For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACCESSORY RESIDENTIAL ANIMAL HOBBY. The keeping of hobby animal(s) is an incidental accessory use, including horses, cattle, dairy cattle, goats, sheep, swine, turkeys, chickens, ducks, ostrich and other non-traditional pets. These animals are kept in low enough numbers on sufficient land and in appropriate conditions in residential settings, so that the residential use of the subject property and occupancy of neighboring residential properties are maintained. The animals may or may not be consumed by the occupants. This use as defined herein is intended to allow the keeping of the animals while providing for the health, safety and welfare of the neighborhood as a clearly residential environment.
(2) ACCESSORY BUILDING, ACCESSORY USE or ACCESSORY.
(a) ACCESSORY USE. A use that is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When ACCESSORY is used in the text, it shall have the same meaning as ACCESSORY USE.
(b) An ACCESSORY USE includes, but is not limited to, the following:
1. Domestic or agricultural storage in a shed, tool room, garage or similar accessory building or other structure;
2. Barn (livestock building);
3. Swimming pools for the use of the occupants of a residence or their guests;
4. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless the storage is excluded in the applicable district regulations;
5. Storage of goods used in or produced by industrial uses or related activities, unless the storage is excluded in the applicable district regulations;
6. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;
7. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located;
8. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located; and
(3) ADULT BOOKSTORE. An establishment having as a substantial portion of its stock in trade books, magazines and other periodicals, printed or computer-generated images, videocassettes, video disks and the like which are restricted to persons over the age of 18 and which is distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” (as defined below) or “specified anatomical areas” (as defined below) or an establishment with a substantial segment or section devoted to the sale, rental or display of the material.
(4) ADULT MOTION PICTURE THEATER. An establishment used for presenting material restricted to persons over the age of 18 distinguished or characterized by an emphasis on matter depicting, describing or relating to “specific sexual activities” (as defined below) or “specific anatomical areas” (as defined below) for observation by patrons therein.
(5) AGRICULTURAL. Farms and farming in general (see definition of FARM).
(6) ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
(7) ALTERATIONS. Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed”.
(8) ANIMAL NUISANCE. Any nuisance such as odor, noise, destruction, which is caused by any animal is considered to be ANIMAL NUISANCE.
(9) ANIMAL PEN. Any open or partly open structure or enclosure holding four or more dogs or two or more of any other kind of animal.
(10) APARTMENTS. A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(11) APARTMENT HOUSE. A residential structure containing three or more apartments.
(12) ARCADES. Any place, premises, room or establishment in which a substantial or significant portion of the business carried on involves the operation of any machine or device including, but not limited to, pinball machines, video and electronic games operated by means of insertion of a token, coin
or similar object or for a consideration paid to the owner or custodian thereof for the purpose of a game of skill or amusement. The terms shall also include any place, premises, room or establishment in which three or more machines or devices including but not limited to pinball machines, video and electronic games, operated by means of insertion of token, coin or similar object or for a consideration paid to the owner or custodian thereof for the purpose of a game or contest of skill or amusement are located.
(13) ARCHITECTURAL FEATURES. Architectural features of a building shall include such integral features as cornices, eaves, gutters, sills, lintels, bay windows, chimneys and decorative ornaments.
(14) ATTIC. The space between the ceiling beams of top habitable floor and roof. See the illustration under the definition for BASEMENT.
(15) AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding or re-conditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and vehicle rust proofing.
(16) AUTO REPAIR STATION. A place where, along with the sale of engine fuels, the following services may be carried out: general repairs; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, the body, frame or fender straightening and repair; overall painting, and undercoating of automobiles.
(17) AUTOMOBILE SERVICE STATION.
(a) Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, and no other:
1. Sale and servicing of spark plugs, batteries and distributors and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing, and sale of automotive washing and polishing materials when accessory and incidental to the principal operation;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps and lines;
8. Minor servicing and repair of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing brakes;
11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
12. Sales of hot or cold non alcoholic beverages, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to the principal operation;
13. Provision of road maps and other informational material to customers; provision of restroom facilities.
(b) Uses permissible at an AUTOMOBILE SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, rust proofing, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations. An AUTOMOBILE SERVICE STATION is not a repair station or garage nor a body shop.
(18) AUTOMOBILE WASH ESTABLISHMENT. A building, or portion thereof, the primary purpose of which is the washing of motor vehicles.
(19) BARN (LIVESTOCK BUILDING). Any building or buildings, which have the primary purpose of housing livestock. This would include any building, which in fact does house livestock.
(20) BASEMENT. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
(21) BED AND BREAK FAST ESTABL ISHMENT. A private residence that offers sleeping accommodations to lodgers for not more than 30 consecuti ve days in fewer than 14 rooms for rent; is the innkeepe r’s residence in which the innkeeper resides while renting rooms to others.
(22) BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest through street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.
(23) BOARD OF ZONING APPEALS. The Zoning Board of Appeals of the Township of Burtchville.
