§ 27.01. Definitions.

For the purpose of this ordinance, certain terms, phrases and words shall, whenever used in this Ordinance, have the meaning assigned in this Section. Terms not herein defined shall have the meaning customarily assigned to them.

Accessory Building or Structure. A supplemental building or structure (including garages, tool sheds, greenhouses/garden sheds, swimming pools, gazebos, barbeques/outdoor eating facilities and other similar structures) on the same lot with, and where the use is of a nature which is customarily incidental and subordinate to, the principal use or structure; but not including residential or other living quarters.

Accessory Use. A use naturally and normally incidental to, subordinate to, and devoted exclusively to, the main use of the land or building.

Accessory Use Rear Yard. An unoccupied and unobstructed (from the ground upward) open space lying between a accessory use building or structure and the rear lot line measured from the further most edge (eve line) of the accessory use building or structure perpendicular to the nearest point of the rear property line.

Adult Foster Care Facility. A dwelling or establishment in which is provided supervision, assistance, protection, or personal care, in addition to room and board, to an adult, not to include a licensed home for the aged, a licensed nursing home, or a licensed mental hospital.

Adult Foster Care Resident. An adult who resides in a adult foster care facility and receives supervision assistance, protection, or personal care, in addition to room and board.

Amusement Enterprise. Any building or structure used for one or more of the following uses; billiards, pool, bowling, shooting gallery, roller rink, dance hall, mechanical and electronic games, and similar uses as determined by the Village Council.

Auxiliary Building. A building which is incidental to another use or structure on the same lot (See accessory building or structure).

Bed and Breakfast Operation. A use which is subordinate to the principal use as a single family dwelling and a use in which a sleeping room and breakfast are provided in return for payment.

Building. A structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

Building Area. The maximum projected area of a building and its accessory buildings, excluding steps, open porches, terraces and cornices.

Building Coverage. The area on a zoning lot occupied by buildings and structures, including accessory buildings.

Building Height. The vertical distance measured from the average level of the highest point and the lowest point of the building site covered by the building to: (1) if the roof is flat, the highest point; (2) if a gable, hip, gambrel or mansard roof, the average height measured between the eve and the highest point of the roof; (3) where no roof beams exist, or there are structures partly or wholly above the roof, the highest point of the building.

Building, Principal. The building which contains the principal building use of the parcel of property on which it is situated. In a residential district a dwelling is the principal building on a parcel of property.

Building Width. The minimum width of a building used for residential purposes shall be thirty (30) feet measured perpendicular at the foundation line running not less than thirty-three (33) percent of the length of the longest wall.

Car Canopies, Portable. Portable car canopies within the Village of Berrien Springs are strictly prohibited, regardless of what they are storing and regardless of the construction materials and means of construction and connection with the ground. They are defined as a prefabricated structure to shelter a motor vehicle which has no walls, and is usually constructed of light weight aluminum.

Certificate of Occupancy. A certificate issued by the Village Building Official or Inspector pursuant to the Village Construction Code authorizing an occupancy and/or use of land and/or a building or structure pursuant to the Village Construction Code and the terms of this Ordinance.

Cluster Development. A form of residential development where the total number of residential dwelling units may, with approval of the Village Council be constructed on eighty (80) percent of the total site area (or less), provided that twenty (20) percent, or more, of the total land area remains in open space protected from development through a permanent easement or other form of dedication acceptable to the Village Council.

Common Open Space. A parcel or parcels of land (including areas designated as common or limited common elements as recorded pursuant to the Michigan Condominium Act, P.A. 59 of 1978, as amended) or an area of water, or a combination of land and water within an area for Planned Unit Development and designed and intended for the use and enjoyment of residents or occupants of the Planned Unit Development. Common open space may contain such contemporary structures and improvements as are necessary and appropriate for the benefit and enjoyment of all residents of the Planned Unit Development but shall not include area reserved for the exclusive use or benefit of any individual tenant or owner, including any dedicated street or other public right-of-way; driveway, parking area, loading and storage area, and area reserved for non residential related use.

