(A) For the purpose of this chapter, certain terms are herewith defined. When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number, and the plural, the singular. The word “shall” is always mandatory and not merely suggestive. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The words “used” or “occupied” include the words “intended”, “designed”, or “arranged” to be used or occupied.
ACCESSORY BUILDING/STRUCTURE OR USE. A detached building/structure or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal/structure of use. ACCESSORY BUILDING/STRUCTURE shall not be intended for human occupancy.
ALLEY. A public or private way not more than 33 feet wide which affords only a secondary means of access to abutting property.
ALTER. Any structural change in the supporting or load-bearing member of a building, such as bearing walls, columns, beams, girders, or foot jacks.
APARTMENT. A dwelling unit in an apartment house arranged, designed, or occupied as a residence by a single family, individual, or group of individuals.
AUTOMOBILE SERVICE STATION. Structure and premises used or designed to be used for the retail sale of fuels, lubricants, or grease, and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities; and including space for temporary minor repair or servicing, such as polishing, washing, cleaning, greasing, but not including bumping, painting, or refinishing thereof.
AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
BASEMENT. A story of a building having more than one-half its height below grade.
BOARDING HOUSE or ROOMING HOUSE. A dwelling where meals and/or lodging are provided for compensation to persons by pre-arrangement for a definite period of time.
BUILDING. A covered structure erected on-site, a mobile home or mobile structure, or a pre-manufacture or pre-cut structure, above or below ground, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind.
BUILDING SETBACK LINE. A line parallel to, or concentric with, property lines delineating the minimum allowable distance between the street right-of-way and the front of the building.
BUILDING/SUBSTRUCTURE HEIGHT. The vertical distance measure from grade to the highest point of the roof or flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridges for gable, hip, or gambrel roofs.
CAMP. A place where tents, huts, cabins, barracks, or other more or less temporary structures or group of these are put up for the purpose of temporary lodging.
CAMPGROUNDS or CAMPING GROUNDS. A place where a camp is set up or is allowed to be set up for a fee.
CENTRAL SANITARY SEWAGE SYSTEM. Any person, firm, corporation, municipal department, or board duly authorized to furnish or furnishing under federal, state, or municipal regulations to the public a central sewer system from a central location or plant.
CENTRAL WATER SYSTEM. Any person, firm, corporation, municipal department, or board duly authorized to furnish or furnishing under federal, state, or municipal regulations to the public a central water system from a central location or plant.
COMMON USE RIPARIAN LOT or KEYHOLE LOT. Any private site, platted lot, or other parcel held in common by a subdivision, association, similar agency, or group of individuals, or held in common by virtue of the terms of a plot of land of record which provides common use riparian access to non-riparian lot or land owners.
DAYCARE CENTER. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act 116 of 1973, as amended, being M.C.L.A. §§ 722.111 through 722.128, and the associated rules of the state’s Department of Social Services.
DISTRICT. A portion of the township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DRIVE-IN ESTABLISHMENT. A business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles as well as within the building.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition of DWELLING, SINGLE-FAMILY below.
DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied by, one family only, complying with the following standards.
(a) It has a minimum living area of 750 square feet for one or two bedroom dwelling, plus 150 square feet of additional living area for each additional bedroom beyond two.
(b) It has a minimum width along all exterior side elevations of 20 feet.
(c) It is firmly attached to a solid foundation constructed on the site in accordance with the township’s Building Code and is co-extensive with the perimeter of the building, which attachment shall also meet all building codes, other state regulations, and, in the case of manufactured housing, the specifications of the manufacturer concerning foundational support.
(d) It does not have exposed wheels, towing mechanisms, undercarriage, or chassis.
(e) The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with no less than two exterior doors with one being in the front of the dwelling and the other being in either the rear or side of the dwelling, and with a roof pitch of 3:12.
(f) The compatibility of design and appearance shall be determined in the first instance by the Township Building Inspector upon review of the plans submitted for a particular dwelling subject to appeal by the aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of said Building Inspector’s decision. Any determination of compatibility shall be based upon the standards set forth in the definition of “dwelling”, as well as the character of residential development outside of mobile home parks and mobile home residential districts within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of said area, or where said area is not to be developed, by the character of residential development outside of mobile home parks and mobile home residential districts throughout the township. The foregoing shall not be construed to prohibit innovation design concepts involving such matters as solar energy, view, unique land contour, or relief from the common standard designed home.
(g) The dwelling is connected to a public sewer or water supply or to such private facilities approved by the local Health Department.
(h) The dwelling must comply with the National Electric Code and the township’s Building, Plumbing, and Fire Codes including, in the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended.
