(A) Usage. For the purposes of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.
(1) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word HEREIN means in this chapter; the word REGULATION means the regulations of this chapter; and the words THIS CHAPTER shall mean THE ORDINANCE TEXT, TABLES AND MAPS INCLUDED HEREIN, AS ENACTED OR SUBSEQUENTLY AMENDED.
(2) A PERSON includes a corporation, firm, entity, limited liability company, trust, partnership, as well as an individual, or an unincorporated association of persons such as a club or any other entity; SHALL is always mandatory; a LOT includes a plot or parcel, a BUILDING includes a structure; a BUILDING or STRUCTURE includes any part thereof; 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.
(3) The TOWNSHIP is Sparta Township in Kent County, Michigan; THE TOWNSHIP BOARD, “Board of Appeals” (or ZONING BOARD OF APPEALS or ZBA), and PLANNING COMMISSION are, respectively, the Township Board, the Board of Appeals and the Planning Commission of Sparta Township.
(B) Words and terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building or structure located on the same lot with the principal or main building and which is subordinate to the principal or main building. An ACCESSORY BUILDING is detached from the main building. Where a structure is integrally attached to a main building in a manner by a wall or roof, it shall be considered a part of the main building.
ACCESSORY USE. A use customarily and normally incidental and subordinate to the principal use or structure and located in the same lot with such principal use or structure.
ADULT CABARET. A cabaret that features go-go dances, erotic dancers, strippers, male or female impersonators, or similar entertainers who exhibit specified anatomical areas or who exhibit specified sexual activities for observation of patrons therein.
ADULT MERCHANDISE STORE. An establishment having, as a substantial or significant portion of its stock-in-trade, merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or an establishment with a segment or section devoted to the sale, rental or display of such merchandise.
ADULT MOTION PICTURE THEATERS. Any establishment, or part thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
AGRICULTURE. Raising and storing of crops, animals and animal products, forestry, the preparation and marketing of certain agricultural products, and other commonly accepted agricultural operations for commercial purposes.
AIRPORT. The Sparta Airport and all appurtenances used or acquired for airport buildings or other airport facilities and all other appurtenant rights-of-way or other interests either heretofore or hereafter established.
AIRPORT HAZARD. Any structure or tree within the airport overlay zone that exceeds the height limitations established by this chapter, or any use of land or of appurtenances thereto within the Airport Overlay Zone that interferes with the safe use of the airport by aircraft.
AIRPORT (OVERLAY ZONE). The area within one mile of the Sparta Airport measured from the airport property line, wherein certain types of land uses are regulated due to land use conflicts such as noise, vibrations, fumes, dust, fuel particles and other effects that can be caused by the operation of aircraft landing or taking off or operating at the airport.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy; and any change in the roof or supporting members of the building or structure, such as bearing walls, partitions, columns, beams, posts, girders or any change that may be referred to herein as “altered” or “reconstructed”. Structural changes are also ALTERATIONS.
ANIMAL. In accordance with Ch. 90 of this code of ordinances, ANIMAL shall mean any dog, cat, bird, reptile, mammal, fish or similar animal.
AREA OF SHALLOW FLOODING. A designated AO Zone on a community’s Flood Insurance Rate Map (“FIRM”) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
AUTOMOBILE REPAIR - MAJOR. Any activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines or trailers; collision services, such as body, frame or fender straightening and repair, overall painting and vehicle rust-proofing.
AUTOMOBILE REPAIR - MINOR. Any activity involving minor repairs to motor vehicles and the incidental replacement of parts of such vehicles. A place where either gasoline or any other fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and applied directly into motor vehicles, including sale of accessories, greasing, oiling and minor automotive repair on the premises.
AUTOMOBILE WASH ESTABLISHMENT. A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT or CELLAR. A portion of a building having more than one-half of its height or mass below grade.
BED AND BREAKFAST ESTABLISHMENT. A private residence that offers overnight accommodations to lodgers in the innkeeper’s (owner or operator) principal residence and serves breakfast at no extra cost to its lodgers. For the purpose of this definition, a LODGER means a person who rents a room in a bed and breakfast establishment.
BLUFF. The top of a steep bank rising sharply from the river’s edge (Public Act 346 of 1972, being M.C.L.A. §§ 324.30101 et seq., as amended.)
