Chapter 2
Use Definitions

7.201 Residential Uses.

The following is a description of the uses listed in Section 2.203.

A.    Boarding or Lodging House. A dwelling having one kitchen and used for the purpose of providing meals or lodging a period of 2 or more weeks for pay or compensation of any kind to more than two persons other than members of the family occupying the dwelling.

B.    Mixed Use Building. A building containing a mixture of residential and non-residential uses.

C.    Multiple Family Manor House (3-4 units). A building containing 3 or 4 dwelling units that has a size, scale, and outward appearance consistent with that of a one family house.

D.    Multiple Family Apartment Building (3+ units). A building used exclusively for residential purposes containing five or more residential dwelling units. A multiple-family structure where units are available for lease or rent for periods of less than one month shall be considered a lodging use.

E.    One Family Dwelling Unit. A building designed exclusively for residential occupancy by not more than one household.

F.    State Licensed Residential Facility. Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Michigan Public Act 116 of 1973 (the Child Care Licensing Act) or Michigan Public Act 218 of 1979 (the Adult Foster Care Facility Licensing Act). This definition includes adult foster care facilities, foster family homes, foster family group homes, family day care homes, and group day care homes.

    Note that wherever the term “private home” is used in the state licensed residential facilities definitions, it shall mean a private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency.

1.    Foster care means the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

2.    Adult foster care facility means a residential structure that is licensed to provide foster care, but not continuous nursing care, for unrelated adults over the age of 17. Adult foster care facilities are subject to all applicable provisions, definitions, and regulations of Michigan Public Act 218 of 1979, as amended (MCL 400.701 et seq.).

a.    The following types of adult foster care facilities are provided for by this Ordinance:

b.    Adult foster care family home means a private home with the approved capacity to receive not more than six adults to be provided with foster care. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.

c.    Adult foster care small group home means an adult foster care facility with the approved capacity to receive not more than 12 adults to be provided with foster care. Facilities with the approved capacity for seven or more adults are subject to conditional use approval.

d.    Adult foster care large group home means an adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care. Facilities are subject to conditional use approval.

e.    Adult foster care facility does not include any of the following:

f.    A licensed child caring institution, children’s camp, foster family home, or foster family group home, subject to the limitations contained in section 3(4f) of Michigan Public Act 218 of 1979, as amended (MCL 400.703).

g.    A licensed foster family home that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of Michigan Public Act 116 of 1973, as amended (MCL 722.115).

h.    An establishment commonly described as an alcohol or a substance abuse rehabilitation center; a residential facility for persons released from or assigned to adult correctional institutions; a maternity home; or a hotel or rooming house that does not provide or offer to provide foster care.

i.    A veterans’ facility created by 1885 PA 152, MCL 36.1 to 36.12.

3.    Adult foster care congregate facility means an adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care. Facilities are subject to conditional use approval.

4.    Family day care home means a private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 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 in which care is given to an unrelated minor child for more than four weeks during a calendar year.

5.    Foster family home means a private home in which one but not more than four 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 under the Michigan adoption code, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

6.    Foster family group home means a private home in which more than four but fewer than seven 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 under the Michigan adoption code, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

7.    Group child day care home means a private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 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. Group child day care home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

Table 18. Summary of State Licensed Residential Facilities

Type of State Licensed Residential Facility

Number of Persons

Private Home?

Less Than 24-Hour Care

Family Day Care Home

1-6

Yes

Group Child Day Care Home

7-12

Yes

24-Hour Care

Persons under age 18

Foster Family Home

1-4

Yes

Foster Family Group Home

4-6

Yes

Persons age 18 and Over

Adult Foster Care Family Home

1-6

Yes

Adult Foster Care Small Group Home

1-12

Yes

Adult Foster Care Large Group Home

13-20

No

Adult Foster Care Congregate Facility

20 or more

No

Nursing Home

2 or more

No

G.    Townhouse (3+ units). A building containing three or more dwelling units where each dwelling unit is divided by a party wall extending the full height of the building with no visible separation between walls or roof, and where dwelling units have a horizontal separation but not a vertical separation. Each townhouse dwelling is capable of individual use and maintenance without trespassing on adjoining dwellings and access, and utilities and service facilities are independent for each dwelling. Each dwelling unit has a first floor entrance into the unit directly from the exterior of the building.

H.    Two Family Dwelling Unit. A building designed exclusively for residential occupancy by two households with the character of a single family structure, and with separate kitchen, sleeping, and sanitary facilities for each household.

