For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, the present tense includes the future; words used in the singular number include the plural number. The word SHALL is always mandatory and not merely permissive. 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. Any term not defined herein shall have the meaning of common or standard use.
ACCESS. A way or means of approach to provide vehicular or pedestrian entrance or exit to a property from an abutting property or a public roadway.
ACCESS CONNECTION. Any driveway, street, road turnout, or other means of providing for the movement of vehicles to or from the public road system or between abutting sites.
ACCESS MANAGEMENT. The process of providing and managing reasonable access to land development while preserving the flow of traffic in terms of safety, capacity, and speed on the abutting roadway system.
ACCESS MANAGEMENT PLAN.
(1) A plan establishing the preferred location and design of access for properties along a roadway or the roadways in a community.
(2) It may be a freestanding document, or a part of a community master or comprehensive plan, or a part of a corridor management plan.
ACCESS POINT. Points of access such as:
(1) The connection of a driveway at the right-of-way line to a road; and/or
(2) A new road, driveway, shared access, or service drive.
ACCESSORY USE, BUILDING, or STRUCTURE.
(1) A detached structure, building, or use on the same lot, and of a nature customarily incidental and subordinate to the principal structures, building or use.
(2) No accessory building or structure shall be placed on a lot or parcel of land unless there is an existing principal structure or building on the lot or parcel.
(3) No accessory use shall be carried on or conducted on any lot or parcel of land unless a principal use exists on the lot or parcel of land.
ADULT ENTERTAINMENT - ADULT DRIVE-IN MOTION PICTURE THEATER. An open space, area or premises from which persons may view motion picture films, videos, or performances which are characterized by an emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT ENTERTAINMENT - ADULT ENTERTAINMENT ESTABLISHMENT. A structure, building, or premise in which persons may view people and/or performances and/or dancing characterized by an emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT ENTERTAINMENT - ADULT MOTION PICTURE THEATER. An enclosed building or structure wherein still or motion pictures, videotapes, or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
ADULT ENTERTAINMENT - ADULT PHYSICAL CULTURE ESTABLISHMENT.
(1) Any establishment, club, or business by whatever name designated, which offers or advertises or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. See BATHING ESTABLISHMENT, MASSAGE ESTABLISHMENT and MASSAGE ESTABLISHMENT, AUXILIARY.
(2) The following uses shall not be included with the definition of an ADULT PHYSICAL CULTURE ESTABLISHMENT:
(a) Establishments which routinely provide the services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse, or any other similarly licensed medical professional;
(b) Electrolysis treatment by a licensed operator of electrolysis equipment;
(c) Continuing instruction in material or performing arts or in organized athletic activities;
(d) Hospitals, nursing homes, medical clinics, or medical offices; and
(e) Barbershops or beauty parlors and/or salons, which offer massage to the scalp, the face, the neck or shoulders only.
ADULT ENTERTAINMENT - ADULT SUPPLY STORE. Premises used for the sale, distribution, display, or storage of books, magazines, periodicals, advertisements, devices, objects, toys, paraphernalia, or similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specific sexual activities” or “specified anatomical areas.”
ADULT ENTERTAINMENT - SPECIFIED ANATOMICAL AREAS. Defined as less than completely and opaquely covered:
(1) Human genitals, pubic regions;
(2) Buttock;
(3) Female breasts below a point immediately above top of the areola; and/or
(4) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
ADULT ENTERTAINMENT - SPECIFIED SEXUAL ACTIVITIES. Activities defined as:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; and/or
(3) The fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
AESTHETIC. A standard of exterior architectural appeal and/or neighborhood harmony.
AGRICULTURAL LAND. Substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.
AIRPORT.
(1) A tract of level land where aircraft can take off and land, licensed by the Michigan Department of Transportation, Bureau of Aeronautics under § 86 of the Aeronautics Code of the State of Michigan, as amended, Public Act 327 of 1945, being M.C.L.A. § 259.86.
(2) Usually equipped with a hard surfaced landing strip and may include appurtenances used or acquired for airport buildings or other airport facilities, and all other appurtenant rights-of-way or other existing or future interests.
AIRPORT APPROACH PLAN and AIRPORT LAYOUT PLAN. A plan, or an amendment to a plan, filed with the township under § 151 of the Aeronautics Code of the State of Michigan, as amended, Public Act 327 of 1945, being M.C.L.A. § 259.151.
AIRPORT HAZARD. Any structure or tree within the airport hazard area, which exceeds the height limitations, established by this chapter, or any use of land or appurtenances within the airport hazard area, which interferes with the safe use of the airport by aircraft.
AIRPORT MANAGER. That term as defined in § 10 of the Aeronautics Code of the State of Michigan, as amended, Public Act 327 of 1945, being M.C.L.A. § 259.10.
AIRPORT ZONING ACT. Refers to Public Act 23 of 1950 (Extra Session), being M.C.L.A. §§ 259.431 et seq.
AIRPORT ZONING PLANS. Graphical drawings, which depict height limitations and land use guidelines within the airport hazard area.
AIRPORT ZONING REGULATIONS. Airport zoning regulation under the Airport Zoning Act, as amended, Public Act 23 of 1950 (Extra Session), being M.C.L.A. §§ 259.431 et seq., for an airport hazard area that lies in whole or part in the area affected by a zoning ordinance under this act.
AIRSPACE. Space within the air above the land and water of the state, above the minimum altitudes of flight prescribed by laws of the state and federal aviation regulations.
AGL. Denotes the Above Ground Level of a structure or tree based upon an overall height of a structure or tree measured from ground level to the top point of the structure or tree.
ALLEY. 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 floor joists.
AMBIENT NOISE. The background noise in an area or environment, being a composite of sounds from varying sources at varying distances.
ANEMOMETER. A device used to measure wind speed.
ANTIQUE SHOP.
(1) Any premises used for the sale or trading of articles, which are considered antiques.
(2) ANTIQUE SHOP does not include “secondhand store.”
APARTMENT. A dwelling unit in an apartment house arranged, designed, or occupied as a residence by a single family, individual, or group of individuals.
ARCADE.
(1) Any place, premises, establishment, or room within a structure within which are located 10 or more amusement devices.
(2) For purposes of this definition, AMUSEMENT DEVICES shall mean any device, machine, or apparatus operated by a patron and which plays, exhibits, emits, produces, or displays entertainment or amusement in the form of a game, motion picture, music, performances, or similar entertainment.
(3) The term does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption, kiddy rides, juke boxes, bowling alleys, or pool tables.
ARTISAN PRODUCTION SHOP. A building or portion thereof used for the creation of original handmade works of art or craft items by more than three but less than 6 artisans, as either a principal or accessory use.
ARTIST STUDIO. A building or portion thereof used for the creation of original handmade works or art
or craft items by no more than 3 artists or artisans, either as a principal or accessory use.
AUTO CONVENIENCE MARKET. A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.
AUTOMATIC TELLER MACHINE. An automated device that performs banking or financial functions at a location remote from the controlling financial institutions.
