§ 3.02. Definitions.

Abandonment. An action to give up one's rights or interests in property.

Accessory Building or Use. An "accessory building or use" is one which:

a.

Is subordinate to and serves a principal building or principal use;

b.

Is subordinate in area, extent or purpose to the principal building or principal use served;

c.

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and

d.

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

An "accessory" use includes, but is not limited to, the following:

a.

A children's playhouse, garden house and private greenhouse;

b.

A shed, garage or building for domestic storage;

c.

Incinerators incidental to residential use;

d.

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

e.

Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;

f.

A non-paying guest house or rooms for guests within an "accessory building," provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others as housekeeping units;

g.

Servant's quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupants of the principal dwelling;

h.

Swimming pool, private, for use by the occupant and his guests;

i.

Off-street motor car parking areas, and loading and unloading facilities;

j.

Signs (other than advertising signs) as permitted and regulated in each district incorporated herein;

k.

Carports;

l.

Public utility facilities—telephone, electric, gas, water and sewer lines, their supports and incidental equipment;

m.

Satellite dishes, towers, and other similar structures; provided, however, that with respect to radio and television towers, the height may be up to 60 feet, exclusive of any antenna mounted thereon. (Ord. No. 88-O-039, § 1, 10-2-85; Ord. No. 89-O-045, § 1, 11-6-89)

Acreage. Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.

Airport (Landing Field or Heliport). Any area of land which is used, or intended for use, for the landing and taking off of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

Alley. A public way, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property.

Alteration, Structural. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Animal Hospital. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Apartment Hotel. See Hotel, Apartment.

Apartment House. See Dwelling, Multiple-Family.

Auditorium. A room, hall or building made a part of a church, theatre, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

Automobile and Trailer Sales Area. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile Laundry. A building or portion thereof where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning device.

Automobile Repair, Major. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.

Automobile Repair, Minor. Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major."

Automobile Service Station. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).

Automobile Wrecking Yard. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles of [or] merchandise.

Awning. A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

Banks and Financial Institutions. Commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.

Basement. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

Billboard. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.

Block. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

Boarding House. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, who are not members of the keeper's family.

Borrow Pit. Any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

Buildable Area. The space remaining on a zoning lot after the minimum open space requirements have been complied with.

Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.

Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures, are not considered as buildings.

Building, Completely Enclosed. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building, Detached. A building surrounded by open space on the same zoning lot.

Building Height. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building Line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

Building, Non-Conforming. Any building which does not conform to the regulations herein prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.

Building, Principal. A non-accessory building in which the principal use of the zoning lot on which it is located, is conducted.

Building Setback Line. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.

Building, Temporary. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

a.

Size and height of buildings;

b.

Location of exterior walls at all levels in relation to lot lines, streets, or other buildings;

c.

Gross floor area of buildings in relation to lot area (floor area ratio);

d.

All open spaces allocated to the building;

e.

Amount of lot area per dwelling unit;

f.

Required parking areas.

Bus Lots. Any lot or land area used for the storage or layover of passenger buses or motor coaches.

Business and Professional Office. The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

Carport. A roofed-over area attached to the principal building for vehicle storage, which may be open on three sides.

Cellar. A story having more than one-half (½) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

Clinic or Medical Health Center. A medical center or medical clinic is an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, X-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.

Club or Lodge, Private. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to the members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and county laws and city ordinances.

Cluster Subdivision. A land subdivision with a majority of the individual building sites abutting directly on parks or other common open space.

Court, Outer. An open, unoccupied space opening onto a street, alley or yard.

Curb Level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the main level of the land immediately adjacent to the building shall be considered the "curb level."

Decibel. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels."

District. A section of the City of Pontiac and all contiguous territory not more than one and one-half (1½) miles beyond the corporate limits for which uniform regulations governing the use, size and intensity of use of land and buildings, and open spaces about buildings, are established by this ordinance.

Dwelling. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.

Dwelling, Attached. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, Detached. A dwelling which is entirely surrounded by open space on the same lot, and is not connected to any other dwelling unit by roof, walls or porches.

Dwelling, Group. Two or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.

Dwelling, Multiple-Family. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

Dwelling, One-Family. A dwelling unit designed exclusively for use and occupancy by one family.

Dwelling, Row (Party Wall). A row of two to eight attached one-family, party-wall dwellings, not more than two and one-half stories in height nor more than two rooms in depth, measured from the building line.

Dwelling, Two-Family. A building designed or altered to provide dwelling units for occupancy by two families.

Dwelling Unit. One or more rooms in a residential structure which are arranged, designed, used or intended to be used by one family, plus not more than four lodgers, for living or sleeping purposes, and which include complete kitchen facilities permanently installed.

Educational Institution. Public, parochial, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

Efficiency Unit. A dwelling unit consisting of one principal room for living, sleeping and eating, plus facilities for cooking and a complete bath and toilet facilities.

Family. One or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household but not including sororities, fraternities or other similar organizations.

Family Residential-Care Home. A single housekeeping unit of 4 or fewer persons receiving care in a family-like atmosphere. Oversight and supervisory personnel and their families may reside on the premises in addition to this number. (Ord. No. 88-O-010, § 1, 3-21-88)

Floor Area, Gross (For the Purpose of Determining Floor Area Ratio). The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings—measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor area" shall include:

a.