7.202 Commercial, Office and Service Uses.

A.    Automobile Service (Commercial). A place of business serving auto-related needs including, but not limited to: gas station, car wash, or mechanic offering routine service, minor repairs or customization. Minor repairs generally include any repair or service that does not require removal of the engine head, transmission, or differential.

    Major mechanical work; body repair work; painting; welding; storage of vehicles not in operating condition; commercial parking lots or garages; or any work involving undue noise, glare, fumes or smoke are automobile service (industrial) uses and are not considered automotive commercial establishments.

    Vehicle sales or auto parts sales that occur entirely within an enclosed building are considered retail sales (indoor). Vehicle sales or any sales activity that occurs outdoors are considered retail sales (unrestricted outdoor).

B.    Bakery or Confectionary. A place for preparing and selling baked goods primarily for final consumption on the premises or sale directly to customers. Bakeries may include incidental food service, and products manufactured on the site may be sold or distributed to other retailers for distribution to customers as an incidental use.

C.    Bank or Financial Institution. A business that offers financial services.

D.    Bar, Tavern, or Alcohol Service Establishment. A place of business selling alcoholic beverages for consumption on the premises, and where the sale of food may be incidental to the sale of such beverages. This includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale of alcoholic beverages for consumption on the premises as the principal use (such uses are listed in Section 537 (mcl 436.1537) of the Michigan Liquor Control Act, PA 58 of 1998, as amended).

    Manufacturers of alcoholic beverages that are not listed in Section 537 of PA 58 of 1998 (as amended) shall be considered a manufacturing and processing use for the purposes of compliance with this Ordinance.

E.    Business Service Establishment. An establishment or place of business primarily engaged in the provision of services to other business or service establishments, which are usually but not always recurrent in nature. Such facilities may include, but are not limited to branch locations for shipping companies, copying and printing establishments, computer service establishments, and the like. Business service establishments do not include the manufacture or repair of any products, implements, or goods.

F.    Child Care Center or Day Care Center. A facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents are not immediately available to the child, as defined in Public Act 116 of 1973.

G.    Funeral Home or Mortuary. A building used for the preparation of the deceased for burial and display, and for ceremonies connected therewith before burial or cremation.

H.    Gallery or Studio. An establishment engaged in the sale, loan, or display of art, books, painting, sculpture, photography, or other works of art.

I.    Learning Center. A facility other than a K-12 school or a college or university that offers training, tutoring, or instruction in subjects such as languages, music, fine arts, or dance. This may include provision of electronic testing or distance learning.

J.    Lodging Uses.

1.    Bed & Breakfast. A group of 10 or fewer lodging units located in a one family dwelling unit that may provide services for dining, meeting, or recreation.

2.    Inn. A group of 25 or fewer lodging units that may provide services for dining, meeting, or recreation.

3.    Hotel. A group of more than 25 lodging units that may provide services for dining, meeting, or recreation.

K.    Medical Clinic. A facility for examining and treating patients with medical problems on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than 24 hours. Medical clinics include immediate care or urgent care facilities, where emergency treatment if the dominant form of care provided at the facility.

L.    Office. A room or group of rooms used for conducting a business profession, service, or government. Such facilities may include, but are not limited to, offices of attorneys, engineers, architects, physicians, dentists, accountants, finance companies, real estate companies, insurance companies, financial planners, or corporate offices. Offices exclude manufacturing activities, but may include research and development activities.

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

N.    Personal Service Establishment. An establishment or place of business primarily engaged in the provision of services of a personal nature related to the care, hygiene, or appearance of the human body or the maintenance of items worn or carried by persons. Such services are usually but not always recurrent in nature. Examples of personal service uses include, but are not limited to, beauty and barber shops, shoe repair shops, health spas, therapeutic massage, tailor shops, and the like.

O.    Place of Assembly. A commercial facility for public assembly including but not limited to arenas, auditoriums, conference facilities, banquet facilities, convention centers, exhibition halls, and theaters and performing arts centers.

P.    Restaurant. A place of business dedicated to the preparation and sale of food and beverage for immediate consumption on or off site.

Q.    Retail Sales. Any generally recognized retail business that supplies commodities on the premises to the general public where all sales and display of goods shall occur entirely indoors. Commodities supplied may include groceries and similar food products for consumption off the premises.

    External off-site impacts for retail sales establishments are in the majority of cases directly and proportionately related to the size of the retail establishment. These impacts include traffic and parking generation, truck deliveries, and building scale in relation to surrounding development. There are three categories of indoor retail sales establishment, distinguished by the size of the ground floor area:

1.    Retail Sales (small indoor). Up to 5,000 square feet of gross first floor sales area on the site or within the development.