Condominium Act. The Michigan Condominium Act, P.A. 59 of 1978, as amended.

Council. The Village Council of the Village of Berrien Springs, Berrien County, Michigan.

Density - Planned Unit Development. The relationship of the total number of dwelling units contained in the Planned Unit Development to the Gross Acreage of the Planned Unit Development; dwelling units per gross acre.

Development Plan - Planned Unit Development. The application and any site, facade, or other engineering drawings including a property survey map and drawing necessary for submission, review and approval of a Planned Unit Development in accord with Article XIII.

District. A portion of the territory of the Village of Berrien Springs within which certain uniform regulations and requirements apply under the provisions of this Ordinance.

Downtown Development Authority. The body appointed by the Village Council pursuant to The Downtown Development Authority Act, P.A. 197 of 1975, as amended and assigned certain powers to review facade development and redevelopment plans pursuant to the terms of this Ordinance.

Dwelling. Any building or portion thereof designed or used exclusively for a residence or sleeping place or one or more persons.

Dwelling, Single-Family. A building having accommodations for, and occupied exclusively by, one-family, complying with the following standards:

1.

It complies with the minimum square footage requirements of this Ordinance for the zone in which it is located.

2.

It has minimum front building dimension measured at the foundation line of thirty (30) feet, measured perpendicular at the foundation line running not less than thirty-three (33) percent of the length of the longest wall, and complies in all respects with the Village Construction Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the construction code adopted by the Village, then and in that event such federal or state standard or regulation shall apply.

3.

It is firmly attached to a permanent foundation constructed on the site in accordance with the Construction Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable construction code for single-family dwellings. In the event that the dwelling is a mobile home, defined herein, such dwellings shall be installed pursuant to the manufacturers setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

4.

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

5.

The dwelling is connected to a public sewer and water supply or to such private facilities approved by the Berrien County Health Department.

6.

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closed areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage or the dwellings or 120 square feet, whichever shall be less.

7.

The dwelling unit shall contain a garage or covered parking as required by this Ordinance.

8.

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in either the rear or side of the dwelling unit; and has steps connected to each exterior door area or to porches connected to said door areas where a difference in elevation requires the same. Compatibility of design and appearance shall be determined by the Village Zoning Administrator upon review of the plans submitted for a particular dwelling. The decision of the Zoning Administrators may be appealed to the Zoning Board of Appeals by an aggrieved party. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design, and appearance of the majority of residential dwelling located outside of mobile home parks within 1,200 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Village. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

9.

The dwelling contains 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.

10.

The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

11.

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the Village pertaining to such parks.

12.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Village Construction Code provisions and requirements.

13.

All construction shall conform with health, safety, and welfare specifications of the adopted construction code for emergency egress, rescue windows and smoke detectors.

Dwelling, Two-Family. A building containing not more than two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth for single family dwellings.

Dwelling, Multiple-Family. A building containing three or more dwelling units designed for residential use and are conforming in all other respects to the standards set forth for single family dwellings.

Dwelling, Senior Multiple Family. Multiple dwelling units, rental apartments and other forms of residential dwelling units of not over three bedrooms per dwelling unit where all occupants of the unit is 55 years or older and the developer/owner of said development has elected to operate said development pursuant to Department of Housing and Development Regulations designed for senior housing with age restrictions as provided by law.

Dwelling Unit. One or more rooms, including a kitchen or kitchenette and sanitary facilities, in a building, designed as a unit for occupancy by not more than one family.

Enforcement Officer. The person charged with the enforcement of this Ordinance or his designee.

An Essential Service. The construction, alteration or maintenance by public utilities or government agencies of gas, electrical, steam, or water transmissions of distribution systems, and communications (except cell towers elsewhere regulated in this Ordinance), collection, supply or disposal systems. These include such equipment such as poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals (and signs) hydrants, and other similar equipment. Buildings and transmission facilities which do not provide direct service to local distribution systems are not included.

