(A) Rules applying to the text.
(1) Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
(2) The word "person" includes a corporation or firm as well as an individual.
(3) The word "structure" includes the word "building".
(4) The word "lot" includes the word "plot", "tract" or "parcel".
(5) The term "shall" is always mandatory and not discretionary; the word "may" is discretionary.
(6) The word "used" or "occupied" as applied to any land or structure shall be construed to include the words "intended, arranged or designed to be used or occupied".
(7) The term "he" shall be read as "he or she".
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT. To physically touch or border upon; to share a common property line.
ACCELERATION LANE. A lane that permits integration and merging of slower moving vehicles into the main vehicular stream.
ACCESSORY USE (includes accessory building).
An accessory use includes a building or structure and is clearly used incidental to, customarily found in connection with, and located on the same lot as the principal use to which it is related. Campers, camping trailers, recreational vehicles whether used for dwelling purposes or for storage and shipping containers or other such similar items are not considered a permitted accessory use. Exception: This section shall not apply to parcels under development with active building permits or to a principal commercial use related to an outdoor seasonal sale for which a temporary use or structure permit has been granted and is in effect.
ADJACENT. A lot or parcel of land, which shares all or part of a common lot line with another parcel of land.
ADULT ARCADE. The definition of an ADULT ARCADE as defined in the Kochville Township Sexually Oriented Business Ordinance as codified as Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT BOOKSTORE or ADULT VIDEO STORE. The definition of an ADULT BOOKSTORE or ADULT VIDEO STORE as defined in the Kochville Township Sexually Oriented Business Ordinance as codified as Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT BODY PAINTING STUDIO. The definition of an ADULT BODY PAINTING STUDIO as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT CABARET. The definition of an ADULT CABARET as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT CAR WASH. The definition of an ADULT CAR WASH as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT COMPANIONSHIP ESTABLISHMENT. The definition of an ADULT COMPANIONSHIP ESTABLISHMENT as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT ENTERTAINMENT FACILITY. The definition of an ADULT ENTERTAINMENT FACILITY as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT ESTABLISHMENT. The definition of an ADULT ESTABLISHMENT as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB. The definition of an ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT MINI-MOTION PICTURE THEATER. The definition of an ADULT MINI-MOTION PICTURE THEATER as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT MOTION-PICTURE THEATER. The definition of an ADULT MOTION-PICTURE THEATER as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT NOVELTY BUSINESS. The definition of an ADULT NOVELTY BUSINESS as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT MOTEL. The definition of an ADULT MOTEL as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
ADULT SAUNA/STEAM ROOM/BATHHOUSE. The definition of an ADULT SAUNA/STEAM ROOM/BATHHOUSE as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
AGRICULTURAL RETAIL FACILITY OR AREA. A booth or stand located on a farm from which produce and farm products are sold to the general public.
ALLEY. Any dedicated private or public way other than a street which provides only a secondary means of access to abutting property and is not intended for general traffic circulation.
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.
ANIMAL PROTECTION SHELTER.
A facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals (dogs, cats, rabbits, ferrets, hedgehogs, sugar gliders, or any other non-rodent, non-livestock mammals). (See M.C.L.A. Ch. 287)
APARTMENT. See MULTIPLE-FAMILY.
APIARIES. A place where bees are kept for the production of honey or for the pollination of plants.
ASSEMBLY BUILDING. A building for the primary purpose of group gatherings of 50 people or more for any purpose.
ASSISTED LIVING. A residential development designed to assist those that can live on their own with the assistance of staff.
AUTOMOBILE SALES. An establishment engaged in the sale, rental or leasing of new or used automobiles, vans or pickup trucks.
AUTOMOTIVE SHOW ROOM AND SALES. An establishment/dealership used to display both new and used vehicles for the purpose of selling them at the retail level.
AUTOMOTIVE/VEHICLE CAR WASH. An establishment together with the necessary mechanical equipment used for washing vehicles, boats, trailers and the like.
AUTOMOTIVE/VEHICLE REPAIR SHOP. An establishment being housed in a building, or a portion thereof, together with the necessary equipment used for the general repair of vehicles, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service and painting or undercoating of automobiles.
AUTOMOTIVE/VEHICLE SERVICE STATION. An establishment together with the necessary equipment used for the direct retail sale of gasoline or any other engine fuel, kerosene or motor oil and lubricants or grease and including the sale of minor accessories and the servicing of any minor repair of vehicles. This definition includes oil change and tire sales stores.
AVIARIES. A house, large cage or enclosure for keeping and rearing of four or more birds in confinement, except for chickens, turkeys, peacocks, ostriches, emus, rheas or similar domesticated birds normally raised for consumption, but does not include young birds under six months of age.
BANK. See FINANCIAL BUSINESS.
BAR. See TAVERN.
BASE AREA. The area, which is the length times the width, in square feet as of the effective date of this chapter.
BASEMENT. A story having part, but not more than one-half, of its height above finished grade. A BASEMENT shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BEAUTY SALON. See PERSONAL SERVICE BUSINESS.
BERM. An earthen buffer that obscures sight, traffic and sound.
BEST MANAGEMENT PRACTICE. A structural, vegetative or managerial practice that is designed to treat, prevent or reduce degradation of water quality due to storm water runoff and to reduce the amount of storm water runoff. Also referred to as BMP.