2.    Retail Sales (medium indoor). Between 5,001 and 75,000 square feet of gross first floor sales area on the site or within the development.

3.    Retail Sales (large indoor). Greater than 75,000 square feet of first floor sales area on the site or within the development.

4.    Retail Sales (unlimited outdoor). A retail, wholesale, or service use involved in the sale of goods where the outdoor display or sales of goods constitutes the principal use on the site. Examples of unrestricted outdoor retail sales include vehicle or large equipment sales areas, landscape supply yards, or other retail uses which require large land areas in proportion to indoor sales or use areas.

5.    Accessory Outdoor Retail Sales. See OUTDOOR RETAIL SALES (accessory to a permitted use) in Section 7.207, below.

R.    Sexually Oriented Business. Sexually Oriented Businesses and their operational characteristics are further defined as follows:

1.    Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of "sexually explicit activities" or "specific anatomical areas".

2.    Adult Bookstore of Adult Video Store means an establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:

a.    Books, computer diskettes, tapes or hard drives, magazines, periodicals or other printed matter or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions, slides or other visual representation which depict or describe "sexually explicit activities" or "specified anatomical areas"; or

b.    Instruments, devices or paraphernalia which are designed for use in connection with "sexually explicit activities"; or

c.    Items, materials, gimmicks, or paraphernalia depicting, displaying, advertising or packaged as "sexually explicit activities" or depict or describe "specified anatomical areas".

d.    For purposes of this Section, "principal business purpose" means:

e.    The devotion of a significant or substantial portion, meaning at least twenty-five (25%) percent of its in-store inventory (either measured by display area or retail value) in the items listed above; or

f.    The receipt of twenty-five (25%) percent of more of its revenues from the sale of the items listed above; or

g.    The devotion of a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing, of books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes, compact discs, slides or other visual representations, items, materials, gimmicks, or paraphernalia which are characterized by the depiction, description display, advertising or packaging of "sexually explicit activities" or "specified anatomical areas".

h.    An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "sexually explicit activities" or "specified anatomical areas", and still be characterized as an adult book store, adult novelty or retail store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store, so long as the establishment falls within the definition of an adult bookstore, adult novelty store or adult video store as set forth above.

3.    Adult Cabaret means a nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are sold, which features:

a.    persons who appear in a state of restricted nudity; or

b.    live performances, exhibitions, shows, dances, revues, floorshows, songs or other similar presentation which are characterized by the partial exposure of "specified anatomical areas"; or

c.    films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

d.    This definition does not include a theater which features occasional live nude performances with serious literary, artistic or political value and that have no adverse secondary effects.

4.    Adult Massage Parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. An Adult Massage Parlor, in contrast to a Myotherapy Establishment, is considered a sexually oriented business for purposes of these regulations.

5.    Adult Motel means a hotel, motel or similar commercial establishment which:

a.    offers accommodations to the public for any form of consideration and provide patrons with closed-circuit television transmission, films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are regularly characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas"; or which advertises the availability of this adult type of material by means of a sign, visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, internet or television; or

b.    permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electric transmission over the World Wide Web; or

c.    offer a sleeping room for rent for a period of time that is less than ten (10) hours; or

d.    allow a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

6.    Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

7.    Adult Theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by the performance of "sexually explicit activities". This definition does not include a theater which features occasional live nude performances with serious literary, artistic or political value and that have no adverse secondary effects.

8.    Adult Use Business means an adult arcade, adult bookstore, adult novelty or retail store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio and/or a sexual encounter establishment or any business determined by the City to be an adult use, due to the activities of the business which involve characteristic of adult uses, such as nudity, semi-nudity, exposure of "sexually explicit activities" and/or "specified anatomical areas". The definition of "adult use business" shall not include an establishment where a medical practitioner, psychologist, psychiatrists or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

9.    Employee means a person who works or performs in and/or for an adult use business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

10.    Entertainer means a person who performs some type of activity or poses with the intent of allowing others to witness that activity or pose.

11.    Escort means a person, who for consideration in any form, agrees or offers to act as a companion guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing, the performance of a dance or skit, or the providing of specified sexual activities for another person. Under this definition, "privately" shall mean a performance for an individual, or that individual’s guests.

12.    Escort Agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

13.    Establishment means and includes any of the following:

a.    the opening or commencement of any sexually oriented business as a new business;

b.    the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.    the location or relocation of any sexually oriented business.

14.    Licensee means the individual listed as an applicant on the application of a sexually oriented business license, or a person whose name a license to operate an adult use business has been issued.

