For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number. Terms not herein defined shall have the meanings customarily assigned to them.
ACCESSORY BUILDING. A building or portion of a building subordinate to a main building on the same lot occupied by or devoted exclusively to an accessory use. An ACCESSORY BUILDING must conform to all setback requirements of the primary use in nonresidential districts.
AGRICULTURAL PRODUCTS. Includes, but is not limited to, crops (corn, wheat, hay, potatoes); fruit (apples, peaches, grapes, cherries, berries and the like); cider; vegetables (sweet corn, pumpkins, tomatoes and the like); floriculture; herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs and fur and the like); aquaculture products (fish, fish products, water plants and shellfish); horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees); maple sap and the like.
AGRICULTURAL TOURISM, AG-TOURISM AND/OR AGRI-TOURISM. The practice of visiting an agribusiness, horticultural, or agricultural operation, including, but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, a companion animal or livestock show, for the purpose of recreation, education or active involvement in the operation, other than as a contractor or employee of the operation.
AGRICULTURALLY RELATED PRODUCTS. Items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in the state and value-added agricultural products and production on-site.
AGRICULTURALLY RELATED USES. Those activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides and educational events, such as farming and food preserving classes and the like.
AGRICULTURE. Includes horticulture, floriculture, dairying and livestock raising; chicken hatcheries, poultry raising and apiaries; forestry, greenhouse, tree, shrub and similar plant nurseries and orchards; but not including establishments keeping or raising fur-bearing animals, commercial dog kennels, riding or boarding stables and other similar enterprises; not establishments for the slaughtering of animals, except such animals as have been raised on the premises for at least one year immediately prior thereto.
ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification to a structure or type of occupancy, any change in the structural members of a building such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstruction.”
ANEMOMETER TOWER. A freestanding tower (or other structural means of mounting) containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system which is a temporary accessory land use to either a proposed on-site use wind energy system (windmill) or a utility grid wind energy system (wind farm).
APARTMENT. A residential structure containing three or more attached one-family dwellings.
AUTO REPAIR GARAGES. A place where the following activities may be carried out: vehicle body repair, engine rebuilding or repair, undercoating, painting, tire recapping, upholstery work and auto glass work.
AUTOMOTIVE SERVICE CENTER. A place where automobile service may be carried out for minor repair and servicing of automobiles, together with the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, only when the location of such AUTOMOTIVE SERVICE CENTER is architecturally designed and located on the site so as to become an intregal part of a larger planned shopping center complex.
BASEMENT. That portion of a building which is partly, or wholly below grade but so located that the vertical distance from average grade to the floor is greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the average grade to the ceiling is over five feet, such BASEMENT shall be rated as a first story.
BILLBOARD. Any structure or portion thereof designed or intended to be used or posting, painting, or otherwise affixing any advertising sign, which advertising sign does not pertain to the premises or to the use of premises on which the BILLBOARD is located or to goods sold or services rendered or activities conducted on such premises.
BOARDING HOUSE. A dwelling where meals, or lodging and meals, are provided for compensation for three or more persons by prearrangement for definite periods. A BOARDING HOUSE shall be distinguished from a hotel.
BUILDABLE LAND AREA. The BUILDABLE LAND AREA of a lot or parcel for purposes of density calculation and allowable numbers of large animals shall be that area of a lot or parcel exclusive of land which is within a floodplain, waterbody, wetland, road easement or right-of-way (private or public).
BUILDABLE LOT AREA. The buildable lot area is the space remaining on the lot or parcel after yard, parking, floodplain, waterbodies, wetland areas or other areas required by this chapter which prevent or restrict development or specific areas(s) have been met.
BUILDING. A structure, either temporary or permanent, having a roof supported by columns, or walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind. (This shall include tents, awnings or vehicles situated on private property and used for such purposes). Includes the word “structure.”
