§ 152.266 CONDOMINIUM DEVELOPMENTS.

   All site condominiums shall fully comply with the State of Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended. Concurrent with notice to the village required pursuant to § 71 of the Condominium Act (M.C.L.A. § 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information:

   (A)   Application information.

      (1)   The name, address and telephone number of the following:

         (a)   All persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);

         (b)   All engineers, attorneys, architects or registered land surveyors associated with the project; and

         (c)   The developer or proprietor of the condominium project.

      (2)   The legal description and tax identification number(s) of the subject lot(s).

      (3)   The total gross site area (acreage to be dedicated as public right-of-way shall be noted).

      (4)   A detailed description of all proposed land uses.

      (5)   The approximate number of condominium units to be developed.

      (6)   Building elevation and floor plans where applicable.

      (7)   A description of the proposed water system.

      (8)   A description of proposed wastewater treatment system.

      (9)   The location of floodplains, when appropriate.

      (10)   A site plan showing the location, area and dimensions of all building envelopes, building sites (limited commons area and general commons areas) and other requirements listed in § 66 of the Condominium Act (M.C.L.A. § 559.166) and §§ 152.385 et seq.

      (11)   A storm water management plan, including all conduits, swales, county drains, detention basins and other related facilities.

      (12)   Unrecorded, draft copies of the master deed bylaws and other restrictive covenants.

   (B)   Compliance required. All the requirements of Administrative Rules 401 (R559.401) and 402 (R559.402) promulgated by the Condominium Act shall be met.

   (C)   Roads.

      (1)   All building sites shall have direct access to a public or private road right-of-way. All roads shall be constructed to standards approved by the Village Council.

      (2)   Street layout. Street layout shall provide for the continuation of existing major road collector streets in surrounding areas, or conform to a plan for neighborhood development approved by the Planning Commission.

      (3)   Future connections. Certain proposed streets, as designated by the Planning Commission shall be extended to the boundary line of the parcel to provide future connection with adjoining land.

      (4)   Private streets. Private streets and roads shall generally be prohibited. If private streets or roads are approved, sufficient area shall be left undeveloped along the private street or road to allow for possible future right-of-way dedication per Livingston County Road Commission Standards.

   (D)   Street trees. Trees shall be provided along both sides of all streets, public or private, and shall be uniformly spaced to create a tree lined street at the minimum rate of one tree per lot or at a maximum distance of 50 feet on center within a ten-foot planting strip immediately adjacent to the road right-of-way. Street trees shall not interfere with any overhead or underground utility lines. Consideration should be given to the mature size and height of the tree when evaluating placement and species selection.

   (E)   Street lighting. Streetlights shall be provided in all residential developments. They shall have underground wiring. Light standards shall meet the minimum specifications of the electric utility company serving that area of the proposed development.

   (F)   Amendments or changes in project. Amendments or changes in a condominium project, as described in § 67 of the Condominium Act (M.C.L.A. § 559.167), shall conform to all design standards for the zoning district where the project is located, shall be approved by the village and this requirement shall be made part of the bylaws and recorded as part of the master deed.

   (G)   Delineation of condominium units. All individual condominium units shall conform to the design standards for minimum lot width, lot area, yard and setback requirements. The units shall be approved by the Village Council, and those requirements shall be made part of the bylaws and recorded as part of the master deed.

   (H)   Monumentation required. All condominium projects that consist in whole or in part of condominium units that are building sites, manufactured home sites or common open space or recreational sites, shall be marked with monuments as provided herein. With respect to the minimum requirements for the survey of a proposed condominium project, monuments shall be located in the ground according to the following requirements:

      (1)   Monuments consisting of iron, steel bars or pipes not less than one-half inch in diameter and 36 inches in length shall be placed at all major boundary corners of project area;

      (2)   Monuments shall be located in the ground at all angles in the boundaries of the condominium project boundary; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line;

      (3)   If a location of a monument is clearly impractical, it is sufficient to place a reference monument nearby and the precise location thereof shall be clearly indicated on the survey plan of the condominium subdivision plan and referenced to the true point;

      (4)   If a point required to be monumented is on a bedrock outcropping or other hard surface, a steel rod, not less than one-half inch in diameter shall be drilled and grouted into solid material to a minimum depth of eight inches and clearly labeled on the survey plan;

      (5)   All required monuments shall be placed flush with the ground, where practicable, in accordance with the final grade;

      (6)   All building areas shall be monumented in the field by iron or steel bars or pipes at least 18 inches long and one-half inch in diameter or other markers approved by the Village Council; and

      (7)   The Village Council may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the Village Clerk cash or a certified check or irrevocable bank letter of credit running to the Village of Pinckney, whichever the proprietor selects, in an amount not less than $25 per monument and not less than $500 in total. The cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(Ord. 37, passed 8-28-2005; Ord. 146, passed - -2020; Ord. 154, passed 1-11-2021)

§ 152.267 DEFINITIONS.

   (A)   Construction of language. For the purposes of this chapter, certain words and terms used herein shall be defined and interpreted as follows:

      (1)   Words used in the present tense include the future;

      (2)   The singular number includes the plural and the plural, the singular;

      (3)   The word BUILDING includes the word STRUCTURE;

      (4)   The word LOT includes the word PLOT or PARCEL;

      (5)   The word PERSON shall include any individual, firm, co-partnership, corporation, company, association, club, joint venture, estate, trust or any other group or combination acting as a unit, and the individuals consisting of the group or unit and the plural as well as the singular number, the singular masculine pronoun shall include the feminine, neuter and plural unless the intention to give a more limited meaning is disclosed by the context;

      (6)   The word USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED or OCCUPIED;

      (7)   The words SHALL, IS or ARE are always mandatory, not directory; and

      (8)   Any word or term not defined herein shall be used with a meaning of common or standard utilization.

   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.

      ACCESSORY DWELLING UNIT (ADU). A second dwelling unit on the same lot as an existing single-family dwelling, where the physical character of such second dwelling unit is clearly subordinate to the existing single-family dwelling and the second dwelling unit functions in an accessory manner to the existing single-family dwelling. The existing dwelling on the lot is commonly referred to as the principal dwelling.

      ACCESSORY STRUCTURE. An attached or detached structure on the same lot as the principal building and used exclusively for an accessory use.

      ACCESSORY USE. A use customarily incidental and subordinate to the principal use, and located on the same lot as the principal building. Residential accessory uses include common open space and residential recreation centers.

      ADULT CABARET. An establishment where sexually explicit materials or entertainment is presented, displayed, permitted or provided to patrons, excluding minors by reason of age pursuant to state or local law.

      ADULT FOSTER CARE FACILITY. An establishment that provides foster care to adults, including adults who are aged, mentally ill, developmentally disabled or physically disabled who require supervision and care on an on-going basis, but who do not require continuous nursing care. An ADULT FOSTER CARE FACILITY is further defined and regulated by the state Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 through 400.737, as amended. An ADULT FOSTER CARE FACILITY does not include a facility licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions or substance abuse rehabilitation facilities, a home for the aged or a nursing home as defined herein. See also definition of FOSTER CARE.

         ADULT FOSTER CARE CONGREGATE FACILITY. An adult foster care facility with the approved capacity to receive and provide foster care for more than 20 adults.

         ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive and provide foster care for six or fewer adults. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.

         ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with the approved capacity to receive and provide foster care for at least 13 but not more than 20 adults.

         ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity to receive and provide foster care for 12 or fewer adults.

      ADULT USE MARIHUANA ESTABLISHMENTS.

         MARIHUANA ESTABLISHMENT. A marihuana grower facility, marihuana microbusiness, marihuana processor facility, marihuana retailer, marihuana safety compliance facility, marihuana secure transporter facility, or any other type of marihuana-related business licensed by the Marihuana Regulatory Agency.

         MARIHUANA GROWER. A person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments (Class A , maximum of 100 plants; Class B, maximum of 500 plants; Class C, maximum of 2000 plants).

         MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

         MARIHUANA MICROBUSINESS. A person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

         MARIHUANA PROCESSOR. A person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

         MARIHUANA RETAILER. A person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

         MARIHUANA SECURE TRANSPORTER. A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

         MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.

      ALLEY. A public or private right-of-way that is permanently reserved as a secondary means of access to an abutting property and is not intended for primary traffic circulation.

      AMENITIES. A feature of real property that enhances its attractiveness and increases the occupant's or user's satisfaction, although the feature is not essential to the property's use. AMENITIES include a desirable location near water or scenic views, swimming pools, tennis courts, community buildings, common open space and other recreational facilities.

      ARTIFICIAL POND. A still body of water that is smaller than a lake and larger than a pool and is not naturally occurring. This definition does not include storm water detention or retention ponds, small ornamental garden pools or swimming pools, as defined herein.