15.    Licensing Officer means the Clerk of the City of Pontiac or his/her designee.

16.    Manager means an operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees, or is otherwise responsible for the operation of the sexually oriented business.

17.    Massage means the treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefore. For purposes of this Ordinance, the term "bodywork" shall mean massage.

18.    Myotherapy Establishment means any individual, group of individuals, person or business which engages in the practice of massage as defined herein, and which has a fixed place of business where any person, firm, association, partnership, limited liability company or corporation carries on any of the activities as defined herein. Myotherapy establishment shall also include, but not be limited to, a Turkish bath parlor, steam bath, sauna, magnetic healing institute, health club, health spa, or physical fitness club or business that offers massages on occasion or incidental to its principal operation, as well as an individual’s home where a person is engaged in the practice of massage for consideration. The definition of sexually oriented business shall not include the practice of massage in a licensed hospital, sanitarium, nursing home, medical clinic or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker and family counselor, who are licensed to practice their respective professions in the State of Michigan, or who are permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State of Michigan, clergymen, certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation.

19.    Nude Model Studio means any place where a person appears in a state of nudity or displays "specific anatomical areas", and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the State of Michigan.

20.    Operator means the owner, licensee, manager or person in charge of any premises.

21.    Peep Booth means an adult motion picture theater with a viewing room or cubical of less than one hundred fifty (150) square feet of floor space.

22.    Premises or Licensed Premises means any premises that requires a sexually oriented business license and that is classified as a sexually oriented business.

23.    Principal Owner means any person owning, directly or beneficially: a) ten percent (10%) or more of a corporation’s equity securities; b) ten percent (10%) or more of the membership interests in a limited liability company; or c) in the case of any other legal entity, ten percent (10%) or more of the ownership interests in the entity.

24.    Private Room means a room in a hotel/motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

25.    Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

26.    Sexual Encounter Center means a business or commercial enterprise that, as one (1) of its primary business purposes, offers a place where two (2) or more persons may congregate, associate or consort for the purpose of "sexually explicit activities" or the exposure of "specified anatomical areas" for any form of consideration, including, but not limited to:

a.    physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or

b.    activities when one or more of the persons is in a state of nudity or semi-nudity; or

c.    permits patrons to display or be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for recording or transmission over the World Wide Web or any other media.

27.    Sexually Explicit Activities means and includes any of the following:

a.    the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

b.    sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation or sodomy; or

c.    masturbation, actual or simulated; or

d.    any activity intended to arouse, appeal to or gratify a person’s lust, passions or sexual desires; or

e.    human genitals in a state of sexual stimulation, arousal or tumescence; or

f.    excretory function as part of or in connection with any of the activity set forth in (a) through (e) above.

28.    Sexually Oriented Business means an establishment that provides adult entertainment appealing to the sexual interests of its customers, including adult arcade, adult bookstore or adult video store, adult novelty or retail store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the internet, film, motion picture, videocassette, DVD, Blue-Ray or other similar photographic reproduction.

    "Sexually oriented" when used to describe film, motion picture, videocassette, DVD, slides, or other photographic reproductions shall mean film, movies, motion picture, videocassette, DVD, slides or other photographic reproductions that regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing "sexually explicit activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy or a myotherapy establishment.

29.    Specified Anatomical Areas means and includes any of the following:

a.    less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, or female breast or breasts of any portion thereof that is situated below a point immediately above the top of the areola, or any combination of the foregoing; or

b.    human genitals in a state of sexual arousal, even if opaquely and completely covered.

30.    Specified Criminal Acts means sexual crimes against children, sexual abuse, criminal sexual conduct, rape, crimes classified as sexual crimes by the State of Michigan or any other state, or crimes connected with another adult use business, including, but not limited to, the distribution of obscenity, prostitution and/or pandering.

31.    Significant or Substantial Portion means twenty-five percent (25%) or more of the term modified by such phrase.

32.    Substantial Enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists on the date of adoption of this ordinance.

33.    Tenant Space means a securable area separated from other area by walls and doors that are available for lease or rent within a multi-tenant building, such as tenant spaces typically found within a shopping mall or strip.

34.    Transfer of Ownership or Control of a sexually oriented business means and includes any of the following:

a.    the sale, lease or sublease of the business;

b.    the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

c.    the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

S.    Workshop/Showroom. Offices and showrooms for plumbers, electricians, decorators, contractors, or similar uses such as the repair or servicing of goods or products other than motor vehicles where goods or services associated with the service use are displayed, offered, or serviced. Goods offered for sale may be produced on the site.

