For the purpose of this chapter, the following rules of interpretation
shall apply to the text of this chapter:
A.
The particular shall control the general.
B.
In the case of any difference of meaning or implication between the
text of this chapter and any caption or illustration, the text shall
control.
C.
The word "shall" is always mandatory and not discretionary. The words
"may" or "should" are permissive and discretionary.
D.
Words used in the present tense shall include the future. Words used
in the singular shall include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
E.
A "building" or "structure" includes any part thereof.
F.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," or "occupied for."
G.
The word "person" includes an individual, a corporation, a partnership,
a public utility, a firm, an incorporated association, or any other
similar entity.
H.
Unless the context clearly indicates the contrary, or a regulation
involves two or more items, conditions, provision, or events connected
by the conjunction "and," "or," or "either . . . or," the
conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions,
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, or provisions,
or events may apply singly or in any combination.
(3)
"Either . . . or" indicates that the connected items,
conditions, or provisions, or events may apply singly or in any combination.
I.
Terms not herein defined shall have the meaning customarily assigned
to them, with reference made to the latest edition of Merriam-Webster's
Collegiate Dictionary.
For the purpose of this chapter, the terms and words herein
are defined as follows:
A use, building or structure which is clearly incidental
to, customarily found in connection with, subordinate to, and is located
on the same lot as the principal use to which it is exclusively related;
also, sleeping cottages on summer resort property, farm outhouses,
stables, barns or other buildings located upon lands being used for
farming or truck gardening and for the purpose of carrying on such
business upon the premises.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals distinguished
or characterized by their emphasis on material depicting, describing
or relating to specified sexual activities or specified anatomical
areas or an establishment with a segment or section devoted to the
sale or display of such material.
A facility that provides daytime care for any part of a day
but less than twenty-four-hour care for functionally impaired adult
persons provided through a structured program of social and rehabilitative
or maintenance services in a supportive group setting other than the
client's home. Such facilities are not licensed; however, those receiving
funds through an area agency on aging must comply with adult day-care
standards promulgated by the Michigan Office of Services to the Aging.
See "state licensed residential facility."
Any commercial or recreational establishment which at all
times excludes minors by virtue of age, including adult bookstores,
adult motion-picture theaters, adult mini-motion-picture theaters,
adult drive-in theaters, adult massage parlors, adult modeling studios,
and eating and drinking places with sexually oriented entertainment.
A use of any land or building used for a purpose of producing
grain, fruit, nursery stock, dairy products, vegetables, livestock
or fowl or other crops and animal husbandry.
A public way which affords only a secondary means of access
to abutting property and is not intended for general traffic circulation.
Neither the Township, nor the Road Department, is responsible for
maintaining the alley way.
Any change, addition or modification in construction or type
of occupancy; any change in the structural members of a building,
such as wall, partitions, stairways, columns, beams, girders; any
change in the width or number of exits; any substantial changes in
the roof or exterior walls; any change in the location of a building;
any change in the number of off-street parking or loading area or
means of egress and ingress to the site; or any change which may be
referred to herein as "altered" or "reconstructed" or "change of use."
See "clinic, veterinary."
An equivalency unit used to measure the impact of livestock
on land uses and natural features.
Any domesticated animal which is not livestock and the ownership
of which is not prohibited by law. No animal or fowl shall be kept
or maintained which is dangerous and a threat to public health, safety
or welfare except as authorized by MCLA § 287.321 et seq.
Any exterior transmitting or receiving device mounted on
a tower, building, or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunication
signals, or other communication signals.
See "dwelling, multiple-family."
A request or demand for a hearing or review of facts and/or
actions in connection with the public enforcement of this chapter.
Architectural features of a building, including cornices,
eaves, gutters, sills, lintels, bay windows, chimneys and decorative
ornaments.
Unless specifically indicated otherwise, "automobile" shall
mean any vehicle, including cars, trucks, vans, motorcycles, and the
like.
A place used for the retail sale and dispensing of fuel or
lubricants, either full or self service, together with the fixed equipment
from which the fuel is dispensed directly into motor vehicles. Automobile
fueling stations may also incorporate a convenience store operation
fueling station use.
Major or minor repair of automobiles defined as follows:
MINOR REPAIREngine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing the automobiles on the premises overnight.
MAJOR REPAIREngine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rustproofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing the automobiles on the premises overnight.
A premise primarily used for general automobile repair wholly
within enclosed buildings, including engine or transmission building;
rebuilding or reconditioning of motor vehicles; collision service
such as body, frame, or fender straightening and repair, overall vehicle
painting or rustproofing; and other related activities.
A building or structure designed or used for the retail sale
of fuel (stored only in underground tanks), lubricants, air, water
coolants and other operating commodities for motor vehicles or which
may include retail sale of tires, batteries, and similar accessories
and the making of minor repairs to vehicles or parts thereof totally
enclosed within a building and that do not normally require storing
such vehicles on the premises overnight. An automotive service station
shall not include bumping, painting, refinishing, major repairs and
overhauling, steam cleaning, rustproofing, high-volume of motor vehicle
washing or sales of new or used cars, trucks, motorcycles or other
land vehicles.
An activity or building, or portion thereof, the primary
purpose of which is that of washing motor vehicles, either with self-service
mechanisms or with the use of an automated system.
An establishment licensed by the State of Michigan to sell
at retail and serve alcoholic beverages on the premises where more
than 30% of the gross floor area is made up of a bar, being a barrier
or counter at which any alcoholic beverages are sold or served to
and consumed by customer, and also including areas dedicated for the
use of stages, dance floors, standing-room areas, pool tables, and
similar mechanical amusement devices.
That portion of a building wholly or partly below grade,
but so constructed that the vertical distance from the average grade
to the basement floor is greater than the vertical distance from the
average grade to the basement ceiling.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation by the owners and
residents therein, said facilities may include meal service and shall
extend for not more than 14 consecutive days.
Any private room in a dwelling unit suitable for regular
use for sleeping purposes. Bedrooms include rooms designated on development
floor plans as dens, studies, or libraries but exclude living rooms,
family rooms, dining rooms, kitchens, bathrooms, laundry rooms, and
mud rooms. Any room designated as other than a bedroom but which in
the judgment of the Township Planning Commission would normally be
usable for sleeping purposes shall be considered a bedroom.
See "landscaping."
A sign directing attention to a use, activity or product
not located, sold, manufactured or processed on the premises on which
the sign is located.
The property bounded by a street or by a combination of streets
and public lands, rights-of-way, rivers or streams, boundary lines
of the Township, or any other barrier to the continuity of development.
The Township of Buchanan Zoning Board of Appeals, created
pursuant to the provisions of the Michigan Zoning Enabling Act, Act
110 of 2006, MCLA § 25.3101 et seq., as amended.
See "recreational vehicle."
Facility to launch and retrieve recreational boats from a
trailer.
A strip of land often required between certain zoning districts
or land uses reserved for plant material, berms, walls, or fencing
to serve as a visual barrier.
The area of a lot that is defined by the minimum setback
requirements within which building construction is permitted by the
terms of this chapter.