      ASSISTED LIVING. See ADULT FOSTER CARE, NURSING HOME or HOME FOR THE ELDERLY. A comparison of these three uses is provided below:

 

Table 2-1
Types Of Assisted Living Facilities
Land Use	Age Limitation	Nursing Care Provided
Adult foster care	None	No
Home for the elderly	60+ years	No
Nursing home	None	Yes

 

      ATTACHED. The sharing of a common wall between an ADU and the principal dwelling for a minimum length of ten feet, or a fully enclosed corridor between an ADU and principal dwelling that does not exceed ten feet in length.

      ATTIC. The space between the underside of the roof and the uppermost ceiling of a building. For the purposes of this chapter, an attic shall be unheated and unfinished. An attic shall not be counted as a story for height measurement or be counted in floor area measurement.

      AUDITORIUM. A large, fully enclosed space within a nonresidential building that is used for the gathering of an audience.

      BASEMENT. An underground story having at least one-half of its height below the average level of the adjoining grade. A basement shall not be counted as a story for height measurement, or be counted in floor area measurement.

      BED AND BREAKFAST INN. A subordinate use within a single-family dwelling, in which:

         (a)   The innkeeper owns and resides in the dwelling;

         (b)   No more than eight guest rooms are rented to travelers for overnight lodging; and

         (c)   One meal or more is provided to overnight guests only in return for payment. The use is distinguished from a rooming house, hotel or motel as defined herein.

      BERM. An earthen ridge, usually artificial, designed to provide visual interest, obstruct views, reduce noise and screen roads and incompatible land uses. Berms shall be fully protected from erosion with sod, seed or another form of vegetative ground cover.

      BLOCK. An area of land bounded by roads or by a combination of roads and public parks, cemeteries, railroad rights-of-way, waterways or another barrier to the continuity of development.

      BREAST HEIGHT. The vertical height on the main stem of a tree at four and one-half feet above grade.

      BUILDING. A structure, either temporary or permanent with a roof supported by columns or walls and used or built for the shelter or accommodation of persons, animals or property of any kind. This shall include tents or awnings that are situated on a lot and so used.

      BUILDING FRONTAGE. That portion of a building that is parallel to, or nearly parallel to, a public or approved private road.

      BUILDING HEIGHT. The vertical distance measured from the average elevation of the grade at the front of the building to the highest point of a flat or slanted roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of a gabled, hip or gambrel roof.

      BUILDING LINE. A line formed by the face of a building and extending to the lot lines. For purposes of this chapter, a minimum building line is the same as the front setback line.

      BUSINESS OFFICE. See OFFICE.

      BUSINESS SUPPORT SERVICE. A commercial establishment engaged in providing one or more services to other businesses. Typical uses include: business consulting, employment services, stenographic, secretarial and other clerical services, mailing, copying and printing, security, telephone message services and the sale, rental or repair of computers and other office equipment. Does not include parcel delivery service as defined herein.

      CAR WASH. A structure, premises or portion thereof, used for washing and cleaning of vehicles.

         AUTOMATIC CAR WASH. A car wash using automated equipment, such as a conveyor belt, operated by one or more attendants.

         SELF SERVICE CAR WASH. A car wash using customer-operated equipment activated by a coin, token, card or similar means.

      CERTIFICATE OF OCCUPANCY. A CERTIFICATE OF OCCUPANCY is a permit that allows a building to be occupied after its construction or improvement. It certifies that the construction conforms to the building code and is satisfactory for occupancy.

      CHILD DAY CARE. A child care center, family day care home or group day care home, as defined and regulated by the State of Michigan Child Care Organizations Act, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended.

         CHILD CARE CENTER. A facility other than a private residence, licensed by the State of Michigan to care for one or more children, for periods of less than 24 hours a day.

         FAMILY DAY CARE HOME. A private residence, licensed by the State of Michigan to care for one but fewer than seven children, for periods of less than 24 hours a day.

         GROUP DAY CARE HOME. A private residence licensed by the State of Michigan to care for more than six but not more than 12 children, less than 24 hours a day.

      COMMERCIAL. A use that is a privately owned business, having to do with commerce or trade and concerned with making a profit.

      COMMERCIAL DISTRICT. See DISTRICT.

      COMMERCIAL GARAGE. Any garage other than a private garage or community garage available to the public, and which is used for the storage, repair, rental, greasing, washing, sales, service adjusting or equipping of automobiles or other motor vehicles.

      COMMERCIAL INDOOR RECREATION. A fully enclosed building primarily used for commercial recreation including, but not limited to, bowling alleys, archery ranges, golf domes and ranges, tennis facilities, billiard halls and ice or roller skating rinks. For zoning purposes, INDOOR COMMERCIAL RECREATION does not include:

         (a)   Indoor firearms target practice ranges; or

         (b)   Pool tables, video games or other coin or token operated amusement devices that are strictly accessory uses to restaurants, taverns or nightclubs.

      COMMERCIAL KENNEL. Any structure, lot or premise where three or more dogs or cats, six months of age or older, are kept for commercial purposes, including boarding, breeding or sale or the rendering of services for profit.

      COMMERCIAL OUTDOOR DISPLAY. The use of an outdoor area for the display, sale or rental of merchandise, including building and landscaping materials, vehicles, recreational equipment, manufactured homes and farm equipment.

      COMMERCIAL OUTDOOR RECREATION. Commercial recreation facilities within an open, partially enclosed or screened area. Typical uses include driving ranges, private and miniature golf courses, swimming pools, tennis courts, racquetball courts, ball parks, batting cages, sports arenas, racing tracks and amusement and water parks.

      COMMERCIAL SOLAR ENERGY SYSTEM. Any device or assembly of devices that is ground-installed and uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

      COMMERCIAL WIND ENERGY SYSTEM. Any device such as a wind charger, windmill, or wind turbine system that converts wind energy to a form of electrical energy greater than one kilowatt to provide electricity for commercial use.

      COMMON OPEN SPACE. The entire area within the boundaries of a subdivision, residential open space development or planned development permanently set aside and designed for collective use by the property owners, residents and guests of the development.

         (a)   Common open space shall be recognizable and usable and may include residential recreation centers, open squares and greens, neighborhood gardens and parks, pedestrian and bicycle trails, play fields, playgrounds and wildlife habitat areas.

         (b)   Common open space shall not include space devoted to required sidewalks, landscaped buffer areas, yards, setbacks, roads, driveways, rights-of-way, off-street parking, parking lot islands, roadside swales, retention or detention ponds, regulated wetlands or floodplains and/or utility easements.

         (c)   The boundaries of common open space shall be treated as lot lines in determining lot area, yards and setbacks.

         (d)   Common open space shall be developed, used and maintained in perpetuity in accordance with restrictive deeds, easements, covenants, conditions or restrictions that shall be recorded with the subject lot(s).

         CONDOMINIUM. Any development undertaken under the provisions of the Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended and/or the Administrative Rules promulgated therein. The following other definitions shall also apply:

            BUILDING ENVELOPE. The principal building intended for a building site, together with any accessory structures.

            BUILDING SITE. The condominium unit, including the building envelope and contiguous limited common elements under and surrounding the building envelope, and it shall be equivalent to lot as used in this chapter.

            CONDOMINIUM PROJECT. A plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended and the Administrative Rules promulgated therein.

            CONDOMINIUM SUBDIVISION PLAN. A document that shall be an exhibit to the master deed of the condominium project. Contents shall conform with Act 59, the Condominium Act, its promulgated rules and the provisions in this chapter.

            CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational or any other type of use.

            GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.

         LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

         MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference, the bylaws for the project and the condominium subdivision plan for the project.

         SINGLE-FAMILY DETACHED CONDOMINIUM UNIT. In a condominium subdivision, an individual building site or envelope, which is defined by a volume of air space and horizontal and vertical boundaries.

         SITE CONDOMINIUM PROJECT. A condominium project with a condominium subdivision plan, planned and regulated as a subdivision. The subdivision shall be equivalent to a subdivision as used in this chapter and in the Village of Pinckney Subdivision Ordinance. The subdivision may consist entirely of single-family detached condominium units.

      CONFERENCE CENTER. A year-round facility with staff and equipment dedicated to providing an environment that will support and facilitate meetings. Dedicated meeting rooms are separate from living, kitchen, dining and leisure areas.

      CONSTRUCTION. Any work or operations necessary or incidental to the erection, alteration, demolition, installation, assembling or equipping of structures and/or essential public services. The term CONSTRUCTION shall include land clearing, grading, excavating and filling and shall also mean the finished product of any such work or operations.

      CONTRACTOR’S ESTABLISHMENT. A structure or premises used for construction activities, including offices and storage of equipment and materials.

      CONVENIENCE STORE. A retail store selling a relatively limited selection of small items such as prepackaged food products, beverages, general household items, tobacco products and newspapers and magazines. A convenience store does not include gasoline sales (see instead VEHICLE SERVICE STATION).

      CORNER LOT. See LOT.

