed consumption establishment.

Master Land Use Plan (MLUP). The comprehensive long-range plan, adopted by the Planning Commission and City Council, intended to guide growth and development within the City and that includes analysis, recommendation and proposals for the community's population, economy, housing, transportation, community facilities, and land use.

Massage Establishment. An establishment where a message is made available. A massage is any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating, or stimulating with hands or any instrument, or by the application of air, liquid, or vapor baths of any kind whatever.

Medical Clinic. A health care facility focused on outpatient services.

Medical Marihuana Facility. A facility where primary caregivers and/or qualified patients, who are legally registered by the Michigan Department of Community Health (MDCH), may lawfully assist qualified patients, also legally registered by the MDCH, concerning the evaluation, counseling, and acquisition of medical marihuana in accordance with the Michigan Medical Marihuana Act, as amended. A use purporting to be engaged in the medical use of marihuana prior to enactment of the Michigan Medical Marihuana Act or prior to being legally registered by the MDCH, is deemed to not be a legally established use and not entitled to legal nonconforming status under this Code. The facility cannot include a club, café or other design that permits consumption of medical marihuana at the facility.

Medical Marihuana Grower Operation. A use, in accordance with the Michigan Medical Marihuana Act, as amended, for the growing, cultivation, planting and manufacturing of medical marihuana.

Mobile Vendor. A person or entity that makes sales from a vehicle, stand, or installation (including a food truck) that is temporary or is capable of being moved from one location to another. Mobile vending includes the outdoor sales of merchandise but does not include sidewalk sales of items from a business.

Motel. A group of attached, semi-detached or detached rooming units of which not more than 10% contain cooking or eating facilities, each unit having an entrance leading directly from the outside of the building. Such units, with the exception of the unit occupied by the management staff, must be used and intended primarily for the overnight accommodation of transients.

Must. The term, where used in this Code, is construed as mandatory.

Night Club. A building whose primary function is the provision of theatrical performances, pre-recorded music, or live musical entertainment for listening or dancing by the patrons, or any combination of the above functions. Night clubs have an open floor plan. Accessory uses may include the sale and consumption of food and/or alcoholic beverages on the premises.

Nonconformity. A building, structure, lot, or use that lawfully existed at the effective date of this Code, or a subsequent amendment, but which does not presently conform to this Code’s standards.

Non-Profit Social Club. A social or recreational club organization that meets the Internal Revenue Code criteria for tax-exempt status under IRS Code 501(c)(7).

Novelty Store. A retail establishment which includes drug paraphernalia, including pipes, bongs, clips, scales, sifter, rolling papers, spoon, and other items that may be classified and defined as drug paraphernalia in the Public Health Code, as amended, as part of its merchandise for sale to the public.

Nuisance. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a lot line which can be perceived by or affects a human, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, radiation, objectionable effluent, noise of congregation of people (particularly at night), traffic, or a burned-out or condemned structure.

Office. An establishment, where clerical work, professional duties, or the like are performed.

Outdoor Dining. An area where food and other refreshments are served or consumed, often, but not necessarily, within the public right-of-way (the sidewalks immediately adjacent to a restaurant or café). Outdoor Dining does not include service areas for a Food Truck or Mobile Vendor.

Owner. Any person, agent, firm, or corporation having a legal or equitable interest in a lot.

Parcel. See “Lot”.

Parking Lot, Off-Street. Land (other than a driveway, street, or other right-of-way) designed and used for the parking or storage of a vehicle by the occupants, employees, and patrons of the building or premises to which it is accessory.

Parking Space. An accessible area of definite length and width for parking a vehicle or bicycle.

Parking Structure. A wholly or partly enclosed structure, comprised of one or more levels, for the temporary parking and protection of vehicles.

Paved. An impervious surface constructed out of asphalt, concrete, or similar material,

Pawnshop. An establishment where a pawnbroker conducts business. A pawnbroker is a person or entity that loans money on deposit or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price.

Permit. An official document or certificate issued by the authority having jurisdiction that authorizes performance of a specific activity.

Personal Service Establishment. An establishment providing services, as opposed to products, to the public, including financial services, pharmacies, insurance, real estate, dry cleaning, tailors, salons, spas, wellness, and similar uses. Personal services do not include auto-related uses.