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As defined in the current edition of the adopted Building
Code, "building" means a combination of materials, whether portable
or fixed, forming a structure affording a facility or shelter for
use or occupancy by persons, animals, or property.
The building code as currently enforced pursuant to the State
of Michigan.
The vertical distance measured from the average ground level
at the front building line to the highest point of the roof surface
in the case of a flat roof; to the deck line of mansard roofs; to
the mean height level between the eaves and ridge of gable, studio
hip and gambrel roofs; and 75% of the height of an "A" frame.
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BUILDING HEIGHT
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The Building Inspector as authorized by the Township of Buchanan
and as registered under the Skilled Trades Regulation Act, MCLA § 339.6001
et seq., Building Officials and Inspectors, qualified by experience
or training to perform the duties associated with construction code
administration and enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A line parallel to the front lot line that separates all
parts of a building from the open spaces adjacent thereto on the same
lot. For the purposes of this chapter, a minimum building line is
the same as a required setback line.
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The written authority issued by the Building Inspector permitting
the construction, removal, moving, alteration, or use of a building
in conformity with the provisions of this chapter.
See "accessory use, building or structure."
A building separated on all sides from the adjacent open
space or from other buildings or structures by a permanent roof and
exterior walls having only window and normal entrance or exit doors.
A building or group of buildings in which is conducted the
main or principal use of the lot on which the building is situated.
(See "building, accessory" and "use, principal.")
A building which is not permanently affixed to the property
and is permitted to exist for a specific reason for a specific period
of time. An example of a temporary building is a trailer used on a
construction site.
Concrete or cement cast units located at one end of each
parking space, designed to protect buildings, walls, fences, sidewalks
or landscaping from damage by vehicles.
A recreational unit designed to be mounted on a pickup or
truck chassis, with sufficient equipment to render it suitable for
use as a temporary lodging for travel, recreational, and vacation
uses.
Land used for the burial of the dead, including columbariums,
crematories, and mausoleums.
A certificate issued by the Building Inspector when the work
covered by a building and/or zoning permit has been completed in accordance
with the permit, the building and zoning codes, and other applicable
laws and ordinances. (See also MCLA § 125.1513, Certificate
of use and occupancy, necessity, issuance, contents, applications,
inspections, temporary certificates.)
An establishment where more than 12 children, not related
by bonds of blood, marriage or adoption to the family residing on
the same premises, are cared for in return for remuneration. Such
child-care centers need not have a resident family on the premises.
A child-care center may also sometimes be referred to as a "nursery,"
"day nursery," "day-care center," or "nursery school."
A child-care facility that is organized for the purposes
of receiving minor children for care, maintenance, and supervision,
usually on a twenty-four-hour basis, in buildings maintained by the
child-caring institution for that purpose, and operates throughout
the year. An educational program may be provided, but the educational
program shall not be the primary purpose of the facility. A child-caring
institution may include a maternity home for the care of unmarried
mothers who are minors and it includes an agency group home, which
is described as a small child-caring institution owned, leased, or
rented by a licensed agency providing care for more than four but
fewer than 13 minor children. A child-caring institution may also
include institutions for mentally impaired or emotionally disturbed
minor children. "Child-caring institution" does not include a hospital,
nursing home, or home for the aged licensed under Article 17 of the
Public Health Code, 1978 PA 368, MCLA §§ 333.20101
to 333.22260; a boarding school licensed under Section 1335 of the
Revised School Code, 1976 PA 451, MCLA § 380.1335; a hospital
or facility operated by the state or licensed under the Mental Health
Code, 1974 PA 258, MCLA §§ 330.1001 to 330.2106; or
an adult foster care family home or an adult foster care small group
home licensed under the Adult Foster Care Facility Licensing Act,
1979 PA 218, MCLA §§ 400.701 to 400.737, in which a
child has been placed under Section 5(6).
Any structure wherein persons regularly assemble for religious
activities, including customary ancillary or accessory uses and activities.
An enclosed building consisting of individual, self-contained
rooms that are leased to individuals, organizations or businesses
for climate-controlled storage regulating both temperature and humidity.
[Added 12-19-2019 by Ord. No. 118-2019]
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by a group of
physicians, dentists, or similar professionals. A medical clinic may
incorporate customary laboratories and pharmacies incidental to or
necessary for its operation or to the service of its patients, but
may not include facilities for overnight patient care or major surgery.
A place for the care, diagnosis, and treatment of sick or
injured animals, and those in need of medical or minor surgical attention.
A veterinary clinic may include customary pens or cages enclosed within
the walls of the clinic building.
A nonprofit association of persons who are bona fide members
paying dues which owns or leases the premises, the use of which is
restricted to members and their guests. The facilities owned or used
by such organization may be referred to as a "club" or "lodge" in
this chapter.
Any establishment providing physical culture or health services,
including health clubs, racquetball or tennis clubs, or tanning salons.
A group of buildings or dwellings built close together to
form relatively compact units on a sizeable tract in order to preserve
open spaces and environmentally sensitive areas larger than the individual
yards for common recreation.
See, within the definition of "street," "collector street."
A business development under single ownership consisting
of two or more retail or service outlets characterized by common architecture,
a pedestrian and vehicle circulation system, and off-street parking.
A system of separate ownership of individual units and/or
multiple unit projects according to Public Act 59 of 1978, as amended.
In addition to the interest acquired in a particular unit, each unit
owner is also a tenant in common in the underlying fee and in the
spaces and building parts used in common by all the unit owners.
CONDOMINIUM ACTState of Michigan Public Act 59 of 1978, MCLA § 559.101 et seq., as amended.
CONDOMINIUM UNIT SITE (i.e., SITE CONDOMINIUM LOT)The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium site shall become a limited common element. The term "condominium unit site" shall be equivalent to the term "lot" for purposes of determining compliance of a site condominium subdivision with the provisions of this chapter pertaining to minimum lot size, minimum lot width, minimum lot coverage, and maximum floor area ratio.
CONDOMINIUM SUBDIVISION PLANDrawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Public Act 59 of 1978, MCLA § 559.166, as amended.
CONDOMINIUM, CONTRACTIBLEA condominium project from which any portion of the submitted land or building may be withdrawn pursuant to express provisions in the condominium documents.
CONDOMINIUM, CONVERSIONA condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.
CONDOMINIUM, CONVERTIBLE AREAA unit or portion of the common elements of the condominium project referred in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.
CONDOMINIUM, EXPANDABLEA condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
CONDOMINIUM, GENERAL COMMON ELEMENTThe common elements other than the limited common elements intended for the common use of all of the co-owners.
CONDOMINIUM, LIMITED COMMON ELEMENTA portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
CONDOMINIUM, SITE CONDOMINIUM PROJECTA condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this chapter.
The portion of the condominium project designed and intended
for separate ownership as described in the master deed, regardless
of whether it is intended for residential, office, industrial, business,
recreational, time-share unit, or any other type of use.
To build, erect, alter, repair, or remodel any building,
structure, or dwelling.
