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For the purpose of this chapter, certain terms are herewith defined. When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number, and the plural includes the singular. The word “shall” is always mandatory. The word “person” always includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words “used” or “occupied” include the words “intended”, “designed” or “arranged to be used or occupied”. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS. A supplementary building or structure on the same lot or parcel of land as the main building or buildings, or part of the main building occupied by or devoted exclusively to any accessory use.
ACCESSORY USE. A use which is incidental and subordinate to the principal use of the land or buildings.
ALTER. Any structural change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, joists, girders and similar components, or any substantial change in the roof or exterior walls.
AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and vehicle rustproofing.
AUTOMOBILE SERVICE STATION. Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. SERVICE STATIONS shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body fender work or automobile repairs are conducted.
AUTOMOBILE WASH. A building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.
BASEMENT. The portion of a building having more than one-half of the height below grade.
BED AND BREAKFAST. A single-family residential structure that provides sleeping rooms and serves breakfast to its transient tenants.
BEDROOM. A dwelling room used for, or intended to be used in whole or in part, for sleeping purposes by human beings.
BOARD OF APPEALS. As used in this chapter, the term BOARD OF APPEALS means the Township of Concord, Michigan, Zoning Board of Appeals.
BUILDING. An enclosed structure having a roof supported by columns or walls.
BUILDING FRONTAGE. The portion of a building that principally faces a public right-of-way.
BUILDING HEIGHT. The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridges for gable, hip or gambrel roofs.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
CAMPGROUND. A parcel of land in which sites are offered for the use of temporary living quarters for recreational units. For the purpose of this chapter, the following additional terms are defined.
(1) RECREATIONAL UNIT. A tent or vehicular-type structure, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. A TENT means a collapsible shelter of canvas or other fabric stretched and sustained by poles and used for camping outdoors.
(2) TEMPORARY LIVING QUARTERS. As related to camping, means a recreational unit or a building within a modern camp, which is occupied or used for more than four hours between the hours of 10:00 p.m. to 6:00 a.m., which is not intended to be occupied or used in excess of three consecutive months.
CLUB. An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not operating for profit.
CLUSTER HOUSING. A development design technique, approved by the township which concentrates single-family lots in specific areas on a site to allow the remaining land to be used for recreation, common open space and/or preservation of natural resources and features.
(1) Any development undertaken under the provisions of the Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended, or any other act of the legislature of the state providing for development of property under joint or concurrent ownership.
(2) The following other definitions shall also apply.
(a) CONDOMINIUM DOCUMENTS. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(b) CONDOMINIUM LOT. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.
(c) CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared in accordance with § 66 of the Condominium Act, being M.C.L.A. §§ 559.101 et seq.
(d) CONDOMINIUM UNIT. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(e) CONSOLIDATING MASTER DEED. The final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
(f) CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.
(g) CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under § 71 of the Condominium Act, being M.C.L.A. §§ 559.101 et seq.
CONVALESCENT HOME or NURSING HOME. A state-licensed facility for the care of children or the aged or the infirm, or a place of rest for those suffering serious bodily disorders
DAY CARE FACILITIES. The following definitions shall apply in the construction and application of this chapter.
(1) DAY CARE CENTER. A facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
(2) FAMILY DAY CARE HOME. A private home in which one, but not more than six, minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
(3) GROUP DAY CARE HOME. A private residence in which seven but not more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
DISTRICT. A portion of the township within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.
DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT. A business establishment so developed that its principal retail service character is dependent on providing a driveway approach or parking spaces for motor vehicles to service (e.g., restaurants, cleaners, banks, theaters) patrons while in said vehicle.
DWELLING. Any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, motor home, trailer coach, automobile chassis, tent or other portable building be considered a dwelling in single-, multiple- or two-family residential areas. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to DWELLINGS.
DWELLING, MULTIPLE-. A building used for and designed as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses and apartment hotels, but not including mobile homes.
DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one family and having a minimum living area of 720 square feet.
