CONTENTS

ARTICLE XVI - DEFINITIONS

16.1. DEFINITIONS

For the purpose of this Ordinance, terms and words are defined as follows:

Access - Any driveway, street or other means of providing for the movement of vehicles to and from property to a roadway.

Accommodations and Food Services – Uses listed in Sector 72 of the North American Industry Classification System of 1997.

Accessory Building or Structure – A structure that is customarily incidental and subordinate to the principal building and located on the same lot as and spatially separated from the principal building.

Accessory Apartment – A complete, separate dwelling unit that has a separate kitchen (sink, stove, refrigerator) and a separate bathroom (sink, toilet, shower stall), which is located in the main dwelling unit.

Accessory Dwelling Unit – An incidental and subordinate dwelling unit which provides living quarters for one (1) individual or a family that is on the same lot, but is separate from the primary dwelling unit and contains, but is not limited to, a kitchen, bathroom, and sleeping quarters.

Accessory Use – A use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

Administrative and Support Services – Uses listed in Sector 56 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Adult Foster Care – A state licensed residential facility as defined by MCLA 125.583b; MSA 5.2933 (2) that is used for the care and supervision of six (6) or fewer persons under 24 hour supervision but excluding persons released from or assigned to adult correction institutions.

Alley – A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alternative Access - A means of access that is not directly to the highway including frontage roads, backage roads and access to existing or proposed roads other than the highway.

Ambulatory Health Care Services - Health care services that are provided directly or indirectly to ambulatory patients.

Antenna – An exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

Apartment -A unit with one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three (3) or more dwelling units.

Arts, Entertainment and Recreation Sales and Services – Uses listed in Sector 71 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Backage Road - An alternative roadway which generally runs parallel to and behind the development that fronts on a highway.

Balcony- A railed elevated platform projecting from the wall of a building.

Basement – That portion of the building that is partly underground and which has more than 50% of its floor to ceiling height below ground level.

Bed and Breakfast – A private home that is occupied by a resident family which provides short term lodging for tourists and guests and features a highly personalized service and a full breakfast.

Boarding Home – A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.

Buffer Yard – A required setback area from a street or property line that is designed for the exclusive purpose of buffering nonresidential uses from residential uses and public streets by means of landscaping and the use of other buffering materials.

Building – A structure either temporary or permanent, having a roof supported by columns and walls.

Building Height - The vertical distance measured from the mean elevation of the natural ground at the front of the building to the highest point of the roof.

Building Inspector - The administrator of the building, housing, plumbing, electrical or other codes that have been adopted by the Village or County.

Colocate/Colocation - The location by two or more wireless telecommunication providers of wireless telecommunication facilities on a common structure, tower or building with the intent of reducing the overall number of structures required in the community.

Commercial Daycare Facility – A private establishment enrolling four (4) or more children for less than 24 hours a day, and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center.

Condominium Subdivision - Any development undertaken under the provisions of the Michigan Condominium Act, Act 59 of Public Acts of 1978 as amended, or any other act of the Legislature of the State of Michigan providing for the development of property under joint or concurrent ownership.

Deck- An open, unroofed porch or platform extending from a house or other building.

District – Districts as used herein is synonymous with the word “zones” or “zoning districts."

Dormitory- A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, or other similar institutional use.

Drive-thru Business – A business that by design, physical facilities or service permits customers to receive goods or services while remaining in their motor vehicles.

Driveway - An access via a curb cut that permits vehicle access to a road or alley.

Dwelling – Any building, or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, Multiple – A building located on one lot and designed for or occupied by three or more families living independently of each other.

Dwelling, Single family – A detached building containing one dwelling unit and designed for occupancy by only one family.

Dwelling, Two-family – A building designed for or occupied by two families living independently of each other.

Dwelling Unit – A building or portion thereof, designed for permanent residential occupancy by one family.

Dwelling, Standard – A dwelling unit that meets the following requirements:

a. The dwelling complies with the minimum square footage and performance requirements for the district within which located;

b. The dwelling complies in all respects with the Michigan State Construction Code as promulgated by the State Construction Commission in accordance with Act 230 of the Public Acts of 1972, as amended;

c. The dwelling is firmly attached to a permanent foundation constructed on the site in accordance with the County building code;

d. The dwelling is compatible in design and appearance with other residences in the vicinity including either a roof overhang of not less than six inches on all sides or alternately with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; and has not less than two exterior doors with the second one located in either the rear or side wall of the dwelling;

e. The dwelling has no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein;

f. The dwelling complies with all pertinent building and fire codes;

g. The forgoing standards do not apply to a mobile home located in a licensed mobile home development except to the extent required by state or federal law or otherwise specifically required by the Township pertaining to such parks.

Educational Institutions - A school for kindergarden through twelfth grade or any college or university authorized by the State to award degrees.