An unenclosed portion of the lot or parcel upon which a construction
or similar contractor stores and maintains construction equipment,
machinery, and other items customarily used in the trade carried on
by the contractor.
See "lot, corner."
See within the definition of "street," "cul-de-sac."
The entrance to or exit from a property, provided for vehicular
traffic to or from a public or private thoroughfare.
The level of the established curb in front of the building
measured at the entrance of such front. Where no curb has been established,
the County or Township Engineer shall establish such curb level or
its equivalent for the purpose of this chapter.
See "child-care center," "group day-care home," "family day-care
home," and "state licensed residential facility."
An open, horizontal platform attached to the rear or side
of the principal structure and that is used for outdoor leisure or
recreational activities. The platform shall not be enclosed by a roof
or walls or other screened or framed enclosure.
The number of dwelling units situated on or to be developed
per acre of land.
The number of dwelling units situated on or to be developed
per acre of land, excluding areas where the use is prohibited by this
chapter, local, county, state or federal law. Such areas include public
rights-of-way, regulated wetlands, and riparian or lacustrine areas.
A facility designed for holding stormwater runoff for a short
period of time and then releasing it to the natural watercourse where
it returns to the hydrologic cycle.
The construction of a new building or other structure on
a zoning lot, the relocation of an existing building on another zoning
lot, or the use of open land for a new use.
A portion of the Township of Buchanan within which, on a
uniform basis, certain uses of land and/or buildings are permitted
and within which certain regulations and requirements apply under
the provisions of this chapter.
A fixed or floating structure, including moorings, operated
by a nonprofit organization, campground, RV park, government entity,
neighborhood lake association, or other similar organization, used
for the purpose of berthing buoyant vessels to members or patrons
and not the general public. A community dock may include a boat livery,
boat yard, or pier.
A fixed or floating structure, including moorings, that may
be accessory to a private residence on the same parcel and used for
the purpose of berthing buoyant vessels.
Existing permanent or intermittent watercourses.
A business establishment so developed that its principal
retail or service character is dependent on providing a driveway approach
or parking spaces for motor vehicles so as to serve patrons while
in the motor vehicles. Examples include, but are not limited to, restaurants,
cleaners, banks, and theaters.
A business establishment so developed that its principal
retail or service character is dependent on providing a driveway approach
or parking spaces for motor vehicles to service patrons from a window
or booth while in their motor vehicles, rather than within a building
or structure, so that consumption off-premises may be facilitated.
A container used for the temporary storage of rubbish, pending
collection, having a capacity of at least two cubic yards.
See "dwelling, two-family or duplex."
A building or portion thereof, containing sleeping, kitchen,
and bathroom facilities designed for and occupied by one family, excluding
hotels, motels, and tourists' homes. In no case shall a travel trailer,
motor home, automobile, tent or other portable building defined as
a recreational vehicle be considered a dwelling.
One or more rooms, along with bathroom and kitchen facilities,
designed as a self-contained unit for occupancy by one family for
living, cooking, and sleeping purposes.
An attached single-family dwelling unit with party walls,
designed as part of a series of three or more dwellings, with its
own front door which opens to the outdoors at ground level, and typically
with its own basement utility connections, and front and rear yards.
Townhouses are also commonly known as row houses.
A building or portion of a building designed for long-term residential
use and characterized by all of the following:
The structure is produced in a factory in accordance with the
National Manufactured Housing Construction and Safety Standards Act,
as amended; and
The structure is designed to be transported to the site in a
nearly complete form, where it is placed on a foundation and connected
to utilities; and
The structure is designed to be used as either an independent
building or as a module to be combined with other elements to form
a complete building on a site.
Also refer to "dwelling, one-family or single family."
A structure, transportable in one or more sections, which
is built upon a chassis and designed to be used as a dwelling with
a permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained in the structure. Recreational vehicles as described
and regulated herein shall not be considered "mobile homes" for the
purposes of this chapter. A mobile home is a type of manufactured
housing. Also see "dwelling, one-family or single-family."
A building designed for and occupied by three or more families
living independently with separate housekeeping, cooking, and bathroom
facilities for each. Multiple-family dwelling units include the following:
APARTMENTAn apartment is an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly accessed via a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often have a central heating system and other central utility connections and common yard space.
EFFICIENCY UNITAn efficiency unit is a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.
A detached building containing not more than one dwelling
unit designed for residential use, designed exclusively to be occupied
by one family living independently, with separate housekeeping, cooking,
and bathroom facilities.
A detached building, designed exclusively to be occupied
by two families living independently of each other, with separate
housekeeping, cooking, and bathroom facilities for each.
Any private or dedicated public way that provides a means
of access to property. The term "easement" may also refer to utility
easements which give public or private utility companies the right
to use land for the construction and maintenance of utilities.
See "dwelling, multiple-family."
Built, constructed, reconstructed, moved upon, or any physical
operations on the premises required for the building. Excavations,
fill, drainage, and the like, shall be considered a part of erection.
The erection, construction, alteration or maintenance by
public or quasi-public utilities or municipal departments or Township-certified
cable television companies of underground, surface or overhead gas,
steam, electrical, fuel or water systems for the purposes of transmission,
distribution, collection, communication, supply, or disposal; including
towers, poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm and police call boxes, traffic signals, hydrants and similar
equipment, which are necessary for the furnishing of adequate service
by such utilities or municipal departments for the general health,
safety, and welfare of the public. Essential services shall not include
storage yards, sales or business offices, or commercial buildings
or activities.
[Amended 4-25-2024 by Ord. No. 128-2024]
An accessory use for the purpose of private social events
not open to the general public, including, but not limited to; weddings,
wedding rehearsals, or wedding parties, with or without live entertainment,
where food and drink may be consumed on-site, but which provides no
overnight accommodations.
[Added 12-3-2020 by Ord. No. 121-2020]
The removal of sand, stone, gravel, or fill dirt below the
average grade of the surrounding land and/or road grade, whichever
shall be the highest, excluding common household gardening and ground
care.
An individual or group of two or more persons related by blood,
marriage or adoption, together with foster children or servants of
the principal occupants, with not more than one additional unrelated
person, who are domiciled together as a single, domestic, housekeeping
unit in a dwelling unit; or
A collective number of individuals living together in one dwelling
unit, whose relationship is of a continuing, nontransient, domestic
character, and who are cooking and living as a single, nonprofit housekeeping
unit. This definition shall not include any society, club, fraternity,
sorority, association, lodge, organization or group of students or
other individuals whose domestic relationship is of a transitory or
seasonal nature or for an anticipated limited duration of a school
term or terms or other similar determinable period.
A private home in which more than one but fewer than seven
minor children are received for care and supervision for periods of
less than 24 hours a day, unattended by a parent or legal guardian,
except children related to an adult member of the family by blood,
marriage, or adoption. A family day-care home includes a home in which
care is given to an unrelated minor child for more than four weeks
during a calendar year.
All of the contiguous neighboring or associated land operated
as a single unit for agricultural use, as defined herein, by the owner-operator,
manager, or tenant farmer, by his own labor or with the assistance
of members of his household or hired employees; also including establishments
operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries,
poultry farms, and apiaries.