BOARDING, LODGING OR ROOMING HOUSE. A dwelling primarily used for the purpose of providing long-term lodging or both meals and lodging for compensation. Such house is to be distinguished from a hotel, motel or an institutional use such as a convalescent or nursing home.
BOTTOM LAND. The land area of an inland lake or stream that lies below the ordinary high water mark and that may or may not be covered by water (Public Act 346 of 1972, as amended.)
BUILDING. A structure, either temporary or permanent, having a roof.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge, hip and gambrel roofs.
BUILDING LINE. A line parallel to the front lot line, and that marks the location of the building.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
CABARET. A café, restaurant, bar or any establishment where patrons are entertained by performers who dance, sing or play musical instruments.
CEMETERY. Any public cemetery owned, managed or controlled by the township and any other cemetery located within the township.
CHILD CARE/DAY CARE CENTER. A facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. CHILD CARE CENTER or DAY CARE CENTER includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a CHILD CARE CENTER, DAY CARE CENTER, DAY NURSERY, NURSERY SCHOOL, PARENT COOPERATIVE PRESCHOOL, PLAY GROUP or DROP-IN CENTER. CHILD CARE CENTER or DAY CARE CENTER does not include any of the following:
(a) A Sunday school, a vacation bible school or a religious instructional class that is conducted by a religious organization where children are in attendance for not more than three hours per day for an indefinite period or not more than eight hours per day for a period not to exceed four weeks during a 12-month period; and
(b) A facility operated by a religious organization where children are cared for not more than three hours while persons responsible for the children are attending religious services.
CONSTRUCTION. The building, erection, alteration, repair, renovation (or demolition or removal), or installation of any building, structure or structural foundation; or the physical excavation, filling and grading of any lot other than normal maintenance shall constitute CONSTRUCTION. This does not include agricultural operations other than the erection of buildings.
CONVALESCENT OR NURSING HOME. A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein seven or more persons are cared for. Said home shall conform and qualify for license under state law.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISH ANTENNA. A parabolic or similar designed structure intended to receive or transmit radio, television, microwave or satellite communications or the like.
DISTILLERY. An establishment for the manufacturing and selling of spirits or alcohol, or both, of any kind.
DWELLING or APARTMENT. A building or a portion thereof designated or used exclusively as a residence or sleeping place for one or more persons, including one-family, two-family and multiple dwellings, apartment hotels with cooking facilities, boarding and lodging houses and mobile homes used for such purposes, but not including motels, motor hotel, tourist rooms, travel trailers, motor homes, trailers or truck campers. Every DWELLING shall have a minimum width of at least 22 feet for its entire length and a minimum of a double pitched roof of not less than two and one-half feet of rise for each 12 feet of run, shall have a roof overhang of not less than six inches on all sides and shall have either a basement or a crawl space below the entire bottom of the building of four feet with a vapor barrier consisting of Visqueen or a minimum of two inches of concrete on the floor of the crawl space provided with adequate drains to drain away accumulated water in the crawl space.
DWELLING, AGRICULTURAL (FARM). A dwelling or accessory dwellings used to house persons primarily engaged in agriculture on the parcel or adjacent parcels, and which dwelling or accessory dwellings are incidental and subordinate to the principal agricultural use of the parcel or adjacent parcels.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, used or designed for occupancy by more than two families living independently of each other. This definition does not include single-family attached dwellings or two-family dwellings.
DWELLING, NON-AGRICULTURAL. A dwelling used to house persons not primarily engaged in agriculture on the parcel or adjacent parcels, and which dwelling is not incidental, nor subordinate, to a principal agricultural use on or nearby the dwelling site.
DWELLING, SINGLE-FAMILY (DETACHED). A unit exclusively for use by one family that is entirely surrounded by open space or yards on the same lot. In no case shall a mobile home be considered a SINGLE-FAMILY DETACHED DWELLING in terms of this chapter, nor as a low density use.
DWELLING, TWO-FAMILY. A detached building used or designed for use exclusively by two families living in separate dwelling units and each doing their own cooking in said building. It may also be termed DUPLEX.
DWELLING, UNDERGROUND. See UNDERGROUND HOME.
EFFICIENCY UNIT (STUDIO). A dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets and the like.
ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration or maintenance of public utilities by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission, or distribution systems, collection, communication, supply or disposal systems (including towers, structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, telephone exchanges and or repeater buildings, electric substations, gas regulators, stations and other similar equipment and accessories in connection therewith (but not including communication towers regulated under §§ 154.266 and 154.285 through 154.290 of this chapter) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare. This does not include sanitary landfills and sewage treatment facilities.
FAMILY. Either of the following:
(a) A domestic family, which is one or more persons living together and related by the bonds of blood, marriage or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of the individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling; or
(b) The functional equivalent of the domestic family, which is persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must operate as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.
FARM LABOR HOUSING. Sometimes also commonly referred to as an AGRICULTURAL LABOR CAMP or HOUSING FOR MIGRANT WORKERS OR MIGRATORY LABORERS. Living quarters, including housing accommodations, rooming houses, dormitories, and mobile homes maintained directly or indirectly in connection with any work of or place where work is being performed by seasonal or permanent farm or agricultural workers, whether or not rent is paid or reserved for use or occupancy. Farm labor housing is also subject to state and federal requirements.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD AREA. Land that on the basis of available floodplain information is subject to a 1% or greater chance of flooding in any given year.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, flood boundaries, flood insurance rate zones and the water surface elevation of the base flood.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source. (See definition of FLOOD.)
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls from the centerline of walls separating two buildings. FLOOR AREA shall not include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment open or enclosed, located on the roof), attic space having headroom of seven feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms, breezeways, porches or attached garages are not included; except, however, that, the FLOOR AREA of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level, or finished lot grade, whichever is higher.
GARAGE, AUTOMOTIVE COMMERCIAL. Any premises available to the public, and used solely for the storage of automobile or motor-driven vehicles, for remuneration, hire or sale, and where any such vehicles or engine may also be serviced for operation, or repaired, rebuilt or reconstructed. This does not include private garages that are accessory to a principal use without fee.
GARAGE, PRIVATE. A detached accessory building or portion of a main building used primarily for the storage or parking of passenger vehicles or household items that are owned and used by the residents thereof.
GRADE. The established grade of the street or sidewalk shall be the elevation of the curb at the mid-point of the front of the lot. The elevation is established by the Township Engineer or Building Inspector.
GREENBELT or BUFFER STRIP. The strip of land not less than ten feet in width that is planted and maintained with trees acceptable to the Zoning Administrator from five to six feet in height spaced not more than ten feet apart; or a hedge row of suitable shrubs not less than four feet in height; not more than three feet apart.
HARMFUL INCREASE. An unnaturally high stage on a river, stream or lake that causes or may cause damage to property, threat to life, personal injury or damage to land or water resources.
HAZARDOUS MATERIALS. Any materials that have been declared to be hazardous to any agency of the state or of the United States, including, but not limited to, toxic materials and metal hydroxides.
HOME OCCUPATION. A profession or other occupation not otherwise permitted in the zoning district involved, that is conducted as an accessory use within a single-family dwelling by one or more members of the family residing in the dwelling, and that conforms to the provisions of § 154.208 of this chapter.
INSTITUTIONAL USES. Churches, schools, hospitals and other similar public or semi-public uses. This excludes nursing homes, convalescent homes and adult foster care facilities.
JUNKYARD. Any lot used for the collecting, storage, processing, parting, dismantling, salvaging and/or abandonment of wastepaper, rags, scrap metal, machinery, vehicles or other personal property or parts thereof whether or not such use is conducted inside, outside or partially inside and outside of a building or structure.
KENNEL. Any lot or premises on which four or more dogs, six months old or older, are kept for the purpose of breeding, permanent or temporary boarding, sale or any other reason.
LABORATORY. A place devoted to experimental, routine study or basic study such as testing and analytical operations, and which manufacturing of product or products, except prototypes for test marketing, is not performed.
LAND USE PLAN. (Also called the MASTER PLAN.) The land use plan for the township duly adopted by the Township Planning Commission on 4-16-1980, as amended.
LIQUID MATERIALS. Any materials, substance or compound in a liquid, semi-liquid or solid state.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking. A LOADING SPACE is 500 square feet in area.
