(A) Rules applying to text. The following listed rules of construction apply to the text of this chapter.
(1) The particular shall control the general.
(2) With the exception of this chapter, the headings which title a chapter, section or division are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
(3) The word “shall” is always mandatory and discretionary. The word “may” is permissive.
(4) Unless the context clearly indicates to the contrary:
(a) Words used in the present tense shall include the future tense;
(b) Words used in the singular number shall include the plural number; and
(c) Words used in the plural number shall include the singular number.
(5) A “building” or “structure” includes any part thereof.
(6) The word “person” includes a firm, association, partnership, joint venture, corporation, trust or equivalent entity or a combination of any of them as well as a natural person.
(7) The words “used” or “occupied”, as applied to any land or building shall be construed to include the words “intended”, “arranged”, or “designed to be used” or “occupied”.
(8) Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.
(Prior Code, Ch. XV, § 3.01)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.
(Prior Code, Ch. XV, § 3.02)
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.
(Prior Code, Ch. XV, § 3.03)
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines or vehicles, collision service (including body repair and frame straightening), painting or upholstering or vehicle steam cleaning and undercoating.
(Prior Code, Ch. XV, § 3.04)
AUTOMOBILE REPAIR - MINOR. Minor repairs, incidental replacement of parts, or motor service to passenger automobiles and trucks not exceeding two tons’ capacity; provided, however, there is excluded any repair or work included in the definition of “Automobile Repair - Major”.
(Prior Code, Ch. XV, § 3.05)
BASEMENT. A portion of a building or a portion of a room, located wholly or partially below grade, but not including any part thereof not so located.
(Prior Code, Ch. XV, § 3.06)
BILLBOARDS and SIGNS.
(a) BILLBOARD. Any structure, including the wall of any building, on which lettered, figured or pictorial matter is displayed for advertising a business, service or entertainment which is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed or fabricated on such land.
(b) BUSINESS SIGN. Any structure, including the wall of any building on which lettered, figured or pictorial matter is displayed for advertising a business, service or entertainment conducted on the land where the structure is located, or products primarily sold, manufactured, processed or fabricated on such land.
(c) IDENTIFYING SIGN. Any structure on the same premises it identifies which serves only:
1. To tell the name or use of any public or semi-public building or recreation space, club, lodge, church or institution;
2. Only to tell the name or address of an apartment house, hotel or motels; or
3. Only to inform public as to the use of a parking lot.
(d) NAME PLATE. A structure affixed flat against the wall of a building which serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.
(e) REAL ESTATE SIGN. Any temporary structure used only to advertise with pertinent information the sale, rental or leasing of the premises upon which it is located.
(Prior Code, Ch. XV, § 3.07)
BLUFF. The top of a steep bank rising from the ordinary high water mark on a lot or parcel.
BOAT or WATERCRAFT. Any vessel as defined in Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.; Public Act 58 of 1995, being M.C.L.A. §§ 324.70101 et seq.; and Public Act 102 of 1997, being M.C.L.A. §§ 125.1801 through 125.1812a, as amended.
(Prior Code, Ch. XV, § 3.07B)
BUILDING. Anything which is constructed or erected, including a mobile home, having a roof supported by columns, walls or other supports, which is used for the purpose of housing or storing of persons, animals or personal property or carrying on business activities or other similar uses.
(Prior Code, Ch. XV, § 3.08)
BUILDING HEIGHT. The vertical distance measured from the top of the main or ground level foundation wall, whichever is lowest, to the highest point of the roof surface of flat roofs, to the deck of mansard roofs and to the mean height level between eaves, ridge of gable, hip and gambrel roofs.
(Prior Code, Ch. XV, § 3.09)
BUILDING SETBACK. The measurement from the property line to the nearest point of the main wall of the building or structure. Steps may be located within the BUILDING SETBACK. Porches are considered as part of the building or structure and may not be located within BUILDING SETBACK.