A structure of definite height and location intended to serve
as a physical barrier to property ingress or egress, a screen from
objectionable vista or noise, a marker, an enclosure in carrying out
the requirements of this chapter, or for decorative use.
The deposit or dumping of any matter onto or into the ground,
except for common household gardening, farming, and general ground
care.
An establishment for the custody, loan, exchange, or issue
of money, for the extension of credit, and for facilitating the transmission
of funds by drafts or bills of exchange.
A general and temporary condition of partial or complete
inundation of normally dry areas from the overflow of inland or tidal
waters or the unusual and rapid accumulation of runoff of surface
waters from any source.
FLOOD HAZARD AREALand which 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 the community, issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard areas have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM)An Official Map of a community, issued by the Federal Emergency Management Agency (FEMA), which has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDYThe official report provided by the Federal Emergency Management Agency (FEMA). The report contains flood profiles, as well as the Flood Hazard Boundary-Floodway Map, and the water surface elevation of the base flood.
FLOODING, AREA OF SHALLOWA designated area or zone on the 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.
FLOODING, ORDINARY HIGH-WATER MARKSee "high-water mark, ordinary."
FLOODPLAINAny land area susceptible to being inundated by water from any source. See "flood or flooding."
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study which must be reserved in order to discharge the base flood.
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FLOODWAY, FLOODPLAIN AND FLOOD FRINGE
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The area of a building defined as follows.
FLOOR AREA, GROSSThe total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
FLOOR AREA, NETSee "floor area, usable residential" and "floor area, usable nonresidential."
FLOOR AREA, USABLE RESIDENTIALThe gross floor area minus areas in unfinished basements or attics, attached garages, and enclosed or unenclosed porches.
FLOOR AREA, USABLE NONRESIDENTIALThe sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which is used for or intended to be used for the storage or processing of merchandise, or for utilities, shall be excluded from the computations of usable nonresidential floor area.
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See "state licensed residential facility."
See, within the definition of "lot lines," "front lot line."
See, within the definition of "yard," "yard, front."
See "automobile fueling station."
An accessory building used or designed to be used primarily
for the storage of motor vehicles, boats, or trailers owned and used
by the occupants of the building to which it is accessory. A private
garage may be either attached to or detached from the principal structure.
Private garages shall not have public repair facilities.
Any building or premise, other than junkyard, where more
than one motor vehicle is stored for compensation. A building or portion
thereof, other than a private or storage garage, designed or used
for equipping, repairing, hiring, servicing, selling or storing vehicles.
See "automobile repair garage."
All waste, animal, fish, fowl, or vegetable matter incident
to the preparation, use, and storage of food for human consumption,
including spoiled food.
An establishment with retail sales of trees, fruits, vegetables,
shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn
furniture, playground equipment, and other home garden supplies, landscaping
materials, and equipment.
See "automobile fueling station" and "automobile service
station."
The premises upon which the game of golf is played, including
clubhouses, parking lots, swimming pools, tennis courts, or other
facilities or uses customarily incidental to a golf course or country
club.
An area or parcel of land which includes golf tee areas and
associated facilities, the purpose of which is to practice golf shots.
The arithmetic average of the lowest and highest grade elevations
of a lot or parcel.
The lowest point of elevation between the exterior wall of
the structure and a line five feet from the exterior wall of the structure.
See "landscaping."
A private home in which more than six but not more than 12
minor children are given care and supervision for periods of less
than 24 hours a day unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage,
or adoption. A group day-care home includes a home in which care is
given to an unrelated minor child for more than four weeks during
a calendar year.
See "state licensed residential facility."
A structure that is accessory to a single-family residence,
which is used for guest accommodation.
A room or building equipped for gymnastics, exercise, or
sport.
Any chemical or other material which, by virtue of its inherent
properties and not solely by the manner in which it is used, has the
potential to be injurious to the public health, safety, and welfare
even in small quantities.
See "building height."
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 of the soil, and the vegetation.
On an inland lake that has a level established by law, it means the
high established level. Where water returns to its natural level as
the result of the permanent removal or abandonment of a dam, it means
the natural ordinary high-water mark (as defined in MCLA § 324.30101(i),
Michigan Natural Resources and Environmental Protection Act, Part
301, Inland Lakes and Streams).
See "street."
Any occupation conducted within a dwelling unit and carried
on by the inhabitants thereof. Home occupations shall be clearly incidental
and secondary to the use of the dwelling for living purposes, shall
not change the character thereof, and shall not endanger the health,
safety, and welfare of any other persons residing in that area by
reason of noise, noxious odors, unsanitary or unsightly conditions,
fire hazards and the like, involved in or resulting from such occupation,
professions or hobby.
An institution which is licensed by the Michigan Department
of Health to provide in-patient and out-patient medical and major
surgical services for the sick and injured, and which may include
such related facilities as laboratories, medical testing services,
central service facilities, and staff offices.
See "clinic, veterinary."
An institution other than a hospital or hotel, which provides
room and board to nontransient persons primarily 55 years of age and
older. Housing for the elderly may include:
SENIOR APARTMENTSMultiple-family dwelling units occupied by persons 55 years of age or older.
ELDERLY HOUSING COMPLEXA building or group of buildings containing dwellings where the occupancy is restricted to persons 55 or older or couples where either the husband or wife is 55 years of age or older.
CONGREGATE OR INTERIM CARE HOUSINGA semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.
DEPENDENT HOUSING FACILITIESFacilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.
As used in this chapter, "ingress and egress" generally is
used in reference to a driveway which allows vehicles to enter or
leave a parcel of property, or to a sidewalk or entranceway which
allows pedestrians to enter or leave a parcel of property, a building,
or another location.
Any motor vehicles, machinery, appliances, products or merchandise
with parts missing, or other scrap materials that are damaged, deteriorated,
or are in a condition which prevents their use for the purpose for
which the product was manufactured. This definition shall not apply
to farm implements, machinery and equipment utilized for permitted
agricultural operations.
An area where waste and used or secondhand materials are
bought and sold, exchanged, stored, baled, packed, disassembled, or
handled, including, but not limited to: junk, scrap iron, metals,
paper, rags, tires, bottles and automobiles.
Any lot or premises on which six or more animals (combination
of all: dogs, cats, or other domestic animals six months or older)
are kept, either permanently or temporarily, either for sale, breeding,
boarding, training, hobby, protection, or grooming, and may offer
provisions for minor medical treatment, including animal shelters.
This does not include livestock kept as part of an agricultural operation,
or a stable, in the agricultural zoning district.
Any body of water, natural or artificial, defined as "inland
lake or stream" in the Inland Lake and Stream Act of 1972, P.A. 451
of 1994 (MCLA § 324.30101 et seq.) as amended.
The partitioning or splitting of a parcel or tract of land
by the proprietor thereof or by his or her heirs, executors, administrators,
legal representatives, successors, or assigns for the purpose of sale,
or lease of more than one year, or of building development that results
in one or more parcels of less than 40 acres or the equivalent, and
that satisfies the requirements of Sections 108 and 109 of the Land
Division Act, P.A. 288 of 1967 (MCLA § 560.101 et seq.)
as amended.