(24) BOARDING HOUSE. A dwelling where meals, or lodging and meals, are provided for compensation for three or more persons by pre-arrangement for definite periods of not less than five days. A BOARDING HOUSE shall be distinguished from a bed and breakfast establishment, motel or hotel.
(25) 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.
(26) BUILDING AREA. The space remaining after the minimum open space requirements of this chapter have been met.
(27) BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the HEIGHT may be measured from the average ground level of the grade at the building wall.
BUILDING LINE. A line formed by a wall of the building, and for the purposes of this chapter, a minimum BUILDING LINE is the same as a setback line.
(28) BUILDING PERMIT. A permit issued by the Building Inspector under the terms of the State Building Code; it is not the same as a zoning compliance permit, an occupancy permit, nor a special or temporary use permit.
(29) BUILDING PERMIT. A permit issued by the Building Inspector under the terms of the State Building Code; it is not the same as a zoning compliance permit, an occupancy permit, nor a special or temporary use permit.
(30) CAMPGROUND. Any parcel of land wherein sites are offered for the use of the public or members of any organization, either free of charge, or for a fee, for the establishment of temporary living quarters for the occupation of five or more tents, travel trailers, truck campers or other similar recreational units.
(31) CELLAR. See the definition of BASEMENT.
(32) CHILDCARE CENTER (DAY CARE CENTER). A facility other than a private residence that receives one or more preschool or school-age children for care for periods of less than 24 hours a day, and where parents or guardians are not immediately available to the child. CHILDCARE CENTER or DAY CARE CENTER includes a facility that provides care for not less than two 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, nursery school, parent cooperative preschool, play group or drop-in center. CHILDCARE CENTERS are licensed by the state under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended. CHILDCARE CENTER or DAY CARE CENTER does not include:
(a) A Sunday school, a vacation bible school or a religious instruction class that is conducted by a religious organization where children are in attendance for not more than three hours per day for an indefinite period, or not more than eight hours per day for a period not to exceed four weeks during any 12-month period; or
(b) A facility operated by a religious organization where children are cared for not more than three hours while parents or guardians attend religious worship services.
(33) (CHILD) FAMILY DAY CARE HOME (LICENSED). A private home (dwelling) in which one but fewer than seven children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. FAMILY DAY CARE HOMES are licensed by the state under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended.
(34) CLINIC. An establishment where physicians, dentists or similar professionals examine or treat human patients who are not lodged overnight.
(35) CLUB. An organization of persons for special purposes for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit.
(36) COMMON ELEMENTS. The portions of the condominium other than the condominium units.
(37) COMMUNICATION TOWER. A monopole-type structure with antennae or other devices used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signal. A COMMUNICATION TOWER shall not be included under the existing definition of essential services.
(38) CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.
(39) CONDOMINIUM SUBDIVISION. Equivalent to the term SUBDIVISION as used in this zoning ordinance and the township subdivision control ordinance. If no township subdivision control ordinance is in effect, the term shall be equivalent to the term SUBDIVISION as used in the Subdivision Control Act (Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended).
(40) CONDOMINIUM SUBDIVISION PLAN. The site, survey and utility plans; floor plans and sections, as appropriate (if buildings are proposed), 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 and 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.
(41) CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.
(42) CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 et seq.
(43) CONVALESCENT HOME, HOME FOR THE AGED or NURSING HOME. A home for the care of children, or the aged, or infirm, or a place of rest for those suffering bodily disorders, and licensed or required to be licensed by the state, but not including housing for the elderly where the persons live independently in individual apartment units.
(44) CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 et seq.
(45) COURT. An open, uncovered, unoccupied space other than a yard partially or wholly surrounded on at least two sides of a building. A COURT having at least one side thereof opening onto a public or private street, alley or yard or other permanent open space is an OUTER COURT. Any other court is an ENCLOSED or an INNER COURT.
(46) DENSITY. The term refers to the number of families residing on, or dwelling units developed on, an acre of land.
(47) DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot or the use of open land for a new use.
(48) DISTRICT. A portion of the unincorporated area of the municipality within which certain regulations and requirements of various combinations thereof apply under the provisions of this chapter.
(49) 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.
(50) DRIVEWAY. A driveway which provides access to a parcel or premises having the required frontage on a public or private road which is built to generally accepted construction practices sufficient to provide passage for emergency vehicles and fire trucks. This passageway being of definite width, primarily for use by motor vehicles, over private property, loading from a street, other public way or private road to a garage or parking area. A horseshoe-shaped drive or a “T”-shaped drive located within a front yard is included within this definition.
(51) DWELLING UNIT. A building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
(52) DWELLING, MULTIPLE-FAMILY. A building or portion thereof, containing three or more dwelling units designed exclusively for occupancy by three or more families, living independently of each other and conforming in all other respects to the standards set forth in the definition of DWELLING, SINGLE-FAMILY, below.
(53) DWELLING, SINGLE-FAMILY. A building containing not more than one dwelling unit designed exclusively for and occupied exclusively by one family, complying with the following standards.
(a) It complies with the minimum square footage requirement: 840 square feet.
