§ 152.007 DEFINITIONS.

ADULT FOSTER CARE CONGREGATE FACILITY. A facility licensed under Public Act 218 of 1979 being M.C.L.A. §§ 400.701 through 400.737, to provide foster care for more than 20 adults.

ADULT FOSTER CARE FAMILY HOME. A private residence licensed under Public Act 218 of 1979 for 6 or fewer adults to be provided with foster care for 5 or more days a week and for 2 or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee is a member of the household and an occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME. A facility licensed under Public Act 218 of 1979 to provide foster care for at least 13 but not more than 20 adults.

ADULT FOSTER CARE MEDIUM GROUP HOME. A facility licensed under Public Act 218 of 1979 to provide foster care for at least 7 but not more than 12 adults.

ADULT FOSTER CARE SMALL GROUP HOME. A facility licensed under Public Act 218 of 1979 to provide foster care for 12 or fewer adults.

AGRICULTURE. The art or science of cultivating the ground; the production of crops or livestock on a farm or activities classified as a bona fide agricultural practice by the Michigan Department of Agriculture under the Right to Farm Act; excluding commercial greenhouses, the sale of nursery stock, riding stables, mink, fox and similar so-called fur farms, hog or poultry farms using garbage as a feed, and processing of milk other than milk produced on the farm on which the processing is located.

AIRCRAFT LANDING FIELD (PRIVATE). The use of land for the landing or taking off of aircraft by a proprietor residing in a housing unit contiguous to the site of the aircraft landing strip, and may include facilities for the shelter of aircraft but does not include the boarding or care of aircraft owned by other than occupants of the housing units in common ownership with the aircraft landing strip.

AIRPORT/AIRCRAFT TERMINAL. The use of land for the landing or taking off of aircraft, which provides facilities for shelter, supply or care of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or acquired for airport buildings or other airport facilities.

ALLEY. A public thoroughfare or way, not over 30 feet in width, which affords only secondary means of access to the abutting property.

ALTERED. Any change in the use of or in the supporting members of a building, such as bearing walls, columns, posts, beams, girders and similar components.

APARTMENT UNIT. One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than 2 dwelling units.

AUTOMOBILE REPAIR. The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

BASEMENT. That portion of a building partly below the average grade and 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 (see illustration).

BLOCK. A piece of land bounded on all sides by transportation routes such as streets or railroad lines, or corporate boundary lines of the municipality or physical barriers such as water bodies or public open space.

BUILDING. Any structure (excluding fences) having a roof or walls and built for, or capable of, the shelter or enclosure of persons, animals, chattels or property of any kind.

BUILDING ENVELOPE. The ground area occupied or to be occupied by the principal structure and any permissible detached accessory structure/building which is or is intended to be placed on a building site, and including all areas within the setbacks as found in § 152.100. For parcels without public sewer, the areas for septic systems including any reserve areas, per County Health Department approval, shall be exempted from the building envelope.

BUILDING, HEIGHT OF. The vertical distance from the grade at the center of the front of the building to the highest point of the roof surface in a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridge for gable, hip and gambrel roofs (see illustration).

BUILDING INSPECTOR. An administrative official designated by the governing body with the responsibilities of administering and enforcing the Township Building Code.

BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, a minimum BUILDING LINE is the same as a front setback line (see illustration).

BUILDING SITE. A lot of record/parcel of land or that portion of a site condominium consisting of the condominium unit, and limited common element, intended for the exclusive use of less than all the co-owners.

BUTCHERING. The killing and dressing of animals for meat.

CHILDCARE CENTER. A childcare facility other than a private home in which 1 or more children are received for care and supervision.

CLINIC. An establishment where human patients who are not lodged overnight are admitted for examinations and treatment by a group of physicians, dentists or similar professionals.

CLINIC, VETERINARY (ANIMAL HOSPITAL). A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. These establishments may or may not have outdoor run facilities present on-site for the animals.

COMMON ELEMENTS. Portions of the condominium project other than the condominium units.

(1) GENERAL COMMON ELEMENTS. Means and includes:

(a) The land in the condominium project;

(b) The foundations, main walls, roofs, halls, lobbies, stairways, entrances, exits or communication ways;

(d) The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated;

(e) 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;

(f) The elevators, incinerators and, in general, all devices or installations existing for common use; and

(g) 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.

(2) 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.

COMMUNITY BUILDING. Any public or public utility building.

CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.

CONDOMINIUM PROJECT. A plan or project consisting of not less than 2 condominium units established in conformance with the Condominium Act.

CONDOMINIUM SUBDIVISION PLAN. Site, survey, and utility plans; floor 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.

CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate fee simple ownership and use, as described in the master deed.

CONVALESCENT OR NURSING HOME. A nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Public Act 152 of 1985, as amended, being M.C.L.A. §§ 36.1 to 36.12, which provides organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury or infirmity.

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 the material or substance.

DISTRICT. Each part or parts of the unincorporated area of the township for which specific zoning regulations are prescribed.

DWELLING, MULTIPLE. A dwelling designed for occupancy by 3 or more families living independently of each other and having separate cooking and kitchen accommodations and sanitary facilities.

DWELLING, ONE UNIT. A dwelling occupied and so designed and arranged as to provide living, cooking, sleeping and sanitary accommodations for 1 family.

DWELLING, TWO UNIT. A dwelling occupied and so designed and arranged as to provide living, cooking, sleeping and sanitary accommodations for 2 families living independently.

DWELLING UNIT. A building, or portion thereof, designed for occupancy by 1 family for residential purposes and having sanitary and cooking facilities.

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, 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 shall include dwelling units constructed of precut materials and panelized wall, roof and floor sections when the sections require substantial assembly and finishing on the premises which are intended to serve as its final location.

EFFICIENCY APARTMENTS. A dwelling which combines the bedroom, cooking, and living area into 1 room, but which has its own private, separate bathroom.

ERECTED. Includes built, constructed, reconstructed, moved upon or any physical operation on the land required for building, including but not limited to excavating, filling, draining and similar operations.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or communication, supply or disposal systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection with, but not including buildings.

EXCAVATION OF GRAVEL, SAND, TOPSOIL, OR EARTH. Premises from which any rock, gravel, sand, topsoil or earth in excess of 50 cubic yards in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or within public highway rights-of-way.

EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with the condominium regulations of the zoning ordinance and the Condominium Act.

FAMILY. Any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage or adoption, including the domestic employees thereof. Any group of persons not so related, but inhabiting a single housekeeping unit, shall be considered to constitute 1 FAMILY for each 6 persons, exclusive of domestic employees, contained in the group.

FAMILY DAYCARE HOME. A private home licensed under Public Act 116 of 1973 in which up to 6 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. It includes a home that gives care to an unrelated child for more than 4 weeks during a calendar year.

FARM. A parcel of land that must consist of 10 acres or more in size with at least 51% of property, per tax parcel, engaged in active agricultural.

(Am. Ord. 416, passed 2-9-2006)

FARM BUILDINGS. Any structure or building other than a dwelling used or built on a farm.

FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings. The FLOOR AREA of a building shall not include the basement floor area except when more than ½ of the basement height is above grade. FLOOR AREA shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of 7 feet, 10 inches or more, interior balconies and mezzanines. Any space devoted to off-street parking or loading shall not be included in FLOOR AREA.

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 2 dwellings. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

FLOOR AREA, USABLE. That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. This FLOOR AREA which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of USABLE FLOOR AREA shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls (see illustration).

FOSTER FAMILY HOME. A private home licensed under Public Act 116 of 1973 in which 1 but not more than 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 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.

FOSTER FAMILY GROUP HOME. A private home licensed by the Michigan Department of Social Services in which more than 4 but less than 7 children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.

FRONTAGE. All the property fronting on 1 side of a street between intersecting or intercepting streets, or between a street and right-of-way, waterway, end of a dead-end street or township boundary measured along the street line.

GARAGE, PRIVATE AND PUBLIC. Any building for the storage of self-propelled vehicles or trailer coaches, where no storage or servicing for hire is conducted, is a PRIVATE GARAGE. A PUBLIC GARAGE is one which is not a PRIVATE GARAGE.

GARAGE/YARD/BARN/MOVING/RUMMAGE SALE. A temporary general sale of household or personal belongings which shall be allowed to continue for a period of no more than 7 continuous days, or 2 consecutive weekends, and shall be limited to a maximum of 2 times per calendar year at the same location.

GOLF COURSE. An open area of fairways, greens and rough; a GOLF COURSE may include clubhouse and related accessory uses, provided that all structures and activities shall be an integral part of the intended main recreational land use. Further, all clubhouse, restaurant, pro–shop facilities and the like shall be secondary in nature to the GOLF COURSE and may not be continued if the principal GOLF COURSE activity shall cease or become the minor activity of the facility.

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 grade 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.