Any land area used for disposal, tract of land, unit or appurtenance
or combination thereof that is used to collect, store, handle, dispose
of, bury, cover over, or otherwise accept or retain refuse as herein
defined. All landfills shall be licensed in accordance with state
and federal laws.
The treatment of the ground surface with live plant materials
such as, but not limited to, grass, ground cover, trees, shrubs, vines,
and other live plant material. In addition, a landscape design may
include other decorative man-made materials, such as wood chips, crushed
stone, boulders, or mulch. Structural features such as fountains,
pools, statues, and benches shall also be considered a part of landscaping,
but only if provided in combination with live plant material. Artificial
plant materials shall not be counted toward meeting the requirements
for landscaping. Various landscaping-related terms are defined as
follows:
BERMA continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this chapter.
GREENWAYA strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this chapter.
GROUND COVERLow-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.
HEDGEA row of closely planted shrubs or low-growing trees which form a continuous visual screen, boundary, or fence.
SCREEN or SCREENINGA wall, wood fence, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.
SHRUBA self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.
SODA piece from the surface of grassland containing the grass support soil, and the healthy roots extracted with the intention of replanting in another area for the purpose of establishing lawn areas. Sod is grown on mineral soil (commonly referred to as "topsoil") or peat, and must be a minimum of two years old. The grasses permitted for use in sod for landscaped lawns should be a blend that reflects the current standards in the industry and has been demonstrated to prosper under local conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
TREEA self-supporting woody, deciduous or evergreen plant with a well-defined central stem which normally grows to a mature height of 15 feet or more in Berrien County, Michigan.
DECIDUOUS TREEA variety of tree that has foliage that is shed at the end of the growing season.
EVERGREEN TREEA variety of tree that has foliage that persists and remains green throughout the year.
ORNAMENTAL TREEA deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of about 25 feet or less.
SHADE TREEFor the purposes of this chapter, a shade tree is a deciduous tree which has a mature crown spread of 15 feet or greater and has a trunk with at least five feet of clear stem at maturity.
Includes, but not be limited to, horses/equine, cattle, sheep,
goats, swine, llamas, fowl, alternative livestock kept or raised on
a farm as regulated by the Michigan Department of Agriculture in accord
with Generally Accepted Agricultural Management Practices (GAAMP).
An off-street space of definite size and dimensions in accordance
with the requirements of this chapter, which is safely and conveniently
located on the same lot as the building or buildings being served,
for the temporary parking of delivery vehicles while loading and unloading
merchandise and materials.
See STREET, LOCAL OR MINOR STREET.
A lot is defined as a piece of land under one ownership and
control that is at least sufficient in size to meet the minimum requirements
for use, coverage, area, setbacks, and open space as required herein.
A lot shall have frontage on a roadway dedicated to the public and
certified for maintenance by a public agency, or, if permitted by
the regulations set forth herein, on a private road. A lot may consist
of:
The net lot area plus the area of any public right-of-way
or private road easement, or the area of any lake or wetlands area
within the legal description of the lot.
The total horizontal area within the lot lines of a lot,
exclusive of any abutting public street right-of-way or private road
easements, or the area of any lake or wetlands area.
The part or percent of the lot that is occupied by buildings
or structures.
The horizontal distance between the front lot line and rear
lot line, measured along the median between the side lot lines.
The lines bounding a lot as follows:
FRONT LOT LINEThe front lot line shall mean the line separating the lot from an abutting street right-of-way. In the case of a corner lot there may be more than one front lot line.
REAR LOT LINEOrdinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet in length, lying farthest from the front lot line and wholly within the lot. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.
SIDE LOT LINEAny lot line other than the front or rear lot lines. On a corner lot the side lot line shall be opposite either frontage, but there shall be only one side lot line.
A parcel of land, the dimensions and configuration of which
are shown on a subdivision plat recorded in the offices of the Berrien
County Register of Deeds, or a lot or parcel described by metes and
bounds, and accuracy of which is attested to by a land surveyor (registered
and licensed in the State of Michigan) and likewise so recorded with
the Berrien County Register of Deeds, legally established under the
zoning regulations in effect at the time of its recording.
The dividing or unifying of lots by virtue of changes in the deeds in the office of the Berrien County Register of Deeds and/or the Township Treasurer. The division of lots shall take place in accordance with the Land Division Act, P.A. 288 of 1967 (MCLA § 560.101 et seq.) as amended, and Chapter 142, Land Division, of the Township of Buchanan Code.
The straight line distance between the side lot lines, measured
at the two points where the building line intersects the side lot
lines.
Lots adjoining each other.
A lot abutting two or more streets at their intersection.
See also, within the definition of "yard," "yard, front."
A lot having a frontage on two streets and is not a corner
lot.
Any lot other than a corner lot with only one lot line fronting
on a street.
Any private street designed to provide access from a pubic
street or road to a mobile home park, apartment or condominium complex,
or other private property development.
See, within the definition of "street," "street, major.
See "dwelling, manufactured."
This term shall have the meaning given to it in the Michigan
Public Health Code, 1978 PA 368, MCLA § 333.7106, as is
referred to in Section 3(d) of the Michigan Medical Marihuana Act,
PA 2008, Initiated Law 1, MCLA § 333.26423(e).
A roof-like structure of a permanent nature, projecting from
the wall of a building.
A commercial establishment which for a fee provides for the
manipulation or rubbing of body parts, except manipulation of body
parts for remedial purposes performed by state-licensed practitioners
with the minimal qualifications of a physical therapist.
A document which is prepared under the guidance of the Township
of Buchanan Planning Commission and consists of graphic and written
materials which indicate the general location for streets, parks,
schools, public buildings and all physical development of the Township.
The acquisition, possession, cultivation, manufacture, use,
internal possession, delivery, transfer, or transportation of marihuana
or paraphernalia relating to the administration of marihuana to treat
or alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical condition,
as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated
Law 1, MCLA § 333.26423(e).
All operations involving excavation, removal, deposit or relocation of sand, gravel, topsoil, clay, marl, other materials and similar materials and fill materials that involve an amount of such earth solids in excess of 400 cubic yards per year as regulated in § 300-18.30 of this chapter.
See, within the definition of "street," "local or minor street."
See "dwelling, mobile home."
An area within a mobile home park which is designated for
the exclusive use of the occupants of a specific mobile home.
A parcel or tract of land under the control of a person upon
which three or more mobile homes are located on a continual nonrecreational
basis and which is offered to the public for that purpose regardless
of whether a charge is made, together with any building, structure,
enclosure, street, equipment, or facility used or intended for use
as a temporary park, subject to conditions set forth in the Mobile
Home Commission Rules and Act 96 of the Public Acts of 1987 (MCLA
§ 125.2301 et seq.), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A motorized vehicular unit primarily designed for travel
and/or recreational usage, which may also contain facilities for overnight
lodging. This term does not apply to mobile homes.