(Prior Code, Ch. XV, § 3.10)
DEVELOPMENT. Any manmade change to improved or unimproved real estate for any purpose, including but not limited to construction of buildings or other structures, mining, dredging, filling, paving or excavation.
DWELLING. Any building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily, by one or more families, but not including motels, hotels, tourist rooms or cabins.
(a) DWELLING, MULTI-FAMILY. A building designed for use and occupancy by three or more families.
(b) DWELLING, SINGLE-FAMILY. A building designed for use and occupancy by one family only.
(c) DWELLING, TWO-FAMILY. A building designed for use and occupancy by two families only.
(Prior Code, Ch. XV, § 3.12)
DWELLING UNIT. One room or suite of two or more rooms designed for use or occupancy by one family for living and sleeping purposes with housekeeping facilities.
(Prior Code, Ch. XV, § 3.13)
EARTH CHANGE. An artificial change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.
FAMILY. One or more persons occupying a single dwelling unit and using common cooking facilities; provided, however, that, unless all members are related by blood or marriage, no such FAMILY shall contain more than five persons.
(Prior Code, Ch. XV, § 3.14)
FILTERED VIEW. The maintenance or establishment of woody vegetation of sufficient density to screen development from the riparian feature, to provide for bank stabilization and erosion control, to serve as an aid to infiltration of surface runoff and to provide cover to shade the water in a manner which still allows a partial view to the water feature.
FLOOR AREA. The gross floor area of all floors of a building or an addition to an existing building. For all office buildings and for any other building, except dwelling units where the principal use thereof shall include the basement, the basement FLOOR AREA shall be included, except that part thereof which contains heating and cooling equipment and other basic utilities.
(Prior Code, Ch. XV, § 3.15)
FORESTRY or NATURAL RESOURCES PROFESSIONAL. A person certified by the Society of American Foresters and/or licensed by the State of Michigan and or otherwise recognized by the State of Michigan who is by reason of his or her knowledge of the natural sciences, mathematics and principles of forestry and natural sciences, acquired by education and practical experience is qualified to engage in the practice of forestry.
GROUP DAYCARE HOME. A private residence in which the operator permanently resides as a member of the household in which more than six, but not more than 12, minor children or adults with needs requiring assistance and supervision are given care and supervision for periods of less than 24 hours per day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. GROUP DAYCARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
HOME OCCUPATION. A gainful occupation traditionally and customarily carried out in the home or on a residential premises solely by the residents as a use that is incidental to the use of the home and premises as a place of residence. A HOME OCCUPATION may be conducted entirely within a residential dwelling and/or attached or unattached garage accessory structure to the dwelling.
(Prior Code, Ch. XV, § 3.16)
JUNKYARD. A place where junk, waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked vehicles, used building materials, structural steel materials and equipment and other manufactured goods.
(Prior Code, Ch. XV, § 3.17)
KENNEL. Any land, building or structure where five or more adult cats and/or dogs are boarded for six months.
(Prior Code, Ch. XV, § 3.18)
LOT and LOT WIDTH.
(a) LOT. A parcel, tract or portion of land separated from other parcels or portions of land identified by description or for the purpose of taxation. A LOT is occupied or intended to be occupied by a principal building or a group or such buildings and accessory structures, or utilized for a principle use and accessory uses according to this chapter. In the case of a site condominium subdivision, a “site condominium building site” will be considered the equivalent of a LOT for the purpose of determining compliance with the applicable requirements of this chapter and with other applicable laws, ordinances or regulations.
(b) LOT - CORNER. Any lot having at least two contiguous sides abutting upon one or more streets, if the interior angle at the intersection of the two sides is less than 135 degrees. Any lot line along any street will be considered front lot line.
(c) LOT - DOUBLE FRONTAGE. Any lot including a corner lot, as defined herein, with two or more sides abutting on one or more streets. Any lot line along any street will be considered front lot line.