AUTOMOBILE SERVICE STATION. A place that is used or designed to be used for the retail supply of gasoline and other fuels used for the propulsion of motor vehicles, kerosene, motor oil, lubricants or grease, including sale of accessories and services, such as: polishing, washing, cleaning, greasing, and minor repairs, but not including major repairs, or bumping, grinding, or refinishing of motor vehicles.
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.
BANQUET HALL; RECEPTION HALL; CONVENTION CENTER. A facility or group of facilities where a formal assembly or members, representatives, or delegations of a group, such as a political party, fraternal society, or service club, and including but not limited to wedding receptions, proms, graduations, birthday, and other specialized events where food and beverages, including alcohol, may be served and where the facilities are not open to the general public or have regular operating hours.
BASEMENT.
(1) The portion of a building, which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor, is greater than the vertical distance from the average grade to the ceiling.
(2) A BASEMENT shall not be counted as a story.
BATHING ESTABLISHMENT. Any building, room, place, or establishment other than regularly established and licensed hospital or dispensary wherein are given baths, vapor baths, electric cabinet baths, electric light baths, electric tub baths, sponge baths, shower baths, sun baths, tub baths, and mud baths, mineral baths, Finish, Russian, Swedish, or Turkish baths, slat glows, massage, fomentation, electric or magnetic treatments, alcohol rubs, and rubs or massages with or without any other ingredients. See ADULT ENTERTAINMENT - ADULT PHYSICAL CULTURE ESTABLISHMENT, MASSAGE ESTABLISHMENT and MASSAGE ESTABLISHMENT, AUXILIARY.
BILLBOARD. See OUTDOOR ADVERTISING SIGN.
BLOCK. Is comprised of a parcel of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines, or the corporate boundary lines of any village, city, or township.
BOARDING HOUSE; BED AND BREAKFAST.
(1) A dwelling in which more than 3 persons either individually or as families are housed or lodged for hire with meals.
(2) A BED AND BREAKFAST establishment shall not contain more than 5 sleeping rooms for hire.
BREW PUB.
(1) An establishment, which contains a full service standard restaurant and alcoholic beverages.
(2) This establishment also contains a mini-brewery, as accessory uses provided that sale of the mini-brewery products are less than 50% of total sales.
(3) This mini-brewery shall be for the brewing of handcrafted, natural beer intended for retail consumption on the premises and on any premises that has a license as a standard full-service restaurant owned and operated in its entirety by the same corporate ownership and management as the brewpub.
BREWERY, MICRO.
(1) A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premises, with a capacity of not more than 15,000 barrels per year.
(2) The development may include other uses such as a standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.
BUILDING. An enclosed structure having a roof supported by columns, walls, arches, or other devices and used for the housing, shelter, or enclosure of persons, animals, or chattels.
BUILDING AREA. See FLOOR AREA.
BUILDING HEIGHT. The vertical distance measured from grade to the highest point of the roof for flat roofs, to the average deck line of mansard roofs, and to the average height between eaves and ridges for gable, hip, or gambrel roofs.
BUILDING SETBACK LINE. The minimum distance which any building must be located from a street right-of-way or high water line.
BULK. Is the term used to indicate the size and setback of a building or structure and the location of it with respect to another building or structure or to a lot line and includes the following:
(1) The size and height of a building or structure;
(2) The location of the exterior wall of a building in relation to a lot line, street, or other building;
(3) The floor area of a building in relation to the area of the lot on which it is located;
(4) The open spaces allocated to and surrounding a building; and
(5) The amount of lot area per dwelling unit.
BUSINESS CENTER. Two or more buildings containing stores or 2 or more buildings containing a combination of stores and offices usually on separate lots, and sharing a common drive or street and/or off-street parking facilities, and/or identified by a name for the center.
CABARET. An establishment where live entertainment is provided, presented, permitted, or performed, including, but not limited to, dance, comedy, theatrical, or musical performances, but not including performances which are distinguished or characterized by an emphasis on, or related to, “specified anatomical areas” (as heretofore defined) for observation by persons or patrons therein.
CAPITAL IMPROVEMENTS PLAN. Priority listing of new or reconditioned facilities-buildings, roadways, bridges, treatments plants, water supply, sewerage, or storm water pipes, solid waste disposal site, and the like, needed by the community over a 6-year period with proposed methods of financing.
CENTRAL SANITARY SEWERAGE SYSTEM. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a sanitary sewerage disposal system from a central location or plant, but not including septic tanks.
CENTRAL WATER SYSTEM. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a central water system from a central location or plant.
COFFEE KIOSK. A retail food business in a freestanding building that sells coffee, or other beverages, and ready made bakery goods from a drive-through window to customers seated in their automobiles for consumption off the premises and that provides no indoor or outdoor seating.
COMMERCIAL MEDICAL MARIHUANA FACILITY or FACILITY. Any one of the following:
(1) PROVISIONING CENTER, as that term is defined in the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016 ("MMFLA");
(2) PROCESSOR, as that term is defined in the MMFLA;
(3) SECURE TRANSPORTER, as that term is defined in the MMFLA;
(4) GROWER, as that term is defined in the MMFLA;
(5) SAFETY COMPLIANCE FACILITY, as that term is defined in the MMFLA.
COMMONS. Those land areas or facilities to which persons have access and right of use because of ownership or contract; usually refers to areas or facilities in a housing project owned jointly under condominium law or accessible to renters in the project.
COMMUNITY FACILITIES. Buildings or grounds used for publicly provided functions such as schools, libraries, government centers, and the like.
CONDITIONAL USE.
(1) A use which is subject to conditional approval by the Planning Commission.
(2) A CONDITIONAL USE may be granted only when there is a specific provision in this chapter.
(3) A CONDITIONAL USE is not considered to be a nonconforming use.
CONDOMINIUM. A form of property ownership in which living units or other forms of units in a structure are owned individually but the associated land is owned in common or jointly with owners of other structures on the site.
CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended.
CONDOMINIUM DEVELOPMENT. Any development undertaken under the provisions of the Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended, or any other act of the legislature of the State of Michigan providing for development of property under joint or concurrent ownership.
CONDOMINIUM DOCUMENTS. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws, which affects the rights and obligations of a co-owner in the condominium.
CONDOMINIUM LOTS. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.
CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared in accordance with § 66 of the Condominium Act.
CONDOMINIUM UNIT. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
CONSERVATION EASEMENT. That term as defined in § 2140 of the Natural Resources and Environmental Protection Act, as amended, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.
CONSOLIDATING MASTER DEED. The final amended master for a contractible or expandable condominium project or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.
CONVENIENCE STORE.
(1) Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware.
(2) CONVENIENCE STORES may include fuel pumps or the selling of fuel for motor vehicles.
CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under § 71 of the Condominium Act.
COORDINATING ZONING COMMITTEE. The coordinating zoning committee for Jackson County, as described under § 307 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3307.
COPY SHOP. A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports.
COURT (OPEN SPACE).