GROUP DAYCARE HOME. A private home licensed under Public Act 116 of 1973 in which more than 6 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 child care home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

HEALTH CARE FACILITY. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis and treatment of human disease, pain, injury, deformity or physical condition allowing overnight stay, including but not limited to a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, out-patient clinic, dispensary, home health care agency, and bioanalytical laboratory or central services facility serving 1 or more such institutions, but excluding institutions that provide healing solely by prayer, and clinic facilities of physicians, dentists and optometrists, and other health practitioners.

HOME FOR THE AGED (CONGREGATE CARE). A supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home, or county medical care facility, that provides room, board, and supervised personal care to 21 or more unrelated, non-transient individuals 60 years of age or older. HOME FOR THE AGED includes a supervised personal care facility for 20 or fewer individuals 60 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home.

HOME OCCUPATION. An accessory use of a residence. It shall be clearly secondary to the use of the parcel as a residence. The HOME OCCUPATION shall take place within the primary structure and be limited to no more than 25% of the total actual floor area. A resicent must be the primary employee.

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

JUNKYARD. The storage, selling or keeping of abandoned junk, including scrap metals or other salvaged or scrap materials or items commonly known as junk, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The keeping of more than 1 dismantled or inoperative motor vehicle shall be deemed to be the maintenance of a JUNKYARD.

KENNEL. The keeping of 4 or more dogs at least 4 months old by 1 family or commercial establishment, except for veterinary clinics.

LOADING SPACE. An off–street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

LODGING HOUSE. A building, other than a hotel, or cabin, where 4 or more persons other than members of the family are lodged for compensation.

LOT. A parcel of land.

LOT AREA. The total horizontal area within the lot lines of the lot.

LOT, CORNER. A lot where the interior angle of 2 adjacent sides at the intersection of 2 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 radius less than 150 feet and the tangents to the curve, at the 2 points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

LOT COVERAGE. That part or percentage of the lot covered by buildings, including accessory buildings.

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

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

LOT LINES. The lines bounding a lot as defined herein:

(1) FRONT PROPERTY LOT LINE (RIGHT-OF-WAY LINE). In the case of an interior lot, that line separating the lot from the street. In the case of a corner lot or double frontage lot, it is that line separating the lot from either street.

(2) REAR (PROPERTY) LOT LINE. That 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 10 feet long lying farthest from the front lot line and wholly within the lot.

(3) SIDE (PROPERTY) 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 separating a lot from another lot or lots is an interior SIDE LOT LINE.

LOT OF RECORD. A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Whenever an owner has combined 2 or more lots as contained on any recorded plat into a single building site, or combined 2 or more lots contained on any recorded plat in the records of the Township Assessor or Treasurer, the combination of lots shall be deemed to be a single LOT OF RECORD for the purposes of this chapter.

LOT, REVERSE FRONTAGE. A through lot which is not accessible from 1 of the parallel or non- intersecting streets upon which it fronts.

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

LOT WIDTH. The horizontal straight line distance between the side lot lines, measured between the 2 points where the front setback line intersects the side lot lines (see illustration).

LOT, ZONING.

(1) 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 developed as a tract to be used, developed or built upon as a unit, under single ownership or control of property.

(2) A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A ZONING LOT, therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include 1 or more lots of record.

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

MAIN USE (PRINCIPAL USE). The principal use to which the premises are devoted and the principal purpose for which the premises exist.

MASTER DEED. The condominium document recording the condominium project, 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.

MEDICAL MARIJUANA CLUB/COMPASSION CLUB. A facility or organization that offers patients and caregivers the opportunity to connect with others for the purpose of providing referral services, education, community outreach, and use of medical marijuana in a completely enclosed building allowed under the Michigan Medical Marijuana Act of 2008. This facility shall not be used for the storage, dispensary, sale, growth, cultivation, processing, or packaging o medical marijuana at any time.

MEDICAL MARIJUANA DISPENSARY. A facility, jointly owned or operated by 1 or more “primary caregivers”, with a maximum of 1 “primary caregiver” operating for every 1,000 square feet of building, where marijuana is stored, dispensed, or offered for sale to “qualifying patients” as defined under the Michigan Medical Marijuana Act of 2008 or M.C.L.A. § 333.26421 and where marijuana may also be grown, cultivated, processed and/or packaged. A “primary caregiver”, “qualifying patient”, and marijuana shall have the meanings ascribed to them in the Michigan Medical Marijuana Act of 2008 or M.C.L.A. §§ 333.26423 et seq.

MEDICAL MARIJUANA GROWING FACILITY. A facility, owned or operated by 1 or more “primary caregivers”, with a maximum of 1 “primary caregiver” operating for every 1,000 square feet of building, where marijuana is grown, cultivated, processed and/or packaged to “qualifying patients” as defined under the Michigan Medical Marijuana Act of 2008 or M.C.L.A. § 333.26421. A “primary caregiver”, “qualifying patient”, and “marijuana” shall have the meanings ascribed to them in the Michigan Medical Marijuana Act of 2008 or M.C.L.A. § 333.26423.