Event. See Festival.

Facade Plan. A sketch or other illustration showing the exterior surface of a building including all architectural features, surface materials and color or colors of all surface materials submitted pursuant to the requirements of Article XXI.

Family. A family means:

(1)

A person or persons related by blood, marriage, or adoption living as a single housekeeping unit in a dwelling unit; or

(2)

A group of not more than four (4) persons, unrelated by blood, marriage, or adoption, living as a single housekeeping unit in a dwelling unit (excluded from this definition is any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary; or

(3)

A functional family, as defined in this section, living as a single housekeeping unit in a dwelling unit.

Family, Functional. A group of no more than six (6) people plus their offspring having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with demonstrable and recognizable bond characteristics of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

Festival, Event, Gatherings. A festival, event or gathering is any fair, festival, or gathering of individuals or similar organized or unorganized activity where patrons watch or participate in entertainment, including but not limited to, music, shows, concerts, revivals, circuses, carnivals, art shows, antiques fairs, street dances, and sporting events not related to a scheduled school athletic event.

Flooding. A general and temporary condition of partial or complete inundation of normal dry-land area from: 1) the overflow of inland waters or 2) unusual and rapid accumulation of run-off of surface waters from any source.

Flood Hazard Area, Boundary Map. The land in the floodplain in any community which is subject to a one (1) percent or greater chance of flooding in any given year as defined as an area of special flood hazard designated Zone A on the Flood Insurance Rate Map issued for the Village by the Federal Emergency Management Administration or in lieu thereof, the area designated as floodplain on the Official Zoning Map.

Floodplain. Any land area susceptible to being inundated from water from any source (See flooding).

Floor Area. The sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures. The term does not include area exclusively used for the parking of vehicles.

Floor Area, Off Street Parking and Loading Requirements. For the purposes of applying the requirements for off-street parking and loading. "Floor Area" means the gross floor area used by tenants or for the service to the public, including but not limited to, areas occupied by fixtures and indoor display equipment. It does not include areas used principally for non-public purposes such as storage, incidental repair, processing or packaging of merchandise, shop windows, offices incidental to the management or maintenance of stores or buildings, toilet or rest rooms, utilities, dressing rooms or fitting or alternation rooms.

A major fraction of additional floor area requiring a parking or loading space shall require an additional parking or loading spaces, except when otherwise stated.

Garage/Storage Enclosure. See Fabric Structures (Portable Garage/Storage Enclosure).

Gross Acreage—Planned Unit Development. Shall include all land area occupied by the Planned Unit Development and any portions of said Planned Unit Development lying within an existing public right-of-way or highway.

Group Home. Is a dwelling unit or other structure designed to house a business intending to provide supervise care for (1) or more children or adults on a 24-hour basis, except as exempted by law that being adult foster care of family day-care of other group day-care facilities which provide services to less than six (6) persons.

Home Occupation—Major. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a permitted, accessory or appurtenant structure of a residential dwelling unit which does not alter the exterior of the property or adversely affect the general residential use or character of the neighborhood. Major Home Occupations are evidenced by an increased amount of customer traffic, delivery or other vendor traffic, or other commercial activity which is not normally intended as a permitted use of the property, but which by their low level of activity or use do not adversely affect others.

Example businesses included the sales of any goods or the provision of services and includes, but not limited, to sales of health products and vitamins, cookware, novelty items (typically made by the resident of the home occupation), barber and beauty shops, massage and physical therapy centers, doctors and dentist offices, offices of lawyers and similar professions, and other similar business. In such cases these major home occupations, where allowed as special uses approved by the Village Council at which time appropriate conditions may be placed on the business operation to assure compatibility of the business operations with neighborhood residential needs.

Home Occupation—Minor. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Minor home occupations are characterized as computer and telephone based businesses where there is no or limited customer or client traffic into the home occupation. Examples of a minor home occupations included, but not limited to, real estate agent, insurance sales agents, consultants, financial planner, stockbrokers, etc.