Basement space if at least one-half of the basement story height is above the established curb or ground level;

b.

Elevator shafts and stairwells at each floor;

c.

Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet; except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers;

d.

Attic floor space where the structural headroom exceeds seven and one-half feet;

e.

Interior balconies and mezzanines;

f.

Enclosed porches, but not terraces and breezeways;

g.

Accessory buildings.

Floor Area, Gross (For the Purpose of Determining Requirements for Off-Street Parking and Off-Street Loading). The floor area shall mean the sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

However, floor area for the purpose of measurement of off-street parking spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking spaces:

a.

Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space;

b.

Basement floor area other than area devoted to retailing or service activities, or the production or processing of goods, or to business or professional offices.

Floor Area Ratio (F.A.R.). The total floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development by the net site area.

Frequency. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.

Frontage. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway or other similar barrier.

Garage, Bus. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.

Garage, Private. Any accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident on the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed one and one-half tons.

Garage, Public. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half tons capacity.

Garage, Truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.

Golf Course. Public, semi-public, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty acres for each standard nine-hole course, and twenty-five acres for each nine-hole "par 3" course.

Grade, Street. The elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this section.

Group Residential-Care Home. A single housekeeping unit of 5 to 15 persons receiving care and shelter in a family-like atmosphere. Oversight and supervisory personnel and their families may reside on the premises in addition to this number. (Ord. No. 88-O-010, § 1, 3-21-88)

Guest House. Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

Home occupation. Any occupation, business, profession, vocation, avocation, or other activity engaged in for income or profit, conducted by any occupant of any residential property situated in a residential zoning district, which business use meets all of the following requirements:

(1)

The business use engaged in does not alter the residential character of the residential area in which the subject property is situated.

(2)

The business use is not apparent from the exterior appearance of the residential property.

(3)

The business use does not cause apparent traffic and parking congestion in residential areas.

(4)

There is no exterior signage with respect to the business use.

(5)

All advertising with respect to the business use is of such a nature so as not to invite or attract walk-in clients or customers.

(6)

The business use shall not be of a nature that contemplates or attracts walk-in customers or clients.

(7)

All business conducted on the premises shall [be] by appointment or invitation only.

(8)

There will be no more than three (3) customers or clients of the business use at the residence at any time.

(9)

All supplies, vehicles, merchandise, equipment, inventory and other property related to the business use shall be stored entirely within an enclosed building, and all business activity shall be conducted entirely within an enclosed building; for the purposes hereof, the enclosed building shall be either the residential building or an accessory structure otherwise permitted within the residential zoning district in which the property is located.

(10)

No vehicles or other transportation equipment used in connection with the business use shall be parked on the property other than in an enclosed building or on the public street or right-of-way, other than automobiles, pickup trucks and other similar vehicles having as their primary use transportation of persons.

(11)

The business use is subordinate to the use of the premises for residential purposes and residential use remains the primary use of the premises.

(12)

The owner of the business, or an immediate family member of the owner of the business, must reside in the affected residence. In the case of partnerships, corporations or other similar business entities, all of the parties having ownership interests in any of said entities, or their immediate family members, shall reside in the affected residence.

Garage sales, retail sale parties and other similar functions held at a residence shall not constitute a home occupation and shall be permitted under this ordinance as incidental to a residential use, provided that said activity is not conducted for more than six (6) calendar days during any calendar year, which may be, but need not be, consecutive.

All business uses which do not satisfy the requirements set forth above for home occupations shall not be permitted in any residential district. (Ord. No. 96-O-001, § 1, 2-19-96)

Hotel, Apartment. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests.

Hotel, Motel, Inn or Auto Court. An establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, [and] restaurants, including the sale of alcoholic beverages.

Junk Yard. An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel, Commercial. Any lot or premises or portion thereof on which more than four dogs, cats and other household domestic animals over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.

Laboratory, Commercial. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

Loading and Unloading Space or Berth, Off-Street. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty-five feet in length, and fourteen feet in height, exclusive of access aisles and maneuvering space.

Lodging or Rooming House. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.

Lot. A parcel of land legally described as a distinct portion or piece of land of record.

Lot Area. The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.

Lot of Record. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.

Lot, Corner. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

Lot Depth. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

Lot Frontage. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.

Lot, Interior. A lot other than a corner or reversed corner lot.

Lot Line. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot Line, Front. The front property line of a zoning lot.

Lot Line, Interior. A side lot line common with another lot.

Lot Line, Rear. The lot line or lot lines most nearly parallel to and most remote from the front lot lines.

Lot Line, Side. Lot lines other than front or rear lot lines are side lot lines.

Lot, Reversed Corner. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, Through. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

Lot Width. The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.

Manufacture. The production, making or processing of products or commodities for general consumption by the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrication, or processing of parts or components for use in other products or commodities.

Marquee or Canopy. A rooflike structure of a permanent nature which projects from the wall of a building and may overhang the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Mobile Home. Any trailer, as defined herein, used for residential purposes, but not including sports or camping trailers.