LOT. A platted lot, plot or parcel of land including such open spaces as are arranged and designed to be used in connection with such buildings. A LOT may or may not be the land shown on a duly recorded plat. If more than one lot of record is held in common ownership and said lots are contiguous, undeveloped and substandard in size to the minimum lot size in the zoning districts, they shall, for the purpose of this chapter, be held as one LOT or as many lots as shall leave no lot substandard. Also, a unit in a site condominium.
LOT AREA. The area of a lot bounded by lot lines.
LOT, CORNER. A lot in which lot lines form an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting on a curved street or streets shall be deemed a CORNER LOT if the tangents to the curve (measured at the points of intersection of the side lot lines with the street lines) intersection at an interior angle of less than 135 degrees.
LOT COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls or hedges used as fences or swimming pools.
LOT LINES. A boundary line of a lot.
LOT LINE, FRONT. The lot line separating a lot from a public street, private road or other thoroughfare.
LOT LINE, REAR. Any lot line, other than a front lot line, that is parallel or nearly parallel to the front lot line.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT OF RECORD. A lot that actually exists in a subdivision plat as shown on the records of the county’s Registrar of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The minimum distance between side lot lines measured at all points and measured at right angles to the side lot lines.
MASSAGE. A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
MASSAGE ESTABLISHMENT. Any establishment, or part thereof, having a fixed place of business where massages are administered solely or in combination with any other service or activity for pay, including, but not limited to, massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders. This definition shall not be construed to include a non-profit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities or the welfare of the residents of the area. This definition shall not be construed to include exercise clubs exclusively for members without massages in any form.
MEDICAL MARIJUANA DISPENSARY.
(a) Except as set forth below, any business, facility, structure, association, club, collective, cooperative, location or operation, whether fixed or mobile, whether for profit or non-profit, where medical marijuana is made available to, sold, used, grown, consumed, cultivated, processed, stored, dispensed, given, delivered or distributed by or to any of the following:
1. A registered primary caregiver (as defined by Michigan Initiated Law 1 of 2008, being M.C.L.A. § 333.26421 et seq., as amended);
2. A registered qualifying patient (as defined by Michigan Initiated Law 1 of 2008, being M.C.L.A. § 333.26421 et seq., as amended); and
3. Members of the public.
(b) A MEDICAL MARIJUANA DISPENSARY shall also include any business, facility, club, association, collective, cooperative or operation, whether fixed or mobile, whether for profit or non-profit, where medical marijuana is smoked, consumed or used by three or more persons simultaneously.
(c) A MEDICAL MARIJUANA DISPENSARY shall not include the dispensation of medical marijuana by a primary caregiver personally dispensing to not more than five qualified patients in strict accordance with the state’s Medical Marijuana Act, Michigan Initiated Law 1 of 2008, as amended, and the requirements of this chapter so long as the lawful amount of medical marijuana is delivered to the qualifying patient and paid for where the qualifying patient resides and it is done in full compliance with this chapter as well as all other applicable township ordinances and all applicable state laws, rules and regulations.
(d) A MEDICAL MARIJUANA DISPENSARY shall also not include smoking, consuming or use of medical marijuana by a primary qualifying patient in strict accordance with the state’s Medical Marijuana Act, Michigan Initiated Law 1 of 2008, as amended, and the requirements of this chapter and all other applicable township ordinances and all applicable state laws, rules and regulations.
(e) A MEDICAL MARIJUANA DISPENSARY shall also not include uses occurring in compliance with this chapter and all laws and rules of the state at the following locations: a state-licensed health care facility; a state-licensed residential care facility for the elderly or infirmed; or a residential hospice care facility.
MICRO-BREWERY. An establishment that manufactures in total less than 1,000 barrels of beer per year and that may sell the beer manufactured to consumers and to retailers at the licensed brewery premises for consumption on or off the licensed brewery premises.