Pervious Surface. An area maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground. Synonymous with porous or permeable.

Pet. See “Animals, Domestic”.

Pet Grooming and Boarding Facility. A establishment for the temporary boarding and care of domestic animals. Facilities may provide related services, (e.g., grooming or training), but animals cannot be bred or sold.

Pharmacy. An establishment where primarily medicinal drugs are dispensed and sold.

Planned Unit Development (PUD). An area in which a mix of residential, commercial and/or industrial uses are planned and developed as a whole, according to comprehensive and detailed plans with more flexible standards, such as setbacks, than those restrictions that would normally apply under this Code.

Planning Commission. The Commission authorized to draft, administer, and enforce the City’s Master Plan and Zoning Code.

Property Line. The boundary lines that define and identify the extent of a lot(s) by ownership.

Public Utility. An entity authorized to provide utilities or infrastructure for the purpose of transportation, water, sewer, stormwater, gas, electric, communications, and other similar services.

Recreation, Indoor. A public or private establishment that provides indoor recreational activities, services, amusements, and/or instruction. Uses include, but are not limited to: bowling alleys, ice- or roller-skating rinks, billiard halls, swim clubs, and arcades.

Recreation, Outdoor. An outdoor facility providing public or private recreation. Uses include, but are not limited to: athletic fields, miniature golf courses, skateboard parks, swimming, bathing, wading, and other therapeutic facilities, basketball courts, and batting cages.

Religious Institution. An institution that people regularly attend to participate in or hold religious services, meetings, or other activities.

Repair. The reconstruction or renewal of any part of an existing structure or sign for the purpose of its maintenance or to correct damage.

Research and Development. An establishment for the studying and testing of innovative activities undertaken in developing new services or products and improving existing ones.

Restaurant. An establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state.

1) Restaurant, Café / Takeaway. Establishments whose patrons generally order or select items and pay before eating. Food and drink may be consumed on the premises, taken out, or delivered to customers’ locations.

2) Restaurant, Full-Service. Establishments where food, confections, and beverages are served and consumed primarily on the premises in seating areas.

Retail. A commercial establishment that sells goods or merchandise to the public on-site. Examples include, but are not limited to: convenience/beverage stores, clothing/shoe/accessory stores, book/music/video/electronics stores, hardware stores, and art galleries with art for sale.

Right-of-Way. A legal right of passage on, below, or above a street, alley, railroad, or easement.

Roastery. An establishment where coffee beans are roasted and prepared for consumption.

Scale. The size and shape of a structure or other element of the built environment, relative to its surroundings and to the people who interact with it.

Self-Storage Facility, Indoor. An enclosed space for rent to the public to store non-perishable goods.

Senior Living Facility. A range of housing and lifestyle options for seniors, adapted to the challenges of ageing, such as limited mobility and mental health. A senior living facility may include accessory uses, such as on-site services, cafes, entertainment, laundry, and personal services.

1) Assisted Living. A facility providing responsible adult supervision of or assistance with routine living functions of an individual (where the individual’s condition necessitates that supervision or assistance).

2) Independent Living. A facility that affords seniors the ability to live on their own while taking advantage of various amenities and community offerings.

Setback. The minimum and maximum horizontal distance that a building, structure, or parking lot must be from any lot line.

Short-Term Rental. A dwelling unit for rent in part or in its entirety for less than 30 consecutive days per occupant.

Sidewalk. Pedestrian or non-motorized vehicular circulation routes built according to the standards of the City with right-of-way jurisdiction, as applicable.

Sidewalk Vending. Peddling, vending, selling, displaying, or offering for sale any goods, wares, merchandise, or other thing of value upon a public sidewalk either traveling or from a fixed location in the City.

Signs. Any visible device which displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.

1) Abandoned Sign. A sign that no longer advertises a valid business, product, service, activity, owner, or lessor or is vacated for 60 days or a sign support structure with no signage for more than 6-months.

2) Alter. The addition or change to, refacing of, or removal of any part of any sign or the whole sign.

3) Awning Sign. A permanent sign painted, or screen printed on the exterior surface of an awning.