BCRC. Bay County Road Commission
BMP. See BEST MANAGEMENT PRACTICE.
BOARDING AND ROOMING HOUSES. A dwelling used for the business of furnishing accommodations to more to more than two persons or lodgers than allowed under the definition of "family".
BODY SHOP. See AUTOMOTIVE/VEHICLE REPAIR SHOP.
BOOTH. The definition of a BOOTH as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
BUFFER. Open green space, landscaped areas, fences, walls, berms or any combination thereof used to physically separate, or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
BUFFER STRIP. A vegetated area that treats sheet flow and/or interflow by removing sediment and other pollutants. The area may be grass-covered, forested or of mixed vegetative cover, depending on the amount of pollutants to be removed and the size of the BUFFER STRIP.
BUILDING. Any structure erected on site, a manufactured home or structure, above or below ground, supported by columns or by walls and intended or designed for the shelter, housing or enclosure of persons, animals or property.
BUILDING, FRONT LINE OF. The line that coincides with the face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches but does not include steps. The line shall be parallel to the front lot line and measured as a straight line between the intersecting points with the side yard.
BUILDING, HEIGHT OF. The vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR. Issues permits, collects fees, inspects sites, issues enforcement actions.
BUILDING LINES. A line defining the minimum front, side or rear yard requirements outside of which no building or structure may be located.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which it is located.
BULK STATION. A place where crude petroleum, gasoline, naphtha, benzene, benzol, kerosene or any other liquid (except such as will stand a test of 150°F, closed cup tester) are stored for wholesale purposes only.
BUSINESS. Any trade, occupation, profession, work, commerce or other activity owned or operated for profit.
CAMP. A place in the country that offers simple group accommodations and organized recreation; a place where tents, campers, recreational vehicles or other temporary shelters are set up.
CARDINAL SQUARE. An area of Kochville Township and Saginaw Township roughly defined from Freeland Road to McCarty Road and from Mackinaw Road to Davis Road. This area shall have a unique identify and certain design elements must be met.
CELLAR. See BASEMENT.
CEMETERY. Property used for interring of the dead.
CHARITABLE ORGANIZATION. Organizations that have current federal tax exemption status.
CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.
CLUBS. An organization catering exclusively to members and their guests, or premises and buildings for recreational, artistic, political, or social purposes, which are not conducted primarily for gain and which do not provide merchandise, vending, or commercial activities or that relate in any way to a sexually orientated business; except as required incidentally for the membership and purpose of such club.
COMMERCIAL SCHOOL. Any institution which offers instruction in a commercial institution.
COMMON LAND. A parcel or parcels of land, together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned development.
CONDOMINIUM ACT. Pub. Act 59 of 1978, as amended, being M.C.L.A. §§ 559.101 et seq.
CONDOMINIUM, EXPANDABLE. A condominium project to which additional land may be added pursuant to express provisions in the condominium documents and in accordance with this chapter and the Condominium Act.
CONDOMINIUM SUBDIVISION. See SUBDIVISION, as defined in this chapter.
CONDOMINIUM SUBDIVISION PLAN. The site, survey and utility plans, floor plans and sections, showing the existing and proposed structures and improvements.
CONDOMINIUM UNIT. A portion of a building, or group of buildings, designed for separate ownership. Common areas and facilities are owned by all the owners on a proportional, undivided basis. A CONDOMINIUM is differentiated from other dwellings types based on ownership and as such is not regulated as a dwelling unit type.
CONFORMANCE TO ESTABLISHED SETBACKS. Required front yard setbacks shall conform to existing setbacks as established by existing uses in any district.
CONSOLIDATING MASTER DEED. The final amended master deed for a contractible condominium project, and 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.
CONTIGUOUS. In contact with.
CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to the express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
CONTRACTOR, GENERAL. General contractors and builders engaged in the construction or maintenance of buildings and grounds, excluding landscape and heavy construction contractors.
CONTRACTOR, HEAVY. A person or firm engaged in the mechanical removal or movement of earth material, or contractors engaged in activities such as paving and utility construction.
CONTRACTOR, LANDSCAPE. Landscaping includes businesses principally engaged in lawn mowing, yard maintenance, decorative and functional alteration, planting and maintenance of the grounds. LANDSCAPE CONTRACTOR includes businesses that apply fertilizers, pesticides and other treatments for plants, trees, grass, irrigation and drainage facilities. This definition also includes tree services and commercial plant maintenance services. A LANDSCAPE CONTRACTOR shall not store grass clippings or other compostable material.
CONTRACTOR, STORAGE YARD. An enclosed portion of the lot or parcel on which a construction contractor maintains materials necessary for its principal use or business operation. STORAGE YARDS are characterized by the lack of a principal structure associated with the business for which storage is taking place, located on the parcel with the storage activity. This area may be used to store and maintain construction equipment materials customarily used in the trade carried on by the contractor.
CONVALESCENT OR NURSING HOME. A building wherein infirm or incapacitated persons are furnished shelter, care, food, lodging and needed attention for a compensation.