(b) It has a minimum width across any front, side or rear elevation of 24 feet and complies in all respects with the State Building 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 the standards or regulations for construction are different than those imposed by the State Building Code, then and in that event the federal or state standard or regulation shall apply.
(c) It is firmly attached to a permanent foundation constructed on the site in accordance with the State Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of a materials and type as required in the State Building Code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, the dwelling shall, in addition thereto, be installed pursuant to the manufacturer’s setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the State Mobile Home Commission and shall have a perimeter wall as required above.
(d) 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.
(e) The dwelling is connected to a public sewer and water supply or to the private facilities approved by the County Health Department.
(f) The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet 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 of the dwelling or 100 square feet, whichever shall be less.
(g) The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with a minimum roof pitch of four-twelfths and with either a roof overhang of not less than six inches to eave ends on any eave side, 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 on a side different from the first door and the second one being in either the rear or side of the dwelling; and contains steps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires the same.
1. The compatibility of design and appearance shall be determined in the first instance by the Township Zoning Administrator upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of the Zoning Administrator’s decision. 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 one or more residential dwellings located outside of mobile home parks within 2,000 feet of the subject dwelling where the area is developed with dwellings to the extent of not less than 20% of the lots situated within the area; or, where the 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 township.
2. 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.
(h) The dwelling contains no additions or rooms or other areas that 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.
(i) The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, or electrical apparatus and insulation within and connected to the 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 C.F.R. part 3280, and as from time to time the standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
(j) 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.
(k) All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable State Building Code provisions and requirements.
(54) DWELLING, TWO-FAMILY. A building containing not more than two separate dwelling units designed exclusively for occupancy by two families living independently of each other and conforming in all other aspects to the standards set forth in the definition directly above.
(55) ERECTED. Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of ERECTION.
(56) ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by the utility or municipal departments for the general health, safety or welfare.
(57) EXCAVATION. Any breaking of ground, except common household gardening and working of ground for agricultural purposes.
(58) EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 et seq.
(59) FAMILY.
(a) One or more persons related by blood, marriage or adoption, with their direct lineal descendants and including the domestic employees thereof living as a single, nonprofit housekeeping unit; or
(b) A collective number of individuals living together in one house under one head, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization, which is not a recognized religious order, nor include a group of individuals whose association is temporary and resort-seasonal in character or nature.
(60) FARM. An establishment engaged in growing crops, sod, plants, trees, shrubs, nursery stock; an establishment engaged in dairying, the maintaining or the raising of livestock and poultry, the keeping of horses, small animals, as well as other similar enterprises or uses. A FARM includes farm buildings such as barns, greenhouses, apiaries and other similar structures. A FARM’S land area includes all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees. Requirements for a FARM by this zoning ordinance are given under §§ 154.055. Additional requirements for feedlots, chicken hatcheries, poultry farms and swineries are found under § 154.109. Additional requirements for commercial/public
stables, kennels and veterinary clinics are found under § 154.115. Requirements for quarries and mining (which include the commercial removal of soil, sand, gravel, stone and other earth materials) are found under § 154.104.
(61) FEEDLOT.
(a) An animal feeding operation is a concentrated animal feeding operation for the purposes of § 122.23 (under 40 C.F.R. part 122, Appendix B) and for the purpose of defining a FEEDLOT under this zoning ordinance, if either of the following criteria is met:
SCHEDULE A
|
SCHEDULE A
| |
More than the numbers of animals specified in any of the following categories are confined: | |
(1) | 1,000 slaughter and feeder cattle |
(2) | 700 mature dairy cattle (whether milked or dry cows) |
(3) | 2,500 swine each weighing over 25 kilograms (approximately 55 pounds) |
(4) | 500 horses |
(5) | 10,000 sheep or lambs |
(6) | 55,000 turkeys |
(7) | 100,000 laying hens or broilers (if the facility has continuous overflow watering) |
(8) | 30,000 laying hens or broilers (if the facility has a liquid manure system) |
(9) | 5,000 ducks |
(10) | 1,000 animal units (all other animal types not in schedules A and B are to be calculated as 1,000 pounds live weight equals one animal unit) as a result of any combination |
(b) Not withstanding the above schedule, the following schedule shall apply in cases where one of the following conditions are met:
1. Pollutants are discharged into navigable waters through a human-made ditch, flushing system or other similar human-made device (the term HUMAN-MADE DITCH OR DEVICE means constructed by humans, and used for the purpose of transporting wastes);
2. Pollutants are discharged directly into waters of the United States which originate outside of and pass over, across or through the facility; or
3. Pollutants otherwise come into direct contact with the animals confined in the operation.
SCHEDULE B
|
SCHEDULE B
| |
Or, more than the following number and types of animals are confined: | |
(1) | 300 slaughter or feeder cattle |
(2) | 200 mature dairy cattle (whether milked or dry cows) |
(3) | 750 swine each weighing over 25 kilograms (approximately 55 pounds) |
(4) | 150 horses |
(5) | 3,000 sheep or lambs |
(6) | 16,500 turkeys |
(7) | 30,000 laying hens or broilers (if the facility has continuous overflow watering) |
(8) | 9,000 laying hens or broilers (if the facility has a liquid manure handling system) |
(9) | 1,500 ducks |
(10) | 300 animal units as a result of any combination |
(c) Provided, however, that no animal feeding operation is a concentrated animal feeding operation (feedlot) as defined above under schedule B if the animal feeding operation discharges only in the event of a 25-year, 24-hour storm event.