4) Banner Sign. A sign on paper, cloth, fabric, plastic, or other flexible material that is attached flat against a permanent sign face or strung between two poles or structures.

5) Billboard Sign. A large sign erected, maintained, and used for the purpose of displaying messages that can be seen from a long distance or read from a vehicle traveling at higher speeds. This sign usually contains a message or advertises an establishment, product, service, space, or activity not available on the lot where the sign is located.

6) Canopy Sign. A permanent projecting sign affixed to the side or bottom surface of an attached canopy.

7) Changeable Message Sign. A permanent sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means or manually through placement of copy and symbols on a panel mounted in or on a track system.

8) Construction Sign. A temporary sign identifying the name(s) of project owners, contractors, developers, realtors, architects, designers, engineers, landscape architects, and financiers of a project being constructed or improved. It does not include advertising of any product or announcement of availability of leasing space.

9) Directional Sign. A sign designed and erected for the purpose of providing direction and/or orientation for vehicular or pedestrian traffic.

10) Employment Sign. A “help wanted” sign soliciting employees for the place of business where posted.

11) Festoon Sign. A sign consisting of a string of ribbons, pennants, spinners, streamers, tinsel, small flags, pinwheels, or lights, typically strung overhead, in loops, and/or around windows or doors. Festoon signs do not contain letters, numbers, logos, etc.

12) Flag. An emblem usually consisting of a piece of cloth with the insignia of any nation, state, city, community organization, educational institution, noncommercial enterprise, or institution of higher education. Commercial flags (which include a brand name, product name, trademark, trade name, logo, or abbreviation related to a product, company, profession, business, or any other commercial message) are not permitted.

13) Government Sign. A temporary or permanent sign erected by the City, Oakland County, or the state or federal government including signs as necessary in conjunction with the improvement of public infrastructure or vehicular or pedestrian traffic direction or information.

14) Grand Opening Sign. A sign used to communicate that a new business is either opening soon or is now open.

15) Incidental Sign. A sign measuring 2 square feet or less that is designed and located to be viewed by persons on a property and is generally not visible or legible from the right-of-way or adjacent properties. Examples include, but are not limited to: credit card signs, hours of business, no smoking signs, signs used to designate bathrooms, handicapped signs, and other signs providing information to be read at close proximity.

16) Inflatable Sign. A sign composed of an inflatable, flexible material tethered to a building or the ground.

17) Integral Sign. A memorial sign or commemorative tablet which contains the names of buildings, dates of erection, and monumental citations installed as a permanent part of a structure.

18) Interior Sign. A sign placed within a building that is not visible from any public street, sidewalk, alley, park, or public property. If the sign is visible from outside the building and is within 5-feet of a window, it is not an interior sign, it is a window sign.

19) Marquee Sign. A projecting sign typically mounted perpendicular to the building façade in a vertical manner. Marquee signs often include a changeable copy component in addition to the display of a permanent message, but they are not required to have changeable copy.

20) Monument Sign. A base-mounted, freestanding sign placed in the ground (which does not allow visual clearance underneath) and is not attached to any structure.

21) Mural. A graphic displayed on the exterior of a building for the purposes of decoration or artistic expression that does not contain any brand name, product name, trademark, trade name, logo, or abbreviation related to a product, company, profession, business, or any other commercial message.

22) Nameplate Sign. A non-electric sign stating the name and/or address of a person, business entity, or firm located on the site.

23) Nonconforming Sign. A sign that was lawfully permitted at the time it was erected but is not permitted under this Code.

24) Pole Sign. A three-dimensional, self-supported, permanent, base mounted sign which allows visual clearance underneath.

25) Portable Sign. A temporary sign whose supporting structure is intended, by design or construction, to be moved easily and may be propelled by its own power or by another vehicle to which it may be attached. These signs are not permanently affixed to the ground or structure, and may or may not have wheels, changeable letters, and/or hitches for towing.

26) Projecting/Blade Sign. A sign which projects perpendicularly or at an angle from a building, this does not include canopy, awning, roof, or marquee signs.

27) Roof Sign. A sign which is erected, constructed, or maintained on or above the roof or parapet of a building.