(1) An open space on the same lot with a building or group of buildings and which is bounded on 2 or more sides by the building or buildings.
(2) A COURT shall be unoccupied.
CROSS STREET. The adjacent intersecting street or road.
CURRENCY EXCHANGE.
(1) Any person who engages in the business of cashing checks for a fee.
(2) Check cashing businesses do not include a supervised financial organization; a licensee under the Money Transmitter Act or persons who are primarily engaged in the business of selling tangible personal property or services at retail and do not derive more than 5% of their income from check checking.
CUTOFF. The point at which all light rays emitted by a lamp, light source, or luminaries are completely eliminated (cut off) at a specific angle above the ground.
CUTOFF ANGLE. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
CUTOFF TYPE LUMINARIES. A unit of illumination with elements such as shield, reflectors, or refractor panels that direct and cut off the light at a cutoff angle less than 90 degrees.
DATA CENTER. A location housing 1 or many large computer systems and related equipment concerned with building, maintaining, or processing data and providing other data processing services.
DAY CAMP.
(1) Children’s camp, residential, day, troop, nature, or travel camp conducted in a natural environment for more than 4 school-age children apart from their parents, relatives, or legal guardians for 5 or more days in a 14-day period.
(2) A children’s camp provides care and supervision for the same group of children for usually not more than 12 weeks.
(3) Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, Rule 400.11106 effective 1-1-2001.
dB(A). The sound pressure levels in decibels. Refers to the “a” weighted scale defined by ANSI, a method for weighting the frequency spectrum to mimic the human ear.
DECELERATION LANE. A speed-change lane, including taper, for the purpose of enabling a vehicle to leave the through traffic lane at a speed equal to or slightly less than the speed of traffic in the trough lane and to decelerate to a stop or to execute a slow speed.
DECIBEL. The unit of measure used to express the magnitude of sound pressure and sound intensity.
DECOMMISSIONING. The process of terminating operation and completely removing a wind facility and all related buildings, structures, foundations, access roads, and equipment and restoration of the property to a condition that is reasonably close to the original property prior to construction.
DEVELOPMENT RIGHTS. The rights to develop land to the maximum intensity of development authorized by law.
DEVELOPMENT RIGHTS ORDINANCE. An ordinance, which may comprise part of a zoning ordinance, adopted under § 308 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3308.
DISTRICT. A portion of the township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DOG KENNEL. See KENNEL.
DRIVE-IN. A business establishment so developed that its retail or service character is primarily dependent on providing a drive-way approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building or structure.
DWELLING AREA. The dwelling area of a dwelling unit is composed of sleeping rooms, kitchen, dining room, den, studio, bathrooms, and family and living rooms or similar rooms.
DWELLING (MOBILE HOMES). See MOBILE HOME or TRAILER COACH.
DWELLING, MULTIPLE-FAMILY. A building containing 3 or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in Section 9.1.50 (definition of BULK, this section), for each of the dwelling units.
DWELLING, SINGLE-FAMILY. A detached building containing not more than 1 dwelling unit designed for 1 family residential use, which shall comply with the following standards:
(1) Minimum living area of 750 feet for 1- or 2-bedroom dwelling; 150 square feet of additional living area for each additional bedroom; and minimum floor to ceiling height of 7.5 feet;
(2) Minimum exterior widths of 20 feet along side elevations exclusive of porches not a part of the main living room. Minimum roof pitch to be not less than 4/12;
(3) The dwelling shall be attached to a permanent foundation constructed on the site, which shall be coextensive with the perimeter of the structure in compliance with the Township Building Code;
(4) No exposed wheels, towing mechanisms, under carriage, or chassis shall be permitted;
(5) The dwelling shall be connected to a public sewer and water supply or to private sewer and water supply facilities approved by the Jackson County Health Department before issuance of a certificate of occupancy;
(6) The dwelling shall contain storage areas in the basement, attic, closets, or in an area designed for the storage of personal property, exclusive of an attached or detached garage designed for the storage of automobiles and exclusive of the crawl space of a dwelling not possessing a basement. The storage areas within the dwelling unit shall, in the aggregate, be equal to at least 15% of the minimum square foot dwelling area requirements of this chapter;
(7) The dwelling shall in all respects comply with the township building code and all applicable federal
And state laws, regulations, standards, and codes, including, but not limited to, electrical, plumbing, energy, fire and safety laws, regulations, standards, and codes;
(8) In addition to the foregoing requirements, mobile homes shall in all respects comply with the standards for mobile home construction and safety as contained in the United States Department of Housing and Urban Development (HUD) regulations then in effect as adopted pursuant to the provisions of Public Law 93-383, being the U.S. Housing Act of 1937, 42 U.S.C. §§ 1437 et seq., as amended; and
(9) The foregoing standards shall not apply to a mobile home located in a licensed mobile home park or mobile home subdivision except to the extent required by state or federal laws and regulations.
DWELLING, ROW. A row of 3 to 6 attached 1-family dwellings not more than 2-1/2 stories in height nor more than 2 rooms deep, with separate housekeeping and cooking facilities for each.
DWELLING, TWO-FAMILY. A building containing not more than 2 separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in Section 9.1.50 (definition of BULK, this section), for each of the dwelling units.
EASEMENT. Any private or dedicated public way other than a street, providing a secondary means of access to a property having a right-of-way not less than 20 feet, may include a utility access.
EGRESS. The exit of vehicular traffic from abutting properties to a street or road.
ENTRANCE RAMP. A roadway connecting a feeder road/street with a limited access highway and used for access onto the limited access highway.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments, commissions, or boards, or by other government agencies of underground, surface, or overhead gas, electric, steam, or water transmission or distribution systems, collection, communication, supply or disposal system, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions, or other government agencies, or for the public health, safety, or general welfare, but not including buildings other than those buildings which are primarily enclosures or shelters, for the installed central services equipment, but including buildings or structures owned or leased by Summit Township.
EXCAVATION OF GRAVEL, SAND, TOPSOIL, OR EARTH. Premises from which any rock, gravel, sand, topsoil, or earth in excess of 50 cubic yards in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or within public highway rights-of-way.
EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.
FAA. The Federal Aviation Administration.
FAMILY. An individual or a group of 2 or more persons related by blood, marriage, or adoption, including foster children and servants, together with not more than 3 additional persons not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.
FAMILY AND GROUP DAY-CARE HOMES. Those terms as defined in § 1 of Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, and only apply to the bona fide private residence of the operator of the family or group day-care home.
(1) A FAMILY DAY-CARE HOME licensed or registered under Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, shall be considered a residential use of property for the purpose of zoning and a permitted use in all residential zones, including those zoned for single-family dwellings, and shall not be subject to a special use or conditional use permit or procedure different from those required for other dwellings or similar density in the same home.
