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Section 2.03

Definitions C-D

Caliper: The diameter of a trunk measured as follows: Existing trees are measured at four and one-half (4.5) feet above the average surrounding grade; and, Trees which are to be planted shall be measured twelve (12) inches above the average surrounding grade if the tree caliper is more than four (4) inches, or if the tree caliper is less than four (4) inches, it shall be measured at six (6) inches above the average surrounding grade.
Canopy Tree: A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purposes of a canopy tree are to provide shade to adjacent ground areas and to enhance aesthetics.
Caretaker (Living Quarters): An independent residential dwelling unit or living area designed for and occupied by no more than two (2) persons, where at least one (1) is employed to provide services or to look after goods, buildings, or property on the parcel on which the living quarters are located.
Carport: A shelter for vehicles consisting of a roof extended from a wall of a building or a partially open structure consisting of a roof and possibly walls.
Cemetery: Land used or intended to be used for burial of the human dead and dedicated for such purposes. Cemeteries include accessory columbaria and mausoleums but exclude crematories.
Certificate of Zoning Compliance: A document signed by the Zoning Administrator as a condition precedent to the commencement of a use or the construction/reconstruction of a structure or building which acknowledges that such use, structure or building complies with the provisions of this Ordinance.
Child Care Organization: A facility for the care of children under 18 years of age, as licensed and regulated by the state under Act No. 116 of the Public Acts of 1973 and the associated rules promulgated by the State Department of Social Services. Such care organizations are classified below:
Child Care Center or Day-Care Center: A facility other than a private home, receiving more than six (6) preschool or school age children for group Day-Care for periods of less than twenty four (24) hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a childcare center, Day-Care center, day nursery, preschool, nursery school, parent cooperative preschool, play group, or drop-in center. "Childcare center" or "Day-Care center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
Child Caring Institution: A childcare facility which is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in a building maintained for that propose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools, or an adult foster care facility in which a child has been placed.

Foster Family Home: A private home in which at least one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for twenty four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
Foster Family Group Home: A private home in which more than four (4) but less than seven (7) children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for twenty four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
Family Day-Care Home: A private home in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than (4) weeks during a calendar year.
Group Day-Care Home: A private home in which more than six (6) but not more than twelve (12) children are given care and supervision for periods of less than twenty four (24) hours a day unattended by a parent or legal guardian except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year.
Church or Temple: A building, the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses.
Clerk: The Clerk of the Village of Mayville.
Clinic, Medical or Dental: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients but may not include facilities for overnight patient care or major surgery.
Club or Fraternal Organization: An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in this Ordinance.
Co-Location: Location by two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, to reduce the overall number of structures required to support wireless communication antennas within the Village.
Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee for more than seven (7) days during a calendar year.
Commercial Vehicle: Any vehicle bearing or required to bear commercial license plates, and which falls into one (1) or more of the categories listed below: 1. Truck tractor. 2. Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures.

Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction-oriented contractors.
Tow trucks.
Commercial hauling trucks.
Vehicle repair service trucks.
Snow plowing trucks.
Any other vehicle with a commercial license plate having a gross vehicle weight in excess of ten thousand (10,000) pounds or a total length in excess of twenty-two (22) feet. Common Elements: The portions of the condominium project other than the condominium units are defined as follows: General Common Elements means and includes:
The land in the condominium project.
The foundations, main walls, roofs, halls, lobbies, stairways entrances, exits, or communication ways.
The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;
The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated.
The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air–conditioning, reservoirs, water tanks, and pumps and the like.
The elevators, incinerators and, in general, all devices or installations existing for common use.
All other elements of the condominium project owned in common and intended for common use or necessary to the existence, upkeep and safety of the project. Limited Common Elements means and includes those common elements which are reserved in the master deed for the exclusive uses of less than all of the co–owners. Common Land: A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and/or occupants of individual building units in a subdivision or a planned unit development. Common Open Space: An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners and occupants, and generally owned and maintained in common by them, often through a homeowners association.

Condominium: A system of separate ownership of individual units and/or multi-unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
Condominium Act: Michigan Act 59 of 1978, as amended.
Condominium, Consolidating Master Deed: The final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed. See also “Condominium, master deed.”
Condominium, Contractible: A condominium project from which any portion of the submitted land or building may be withdrawn in pursuant to express provisions in the condominium documents and in accordance with the Mayville Code of Ordinances and the Condominium Act, Act 59 of the Public Acts of 1978, as amended.
Condominium, Conversion: A condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.
Condominium, Convertible Area: A unit or a portion of the condominium referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provisions in the condominium documents and in accordance with the Mayville Code of Ordinances and the Condominium Act.
Condominium, Expandable: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with the Mayville Code of Ordinances and the Condominium Act.
Condominium, General Common Element: The common elements other than the limited common elements. See also “Common Elements.”
Condominium, Limited Common Element: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners. See also “Common Elements.”
Condominium, Master Deed: The condominium document recording the condominium project as approved by the Community Development Director to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project. See also” Condominium, Consolidating Master Deed.”
Condominium, Project: The equivalent to “subdivision,” as used in this Ordinance and the subdivision regulations.
Condominium Project, Mobile Home: A condominium project in which mobile or manufactured homes are intended to be located upon separate sites which constitute individual condominium units.
Condominium Setbacks: Setbacks shall be measured as follows:
Front Yard Setback: The distance between the public street right-of-way or private road easement line and the foundation of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from fifteen (15) feet from the nearest pavement edge to the foundation of the unit.
Side Yard Setback: The distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two units shall be double the side yard setback required in the zoning district.