BUILDING, ACCESSORY. A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
BUILDING HEIGHT. The vertical distance measured from the established grade of the center, of the front of the building to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs; and the average height between the lowest point and the highest point on a shed roof. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
BUILDING INSPECTOR. The Building Inspector or official designated by the Township Board.
BUILDING LINE. A line formed by the face of the building, and for the purpose of this chapter, a BUILDING LINE is the same as the front setback.
BUILDING, MAIN. A building in which is conducted the principal uses of the lot on which it is situated.
CARETAKER’S RESIDENCE. An accessory structure which serves as the primary residence of a person or persons who maintains the grounds.
CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit.
COLOCATION. The location by two or more wireless communication providers or wireless communication facilities on a common structure, tower or building.
COMMERCIAL USE. Relates to the use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services and the maintenance or operation thereof of offices, or recreational or amusement enterprises.
DISTRICT. A portion of the unincorporated part of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DOMESTIC PETS. An animal kept solely for companionship, recreation, and pleasure, regardless of the use of the property where the animal resides. All animals kept for companionship, recreation, and pleasure shall be considered domestic pets for the purposes of this ordinance, except for those defined as “exotic or wild animals.”
DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DRIVE-IN RESTAURANT. A business establishment for the serving of food and/or beverages, with driveways and approaches, so developed and designed so as to serve patrons while in the motor vehicle, or permit patron self-service so that consumption within motor vehicles may be facilitated, as differentiated from a restaurant with indoor seating only.
DWELLING. Includes residence.
DWELLING, MULTIPLE FAMILY. A building, or portion thereof, designed exclusively for occupancy by three or more families living independently of each other. (Refer to APARTMENT definition for dwelling unit types.)
DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for and occupancy by two families, living independently of each other.
DWELLING UNIT. A building, or a portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
ERECTED. Any physical operations on the premises required for the construction or moving on and includes construction, reconstruction, alteration, building, excavation, fill, drainage, installation of utilities and the like.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate services by such utilities or municipal departments for the general health, safety or welfare.
EXCAVATION. Any breaking of the ground to hollow out by cutting, digging or removing any soil or rock matter, except for common household gardening and general farm care.
EXOTIC OR WILD ANIMAL. Any animal not commonly (in Michigan) domesticated, raised for slaughter, or used for agricultural purposes, especially animals that pose a clear and present danger to humans, including but not limited to big cats, venomous snakes, and large apes.
FAMILY. One or two persons or parents, within their direct lineal descendents and adopted children (and including the domestic employees thereof). Together with not more than two persons not so related, living together in the whole or part of the dwelling unit comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate FAMILY for the purpose of this chapter.
FARM. All of the contiguous neighboring or associated land operated as a single unit on which agriculture is carried on directly by the owner-operator, manager or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees; provided, however, that land to be considered a farm hereunder shall include a continuous parcel of 20 acres or more in area.
FARM ANIMAL. An animal raised for slaughter or kept for the purposes of contributing to an agricultural use through labor or the production of milk, eggs, manure, wool, or other animal-based products.
FARM BUILDINGS (AGRICULTURAL BUILDINGS). Any building or structure other than a dwelling, moved upon, maintained, used or built on a farm which is essential and customarily used on farms of that type for the pursuit of their agricultural activities.
FARM MARKET/ON-FARM MARKET. The sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agribusiness operation or agricultural land, but not including temporary roadside stand markets.
FENCE. A structure of definite height and location to serve as an enclosure in carrying out the requirements of this chapter.
FENCE, OBSCURING. A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
FILLING. The depositing or dumping of any matter onto, or into the ground, except common household gardening and general farm care.
FIREARM. An instrument which is capable of hurling a missile by means of exploding or burning powder.
FLOOR AREA. The floor area of a residential dwelling unit is the sum of the horizontal areas of each story of the building as measured from the exterior walls; exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
FLOOR AREA, USABLE. For the purposes of computing parking, usable floor area is all ground and nonground floor area used for, or intended to be used for, the sale of merchandise or service or for use to serve patrons, clients or customers. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.