(i) The dwelling contains no additions or rooms or other areas which are constructed with compatible materials and which are compatible in appearance and which have similar quality of workmanship as the original structure, including the above described foundation and permanent attachment to the principal structure.
(j) The foregoing standards shall not apply to a mobile home located in a licensed mobile home park, except to the extent required by state and federal law or otherwise specifically required in the ordinance of the township pertaining to such parks.
DWELLING, TWO-FAMILY. A building containing not more than two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition of DWELLING, SINGLE-FAMILY above.
DWELLING UNIT. One or more rooms with independent cooking facilities designed as a unit for residence by only one family.
EASEMENT. Any private or dedicated public way other than a street or alley providing a secondary means of access to a property having a width of no less than 20 feet.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments, commissions, or boards of underground, surface, or overhead gas, electric, steam, or water transmission or distribution systems, collection of communication, supply or disposal systems, including poles, wires, drains, sewers, pipes, towers, conduit, cables, fire alarm boxes, police call boxes, similar equipment and accessories in connection therewith, for the general public health, safety, convenience, or welfare, but not including buildings or maintenance depots.
FAMILY. One or more persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, or adoption, and including the domestic employees thereof. A FAMILY is distinguished from a group occupying a rooming house, boarding house, lodging house, club, fraternity house, hotel, motel, or tourist home.
FUNNELING. The use of a riparian lot to provide access to non-riparian property owners.
HOME OCCUPATION. An occupation that is traditionally and customarily carried on in the home, being primarily incidental to the principal residential use.
HOTEL. A building containing guest rooms in which lodging is provided, with or without meals, for compensation and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guest room.
ILLUSTRATIONS.
(1) FINISHED GRADE. The finished ground level of an area adjoining the building after construction is completed. For purposes of measurement, the portion of the building that faces the roadway or having predominant road frontage shall be used.
(A) Deficient front yard. | (D) Minimum front yard required. Also building setback line. |
(B) Front yard in excess of minimum front yard required. | (E) Minimum rear yard required. |
(C) Minimum side yard required. | (F) Minimum yard required on.
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JUNK YARD. A structure or parcel of land where junk, waste, discard, salvage, or similar materials such as old iron or other metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cording, barrels, containers, and the like are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, house wrecking, and structural steel materials and equipment, including establishments for sale, purchase, or storage of salvage machinery and the processing of used, discarded, or salvaged materials for any 30 consecutive days.
KENNEL. Any lot or premises on which three or more dogs, four months old or older, are confined either permanently or temporarily.
LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such LOT may consist of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, or a parcel of land described by metes and bounds.
LOT AREA. The area within the lot lines, but excluding that portion in a road or street right-of-way.
LOT, CORNER. A parcel of land at the junction of, and fronting or abutting on, two or more intersecting streets.
LOT DEPTH. The average distance between the front and real line of a lot measured in the general direction of its side lot lines.
LOT COVERAGE. The part or percent of the lot occupied by buildings/structures, including accessory building/structures.
LOT OF RECORD. A lot which is part of a subdivision and is shown on a map thereof which has been recorded in the office of the Register of Deeds of the county, or a lot described by metes and bounds, the deed to which has been recorded in said office.
LOT, THROUGH (DOUBLE FRONTAGE). An interior lot having frontage on two parallel or approximately parallel streets.
MEDICAL MARIJUANA. The following terms are associated with medical marijuana as regulated by the Township of Somerset:
(a) MARIJUANA. According to the Public Health Code (M.C.L.A. §§ 333.1101 et seq.), “means all parts of the plant Cannabis sativa L, growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination”.
(b) MEDICAL MARIJUANA. According to the MMMA (see below), “means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered patient’s debilitating medical condition or symptoms associated with the debilitating medical condition”.
(c) MEDICAL MARIJUANA CAREGIVER GROW OPERATION. An establishment used by one registered primary caregiver for the purposes of the growing and dispensing of medical marijuana outside the privacy of a personal dwelling for up to five qualifying patients (as well as the caregiver if he or she is also a qualifying patient), but where there is no consumption of marijuana on the premises.
(d) MEDICAL MARIJUANA HOME USE. A dwelling where a qualifying patient grows or uses medical marijuana for personal consumption in the privacy of their own dwelling, and/or where a registered primary caregiver, serving not more than one qualifying patient who resides with the primary caregiver, grows or distributes medical marijuana for the qualifying patient in the privacy of the primary caregiver’s own dwelling, and is allowed as a use by right wherever dwellings are permitted.