MINI-WAREHOUSE (SELF-STORAGE FACILITY). A facility consisting of a building or a group of buildings in a controlled-access compound, where individual stalls or lockers are rented out to different tenants for the dead storage of customers’ goods and wares.

MOBILE HOME. A structure, transportable in 1 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.

MOBILE HOME PARK. A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incidental to the occupancy of a mobile home.

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

NONCONFORMING LOT. Any lot, outlot or other parcel of land which does not meet the land area or dimension requirements of this chapter.

NONCONFORMING STRUCTURE. A structure conflicting with the regulations in the district in which it is located.

NONCONFORMING USE. The use of land or a structure for purposes which conflict with the provisions of this chapter.

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: sound; dust; smoke; odor; glare; fumes; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; sound of congregation of people, particularly at night; passenger traffic; invasion of nonabutting street frontage by traffic. Excepted are bona fide agricultural practices as provided for in the Right to Farm Act.

OPEN AIR BUSINESS USE. As used herein, shall be deemed to include any of the following businesses when the business is not conducted from a wholly enclosed building:

(1) Bicycle, trailer, motor vehicle, boats or home equipment sale or rental services;

(2) Outdoor display and sale of garages, swimming pools and similar uses;

(3) Retail sale of trees, fruits, vegetables, shrubbery, plants, seed, topsoil, humus, fertilizer, trellis, lawn furniture, playground equipment, and other home garden supplies and equipment;

(4) Tennis courts, archery courts, gun range, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park or similar recreation uses; and

(5) Flea market for the sale of a variety of new or used goods.

PARKING SPACE, AUTOMOBILE. Space within a parking area or building, exclusive of driveways, ramps, columns, office and work area for the parking or storage of 1 automobile.

PARKING AREA, PUBLIC. An area, other than a street, used for temporary parking of more than 4 vehicles and available for public use, either free or for compensation.

PEN. A structure used to house, shelter or enclose an animal associated with a farm operation, either temporarily or permanently.

PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized under municipal regulation to furnish and furnishing, transportation, water, gas, electricity, telephone, steam, telegraph sewage disposal and other similar services to the public.

RECREATIONAL VEHICLE. A vehicle which moves 1 or more persons over the ground, water, ice or snow, and which is either self-propelled or connects to a vehicle which is self-propelled. This definition of RECREATIONAL VEHICLE includes but is not limited to snowmobiles, travel trailers, motor homes, motorcycles, mini-bikes, go-carts, boats and ice-boats.

RECREATIONAL VEHICLE PARK. A campground designed to accommodate those recreational vehicles which are used as a temporary dwelling and are not parked more than 6 consecutive months in any 1 RECREATIONAL VEHICLE PARK.

RESTAURANT.

(1) CARRY-OUT RESTAURANT. 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 encourages the consumption of food off–site or it may permit incidental consumption on the premises.

(2) DRIVE-IN/DRIVE–THROUGH RESTAURANT. 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 and method of operation, includes 1 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 which eliminate the need for the customer to exit the motor vehicle; and/or

(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 permitted.

(3) STANDARD RESTAURANT. 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 principal method of operation includes consumption on the premises.

RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied, or occupied by, a road, utility or other similar uses.

ROADSIDE STAND. A structure used solely by the owner, manager or tenant of the land on which it is located for the sale of produce grown on the land. This does not allow the sale of produce or other commodities on state or county road right-of-way; and provided that customers will not be permitted to stand or park on the public right-of-way.

SETBACK. Distance from the right-of-way lines of streets or side or rear property lines, to the building line, for the purpose of defining limits within which no building or structure, or any part thereof, shall be erected or permanently maintained.

SIGN. Any announcement, declaration, display, billboard, illustration and insignia when designed and placed so as to attract general public attention, and shall include the use of any words, numerals, figures, devices, designs or trademarks by which anything is made known and visible to the general public, such as are used to show an individual firm, profession, business, or business location, and also any banner, bulbs or other lighting devices, streamer, pennant, balloon, propeller, flag (other than the official flag of any nation or state) and any similar device of any type or kind, whether bearing lettering or not.

SITE CONDOMINIUM. A condominium development in which property rights in land (rather than airspace) are divided under the authority of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272.

SPECIAL CONDITION USE. Any use of land listed as a “principal use permitted subject to special conditions” which, due to its potential effect on adjacent lands, in particular, and the overall township in general, requires approval by the Township Board according to the standards as provided in this chapter.