MINING or MINERAL EXTRACTION. The excavation, digging, mining, removal and/or processing of peat, earth, gravel, sand, clay, top soil, stone or other soils or materials, including overburden, or the storage or transporting of such items on, to or from a mining site, or the reclamation of the site after removal or excavation of such items. For the purposes of this chapter, the following excavation or other activities are not included within the definition of MINERAL EXTRACTION or MINING:
(a) Excavation approved and conducted by a governmental body of competent jurisdiction in conjunction with the installation or maintenance of publicly-owned or publicly-operated utilities, drainage facilities, roads or other publicly owned or operated improvements, where the excavation is limited solely to the public utility or improvement. Notwithstanding the preceding, any excavating, removal and/or processing of minerals which occurs in conjunction with the creation of a new public road or modification of an exiting public road where the existing grade is modified or disturbed to more than three feet from its present elevation or where such mining in excess of 500 cubic yards will occur beyond the boundaries of the road right-of-way, shall be considered MINERAL EXTRACTION or MINING;
(b) Excavation which by its nature is of limited scope and duration and which is undertaken primarily for the immediate use and development of the land excavated, such as for purposes of constructing or installing buildings, septic tanks, swimming pools, graves and the like, so long as no more than 5,000 cubic yards of material are mined or excavated in total;
(c) Excavation in conjunction with bona fide farming operations conducted in accordance with generally accepted agricultural practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds, if no material is removed from the property;
(d) Other excavations not exceeding 5,000 cubic yards in total where the Zoning Administrator determines, in his or her sole discretion, that the proposed excavation is unlikely to unreasonably interfere with the enjoyment of life or property and will not expose any person or property to the types of dangers inherent in mineral extraction or mining sought to be prevented by this chapter. The Zoning Administrator’s determination may be based on a review of the purpose, location, extent or duration of the proposed excavation and other factors which may bear on the potential of any excavation activity to adversely affect the public health, safety or general welfare of the community;
(e) Where the MINING occurs more than 500 feet from any street or property line, occupies not more than two acres in total area, does not constitute an average intensity of use of more than five yards of material per day and creates no area that fills with water other than a watering pond for farms;
(f) Any MINING associated with the control and regulation of oil or gas; and
(g) The transport or storage of mined materials (or materials frequently associated with mining operations) shall not be deemed MINING or part of a MINERAL EXTRACTION if the materials transported or stored are not combined with minerals mined from the site to which the materials are transported or on which the transported materials are stored. The activity of transporting or storing mined materials that are not combined with other materials mined from the site to which the transporting occurs (or on which the transported materials are stored) shall constitute an industrial use and will not be considered MINING or MINERAL EXTRACTION.
MINI WAREHOUSE OR STORAGE FACILITY. The storage or warehousing of personal property by a number of individuals or entities within separate compartments or rooms within one or more completely enclosed buildings with the facility operated as a single use.
MOBILE HOME. A structure, transportable in one or more sections, that is built on a chassis and designed to be used with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle per state law. All MOBILE HOMES must conform to the U.S. Department of Housing and Urban Development’s Code for Mobile Homes. MOBILE HOME includes a double-wide unit. MOBILE HOMES in the township are deemed to be appropriate only for medium to high density residential uses and are provided for in districts that are so zoned. This definition shall apply when used as a dwelling or any other use.
MOBILE HOME PARK. A parcel or tract of land, under the control of a person upon which three or more mobile homes are located on a continual, non-recreational basis, and that is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended or used incidental to the occupancy of a mobile home, and that is not intended for use as recreation vehicle trailer park (Public Act 419 of 1976, as amended). Mobile homes used only for seasonal migrant housing in an agricultural zone shall not be construed to be MOBILE HOME PARKS, but must conform to state laws governing agricultural farm labor camps and to local zoning rules.
MODULAR. A structure that meets the requirements of the B.O.C.A. Building and Construction Code, and that is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, and when connected to the required utilities, such as plumbing, heating and electrical systems. Pursuant to B.O.C.A. the characteristics of a MODULAR are:
(a) A pitched roof of heavy truss construction able to support a “deadweight” of at least 40 pounds and having roof shingling of five-inch exposure;
(b) A heavy deck flooring of wood on two-by-eight floor joists;
(c) A drain ventilation size of three inches in diameter extending 12 inches above the roof; and
(d) Establishment on a poured wall or cement block and mortar foundation.
MOTEL, HOTEL or MOTOR HOTEL. A building or a series of attached, semi-detached or detached rental units providing long term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided in units for use by the manager and/or caretaker.
MYOMASSAOLOGIST. A person who offers their services for hire in the practice of massage.
NET BUILDING AREA. Contiguous land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops and land encumbered by easements.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of this chapter.