(2) A GROUP DAY-CARE HOME licensed or registered under Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, shall be issued a special use permit, conditional use permit, or similar permit if the group day-care home meets the following standards:
(a) Is located not closer than 1,500 feet to any of the following:
1. Another licensed group-day care home;
2. Another adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, as amended, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq.;
3. A facility offering substance abuse treatment and rehabilitation service to 7 or more people licensed under Article 6, Substance Abuse, of the Public Health Code, as amended, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq.; and/or
4. A community correction center, resident home, halfway home, or other similar facility which houses an inmate population under the jurisdiction of the department of correction.
(b) Has appropriate fencing for the safety of the children in the group day-care home as determined by the township;
(c) Maintains the property consistent with the visible characteristics for the neighborhood;
(d) Does not exceed 16 hours of operation during a 24-hour period. The township may limit but not prohibit the operation of a group day-care home between the hours of 10:00 p.m. and 6:00 a.m.;
(e) Meets regulations, if any, governing signs used by a group day-care home to identify itself; and
(f) Meets regulations, if any, requiring a group day-care home operator to provide off street parking accommodation for his or her employees.
(3) A licensed or registered family or group day-care home that has operated prior to the effective date of the amendatory act that added this section is not required to comply with the requirements of this definition.
(4) This definition shall not prevent an inspection of a family or group day-care home for the home’s compliance with the township’s ordinance and enforcing the ordinance; if the ordinance is not more restrictive for the home than Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, within 1,500 feet of the licensed or registered group day-care home will not affect any subsequent special use permit to a licensed or registered group day-care home that does not meet the standards listed.
(5) The distances specified shall be measured along a road, street, or place maintained by this state or a political subdivision of this state and generally open to use by the public as a matter of right for the purpose of vehicular traffic, not including an alley.
FARM MARKET. Any on-farm location established in accordance with local ordinance and operated in compliance with Public Act 92 of 2000, the Michigan Food Law, where farmers may transport and sell fruits, vegetables or other agricultural products to the public. On-farm markets may operate intermittently, but for licensing purposes will be considered a permanent operation.
FARMERS MARKET. A public and recurring assembly of farmers or their representative transporting and selling food and other agricultural products they have produced directly to consumers in a location established in accordance with local ordinance and operated in compliance with Public Act 92 of 2000, the Michigan Food Law. Farmers market vendors may operate intermittently, but for licensing purposes will be considered a permanent operation. In addition, the market may include a variety of other vendors as determined by market management.
FARMLAND PRESERVATION ACT. Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Preservation Act, as amended, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., permits certain property owners to contract with state government to retain land in agriculture or open space in exchange for tax advantages and immunity to special assessments not of benefit to the property under current use conditions.
FLOOR AREA. The sum of the gross horizontal floor areas of the several stories of a building, as measured to the exterior face of the exterior walls, plus that area, similarly measured of all other stories that are accessible by a fixed stairway, ramp, escalator, or elevator; including all enclosed porches and balconies, and all stairways, breezeways, storage area, recreational rooms, boiler rooms, and other areas within or contiguous to the structure; and the measurement shall include the floor space of all accessory buildings measured similarly.
FLOOR AREA RATIO.
(1) The ratio of the floor area of a building to the area of the lot on which it is located calculated by dividing the floor area by the lot area and expressing it as a percentage.
(2) For example, a floor area ratio of 80% is specified and the lot area is 10,000 square feet, the maximum permitted floor area on the lot is 8,000 square feet.
(3) The number of stories being optional, the building area may be 4,000 square feet for each of 2 stories, 2,000 square feet for each of 4 stories, or 1,000 square feet for each of 8 stories.
FOOTCANDLE. A unit of illumination produced on a surface, all points of which are 1 foot from a uniform point source of 1 candle.
FREEWAY. A divided highway of not less than 2 lanes in each direction to which owners or occupants of abutting property or the public have no right of ingress or egress to, from, or across the highway, except at points determined by or as otherwise provided by the authorities responsible therefor (Public Act 106 of 1972).
FRONTAGE ROAD or FRONT SERVICE DRIVE. A local street/road or private road typically located in front of principal buildings and parallel to an arterial for service to abutting properties for the purpose of controlling access to the arterial.
GARAGE AND YARD SALES.
(1) An occasional sale of household goods and personal property.
(2) Signs advertising sales shall not be posted for more than 3 consecutive days either on the property where the sale is occurring or on any other property.
(3) See § 110.40 for additional requirements.
GARAGE, COMMERCIAL. Any building available to the public operated from gain and which is used for storage, rental, greasing, washing, servicing, repairing, and or adjusting of automobiles or other motor vehicles.
GARAGE, PRIVATE. An accessory building or structure used principally for storage of automobiles and for other incidental storage purpose only.
GLARE. Light emitting from luminaries with an intensity great enough to reduce a viewers’ ability to see and, in extreme cases, causing momentary blindness.
GOVERNING BODY. The official group vested with the power to adopt an ordinance.
GRADE. The degree of rise or inclination (slope, fall, and the like) compared with level.
GREENWAY. A contiguous or linear open space; including habitats, wildlife corridors, and trails, that links parks, nature reserves, cultural features, or historic sites with each other, for recreation and conservation purposes.
HOME OCCUPATION. An occupation that is carried on in the home by resident members of the family or living unit, being clearly incidental and secondary to the principal residential use. For the purpose of this chapter, there are 2 types of home occupations.
(1) Type 1 home occupation.
(a) A type 1 home occupation is a profession or occupation that is clearly a customary, incidental, and secondary use of a residential dwelling unit, and which does not negatively impact the residential character of the neighborhood in which the home occupation is located.
(b) Type 1 home occupations must meet the criteria established in § 150.171(B)(1) in order to ensure that no evidence is exhibited that a business is being conducted from the premises.
(2) Type 2 home occupation.
(a) A type 2 occupation is a profession or occupation that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not negatively impact the residential character of the neighborhood in which the home occupation is located, but which displays evidence that a business is being conducted from the premises.
(b) Type 2 home occupations require a conditional use permit including additional development requirements for certain uses located in § 150.257.
HOTEL/MOTEL. A building or structure or part thereof, occupied as the more or less temporary abiding place of individuals, in which the rooms are usually occupied singly for hire and in which rooms no provisions for cooking are made, and in which building there may be a general kitchen and/or public dining room(s) for the accommodation of the occupants.
HUB HEIGHT. The distance measured from the ground level to the center of the turbine hub.
IMPROVEMENTS.
(1) Those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage.
(2) IMPROVEMENTS do not include the entire project that is the subject of zoning approval.
INDUSTRIAL PARK. A group of 2 or more buildings, usually on separate lots, for industrial, research, or warehousing uses, with a common street or driveway system, developed according to an overall plan for the park, and identified by a name for the park.
INFRASTRUCTURE. General reference is to the network of physical systems such as streets, water supply, sewerage, and storm drains that are essential in urban areas.
INGRESS. Used to refer to traffic outlets from public roadways to private property or entrances to buildings or other facilities.
INTENSITY OF DEVELOPMENT. The height, bulk, area, density, setback, use, and other similar characteristics of development.
INTERSECTION. The location where 2 or more roadways cross at grade without a bridge.
INTERSECTION SIGHT DISTANCE.