Household Pets. Household pets include any pets not specifically prohibited by the terms of this Ordinance and any other Village ordinance. Household pets do not include horses, donkeys, pigs (of any type), rabbits, chickens, goats or other farm animals or livestock, including miniature farm animals of any type. For the terms of this Ordinance, more than four dogs, cats or other household pets shall constitute a commercial kennel, or where such pets are boarded for compensation or offered for sale.

Land Division. The act of creating a lot or parcel of land defined by a metes and bounds description pursuant to the provisions of the Michigan Land Division Act, P.A. 87 of 1997, as amended (formerly the Michigan Subdivision Control Act) or the act of creating a condominium plat pursuant to the provisions of the Condominium Act, P.A., 59 of 1978, as amended, for the purpose of recording same with the Register of Deeds of Berrien County. (See: Land Division Act and Condominium Act.). For the purpose of this Ordinance any and all Land Division and Condominium plats will be considered a Planned Unit Development and submitted for approval according to the procedure of the Village of Berrien Springs Land Division Ordinance.

Land Division Act. The Michigan Land Division Act, P.A. 87 of 1997, as amended (formerly the Michigan Subdivision Control Act) and any ordinance adopted by the Village of Berrien Springs in furtherance of Village duties required of the act.

Landowner or Applicant—Planned Unit Development. The legal or beneficiary owner or owners of the land proposed to be included in a Planned Unit Development or the holder of an option or contract to purchase the land subject to the proposed Planned Unit Development.

Lodging House. See Bed and Breakfast operation.

Lot. A parcel of land of at least sufficient size to meet the minimum requirements hereof for use, coverage and area, and providing such yards and other open spaces as herein required. Such parcel shall have frontage on an improved public street and may consist of (see types of lot illustrations in Article XV):

(1)

A single lot of record;

(2)

A portion of a lot of record; or

(3)

Any combination of (1) or (2) above.

Lot Frontage—Front Lot Line. Lot frontage - the front lot line shall be that boundary of a lot which is along an existing or dedicated public street or where no public street exists, is along a private street approved as part of a recorded land division or condominium development by the Village Council.

Lot (or Parcel) of Record. The recorded legal description of any lot, condominium unit, or parcel of land in the office of the Register of Deeds of Berrien County, State of Michigan, or as a part of an unrecorded plat, development plan, condominium, subdivision, or by metes and bounds.

Mobile Home. A structure, transportable in one or more section, 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 does not include a recreational vehicle.

Mobile Home Park. A parcel of land under the control of a person upon which contains three (3) or more mobile homes developed in accord with the specification constrained in or promulgated pursuant to P.A. 96 of 1987, as amended and approved by the Michigan Mobile Home Park Commission pursuant to procedures set forth in P.A. 96 of 1987, as amended; the Mobile Home Commission Act.

Modular Unit or Prefabricated Dwelling. A prefabricated structure designed for permanent occupancy as a single or two-family dwelling and transported to the site on a flat bed or other type truck or trailer for erection on a permanent foundation, either in sections or modular units that have been prefabricated at the factory, complete with the plumbing and electrical facilities for connection to outside systems. Such modular units or prefabricated dwellings as defined herein are designed to be used and occupied as a permanent dwelling, requiring assembly at the site more than simply unpacking and are not ordinarily equipped with furniture and furnishing.

Nonconforming Use. The use of a building, structure, lot or parcel of land conflicting with the provisions of this Ordinance at the time of its enactment.

Nuisance—Public. Any activity harmful to the public health, creates an interference in a way of travel, affects public morals or prevents the public from the peaceful use of their land and public streets.

Nuisance—Private. An activity which either is harmful or interferes with property rights or health of persons either owners or occupants of the land.

Overlay Zoning District. An overlay zone is a separate zoning district that is placed over an existing zoning district that adds new regulations to those of the underlying zoning district.