(d) The term ANIMAL UNIT means a unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by one, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 25 kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by two.
(62) FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(63) FLEA MARKET. A site where numerous small sellers congregate to offer a wide variety of new and previously owned things for sale at retail. A FLEA MARKET operates on an intermittent basis, such as weekends during warm weather. A FLEA MARKET is distinguished from a roadside stand (defined below), roadside sales and garage sales as to the number of sellers, the kinds of merchandise sold, the magnitude of traffic and customers generated, and days and hours of operation. A FLEA MARKET is distinguished from temporary outdoor sales (see § 154.061) and open-air businesses (see definition below, §§ 154.061 and 154.126); these two uses are separately and specifically defined for the purposes of this chapter. In this chapter flea markets are a permitted use in the GB, General Business District (see § 154.061).
(64) FLOODPLAIN. Those areas of land adjacent to the rivers, and other watercourses of the township, subject to seasonal or periodic flooding.
(65) FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior walls or from the centerline of walls separating two buildings. In particular, gross floor area includes: basement space; elevator shafts or stairwells; floor space for mechanical equipment, penthouses, balconies, mezzanines, enclosed porches and accessory buildings; attic floor space (whether or not floors have been laid) providing structural headroom of seven feet six inches. Gross FLOOR AREA shall not include: elevator or stair bulkheads, accessory water tanks or cooling towers; uncovered steps, attic space less than seven feet six inches in height, and open porches, terraces or breezeways, provided that not more than 50% of the perimeter of the terrace, breezeway or open porch is enclosed.
(66) FLOOR AREA, RESIDENTIAL. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
(67) FRONTAGES. The portion of any property abutting a public street; a corner lot and a through lot having frontage on both abutting streets.
(68) FOSTER FAMILY HOME (PRIVATE HOME). A private residence (dwelling) in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child-placing agency. PRIVATE HOME includes a full-time foster family home, a full-time foster family group home or a family day care home, as follows.
(a) FOSTER FAMILY HOME. A private home (dwelling) in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage or who are not placed in the household pursuant to the adoption code (M.C.L.A. §§ 710.21 through 710.70) are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(b) FOSTER FAMILY GROUP HOME. A private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood, marriage or who are not placed in the household pursuant to the adoption code (M.C.L.A. §§ 710.21 through 710.70) are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(69) GARAGE, COMMERCIAL. Any premise used for the storage, care, repair or refinishing of motor vehicles, but not including a place where the vehicles are for hire or sale.
(70) GARAGE, PRIVATE. An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is necessary.
(71) GARAGE, SERVICE. Any premises used for the storage or care of motor-driven vehicles, or where the vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
(72) GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.
(73) GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building GRADE shall be the level of the ground adjacent to the walls of the building if the finished ground is level. If the ground is not entirely level, the GRADE shall be determined by averaging the elevation of the ground for each face of the building.
(74) GREENBELT. A long strip of land of varying width and shape which, to major degree, is left in its natural state or which is landscaped to provide a protective screening with natural vegetation. Within this area private construction is prohibited. The purpose for the GREENBELTS is to provide for permanent open space between two or more urban areas, to retain some of the natural beauty of the region, and/or to provide protective screening.
(75) GROUP DAY CARE HOME. A private home (dwelling) in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. GROUP DAY CARE HOMES are licensed by the state under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended.
(76) HEALTH AUTHORITY. The authority and its designated agents, being full-time administrative officers of an approved township, county or district board or department of health, delegated this authority by the state.
(77) HOBBY ANIMAL PADDOCK (RESIDENTIAL). An open area confined within a fence and/or other physical barriers for keeping of hobby animals, which is well covered with grasses, clover and other vegetation useful for fodder, preventing erosion and runoff. The hobby animals must be kept at a low density, sufficient that at least 90% ground cover is maintained and there are no piles or concentrated areas of animal waste and there is no runoff of animal waste.
(78) HOME OCCUPATIONS. Any for-profit or not-for-profit accessory use customarily conducted within a residential dwelling, attached building or accessory building that meets the requirements of § 154.030.
(79) HOSPITAL. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the state, and is used primarily for in-patient
services, and including related facilities as laboratories, out-patient departments, central service facilities and staff offices.
(80) HOTEL. A series of attached, semi-detached or detached rental units which provides overnight lodging, toilet and bath facilities, and which offers meals, linen and maid service to the public for compensation. A HOTEL shall be distinguished from a motel, boarding house or bed and breakfast establishment.
(81) JUNK. Any motor vehicles, machinery, appliances, product or merchandise with parts missing, or scrap metals, or other scrap materials that are damaged, deteriorated or are in a condition which prevents their use for the purpose for which the product was manufactured. Specifically included are motor vehicles not movable under their own power.