(1) The sight distance provided at intersections to allow the drivers of stopped vehicles a sufficient view of the intersection roadways to decide when to enter the intersection roadway or to cross it.
(2) The time required is the sum of the perception reaction time plus the time to accelerate and cross or enter the major roadway traffic stream.
INTERSTATE HIGHWAY. A highway officially designated as a part of the national system of interstate and defense highways by the Department of Transportation and approved by the appropriate authority of the federal government (Highway Advertising Act, as amended, Public Act 106 of 1972, being M.C.L.A. §§ 252.301 et seq.).
JUNKYARD. A place, structure, parcel, or use 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, cordage, 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 and including establishments for the sale, purchase, or storage of salvaged machinery and for the processing of used, discarded, or salvaged materials, for any 30 consecutive days.
JUNK VEHICLES, REPAIR OF. The following definitions shall apply in the interpretation and enforcement of this code.
(1) COSTS. The expense of removing, storing, or selling a junked vehicle.
(2) HOBBY. The repairing, reconditioning, or rebuilding of all vehicles, which is done for personal enjoyment or entertainment only, with no profits or compensation or reimbursements of any kind involved.
(3) JUNK VEHICLE. Any self-propelled vehicle designed for highway travel under its own power which is not capable of the travel in its existing mechanical condition, or any dismantled, partially dismantled, discarded, wrecked, demolished, or partially demolished vehicle; or any vehicle designed for highway travel not bearing a current license plate or license certificate.
(4) VEHICLE. A machine propelled by power other than human power designed to travel along the ground, in the air or through water by use of wheels, treads, runners, slides, wings, or hulls and to transport persons or property or pull nonself-propelled vehicles or machinery and includes, without limitation, automobile, airplane, boat, truck, trailer, motorcycle, motor scooter, moped tractor, buggy and wagon.
(5) FULLY ENCLOSED STRUCTURE. Any commercial or residential garage and any other human-made or natural barrier, which effectively prevents viewing of the area screened and its contents from adjacent walkways, roadways, or alleys.
KENNEL.
(1) Any lot or premises on which 3 or more dogs 6 months of age or older are kept either permanently or temporarily for boarding as a primary use and not incidental to another primary use such as a veterinarian clinic or dog groomer.
(2) Providing that no more than 2 dogs 6 months of age or older shall be kept permanently or temporarily on any lot or premises located in a residential district.
LAND SPLITS/DIVISIONS.
(1) Actions that divide a parcel into additional smaller parcels.
(2) When acreage is involved, the reference is usually to part of the larger parcel for a building site; in subdivisions it refers to the division of a lot with parts attached to adjacent lots.
(3) See Land Division Act, as amended, Public Act 591 of 1996, being M.C.L.A. § 560.101, and Chapter 151 of this code.
LAND USE GUIDANCE ZONE. An area or zone in which certain types of land uses are recommended due to noise, vibrations, fumes, dust, fuel particles, and other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating as an airport.
LEGISLATIVE BODY. The county board of commissioners of a county, the board of trustees of a township, the council of a city or village, or other similar duly elected representative body of a county, township, city, or village.
LIGHT FIXTURES (SPACING AND HEIGHT).
(1) Spacing of standards shall be equal to approximately 4 times the height of the standard.
(2) The maximum height of standards shall not exceed the maximum building height permitted, or 25 feet, whichever is less.
(3) The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents.
LIGHT TRESPASS. The shining of light produced by a luminary beyond the boundaries of the property on which it is located
LOADING SPACE, OFF-STREET.
(1) Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to the vehicles when required off-street parking spaces are filled.
(2) Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOCAL UNIT OF GOVERNMENT. A county, township, city, or village.
LOT.
(1) A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area; and to provide the yards and other open spaces as herein required.
(2) The lot may consist of a single lot of record; a portion of a lot of record; a combination of contiguous lots of record, or contiguous portions of lots of record; or a parcel of land described by metes and bounds, a lot or portion thereof and a parcel described by metes and bounds, or 2 or more parcels described by metes and bounds which are combined into a single legal description and taxable entity.
(3) Provided further, that where a lot is made up of more than 1 lot, parcels, or combinations of lots and parcels no portion of the lot shall thereafter be sold or conveyed or any interest created therein if the remaining parcel is of insufficient size to meet the minimum zoning requirements for use, coverage, and area.
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 2 or more intersecting streets.
LOT COVERAGE. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures. See Appendix A of this chapter.
LOT DEPTH. The depth of a lot shall be considered to be the distance between the midpoints of straight lines in front and the rearmost points of the side lot lines in the rear.
LOT FRONTAGE.
(1) The front of a lot shall be construed to be the portion nearest the street.
(2) For purposes of front yard setback requirements for corner and through lots the front yards shall be determined by reference to the street faced by the structure on the lot or that portion of the lot abutting the legal address of the lot, and once the front yard is determined it shall remain the same thereafter.
(3) For the purpose of determining minimum lot width, the frontage of only 1 street shall be used.
(4) A lot abutting a lake, stream, river, or public body of water may at the election of the owner be considered to front on the water, and the election shall thereafter be binding on the owner and his or her heirs, successors, and assigns for purposes of determining setback requirements and lot frontage.
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 Jackson County, or a lot described by metes and bounds, the deed to which has been recorded in the office.
LOT, THROUGH OR DOUBLE FRONTAGE. An interior lot having frontage on 2 parallel or approximately parallel streets.
LOT WIDTH.
(1) The width of a lot shall be the horizontal distance between the side lot lines measured at 90 degrees to the lot depth, provided that the line used to measure lot width shall be located as close as possible to the rear line of the required front yard, and provided further that no part of the measuring line shall not include any portion thereof in a street right-of-way or a street or drive easement.
(2) The frontage of a lot on a street right-of-way or a street or easement shall not be less than 80% of the required lot width, except in the case of lots on a turning circle of a cul-de-sac street.
(3) On a cul-de-sac, the front yard line shall be at the point where 80% of the required width is reached along a line measured parallel to the tangent to the deepest protrusion of the arc describing the road/street right-of-way through the front of the property.
(4) In no case shall the distance between the above described tangent and front yard line be less than the required front yard setback for the zoning district in question.
(5) The above described tangent may not be less than 30 feet in width at the road/street right-of-way line.
LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
MANUFACTURING. The process of making products by hand, by machinery, or by other agency, often with the provision of labor and the use of machinery.
MARGINAL ACCESS ROAD. A service roadway parallel to a feeder road/street; and which provides access to abutting properties and protection from through traffic.
MARIHUANA. That term as defined in § 7106 of the Michigan Public Health Code, 1978 PA 368, M.C.L.A. § 333.7106.
MASSAGE ESTABLISHMENT. Any building, room, place, or establishment other than a regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational and physical therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing devices and shall also include any bathing establishment. See ADULT ENTERTAINMENT - ADULT PHYSICAL CULTURE ESTABLISHMENT, BATHING ESTABLISHMENT and MASSAGE ESTABLISHMENT, AUXILIARY.