(Ord. No. 2291, § 1(I), 6-27-13)

7.203 Industrial Uses.

A.    Automobile Service (Industrial). A facility conducting activities associated with the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment; paint and body work; major overhaul of engine or engine parts; vehicle impound or wrecking yard; and government vehicle maintenance facilities. This includes auto related uses not otherwise allowed within the automotive service use category listed under commercial uses.

B.    Heliport. A facility for the landing or take-off for rotorcraft which may include a passenger terminal and/or routine servicing of rotorcraft.

C.    Manufacturing, Fabrication and Processing (light). The finishing or processing of materials from premade or pre-structured materials or components, and where the operations create little or no noise, odor, vibration, glare, and air/water pollution. The operating characteristics of these uses create little or no impact on surrounding properties.

    This type of use includes uses or products in the following NAICS groups1:

1.    314 Textile Product Mills;

2.    315 Apparel Manufacturing;

3.    334 Computer and Electronic Product Manufacturing;

4.    339 Miscellaneous Manufacturing.

D.    Manufacturing, Fabrication and Processing (general). A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. These uses do not produce or use in large quantities as an integral part of the manufacturing process toxic, hazardous, or explosive materials. Because of the nature of its operations and products, little or no noise, odor, vibration, glare and/or air/water pollution is produced, and therefore, these uses have minimal impact on surrounding properties. or uses that qualify as Hazardous Group H occupancy uses under the Michigan Building Code. This definition includes all uses or products in the following NAICS groups1:

1.    311 Food Manufacturing (except 311223 Other Oilseed Processing, 311225 Fats and Oils Refining and Blending, 311311 Sugercane Mills, 311312 Cane Sugar Refining, 311313 Beet Sugar Manufacturing, 311611 Animal (except poultry) Slaughtering, 311613 Rendering and Meat Byproduct Processing, 311615 Poultry Processing, 311711 Seafood Canning, 311712 Fresh and Frozen Seafood Processing, 311942 Spice and Extract Manufacturing).

2.    312111 Soft Drink Manufacturing.

3.    312112 Bottled Water Manufacturing.

4.    313 Textile Mills.

5.    316 Leather and Allied Product Manufacturing.

6.    321 Wood Product Manufacturing (except 321114 Wood Preservation).

7.    322 Paper Manufacturing (except 32211 Pulp Mills, 322121 Paper (except newsprint) Mills, 322122 Newsprint Mills, and 32213 Paperboard Mills).

8.    323 Printing and Related Support Activities.

9.    326 Plastics and Rubber Products Manufacturing (except 326211 Tire Manufacturing).

10.    332 Fabricated Metal Product Manufacturing (except 332111 Iron and Steel Forging and 332112 Nonferrous Forging).

11.    333 Machinery Manufacturing.

12.    335 Electrical Equipment, Appliance, and Component Manufacturing.

13.    336 Transportation Equipment Manufacturing.

14.    337 Furniture and Related Product Manufacturing.

15.    511 Publishing Industries.

E.    Manufacturing and Processing (heavy). A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. These uses may produce or use in large quantities as an integral part of the manufacturing process toxic, hazardous, or explosive materials. Noise, odor, dust, vibration, glare, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties.

    This definition includes uses all uses or products in the following NAICS groups2:

1.    311 Food Manufacturing uses that are not included in General Manufacturing uses, including:

a.    311223 Other Oilseed Processing.

b.    311225 Fats and Oils Refining and Blending.

c.    311312 Cane Sugar Refining.

d.    311313 Beet Sugar Manufacturing.

e.    311611 Animal (except poultry) Slaughtering.

f.    311613 Rendering and Meat Byproduct Processing.

g.    311615 Poultry Processing, 311311 Sugercane Mills.

h.    311711 Seafood Canning.

i.    311712 Fresh and Frozen Seafood Processing.

j.    311942 Spice and Extract Manufacturing.

2.    312 Beverage and Tobacco Product Manufacturing.

3.    321114 Wood Preservation.

4.    322 Paper Manufacturing uses that are not considered General Manufacturing uses, including:

a.    32211 Pulp Mills.

b.    322121 Paper (except newsprint) Mills.

c.    322122 Newsprint Mills.

d.    32213 Paperboard Mills.

5.    324 Petroleum and Coal Products Manufacturing.

6.    325 Chemical Manufacturing.

7.    326211 Tire Manufacturing.

8.    327 Nonmetallic Mineral Product Manufacturing.

9.    331 Primary Metal Manufacturing.