(d) LOT AREA. Lot area is the precise square footage or acreage of a lot and shall include any part of a public right-of-way.
(e) LOT LINE. The lines of ownership defining the limits of a parcel or lot.
1. FRONT LOT LINE. The lot line(s) that coincides with the street right-of-way.
2. REAR LOT LINE. The lot line(s) opposite to and most distant from the front lot line as designated for each lot; for irregularly shaped lots, the rear lot line will be determined by the Zoning Administrator.
3. SIDE LOT LINES. Any lot line other than a front or rear lot line as determined by the Zoning Administrator.
(Prior Code, Ch. XV, § 3.19)
MOBILE HOME. 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. MOBILE HOME does not include a recreational vehicle.
(Prior Code, Ch. XV, § 3.20)
MOBILE HOME LOT. A measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.
(Prior Code, Ch. XV, § 3.21)
MOBILE HOME PAD. The portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures or additions.
(Prior Code, Ch. XV, § 3.22)
MOBILE HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes on a rental basis for non-transient use.
(Prior Code, Ch. XV, § 3.23)
MOBILE HOME SUBDIVISION. A mobile home park; except that, the mobile home lots are subdivided, surveyed, recorded and sold in accordance with Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
(Prior Code, Ch. XV, § 3.24)
MOTEL. A building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking space located on the lot and designed for, or occupied by automobile travelers. The term shall include any building groups designated as motor lodges, transient cabins or by any other title intended to identify them as providing lodging, with or without meals, for compensation on a transient basis.
(Prior Code, Ch. XV, § 3.25)
MOTOR VEHICLE. Every vehicle which is self-propelled.
(Prior Code, Ch. XV, § 3.26)
MULTI-UNIT BOAT ACCESS SITE. A facility which extends into or over a lake, or provides dry-docking space, for mooring or docking of boats and watercraft for use by more than one family (as defined herein), parcel, lot, unit or apartment. A facility for the mooring or docking of a boat or boats owned and operated exclusively by one family (as defined herein), residing in one dwelling unit and which supports the docking or mooring of six or fewer vessels, shall not be included within the definition and meaning of MULTI-UNIT BOAT ACCESS SITE where the docking or mooring facility is property on which the dwelling is situated. Any situation involving multiple or divided ownership and interest in the riparian property or boat access site including, but not limited to, family trusts, corporations, condominium associations and co-ops is considered a MULTI-UNIT BOAT ACCESS SITE and shall be subject to the limitations and regulations for such facilities contained herein.
(Prior Code, Ch. XV, § 3.26B)
NON-CONFORMING USE. A use of buildings, structures or land which is lawful at the time of the adoption of this chapter, or on the effective date of an amendment to this chapter, but which does not conform with the provisions of this chapter or any amendment thereto.
(Prior Code, Ch. XV, § 3.27)
ORDINARY HIGH WATER MARK. The line between upland and bottomland that persists through successive changes in the water level, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. Delineation of the ordinary high water mark entails the identification of indicators on the bank of a lake or stream and the transition line between, aquatic vegetation (such as sedges and cattails) and terrestrial vegetation (perennial grasses and woody shrubs) or the scour line on exposed earth on the bank (from constant erosion) and terrestrial vegetation. On any stream where the ordinary high water mark cannot be found, the top of the lowest stream bank on either side of stream shall substitute. In braided channels, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. (See Appendix A at the end of this chapter). On an inland lake that has a level established by law, it means the high established level.
PARKING AREA, SPACE OR LOT. An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees. PARKING AREA shall include access drives within the actual parking area.
(Prior Code, Ch. XV, § 3.28)
PARKING BAY. A hard surface area adjacent and connected to, but distinct from, a street intended for parking motor vehicles.
(Prior Code, Ch. XV, § 3.29)
PIER. Concrete posts embedded in the ground to a depth below the frost line at regular intervals along the longitudinal distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.