DWELLING, SINGLE-FAMILY DETACHED. A detached building designed for or occupied exclusively by one family, which shall comply with the following standards:
(1) A minimum living area of 720 square feet or one or two bedroom dwelling with 144 square feet of additional living area for each additional bedroom, and minimum floor to ceiling height of seven and one-half feet;
(2) Minimum exterior widths of 20 feet alongside elevations, exclusive of porches not a part of the main living area, and a minimum roof pitch not less than four-twelves;
(3) The dwelling shall be attached to a permanent foundation constructed on the site, which shall be coextensive with the perimeter of the structure in compliance with the State Building Code, manufacturer specifications and/or all other state and federal regulations;
(4) No exposed wheels, towing mechanisms, under carriage or chassis shall be permitted;
(5) The dwelling shall be connected to a public sewer and water supply or to private sewer and water supply facilities approved by the County Health Department before issuance of a certificate of occupancy;
(6) The dwelling shall contain storage areas in the basement, attic and closets or in an area designed for the storage of personal property, exclusive of an attached or detached garage designed for the storage of automobiles and exclusive of the crawl space of a dwelling not possessing a basement. The storage areas within the dwelling unit shall, in the aggregate, be equal to at least 15% of the minimum living area square footage requirements;
(7) The dwelling shall in all respects comply with the State Building Code, manufacturer specifications and/or all applicable federal and state laws, regulations, standards and codes, including, but not limited to, electrical, plumbing, energy, fire and safety;
(8) In addition to the foregoing requirements, manufactured/mobile homes shall in all respects comply with the standards for manufactured/mobile home construction and safety as contained in the United States Department of Housing and Urban Development (HUD) regulations then in effect as adopted pursuant to the provisions of Public Law 93-383, being the U.S. Housing Act of 1937, 42 U.S.C. §§ 1437 et seq., as amended;
(9) In further addition to the foregoing requirements, two or more single-wide manufactured/mobile homes cannot be joined together to meet the minimum width requirements listed in division (2) of this definition above; and
(10) The foregoing standards shall not apply to a manufactured/mobile home located in a licensed mobile home park or mobile home subdivision except to the extent required by state or federal laws and regulations.
DWELLING, TWO-FAMILY. A detached building designed for or occupied exclusively by two families living independently of each other. Also known as a DUPLEX DWELLING.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare.
EXCAVATING. The removal of sand, stone, gravel or fill dirt to below-the-average grade of the surrounding land and/or the finished grade, whichever shall be highest, excepting common household gardening.
(1) An individual or a group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated persons, who are domiciled together as single, domestic, housekeeping unit in a dwelling unit; or
(2) A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single non-profit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.
INTENSIVE LIVESTOCK OPERATION. An agricultural operation in which animals are bred and/or raised within a confined area, at concentrated densities. Such operations are further characterized as having an animal feeding building or feedlot which is a facility, other than a pasture, where animals are fed and/or confined.
KENNEL, COMMERCIAL. Any building, structure, enclosure or premises where four or more dogs or cats, six months of age or older, are kept for commercial purposes, including boarding, breeding or sale, or the rendering of services for profit. For the purposes hereof, animals kept and maintained by a hobby kennel, shall not be deemed and considered a COMMERCIAL KENNEL.
KENNEL, HOBBY. Any building, structure, enclosure or other premises where three or less dogs or cats, six months of age or older, are kept, harbored or maintained.
LEADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.
LOT. A parcel of land occupied or intended to be occupied by a building, structure or use, or by other activity permitted thereon and including the yards and open spaces required under this chapter.
LOT AREA. The total area within the lot lines of a lot.
LOT, CORNER. A lot abutting two intersecting streets.
LOT DEPTH. The average distance from the centerline of the road upon which the lot or parcel fronts to the rear lot line; or in the case of a waterfront lot, from the lake frontage line to the centerline of the road which the lot or parcel fronts.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, having frontage on two roads which are more or less parallel.
LOT LINE, FRONT. In the case of an interior lot, the FRONT LOT LINE shall mean the line separating the lot from the road. In the case of a double frontage lot, the FRONT LOT LINE shall be that line separating said lot from that road which is designated as the front. In the case of a corner lot, there shall be a front yard for each road front.
LOT LINE, REAR. The lot line which is opposite from the designated front lot line of the lot. In the case of an irregular or triangular shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the REAR LOT LINE for the purpose of determining depth of rear yard.
LOT LINE, SIDE. Any lot line not a front lot line or a rear lot line. In the case of a corner lot, there shall only be one SIDE LOT LINE.
LOT LINES. Any line dividing one lot from another or from right-of-way, and thus constitutes the property lines bounding a lot.
LOT OF RECORD. A lot, the dimensions of which are shown on a subdivision plat recorded in the office of the Register of Deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designated by the state, and said description so recorded or on file with the county.
LOT, WATERFRONT. A lot having frontage directly upon a lake, river or other reasonable sized impoundment of water. The portion adjacent to the water shall be designed as the water frontage of the lot, and the opposite side shall be designated the road frontage of the lot.
LOT, WIDTH. The required horizontal distance between the side lot lines measured at the two points where the required front yard setback line intersects the side lot lines.
MANUFACTURED/MOBILE HOME. A detached portable residential dwelling unit with a floor area of at least 720 square feet, prefabricated and intended for long-term occupancy. The unit shall contain sleeping accommodations, a flush toilet, tub or shower, and eating and living quarters. It is designed to be transported on its own wheels or on a flatbed arriving at the site where it is to be occupied as a complete dwelling with suitable foundation per the setup and installation specifications recommended by the manufacturer or promulgated by the Federal Department of Housing and Urban Development and shall be connected to the existing utilities. A travel trailer, motor home or camper trailer are not be considered a MANUFACTURED/MOBILE HOME.