(82) JUNK YARD. An open space where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, 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 the storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
(83) KENNEL, COMMERCIAL. Any lot or premise on which dogs, cats or other household pets are either permanently or temporarily boarded, kept or bred for commercial purposes.
(84) LABORATORY. A laboratory is a place devoted to experimental, routine study or basic study such as testing and analytical operations and in which manufacturing of product or products, except prototypes, is not performed.
(85) LANDFILL, SANITARY. A tract of land developed, designed and operated for the disposal of solid waste in a manner consistent with the following:
(a) Criteria established by Public Act 451 of 1994, being M.C.L.A. §§ 324.11503, as amended, and any rules or regulations established based on this Act;
(b) The county’s adopted Solid Waste Management Plan; and
(c) Applicable township ordinances.
(86) LANDOWNER. The legal or beneficial owner or owners of all the land proposed to be used or developed. The holder of an option or contract to purchase, or other persons having an enforceable proprietary interest in the land, shall be deemed to be LANDOWNER for the purpose of this chapter.
(87) LANDSCAPING. The treatment of the ground surface with live or synthetic materials such as, but not limited to, grass, ground cover, crushed stone, trees, shrubs, vines and other growing or synthetic horticultural material. Structural features such as fountains, shadow pools, statues, garden walls, pathways, benches and the like shall also be considered elements of LANDSCAPING, but the structural features alone shall not meet the spirit and intent of landscaping requirements.
(88) LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
(89) LIVESTOCK BUILDING. See the definition of BARN.
(90) LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
(91) LOT. A parcel of land occupied, or intended to be occupied by a main building or a group of the buildings 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 may or may not be specifically designated as such on public records.
(92) LOT, CORNER. A lot where the interior angle or two adjacent sides at the intersection of two streets is less than 135 degrees. 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 than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees. (See illustration, next page.)
(93) LOT, INTERIOR. Any lot other than a corner lot. (See illustration, next page.)
(94) LOT, THROUGH. Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of the lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
(95) LOT, ZONING. 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. 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 one or more lots of record.
(96) LOT AREA. The total horizontal area within the lot lines of the lot. (See illustration, next page.)
(97) LOT COVERAGE. The part or percent of the lot occupied by buildings, including accessory buildings.
(98) LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(99) LOT LINES. The lines bounding a lot as defined herein.
(100) LOT OF RECORD. A parcel of land that was lawfully created prior to the existence of any zoning districts in the township or that has been lawfully created since, the dimensions of which are shown on a document or map on file with the County Register of Deeds and which actually exists as so shown, or any part of the parcel held in a recorded ownership separate from the remainder thereof.
(101) LOT WIDTH. The straight line horizontal distance between the side lot lines measured at the two points where the minimum required front setback line intersects with the side lot lines. If the side lot lines are not parallel, the WIDTH of the lot shall be the straight line horizontal distance between the side lot lines measured along a line intersecting the axis of the lot at a right angle at a distance equal to the minimum required front setback. The axis of a lot shall be a line joining the midpoint of the front and rear lot lines. (See illustration below.)
LOTS: CORNER, THROUGH AND INTERIOR.
(1) FRONT LOT LINE. In the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot, or double frontage lot, is that line separating the lot from either street (see definition of STREET).
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separati ng a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
(102) MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
(103) MAJOR THOROUGHFARE. A hard surfaced, arterial road or street which is intended to serve as a large-volume traffic-way for both the immediate municipal area and the region beyond, and is designated as a MAJOR THOROUGHFARE, state highway, county primary road or equivalent term on the Township Thoroughfare Plan (as prepared by the County Road Commission) and has a planned right-of-way of at least 120 feet.
(104) MANUFACTURED HOME. A dwelling unit that is designed for long-term residential occupancy and is wholly or largely fabricated at an off-site location.
(105) MANUFACTURED HOME CONDOMINIUM PROJECTS. A parcel of land under joint ownership that has been planned and improved for the placement of manufactured (sometimes called “mobile”) homes for non-transient use, upon individual, separate condominium unit envelopes.
(106) MANUFACTURED HOME LOT OR SITE. A parcel of land for the placement of a single manufactured (sometimes called “mobile”) home and exclusive use of its occupants within a licensed manufactured or mobile home community (previous known as “park”), a condominium project or subdivision project or development.
(107) MANUFACTURED HOME STAND. The part of an individual lot that has been reserved for the placement of the manufactured (sometimes called “mobile”) home, appurtenant structures or additions.
(108) MANUFACTURED HOME SUBDIVISION. A parcel of land under single ownership that has been planned and improved for the placement of manufactured (sometimes called “mobile”) homes for non-transient use on individual lots and for the purpose of selling the lots.
(109) MANUFACTURED HOUSING. A structure, transportable in one or more sections, that is built on a chassis and designed to be used with or without a permanent foundation as a dwelling unit when connected to required utilities, and the plumbing, heating air conditioning and electrical systems contained within the structure.