Planned Unit Development. An area of minimum contiguous size, as specified by this Ordinance, to be planned and developed as a single entity containing one or more residential, commercial of industrial clusters of buildings in compliance with density requirements of the underlying zoning designation(s) except as modified pursuant to the terms of the planned unit development regulations contained in this Ordinance. As used in this Ordinance, planned unit development is an overlay zoning district that relaxes the specific terms of the underlying zoning district regulations to provide flexibility in the development and incentive density bonuses as provided by the decision of the Village Council.

Plat. The required drawing required, and prepared in accordance with the specification of either the Land Division Act or Condominium Act signed by a Michigan Registered Surveyor which is approved by the Village Council to be filed with the Register of Deeds of Berrien County for the conveyance of real property.

Portable Car Canopies. See dedications - Vehicle Storage Structure and Car Canopies, Portable.

Recreational Vehicle. A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on to drawn by another vehicle.

Restaurant. A business located in a building where, in consideration of the payment of money, meals are habitually prepared, sold, and served to persons for consumption on or off the premises; having suitable kitchen facilities connected therewith containing conveniences for cooking an assortment of foods which may be required for ordinary meals, and deriving the major portion of is receipts form the sale of food.

Retail Commercial Establishment. A store, market or shop in which commodities are sold or offered for sale in small or large quantities to the retail trade. Grocery and general stores, meat markets, public garages and automobile services stations are included in this classification.

Setback. The minimum required distance between a structure and a property line measured perpendicular from the property line. A front yard setback is measured perpendicular from the property line defining the subject property and the Village street right-of-way. A side yard setback is measured perpendicular from the side yard property line. A rear yard setback is measured from the rear property line, either the rear line of another property or the Village alley right-of-way line. (See definition of yard and illustration of front, side and rear yards).

Signs and Billboards. See Ordinance 307 for definitions.

Structure. Any production or piece of work artificially built up or composed of parts joined together in some definite manner; any construction including dwellings, garages, buildings, signboards and fences, except public utility communication towers and electrical transmission lines, underground gas distribution lines, and equipment and facilities supporting the same and/or incidental thereto.

Site Plan. A sketch or other illustration containing information required for the submission, review and approval of a zoning matter where a site plan is required pursuant to the requirements of Article XXI.

Storage, Residential Out-door. Any land used for, or occupied for, the purpose of storing recreational vehicles boats, trailers, recreational equipment, material, trash receptacles and other personal property commonly used by homeowners but not licensed vehicles used for daily transportation and parked in a clearly defined driveway or other parking area, accessory structures, lawn furniture, child playground equipment, lawn ornaments and other similar personal property normal and typically used as part of the daily occupancy of a residential dwelling unit.

Vehicle Storage Enclosure. See Fabric Structures (Portable Garage/Storage Enclosure).

Subdivision. For the purposes of this Ordinance the term subdivision included any act which is taken to record the division of a lot or parcel of land pursuant to the provisions of the Michigan Land Division Act or Condominium Act.

Unit, Condominium. The descriptor for a lot or specific unit for occupancy in a condominium plat designed to be conveyed under single ownership and having a individual property tax code identification number (in a land division (subdivision) plat a lot is equivalent to a condominium unit).

Village Clerk. The Clerk of the Village of Berrien Springs, Berrien County, Michigan.

Yard. An open space lying between a building (or group of buildings) on the same lot and the nearest lot line. It is unoccupied and unobstructed from the ground upward, except as otherwise permitted herein.

(1)

Yard, Front. An open space between the front line of a building and the front lot line.

(2)

Yard, Rear. An open space between the rear line of a building and the rear lot line.

(3)

Yard, Side. An open space between a building and the nearest side lot line, extending the full length of the lot between the front and rear lot line.

Zoning Administrator. The person charged with the administration of the Ordinance or designee.

Zoning Ordinance. The Zoning Ordinance of the Village of Berrien Springs, Berrien County, Michigan.

(Ord. No. 316, 5-19-2008)