STORY. That part of a building included between the surface of any floor and the surface of the floor or roof next above. When the distance from the average established grade to the ceiling of a STORY partly below such grade exceeds 50% of the total distance from the floor to the ceiling, then the basement or cellar constituting the story partially below grade shall be counted as a STORY.

STORY, HALF. A story which is situated within a sloping roof, the area of which at a height 4 feet above the floor does not exceed 2/3 of the floor area directly below it.

STREET. A public thoroughfare which affords a principal means of access to abutting property.

TOURIST HOME (BED AND BREAKFAST ESTABLISHMENT). Primarily a family dwelling where lodging with or without meals is furnished for compensation, chiefly on an overnight basis and mainly to transients, but not necessarily to anyone who may apply, where:

(1) Not more than 25% of the total floor area of the dwelling unit is used for bed and breakfast sleeping rooms;

(2) There are no separate cooking facilities used for the bed and breakfast stay;

(3) Signs may be permitted in accordance with § 152.089, permitted signs in the residential and agricultural districts, for professional signs or name plates.

TOWNHOUSE. Two, 3 or 4 single-family residences, attached by common walls, each with its own separate exterior entrance.

TRAVEL TRAILER. Any vehicle used, or so constructed as to permit its being used, as a conveyance upon the public streets or highways, and duly licensable as such, so designed, constructed or added to by means of accessories in such manner, as will permit the occupancy thereof as a dwelling or sleeping place for 1 or more persons.

UNDEFINED TERMS. Any term not defined herein shall have the meaning of common or standard use.

USABLE FLOOR AREA. For purposes of computing parking, that area used for or intended to serve patrons, clients or customers. That floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

USE. The purpose for which land structure, or building thereon is designed, arranged or intended to be occupied for or used for, or for which it is occupied or maintained.

VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of the zoning ordinance would cause practical difficulties owing to circumstances unique to the individual property on which the variance is granted.

YARD. A space, open to the sky and unoccupied or unobstructed, on the same parcel with a building or structure. YARD measurements shall be the minimum horizontal distances. In the case of corner lots, front yard shall be deemed to exist along each street frontage. In the determination of a land area where a building is to be erected, altered or used, no road right-of-way shall be included in the computation of the required minimum land area.

YARD, FRONT PRIMARY. The primary front yard shall front directly on a public or private road upon which the property is addressed. Corner and through (double frontage) lots shall be considered to have dual front yards. In the case of flag-shaped or irregular-shaped lots, that property line that lies parallel to, but does not directly front upon a public or private road, shall be considered a primary front property line. PRIMARY FRONT YARDS shall be regulated by the front yard setback per lot requirements of the § 152.100.

YARD, FRONT SECONDARY. The secondary front yard, in the case of corner or through lots, shall front directly on a public or private road upon which the property is not addressed. SECONDARY FRONT YARDS shall be regulated by the front yard setback per lot requirements of § 152.100.

YARD, REAR. A yard extending across the full width of the lot between the rear lot line and the nearest point of the main building.

YARD, SIDE. A yard extending from the front yard to the rear yard between the side lot line and the nearest point of the main building or of an accessory building attached thereto.

ZONING ADMINISTRATOR. An administrative official designated by the governing body with the responsibilities of administering and enforcing this chapter.

ZONING BOARD OF APPEALS. The Board of Zoning Appeals, as provided under provisions of the Township Rural Zoning Act, being Public Act 184 of 1943, being M.C.L.A. §§ 125.321 through 125.333, as amended, and as modified by Public Act 168 of 1959, being M.C.L.A. §§ 125.321 through 125.333.

ZONING DISTRICT. A portion of the township within which, on a uniform basis, certain uses of land and buildings are permitted and within which contain yard, open spaces, lot area, and other requirements as established by this chapter.

(Ord. Art. II, passed 5-22-1997; Am. Ord. 426, passed - - ; Am. Ord. 427, passed 3-8-2007; Am. Ord. 430, passed 3-20-2007; Am. Ord. 431, passed 3-20-2007; Am. Ord. 433, passed 3-13-2008; Am. Ord. 439, passed 11-10-2011; Am. Ord. 445, passed 9-12-2013; Am. Ord. 460, passed 8-14-2014)

Statutory reference:

State laws cited in this section, including M.C.L.A. §§ 125.271 through 125.301, and 125.321 through 125.333, were repealed and replaced under the 2008 Michigan Planning Enabling Act; see M.C.L.A. §§ 125.3801 through 125.3885

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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