MASSAGE ESTABLISHMENT, AUXILIARY. Any building or tenant space in which any person, firm, association, or corporation, or any person employed by the person, firm, association, or corporation, engages or is permitted to engage in the practice of massage as an accessory use customary and clearly incidental to a principal business and use, including but not limited to services offered by a hotel, health club or spa, or beauty salon. See ADULT ENTERTAINMENT - ADULT PHYSICAL CULTURE ESTABLISHMENT, BATHING ESTABLISHMENT, and MASSAGE ESTABLISHMENT.
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 and all other information required by M.C.L.A. § 559.108.
MEDICAL MARIHUANA. That term as defined in M.C.L.A. § 333.26423.
MEDICAL MARIHUANA CAREGIVER GROW OPERATION. An establishment used by 1 registered primary caregiver for the purposes of the growing and dispensing of medical marihuana outside the privacy of a personal dwelling for up to 5 qualifying patients (as well as the caregiver if he or she is also a qualifying patient), but where there is no consumption of marihuana on the premises.
MEDICAL MARIHUANA HOME USE. A dwelling where a qualifying patient grows or uses medical marihuana for personal consumption in the privacy of their own dwelling, and/or where a registered primary caregiver, serving not more than 1 qualifying patient who resides with the primary caregiver, grows or distributes medical marihuana 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.
MEDIUM VOLTAGE CABLE. 34.5 kV lines which provide electricity to homes.
MEZZANINE. An intermediate floor in any story occupying not to exceed 1/3 of the floor area of the story.
METEOROLOGICAL TOWER (MET TOWER). Includes the tower, base plate, anchors, guy wires, equipment housing, and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
MICHIGAN MEDICAL MARIHUANA 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 marihuana; provide protections for the medical use of marihuana; 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 (MDCH) to grow and distribute medical marihuana 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 marihuana, and who is registered through the Michigan Department of Community Health (MDCH) to grow and/or consume medical marihuana. The qualifying patient must have a valid registry card.
MIXED USE. A land use where more than 1 classification of land use (residential, commercial, and recreational) permitted within a zoning district is combined on a lot or within a structure.
MOBILE HOME or TRAILER COACH.
(1) A detached portable single-family dwelling prefabricated on its own chassis and intended for long-term occupancy.
(2) The unit contains sleeping accommodations, flush toilet, tub or shower, eating and living quarters.
(3) It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.
MOBILE HOME PARK.
(1) Referred to also as PARK in this chapter.
(2) Any parcel of land intended and designed to accommodate more than 1 mobile home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to the living use.
MOBILE HOME SITE. A plot of ground within a mobile home park designed for accommodation of a mobile home.
MOBILE HOME STAND. The part of a mobile home site designed for the placement of a mobile home, appurtenant structures, or additions, including expandable rooms, enclosed patios, garages or structural additions.
MOBILE HOME SUBDIVISION. A legally platted residential subdivision accommodating mobile homes.
MODIFICATION. Any change to a small wind energy system that materially alters the size, type or location of a small wind energy system. Like-kind replacements shall not be considered to be a modification.
NACELLE. The encasement which houses all of the generating components, gear box, drive train, and other equipment.
NET METERING. The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer’s wind energy system that is fed back into the electric distribution system over a billing period and is a special metering and billing agreement between the utility company and the customer.
NONCONFORMING BUILDING, STRUCTURE. A structure or building lawfully constructed that does not conform to the requirements of the district in which it is situated.
NONCONFORMING USE. A structure or use that is not permitted in the zoning district in which it is located, but which is permitted to continue with restrictions because the structure or use predates the designation of the zone.
NOTICE OF PROPOSED ACTION. The notice required by M.C.L.A. § 559.171, to be filed with Summit Township and other agencies.
NUISANCE.
(1) Anything that interferes with the use or enjoyment of property, or endangers personal health or safety.
(2) Zoning is generally intended to separate uses that constitute a nuisance to adjoining properties, but zoning law cannot be invoked to abate all nuisances.
OCCUPIED BUILDING. A residence, school, hospital, church, public library, business, or other building used for public gatherings.
OFFICE PARK. Groups of 2 or more buildings, on individual or 1 undivided parcel, with a common street or driveway system, developed according to an overall plan for the park, and identified by a name for the park.
OFFICES.
(1) Workplace for occupations of an executive, administrative, professional, or similar nature.
(2) Those occupations include, but are not limited to, architects, engineers, surveyors, lawyers, accountants, insurance providers, and real estate brokers.
OFF-STREET PARKING AREA. A land surface or facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than 2 automobiles.
OPEN SPACE.
(1) Land area that has not been developed.
(2) Usually refers to land in the countryside but may be used to include parks, undeveloped areas in planned developments or other large projects.
OTHER ELIGIBLE LAND. Land that has a common property line with agricultural land from which development rights have been purchased and is not divided from that agricultural land by a state or federal limited access highway.
PARCEL. A piece or tract of land in single ownership.
PARKING SPACE.
(1) A unit of a parking area provided for the parking of 1 automobile.
(2) This space shall have an area of not less than 200 square feet, and shall be exclusive of curves, driveways, aisles, or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
PARKWAY.
(1) The area between the street or road right-of-way (ROW) and the pavement edge is called the parkway.
(2) Public sidewalks, where they exist, are located in this area.
PDR RIGHTS. A program under § 507 of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3507, for the purchase of development rights by a township.
PERFORMANCE STANDARD. A regulation that admits or denies a particular use in a zoning district on the basis of the proposed use’s capability to meet noise, air pollution, vibration, heat, visual impact, or other standards, reference § 150.315 et seq.
PERSON. A natural person, company, partnership, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.
PHOTOVOLTAICS (PV). A technology that converts light directly into electricity.
PLANNED DEVELOPMENT.
(1) A self-contained development, usually with a mixture of housing types, in which subdivision and zoning regulations apply to the entire project rather than to separate lots.
(2) A PLANNED DEVELOPMENT may also include mixed uses and can apply to commercial, office, or industrial developments.
POOL OR BILLIARD HALL. An establishment wherein the substantial or significant portion of all usable area is devoted to the use of pool or billiard tables.
POPULATION. The population according to the most recent federal decennial census or according to a special census conducted pursuant to § 7 of the Glenn Steill State Revenue Sharing Act of 1971, as amended, Public Act 140 of 1971, being M.C.L.A. § 141.907, whichever is the more recent.
POWER SWITCHYARD. The structure needed to tie the solar energy facilities to electric transmission lines.
PRIMARY CAREGIVER. A person qualified under M.C.L.A. § 333.26423(g) to assist with a patient’s medical use of marihuana.
PRIMARY HIGHWAY. A highway, other than an interstate highway or freeway, officially designated as a part of the federal aid primary system as defined in 23 U.S.C. § 103, as amended by the Department of Transportation approved by the appropriate authority of the Federal government (Highway Advertising Act, as amended, Public Act 106 of 1972, being M.C.L.A. §§ 252.301 et seq.).