(e) MICHIGAN MEDICAL MARIJUANA ACT (MMMA). The MMMA (M.C.L.A. §§ 333.26421 et seq.) is an initiation of legislation to allow under state law the medical use of marijuana; provide protections for the medical use of marijuana; and provide for a system of registry identification cards for qualifying patients and primary caregivers. The MMMA is supplemented by administrative rules promulgated by the Michigan Department of Community Health (R 333.101 et seq). The MMMA defines the following specific categories of people:
1. PRIMARY CAREGIVER. An individual, as defined by the MMMA, and is authorized by and registered through the Michigan Department of Community Health (MCDH) to grow and distribute medical marijuana to qualified patients. The PRIMARY CAREGIVER must have a valid registry card.
2. QUALIFYING PATIENT. An individual, as defined by the MMMA, that has been diagnosed by a licensed physician, as defined by the MMMA, as having a medical condition alleviated by the use of medical marijuana, and who is registered through the Michigan Department of Community Health (MCDH) to grow and/or consume medical marijuana. The QUALIFYING PATIENT must have a valid registry card.
MINI-STORAGE OR SELF STORAGE. A building or group of buildings in a controlled access or fenced area that contains varying sizes of individual compartmentalized units, which are accessed by separate exterior doorways for each unit, designed for the storage of property for individuals, organizations and businesses. These are also known as “self-storage facilities” or “mini- warehouse facilities”.
MOBILE HOME. A detached portable residential dwelling unit with a floor area of at least 400 square feet, prefabricated on its own chassis and intended for long-term occupancy. The unit shall contain sleeping accommodations, a flush toilet, tub or shower, and eating and living quarters. It is designed to be transported on its own wheels or on a flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundations and shall be connected to existing utilities. A travel trailer is not to be considered a MOBILE HOME.
MOBILE HOME PARK. A tract of land prepared and approved according to the procedures in this chapter to accommodate mobile homes on rented or leased lots.
MOBILE HOME SUBDIVISION. A legally platted residential subdivision accommodating mobile homes.
MOTEL. Any establishment in which individual cabins, courts, or similar substructures or units are let or rented to transients for periods of less than 30 days. MOTEL shall include tourist cabins and motor courts. A motor court or MOTEL shall not be considered or construed to be either a multiple dwelling, a hotel, or a mobile home park.
OFF-STREET PARKING. A facility providing vehicular parking spaces with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of automobiles.
PARKING SPACE, AREA, LOT. An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors, or employees.
PRINCIPAL BUILDING/STRUCTURE. A building/structure in which the primary use of the lot on which the building/structure is located is conducted.
QUARRY. Any pit, excavation, or mining operation for the purpose of searching for or removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble, or other non-metallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.
RIDING ACADEMY. Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch, or similar establishment.
ROADSIDE STAND. A structure temporarily operated for the purpose of selling produce primarily raised or produced on the premises where situated, and its use shall not make a commercial district, nor shall its use be deemed a commercial activity.
SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; except, however, the following which shall not be included within this definition: signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises not having commercial connotations; flags and insignias of any government, except when displayed in connection with commercial promotion; legal notices: identification, information, or directional signs erected or required by governmental bodies; integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and signs directing and guiding traffic and parking to private property, but bearing no advertising matter.
SIGN AREA. The area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms, comprising all of display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of such area.
SIGN, ON-SITE. A sign advertising a product for sale or a service to be rendered on the immediate premises where the sign is located.
SITE PLAN REVIEW. A review by the Zoning Board of Appeals and the Township Board of certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, and on adjacent land usage.
STORY. The portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property having a right-of-way not less than 66 feet in width.
STRUCTURE. Anything constructed, erected, or placed with a fixed location on the surface of the ground.
TRAVEL TRAILER. A vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger automobile.
YARD, FRONT. An open, unoccupied space extending the full width of the lot between the street right-of-way line and the nearest part of the principal building/structure.
YARD, REAR. An open, unoccupied space extending the full width of the lot between the rear line of the lot and the real line of the principal building/structure.
YARD, SIDE. An open, unoccupied space on the same lot with the principal building/structure between the side line of the principal building/structure and the adjacent side line of the lot and extending from the real line of the front yard to front line of the rear yard, and if no front yard is required, the front boundary of the side yard shall be the front line of the lot.
(B) Any term not defined herein shall have the meaning of common or standard use.
(Ord. 5, passed 1-18-1973; Ord. 13, passed 6-17-1982; Ord. 20, passed 2-20-1992; Ord. 25-A, passed 6-16-1994; Ord. 2016-1, passed 4-21-2016; Ord. 2016-2, passed 6-16-2016)