      COURT. An outdoor open space, other than a yard, enclosed wholly or partly by buildings or circumscribed by a single building.

      CUL-DE-SAC. A road with only one outlet and sufficient space at the closed end to provide a vehicle turning area.

      DECK. A wooden floor usually adjoining a building, which does not have walls or roof. A wooden alternative to a concrete or masonry patio.

      DENSITY. The number of dwelling units per acre of land.

      DEPARTMENT STORE. A retail store with at least 5,000 square feet of floor area, wherein a wide variety of merchandise and services are displayed in separate departments.

      DETENTION POND. Temporarily stores water before discharging into a surface-water body. Primarily used to reduce flood peaks.

      DEVELOPMENT. The arranging and construction of land for human use, including the subdivision of land, the provision of facilities for transportation, utilities, communication and other essential public services and the placement and erection of structures.

      DISCONTINUANCE. The failure to pursue customary operations.

      DISTRICT. A zoning district within the Village of Pinckney as established and set forth in this chapter:

         (a)   Commercial districts are: CBD, SBD and RTO;

         (b)   Nonresidential districts are: PL, CBD, SBD and RTO; and

         (c)   Residential districts are: R1, R2, R3, R4 and ROB.

      DRIVE-THROUGH FACILITY. Any use that involves the delivery of a product or service directly to customers inside a vehicle, typically through a window or other appurtenance to a building.

      DUMP. An area, either public or private, utilized for the deposit of collected materials of very low or non-existent value. Generally regarded as the terminal deposit for unwanted matter, but not including organic garbage.

      DWELLING, MULTIPLE-FAMILY. A building designed exclusively for permanent occupancy by three or more families living independently of each other in three or more separate dwelling units.

      DWELLING, SINGLE-FAMILY. A detached building designed exclusively for permanent occupancy by one family and containing one dwelling unit.

      DWELLING, TWO-FAMILY. A building designed exclusively for permanent occupancy by two families living independently of each other in two separate dwelling units.

      DWELLING UNIT. A building, or portion thereof, designed exclusively for permanent occupancy by one family, including cooking and sanitary facilities.

      ELEMENTARY, MIDDLE OR HIGH SCHOOL. See SCHOOL.

      ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration or maintenance by a public utility of the various underground, surface or overhead transmission, collection, distribution or disposal systems that are necessary for the preservation of the public health, safety or general welfare, such as gas, electricity, communications, steam, fire protection, water and sewage systems. Essential public services shall include all poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and other similar equipment or accessories reasonably necessary for the furnishing of adequate service by a public utility, but it shall not be deemed to include public utility facilities or public buildings.

      EXPANSION. An increase in size, volume, density, intensity, quantity or scope including, but not limited to, an increase in:

         (a)   The floor area of an existing structure;

         (b)   The lot area occupied by a specific use; or

         (c)   The intensity of use.

      EXCAVATION. Any breaking of ground except for agriculture or common and routine landscaping.

      FAMILY. A group of two or more people related by birth, marriage or adoption and residing together in the same dwelling unit.

      FAMILY DAY CARE HOME. See CHILD DAY CARE.

      FARMERS MARKET. An establishment or premises where local farmers sell agricultural products from covered or open-air areas designated for individual retailers.

      FENCE. A vertical and linear structure used to mark a boundary or to define and enclose a specific area for the purpose of protection, privacy or confinement.

      FILL. The deposit of material onto the ground, to raise the surface of the land to a desired level, except for agriculture or common and routine landscaping.

      FINANCIAL INSTITUTION. A place of business primarily engaged in the provision of financial services, such as exchanging and lending money and guaranteeing loans. Typical uses include banks and trust companies, lending and financing institutions, holding companies, stock and bond brokers, security and commodity exchanges, savings and loan associations, credit agencies and credit unions.

      FLAG LOT. See LOT.

      FLOOR AREA. The sum of the horizontal area of all the floors of a structure, measured from the exterior faces of the exterior walls, or from the centerline of walls separating two structures or dwelling units. FLOOR AREA does not include:

         (a)   Attics, elevator shafts or vent shafts;

         (b)   Floor space used for mechanical equipment;

         (c)   Open and/or unenclosed porches;

         (d)   Off-street parking or loading spaces (i.e. garages or enclosed delivery bays);

         (e)   Basements or floors below the ground floor, except when used or intended to be used by customers, patrons or clients, or for retail sales or commercial offices; and

         (f)   For the purpose of computing off-street parking for those uses not enclosed within a building, the area used for the sale or display of merchandise and/or the area used to serve customers or patrons shall be included in the total floor area.

      FOSTER CARE. The provision of supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.

      FRONT LOT LINE. See LOT LINE.

      FRONT SETBACK LINE. See SETBACK.

      FUNERAL HOME. A building, or portion thereof, used for human funeral services. The building may contain space and facilities for:

         (a)   Embalming and the performance of other services used in preparation of the dead for burial;

         (b)   The performance of autopsies and other surgical procedures;

         (c)   The storage of caskets, funeral urns and other related funeral supplies; and

         (d)   The storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

      GARAGE. An accessory structure for the storage of motor vehicles.

      GRADE. The height of the ground on which something (i.e. a structure) stands.

      GROSS SITE AREA. The total horizontal area of land within the perimeter boundaries of a site.

      GROUND FLOOR. That floor of a building with an elevation nearest to grade and direct access to grade, but not including any portion of a basement. In the case of a building built into a hillside or with a split level, all occupiable floors less than one story above or below grade with direct access to grade, but not including any portion of a basement.

      GROUND FLOOR AREA. The floor area of the ground floor of a building.

      GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar system that is not attached to or mounted to any roof or exterior wall of any principal or accessory building to meet the needs of on-site users.

      GROUP DAY CARE HOME. See CHILD DAY CARE.

      HAZARDOUS MATERIAL. A substance or combination of substances that, because of quantity, concentration or physical, chemical or infectious characteristics, may either:

         (a)   Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; or

         (b)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

      HAZARDOUS WASTE. Hazardous materials that no longer have practical use, such as substances that have been discarded, spilled or contaminated or that are being stored temporarily prior to proper disposal.

      HEALTH CLUB. A structure or open space used as an athletic or health club, gymnasium or weight control establishment, and providing facilities the activities as swimming pools, saunas, tennis, racquetball or basketball courts, running tracks or exercise and fitness rooms or areas.

      HIGHER EDUCATION INSTITUTION. See SCHOOL.

      HOME FOR THE ELDERLY. A residential facility, licensed by the State of Michigan, that provides room, board, supervision, assistance and personal care to unrelated, non-transient individuals 60 years of age or older. HOMES FOR THE AGED are further defined and regulated by the State of Michigan Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended and do not include NURSING HOMES or ADULT FOSTER CARE FACILITIES, as defined herein.

      HOME OCCUPATION. A commercial occupation, business or service customarily engaged in by residents in their dwelling unit, in compliance with §§ 152.240 et seq.

      HOSPITAL. A building or group of buildings having rooms for lodging patients overnight, and used for providing in-patient medical or surgical treatment of sick or injured persons. A hospital may include related facilities, such as central service facilities, laboratories, pharmacies, outpatient departments and staff offices, provided the facilities are incidental and subordinate to the main use and are an integral part of the hospital operation.

      HOTEL. A building designed for occupancy as a temporary abiding place of transient individuals who are lodged with or without meals, in which there are more than 15 sleeping rooms usually occupied singly and in which no provision is made for cooking in any individual room or suite.

      IMPROVEMENT. Those features and actions associated with a development project that are considered necessary by the body or official granting zoning approval to protect natural resources or the public health, safety and welfare, including but not limited to: roads, lighting, utilities, sidewalks, screening, drainage and/or structures. Improvement does not include the entire development project that is the subject of zoning approval.

      INDOOR SELF-STORAGE FACILITY. A building or group of buildings in an area surrounded by a fence or wall with controlled access that contains individual, self-contained rental units for the storage of personal and household goods. Also commonly known as a mini-warehouse or mini-storage facility. Does not include retail, wholesale or industrial warehouses or activities.

      INDUSTRY. Extraction, production, processing, testing, cleaning, repair, storage or distribution of commodities.

      INTENSITY OF USE. The amount of activity associated with a specific use. Intensity of use shall be determined by the Zoning Administrator, based on but not limited to the following criteria:

         (a)   The amount of vehicular and/or pedestrian traffic generated;

         (b)   Noise, odor, light and/or air pollution generated;

         (c)   Potential for litter or debris;

         (d)   Type and storage of materials connected with the use;

         (e)   Total residential dwelling units and density;

         (f)   Total lot coverage; and

         (g)   Height of structures, including building height.

      INTERIOR LOT. See LOT.