PRIVATE STREET/ROAD. As defined by §§ 90.01 et seq. and or the Jackson County Road Commission Standards for a Public Street.
PUBLIC UTILITY.
(1) Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under federal, state, or municipal regulations, to the public: electricity, gas, steam, communications, telegraph, transportation, water, or sanitary or storm sewage facilities.
(2) Providing further that telecommunication facilities shall not be considered a public utility under this chapter.
(3) For the purposes of this chapter, telecommunication facilities shall not be considered a public utility, or essential service, and telecommunication towers, antennas, or monopolies shall be subject to all of the rules, regulations, and provisions of § 150.257.
QUALIFYING PATIENT. A REGISTERED QUALIFYING PATIENT or a VISITING QUALIFYING PATIENT as those terms are defined by M.C.L.A. § 333.26421, et seq.
QUARRY.
(1) Any pit, excavation, or mining operation for the purpose of searching for or removing for commercial use, any earth, sand, gravel, clay, stone, slate, marble, or other nonmetallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an oil well or excavation preparatory to the construction of a building or structure.
(2) See § 150.257.
RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000.
(1) General rule. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution:
(a) Is in furtherance of a compelling governmental interest; and/or
(b) Is the least restrictive means of furthering that compelling governmental interest.
(2) Scope of application. Applies in any case which:
(a) The substantial burden is imposed in a program or activity that receives federal financial assistance, even if the burden results from a rule of general applicability;
(b) The substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several states, or with Indian tribes, even if the burden results from a rule of general applicability; and/or
(c) The substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
RESORT. A resort shall mean a place providing recreation and entertainment, especially to vacationers and tourists, which may include lodging facilities.
RESTAURANT, COMMERCIAL/RECREATION.
(1) Any establishment, which provides as a principal use the combination of family-oriented recreation and on-premises dining, is clearly accessory or incidental to the operation of the other.
(2) For the purpose of this definition, RECREATION may include, but is not limited to: television and motion pictures; sound and sight systems; mechanical and/or electronic operated games; animated mechanical devices and/or rides; and live entertainment.
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.
RIGHT TO FARM ACT. A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices and if the farm or farm operation existed before a change in the land use or occupancy of land within 1 mile of the boundaries of the farm land (Michigan Right to Farm Act, as amended, Public Act 93 of 1981, being M.C.L.A. §§ 286.471 - 286.474).
RIGHT-OF-WAY. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to transportation purposes.
ROADSIDE STAND. A temporary operation established in accordance with local ordinance and operated in compliance with Public Act 92 of 2000, the Michigan Food Law, where an individual farmer may transport and sell fruits, vegetables or other agricultural products to the public.
ROOMING HOUSE. A dwelling in which more than 3 persons either individually or as families are housed or lodged for hire without meals.
SCADA TOWER (SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM). See MET TOWER.
SCREEN.
(1) A structure providing enclosure, such as a fence, and a visual barrier between the area enclosed and the adjacent property.
(2) A SCREEN may also be a non-structure consisting of shrubs, or other growing materials.
SECONDHAND MERCHANDISE, RETAIL SALES.
(1) Retail sales of previously used merchandise, such as clothing, household furnishings or appliances, and sports/recreational equipment.
(2) This classification does not include secondhand motor vehicles, parts, or accessories.
(3) See §§ 110.01 et seq.
SETBACK. The minimum distances that a building must be back from a lot line or right-of-way.
SHADOW FLICKER. An alternating change in light intensity which is caused by the moving blades of a wind turbine casting a shadow(s) on the ground and stationary objects such as windows of a dwelling.
SHOPPING CENTER.
(1) A group of commercial establishments, primarily retail uses, that are compatible with each other and are mutually supportive, in 1 or more buildings, on a site that is planned, developed, and managed as 1 operating unit, with common driveways, parking areas, identification signs, and other common facilities and services.
(2) See sign definitions § 150.191.
SITE BUILT. A structure constructed at the site but may include some pre-assembled parts.
SITE CONDOMINIUM. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.
SITE PLAN. The documents and drawings required by the zoning ordinance to insure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.
SITE PLAN REVIEW.
(1) A review by the Zoning Board 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.
(2) See §§ 150.270 et seq.
SMALL SOLAR ENERGY FACILITY. Accessory to a principal residential or small business use and converts sunlight into electricity by photovoltaics (PV) or experimental solar technologies. The sale and distribution of excess available energy shall be incidental and not the primary purpose of the facility. For ground-mounted facilities, the total area covered by solar arrays shall not exceed 10,000 square feet.
SMALL STRUCTURE-MOUNTED WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine (horizontal or vertical axis) and associated control or conversion electronics which has a rated capacity of not more than 5 kW and is intended to primarily reduce on-site consumption of utility power.
SMALL TOWER-MOUNTED ON-SITE WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine (horizontal or vertical axis), a tower, and associated control or conversion electronics which has a rated capacity of not more than 100 kW and is intended to primarily reduce on-site consumption of utility power.
SOUND PRESSURE. Average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.
SOUND PRESSURE LEVEL. The sound pressure mapped to a logarithmic scale and reported in decibels (dB).
SPAS/TANNING SALONS. Facility offering indoor tanning and/or physical fitness.
SPECIAL USE. Use of a parcel approved by the designated municipal body (planning commission or legislative body) in a manner that conforms to specific standards for that use in the zoning district in which the parcel is located.
SPECIALLY DESIGNATED DISTRIBUTOR’S ESTABLISHMENT. A specially designated distributor’s establishment is a retail establishment, consisting of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than 10% of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission to distribute alcoholic liquor, other than wine under 20% alcohol by volume, and beer, in the original package for consumption off the premises.
SPECIALLY DESIGNATED MERCHANT’S ESTABLISHMENT. A specially designated merchant’s establishment is a retail establishment consisting of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than 10% of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission to sell beer and/or wine for consumption off the premises.
STATE LICENSED RESIDENTIAL FACILITY. A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, as amended, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., or Child Care Organizations, as amended, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, and provides residential services for 6 or fewer persons under 24-hour supervision or care.
STORY. The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between any floor and the ceiling next above it.
STORY, ½. A story under the gable, hip, or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 2 feet above the floor of the story and the floor area shall not exceed 2/3 of the area of the floor below.
STREET/ROAD. A public thoroughfare, which affords the principal means of access to abutting property having a right-of-way not less than 66 feet in width and meeting the standards set forth by the Jackson County Road Commission.
STREET LINE.
(1) The dividing line between the street right-of-way and the lot.
(2) When the right-of-way is not definable, a line shall be defined as 33 feet on either side of the center of the street.
STRIP CENTER.
(1) An attached row of stores or service outlets managed as a coherent retail entity, with on-site parking usually located in front of the stores.
(2) Open canopies may connect the storefronts, but a STRIP CENTER does not have enclosed walkways linking the stores.
(3) A STRIP CENTER may be configured in a straight line, or have an “L” or “U” shape.