Natural features shall include soils, wetlands, floodplains,
water bodies and channels, topography, trees and other types of vegetative
cover, and geologic formations.
A building or portion thereof that was lawfully in existence
at the effective date of this chapter, or amendments thereto, and
which does not now conform to the minimum building height, area, setback,
lot coverage or other provision of this chapter pertaining to buildings
in the zoning district in which it is located.
A lot which was lawfully in existence at the effective date
of this chapter, or amendments thereto, and which does not now conform
to the lot size, lot width, or other provisions of this chapter pertaining
to lots in the zoning district in which it is located.
A use which was lawfully in existence at the effective date
of this chapter, or amendment thereto, and which does not now conform
to the use regulations of this chapter for the zoning district in
which it is now located.
Any structure, lot, or use of any lot, land or structure,
which does not conform at the time of adoption of this chapter or
any amendment thereto, to the regulations for the district in which
it is located.
Any offensive, annoying, or disturbing practice or object
which prevents the free use of one's property or which renders its
ordinary use or physical occupation uncomfortable. Nuisance commonly
involves continuous or recurrent acts which give offense to the senses,
violate the laws of decency, obstruct reasonable and comfortable use
of property, endanger life and health, or the generation of an excessive
or concentrated movement of people or things such as:
Noise;
Dust;,
Smoke;
Odor;
Glare;
Fumes;
Flashes;
Vibration;
Shock waves;
Heat;
Electronic or atomic radiation;
Objectionable effluent;
Noise of congregation of people, particularly at night;
Passenger traffic; or
Invasion of non-abutting street frontage by traffic.
See "child-care center."
A space, building, and/or structure, or combination thereof,
where live trees, shrubs, and other plants used for gardening and
landscaping are propagated, stored, and/or offered for sale on the
premises. Also see "open-air business" and "roadside stand."
A home for the care of the aged, infirmed, or those suffering
from bodily disorders, wherein two or more persons are housed or lodged
and furnished with nursing care. Such facilities are licensed in accordance
with Michigan Act 368 of 1978 (MCLA § 333.21701 et seq.),
as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Anything causing a nuisance.
A discontinuance of an existing use and the substitution
of a use of a different kind or class, or the expansion of a use.
Used in any way at the time in question.
See "parking space" and "parking lot, off-street."
Lands devoted to outdoor recreation space, greenery, and
resource protection. Developed open spaces may include, but are not
limited to, playground fixtures, shelters, and tennis courts.
An unoccupied area within a planned unit development which
is reserved primarily for the leisure and recreational use of all
the planned unit development residents, owners, and occupants, and
generally owned and maintained in common by them, often through a
home owners' or property owners' association. Open space may include
septic systems (excluding open lagoons) and utility easements.
Any primarily undeveloped land intended for passive recreational
pursuits, within the jurisdiction and control of a governmental agency.
Any outdoor storage of building materials, sand, gravel,
stone, lumber, equipment, or other supplies.
A business establishment so developed that service to the
patron may be extended beyond the walls of the structure, not requiring
the patron to enter said structure.
Any business that is conducted primarily out-of-doors. Unless
otherwise specified herein, open-air business shall include:
Retail sales of garden supplies and equipment, including, but
not limited to: trees, shrubbery, plants, flowers, seed, topsoil,
trellises, and lawn furniture.
Roadside stands for the sale of agricultural products, including
fruits, vegetables, and Christmas trees.
Various outdoor recreation uses, including, but not limited
to: tennis courts, archery courts, shuffleboard, horseshoe courts,
miniature golf, golf driving ranges, and amusement parks.
Outdoor display and sale of model garages, swimming pools, playground
equipment, and similar uses.
See "lot (or parcel)."
An area on private property which provides vehicular parking
spaces along with adequate drives and aisles for maneuvering, so as
to provide safe and convenient access for entrance and exit and for
parking of more than three vehicles.
An area of definite length and width as designated in this
chapter for parking an automobile or other vehicle, which is fully
accessible for such purposes, and is exclusive of access drives and
aisles thereto.
A wall starting from the foundation and extending continuously
through all stories to or above the roof that separates one building
from another and that is in joint use by each building.
Any security that may be accepted by the Township as a guarantee
that improvements or work required as part of an application for development
are satisfactorily completed.
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, glare, heat, or other
effects.
An individual, trustee, executor, fiduciary, corporation,
firm, partnership, association, organization, or other legal entity
acting as a unit.
A domesticated dog, cat, bird, gerbil, hamster, guinea pig,
turtle, fish, rabbit, or other similar animal that is kept for pleasure
or companionship.
A planned unit development may include such concepts as cluster
development, planned development, community unit development, planned
residential development, and other terminology denoting special zoning
requirements and review procedures. These requirements and procedures
are intended to provide design and regulatory flexibility, so as to
accomplish the objectives of this chapter using innovative and effective
planning approaches.
A map of a subdivision of land.
Any permanent, or portable structure or container located
either above or below grade designed to hold water to a depth greater
than 24 inches as defined by the adopted building code, intended for
swimming or bathing.
An open, horizontal platform attached or adjacent to the
sides of an aboveground swimming pool. The deck shall be considered
part of the pool structure.
An exterior appendage to a building which has a separate
roof or a roof integral with the building which forms a covered approach
to a doorway or vestibule.
A porch separated from the outside by an all-weather partition
or a partition which renders the area inside the partition habitable.
A porch not separated from the outside by either an all-weather
partition or a partition rendering the area inside the partition habitable.
A person as defined under MCLA § 333.26423 of the
Michigan Medical Marihuana Act and who has been issued and possesses
a valid registry identification card under the Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An activity in which a primary caregiver assists qualified
patients with the medical use of marihuana as a home occupation.
A primary caregiver that resides in the same residence with
not more than one qualified patient to whom he or she is connected
through the Department of Licensing and Regulatory Affairs registration
process.
See "use, principal."
See "street."
Referring to a building footprint, it is the maximum projection
of the structure; e.g., roof overhang. It is the point from which
the setback is measured.
The line separating property from the street right-of-way
and the lines separating a parcel of property from the parcels next
to it. See also "lot lines."
A notice of the time, place, and purpose of a public hearing,
which notice shall be posted in a manner and within a time frame as
prescribed in this chapter or in applicable state law.
Any persons, firm, corporation, municipal department, or
board, duly authorized to furnish to the public under government regulations
any of the following: electricity, gas, steam, communications services,
cable television services, transportation services, water, sewer service,
or sewage treatment.
A person as defined under MCLA § 333.26423 of the
Michigan Medical Marihuana Act and who has been issued and possesses
a valid registry identification card under the Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See, within the definition of "lot lines," "lot line, rear."
A privately owned facility designed and equipped for the
conduct of sports, amusement, or leisure time activities and other
customary recreational activities indoors (within an enclosed building)
and operated as a business and open for use by the public for a fee,
such as gymnasiums and fitness centers, bowling alleys, indoor soccer
facilities, racquetball and tennis clubs, ice- and roller-skating
rinks, curling centers, and firearms ranges.