      JUNK/SALVAGE YARD. A place where waste, discarded or salvaged materials including but not limited to scrap iron, bottles, rags, paper, rubber tires and metals are stored, bought, sold, exchanged, baled, packed, disassembled or handled. Auto wrecking yards, storage or salvaging of dismantled, partially dismantled or inoperable motor vehicles, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment are included in this definition. The following are not included in this definition:

         (a)   The sale of used vehicles in operable condition; and

         (b)   The sale of salvaged materials incidental to manufacturing operations.

      LANDSCAPE NURSERY. A structure and/or premises primarily used for the storage and retail sale of live trees, shrubs or plants and products used for gardening and landscaping. For the purpose of this chapter, plant nursery does not include uses limited to the temporary sale of vegetables, fruits or Christmas trees.

      LANDSCAPED BUFFER AREA. A defined area within a lot or site, which is covered with trees, shrubs, fences, walls or berms or a combination thereof, designed to provide visual screening and/or noise reduction along public rights-of-way and in between incompatible land uses.

      LAUNDROMAT. A commercial business that provides washing, drying and/or ironing machines or dry cleaning machines for hire to be used by customers on the premises.

      LEGAL NONCONFORMING USE. A structure or land use lawfully existing at the time of enactment of this chapter, or amendment thereto, which does not conform to the regulations of the zoning district in which it is situated.

      LIGHT MANUFACTURING. Manufacturing uses that include fabricating, processing, testing, assembling, packaging and manufacture of products from previously prepared materials, but not including uses involving primary production of food, wood, metal, petroleum or chemical products from raw materials. The operations shall not deal in large volumes of product handling, storage and distribution; nor shall the operations include on-site milling, forging or heavy grinding of parts or similar manufacturing operations.

      LIGHT SOURCE. Any device or fixture producing artificial light including those parts and surfaces of reflectors, refractors, globes, baffles, shades and hoods upon which the light falls.

      LOADING AREA. A facility used and/or designed for receiving cargo from or discharging cargo into a vehicle (including trucks over 8,000 pounds).

      LOT. An area of land described by metes and bounds on a recorded deed or shown on a recorded plat. Lots shall:

         (a)   Be of at least sufficient size, excluding any portion of a road or right-of-way to meet minimum standards for use, coverage, lot area and yards as required herein; and

         (b)   Have frontage on, or a permanent means of vehicle access to, a public or village approved private road.

         CORNER LOT. A lot with two intersecting lot lines abutting a road along their entire length. A lot abutting a curved road shall be considered a corner lot if the tangents of the curve, at the two points where the lot lines intersect the street line, form an interior angle of not more than 135 degrees.

         FLAG LOT. A lot possessing less than the required road frontage, served by a village approved private access easement.

         INTERIOR LOT. A lot with frontage on one road only.

         THROUGH LOT. A lot with frontage on two roads that do not intersect, as distinguished from a corner lot.

      LOT AREA. The total horizontal area within the lot lines of a lot, excluding area within a public right-of-way.

      LOT COVERAGE. That part or percent of the gross site area occupied by buildings, including accessory structures.

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

      LOT LINES. The boundary lines of a lot, further defined as follows:

         (a)   Front lot line.

            1.   In the case of an interior lot, that line separating the lot from the road right-of-way.

            2.   In the case of a corner lot or through lot, that line separating the lot from the right-of-way of the road that is providing primary vehicle access, as designated on the plat, site plan and/or land use permit application.

            3.   In the case of a flag lot, that lot line closest and relatively parallel to the road or private access easement providing vehicle access.

         (b)   Rear lot line. That lot line opposite and most distant from 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.

         (c)   Side lot line. Any lot line other than the front lot line or rear lot line. On a corner lot, the side lot line separating a lot from a road is a street side lot line. A side lot line separating a lot from another lot is an interior side lot line.

      LOT OF RECORD. A lot that is described in metes and bounds on a deed or shown on a subdivision plat recorded with the County Register of Deeds at the time of adoption of this chapter.

      LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the side lot lines intersect the street line upon which the lot principally fronts. For cul-de-sac lots and flag lots, the lot width may be measured at the two points where the side lot lines intersect the front setback line.

      MANUFACTURED HOME. A structure transportable in one or more sections which is built on a chassis and designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities and which includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Does not include RECREATIONAL VEHICLES.

      MANUFACTURED HOME PARK. A lot, parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any buildings, structures, enclosures, street equipment or facility used or intended for use incident to the occupancy of a manufactured home and which is not intended for use as a recreational vehicle park.

      MEDICAL OR DENTAL CLINIC. A building or portion thereof designed for and used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists, optometrists or similar practitioners, or a combination of persons in these professions, but not including facilities for major surgery or for lodging of patients overnight. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients.

      MEDICAL OR DENTAL OFFICE. See OFFICE.

      MIXED USE. The intermingling of land uses or activities within a single site, such as residential and commercial uses.

      MOTEL. A commercial business comprised of a series of attached, semi-detached or detached rental units for the overnight accommodation of transient guests, each unit containing a bedroom, bathroom and closet space and with each unit having its own entrance from the parking area.

      NET SITE AREA. The total land area within a site after the following have been deducted from the gross site area:

         (a)   Road rights-of-way;

         (b)   Other access, utility and facility easements;

         (c)   Other easements preventing development of the ground area within their boundaries except those setting aside common open space in a residential open space development; and

         (d)   Areas that are unbuildable due to environmental constraints such as steep slopes and MDEQ regulated wetlands.

      NIGHTCLUB. An establishment properly licensed to serve alcohol and where live entertainment is provided including, but not limited to dance, comedy, theater or music performances. Does not include an adult cabaret, as defined herein.

      NONCONFORMING LOT. A lot that does not conform to the dimensional requirements of the zoning district in which it is located, but which was a legally established lot of record prior to the effective date of this chapter or its amendment.

      NONCONFORMING STRUCTURE. A structure that does not meet the yard, setback, lot coverage, height or other dimensional requirements of the zoning district in which it is located, but which was legally established prior to the effective date of this chapter or its amendment.

      NONCONFORMING USE. Any use of a lot or structure that is not allowed within the zoning district in which it is located, but which was legally established prior to the effective date of this chapter or its amendment.

      NONPROFIT ORGANIZATION OFFICE. See OFFICE.

      NURSING HOME. A home, whether operated for profit or not, for the care of the aged, infirm or physically disabled, wherein two or more persons are provided shelter, food and medical treatment as prescribed by a physician. NURSING HOMES are further defined and regulated by the Public Health Code (Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended). A NURSING HOME does not include a HOME FOR THE AGED or ADULT FOSTER CARE FACILITY, as defined herein.

      OFF-STREET PARKING. A defined area that is not in a road right-of-way, designed and used for the temporary parking of licensed (registered) and operable vehicles.

      OFFICE. A room, suite of rooms or building in which are located desks, chairs, tables, couches, bookcases (accounting, filing, recording, communication and/or stenographic) equipment for current use in the office business and personnel engaged in executive, administrative, professional, political, informative, research and/or clerical duties.

         BUSINESS OFFICE. Offices of corporate, administrative, auditing, accounting and clerical occupations, real estate, insurance and travel agents and similar occupations.

         MEDICAL OR DENTAL OFFICE. An office designed for and used by one physician, surgeon, dentist, psychiatrist, physiotherapist, optometrist or similar practitioner that does not include facilities for major surgery or for lodging patients overnight. Does not include medical or dental clinics or hospitals as defined herein.

         PROFESSIONAL OFFICE. Offices of attorneys-at-law, land surveyors, architects, engineers, certified public accountants, publishers and similar professionals.

         NON-PROFIT ORGANIZATION OFFICE. Offices of tax exempt non-profit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations and political, religious and philanthropic organizations. Does not include a public building or religious institution as defined herein.

      OFFICE DISTRICT. See DISTRICT.

      ON-SITE WIND ENERGY SYSTEM. Any device such as a wind charger, windmill, or wind turbine system that converts wind energy to a form of electrical energy greater than one kilowatt to service the needs of only the structures and uses on the same lot or parcel.

      OPAQUE. Impervious to sight. This shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years.

      ORDINARY HIGH WATER MARK. The line on the shore of a surface water body established by the regularly occurring fluctuations of water, and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the surrounding area.

      OUTBUILDING. A structure, not a residence, larger than 200 square feet, taller than ten feet, but less than 21 feet in height.

      PARCEL. A continuous area of land that has not been divided or subdivided according to the provisions of the Land Division Act, Public Act 288 of 1967, as amended, M.C.L.A. §§ 560.101 et seq.

      PARCEL DELIVERY SERVICE. A private commercial establishment that provides the delivery of letters and packages, including retail sale of stamps and packaging materials, distribution, storage and transfer of packages and fleet storage and maintenance.

      PARKING. The temporary storage of registered, licensed and operative motor vehicles.

      PARKING SPACE. An off-street space exclusive of necessary driveways, aisles or maneuvering areas suitable to accommodate one motor vehicle and having direct unobstructed access to a road or alley.

      PATIO. A concrete, brick or masonry floor usually adjoining a building, which is not elevated above the ground surface and does not have walls or a roof.