CONVENIENCE STORE. A retail operation selling a variety of items, which are primarily grocery products. They include items that may be required by neighborhood residents on a day to day basis. Non-grocery items frequently sold in this kind of establishment include newspapers, magazines, seasonal needs and the like.
CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.
CONVERTIBLE AREA. A unit or 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.
CORRECTIONAL INSTITUTION. A place where individuals are physically confined or interned and usually deprived of a range of personal freedom. The places may include prison, jail, reformatory, detention center, work farm, halfway house or residential community program center.
COVERAGE, LOT. The percent of the plot or lot covered by the building area.
CREMATORIUM. A building for cremating the deceased.
CROPS. A harvestable product, planted, grown and cultivated in the soil. FIELD CROPS are generally for sale and not consumed on the premises.
CROSS ACCESS. Vehicular access between two or more contiguous sites, designed so that the driver does to have to enter a public or private street.
CUL DE SAC. A street with only one outlet, having sufficient space at the closed end to provide a vehicular turning area.
CURB/CURBING. A concrete edging along a street or parking lot.
CURB, SLOTTED. A concrete edging along a street or parking lot not to exceed three feet in width. A curb constructed at the edge of a parking area that allows storm and flood water to enter a landscaped area/swale/sediment trap that will collect, settle-out and direct the flow of water away from the parking area.
DAY NURSERY. A private establishment enrolling children, where tuition, fees or other forms of compensation for the care of children is charged, and which is licensed or approved to operate as a child care center.
DEPTH. The distance from a property line to a structure.
DEQ. Department of Environmental Quality, an agency dedicated to conservation and protection of natural resources including fossil fuels, minerals and ground water.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to, building or other structures, mining, dredging, filling, grading, paving excavation or drilling operations.
DISTRICT. Any section within the community for which the regulations contained within this chapter are the same.
DNR. Department of Natural Resources, an agency dedicated to outdoor preservation, conservation and recreation including fishing and hunting.
DOMESTICATED ANIMAL. An animal that has been housed and fed by a human owner and has learned to depend on human provision so completely that it has little ability to survive if returned to a natural habitat. Typically includes animals like dogs and cats used as pets, and not animals on farms as part of an agricultural or farming operation.
DRIVE-IN. A business establishment so developed that its retail or service character is dependent on serving patrons while in the motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive-in service. DRIVE-IN is also interpreted to include "fast food" operations, which serve food in disposable containers, and to include restaurants with drive-through facilities.
DRIVE-IN THEATER. A theater designed to render its services to persons who drive up and remain seated in their cars to watch a movie with a rating of G, PG, PG-13, R, or NC-17 by the Motion Picture Association of America.
DRIVEWAY. A private roadway providing access for vehicles to a parking space or other structure.
DUMPSTER. A container used to hold trash, garbage, refuse or rubbish which is designed to be emptied into a garbage collection truck by mechanical means.
DWELLING. A building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities, sleeping facilities and sanitation facilities.
DWELLING, MULTIPLE. A building or portion thereof containing three or more dwelling units.
DWELLING, MULTIPLE FAMILY. A dwelling or group of dwellings on one lot, containing separate living units for three or more families, having separate or joint entrances, and including apartments, group homes, and condominiums.
DWELLING, SINGLE-FAMILY. A building containing not more than one dwelling unit only, designed for residential use.
DWELLING, TWO-FAMILY. A building containing two dwelling units.
DWELLING UNIT. One or more rooms including a single kitchen in a dwelling designed for occupancy by one family for living and sleeping purposes and sanitation facilities.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground surface or overhead electrical gas, water and sewage transmission and collection systems and the equipment and appurtenances necessary for the systems to furnish an adequate level of public service.
EXCAVATION. Removal or recovery by any means of soil, rock, minerals, mineral substances or organic substances, other than vegetation, from water or land, on or beneath the surface, whether exposed or submerged.
EXOTIC PET or EXOTIC ANIMAL. An unusual creature kept as a pet, sometimes for the express purpose of having a pet which is unique. Includes any unique- or wild-looking pet, such as common domestic animals like the ferret and the domestic rat. Alligators, wolves and wolf/dog hybrids, wild cat cubs (lions, tigers, ocelots and the like), snakes, tortoises, spiders, scorpions and rare birds are among the species typically considered as exotic pets. The term is also used for a species which is non-indigenous to the owner or prospective owner's locale.
FAMILY. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship;
(b) Four unrelated people;
(c) Two unrelated people and any children related to either of them; or
(d) Not more than six persons who are: 1) residing in a State-Licensed Residential Facility per provisions set forth in the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), or 2) "handicapped" as defined in the Fair Housing Act.
This definition does not include persons currently illegally using or addicted to a controlled substance. Family does not include any society, club, fraternity, sorority, association, lodge combine, federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal offenses.
FARM. A tract of land which is directly devoted to agricultural purposes; provided further that, FARMS may be considered as including establishments operated as greenhouses, nurseries, orchards, chicken hatcheries, apiaries; but establishments keeping or operating facilities for fur-bearing animals, riding or boarding stables and kennels shall not be considered FARMS hereunder unless combined with a bona fide farm operation on the same contiguous tract of land of not less than 20 acres.
FARM ANIMAL, LARGE. Any four-footed creature as livestock, which, at maturity, exceeds 100 pounds. This includes, but is not limited to, the following: cattle, horses, sheep, hogs and goats.