28) Sandwich Board Sign. A portable temporary sign or sign board that is freestanding and not permanently anchored or secured to either a Building, structure, or the ground. Often used simultaneously with “sidewalk signs,” sandwich board signs include, but are not limited to, so called “A” frame, “T” shaped, or inverted “T” shaped stands.

29) Static Illumination Sign. An illuminated sign that displays store conditions, such as “Open” or “Closed.”

30) Temporary Sign. A sign constructed and intended to be displayed for a limited time. Any sign, regardless of construction and intention, that is in place for more than 60-days is a permanent sign.

31) Traffic Control Sign. A private traffic control or parking sign that conforms to the requirements of the Michigan Manual of Uniform Traffic Control Devices.

32) Vehicle Sign. A sign painted on or attached to a vehicle, including trailers, which is parked in such a manner as to attract attention or advertise a business, product, service, or activity. Commercially licensed vehicles which are generally used daily off-site are not included.

33) Wall Sign. A sign attached to, painted, or placed on the exterior façade of any structure.

34) Window Sign. A temporary or permanent sign oriented to the right-of-way and placed on a window, or inside a building in such a manner as to be oriented toward the right-of-way.

35) Window Covering. A temporary or permanent covering or film placed on a window. Window coverings may be frosted or opaque.

Site Plan. A scaled drawing illustrating existing conditions, detailing the proposed use and development of a lot, and all required elements applicable, to ensure compliance with this Code.

Sketch Plan. A drawing containing less information than a site plan, drawn in compliance with this Code, of a development intended to ensure compliance with zoning provisions. A sketch plan does not need to be prepared by a licensed professional.

Solar Energy Systems (SES). A device, array of devices, or structural design feature, the purpose of which is to provide for generation and/or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. SES unit types include:

1) Building-Integrated SES: A SES that is an integral part of a primary or accessory building or structure (rather than a separate mechanical device), replacing or substituting for an architectural or structural component of the building or structure. Building-integrated systems include but are not limited to photovoltaic (BIPV) or hot water solar energy systems that are contained within roof materials, windows, skylights, awnings, fences, and walls.

2) Ground-Mounted SES (Accessory Use): A SES mounted on a rack or pole that is ballasted on, or is attached to the ground, and the system is accessory to the primary use.

3) Ground-Mounted SES (Principal Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to the ground, and is the primary land use on the lot which it is located.

4) Roof-Mounted SES: A SES mounted on racking that is attached to or ballasted on the roof of a building or structure.

5) Solar Access: Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight.

6) Solar Photovoltaic (PV): A type of SES that uses semiconductor materials to convert solar energy directly into electricity. The primary components of this type of SES are solar panels, mounting devices, inverters, and wiring. Components may also include cleaning mechanisms and sun-tracking sensors and mechanisms, etc.

7) Solar Rights: Easement(s) of direct sunlight (Solar Access) may be acquired over the land of another by legally obtaining an easement or covenant.

Special Land Use. A use of land for an activity which, under usual circumstances, could be detrimental to other land uses permitted within the same district but which may be permitted because of circumstances unique to the location of the particular use and which use can be conditionally permitted without jeopardy to uses permitted within such district.

Story. The portion of a structure between the upper surface of a floor and the upper surface of the floor (or roof if a single-story) above it but excluding mezzanines and basements.

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

Streetscape. The distinguishing character of a particular street as created by its width, paving materials, type, design, and placement of street furniture, and forms of surrounding buildings.

Studio. An establishment for the arts or creative arts, which includes a wide range of human practices of creative expression, storytelling, and cultural participation. This includes painting (including nude painting), dance, photography, ceramics, etc.

Structure. A combination of materials that form a construction for use, occupancy, or ornamentation, whether installed on, above or below grade. All buildings are structures, however, not all structures are buildings. Structures include, but are not limited to: towers, sheds, gazebos, and decks.

Subdivision Plat. The process of laying out land into lots, blocks, streets, and public areas for their sale and development.

Sustainable. The ability to maintain an ecological balance and conserve natural resources to support the wellbeing of current and future generations.

Temporary Use or Building. A use or building permitted to exist during periods of construction of the principal building or use, or for special events.