      PERMITTED USE. A principal use and/or accessory use for which the zoning district in which it is located has been established. Does not include a special land use as defined, herein.

      PERSONAL SERVICE. An establishment primarily engaged in providing frequent or recurring services of a personal nature. Typical uses include barber and beauty shops, custom tailoring shops, minor repair shops (i.e., shoes, watches and small appliances) and similar personal services. Does not include laundromats, dry cleaners or personal improvement schools.

      PERSONAL IMPROVEMENT SCHOOL. A commercial establishment primarily engaged in conducting personal improvement classes of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, dance studios, hobby instruction and martial arts training. Does not include personal services, elementary, middle or high schools, vocational schools or institutes of higher education.

      PLANNING COMMISSION. The Village of Pinckney Planning Commission.

      PLANNED DEVELOPMENT. A unified development of land under single ownership or control, that includes one or more principal buildings where the requirements of a given zoning district may be modified by approval of an overall development plan. A planned development may be developed in a single operation or phased series of stages and may include common open space, structures, roads, circulation ways, utilities and other site features and improvements.

      PLAY FIELD. An area of open space used for active recreation such as baseball, football and soccer fields, tennis and basketball courts and ice rinks.

      PLAYGROUND. An area of open space used for children's recreation and designed to accommodate recreational equipment such as play structures, swings, slides and monkey bars.

      PLOT PLAN. A site plan containing the information required in § 152.389(D)(1) through (D)(15), submitted for review and approval by the Zoning Administrator as part of a land use permit, in accordance with § 152.386.

      PORCH. A structure attached to the exterior of a building often forming a covered entrance with steps and a separate roof.

         ENCLOSED PORCH. A porch that is enclosed on all four sides, usually with screens and/or windows.

         UNENCLOSED PORCH. A porch that is open on one or more sides.

      PRINCIPAL BUILDING. The building occupied by or designed for the principal use.

      PRINCIPAL USE. The predominant use to which the premises are devoted.

      PRIVATE CLUB. Buildings and facilities owned or operated by a corporation, association or person for a common social, educational or recreational purpose, but not primarily to render a service that is normally carried on as a commercial business. A private club is usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.

      PRODUCE STAND. A booth, stall or other partially enclosed structure where seasonal produce is sold to the general public.

      PROFESSIONAL OFFICE. See OFFICE.

      PROPERTY. Real estate.

      PUBLIC BUILDING. Publicly owned and operated buildings, such as government offices, post offices, police stations, fire stations, libraries, museums, indoor public recreation facilities. Does not include public utility facilities or elementary, middle and high schools.

      PUBLIC PARK. Any lot or tract of land owned and operated by a public agency and used for outdoor active or passive recreation, including open space, plazas, playgrounds and play fields. Does not include public swimming pools, golf courses or indoor recreation facilities. (The latter is included in the definition of PUBLIC BUILDING, above.)

      PUBLIC UTILITY. A private company regulated by the state public service commission, Municipal Department or Commission, with an exclusive franchise for providing an essential public service, for example, electrical, gas, steam, communication, transportation, sewer or water service.

      PUBLIC UTILITY FACILITY. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations and gas regulator stations, water supply and sewage disposal plants, water and gas tanks, railroad transfer and storage tracks and railroad rights-of-way. This use does not include freight terminals or commercial radio, television and other transmitting or relay stations.

      QUALIFIED PERSON. Must have a recognized degree, certificate, and the like, or extensive experience and ability to solve the subject problems at the worksite.

      RECREATIONAL EQUIPMENT. One or more of the following stored on a site for the purpose of commercial outdoor display: tents, campers, boats, personal watercraft, floats, surfboards and rafts, off-road vehicles, trailers and recreational vehicles.

      RECREATIONAL VEHICLE. A motor driven vehicle used for recreational travel purposes, including:

         (a)   Boats, jet-skis, snowmobiles and other motorized off-road vehicles; and

         (b)   Temporary dwellings such as motor homes, buses, fifth wheels, trailers and truck caps. For the purpose of this definition, TEMPORARY DWELLING shall mean designed to sleep and cook in on a temporary, short-term basis.

      RELIGIOUS INSTITUTION. A building, or group of buildings, controlled by a tax-exempt religious organization wherein people regularly assemble for religious worship, meetings, instruction and related activities. A religious institution does not include a chapel within a funeral home as defined herein.

      RESIDENCE. A dwelling unit that is used for human habitation other than on a transient basis.

      RESIDENTIAL DISTRICT. See DISTRICT.

      RESIDENTIAL OPEN SPACE DEVELOPMENT. One or more lots developed as a single entity with residential uses clustered on no more than 70% of the net site area with the remaining net site area permanently dedicated as common open space.

      RESIDENTIAL RECREATION CENTER. A privately owned recreational facility for use by the owners, residents and guests of a particular residential development, religious institution, private school or private club, including both indoor and outdoor facilities such as club houses, gyms, swimming pools, tennis courts, play fields and playgrounds.

      RESTAURANT. Any use that includes the sale of food and/or beverages to customers in a ready-to-consume state. The method of operation may be characteristic of a carry-out restaurant, drive-in restaurant, fast food restaurant, standard restaurant or tavern or combination thereof, as defined below:

         RESTAURANT, CARRY-OUT. A restaurant without a drive-through window, whose principal business is the sale of prepared food in disposable packaging for consumption off the premises.

         RESTAURANT, DRIVE-IN. A restaurant whose principal business is the sale of prepared food for consumption in a vehicle on the premises and outside of an enclosed building.

         RESTAURANT, FAST FOOD. A restaurant whose principal business is the sale of prepared food in disposable packaging for consumption off the premises, or on the premises within an enclosed building. Orders are taken at a drive-through window or walk-up counter and payment is made prior to consumption.

         RESTAURANT, STANDARD. A restaurant whose principal business is the delivery of prepared food to customers seated at tables or in a cafeteria line, and its subsequent consumption by customers at tables within a completely enclosed building or designated outdoor seating area. Food and beverages are usually served in or on non-disposable tableware. Carry-out orders are provided only on an incidental basis. Drive-through service is not provided and food is not served to customers within in a vehicle. This definition includes BANQUET FACILITIES.

      RETAIL FOOD STORE. A store or market that sells primarily groceries, baked goods, produce, dairy products, meats and similar food products in small quantities directly to the consumer for consumption off the premises. Does not include RESTAURANTS.

      RETAIL STORE. A store that sells small quantities of merchandise directly to the consumer, including stores selling clothing, jewelry, antiques, furniture, hardware, electronics, gifts, books, records, flowers, household goods, office and art supplies and similar items.

      RETENTION POND. A stormwater management practice that captures stormwater runoff and does not discharge directly to a surface water body. The water is "discharged" by infiltration or evaporation.

      RIGHT-OF-WAY. A permanent easement established for the passage of persons or vehicles, or for the location of utilities, delineated by legally established lines or boundaries.

      ROAD. A public or private right-of-way that accommodates vehicular traffic and provides vehicular access to abutting properties, including thoroughfares, avenues, highways, boulevards, courts, lanes and drives, but not including alleys or driveways to buildings.

         ARTERIAL ROAD. A road designed primarily to accommodate high volume, through traffic between cities, villages and other major traffic generators. On-street parking is seldom allowed and driveway connections are severely restricted. Examples include Main Street (M-36), Pearl Street (D-19) and Dexter-Pinckney Road.

         COLLECTOR ROAD. A road designed primarily to provide direct access between local roads and arterial roads. Examples include Hamburg, Unadilla, Putnam and Howell Streets and Mower and Patterson Lake Roads.

         LOCAL ROAD. A road designed primarily to provide direct access to adjacent property. Local roads rarely serve through traffic. On-street parking is often allowed and there are relatively few restrictions on driveway connections.

      ROAD FRONTAGE. The legal line of demarcation between a lot or parcel and a road right-of-way or easement.

      ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

      ROOF- OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system attached to or mounted on any roof or exterior wall of any principal or accessory building primarily to meet the needs of on-site users.

      ROOM. For the purpose of determining minimum lot area and maximum density in a multiple-family district, a living room, dining room, bedroom, den, library, studio, sunroom or other room equal to at least 80 square feet in area. A room shall not include the area in a kitchen, bathroom, utility room, corridor, hallway, closet, attic or basement.

      ROOMING HOUSE. A building containing at least three and no more than ten rooms without cooking facilities, which are rented as sleeping and living quarters, and where meals may or may not be furnished to renters. Rooms with private cooking facilities shall be considered separate dwelling units. Does not include a BED AND BREAKFAST INN, HOTEL or MOTEL as defined herein.

      SCHOOL. A public or private institution funded, chartered or recognized by the State of Michigan and providing instruction to students pursuant to state law concerning compulsory education.