FARM ANIMAL, SMALL. All farm animals not included in the "farm animal, large" definition that are four-footed, foul or non-domestic animals.
FARMING, GENERAL. The practice of agriculture on a farm, as defined above.
FAST FOOD RESTAURANT. See DRIVE-IN.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, decorate or separate areas.
FINANCIAL BUSINESS. All uses listed in this item handle the financial preparation of all industries.
FLOOD PLAIN. The area which is inundated by the base flood (or a flood having a 1% chance of being equaled or exceeded in any given year) and carries and discharges the flood waters of the base flood, as determined by the Federal Emergency Management Agency (FEMA) and as indicated in the flood boundary and floodway map.
FOSTER CARE. See HUMAN CARE INSTITUTION.
FRONTAGE ROAD. A public or private street intended to create lot frontage away from the main arterial. Generally, the FRONTAGE ROAD is parallel to the main arterial.
FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE SALE.
A garage sale, also known as a yard sale, rummage sale, lawn sale, moving sale, estate sale, is an informal, irregularly scheduled event for the sale of used goods by private individuals, held entirely on their own property.
GOLF ACADEMY. An institution for special instruction and/or training for the advancement of golf. Possibly inclusive of a driving range, an instructional area and a chipping area and green area.
GOLF COURSE. A tract of land laid out for at least three holes for playing the game of golf and improved with tees, greens, fairways and hazards. A GOLF COURSE may include ancillary uses such as a clubhouse, restaurant, tennis courts, swimming pool, parking lot, driving range and maintenance buildings, any of which may be rented out for events.
GOLF COURSE, MINIATURE. See RECREATIONAL USE, COMMERCIAL.
GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal use.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. For the purposes of calculating parking and loading requirements, the GROSS FLOOR AREA is the floor area used for service to the public. It shall not include floor area used solely for storage or processing and packaging of merchandise.
HARD SURFACE. At least four inches of reinforced concrete or two inches of bituminous surface laid over five inches of compacted crushed stone. PAVED and HARD SURFACE shall have the same meaning for purposes of this chapter.
HAZARDOUS MATERIALS. Include, but are not limited to, a chemical that is a combustible liquid, a flammable gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable reactive or water reactive.
HEIGHT, MEASUREMENT OF. The height of a building, fence or wall at any given level is the height above the natural grade of any portion or portions of a wall or walls along the length of the building. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
HOME OCCUPATION. Any business carried on by one or more members of a family residing on the premises and must comply with the following requirements:
(a) Be operated in its entirety within the principal dwelling or principal accessory structure;
(b) Shall not have a separate entrance;
(c) Shall not involve alteration or construction not customarily found in a principal dwelling or principal accessory structure;
(d) Shall not use any mechanical equipment, except that which is used normally for purely domestic or household purposes;
(e) Shall not use more than 25% of the total actual floor area of the principle dwelling or principle accessory structure; and
(f) Not display or create outside the structure any external evidence of the operation of the home occupation other than allowable signs.
HORTICULTURE. The cultivation of a garden or orchard.
HOSPITAL. See INSTITUTION, HUMAN CARE.
HOTEL. See MOTEL.
IMPERVIOUS SURFACE. Surfaces that do not allow water to infiltrate into the ground. Examples include buildings, pavement and compacted soils within grassed or landscaped areas.
INCINERATOR. An engineered apparatus used to burn waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air can be controlled.
INDIVIDUAL STORAGE FACILITY. A structure containing separate storage spaces of varying sizes, leased or rented on an individual basis.
INSTITUTION, EDUCATIONAL. A school for pre-kindergarten through twelfth grade or any colleges or universities authorized by the state to award degrees.
INSTITUTION, HUMAN CARE. A public or private facility for physical or mental care. A HUMAN CARE INSTITUTION may include hospitals, convalescent or nursing homes, homes for the mentally or physically impaired, mental, physical or substance abuse rehabilitation facilities, day nurseries and the like.
INSTITUTION, RELIGIOUS. A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.
INSTITUTION, SOCIAL. Any profit or non-profit use or facility in which activities for pleasure or philanthropy are carried out. The institutions may include service clubs, scout organizations, hobby clubs and veteran's organizations.
JUNK YARD. A licensed open area where waste, used or second hand 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 wrecking yards dealing with automotive vehicles, tractors and/or construction equipment, and two or more inoperative, unlicensed vehicles or pieces of equipment shall be construed to be a JUNK YARD.
KENNEL. A facility where dogs, cats or other domestic pets are boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
LABORATORIES. A facility for scientific research or the testing of materials.
LIVESTOCK. Domesticated animals that may be kept or raised in pens, houses, pastures or on farms as part of an agricultural or farming operation, whether for commerce or private use.
LOADING BERTH OR SPACE. An off-street space at least ten feet wide, 25 feet long and 15 feet high, either within a building or outside on the same lot; provided, maintained and available for the loading or unloading of goods or merchandise, and having direct and unobstructed access to a public street or alley.
LOT. A parcel of land occupied or intended for occupancy by a main building and accessory buildings thereto, together with the open spaces as are required under the provisions of this chapter.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT: CORNER, INTERIOR AND THROUGH.