NON-CONFORMING LOT OF RECORD. (Also called a LAWFUL NON-CONFORMING LOT OR SUBSTANDARD LOT.) A lot lawfully existing at the effective date of this chapter, or affecting amendment, and that fails to meet the minimum area or other dimensional requirements of the zoning district in which it is located.
NON-CONFORMING STRUCTURE. (Also called a LAWFUL NON-CONFORMING STRUCTURE.) A structure, or portion thereof, lawfully existing at the effective date of this chapter, or affecting amendment, and that fails to meet the minimum setback, area or other dimensional requirements of the zoning district in which it is located.
NON-CONFORMING USE. (Also called a LAWFUL NON-CONFORMING USE.) A use lawfully existing in a building or on land at the effective date of this chapter, or affecting amendment, and that fails to conform to the use regulations of this chapter or the zoning district in which it is located.
NUDE ARTIST AND PHOTOGRAPHY STUDIOS. Any building, structure, premises or part thereof used solely or primarily as a place that offers as its principal activity the providing of models to display specified anatomical areas, as defined herein, for artists and photographers for a fee or charge.
OUTDOOR ASSEMBLY. In accordance with Ch. 96 of this code of ordinances, OUTDOOR ASSEMBLY, hereinafter referred to as ASSEMBLY, means any event, attended by more than 500 attendants, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to, musical festivals, rock festivals, peace festivals or similar gatherings, but does not mean:
(a) An event that is conducted or sponsored by a governmental unit or agency or political subdivision of the state on publicly-owned land or property; or
(b) Any event held entirely within the confines of a permanently enclosed and covered structure.
PLANNING COMMISSION. The Sparta Township Planning Commission.
PRINCIPAL USE. The main use to which a lot is devoted and the principal purpose for which the building or premises exists.
QUARRY, QUARRYING OPERATION. Any place where stone, gravel, minerals or other natural materials, including topsoil, is removed for the purpose of sale or any other commercial purposes, other than such as may be incidental to excavating or regarding in connection with or in anticipation of building development or landscaping on the site.
RECREATION VEHICLES. A vehicle primarily designed as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, per state law.
RESEARCH AND DEVELOPMENT FACILITY. Any facility that is involved in the inquiry, examination, investigation or experimentation aimed at the discovery and/or interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories of laws and the development thereof. Development may include a limited number of test units of a given product resulting from such research and shall include limited production while a product is being test marketed that is the interim step between full research and development and ultimate full scale production.
RIVER’S EDGE (ORDINARY HIGH WATER MARK). The line between upland and bottomland that persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface soil and the vegetation.
ROAD FRONTAGE. The length of the lot line that borders a public street or private road.
ROAD or STREET. A public or private road or street right-of-way or easement.
ROAD or STREET, PRIVATE. Any non-public path, trail, or road that provides or is intended to provide the primary means of ingress and egress to two or more parcels or lots or two or more principal buildings, dwelling units, structures or combination thereof, whether created by a private right-of-way agreement, a joint ownership, a license, a lease or an easement. Any and all extensions, additions or branches of or to a private road shall be considered part of the private road that abuts the public road. A PRIVATE ROAD shall also include the following:
(a) An access serving one parcel or lot if that parcel or lot does not have the requisite amount of frontage on a public road as required by this chapter; and
(b) Where two or more parcels or lots or dwellings share or utilize a common access drive, even if each parcel or lot has the required frontage on a public road.
ROAD OR STREET, PUBLIC. Any public road or street right-of-way or easement that provides vehicular access to adjacent properties.
SANITARY LANDFILL. Any operation that is required to be licensed by the state or its agencies as a sanitary landfill and/or is subject to the requirement of having such a license.
SEPTIC SYSTEM, SEPTIC TANK. An individual system or tank used for domestic wastes when a sewer line is not available to carry them to a sewage treatment facility. Wastes are piped to underground tanks directly from the home or homes. Bacteria in the wastes decompose the organic waste and the sludge settles on the bottom of the tank. The effluent flows out of the tank into the ground through drains. Periodically, sludge is pumped out of the tanks.
SETBACK. The horizontal distance from a lot line inward toward the part of the building nearest to that lot line. It is an area within which no buildings or structures can be located.