         ELEMENTARY, MIDDLE OR HIGH SCHOOL. Any building or group of buildings or premises approved by the State of Michigan for public or private elementary or secondary instruction.

         HIGHER EDUCATION INSTITUTION. A public or private college, university or other institution of higher education accredited by the State of Michigan and offering undergraduate or graduate degrees.

      SETBACK. The minimum required horizontal distance between a structure and the adjoining lot lines and street line(s).

         FRONT SETBACK LINE. The minimum required horizontal distance between any structure and the front lot line.

      SHADOW FLICKER. Alternating changes in light intensity caused by the moving blades of a wind energy system casting shadows on the ground and stationary objects, such as but not limited to a window at a dwelling.

      SHED. A structure smaller than 200 square foot and less than ten feet in height.

      SHOPPING CENTER. A group of three or more retail stores on a site developed in accordance with an overall planned development, designed, built and managed as a single, integrated project with common off-street parking areas provided on the site.

      SIDE. That edge of a lot not designated as front or rear.

      SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location or otherwise convey information in written or pictorial form. SIGNS are further defined as follows:

         BANNER SIGN. Any sign for advertising purposes, composed of fabric, plastic, or other non-rigid material without enclosing framework.

         BILLBOARD. A sign regulated as a billboard by the Highway Advertising Act of 1972, as amended.

         CANOPY SIGN. A sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits of the canopy.

         CHANGEABLE MESSAGE SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the structural integrity of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time, temperature shall be considered a “time, temperature” portion of a sign and not a changeable copy sign for purposes of this chapter.

         DIGITAL/ELECTRONIC SIGN. A sign that uses changing lights or other electronic media to form a sign message wherein the sequence of messages and the rate of change is electronically programmed and can be modified by an electronic process.

         DIRECTIONAL SIGN. A sign directing and guiding vehicular or pedestrian traffic or parking but bearing no advertising matter.

         FREE STANDING SIGN. A sign not attached to any building, and self-supported by poles, pylons, braces or other structural supports mounted in the ground.

         GROUND SIGN. A sign supported by one or more upright brace or braces of reasonable size necessary to support such sign, permanently mounted in or upon the ground and in no way attached to a building structure.

         IDENTIFICATION SIGN. A sign that only conveys the name of a person or business, or the address or name of a building, or a combination thereof, in order to identify the location of uses on the premises and not to advertise.

         MARQUEE SIGN. A sign attached to or erected on a marquee, canopy or awning which projects from and is supported by a building.

         MENUBOARD. A freestanding sign for restaurant establishments to display their menu items and prices in compliance with § 152.305(C) of this chapter.

         MURAL. A design or representation painted or drawn on the wall of a building, which does not advertise an establishment, product, service, or activity.

         OFF-SITE DIRECTIONAL SIGN. A sign that guides and directs traffic to a specified destination on another site in the most direct manner possible.

         PLACARD. A sign not exceeding two square feet in area, which provides notices of a public nature, such as “No Trespassing,” “No Hunting,” “Closed,” or “Open.”

         POLITICAL SIGN. A temporary sign used in connection with an official local government, school district, county, state, or federal election or referendum.

         PORTABLE SIGN. Any sign not permanently attached to the ground or a building.

         PROJECTING SIGN. A sign which is supported by a wall, roof, or building and which projects from the building at some angle greater than 20° degrees thereto.

         READER BOARD. A portion of a sign on which text is periodically changed manually by removing and inserting prefabricated letters and numbers.

         ROOF SIGN. A sign attached to or supported by the roof of a building, which extends above the immediately adjacent roof line of the building, or a sign that is wholly or partially above the roof line of a building.

         SIGN MESSAGE AREA. A sign message area is the area, computed in square feet, within which the letters, figures, numbers, or symbols are contained. The area is determined by measuring the height of the extreme perimeters of all letters, figures, numbers, or symbols, by the width of the same. The area of all changeable copy signs shall be determined by measuring the total area within which the copy can be altered.

         SIGN STRUCTURE. That part of the sign which structurally supports the sign message area whether integrated into the message area through the use of the same materials or through the use of complementing but different materials.

         SIGN SURFACE. That part of the sign upon, against, or through which the message is displayed or illustrated.

         SPECIAL EVENT SIGN. Temporary signs containing public messages concerning special events sponsored by governmental agencies or non-profit organizations, such as fairs, festivals, art and craft shows, and charitable events.

         SUSPENDED SIGN. A sign that is suspended or hung from the underside of an eave, porch roof, or awning.

         TEMPORARY SIGN. A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, easily movable, and not permanently attached to the ground or a building.

         WALL SIGN. Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

         WINDOW SIGN. A sign installed inside a window and intended to be viewed from the outside.

      SITE. Any lot, parcel or tract of land, or combination of contiguous lots, parcels or tracts of land that are under one ownership or more than one ownership, where development is part of a single unified project and site plan.

      SITE PLAN. The documents and drawings specified herein as being necessary to ensure that a proposed land use is in compliance with this chapter.

      SOLAR ENERGY SYSTEM. A system that collects or stores solar radiation or energy for the purposes of transforming it into any other form of usable energy, including, but not limited to the collection and transfer of heat created by solar energy to any other medium by other means.

      SPECIAL LAND USE. A use that is permitted in a district only after it is reviewed and approved by the Village Planning Commission.

      STORY. That part of a building between the surface of a floor and the surface of the next floor above it, or if there is no floor above it, then the space between the surface of the floor and the roof. The term STORY does not include an attic or basement (see Figure 2-3 below).

      STORY, HALF. An uppermost story lying under a sloping roof with a minimum floor area of 200 square feet and clear height of at least seven feet six inches. For the purpose of this chapter, the floor area is only that area having at least four feet clear height between floor and ceiling.

      STREET. For the purposes of this chapter, a STREET shall be the same as a ROAD.

      STREET LINE. The dividing line between a lot and road right-of-way.

      STRUCTURAL ALTERATION. Any change in the supporting structure of a building such as bearing walls, columns, girders or beams, or any substantial changes in the roof and/or exterior walls.

      STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, excepting utility poles.

      STRUCTURE HEIGHT. For all structures other than buildings, STRUCTURE HEIGHT shall mean the vertical distance measured from the highest point of the structure to the lowest point of the average finished grade immediately below and adjacent to the structure. (See separate definition of BUILDING HEIGHT)

      SUPERMARKET. A conventional retail grocery store selling a wide variety of meat, dairy, produce and other food products and some household merchandise. May include a pharmacy as an accessory use. Does not include warehouse clubs.

      SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water of 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs and spas located on a lot as a n accessory use to a residential or recreational use.

      TAVERN. An establishment operated primarily for the dispensing of alcoholic beverages. Live entertainment and the sale of prepared food to customers may be incidental and subordinate uses. If the alcoholic beverage service area is incidental and subordinate to a larger theater or restaurant, represents less than 50% of the gross leasable area (GLA), the TAVERN shall be defined as that part of the structure so designated on an approved site plan. The remainder of the structure shall be considered the theater or restaurant under these regulations.

      THEATER. An enclosed building used principally for presenting motion pictures or live performances including, but not limited to, dance, comic, theatrical or musical performances with or without the consumption of food or beverages on the premises. Does not include an adult cabaret as defined herein.

      TRACT. Two or more contiguous lots or parcels in the same ownership.

      USE. For the purposes of this chapter, USE means:

         (a)   The purpose for which land or structures thereon are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained; or

         (b)   Any activity, occupation, business or operation carried on in a structure or on a lot.

      VARIANCE. A modification in the literal provisions of this chapter granted by the Zoning Board of Appeals when strict enforcement would cause undue hardship or practical difficulties owing to circumstances unique to the property on which the modification is granted.

      VEHICLE. A passenger automobile, motorcycle, motor home, van or truck with a gross vehicle weight of less than 8,000 pounds and defined as a motor vehicle by the Motor Vehicle Code.

      VEHICLE CIRCULATION AREA. Space provided within a lot or site for vehicle maneuvering including drives, aisles and traffic lanes but excluding parking spaces, sidewalks and public rights-of-way.

      VEHICLE DEALERSHIP. A structure or premises used primarily for the sale of new and/or used vehicles, including incidental storage, maintenance and servicing.

      VEHICLE REPAIR SERVICE. A structure or premises used primarily for the repair of vehicles, noncommercial trucks, motorcycles and recreational vehicles, including the sale, installation and servicing of equipment and parts. Typical uses include both major vehicle repair and minor vehicle repair.

         MAJOR VEHICLE REPAIR. Vehicle repair, rebuilding or reconditioning such as work on the engine block, head and internal parts, engine replacement, work on the transmission case and internal parts, transmission replacement, work on torque converters or drive trains, collision service including body frame or fender repair, painting, steam cleaning and similar activities.

         MINOR VEHICLE REPAIR. Vehicle service and repair such as engine tune-up, lubrication, alternator, battery, radiator, belt, hose, tire, muffler and exhaust system repair or replacement, rust proofing and wheel balancing and alignment. Does not include any use specified in the definition of MAJOR VEHICLE REPAIR.