(a) CORNER LOT. A lot, which has at least two contiguous sides abutting upon a street for their full length, and provided the two sides intersect at an angle of not more than 135 degrees.
(b) INTERIOR LOT. A lot other than a corner lot.
(c) THROUGH LOT. An interior lot having frontage on two streets, which do not intersect at a point contiguous to the lot.
LOT LINES. The lines abutting a lot, as defined herein.
(a) LOT LINE, FRONT. In the case of an interior lot, that line separating the lot from the street. In the case of a through lot, that line separating the lot from either street. In the case of a corner lot, the shorter street line shall be considered the front lot line.
(b) LOT LINE, REAR. Lot line, which is opposite the front lot line. In the case of a corner lot, the REAR LOT LINE may be opposite either front lot line, but there shall only be one rear lot line. In the case of a lot with side lot lines converging at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than 20 feet long, lying farthest from the front lot line and wholly within the lot.
(c) LOT LINE, SIDE. Any lot line not a front lot line or not a rear lot line.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by county and community officials and which actually exits as shown, or any part of the parcel held in a record ownership separate from that of the remainder thereof.
LOT, WIDTH OF. The width measured along the front lot line or street line.
MANUFACTURED HOME SPACE. A plot or parcel of land within the manufactured home park designed to accommodate one manufactured home.
MANUFACTURED HOMES. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
MANUFACTURING. An operation in which raw materials or partially finished material is processed. This processing can include stamping, rolling, forging, plating, heat-treating, forming, molding and assembly.
MASSAGE. The definition of a MASSAGE as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
MASSAGE ESTABLISHMENT. The definition of a MASSAGE ESTABLISHMENT as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
MASTER DEED. The condominium document recording the condominium project as approved by the Zoning Administrator 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.
MASTER PLAN. A comprehensive long-range plan intended to guide the growth and development of a community. The PLAN includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and future land use.
MATERIAL. The definition of a MATERIAL as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
MERCHANDISE. The definition of a MERCHANDISE as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
MDOT. Michigan Department of Transportation.
MINING. The extraction of minerals, including solids, such as coal, ores, liquids, such as crude petroleum and gases such as natural gases. MINING also includes quarrying, ground water diversion, soil removal, milling, crashing, screening, washing and flotation of materials, and any other preparation customarily done at the mine site or as part of a mining activity. The following are not considered as MINING OPERATIONS:
(a) Excavation approved by a governmental body or competent jurisdiction in conjunction with the installation or maintenance of publicly owned or operated utilities, drainage facilities, roads or other publicly owned or operated improvements, where the excavation is limited to the site of the public utility or improvement;
(b) Excavation of limited scope and duration and which is undertaken for the immediate use and development of the land excavated, pursuant to a valid building permit issued from the township, such as for purposes of building construction, septic tanks or swimming pools; and
(c) Excavation in conjunction with farming operations conducted in accordance with generally accepted agricultural practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds.
MINI-STORAGE. See INDIVIDUAL STORAGE FACILITY.
MINOR. The definition of a MINOR as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
MORGUE. A place where the bodies of deceased persons are temporarily kept pending identification or release for burial or autopsy, and in which no medical procedures occur. A MORGUE is not to be considered synonymous with the definition of a MORTUARY.
MORTUARY. See FUNERAL HOME.
MOTEL. A building or group of buildings, whether detached or in connecting units, where individual spaces are offered for occupancy as temporary accommodations on a day-to-day basis, with separate bathroom and toilet facilities. The term MOTEL shall include buildings designed as “auto courts”, “tourist courts”, “motor hotels”, and similar uses which are designed as integrated units of individual rooms under common ownership. A MOTEL is not considered an “Adult Motel” unless it meets the definition of an “Adult Motel” as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code.
MULTIPLE-FAMILY. An building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the residence of three or more families.
NATIVE PLANT. A plant species that has naturally evolved in a certain area over thousands of years under certain soil, hydrologic and other site conditions. Where NATIVE PLANT is used in the text, this means a straight species, not a cultivar of a species.
NATURAL FEATURE. A watercourse, including a lake, pond, river, stream or creek.
NEW CONSTRUCTION. A structure for which the "start of construction" commenced on or after the effective date of this chapter.
NON-CONFORMITY. Any use of land or building, any parcel of land, or any building or other structure which does not comply with all of the district regulations for the zoning district in which it is located. Private roads existing at the time of adoption of this chapter are legal non-conforming uses of land.
NOVELTY. The definition of a NOVELTY as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
NUDE MODEL STUDIO. The definition of a NUDE MODEL STUDIO as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
NURSERY. Land or greenhouses used to raise flowers, shrubs, trees and plants for sale.
OFFICE. A place of business in which professional services are rendered or management activities of an enterprise are carried out. All such activities take place inside a building. OFFICE activities include, but are not limited to, law, medicine, dentistry, accounting or computer consulting, bookkeeping, tax preparation, insurance, securities brokerage, executive or managerial functions for any type of enterprise, workshop or studio for a graphic artist or photographer, studio for broadcast media, all aspects of a newspaper or publishing business except actual printing, binding or distribution centers, and a base of operation for salespeople which does not include storage or display of merchandise.