(110) MANUFACTURED HOUSING COMMUNITY. A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis and which are offered to the public for that purpose. A recreational vehicle park or campground is not a manufactured home park. The older term MANUFACTURED HOME PARK may appear in portions of this chapter.
(111) MANUFACTURED HOUSING COMMUNITY LICENSE. A written license issued by the Manufactured Housing Commission allowing a person to operate and maintain a manufactured housing community under the provisions of Public Acts 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended, and this chapter and regulations issued hereunder. The older term MOBILE HOME PARK may appear in portions of this chapter.
(112) MARGINAL ACCESS STREET. A service street or roadway parallel to a major thoroughfare or arterial street and which provides access to abutting properties and protection from through traffic.
(113) MASSAGE PARLORS. An establishment, unless otherwise licensed by the state, restricted to persons over the age of 18 and used for housing equipment and employing persons who give massages, body rubs or muscle-relaxing exercises to other persons, necessitating human contact between the employee and another person.
(114) MASTER DEED. The condominium document recording the condominium project as approved by the township, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan.
(115) MASTER PLAN.
(a) The Comprehensive Master Plan for the township, 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.
(b) The PLAN may or may not be adopted by the Planning Commission and/or the Township Board.
(116) MEMBERSHIP ORGANIZATIONS.
(a) Includes community service clubs, lodges, church halls, catering or renting halls, fraternal organizations and the like.
(b) In this chapter, MEMBERSHIP ORGANIZATIONS are a permitted use in the General Business District.
(117) MEZZANINE. An intermediate floor in any story occupying not more than one-third of the floor area of the story. (See illustrations with the definition of BASEMENT.)
(118) MINI-WAREHOUSE. A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer’s goods or wares.
(119) MOBILE HOME.
(a) A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.
(b) MOBILE HOME does not include a recreational vehicle (e.g., a vehicle designed and used as temporary living quarters for recreational, camping or travel purposes, or a vehicle having its own motor power, or a vehicle moved on or drawn by another vehicle). Also referred to as a MANUFACTURED HOME in this chapter.
(120) MOBILE HOME COMMUNITY. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park. The older term MOBILE HOME PARK may also be used in portions of this chapter.
(121) MOBILE HOME DEVELOPMENT. A parcel of land under single ownership which has been planned and improved for the placement of a mobile home for non-transient use, for the exclusive use of the owner, with other similar parcels of land in the adjoining properties.
(122) MODULAR HOME. A dwelling built to meet the State Building Code that consists of prefabricated sections transported to the site on a removable undercarriage or flat bed and assembled for permanent location on the lot or parcel.
(123) MOTEL OR MOTOR COURT.
(a) A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle as a facility for temporary residence.
(b) A MOTEL OR MOTOR COURT shall be distinguished from a boarding house, bed and breakfast establishment or hotel.
(124) MOTOR HOME. A self-propelled, licensed vehicle on a chassis, intended for recreation activities and temporary occupancy.
(125) MUNICIPALITY. The Township of Burtchville.
(126) NOISE. Sound vibrations that annoy, injure or endanger the comfort, repose, health or safety of another person(s), unless the making and continuing of the noise is necessary for the protection or preservation of property or the health, safety, life or limb of a person(s).
(127) NONCONFORMING LOT. A lot that exists as a legal lot of record and that existed as a legal lot of record at the effective date of adoption or amendment of this chapter and that does not conform to the lot requirements of this chapter.
(128 ) NONCONFORMING STRUCTURE. A lawful structure that existed at the effective date of adoption or amendment of this chapter and that could not be built under the terms of this chapter by means of restrictions on area, lot coverage, height, yards or other dimensional requirements.
(129 ) NONCONFORMING USE. A use that lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
(130) NUDE MODELING STUDIO. An establishment restricted to persons over the age 18 used for housing and exhibiting persons in the nude acting as models for other persons to paint, photograph, videotape, draw, sketch or the like.
(131) NUISANCE FACTORS. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, invasion of non-abutting street frontage.
(132) NURSERY, PLANT MATERIALS. A space, building or structure, or combination thereof, for the growing and storage of live trees, shrubs or plants offered for 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.
(133) OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of vehicles.
(134) OPEN AIR BUSINESS USES. Open air business uses shall be interpreted to include the following uses:
(a) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies, and home improvement equipment such as lawn mowers, fertilizer spreaders, lawn rollers and the like;
(b) Retail sale of fruits and vegetables;
(c) Rental or sale of bicycles, recreational vehicles, mobile homes, trailers, motor vehicles, boats or small hand equipment; and
(d) Outdoor display and sale of garages, swimming pools and similar uses.
(135) OPEN FRONT STORE. A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter it. The term OPEN FRONT STORE shall not include automobile repair stations or automobile service stations.
(136) PARKING SPACE. An area of defined length and width that is fully accessible for the parking of permitted vehicles. The area shall be exclusive of drives, aisles or entrances giving access thereto.
(137) PERSONAL USE LANDING FIELD. Any location, either on land or water, which shall be used for the landing or take-off of aircraft with safety, solely for the use of the owner of the property, and which is not equipped with commercial facilities for the shelter, supply or repair of aircraft.