FUR-BEARING ANIMALS. Any mammal commonly (in Michigan) domesticated, raised for slaughter, or used for agricultural purposes. An animal may be considered a FUR-BEARING ANIMAL as well as a farm animal, domestic pet, or exotic or wild animal.
GARAGE, PRIVATE. A building used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located and with a capacity of not more than three motor driven vehicles. The foregoing definition shall be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rate capacity of three-fourths ton. This shall not include the storage of large tractors, backhoes, bulldozers, other construction-type equipment or similar equipment.
GARBAGE. Every refuse, accumulation of all waste, animal, fish, fowl, fruit or vegetable matter incident to the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit and vegetable, including spoiled food, dead animals, animal manure and fowl manure.
GASOLINE SERVICE STATION. A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of automobiles.
GRADE. The highest point of ground contacting any portion of the basement or foundation of a dwelling.
GREENBELT. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
GUN CLUB. Any club, organization, individual, group of individuals, or use, whether operated for profit or not, which caters to or allows the use of firearms.
HOBBY FARM. A farm which is limited in scale, operated on a part-time basis primarily for pleasure, in agricultural districts subject to the use restrictions in said district.
HOME OCCUPATIONS. Any use customarily conducted entirely within the dwelling, (not including breezeway or garage, attached or detached), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, is not offensive and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One non-illuminated name plate, not more than two square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises.
HOSPITAL. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the state.
HOTEL (MOTEL). A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation.
INDUSTRIAL USE. Any land or building occupied or used for manufacturing or processing purposes.
JUNK YARD. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes automobile wrecking yards, and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs, six months old or over for sale, breeding, boarding, or training purposes, are either permanently or temporarily boarded for remuneration.
LABORATORY. A place devoted to experimental study such as testing and analyzing, but not devoted to the manufacturing of a product or products.
LARGE ANIMAL. Farm animals and other similar animal which are customarily raised on a farm, such as, but not limited to, horses, cattle, pigs, sheep, goats and ponies.
LOADING 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 unloading merchandise or materials.
LOT. A parcel of land occupied, or which could be occupied, by a main building or group of such buildings and accessory buildings, or utilized for the principal use and used accessory thereto, together with such open spaces as are required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records. LOT includes the words “plot” or “parcel.”
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a CORNER LOT for the purpose of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured along the median between side lot lines.
LOT, DOUBLE FRONTAGE. Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of DOUBLE FRONTAGE LOTS, all sides of said lot adjacent to streets shall be considered frontage, and front yards shall be provided as required.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein.
(1) FRONT LOT LINE. In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot, the FRONT LOT LINE is that line separating said lot from the street which is designated as the front street in the plat and in the application for a building permit or zoning occupancy permit. In the case of a double frontage lot, both lot lines abutting on streets shall be treated as FRONT LOT LINES.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot lines other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side.
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 township or county officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.
LOT WIDTH. The horizontal distance between the side lot lines measured at the two points where the building lines, or setback intersects the side lot lines.
MASTER PLAN. A comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the township and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
MAY. Is permissive.
MOBILE HOME (TRAILER COACH). Any vehicle designed, used or so constructed as to permit its ability to be transported upon the public street or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
MOBILE HOME PARK (TRAILER COURT). Any plot of ground upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are or may be located.
NON-AGRICULTURALLY RELATED PRODUCTS. Those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries and the like.
NON-AGRICULTURALLY RELATED USES. Activities that are part of an agri-tourism operation’s total offerings but not tied to farming or the farm’s buildings, equipment, fields, or the like. Such NON-AGRICULTURALLY RELATED USES include amusement rides, concerts, haunted houses and the like, and are subject to a special use or temporary use permit.
NONCONFORMING BUILDINGS. A building or portion thereof, existing at the effective date of this chapter, or amendments thereto, that does not conform to the use provisions of the chapter, nor to the use regulations of the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the time this chapter, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located.