OPAQUE. Not pervious to light.
OPEN SPACE. Any unoccupied space open to the sky on the same lot with a building. See COURTS.
OUTDOOR COMMERCIAL RECREATION. An area or structure that offers commercial entertainment or recreation where any portion of the activity takes place outside. This includes, but is not limited to, a golf driving ranges, batting cages, riding arenas and corrals, racquet sports, miniature golf, paint ball, go-kart track, archery range or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices.
PARCEL. A parcel is a continuous piece of land under uniform ownership, which is occupied or intended for occupancy by principal building or use and any accessory structures or uses thereto. Every PARCEL shall abut upon and have permanent access to a public street. Also LOT.
PARKING SPACE. An off-street space of at least 162 square feet exclusive of necessary driveways, aisles or maneuvering areas suitable to accommodate one motor vehicle and having direct unobstructed access to a street or alley.
PERSONAL SERVICE BUSINESS. A business that primarily serves needs of individual people or families, including, but not limited to, hair or skin care, grooming, dry cleaning, tanning, health clubs, spas or tailoring, shoe repair and repair of small appliances, watches or jewelry.
PET GROOMING ESTABLISHMENT. Personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs or cats and which may sell pet supplies as an incidental use. This term does not include establishments which board pets.
PLACE OF WORSHIP. The definition of a Place of Worship as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
PLANNED COMMERCIAL UNIT DEVELOPMENT. A self-contained development in which zoning regulations apply to the entire project rather than to separate lots.
PLANNED RESIDENTIAL UNIT DEVELOPMENT. An area of land which allows through a planned reduction, or averaging, of the individual lot area requirements for each zoning district providing the overall density requirements for each district remains the same for each single-family dwelling unit. The averaging or reduction of lot area requirements shall only be permitted when a land owner or group of owners acting jointly, can plan and develop a tract of land as one complex land use unit rather than an aggregation of individual buildings located on separate unrelated lots.
PLANNED UNIT DEVELOPMENT. Is a self contained development, usually with a mixture of housing types in which subdivision and zoning regulations apply to the entire project rather than to separate lots. A PUD may also include mixed uses and can apply to commercial or office development.
PLANNING COMMISSION. The officially designated body of the township enabled under Pub. Act 33 of 2008 with all the duties and powers described therein. By extension, PLANNING COMMISSION is construed to include the Township Zoning Board prior to the effective date of Township Board action reorganizing the Zoning Board into a Planning Commission under provisions of Pub. Act 33 of 2008.
POND. An artificially or naturally confined body of still water, excluding swimming pools.
PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.
PUBLIC BUILDING. Those buildings that are open to the public during normal business hours including:
(a) Any building which provides facilities or shelter for public assembly or which is used for educational, office or institutional purposes;
(b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment, which provides services or retail merchandise;
(c) Any general office space and any portion of an industrial facility used primarily as office space;
(d) Any building owned by a state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sport arenas and university buildings; and
(e) Any public or private non-profit school or hospital.
PUBLIC LIBRARY. The definition of a PUBLIC LIBRARY as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
PUBLIC PARK. The definition of a PUBLIC PARK as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
PUBLIC STREET.
(a) Any vehicular way which:
1. Is an existing state, county or municipal roadway;
2. Is shown upon a plat approved pursuant to law; or
3. Is approved by other official action; and includes the land between the street or right-of-way lines, whether improved or unimproved.
(b) A public thoroughfare, which affords the principal means of access to abutting property.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board fully authorized to furnish to the public electricity, gas, steam, telephone, telegraph, transportation or water services. Wireless communication facilities are not considered PUBLIC UTILITIES.
QUARRIES. A place where building stone, marble or slate is excavated.
RACE TRACKS. A course prepared for horse, dog racing or cars.
RECREATIONAL USE, COMMERCIAL. For profit establishments providing recreational activities for a fee. In general, these activities are participatory in nature. COMMERCIAL RECREATIONAL FACILITIES include such uses as bowling alleys, roller rinks, race tracks, arcades, indoor driving ranges, miniature or putt-putt golf and the like.
RECREATION VEHICLE. A vehicular, portable structure designed as a temporary dwelling for travel, recreational and vacation uses.
RECREATIONAL USE, PRIVATE. A recreational use carried out entirely on private land for the property owner and his or her guests' pleasure. PRIVATE RECREATIONAL USES are not open to the public or admissible by a fee. Examples of this are Putt Putt golf, go-karts and similar uses.
RECREATIONAL VEHICLE, EQUIPMENT. A vehicular type portable structure without permanent foundation that can be towed, hauled or driven. It may be used for temporary living accommodations for recreational, camping and travel use. These vehicles include, but are not limited to, campers, travel trailers, truck campers or motor homes. Other vehicles/equipment also included in this definition are trailers of any kind, personal watercraft, off-road vehicles of any kind, snowmobiles and similar vehicles/equipment that may propel a person or is used to transport the vehicles. All described vehicles and/or equipment must have a valid and current license, issued by a state in prominent display to be considered licensed.
RESTAURANT. An establishment where food and drink are prepared, served and consumed primarily within the principal buildings.
RESTAURANT WITH ENTERTAINMENT. Any restaurant, as defined above, with live presentations of any kind.