Educational Services – Uses listed in Sector 61 of the North American Industry Classification System of 1997.

Essential Services – The installation, construction, alteration or maintenance by public utilities or governmental agencies of underground, surface or overhead communication, telephone, electrical, gas, water distribution, sewage collection, streets, alleys, sidewalks or trails including pavement, traffic control devices, signs, poles, wires, mains, drains, sewers, pipes, conduits, cables, padmount transformers, fire alarm and police call boxes, traffic signals, hydrants, and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or government agency for the general public health, safety, convenience or welfare and including structures 800 cubic feet or less which are enclosures or shelters for service equipment. Telecommunications towers or facilities, alternative tower structures and wireless communication antennae are not included within this definition.

FAA - means the Federal Aviation Administration

FCC - means the Federal Communications Commission.

Family – A group of individuals related by blood, marriage, adoption, or guardianship living together in a dwelling unit. Or a collective number of unrelated individuals living together in one dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. This definition shall not include rooming or boarding houses or any society, club, fraternity, sorority, association, lodge, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Family Day Care Home- a private home in which one (1) but fewer than seven (7) 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 Daycare Home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.

Financial Institutions - A business managing funds on deposit for its customers and/or lending funds to borrowers. This includes, but is not limited to, banks, savings and loan institutions, credit unions, stock and bond brokerages, and insurance agencies.

Floor Area – The area of a floor computed by measuring the exterior faces of the exterior walls of a building.

Front Lot Line - A line that divides a lot from the road right-of-way providing access to the lot. This definition does not apply to alleys.

Garage – A detached accessory building or portion of the main building which is used for the parking of automobiles, boats, and such other vehicles as may be used by the occupants of the building to which it is accessory.

Group Housing- A nonprofit or for-profit boarding home for the sheltered care of person with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.

Group Day Care -A private home in which more than six (6) but not more than twelve (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 Day Care Home includes a home that give care to an unrelated minor child for more than four (4) weeks during a calendar.

Guesthouse – An incidental and subordinate dwelling unit that is separate from the principal dwelling unit and is used for housing guests. It may have separate a kitchen, bathroom, and sleeping quarters.

Health Care and Social Assistance – Uses listed in Sector 62 of the North American Industry Classification System of 1997.

High Water Mark - The place where the Court established water level meets a parcel of land. When Crystal Lake has two levels, it is the higher of the two.

Highway - This word shall apply specifically to US-31.

Home-Based Business – An accessory use of a dwelling unit for business purposes.

Hospitals - Uses listed in Sector 62 of the North American Industry Classification System of 1997.

Hotel – A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

Housing for Elderly- A nonprofit or for-profit boarding home for the sheltered care of an aged person with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.

Impervious Area – The amount of land permitted to be covered by buildings, structures, paving, or any other material that prevents, impedes, or slows infiltration or absorption of storm water directly into the ground at a rate of absorption of vegetation bearing soils.

Information Services – Uses listed in Sector 51 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Kennel – A facility where more than a total of four (4) dogs or cats (or a combination of dogs and cats) over four (4) months old are kept, housed, or boarded on a single parcel.

Light Manufacturing – The production, assembly, processing, compounding, packaging and storage of semi-finished or finished products from previously prepared materials.

Lot – A parcel of land occupied or intended for occupancy by a use permitted by this Ordinance, including one principal building together with accessory buildings, open spaces and parking areas required by this Ordinance and having its principal frontage on a street or on an approved private street.

Lot, Corner – A lot which has at least two contiguous sides abutting on and at the intersection of two or more streets which streets intersect at an angle of less than 135 degrees.

Lot Coverage - That portion of a lot, that is covered by buildings. This shall include porches, arbors, breezeways, patios, garages, houses, and all accessory buildings.

Lot, Interior – A lot other than a corner lot.

Lot of Record –A lot which was recorded in the Office of the Register of Deeds in Benzie County on the effective date of this Ordinance or a lot described by metes and bounds, the deed or land contract, or land contract memoranda, which has been recorded in the Office of Registered of Deeds in Benzie County on the effective date of this Ordinance.

Lot Line – The boundary line between two lots. In the case of property abutting a street or alley, the right-of-way line.

Lot Width – The horizontal distance between side lot lines measured at the required front setback.

Management of Companies and Enterprises – Uses listed in Sector 55 of the North American Industry Classification System of 1997.

Marina - An establishment engaged in the docking and storage, with or without one or more related activities, such as the retail sales of fuel and marine supplies; and the repair, maintenance, and rental of pleasure boats.

Medical Clinic – An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight.

Mobile Home – A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Mobile Home Development – A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

Motel – An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Nonconforming Use – A use legally existing at the time of adoption of this Ordinance which does not meet the use requirements of the district within which located.

Nonconforming Structure – A structure legally existing at the time of adoption of this Ordinance that does not meet the dimensional requirements of the district within which located.