      VEHICLE SERVICE STATION. Any structure or premises used for the retail sale of vehicle fuels, oils and accessories (such as tires, batteries, brakes and shock absorbers). May include the retail sale of small convenience goods such as newspapers, magazines, tobacco products and prepackaged food and beverages. May also include minor vehicle repair conducted entirely within a completely enclosed building as an incidental accessory use, but shall not include MAJOR VEHICLE REPAIR.

      VEHICLE WASH. See CAR WASH.

      VETERINARY CLINIC. A place for the medical care, diagnosis and treatment of sick or injured animals, including those in need of surgery. A veterinary clinic may include customary pens or cages, which are permitted only within the wall of the clinic structure.

      VOCATIONAL SCHOOL. An establishment, for profit or not, offering regularly scheduled instruction in technical, commercial or trade skills including, but not limited to business, office, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and similar types of instruction.

      WALL. A vertical and linear structure used to mark a boundary, or to define and enclose a specific area for the purpose of protection, privacy or confinement. A wall is generally distinguished from a fence by the solidity of construction, being usually made from solid brick or concrete. This definition does not include retaining walls constructed for the purpose of holding back and supporting a mass of earth.

      WAREHOUSE. A building wherein goods, merchandise and materials are stored for subsequent sale, distribution or use off-site.

      WHOLESALE AND WAREHOUSING, LIMITED. The small-scale storage and sale of goods to other businesses for resale, excluding indoor self-storage facilities, major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high-turnover facilities. Limited wholesale and warehousing facilities shall be under 50,000 square feet in area and operate only during normal business hours.

      WIRELESS TELECOMMUNICATIONS FACILITY. An unmanned structure consisting of antennas, antenna support structures or other equipment used to provide wireless services as set forth in § 704 of the Telecommunications Act of 1996.

      YARD. A space on the same lot with a structure, open to the sky, unoccupied and unobstructed, except for specifically permitted uses or encroachments. The measurement of a yard shall be the horizontal distance between a lot line and structure. (See Figure 2-2)

         FRONT YARD. A yard extending across the full lot width, from the front lot line to the nearest part of the principal building or structure.

         INTERIOR SIDE YARD. A side yard separating a lot from another lot.

         REAR YARD. A yard extending across the full lot width from the rear lot line to the nearest part of the principal building or structure.

         SIDE YARD. A yard extending from the front yard to the rear yard between the side lot line and the nearest part of the principal building or structure.

         STREET SIDE YARD. A side yard separating a lot from a road.

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 98, passed 3-28-2011; Am. Ord. 107, passed 12-12-2011; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021; Ord. 161, passed 8-8-2022; Ord. 167, passed 1-9-2023)

§ 152.268 TRANSIENT AND SEASONAL SALES.

   The sale of seasonal items, examples of which are Christmas trees, flowers and plants, pumpkins, and fruit and beverages, by persons other than the owner or occupant of the premises, shall be permitted on properties located in the Central Business District (CBD), Secondary Business District (SBD), or Public Lands District (PL) that have frontage on Main Street (M-36). Farmers market and other uses related to special events are permitted on public property as approved by the Village Council. Such uses will be subject to the following standards and conditions:

   (A)   Transient or seasonal sales may be located within any required setback as long as a five foot pedestrian access is maintained, but shall not be located within any public road right-of-way or sidewalk.

   (B)   Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscape area required to meet requirements of this zoning code, or create a traffic or safety hazard.

   (C)   Transient or seasonal sales shall be conducted in a manner so as not to create a public nuisance to neighboring properties. Adequate on-site parking together with proper ingress and egress to the site shall be provided.

   (D)   Transient and seasonal sales shall be allowed only upon a zoning compliance permit issued by the Village Zoning Administrator. To secure a permit, an application for a permit shall be submitted which shall include the following:

      (1)   Name, address and phone number of the merchant who will conduct the transient and/or seasonal sale;

      (2)   Written approval for such sales by the legal owner of the property affected;

      (3)   A plot plan depicting the layout of the area where sales will be conducted, as necessary to determine compliance with this section;

      (4)   Health department approval, where applicable;

      (5)   A permit fee as established by the Village Council;

      (6)   Permit may be revoked by the village if the use becomes a nuisance or fails to comply with the provisions of this section.

   (E)   Signage for transient or seasonal sales shall be limited to one portable non-illuminated free standing sign with a maximum size of nine square feet per side and a height limitation of four feet six inches.

   (F)   The permit issued under this section for transient and/or seasonal sales shall be valid for a maximum period of five days from the date of issuance or a period determined by the Village Zoning Administrator. At the end of the permit period, any and all temporary structures shall be removed.

(Ord. 118, passed 6-10-2013)

§ 152.269 ACCESSORY DWELLING UNITS (ADU).

   (A)   Intent. It is the intent of the Village of Pinckney to address the need to provide and preserve affordable and secure housing for all the population, while preserving the appearance and character of the village's residential areas by permitting, as an accessory use, the creation of a separate self-contained dwelling unit within, incidental and subordinate to, an existing single-family residence. The creation of such accessory dwelling units will promote the general welfare of the village, without increasing the number of residential buildings.

   (B)   General requirements. No ADU shall be established prior to the issuance of a land use permit for the ADU. The Zoning Administrator shall be the approving body for all ADUs. The following regulations shall apply to all accessory dwelling units whether on conforming or non-conforming lots:

      (1)   An ADU shall be established only on a lot on which a principal dwelling exists. The splitting of a lot that results in an ADU on a different lot than the principal dwelling to which it is accessory is prohibited.

      (2)   The accessory dwelling unit shall be a maximum of 40% of the gross floor area of the principal structure, not to exceed 600 square feet.

      (3)   An ADU shall be established only on a lot owned by the occupant of the principal dwelling; though upon construction of the ADU, the lot owner shall reside in the principal dwelling or the ADU.

      (4)   The accessory dwelling unit shall have a maximum of two bedrooms.

      (5)   The occupancy of the accessory dwelling unit shall be no more than four persons.

      (6)   Access to an attached accessory dwelling unit shall be limited to a common entrance foyer or exterior entrance to be located on the side or rear of the building.

      (7)   The principal residence and the accessory dwelling unit shall share the same vehicular access to the property.

      (8)   The number of off-street parking spaces for the accessory dwelling unit shall be not less than one and shall not block the required parking for the main residence.

      (9)   All zoning district bulk and setback requirements shall apply to the site (see § 152.044).

      (10)   In the case of an ADU that is not attached to the principal dwelling, the ADU shall be located in the rear yard only.

      (11)   An ADU shall not be comprised of a mobile home or any device designed for regular or periodic movement including vehicles and cargo containers.

      (12)   No lot shall have more than one ADU on such lot and the lot shall maintain one mailing address that shall service the ADU and principal dwelling.

      (13)   An ADU, and modifications to the principal dwelling to accommodate an ADU, shall be of similar or better workmanship as the principal dwelling, shall not detract from the appearance of the lot as a place of one residence and shall be aesthetically compatible in appearance with other single-family dwellings in the immediate area based on architectural design and exterior materials.

      (14)   A deed restriction that runs with the land shall be filed with the Register of Deeds prior to occupancy, and it shall incorporate the following restrictions:

         (a)   The ADU may not be sold separately from the single-family dwelling;

         (b)   The owner occupancy requirement shall be maintained; and

         (c)   The deed restriction will be in effect until the ADU is removed.

(Ord. 161, passed 8-8-2022)

§ 152.270 STORAGE CONTAINERS AS STORAGE BUILDINGS.

   (A)   It is the intent of this section to limit the placement and use of any shipping containers that are or have been used for shipping on a railroad, ship/boat, or road truck ("storage containers") as an accessory building or storage building in order to protect the public health and safety and the aesthetic quality of the Village of Pinckney.

   (B)   Storage containers may be utilized as a detached accessory structure incidental to a principal structure subject to the following standards:

      (1)   Storage containers are allowed only in the R-1 and RTO zoning districts on parcels greater than five acres.

      (2)   Only one storage container shall be permitted per parcel.

      (3)   Storage containers shall be located within the rear yard and shall be set back at least ten feet from the side and rear property lines and at least ten feet from the principal structure.

      (4)   A storage container as an accessory structure shall not exceed 200 square feet in area and eight and one-half feet in height.

      (5)   The exterior appearance of all storage containers shall be maintained and absent of all rust, holes, and other evidence of damage.

      (6)   Storage containers shall not be utilized for or contain habitable space.

      (7)   A storage container may not be used for the storage of toxic or hazardous materials.

      (8)   Requests for a temporary use of a storage container or containers will be reviewed by the Zoning Administrator to determine that adequate space exists and that placement does not impact vehicular traffic. Storage containers, at the option of the Zoning Administrator, may require temporary screening and containment.