10.    332111 Iron and Steel Forging.

11.    332112 Nonferrous Forging.

F.    Mini-Warehouse. A building or group of buildings containing separate storage spaces used for the storage of personal property.

G.    Outdoor Storage or Outdoor Yard (major). A use involving primarily the keeping of personal or business property or motor vehicles outside of a building, or a use where the use is characterized primarily by its outdoor component. Examples of such uses include, but are not limited to contractor’s supply yards, lumber yards, recreational vehicle storage yards, and commercial vehicle storage.

H.    Recycling Center. A facility at which recoverable resources such as newspapers, magazines, glass, metal, cans, plastic materials, tires, grass and leaves, and similar items (except mixed, unsorted municipal or medical waste) are collected, stored, flattened, crushed, bundled, or separated by grade or type; compacted baled, or packaged for shipment to others for the manufacture of new products.

I.    Recycling Plant or Scrap Processing. A facility at which recoverable resources such as newspapers, magazines, books and other paper products, glass, metal and aluminum cans, waste oil, iron and steel scrap, rubber, and/or other products are recycled and treated to return such products to a condition in which they may again be used for production. This definition includes, but is not limited to SIC group 5093 Scrap and waste materials.

J.    Research Facility (general). A facility for research and development of technical, medical, biological, or other similar fields or products that does not involve the use of animal husbandry, incinerators, heavy equipment, mass manufacturing, fabrication, processing, or the sale of products.

K.    Research Facility (major). A facility for research and development of technical, medical, biological, or other similar fields or products that may involve the use of animal husbandry, incinerators, heavy equipment, mass manufacturing, fabrication, or processing.

L.    Salvage Yards/Resource Recovery Facilities/Junk Yards. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Examples of such uses include but are not limited to automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used equipment in operable condition or used or salvageable materials as part of manufacturing operations.

M.    Service and Repair (industrial). Establishments primarily engaged in providing services to commercial and business establishments. Operations may include large-scale facilities, and including but not limited to building maintenance services, laundry or dry cleaning plants, equipment rental and leasing, refrigeration service and repair, welding repair, armature rewinding shops, and the like.

N.    Terminal, Public Transportation. Facilities associated with local or regional transit operations, including parking areas, stations, and associated uses.

O.    Terminal, Freight. Facilities for handling freight, with or without storage and maintenance facilities. Examples of such uses include, but are not limited to trucking and courier services, trucking terminal facilities, railroad terminal facilities, and the like.

P.    Wholesale Storage/Distribution (nontoxic, nonhazardous). Establishments primarily engaged in selling durable and nondurable goods to retailers; industrial, commercial, institutional, farm, building trade contractors, or professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots. Operations with more than 25 percent of sales to retail customers are considered a retail use, and shall be located in an appropriate zone.

    This definition includes, but is not limited to all uses or products in the following SIC groups:

1.    502 Furniture and home furnishings.

2.    503 Lumber and construction materials.

3.    504 Professional and commercial equipment.

4.    506 Electrical goods.

5.    507 Hardware, plumbing, and heating equipment.

6.    509 Miscellaneous durable goods (except 5093 scrap and waste materials).

7.    511 Paper and paper products.

8.    512 Drugs, proprietary’s, and sundries.

9.    513 Apparel, piece goods, and notions.

10.    514 Groceries and related products.

11.    518 Beer, wine, and distilled beverages.

12.    519 Miscellaneous durable goods (except 5091 Farm supplies).

13.    The sale at wholesale and/or storage of nontoxic, nonhazardous materials as determined by the fire department.

Q.    Wholesale Storage/Distribution (toxic or hazardous materials). Establishments primarily engaged in selling durable and nondurable goods to retailers; industrial, commercial, institutional, farm, building trade contractors, or professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots. Operations with more than 25 percent of sales to retail customers are considered a retail use, and shall be located in an appropriate zone. This definition includes, but is not limited to all uses or products in the following SIC groups:

1.    501 Motor vehicles, parts, and supplies (except 5015 motor vehicle parts).

2.    505 Metals and minerals, except petroleum.

3.    508 Machinery, equipment, and supplies.

4.    515 Farm product raw materials.

5.    516 Chemicals and allied products.

6.    5191 Farm supplies.

7.    The sale at wholesale and/or storage of toxic or hazardous materials as determined by the fire department.

7.204 Community, Institutional, and Educational Uses.

A.    Assisted Living Facility. A facility providing responsible adult supervision or assistance with activities of daily living in instances where the individual’s condition necessitates that supervision or assistance.