North American Industry Classification System of 1997 - An industry classification system that groups establishments into industries based on the activities in which they are primarily engaged.

Nursery School – A pre-kindergarden school for children aged three to five years old.

Nursing and Residential Care Facilities - Establishments that provide residential care combined with either nursing, supervisory, or other types of care as required by the residents.

Offices, Business – A building or portion of a building where services are performed of an administrative nature including such uses as insurance, real estate and financial services offices.

Offices, Professional – A building or portion of a building where services are performed of a professional nature including architectural, engineering, accounting, and similar professional service offices.

Ordinary High Water Mark - The boundary of lakes and streams which elevation shall be the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Outdoor Sales – The display and sale of merchandise beyond the perimeter of a building.

Owner – A person having an ownership interest in premises regardless of whether such deed or land contract is recorded.

Pedestrian Scale – the design and construction considerations based upon the scale of a human being which imbue occupants and users of the built environment with a sense of comfort and security.

Person – An individual, partnership, association, trust or corporation, or any other legal entity or combination thereof.

Personal and Laundry Services – Uses listed in Subsector 812 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Porch- A roofed open area, which may be screened, that is attached to the structure.

Principal Use – The main use of the property as distinguished from an accessory use.

Private Household Services - Uses listed in Subsector 814 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Professional, Scientific and Technical Services – Uses listed in Sector 54 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Public Administration Services – Uses listed in Sector 92 of the North American Industry Classification System of 1997.

Real Estate Rental and Leasing – Uses listed in Sector 53 of the North American Industry Classification System of 1997.

Religious Institution – A building where persons primarily and regularly assemble for religious worship that is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose.

Rental Cabins – A centrally managed facility that provides lodging for overnight guests in separate dwelling units and is not be used for long-term residency beyond one hundred and eighty (180) days.

Renter – A person who rents a property for a time period

Repair and Maintenance Services - Uses listed in Subsector 811 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Resort – A facility for transient guests where the primary attraction is generally recreational features or activities.

Retail Trade Establishments – Uses listed in Sectors 44 and 45 of the North American Industry Classification System of 1997, subject to the specific exclusions noted within each district.

Right-of-Way – A public or private street, alley or easement permanently established for the passage of persons or vehicles.

Right-of-Way Line – The edge of the right-of-way.

Setback – The minimum distance required between a lot line and a structure.

SEV- The State Equalized Valuation of a property.

Shared Access - A method whereby adjoining property owners shares a common access. These accesses are generally located at the common property line but may be located entirely on one property with access to another property by easement or other access agreement.

Small Retail Establishment – A retail establishment having a gross-floor area of less than 2,500 square feet.

Street – A public or private way that is permanently established for the passage of vehicles.

Streetwall- A straight line approximately parallel to the street right-of-way established by the projection of the front buildings walls of the buildings, within a Village block, closest to the street right-of-way.

Story - A level of occupancy. One story equals one dwelling level, exclusive of the basement.

Structure – Anything constructed or erected which is permanently located on or above the ground including buildings, fences, signs, parking lots, and similar structures.

Substandard Lot – A lot or parcel of record at the time of adoption of this Ordinance which does not meet the lot area or width requirements of the district within which located.

Telecommunications Tower – Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar

communications purposes, including self-supporting lattice and monopole towers and guyed towers. The term includes such as radio and television transmission towers, microwave towers, common-carrier towers and cellular telephone towers. Not included in this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (HAM) radio facilities; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Technical and Trade Schools - This industry comprises establishments primarily engaged in offering vocational and technical training in a variety of technical subjects and trades. The training often leads to job-specific certification.

Testing Laboratories - This industry comprises establishments primarily engaged in performing physical, chemical, and other analytical testing services, such as acoustics or vibration testing, assaying, biological testing (except medical and veterinary), calibration testing, electrical and electronic testing, geotechnical testing, mechanical testing, nondestructive testing, or thermal testing. Testing may occur in a laboratory or on-site.

Warehousing – A building used primarily for the storage of goods and materials.

Wholesale Trade Establishments - Uses listed in Sector 42 of the North American Industry Classification System of 1997.

Yard – An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, Front – All land extending across the width of the property and lying between the building and the front lot line. The front yard for a corner lot shall be the narrowest dimension on a street.

Yard, Interior Side – A yard extending between the side lot line and the nearest line of the building extending from the front yard to the rear yard.

Yard, Rear – All land extending across the width of the property and lying between the building and the rear lot line.

Yard, Street Side – A yard between the side lot line that is adjacent to a street and the nearest line of the building extending from the front yard to the rear yard.

Zoning Administrator – The administrator of this Ordinance, appointed by the Village of Beulah.

Zoning Permit – A standard form issued by the Zoning Administrator, upon application and declaration by the owner or his or her duly authorized agent, granting approval for the construction or use for which an application was made.