Mobile Home Camp or Park. Any premises occupied or designed to accommodate one or more families living in a mobile home.

Motel. See "Hotel."

Motor Freight Terminal. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Nameplate. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

Net Site Area. The area of a zoning lot, parcel or tract, excluding boundary rights-of-way.

Non-Conforming Use. Any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the ordinance or amendments thereto, which does not conform after the passage of the ordinance or amendments thereto with the use regulations of the ordinance.

Noxious Matter. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

Nursery. A building or portion thereof used for the care for compensation of four or more children under the age of 6 years old, for periods of more than 4 hours, but not exceeding 24 hours.

Nursing Home or Rest Home. A commercial establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Occupancy Certificate. A certificate issued by the Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordinance.

Octave Band. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave Bank [Band] Filter. An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American Standard for Sound Level Meters, A.S.A. No. 224.3-1944).

Open Sales Lot. A lot or parcel used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.

Ordinance. Reference to "ordinance" shall be construed as the Pontiac Zoning Ordinance.

Parking Area, Private. An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking Area, Public. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking Space, Automobile. Space within a public or private parking area of not less than one hundred and eighty (180) square feet (nine feet by twenty feet), exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.

Particulate Matter. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

Performance Standard. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

Planned Development. A tract of land which is developed initially as a unit under single ownership or control, which includes two or more principal buildings, and which is at least seven acres in area for a residential planned development, five acres for a business planned development, and two acres for a planned development operated by a municipal corporation.

Porch. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Principal Use. The main use of land or buildings as distinguished from a subordinate or accessory use.

Public Open Space. Any publicly-owned open area, including but not limited to the following: Parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public Utility. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.

Residential-Care. Maintenance (room and board) and oversight (general watchfulness and appropriate services to meet needs of residents, including but not limited to social, recreational, and instructional opportunities). (Ord. No. 88-O-010, § 1, 3-21-88)

Residential-Care Home. Any living quarters wherein unrelated individuals are provided residential care—does not include nursing homes, hospitals, day care centers or licensed foster family homes. (Ord. No. 88-O-010, § 1, 3-21-88)

Restaurant. Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

Ringelmann Chart. A chart which is described in the U.S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

Ringelmann Number. The number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.

Sanitary Land Fill. A method of disposing of refuse on land without creating nuisances or hazards to the public health or safety by confining refuse to the smallest practical area, compacting it to the smallest practical volume by employing power equipment, and covering it with a layer of compacted earth or suitable cover material at the conclusion of each day's operation.

Sign. A name, identification, description, display or illustration which is affixed to, or painted or represented directly or indirectly upon a building, structure, tree, rock or other object, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.

However, a sign shall not include any display or official court or public office notice nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.

Sign, Advertising (Billboard). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located, or to which it is attached.

Sign, Business. A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises [on] which such sign is located or to which it is affixed.

Sign, Church Bulletin Board. A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.

Sign, Flashing. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance, any revolving, illuminated sign shall be considered a flashing sign.

Sign, Gross Surface Area of. A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

Sign, Identification. A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.

Smoke Units. The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.

Sound Level Meter. An instrument standardized by the American Standards Association for measurement of intensity of sound.

Stable, Private. Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

Stacking Requirements. For the purposes herein, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.

Story. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.

Story, Half. A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping room shall not be counted as a story.

Street. A public way other than an alley, which affords a primary means of access to abutting property.

Street Line. A line separating a lot, piece or parcel of land from a street.

Structural Alterations. See Alterations, Structural.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.

Swimming Club, Private (Commercial). A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members, for the exclusive use of members and their guests.

Swimming Club, Private (Non-Profit). A private club incorporated as a non-profit club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members, or limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.

Swimming Pool, Commercial. A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.

Swimming Pool, Private. A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

Swimming Pool, Public. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

Tavern or Lounge. A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

Toxic Materials. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

Trailer. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers, or blocks, either self propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping or commercial purposes. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Pontiac Building Code.

Trailer, Sports or Camping. A trailer designed for camping or other recreational purposes.

Truck Parking Area or Yard. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceed one and one-half tons in capacity.

Use. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Use, Principal. The main use of land or buildings as distinguished from a subordinate or accessory use.

Used Car Lot. A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.

Yard. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, Front. A yard extending along the full length of the front lot line between the side lot lines.

Yard, Rear. A yard extending along the full length of the rear lot line between side lot lines.

Yard, Side. A yard extending along a side lot line from the front yard to the rear yard.

Zoning Administrator. Wherever the term "Zoning Administrator" is used, it shall mean the Zoning Administrator appointed by the Mayor and City Council and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of the zoning ordinance, making such determinations, interpretations and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with the ordinance.

Zoning Lot. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Zoning Maps. The official zoning map or maps incorporated herein as a part hereof, designating zoning districts.

(Ord. No. 2000-O-030, § 3, 9-18-00)

Editor's note

The definitions of "Plan Commission" and "Zoning Board of Appeals" have been deleted by the editor, inasmuch as said commission and board were abolished by Ord. No. 2000-O-030, § 3, adopted Sept. 18, 2000.