      (9)   The allowable number of temporary storage containers may be limited by the Zoning Administrator based on demonstrated need, aesthetic impact on the property, and Fire Department access.

      (10)   A temporary storage container may be placed on a paved or gravel off-street surface in the front yard. In all cases, temporary storage containers shall be set back at least 20 feet front the front property line and ten feet from the side and rear property line.

      (11)   The use of a temporary storage container is permitted for not more than 60 continuous or separate days. A one-time extension may be permitted by the Zoning Administrator beyond the initial 60 days upon good cause shown if such request is made to the Zoning Administrator prior to the expiration of the initial period.

      (12)   A temporary storage container may be placed on a property with an active building permit and must be removed no later than 12 days after the issuance of a certificate of occupancy or the completion of construction.

(Ord. 163, passed 9-26-2022)

§ 152.271 ALTERNATIVE ENERGY SYSTEMS.

   (A)   Intent. It is the intent of the Village of Pinckney to promote the effective and efficient use of alternative energy sources such as wind and energy by regulating the placement, design, and installation of these systems to protect the public health, safety, and welfare of its residents.

   (B)   On-site wind energy systems (WES).

      (1)   On-site wind energy systems are designed to primarily serve the needs of a home, small business, or any other existing or permitted use on a parcel of land. These systems are permitted in all zoning districts, subject to the requirements of this section and all county, state and federal regulations and safety requirements as well as applicable industry standards.

      (2)   General requirements.

         (a)   Minimum lot area size. The minimum lot size for a property to be eligible to have an on-site wind energy system shall be two acres.

         (b)   Setbacks. All wind energy systems must be setback from property lines at a distance equal to or greater than one and one-half times the height of the structure, measured from the base of the structure to the highest reach of its blade.

         (c)   One wind energy device shall be permitted per lot and located in the rear or side yard.

         (d)   Local, state and federal construction and electrical requirements. On-site wind energy systems shall comply with all applicable state construction and electrical codes and local building permit requirements. The support system, footings and tower shall be constructed in accordance with all applicable building codes governing structural integrity and wind loads.

         (e)   It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the structure, or to obtain a determination of no significant impact to air navigation from the FAA.

         (f)   In the case of a wind energy system to be interconnected with the power grid of the local electric utility, the applicant shall provide proof of written notice to the utility of the proposed interconnection and the utility's response thereto. The applicant shall comply with all requirements of the servicing utility if the wind energy system is interfaced with the utility grid. The utility will install appropriate electric metering and the customer will be required to install a disconnecting device adjacent to the electric meter(s).

         (g)   The applicant must provide a copy of the manufacturer's material safety data sheet(s) which shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

         (h)   Braking system. The wind energy system shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding.

         (i)   Lightning protection. The wind energy system shall have lightning protection.

         (j)   Labeling. The following information shall be provided in a visible, easily read, and easily accessible location:

            1.   Maximum power input (kilowatt-kW), rated voltage (volt-V), and rated current output (ampere) of the generator, alternator, and the like. A visible warning sigh of high voltage as required by the State Construction Code shall be placed at the base of the structure;

            2.   Manufacturer's name and address, model number and serial number;

            3.   Emergency and normal shutdown procedures; and

            4.   Emergency contact name and telephone number.

         (k)   Accessibility. Towers shall be designed and constructed in such a manner that integrated tower climbing devices are a minimum of 12 feet above the base of the tower and only accessible by using a separate climbing device.

         (l)   Visibility of guy wires. If an on-site wind energy system is supported by guy wires, the wires shall be clearly visible to a height of at least eight feet above the guy wire anchors.

         (m)   Color. Towers and blades shall be a non-reflective, non-obtrusive neutral color such as white, off-white, or gray.

         (n)   Minimum ground clearance. For both horizontal and vertical axis turbines, a wind energy system rotor shall be located on the tower or support such that the minimum blade clearance above ground level is 15 feet.

         (o)   Noise. The maximum level of audible noise permitted to be generated by a wind energy system shall be 50 decibels, as measured on the dBA scale, measured at the property lines nearest the system. An application for a wind energy system shall not be approved unless the applicant demonstrates that the proposed project complies with all noise regulations.

         (p)   Placement. Wind energy systems shall be located in such as manner so as to not generate shadow flicker on any habitable buildings.

         (q)   Removal. When a system has not been used for 180 days or more, the removal of equipment or the cessation of operations (transmission of electrical power) shall be required. The property owner shall immediately apply for any required demolition or removal permits, proceed with, and complete the demolition/removal. If the removal has not been lawfully completed within 60 days, and after at least 30 days written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be draw, collected and/or enforced from or under the security posted at the time of application.

         (r)   Permit required. A land use permit is required per § 152.023.

   (C)   Commercial wind energy system (WES). Commercial wind energy systems on any parcels located in any zoning district in the Village of Pinckney are prohibited. This limitation is to protect the public health and safety and the aesthetic quality of the Village of Pinckney.

   (D)   Solar energy systems. Building- or ground-mounted private solar energy systems that generate up to but do not exceed the manufacturer's rating of 100 kW to primarily meet the needs of a home, small business, or any other existing or permitted use on a parcel of land are permitted as a permitted accessory use in all zoning districts, subject to the requirements of this section and all county, state and federal regulations and safety requirements as well as applicable industry standards.

      (1)   General requirements.

         (a)   The exterior surfaces of solar energy systems shall be generally neutral in color and substantially non-reflective of light.

         (b)   A unit shall be installed or located such that reflected solar radiation or glare shall not be directed onto adjacent building, properties or roadways.

         (c)   Solar energy systems must be installed in compliance with the National Electric Safety Code, the manufacturer's specifications, and all other applicable codes. A copy of the manufacturer's installation and maintenance instructions must be submitted for review.

         (d)   If the applicant's intent is to install a customer-owner system that will be interconnected to the power grid, written evidence that the area's electrical utility provider has been notified shall be submitted. Off-grid systems are exempt from this requirement.

         (e)   A solar energy system shall be permanently and safely attached to the building, structure, or ground. Proof of the safety and reliability of the means of such attachment shall be submitted to the Zoning Administrator/Livingston County Building Department prior to installation.

         (f)   There shall be no signs on the unit, other than a sign or logo identifying the manufacturer with an area no greater than three square feet, and any necessary safety information signs.

      (2)   Building-mounted solar systems.

         (a)   Such system may only be attached to a principal building or an accessory building serving the principal use such as a barn, garage, or shed.

         (b)   No part of the solar energy system erected on a roof shall extend beyond the peak of the roof and not closer than three feet from the edges of the roof or peak in order to maintain accessibility.

         (c)   If the solar energy system is mounted on a building in an area other than the roof, no part of the system shall extend beyond the wall on which it is mounted.

         (d)   No part of a solar energy system mounted on a roof shall extend more than two feet above the surface of the roof. When such units are mounted to a flat roof, they shall not project higher than three feet above the building height and shall be screened with a wall at least one foot taller than the unit. In no instance shall a roof-mounted unit exceed the maximum allowable height for the zoning district in which it is located.

         (e)   A solar energy system shall be only of such weight as can safely be supported by the structure. Proof thereof, in the form of certification by a qualified person, shall be submitted to the Zoning Administrator/Livingston County Building Department prior to installation.

         (f)   A wall-mounted solar energy system shall not extend further than ten feet from the building wall, may not extend into a required yard and may not exceed the height of the building wall to which it is attached. Such units may only be attached to one side or rear building façade.

         (g)   In the event that a roof or building mounted solar energy system has been abandoned (not in operation) for a period of one year, it shall be removed by the property owner within six months from the date of abandonment.

      (3)   Ground-mounted solar energy systems.

         (a)   Ground-mounted solar energy systems shall be located only in the rear yard and shall meet the side and rear yard setback requirements applicable in the zoning district in which the solar energy system will be located.

         (b)   A ground-mounted solar energy system shall not exceed 15 feet in height, measured from the ground at the base of the unit to the highest reach of the solar panels.

         (c)   Ground-mounted solar energy systems may not occupy more than 5% of the parcel upon which it is located up to 1,500 square feet.

         (d)   All power transmission lines shall be underground.

         (e)   There shall be a greenbelt screening around any ground-mounted solar energy system and equipment associated with the system to obscure the solar energy system from adjacent residences. The greenbelt shall consist of shrubbery, trees or other noninvasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence (meeting the requirements of this section applicable to fences) may be used.

         (f)   In the event that a ground-mounted solar energy system has been abandoned (not in operation) for a period of one year, it shall be removed by the property owner within six months from the date of abandonment.

   (E)   Commercial solar energy system. Commercial solar energy systems on any parcels located in any zoning district in the Village of Pinckney is prohibited. This limitation is to protect the public health and safety and the aesthetic quality of the Village of Pinckney,

(Ord. 167, passed 1-9-2023)

OFF-STREET PARKING AND LOADING