STRUCTURE. Anything artificially constructed, erected, or placed with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground, or constructed or placed below the surface of the ground, except fences, drives, paving, parking lots, and/or paved ramps.
TELECOMMUNICATION FACILITIES AND TOWERS.
(1) A telecommunication facility shall mean and include all structures and accessory facilities relating to the use of radio frequency spectrum for the purpose of transmitting or receiving radio signals.
(2) This may include, but shall not be limited to, communication services, (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), satellite dish facilities, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial radio service facilities, paging and similar services, which are licensed and marked to the general public, except preemptions as stated in the Federal Telecommunication Act of 1996, being 47 U.S.C. §§ 151 et seq.
(3) Not included in this definition are citizen band radio facilities, short wave receiving facilities, federally licensed amateur (ham) radio facilities, and government facilities that are subject to state or federal law or regulations which preempt municipal regulatory authority.
(4) Notwithstanding any language contained in this chapter to the contrary, and in particular the definition of essential services, TELECOMMUNICATION FACILITIES shall not be deemed essential services and shall be subject to and governed by the provisions of § 150.257.
(5) No facility may hereafter be constructed or erected without satisfying the requirements of § 150.257.
TELEPHONE SERVICE PROVIDER. A telephone service provider shall include wireless, non-wireless, digital, and analog services where a customer or subscriber’s lines are joined or connected to switching equipment of connecting customers or subscribers to each other.
TELEWORK CENTER.
(1) Satellite work facility incorporating sufficient technology to permit employees to reduce their commute trip or to work closer to home.
(2) The goal of the centers is to reduce the distance traveled in a commute trip by at least half the distance.
TEMPORARY FACILITIES. A building or structure not meeting the definition for a permanent building or structure, at which merchandise is sold, including the following:
(1) Retail stands;
(2) Tents;
(3) Canopies;
(4) Membrane structures.
TOURIST HOMES. Considered or construed to be multiple dwelling, motel, hotel, boarding or rooming house.
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.
UNDEVELOPED STATE.
(1) A natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or similar use or condition.
(2) Land in an undeveloped state does not include a golf course but may include a recreation trail, picnic area; children’s play area, greenway, or linear park.
(3) Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.
USGS. Denotes the United States Geological Survey, which is responsible for mapping and remapping of the continental United States and its territories.
UTILITY GRID/ LARGE SOLAR ENERGY FACILITY (SOLAR FARM). A utility-scale facility that converts sunlight into electricity by photovoltaics (PV) or experimental solar technologies. Any ground-mounted facility that covers more than 10,000 square feet is included in this definition.
UTILITY GRID/ LARGE WIND ENERGY FACILITY SYSTEM. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.
VARIANCE.
(1) A VARIANCE is a relaxation of the terms of this chapter where the variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
(2) As used in this chapter, a VARIANCE is authorized only for height, area, and size of yards and open spaces and parking space; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning division or districts.
VEHICLE REPAIR, MAJOR. Engine overhauling or rebuilding, valve and piston repair, transmission repair, axle and universal joint repair, body repair, painting and refinishing.
VEHICLE REPAIR, MINOR. Engine tune-ups; electrical systems, suspension systems, brakes, exhaust systems, cooling systems and heating and air conditioning systems repair; rust proofing; tire replacement; wheel balancing and alignment and diagnostic services.
VENDING. The act of offering merchandise for sale from a vehicle or from a fixed place in a tent, canopy or similar shelter, not including merchants offering merchandise for sale upon commercial premises permanently occupied by them. It is also the act of offering merchandise for immediate sale; sale by sample, description or otherwise for delivery or sale at a future time; or by going door to door, house to house, person to person, or car to car. It does not include the act of offering merchandise for wholesale to retailers or for resale to manufacturers for use in their process. Nor does it include regular route delivery persons delivering products.
WIND ENERGY FACILITY. A power generating facility consisting of 1 or more wind turbines, under common ownership or operation control, and includes substations, MET towers, cables/wires, and other buildings accessory to the facility, whose main purpose is to supply electricity to off-site customers.
WIND SITE ASSESSMENT. An assessment to determine the wind speeds at a specific site and the feasibility of using that site for the construction of a wind facility.
WIND TURBINE GENERATOR. A wind energy conversion system which converts wind energy into electricity. All components for a system shall be designed and built by licensed and regulated engineering and manufacturing firms and facilities to insure that the safety and structural integrity of the towers and generators meet the standards of the International Electrical Commission including a tower, pylon, or other structure, including all accessory facilities, upon which any, all, or some combination of the following are mounted:
(1) A wind vane, blade, or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind into electrical or mechanical energy.
(2) A shaft, gear, belt, or coupling device used to connect the rotor to a generator, alternator, or other electrical or energy-producing device.
(3) A generator, alternator, or other device used to convert the energy created by the rotation of the rotor into electrical or mechanical energy.
WIND TURBINE GENERATOR TOTAL HEIGHT.
(1) HORIZONTAL AXIS WIND TURBINE ROTORS. The distance between the ground and the highest point of the wind turbine generator, plus the length by which the rotor wind vanes or blades mounted on a horizontal axis wind turbine rotor exceeds the height of a wind turbine generator.
(2) VERTICAL AXIS WIND TURBINE. The distance between the ground and the highest point of the wind turbine generator including the top of the blade in its vertical position.
YARD, FRONT. An open, unoccupied space extending the full width of the lot and situated between the street line and the front line of the building.
YARD, REAR. An open, unoccupied space extending the full width of the lot and situated between the rear line of the lot and the rear line of the building.
YARD, SIDE. An open, unoccupied space on the same lot with the main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the 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 and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.
ZONING BOARD OF APPEALS (ZBA).
(1) The body required to consider appeals from administrative zoning decisions and other zoning actions.
(2) The ZBA is authorized to make adjustments in how zoning standards are applied.
ZONING CLASSIFICATION. The name given to types of zones such as single-family residential, rural residential, agricultural, regional shopping, neighborhood shopping, office, industrial, and the like.
ZONING JURISDICTION.
(1) The area encompassed by the legal boundaries of a city or village or to the area encompassed by the legal boundaries of a county or township outside the limits of incorporated cities and villages.
(2) The zoning jurisdiction of a county does not include the areas subject to township zoning by a township that has adopted a zoning ordinance under this act.
ZONING LOT. Provided that the owner(s) of any number of contiguous lots or contiguous portions of lots may have as many of said contiguous lots or contiguous portions of lots considered as a single lot for the purpose of this code as her or she so elects. In such case, the outside perimeter of said group of lots or portions of lots shall constitute the front, rear, and side lot lines thereof. This definition shall apply only to the siting of a utility grid, large solar energy facility (solar farm).
(Ord. -, Article IX, § 9, passed 9-12-2006; Am. Ord. passed - -; Am. Ord. passed - -; Am. Ord. passed 11-18-2014 ; Am. Ord. passed 1-12-2016; Am. Ord. 122, passed 5-9-2017; Am. Ord. passed 11-13-2018)