SEWAGE TREATMENT FACILITY. (Also known as WASTE TREATMENT PLANT.) A series of tanks, screens, filters and other processes by which pollutants are removed from water.
SIGN. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or other representation, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, commodity or product, and that is located outdoors or is visible outdoors upon any land or on or in any building. Also, a device, painting, fixture or placard using color, graphics, symbols and/or written copy designed and/or utilized for the purpose of advertising or identifying any event, establishment, product, good, service or displaying or depicting other information.
SITE PLAN REVIEW. The submission of plans to the township for review, as part of the process of securing zoning approval.
SPECIAL USE APPROVAL. Approval for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location or relation to the township, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity and general welfare. Such uses shall be allowed when the specific review criteria provided in this chapter for them are met.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
1. Human genitals, pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STRUCTURAL CHANGES OR ALTERATIONS. Any change in the supporting member of a building, such as bearing walls, columns, beams, posts or girders or any substantial change in the roof.
STRUCTURE.
(a) With regard to flooding, a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home; and
(b) A STRUCTURE is anything constructed, erected or placed that is an item or material or combination of materials or items in, on or upon the ground having a fixed location, including, but not limited to, (temporary or permanent) buildings, sheds, towers, signs, swimming pools, animal enclosures, garages, accessory buildings, temporary or portable garage or vehicle enclosure, decks, patios, platforms, satellite dishes, gazebos, and storage bins, but excluding lawful fences, lawful docks, sidewalks and paving on streets, driveways or parking areas. The definition of structure also excludes retention walls, seawalls, decks or patios, no portion of which is located more than 12 inches above the natural grade, nor closer than five feet to any lot line. STRUCTURES shall meet all setback requirements.
SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
(b) For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(c) The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
TEMPORARY BUILDING OR USE. A structure or use permitted by the Zoning Administrator to exist during periods of construction of the main use or for special events, as may be permitted herein, not to exceed six months.
TOWNSHIP BOARD. The Township Board for Sparta Township.
UNDERGROUND HOME. A residence, the roof of which is covered with earth, and that on at least three sides does not extend upward more than the surrounding grade levels within 50 feet.
VARIANCE. A varying or relaxation of any of the requirements of this chapter by the Zoning Board of Appeals.
WASTE HAULING BUSINESS. Property used in whole or in part for the business of or in connection with the collection, removal or transport of hazardous waste, solid waste, recyclable materials, septage waste, liquid industrial waste or medical waste, including ancillary offices and overnight or temporary storage of waste hauling vehicles. The terms “hazardous waste”, “solid waste”, “recyclable materials”, “septage waste” and “liquid industrial waste” shall have the meaning as defined in Parts 111, 115, 117 and 121 of the Natural Resources Protection Act (NIREPA), as amended (being M.C.L.A. §§ 324.101 et seq.) and the term “medical waste” shall have the meaning as defined in Part 138 of the Public Health Code, as amended, being M.C.L.A. §§ 333.3801 et seq. A WASTE HAULING BUSINESS shall not be construed to be a contractors yard or an open air business under this chapter.
WINERY. An establishment for the processing, bottling and selling of wine or other fermented fruit beverage.
YARD. An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.
YARD, REQUIRED FRONT. The minimum required yard measured from the front lot line into the interior lot area.
YARD, REQUIRED REAR. The minimum required yard measured from the rear lot line into the interior lot area.
YARD, REQUIRED SIDE. The minimum required yard measured from the side lot line into the interior lot area.
ZONING ACT. The Michigan Zoning Enabling Act, being Public Act 110 of 2006, as amended, being M.C.L.A. §§ 125.3101 et seq.
ZONING BOARD OF APPEALS. The Sparta Township Zoning Board of Appeals (ZBA or BOARD OF APPEALS), the members of which have been duly appointed by the Township Board, and that is authorized as a body to interpret, hear appeals and grant variances only in accordance with the provisions of this chapter.
ZONING PERMIT. A permit signifying compliance with the provisions of this chapter as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the township.
(Ord. passed 7-12-2012, § 2; Ord. 15-03, passed 2-12-2015; Ord. 2020-01, passed - - 2020; Ord. 2021-1, passed 7-8-2021; Ord. 23-4, passed 2-9-2023)