B.    Cemetery. Land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbarium, mausoleums and mortuaries.

C.    Community Center Building. A building that is controlled by and for the primary use of residents living in the residential development or neighborhood in which it is located and serves.

D.    Community Service Facility. A privately or publicly operated facility for the benefit of and service to the general public or individual persons. Community service facilities include:

1.    Shelters providing temporary housing for abused individuals or the homeless.

2.    Halfway Houses which provide assistance to emotionally or mentally disturbed persons, or temporary lodging for persons readjusting to society following a period of imprisonment, hospitalization, or institutionalized treatment.

3.    Substance Abuse Rehabilitation Centers. Facilities that provide drug or alcohol rehabilitation. Such uses must hold a Substance Abuse License (or its successor license) issued by the State of Michigan Department of Community Health (or its successor department).

4.    Adult foster care facilities are in some cases similar to community service facilities. If a facility is licensed pursuant to Michigan Public Act 218 of 1979 (as amended), and falls under the definition of one of the types of State Licensed Residential Facility as defined in this Ordinance, the use shall be regulated as a State Licensed Residential Facility. If it is not licensed by PA 218 of 1979, it shall be regulated as a community service facility.

E.    Crematorium. A facility consisting of one or more cremator furnaces or cremation retorts for the ashes. A crematorium may be an accessory use to a funeral home or veterinary clinic, or part of an independent facility or a service offered by a cemetery.

F.    Cultural or Municipal Use. A public or private non-profit facility for the benefit of and service to the general public, including, but not limited to cultural facilities such as libraries or museums, police and fire stations, and municipal and government uses.

G.    Hospital. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the health department and the state, and that is used for primarily inpatient services. Hospitals may include related facilities such as laboratories, outpatient departments, central service facilities, and staff offices.

H.    Nursing Home. A home for the care of children, the aged, the infirm, or a place of rest for persons suffering serious bodily disorders, wherein two (2) or more persons are cared for. A convalescent or nursing home is subject to the licensing requirements of applicable State laws (Public Act 139 of 1956, as amended).

I.    Private Club, Fraternal Organization, or Lodge Hall. A membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests.

J.    Public Parking Lot/Structure. A publicly owned, or privately owned for-profit parking facility available to the general public for parking motor vehicles, including both parking lots and parking structures.

K.    Religious Institution. A facility used for regular organized religious worship and related activities, including living quarters for church ministry or other members of the religious order who carry out their duties primarily on the site, religious education classes, and limited recreation facilities.

L.    School, College or University. A facility for post-secondary education that grants associate, bachelor, master, or doctoral degrees and that may include research functions or professional schools.

M.    School, Primary or Secondary. A facility offering instruction at the pre-school to high school level.

N.    School, Vocational. A facility offering instruction or training in trades or occupations such as secretarial, paralegal, business, beauty, barber, bartender, acupuncture, massage, design, or other similar vocations. This classification excludes training and education in any activity that is not otherwise permitted in the zoning district.

O.    Utility (minor). The erection, construction, alteration or maintenance by public utilities or municipal departments which are necessary for the furnishing of adequate services by such utilities or municipal departments for the general health, safety or welfare., and that include underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, buildings with a footprint of less than 990 square feet, and similar equipment in connection therewith, but not including outdoor storage yards or substations.

P.    Utility (major). The erection, construction, alteration or maintenance by public utilities or municipal departments of any utility facility that includes utility buildings with a footprint greater than 990 square feet, substations, and storage yards.

7.205 Recreation Uses.

A.    Golf Course. A tract of land for playing or practicing golf, typically improved with trees, greens, fairways, hazards, and which may include clubhouses, shelters, and practice facilities including driving ranges.

B.    Private Recreation (small indoor). Small scale entertainment and recreation uses that do not require large areas such as arcades, billiards halls, bowling alleys, and similar uses. The floor plate for small indoor private recreation uses should not exceed 30,000 square feet, and the maximum occupancy should not exceed 150 persons.

C.    Private Recreation (large indoor). Large scale indoor recreation uses that require large areas or facilities for activities such as soccer, hockey, tennis, swimming, or other similar uses that require floor plates greater than 30,000 square feet or have maximum occupancies greater than 150 persons.

D.    Private Recreation (small outdoor). Small-scale for-profit outdoor recreation uses that cover two acres or less. Typical uses may include miniature golf, swimming pools, tennis courts, volleyball courts, and similar uses.

E.    Private Recreation (large outdoor). Large-scale for-profit outdoor recreation uses that cover more than two acres. Typical uses may include soccer, baseball, go-cart tracks, batting cages, golf driving ranges (not associated with a golf course), amusement parks, and similar uses.