A privately owned facility designed and equipped for the
conduct of sports, amusements, or leisure time activities and other
customary recreational activities outdoors (outside of an enclosed
building) and operated as a business and open for use by the public
for a fee, such as tennis clubs, archery ranges, firearm ranges, golf
courses, miniature golf courses, golf driving ranges, water slides,
batting cages and machines, skateboarding parks, and children's amusement
parks.
Any public or privately owned lot or land that is utilized
for recreation activities such as, but not limited to, camping, swimming,
hunting, picnicking, hiking, nature trails, boating, and fishing.
A boat, snowmobile, off-road vehicle, camper travel trailer,
motor home, pickup camper, or trailer which is designed for private
recreational or travel use and which is further defined as:
TRAVEL TRAILERA portable vehicle on a chassis which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a travel trailer by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.
PICKUP CAMPERA structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.
MOTOR HOME (TRAILER COACH)A self-propelled motorized recreational vehicle intended, designed, used, or constructed, and duly licensable for travel and/or recreational usage, and for temporary human habitation, sleeping, and/or cooking and eating for one or more persons, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor home generally contains sanitary, water, and electrical facilities.
FOLDING TENT TRAILERA folding structure, mounted on wheels and designed for travel and vacation use.
Boats and boat trailers, floats, rafts, canoes, plus the normal
equipment to transport them on the highway.
OTHER RECREATIONAL EQUIPMENTSnowmobiles, all-terrain vehicles, special-terrain vehicles, utility trailers, plus normal equipment to transport them on the highway.
The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing and offices, including
other waste matter such as slag, stone, broken concrete, fly ash,
ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals
or any similar or related combinations thereof. Synonym: rubbish.
A restaurant is any establishment whose principal business
is the sale of food and beverages to the customer in a ready-to-consume
state, and whose method of operation is characteristic of a carry-out,
drive-in, drive-through, fast food, standard restaurant, or bar/lounge,
or combination thereof, as defined below:
RESTAURANT, CARRY-OUTA carry-out restaurant is a restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
RESTAURANT, DRIVE-INA drive-in restaurant is a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
RESTAURANT, DRIVE-THROUGHA drive-through restaurant is a restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.
RESTAURANT, FAST-FOODA fast-food restaurant is a restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.
RESTAURANT, STANDARDA standard restaurant is a restaurant whose method of operation involves either:
BAR/LOUNGEA bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If an establishment includes a bar or lounge and a separate dining facility, the establishment shall be considered a bar/lounge if more than 50% of the usable floor area of the entire establishment is used for the bar/lounge.
An area dedicated to or owned by a public body and available
for use by the general public. In the case of public streets, the
right-of-way normally includes curbs, lawn strips, and lighting and
drainage facilities.
A temporary or existing permanent building operated for the
purpose of selling only produce raised or produced by the proprietor
of the stand or his family on the premises, and its use shall not
make into a commercial district land which would otherwise be an agricultural
or residential district, nor shall its use be deemed a commercial
activity for purposes of this chapter.
For the purpose of determining lot area requirements and
density in a multiple-family district, a room is a living room, dining
room or bedroom equal to at least 80 square feet in area. A room shall
not include the area in kitchen, sanitary facilities, utility provisions,
corridors, hallways and storage. Plans presented showing one-, two-,
or three-bedroom units and including a "den," "library," or other
extra room shall count such extra room as a bedroom for the purpose
of computing density.
See "refuse."
An accessory structure which at its widest dimension is in
excess of 36 inches, capable of receiving signals from orbiting satellites
and other extraterrestrial sources, together with other equipment
related to such purposes.
A public school and a school district, subject to the leadership
and general supervision of the state board over all public education.
A charter school or public school academy is authorized by the executive
action of authorizing board which may be the board of a school district,
an intermediate school board, or the board of a community college
or a state public university.
A nonpublic school is any school other than a public school
giving instruction to people and not under the exclusive supervision
and control of the officials having charge of the public schools of
the state. Nonpublic schools include private, denominational, and
parochial schools.
A public elementary or secondary educational entity or agency
that has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by
a school district, local act school district, special act school district,
intermediate school district, public school academy corporation, public
state university, or by the department or state board.
A visual barrier between adjacent area or uses consisting
of structures, such as a wall or fence, or living plant material.
The growing season, which by definition shall end a maximum
four weeks after the last frost in any calendar year.
The distance between a front, side or rear lot line and the
leading projected area (as defined by this chapter) of a structure
on the lot. The minimum required setback is the minimum distance between
a front, side or rear lot line and the nearest projected area of a
structure in order to conform to the required yard setback provisions
of this chapter. (See "yard.") When considering setback, for purposes
of this chapter, the yard on the street side of a house is considered
the front yard. See also "lot, corner," and within the definition
of "yard," "yard, front," etc.
The minimum horizontal distance between the street right-of-way
or property line and the near edge of the parking lot, excluding necessary
and/or approved driveways, frontage roads, and landscaping areas.
See, within the definition of "lot lines," "side lot line."
The roadway at a corner lot which carries or is typically
designated for lower traffic volumes.
Pedestrian or nonmotorized vehicular circulation routes built
according to the standards of the Township or other agency with right-of-way
jurisdiction, as applicable.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images; including the following
sign types:
SIGN, ANIMATED OR MOVINGAny sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation, including electronic message boards.
SIGN, AWNING OR CANOPYA sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance.[1]
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as One Way, Entrance, and Exit.
SIGN, GROUNDAny sign, other than a pole sign, in which the entire bottom is in contact with or close to the ground and is independent of any other structure and which is up to six feet in height.
SIGN, IDENTIFICATIONA sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
SIGN, POLEA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
SIGN, POLITICALSee "sign, yard."
SIGN, PORTABLEA sign that is not permanent, affixed to a building, structure, or the ground.
SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATESee "sign, yard."
SIGN, ROOFA sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
SIGN, SUSPENDEDA sign hanging down from a marquee, awning, or porch that would exist without the sign.
SIGN, TEMPORARYA sign intended for a limited period of display, including all portable signs, banners, pennants, and/or balloon signs.
SIGN, WALLA sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure, and the exposed face of which shall be on a plane parallel to the building wall to which it is attached.
SIGN, WINDOWA sign permanently or temporarily painted, placed or affixed on, or to, a glass window or other transparent surface so as to be visible through the surface to which it is attached, from outside the premises.
SIGN, YARDA sign of relatively impermanent construction manually placed on a yard or lawn.
[Amended 12-19-2019 by Ord. No. 118-2019]
The entire face of a sign, including the advertising surface
and any framing, trim, or molding but not including the supporting
structure.
The property subject to a development plan or other review
process pursuant to this chapter.
A plan showing all relevant features of a proposed development, as required in Article XXIII, so that it may be evaluated to determine whether it meets the provisions of this chapter.
The keeping of domesticated animals and fowl, other than
dogs, cats, for recreation, education, breeding or other purposes
as an accessory use to another permitted use in any district, other
than the Agricultural District.