(138) PLANNING COMMISSION. The “Burtchville Township Planning Commission”.
(139) POND. A body of water usually smaller than a lake, artificially created by embankment or excavation.
(140) PORCH, OPEN. A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
(141) PRE-MANUFACTURED UNIT. An assembly of materials or products intended to comprise all, or part of, a building or structure, and which is assembled at other than the final location of the unit by a repetitive process under circumstances intended to ensure uniformity of quality and material content.
(142) PREMISES FOR NUDE ENTERTAINMENT. An establishment that is restricted to persons over the age of 18 and used for housing and exhibiting persons in the nude or “specific anatomical areas” (as defined below) of the human body.
(143) PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.
(144) PRIVATE ROAD. A privately owned and maintained road or road easement (excluding a shared driveway) allowing access to more than one parcel or premises complying with the requirements of the private road provisions of the township, codified herein as §§ 156.01 through 156.10, and 156.99 (including a privately owned and maintained easement for ingress and egress, whether pre-existing or not).
(145) PUBLIC USE AIRPORT. Any location, either on land or water, which is used for the landing or take-off of aircraft, which provides facilities for the shelter, supply or care of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas, used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. AIRPORTS may include commercial activities or operations such as the sale of gasoline or oil, the soliciting or engaging in charter flying or student instruction, the provision of shelter or the tie-down of an aircraft, the overhaul or repair of an aircraft or engines, or otherwise offering aeronautic facilities or services to the public. A PUBLIC USE AIRPORT shall be distinguished from personal use landing fields.
(146) PUBLIC UTILITY. A person, firm or corporation, municipal department, board of commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
(147) QUARRY. Any pit, excavation or mining operation for the purpose of searching for, or removing for commercial purposes, any earth, sand, gravel, clay, stone or other mineral in excess of 200 cubic yards in any calendar year, but shall not include an oil well or excavation in preparation for construction of a building, structure or roadway.
(148) RESTAURANT, CARRY-OUT. A carry-out restaurant is any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation includes both of the following characteristics:
(a) Foods, frozen desserts or beverages are usually served in edible containers or paper, plastic or other disposable containers; and
(b) The consumption of foods, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and the prohibition is strictly enforced by the restaurateur.
(149) RESTAURANT, DRIVE-IN. Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design, method of operation or any portion of whose business includes one or both of the following characteristics:
(a) Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means that eliminate the need for the customer to exit the motor vehicle; and/or
(b) The consumption of foods, frozen desserts or beverages within motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is allowed, encouraged or permitted.
(150) RESTAURANT, FAST-FOOD. Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out consumption off the premises, and whose design or principal method of operation includes both of the following characteristics:
(a) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers; and
(b) The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and the prohibition is strictly enforced by the restaurateur.
(151) RESTAURANT, STANDARD. Any establishment whose principal business is the sale of foods, frozen deserts or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
(a) Customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which those items are consumed; and/or
(b) A cafeteria-type operation where foods, frozen desserts or beverages generally are consumed within the restaurant building.
(152) ROADSIDE STAND. A temporary open front stand so designed that service to the patron does not require entering the building, and used solely for the sale of farm products and for sale of the by-products of agricultural produce.
(153) ROOM. For the purpose of determining the lot area requirements and density in a multiple-family district, a room is 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 having one, two or three 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.
(154) ROOMING HOUSE. A building or part thereof, other than a hotel, where sleeping accommodations are provided for hire and where meals may be regularly furnished.
(155) RUBBISH. The miscellaneous waste materials resulting from housekeeping, mercantile enterprise, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.
(156) SATELLITE DISH ANTENNA. A device incorporating a reflective surface that is solid, open mesh or bar configuration and is in the shape of a shallow dish, parabola, cone or horn. The device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas which have a dimension greater than one meter (3.3 feet) in residential districts or greater than two meters (6.6 feet) in nonresidential districts.
(157) SAUNA or OPEN BATH HOUSE. An establishment open to the public used for equipment and housing of apparatus wherein members of the public may have a steam bath or hot water bath.
(158) SETBACK. The distance required to obtain front, side or rear yard open space provisions of this chapter.
(160) SHORT TERM RENTAL. The rental of a single-family residential home for a period of at least seven but less than 30 days.
(162) SITE CONDOMINIUM. For the purposes of this chapter, a site condominium is a subdivision of land created and recorded pursuant to the Condominium Act (Public Act 59 of 1978, being M.C.L.A.
§§ 559.101 through 559.272, as amended), and the provisions of this chapter, containing two or more units of land designed and intended for separate ownership and use, and which may or may not contain general and limited common elements. Except as otherwise specifically provided, a condominium unit is not a “lot” or “parcel” as those terms are used in this chapter.
(163) SOIL REMOVAL. The removal of any kind of soil or earth matter that includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household gardening and general farm care.
(164) SPECIAL APPROVAL LAND USES. This definition is based upon the division of the township into districts, in each of which are permitted specified uses that are mutually compatible. In addition to the permitted compatible uses, however, certain other uses may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, there is a need to carefully regulate them with respect to their location for the protection of the community. These USES, due to their particular location needs or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.