RETAIL. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods.
RETAIL, FOOD. Any fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service with or without charge on or at the premises or elsewhere.
RIGHT-OF-WAY. A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
ROAD. See STREET.
ROADSIDE STAND. A structure for the display of agricultural products, with no space for customers within the structure itself.
ROW HOUSE. Identical houses joined along sides by common walls.
SALES AREA. Defined as the floor area within the inside perimeter of the exterior walls of the commercial establishment, exclusive of vent shafts and courts, storage, stock, office and shipping areas, without deduction for corridors, display fixtures, stairways, public restrooms, closets, the thickness of interior walls, columns or other features.
SAND/GRAVEL PIT. An area primarily engaged in operating and dredging sand and gravel; washing, screening or otherwise preparing sand and gravel.
SANITARY LANDFILL. A tract of land developed, designed and operated to accommodate general types of solid waste including, but not limited to, garbage, rubbish, soils and concrete, but excluding hazardous waste.
SCHOOL. The definition of a SCHOOL as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this code, is hereby adopted by reference hereto and incorporated herein.
SCRC. Saginaw County Road Commission.
S.E.V. The state equalized valuation of the property in question. This is presumed to be 50% of the property's true cash value.
SEASONAL USE. See TEMPORARY BUILDING USE and TEMPORARY OUTDOOR USE.
SERVICE AREA. Anywhere fuel is dispensed or any service of the business is performed.
SERVICE BUSINESS. An enterprise, which deals in the performance of work for hire. No outdoor activity takes place on the premises. All work is performed either at the customer's place of business or residence or within the building occupied by the SERVICE BUSINESS. See also FINANCIAL BUSINESS, PERSONAL SERVICE BUSINESS.
SERVICE DRIVE. A private drive intended to provide access between and among private properties.
SERVICE INSTALLATIONS AND PUBLIC UTILITIES. This includes transformers and pump stations and meters and those aspects of electric, telephone, water and sewer tanks, cable television, gas and other similar services that provide direct service to the ultimate consumer and shall
include warehousing, storage yards and similar industrially oriented facilities of utility companies. Certain utilities and services shall be exempt, for the purposes of this chapter, from this definition and the requirements hereof. These include: traffic signals, fire hydrants, telephone booths and pedestals, mailboxes; wires, poles, pipes and meters and similar facilities which provide service connections between primary distribution lines or mains and individual residential, commercial or industrial customers; railroad tracks, signals, bridges and other similar facilities and equipment located on a railroad right-of-way.
SETBACK. A FRONT SETBACK is measured from the edge of the right-of-way of any abutting roadway. A REAR SETBACK is measured from the rear property line. A SIDE SETBACK is measured from any other abutting property line. Corner lots shall require two FRONT SETBACKS, but only one rear setback.
SEXUAL ENCOUNTER CENTER. The definition of a SEXUAL ENCOUNTER CENTER as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
SEXUALLY ORIENTED BUSINESS. The definition of a SEXUALLY ORIENTED BUSINESS as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
SHOOTING CLUB. A private association of people who hunt for sport on a parcel of land using firearms such as, though not limited to, shotguns and rifles.
SHOOTING RANGE. As defined by Pub. Act 269 of 1989, being M.C.L.A. §§ 691.1541 to 691.1544.
SIGN. Please refer to Ch. 153 of this code of ordinances.
SITE, AREA. The total area within the property lines excluding street right-of-ways.
SITE CONDOMINIUM. The portion of a condominium subdivision designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed. A condominium unit is not a lot or a parcel as those terms are used in this chapter.
SOIL or SOILS. Peat, gravel, sand, clay, subsoil, topsoil, earth or other soils.
SPECIAL ACTIVITIES. Activities of a one-time or annual nature including but not limited to, auto rallies, concerts, auto shows, revival meetings, carnivals, haunted houses, etc. SPECIAL ACTIVITIES do not include any activities as defined in Chapter 114, Sexually Oriented Businesses, even if onetime or annual in nature.
SPECIAL USE. The term applied to a use, which may be permitted by the application for and issuance of a special use permit by the Planning Commission. Special procedures and requirements, as outlined in cited sections, must be complied with prior to issuance of the permit.
SPECIFIED ANATOMICAL AREAS. The definition of SPECIFIED ANATOMICAL AREAS as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
SPECIFIED SEXUAL ACTIVITIES. The definition of SPECIFIED SEXUAL ACTIVITIES as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for hire.
STACKING LANE. An area for temporary queuing of motor vehicles.
STATE LICENSED RESIDENTIAL FACILITY. A private residence licensed by the state to receive not more than six aged, emotionally disturbed, developmentally disabled or physically handicapped adults who require ongoing supervision, but not continuing nursing care. Note that the licensee must be a member of the household and an occupant of the residence. Note also that none of the following may be construed to be a STATE LICENSED RESIDENTIAL FACILITY: a nursing home, home for the aged, or hospital, as defined by Pub. Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq.; a hospital for the mentally ill, as defined by Pub. Act 258 of 1974, being M.C.L.A. §§ 333.1100 et seq.; a county infirmary, as defined by Pub. Act 280 of 1939, being M.C.L.A. §§ 400.1 et seq.; a child caring institution, children's camp, foster family home or group home, as defined by Pub. Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128; a veterans' facility, as defined by Pub. Act 152 of 1885, being M.C.L.A. §§ 36.1 to 36.12; nor an alcohol or substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, a hotel or a rooming house, nor a residential facility licensed by the state to care for four or fewer minors.