Rear yard setback: The perimeter shall be the distance between the limit of the development and the rear of the unit; within the development, rear yard setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or where lot lines are not defined, the space between the rear building lines of two buildings shall be double the rear yard setback required in the zoning district.
Condominium, Site Condominium Project: A condominium project designed to function in a similar manner, or as an alternative to, a platted subdivision. A residential site condominium project shall be considered equivalent to a platted subdivision for purposes of regulation of this Ordinance.
Condominium Subdivision Plan: The site, survey and utility plans, and sections as appropriate showing the existing and proposed structures and improvements including the location thereof on the land. The condominium subdivision plan shall show the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location, and approximate size of common elements and any other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.
Condominium Unit: That portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.
Condominium Unit Site: The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium unit site shall become a limited common element. The term ``condominium unit site” shall be equivalent to the term ``lot,” for purposes of determining compliance of a site condominium subdivision with provisions of this Ordinance pertaining to minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratio.
Contractor Yard: A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associate with building or construction. A contractor's yard may include outdoor storage, or a combination of both.
Convalescent Home or Nursing Home: A nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of 1985, as amended, being Sections 36.1 to 36.12 of the Michigan Compiled Laws, which provides organized nursing care and medical treatment to seven (7) or more unrelated individuals suffering or recovering from illness, injury, or infirmity. See also “Housing for the elderly.”
Convenience Store: A one-story, retail store that is designed and primarily stocked to sell food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience stores are designed to attract greater volumes of stop-and- go traffic.
Convenience Store with Gasoline Sales: An establishment meeting the above definition of Convenience Store that also includes the sale of gasoline.
County Drain Commission: The Tuscola County Drain Commission.
County Health Department: The Tuscola County Health Department.
County Road Commission: Tuscola County Road Commission.
Court: An open space bounded on two (2) or more sides by a building or buildings.

Cul-de-sac: A dead-end public or private street, generally short in distance, which terminates in a circular or semicircular section of street which allows for vehicle turnaround.
Curb Cut: The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.
Dangerous or Hazardous Materials: Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, explosive or otherwise injurious properties, may be detrimental or deleterious to the environment or the health of any person handling or otherwise coming into contact with such material or substance.
Day-Care Center: See "Childcare organization."
Deceleration Lane: An added roadway lane that permits vehicles to slow down and leave the main vehicle stream before turning.
Deck: A platform, commonly constructed of wood, which is typically attached to a house and which used for outdoor leisure activities.
Dedication: The intentional appropriation of land by the owner to public use.
Density: The number of dwelling units situated on or to be developed per net or gross acre of land. For purposes of calculating maximum density, only twenty-five percent (25%) of the acreage determined to be wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage. All open bodies of water, land within the 100-year floodplain elevation, public rights-of-way and areas within overhead utility line easements are excluded from this calculation. Actual density shall also be determined by compliance with all setbacks, parking, open space and other site design requirements.
Detention Basin or Facility: A man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or man-made outlets.
Development: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. A development may include a site plan, a plot (building) plan, a condominium plan, a plat or a manufactured housing community.
Diameter at Breast Height (dbh): The diameter measured at a height of four and one-half (4.5) feet above the natural grade.
District, Zoning: An area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations, and other appropriate regulations.
Drainageways and Streams: Existing permanent or intermittent watercourses.
Drive-in: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, including customer communication facilities for banks or other uses. A drive-in restaurant is distinct from a drive-through restaurant in that the majority of drive-in patrons consume food and beverages while in the vehicle and parked on the premises.
Drive-through Window Facilities: A business establishment in which all or at least ten (10) percent of the business consists of providing goods and services from a drive-through window to patrons in motor vehicles.

Dumpster or Waste Receptacle: Any accessory exterior container used for the temporary storage of rubbish, pending collection, having the cap Village of at least one cubic yard. Recycling stations and exterior compactors shall be considered to be dumpsters or waste receptacles.
Dwelling Unit: A building, or enclosed portion thereof, designed for occupancy by one (1) family for residential purposes and having independent living, eating, sleeping, cooking, and sanitary facilities. A dwelling unit shall include both manufactured units (mobile homes and modular homes) and site built units.
Dwelling Unit, Attached: A dwelling unit attached to one (1) or more dwelling units by common major structural elements.
Dwelling Unit, Detached: A dwelling unit which is not attached to any other dwelling unit by any means.
Dwelling Unit, Efficiency Apartment: A dwelling unit of not more than one (1) room in addition to a kitchen and a bathroom.
Dwelling Unit, Manufactured: A dwelling unit which is substantially built, constructed, assembled, and finished off the premises upon which it is intended to be located.
Dwelling Unit, Multiple-Family: A building designed exclusively for, and containing three (3) or more dwelling units.
Dwelling Unit, Single-Family: A detached building designed exclusively for, and containing one (1) dwelling unit only.
Dwelling Unit, Site Built: A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site built dwelling units include dwelling units constructed of precut materials and panelized wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.
Dwelling Unit, Two-family or Duplex: A detached building designed exclusively for, and containing two (2) dwelling units only.