(165) SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, post-pubertal female breast below a point immediately above the top of the areola; human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(166) SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, fellatio, cunnilingus, sodomy, bestiality or flagellation; fondling or other erotic touching of human genitals, pubic region, buttocks or post-pubertal female breast.
(167) STABLE, COMMERCIAL. A stable other than a private stable, where horses are boarded or are for hire or sale.
(168) STABLE, PRIVATE. A structure or shelter where horses that are owned by the immediate family are kept, where the horses are not boarded and are not maintained for the purpose of hire or sale.
(169) STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A STORY thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground. See illustrations under the definition for BASEMENT.
(170) STORY, HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet, six inches. For the purposes of this chapter, the USABLE FLOOR AREA is only that area having at least four feet clear height between floor and ceiling.
(171) STREET. A public thoroughfare, other than an alley, which affords the principal means of access to abutting property and which has been officially accepted as a public street or thoroughfare. Except that, in the case of a “site condominium”, as defined and as regulated by this chapter, the principal means of access to abutting “units of ownership” shall be considered a STREET, provided it is constructed and maintained to meet the same standard for public streets within the township, as established by the County Road Commission or by the township, whichever standard shall be higher. The STREETS within a “site condominium” may be dedicated to the public or may be owned and maintained by the association of co-owners.
(172) STRUCTURE. Anything constructed, placed or erected, to include, but not limited to, all buildings, and including satellite dish antennae in excess of three feet in diameter. Excluded are fences, sidewalks, paving on streets, driveways, parking areas and patios.
(173) STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof, or any additional floor space added to the building.
(174) SUBDIVISION REGULATIONS. The regulations governing the subdivision of land, providing the procedure for the preparation and filing of plats, tentative approval of preliminary plats, submission of record of final plats, approval of the plat by the Township Board, providing for platting regulations and requirements in regard to conformity to the township’s Master Plan.
(175) TEMPORARY USE OF BUILDING. A use or building permitted by the Zoning Administrator to exist during periods of construction of the main building or use, or for special events.
(176) TENTS. A shelter of canvas, fiberglass, aluminum or the like, including those shelters used for temporary garages, supported by poles and fastened by cords or pegs driven into the ground, and shall not include those types of tents used solely for recreational purposes.
(177) TOURIST HOME. A dwelling in which overnight accommodations are provided or offered for transient guests.
(178) USE. The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
(179) USE, CHANGE OF. A modification or deviation from the original purpose, occupancy, utilization or classification of a building, structure or parcel or tract of land. The term is inclusive of: a discernible increase in the intensity of use, which by ordinance imposes more restrictive parking requirements or other more restrictive characteristics of use; or an alteration by change of use in a building heretofore existing to a new use group, as defined in the State Building Code, which imposes other special provisions of law governing building construction equipment or means of ingress/egress.
(180) USE, INCREASE IN THE INTENSITY OF. A discernible increase in the level or volume of activity generated by a change in use or an increase in floor area or an increase in land area configurations.
(181) UTILITY STRUCTURE. Facilities related to and necessary for the operation of: oil, gas, water pipelines, sewer pipelines, electrical transmission lines, telephone and telegraph lines, oil and gas wells and underground storage fields. Included are such facilities as pumping stations, compressor stations, transformer stations and switching stations.
(182) VARIANCE. A modification of the literal provisions of this chapter, granted when strict enforcement of this chapter would cause undue hardship, owing to circumstances unique to the individual property on which the variance is granted.
(183) YARDS. The unoccupied and unobstructed open spaces from the ground upward on the same lot with a main building except as otherwise provided in this chapter (§ 154.078), and as defined herein.
(a) 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 wall of the building.
(b) REAR YARD. An open space extended 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 wall of the building. In the case of a corner lot, the REAR YARD may be opposite either street frontage.
(c) SIDE YARD. An open space between a main building shall include appliances or fixtures attached or closely associated with the main building including air conditioning units, porches, chimneys and the like, 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 wall of the building.
(d) REQUIRED YARD. The portion of a front, side or rear yard lying between the front, side or rear lot line and the corresponding front, side or rear minimum setback line.
(184) ZONING COMPLIANCE PERMIT. A document signed by the Zoning Administrator, as required in this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, which acknowledges that the use, structure or building complies with the provisions of this chapter, or authorized variance therefrom.
(185) A/C UNIT AND GENERATOR LOCATIONS. All permanently mounted A/C unit and generators are to abide by side yard setbacks, the same as the main structure.
(186) DECK. An unenclosed platform structure above the mean yard grade.
(187) PATIO. An unenclosed platform structure at mean yard grade.
(188) ORDINARY HIGH WATER MARK. Determined by the state or federal government as applicable and as may be amended by the state or federal government from time to time.
(Ord. passed 6-28-2006; Ord. passed 7-6-2008; Ord. passed 10-20-2008; Ord. passed 1-22-2009; Ord. passed 7-6-2010; Ord. passed 4-17-2017)