OCCUPANCY LOAD. The number of individuals normally occupying a building or part thereof, or for which the existing facilities have been designed.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of automobiles.
ON-SITE USE WIND ENERGY SYSTEM. A wind energy conversion system (windmill) which converts wind energy into electricity (or other form of usable energy) through the use of a wind turbine generator and includes turbine, blades and tower as well as related electrical equipment. Only one windmill is involved and the energy produced is intended to be primarily used on-site. Windmills with a power generation capacity of five kilowatts (or equivalent) or less (e.g., for livestock watering tanks), that are located in the AG district are exempt.
PARKING SPACE. An area of definite length and width and shall be exclusive of drives, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
PERSON. Includes “corporation,” “copartnership,” “association,” as well as an “individual.”
POND. An inland body of water, either natural or manmade, that in its natural state retains stormwater or exposes the ground water table.
PUBLIC SERVICE. Service facilities within the context of this chapter shall include such uses and services as voting booths, pumping stations, fire halls, police stations, temporary quarters for welfare agencies, public health activities and similar uses including essential services.
PUBLIC UTILITY. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
RETENTION BASIN. A wet or dry stormwater holding area, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway.
ROADSIDE STANDS OR MARKETS. A temporary use of property or facilities for the selling of produce.
RUBBISH. The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.
SANITARY LAND FILL. Any operation which involves the piling, placing, storing, dumping or depositing, in a hole or trench, any material in the form of rubbish and/or waste materials.
SEASONAL. A recurrent period characterized by certain occurrences, festivities or crops; harvest, when crops are ready; not all year round.
SETBACK. The distance required to comply with front, side or rear yard open space provisions of this chapter.
SHALL. Is mandatory.
SIGN. The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known (other than billboards) such as are used to show an individual, firm, profession or business, and are visible to the general public. Accessory SIGNS pertain to uses or activities conducted on the premises where the SIGNS are located.
SIGN, SEASONAL. A sign erected for a limited period of time during the year when retailing activities for a particular farm product is available to the public.
STORY. The part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.
STREET. A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected and designed for a permanent location on the ground.
TEMPORARY BUILDING OR USE. Where permitted by this chapter, a temporary recreational vehicle or trailer, or other use, permitted to exist during periods of construction of the main building or use, or for special events.
THOROUGHFARES, MAJOR. An arterial street which is intended to serve as a large volume trafficway for both the immediate township area and the region beyond, and may be designated as a MAJOR THOROUGHFARE, parkway, freeway, expressway or equivalent term.
THOROUGHFARES, SECONDARY. An arterial street which is intended to serve as a trafficway serving primarily the immediate township area and serving to connect with major thoroughfares.
TRAVEL TRAILER AND/OR MOTOR HOME. A vehicle designed as a travel unit for occupancy as a temporary or seasonal vacation living unit.
USE, ACCESSORY. A use subordinate to the main use of a lot and used for purposes clearly incidental to those of the main use.
USED or OCCUPIED. Includes the words “intended,” “designed” or “arranged” to be USED or OCCUPIED.
UTILITY GRID WIND ENERGY SYSTEM (WIND FARMS). A wind energy conversion system (windmill(s)) which converts wind energy into electricity (or other form of usable energy) through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. One or more windmills may be involved and the energy produced is intended to be primarily used off-site. Off-site wiring to connect the wind energy conversion system to the grid is not included in this definition.
VALUE-ADDED AGRICULTURAL PRODUCT. The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming or packaging, education presentation, activities and tours.
WILD ANIMAL. See EXOTIC OR WILD ANIMAL.
WIRELESS COMMUNICATION FACILITIES. All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities, monopoles and lattice towers. Not included within this definition are: citizen band radio facilities; short wave facilities; ham amateur radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.
YARDS. The open spaces on the same lot with a main building or main use, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein.
(Ord. passed 10-11-2000; Ord. 26, passed 6-10-2009; Ord. 28, passed 2-9-2011; Ord. 36, passed 6-8- 2016)