HOME OCCUPATION.  Home occupation shall be an occupation or profession carried on within a residential structure by a member of the immediate family residing on the premises in which business occupation or profession there are no employees other than members of the immediate family.  In connection with the business occupation or profession, no sign other than a nameplate shall be displayed and no display or other indication shall be placed upon the exterior of the building indicating the same is used in whole, or in part, for any other purpose than as dwelling.  Further, no commodity shall be sold upon the premises or shall be displayed for sale on the premises and no mechanical equipment shall be used in the business occupation or profession excepting the mechanical equipment as would be permissible for purely domestic household purposes.  Further, the business occupation or profession shall not, by parking of vehicles, deliveries, or other traffic to or from the residence, change the residential character of the use of the residence as a dwelling. 

HOTEL.  A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which 1 or more of the following services are offered:  maid service; furnishing of linen; telephone, secretarial, or desk service; and/or bellhop service.  A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms. 

JUNK YARD.  An open area where waste, used, or second-hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, a scrap iron and other metals, paper, rags, rubber tires, and bottles.  A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed building. 

KENNEL, COMMERCIAL.  Any lot or premises on which 1 or more dogs, cats, or other household pets are permanently or temporarily boarded in exchange for consideration or any premises which are employed for the purpose of breeding and-or sale of dogs, cats, or other household pets. 

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

LOT.  A parcel of land occupied, or intended to be occupied, by a main building or a group of the building and accessory buildings, or utilized for the principal use and uses accessory thereto, together with the yards and open spaces as are required under the provisions of this chapter.  A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the 2 points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees. 

LOT, INTERIOR.  Any lot other than a corner lot. 

LOT, THROUGH.  Any interior lot having frontage on 2 more or less parallel streets as distinguished from a corner lot.  In the case of a row of double frontage lots, all sides of the lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

LOT, ZONING.  A single tract of land located within a single block, which, at the time of filing for 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.  A zoning lot shall satisfy this chapter with respect to area, size dimensions, and frontage as required in the district in which the zoning lot is located.  A zoning lot therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include 1 or more lots of record. 

LOT COVERAGE.  The part or percent of the lot occupied by buildings, including accessory buildings. 

LOT DEPTH.  The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. 

LOT OF RECORD.  A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by the municipal or county officials, and which actually exists as so shown, or any part of the parcel held in a record ownership separate from that of the remainder thereof. 

LOT WIDTH.  The horizontal distance between the side lot lines, measured at the 2 points where the building line or setback line intersects the side lot lines. 

MAIN BUILDING.  A building in which is conducted the principal use of the lot upon which it is situated. 

MAJOR THOROUGHFARE.  An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan. 

MANUFACTURED PORTABLE CARPORT.  A detached factory manufactured accessory building customarily used as a carport.  The manufactured portable carport can be moved without disassembly, after removal of tie-down provisions intended to compensate for wind displacement.  A manufactured portable carport shall be no more than 12 feet in height at any point nor provide more than 250 square feet of projected roof area and except for structural supports, entirely open on 2 or more sides. 

MASTER PLAN.  The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of the plan, and any amendment to the plan or parts thereof.  The plan may or may not be adopted by the Planning Commission and/or the Commission. 

MEZZANINE.  An intermediate floor in any story occupying not to exceed 1/3 of the floor area of the story.

MOBILE HOME.  A factory-built structure, transportable in 1 or more sections, which is built and/or transported on a chassis and designated 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 includes “sectional” and “modular” homes but does not include a recreational vehicle. 

MOBILE HOME PARK.  A parcel of land not less than 5 acres in size under the control of a person upon which 3 or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose, regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of the mobile home and which is not intended for use as a temporary trailer park. 

MOTEL.  A series of attached, semi-detached, or detached rental units each containing a bedroom, bathroom, and closet space, providing overnight lodging, and offered to the public for compensation, primarily to persons traveling by motor vehicle. 

MUNICIPALITY.  The City of Hartford, Michigan. 

NONCONFORMING BUILDING.  A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of the chapter in the district in which it is located. 

NONCONFORMING USE.  A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the regulations of the district in which it is located. 

NURSERY, PLANT MATERIALS.  A space, building, or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping.  The definition of nursery within the meaning of this chapter does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees. 

PLANNED DEVELOPMENT.  A parcel or tract of land, having a minimum of 2 acres of land area initially under single ownership or control, which contains 1 or more principal buildings and 1 or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified.  A planned development requires a special use rezoning of the property(ies) to the PD District in accordance with procedures set forth in this chapter. 

PRIVATE GARAGE.  An accessory building or a portion of a building in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. 

PUBLIC UTILITY.  A person, firm, or corporation; municipal department; board; or commission duly authorized to furnish and furnishing, under federal, state, or municipal regulations, to the public:  gas, stream, electricity, sewage disposal, communication, telegraph, transportation, or water.