F.    Park or Recreation Facility. An open area designed for the active and/or passive use of the general public and which may or may not contain playground or exercise facilities and equipment. Parks or recreation facilities may be privately owned, so long as they are not operated as a for-profit enterprise.

7.206 Animal and Agricultural Uses.

A.    Agriculture, Urban. The growing of food crops through plant cultivation for sale to or consumption be persons other than the cultivators of the plot. Urban agriculture does not include animal husbandry activities, but may include accessory uses such as greenhouses or storage sheds that have lot coverage of 10% or less.

B.    Bee Keeping. The keeping of bees as a source of income.

C.    Gardening and Cultivating of Plants (including Community Gardens). The raising of plants for consumption or enjoyment by the owner of the lot upon which they occur, or the cultivators of the community garden plot, excluding the keeping of animals, fowl, or bees.

D.    Greenhouse or Nursery. A building whose roof and sides are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. As defined in this section, a greenhouse or nursery is a principal use when the greenhouse or nursery includes retail sales on the site, or when the total area of greenhouses or buildings involved in the nursery use have lot coverage of greater than 10%.

E.    Keeping of Household Animals or Pets. The keeping of ordinary household animals or pets within the dwelling or accessory building.

F.    Kennels. The breeding or raising of three or more dogs, cats, or other household pets of three months age or older 1) not owned by the owner or occupant of the premises or 2) for commercial gain.

G.    Pet Boarding Facility. A business for the temporary boarding and care of common household pets. Boarding generally occurs during daytime hours, but may include overnight boarding. Pet boarding facilities may provide related services such as retail sales, grooming, or training, but no animals may be bred or sold at a pet boarding facility.

H.    Veterinary Hospital or Clinic. A place for the care, diagnosis, and treatment of sick or injured animals. A veterinary clinic may include customary pens or cages within the walls of the clinic structure.

7.207 Accessory, Temporary and Other Uses.

A.    Accessory Building or Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, and that is intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot or parcel as the principal use to which it is exclusively related.

B.    Boarders or Roomers (up to 2 per d.u.). A person who regularly receives lodging with or without meals at another’s home in exchange for pay or services.

C.    Drive-Through Facility (accessory to any principal use). A business establishment so developed that its retail or service character includes a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, or to provide self-service for patrons and food carryout.

D.    Helipad. A landing and take-off area for rotorcraft that is associated with a principal use.

E.    Home Occupation. An occupation or profession customarily carried on by the occupant of a dwelling unit at the dwelling as a secondary use that is clearly subservient to the use of the dwelling for residential purposes.

F.    Outdoor Dining (sidewalk or patio). Areas located outdoors in the open air or under canopies that are open to the elements where food or drinks are served to patrons. Outdoor dining may occur on a public sidewalk, or on a patio, deck, rooftop, or other similar location located on private property.

G.    Outdoor Retail Sales (accessory to a permitted use). Outdoor display or sales of goods that are accessory to a principal use that do not exceed one square foot of sales or display area for every five square feet of indoor sales or display area.

H.    Outdoor Retail Sales (temporary or seasonal). Short-term outdoor sales of goods or products. Such sales events may include special sidewalk sales for retail businesses, or seasonal sales events such as but not limited to farmers’ markets, roadside stands, or Christmas tree sales.

I.    Outdoor Storage (accessory). Outdoor storage areas for commercial vehicles, equipment, or materials that are accessory to a principal use, and that do not exceed 20% of the floor area devoted to the principal use.

J.    Sustainable Energy Generation.

1.    Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to reduce on-site consumption of utility power.

2.    Solar Energy System. A cell, panel, or array that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, including any energy storage devices.

3.    Utility Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to provide wholesale or retail energy to the electric utility grid.

K.    Temporary and Special Event. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time that does not involve the construction or alteration of any permanent structure.

L.    Temporary Construction Facilities. Temporary buildings and structures used during periods of construction.

M.    Wireless Telecommunication Facilities. Wireless telecommunication support facilities and antennas.

N.    Mobile Food Vehicle Vendors. A stand, trailer, wagon, or vehicle where patrons may purchase food, drink, or retail merchandise.

(Ord. No. 2317, § 1, 3-17-14)


1

See: http://www.census.gov/eos/www/naics/index.html for detailed descriptions of all of the NAICS categories referenced in the above definitions.


2

See: http://www.census.gov/eos/www/naics/index.html for detailed descriptions of all of the NAICS categories referenced in the above definitions.