MANUFACTURED/MOBILE HOME PARK. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continuous non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with a building, structure, enclosure, street, equipment or facility used or intended for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.
MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or tourist court with more than one unit or a motor lodge shall be deemed a MOTEL.
NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions of the chapter in the zoning district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of this zoning district in which it is located.
OCCUPIED. Includes arranged, designed, built, altered, converted to, rented or leased, or intended to be inhabited; not necessarily for dwelling purposes.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted ingress and egress plus on-site parking space for at least two vehicles.
OPEN AIR BUSINESS. The retail sales of goods which are principally displayed outside, such as automobiles, building material, and nursery and garden products.
PERSON. Include any individual, corporation or partnership, or other form or organization which is recognized or provided for by state or federal law.
PLANNED UNIT DEVELOPMENT (PUD). A form of development usually characterized by the flexible application of zoning district regulations and a unified site design for a number of housing units, clustering buildings, providing common open space, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which the township will have considerable involvement in determining the nature of the development.
PORCH, ENCLOSED. A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which is attached.
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 said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing and under federal, state or municipal regulations, to the public: electricity, gas, steam, communications, telegraphy, transportation or water.
RIGHT-OF-WAY. A legal right of passage over real property typically associated with roads and railroads.
SELF-STORAGE FACILITY. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods.
SETBACK. The minimum required horizontal distance between the building or structure and the front, side and rear lot lines.
SIGN. A name, identification, description, display, light, balloon, banner, flag or illustration which is affixed to, or painted, or otherwise located or set upon or in a building, structure or parcel of land which directs attention to an object, product, place, activity, person, institution, organization or business and which is visible from any public street, sidewalk, alley, park, public property or from other private property. The definition includes interior signs which are directed at persons outside the premises of the sign owner and exterior signs, but not signs primarily directed at persons within the premises of the sign owners. The definition does not include goods for sale displayed in a business window. The following additional definitions are provided.
(1) BILLBOARD. An outdoor sign advertising services or products, activities, persons, or events that are not made, produced, assembled, stored, distributed, leased, sold or conducted upon the premises upon which the BILLBOARD is located. The definition of BILLBOARD shall include the following types of billboards.
(a) DOUBLED-FACED. A billboard with two parallel back-to-back faces, each facing in the opposite direction.
(b) STACKED. A billboard with two faces, located one on top of the other, each facing in the same direction.
(c) TANDEM. A billboard with two faces, located side-by-side, each facing in the same direction.
(d) V-TYPE. A billboard with two non-parallel back-to-back faces, each facing in the opposite direction.
(2) FREESTANDING SIGN. A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure whether portable or stationary.
(3) SIGN SURFACE. The part of the sign upon, against or through which the message is displayed or illustrated.
(4) TEMPORARY SIGN. A sign which is temporary in nature, easily movable and not permanently attached to the ground or a building.
(5) TOTAL SURFACE AREA OF THE SIGN.
(a) The sum total of all exterior surfaces of the sign, computed in square feet.
(b) In the case of a broken sign (a sign with open spaces between the letters, figures, numbers or symbols) the TOTAL SURFACE AREA shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two outermost letters, figures, numbers or symbols.
(6) WALL SIGN. Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, said WALL SIGN shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a WALL SIGN.
STABLE, COMMERCIAL. A stable with a capacity of five or more horses, mules or donkeys which are rented, hired, used or boarded on a commercial basis or for compensation.
STABLE, HOBBY. A stable with a capacity of four or fewer horses, mules or donkeys, which is used by the owners of the property.
STORY. The portion of a building, including between the surface of any floor and the floor above it, or if there by no floor above it, then the space between the floor and the ceiling above it.
STREET. The public or private thoroughfare which allows traffic circulation and provides principal means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires a temporary or permanent location on the ground or is attached to something having a permanent location in, on or below the ground.
USE. The lawful purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.
USE, ILLEGAL NONCONFORMING. An existing use of land and structure, created after the effective date of this chapter, and which does not conform to the uses specified as permitted in a district.
USE, LEGAL NONCONFORMING. An existing use of land and structures, as of the effective date of this chapter.
YARD, FRONT. An open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.
YARD, REAR. An open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building.
YARD, SIDE. An open, unoccupied space on the same lot with the principal building, between the side line of the closet building and the adjacent side line of the front line of the rear yard, and if not front yard is required, the front boundary of the side yard shall be the front line of the lot.
ZONING ADMINISTRATOR. The administrative official designated by the Township Board to administer and enforce the zoning regulations.
(Ord. 1, passed 11-13-2000, § 2.1; Ord. 22, passed 7-13-2015)