ROOM.  For the purpose of determining lot area, requirements and density in a multiple-family district, a living room, dining room, or bedroom, equal to at least 80 square feet in area.  A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage.  Plans presented showing 1, 2, or 3 bedroom units and including a “den,” “library,” or other extra room shall count the extra room as a bedroom for the purpose of computing density. 

ROW HOUSE.  A building designed to be occupied by 2 or more families in a contiguous structure where the dwelling units shares 1 common wall, and would be a residence standing alone but for the connection of a common wall. 

SIGN.  The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known, such as are used to show an individual, firm, profession, or business, and are visible to the general public. 

SIGN, ACCESSORY.  A sign which is accessory to the principal use of the premises and which directs attention to a product or service offered on the premises. 

SIGN, FREESTANDING.  A sign which is accessory to the principal use but is designed to stand alone and is typically located within a front and/or side yard. 

SIGN, NON-ACCESSORY.  A sign which is not accessory to the principal use of the premises and which directs attention to a product or service not offered on the premises. 

SITE PLAN.  A detailed plan submitted by the applicant outlining in detail the intended use of the property.  The plan must be clear and unambiguous and drawn to engineering scale showing all intended facilities on the site; including, but not limited to, parking, buildings, entrances and exits, lighting, landscaping, and any other items that may be requested by the Planning Commission. 

SPECIAL USE. 

(1)  A use that can be permitted by the Planning Commission only after review and public hearing by the Planning Commission and only upon compliance with conditions specified in this chapter or as may be reasonably imposed by the Planning Commission to provide adequate protection to the neighborhood and to abutting properties. 

(2)  Variances, if required, are granted by the Zoning Board of Appeals in accordance with §§ 151.305 et seq. 

STORY.  The part of a building, except a mezzanine as defined herein, included between the surface of 1 floor and the surface of the next floor, or if there is counted as a story where more than 50%, by cubic content, is below the height level of the adjoining ground.

STORY, HALF. 

(1)  An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of 7 feet by 6 inches. 

(2)  For the purpose of this chapter, the useable floor area is only that area having at least 4 feet clear height between floor and ceiling. 

STREET.  A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property. 

STRUCTURE.  Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. 

STRUCTURE HEIGHT or MAXIMUM HEIGHT.  The maximum vertical distance measured from grade to the uppermost integral part of a structure.  If the structure has an earthen berm grade shall be from the base of the berm.  Chimneys, antennae, aerials, and like structural projections are excluded from maximum structure height; however, all parts of the roof and roof installed heating and cooling equipment are included.

TEMPORARY USE OR BUILDING.  A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events. 

TRAVEL TRAILER.  A vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit and not exceeding 200 square feet in area. 

YARDS.  The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter, and as defined herein. 

(1)  FRONT YARD.  An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. 

(2)  REAR YARD.  An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.  In the case of a corner lot, the rear yard may be opposite either street frontage. 

(3)  SIDE YARD.  An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building. 

[Reference drawing appears below]

(Ord. 134, passed ‑ ‑ ; Am. Ord. 194, § 401, passed 2‑24‑1997) 

§ 151.005  NO PERMANENT VESTED RIGHTS. 

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change, or modification as may be necessary to the preservation or protection of public health, safety, and welfare.
(Ord. 134, passed ‑ ‑ ; Am. Ord. 194, Article XXIII, passed 2‑24‑1997)

 

ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP 

§ 151.015  OFFICIAL ZONING MAP. 

The city is hereby divided into districts or zones, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(A)  The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the city under the following words:  “This is to certify that this is the Official Zoning Map referred to in § 151.015 of the Zoning Code of the City of Hartford, Michigan,” together with the date of the adoption of this chapter. 

(B)  If in accordance with the provisions of this chapter and the laws of the State of Michigan, changes are made in district boundaries or other matter portrayed in the Official Zoning Map, the changes shall be made on the Official Zoning Map promptly after the amendment has been approved the City Official, together with an entry on the Official Zoning Map as follows:  “On _____, by official action of the City Commission the following (change) changes were made in the Official zoning Map (brief description of the nature of the change) which entry shall be signed by the Mayor and attested by the City Clerk.  No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after the change and entry has been made on said map.” 

(C)  No changes of any nature shall be made on the Official Zoning Map or matter shown thereon, except in conformity with the provisions set forth in this chapter.  Any unauthorized change of whatsoever kind by any person or persons shall be considered in violation of this chapter and punishable as provided in this chapter. 

(D)  Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map above described and retained by the City Clerk shall be the final authority. 

(E)  Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, the center lines, street lines, or highway right-of-way lines shall be construed to be the boundaries. 

(F)  Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, or the center lines of right-of-way lines of highways, the district boundaries shall be construed as being parallel thereto and at the distance therefrom as indicated on the Zoning Map.  If no distance is given, the dimension shall be determined by the use of the scale shown on the Zoning Map. 

(G)  Where district boundaries are so indicated that they approximately follow the lot lines shall be construed to be the boundaries. 

(H)  Where the boundary of a district follows a stream, lake, or other body of water, the bou