(Prior Code, Ch. XV, § 3.30)
PLANNED UNIT DEVELOPMENT (PUD). A district established to provide flexibility in design for the development of larger tracts of land while affording maximum protection of the environment.
(Prior Code, Ch. XV, § 3.30A)
PLANNING COMMISSION. The Hopkins Township Planning Commission.
(Prior Code, Ch. XV, § 3.31)
PRINCIPAL OR MAIN USE. The primary or predominant use of a lot.
(Prior Code, Ch. XV, § 3.32)
PUBLIC ACCESS. A multi-boat access site operated by a governmental entity, including access from a public road authorized or implied by a governmental entity.
(Prior Code, Ch. XV, § 3.32B)
ROADSIDE MARKET STAND. A temporary building or structure designed or used for the display and/or sale of agricultural products produced on the premises upon which the stand is located.
(Prior Code, Ch. XV, § 3.33)
SITE PLAN. A scale drawing that shows the locations and dimensions of existing and planned improvements upon a parcel of land, such as, but not limited to, buildings, driveways, parking area, landscaping, sidewalks, signs, sewage systems, water supply and drainage facilities as set forth in this chapter.
(Prior Code, Ch. XV, § 3.33A)
STREAM BANK. The portion of the stream channel cross section that restricts the lateral movement of water at normal bank-full levels often exhibiting a distinct break in slope from the stream bottom.
STREET. A publicly owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road or other thoroughfare, except an alley.
(Prior Code, Ch. XV, § 3.34)
STRUCTURE. Any thing, except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(Prior Code, Ch. XV, § 3.35)
TOURIST HOME. A building, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
(Prior Code, Ch. XV, § 3.36)
TOWNSHIP BOARD. The Hopkins Township Board.
(Prior Code, Ch. XV, § 3.37)
TOWNSHIP. Hopkins Township, Allegan County.
(Prior Code, Ch. XV, § 3.38)
TRAILER COACH PARK ACT. Public Act 243 of 1959, being M.C.L.A. §§ 125.1101 et seq. (repealed and replaced by Public Act 419 of 1976, being M.C.L.A. §§ 125.2301 et seq.).
(Prior Code, Ch. XV, § 3.39)
TRAVEL TRAILER. A transportable unit intended for occasional or short-term occupancy as a dwelling unit during travel, recreational or vacation use.
(Prior Code, Ch. XV, § 3.40)
USABLE FLOOR AREA. The floor area of a dwelling exclusive of garages, porches, basement or utility area.
(Prior Code, Ch. XV, § 3.41)
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.
(Prior Code, Ch. XV, § 3.42)
WETLAND. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is contiguous to an inland lake, a river or stream.
YARD. A required open space other than a court unoccupied and unobstructed by any building or structure or portion thereof from 30 inches above the general level of the lot upward; provided, however, that, fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
(Prior Code, Ch. XV, § 3.43)
YARD - FRONT. A yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way line and the main wall of the building or structure. In the case of waterfront lots, the yard fronting on the street shall be considered the FRONT YARD.
(Prior Code, Ch. XV, § 3.44)
YARD - REAR. A yard, unoccupied except for accessory buildings, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.
(Prior Code, Ch. XV, § 3.45)
YARD - SIDE. A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured from the nearest point of the side lot line to the nearest part of the main building.
(Prior Code, Ch. XV, § 3.46)
ZONING ACT. Michigan Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended.
(Prior Code, Ch. XV, § 3.47)
ZONING INSPECTOR. The Hopkins Township Zoning Inspector.
(Prior Code, Ch. XV, § 3.48)
(Ord. 1977-1, passed 10-10-1977; Ord. 1981-2, passed 12-14-1981; Ord. 2001-1, passed 7-17-2001; Ord. 2005-1, passed 5-9-2005; Ord. passed - -2007; Ord. 2-2014, passed 8-11-2014)