Theater / Entertainment Venue. An establishment for the presentation of the performing arts, including indoor motion pictures, live performances, comedy clubs, and concert halls. Entertainment venues may include restaurants as an accessory use.

Trade / Vocational School. An establishment for the teaching of automotive, construction (carpentry, electrical, HVAC, masonry, plumbing, etc.), manufacturing or welding skills, or other specialized skill sets.

Traffic Impact Study (TIS). An analysis of the potential traffic impacts at site access points and intersections in the vicinity of a proposed development proposal.

Transitional Housing / Shelter. Transitional Housing provides temporary housing with supportive services to individuals and families experiencing homelessness with short term goals of stability and support and long term goals of successfully moving to and maintaining permanent housing.

Upper-Floor. The portion of a structure that is above the ground floor (the first story) and is occupiable.

Use. The principal purpose for which land or a structure is arranged, designed, or intended, or for which land or a structure is or may be occupied.

Variance. A relaxation or modification of the requirements of this Code as authorized by the BZA.

Vehicle. A motorized machine used for the transporting of people or goods, including, but not limited to: cars, trucks, vans, and motorcycles. Vehicle uses include:

1) Vehicle Sales and/or Rental. An establishment for the sale and/or rental of vehicles, and may include a showroom, office, service center, etc.

2) Vehicle Repair Shop. An establishment where one or all of the following services may be carried out: general repair, engine rebuilding, or rebuilding or reconditioning of vehicles; collision service, such as body, frame or fender straightening and repair; the painting and rustproofing of vehicles; oil changes and customarily related services; and the customizing of vehicles (ex: stereo, tires, etc.).

3) Vehicle Wash Facility. A mechanical or self-service establishment that contains facilities for washing vehicles. This definition does not include temporary car washes for the purposes of raising funds for charitable, non-profit, sports organizations, etc.

Veterinary Clinic. An establishment that provides for the care, diagnosis, and treatment of sick or injured domestic animals, including those in need of medical or surgical attention. It may include customary cages for the overnight boarding of animals and such related facilities as laboratories, testing services and offices.

Upper-Floor. The portion of a structure that is above the ground floor (the first story) and is occupiable.

Use. The principal purpose for which land or a structure is arranged, designed, or intended, or for which land or a structure is or may be occupied.

Variance. A relaxation or modification of the requirements of this Code as authorized by the BZA.

Vehicle. A motorized machine used for the transporting of people or goods, including, but not limited to: cars, trucks, vans, and motorcycles. Vehicle uses include:

1) Vehicle Sales and/or Rental. An establishment for the sale and/or rental of vehicles, and may include a showroom, office, service center, etc.

2) Vehicle Repair Shop. An establishment where one or all of the following services may be carried out: general repair, engine rebuilding, or rebuilding or reconditioning of vehicles; collision service, such as body, frame or fender straightening and repair; the painting and rustproofing of vehicles; oil changes and customarily related services; and the customizing of vehicles (ex: stereo, tires, etc.).

3) Vehicle Wash Facility. A mechanical or self-service establishment that contains facilities for washing vehicles. This definition does not include temporary car washes for the purposes of raising funds for charitable, non-profit, sports organizations, etc.

Veterinary Clinic. An establishment that provides for the care, diagnosis, and treatment of sick or injured domestic animals, including those in need of medical or surgical attention. It may include customary cages for the overnight boarding of animals and such related facilities as laboratories, testing services and offices.

Winery. An establishment where wine is made.

Wireless Communication Facility. A freestanding facility, building, pole, tower, or structure used to provide commercial cellular telecommunication services that consists of antennae, equipment and storage, and other accessory structures.

Yard. An open space, unoccupied and unobstructed from the ground upward, and being on the same lot with a building. The measurement of a yard is the minimum horizontal distance between the lot line and the building or structure. Yards are defined as:

1) Yard, Front. The open space between the wall or element of the building and the front lot line.

2) Yard, Rear. The open space between the wall or element of the building and the rear lot line.

3) Yard, Required. That portion of any lot on which the erection of a principal building is prohibited.

4) Yard, Side. The open space between the wall or element of the building and a side lot line.

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