STATE OF NUDITY OR PUBLIC NUDITY. The definition of a STATE OF NUDITY OR PUBLIC NUDITY as defined in the Kochville Township Sexually Oriented Business Ordinance as codified in Chapter 114 of this Code, is hereby adopted by reference hereto and incorporated herein.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than five feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A HALF-STORY containing independent apartments or living quarters shall be counted as a full story.
STORY, HEIGHT OF. The vertical distance from the top surface of one floor to the top surface of the next floor above. The HEIGHT of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.
STREET. A public or private thoroughfare, which affords the principal means of access to abutting property.
STREET FUNCTION CLASSIFICATION. Functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. Three basis groups include: arterials for primary mobility; collectors for both mobility and land access, and locals for primary land access.
(a) COLLECTOR. A public or private collector system provides both land access service and for local traffic movements within residential neighborhoods, commercial areas and industrial areas.
(b) LOCAL. A public or private vehicular right-of-way that serves as direct land access to higher systems.
(c) MINOR ARTERIAL. Interconnects with and augments the principal arterial system and provides service to trips of moderate length at a somewhat lower level of travel mobility.
(d) PRINCIPAL ARTERIAL. Serves the major centers of activity of the region and carries the highest traffic volume.
STRUCTURE. See BUILDING.
SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
(b) For the purposes of this definition,
SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affect the external dimensions of the structure. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local Health, Sanitary or Safety Code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SUBSTANTIAL PROPERTY RIGHT. A veritable right to specific material property.
SWALE. An open drainage channel or depression, explicitly designed to detain and promote the filtration of storm water runoff into an underlying soil media.
SWIMMING POOL. An artificially contained body of water for the purpose of swimming excluding hot tubs. A SWIMMING POOL is greater than two feet deep at any point.
TAPER. A traffic lane, varying in length, used to move traffic out of or in to its normal path.
TATTOO AND PIERCING PARLOR. An establishment whose principle business activity, either in terms of operation or as conveyed to the public, is the practice of one or more of the following:
(a) Placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and/or
(b) Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TAVERN. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged alcoholic beverages may be served or sold only as accessory to the primary use.
TEMPORARY BUILDING USE. A use in a temporary or permanent structure, established for a fixed period of time with the intent to discontinue the use upon the expiration of the time period granted in the special use permit.
TEMPORARY OUTDOOR USE. A use carried out in an open area or uncovered or temporary structure, which is disbanded when the designated time period, activity or use for which the temporary structure was erected, has ceased.
TOWNHOUSE. Single-family attached unit in structures housing three or more dwelling units, contiguous to each other only by the sharing of one common bearing wall; such structures are to be of the townhouse type as contrasted to multiple-family dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.
TRUCK GARDEN. A farm where vegetables are grown for market.
USE. The employment or occupation of a building structure or land for service, benefit or enjoyment.
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement thereof would cause undue hardship owing to circumstances unique to the specific property on which the modification is granted by the Zoning Board of Appeals.
VARIANCE (ACCESS MANAGEMENT). An adjustment in the application of the specific regulations of the access management ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies the disparity in privileges.
VEHICLE. Any mode of transportation that transports people or objects and requires a license, license plate or registration.
WATERCOURSE. Any natural or artificial watercourse, stream, channel, creek, ditch, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent tracts subject to inundation by reason of overflow of flood water.
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.
WHOLESALE, JOBBING, AND DISTRIBUTING. The sale of goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers, and related subordinated services. Wholesalers frequently physically assemble or sort and grade goods in large lots, break bulk, repack and redistribute in smaller lots.
WIRELESS COMMUNICATION FACILITIES. A radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or to another structure, used for the transmission of reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunications signals.
YARD. An open space on the same lot with a building, unobstructed from the ground upward, except as otherwise provided herein. The measurement of a YARD shall be construed as the minimum horizontal distance between the lot line and the building line.
(a) YARD, FRONT. A yard extending across the front of a lot between the side lot lines and measured between the front line of the lot and nearest point of the main building or land use.
(b) YARD, REAR. An open space on the same lot with a main building, unoccupied, except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and rear line of the building projected to the side lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the lot, or the centerline of the alley, if there is an alley, and the rear line of the building.
(c) YARD, SIDE. An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a front line or a rear line shall be deemed as a side line.
YARD REQUIRED, HOW MEASURED. Required yard depth or width shall be measured in a horizontal plane and at right angels from the lot line in question or an extension thereof.
ZERO LOT LINE. The duplex building must be constructed so that each unit will occupy approximately one-half of the original lot. Each unit must have its own driveway and garage on its portion of the original lot. The division line must be through the common wall of the duplex building. An owner's agreement, detailing all items of common concern, must be recorded in the office of the Register of Deeds.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009; Ord. 12-001, passed 2-21-2012; Ord. 14-03, passed 4-22-2014; Ord. 16-05, passed 5-16-2016; Ord. 21-05, passed 7-19-2021)