An occurrence or noteworthy happening of seasonal, civic,
or church importance, which is organized and sponsored by a nonprofit
the Township of Buchanan community group, organization, club or society,
and which offers a distinctive service to the community, such as public
entertainment, community education, civic celebration, or cultural
or community enrichment. Special events typically run for a short
period of time (less than two weeks) and are unlike the customary
or usual activities generally associated with the property where the
special event is to be located.
A use that is subject to approval by the Township Board of Trustees under the procedures and requirements for a special use permit contained in Article XXIV of this chapter. A special use permit may be granted only when there is a specific provision in this chapter. A special use is not considered to be a nonconforming use.
Specified anatomical areas shall include:
Any of the following:
A private stable is an enclosed building intended for the
keeping of horses or other large domestic animals, for the noncommercial
use of the residents of the principal residential use on the site.
A public stable is an enclosed building intended for the
keeping of horses or other domestic animals, in which any such animals
are kept for remuneration, hire, or sale.
Any structure constructed for residential purposes that is
licensed by the State of Michigan pursuant to Public Act 116 of 1973
(MCLA §§ 722.111 et seq.) or Public Act 218 of 1979
(MCLA §§ 400.701 et seq.). These acts provide for the
following types of residential structures:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ADULT FOSTER CARE FACILITYA governmental or nongovernmental establishment having as its principle function the receiving of adults, 18 years of age or older, for foster care in accordance with Public Act 218 of 1979 (MCLA §§ 400.701 through 400.735), as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Licensing and Regulatory Affairs. It includes facilities and foster care family homes for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released or assigned to a correctional facility. The following four types of adult foster care homes are provided for by these rules:
ADULT FOSTER CARE FAMILY HOMEA private residence with the approved capacity to receive not more than six adults who shall be provided foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.
ADULT FOSTER CARE SMALL GROUP HOMEAn adult foster care facility with the approved capacity of not more than 12 adults who shall be provided foster care. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the home.
ADULT FOSTER CARE LARGE GROUP HOMEAn adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults who shall be provided foster care. Local zoning approval is required prior to issuance of a license.
ADULT FOSTER CARE CONGREGATE FACILITYAn adult foster care facility with the approved capacity to receive more than 20 adults who shall be provided foster care. Local zoning approval is required prior to issuance of a license.
FOSTER FAMILY HOMEA private residence that houses four or fewer foster children, up to age 19, under constant child care and supervision. Under Public Act 116 of 1973 (MCLA § 722.111 et seq.), a foster family home does not require local zoning approval before being licensed by the Department of Licensing and Regulatory Affairs.
FOSTER FAMILY GROUP HOMEA private residence that houses five or six foster children, up to age 19, under constant care and supervision. Under Public Act 116 of 1973 (MCLA § 722.111 et seq.), a foster family group home requires local zoning approval before being licensed by the Department of Licensing and Regulatory Affairs.
The depositing of material, products for sale or use, vehicles,
or other items for a period greater than 24 hours. This definition
shall include items for household use, but shall not include vehicles,
boats, mobile homes and other items with a current, valid registration
(license).
That portion of a building included between the upper surface
of any floor and the upper surface of any floor above; or any portion
of a building between the topmost floor and the roof having a usable
floor area equal to at least 50% of the usable floor area of the floor
immediately below it. A basement shall be deemed a full story when
the vertical distance from the average grade to the floor below is
less than the vertical distance from the average grade to the ceiling.
The uppermost story lying under a pitched roof, the usable
floor area of which does not exceed two-thirds of the floor area of
the uppermost full story. The usable floor area of a half story shall
be at least 160 square feet with a minimum clear height of seven feet,
six inches.
A public or private street, road or thoroughfare intended
primarily to provide vehicular circulation and/or access to abutting
property. Various types of streets are defined as follows:
COLLECTOR STREETA street whose principal function is to carry traffic between local or minor streets and major streets but may also provide direct access to abutting properties.
CUL-DE-SACA dead-end public or private street, generally short in distance, which terminates in a circular or semi-circular section of street allowing for vehicle turnaround.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
LOCAL OR MINOR STREETA street whose sole function is to provide access to abutting properties.
MAJOR STREETA street that carries high volumes of traffic and serves as a main avenue through or around the Township. Major streets may also be referred to as arterial streets or major thoroughfares. For the purpose of this chapter, major streets shall include those streets designated as "county primary," "county local" or "major" streets.
PRIVATE STREET OR ROADA street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon, but which has not been accepted for maintenance by the Township, county, state or federal government.
PUBLIC STREET OR ROADA street or road, the right-of-way and improvements of which have been accepted for maintenance by the Township, county, state, or federal government.
A dividing line between the street and a lot, also known
as the right-of-way line. See "right-of-way."
Any change in the supporting members of a building or structure,
such as bearing walls, partitions, columns, beams, or girders, or
any change in the width or number or exits, or any substantial change
in the roof.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
permanent location. Structures include, but are not limited to, principal
and accessory buildings, towers, decks, fences, privacy screens, walls,
antennae, swimming pools, signs and septic systems.
See "accessory use, building, or structure."
See "sign."
The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, MCLA § 560.101 et seq., as amended, and Chapter 142, Land Division.
See "pool."
See "building, temporary" or "use, temporary."
An enclosed building used for presenting performances or
motion pictures which are observed by paying patrons from seats situated
within the building.
See "dwelling unit, single-family attached or townhouse."
Waste or a combination of waste and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
which, because of its quantity, concentration, or physical, chemical,
or infectious characteristics, may cause or significantly contribute
to the following if improperly treated, stored, transported, disposed
of, or otherwise managed:
See "recreational vehicle" and "dwelling, mobile home."
A zoning district, a landscaped area, lot arrangement, wall
or other means which may serve as a buffer between various land use
types, particularly those uses which are incompatible.
An area used for the temporary storage of private trucks
or trucks for hire.
The purpose for which land, lots, or buildings thereon is
designed, arranged or intended, or for which it is occupied, maintained,
let or leased.
See "accessory use, building, or structure."
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations,
and standards of such district.
The main use of land and buildings and the main purpose for
which land and buildings exist.
See "special use."
A use permitted to exist during a specified period of time
conditions and procedures as provided in this chapter.
A modification of the literal provisions of this chapter
in accordance with the provisions herein in cases where strict enforcement
would cause undue hardship as a result of special circumstances affecting
an individual property that do not generally affect other properties
in the same zoning district.
Any one of a class of vehicles and similar vehicles whose
characteristics are described below which have or require commercial
license plates and have a gross vehicle weight in excess of 6,500
pounds. Any commercially licensed vehicle which does not possess the
characteristics of a commercial vehicle, as defined below, shall not
be subject to the restrictions applying to commercial vehicles:
SEMI-TRAILERA trailer unit which is customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone. "Semi-trailer" shall include trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies, and full or partial box-type enclosures, to include any units which exceed 12 feet in height.
TRUCK TRACTORA commercial vehicle which is capable of attaching to and propelling semi-trailers, mobile homes, modular homes, boat trailers, and similar units, and which is not customarily operated without an attached trailer.
OTHER COMMERCIAL VEHICLESAny truck or motor vehicle with a cab and chassis with a stake, rack, dump body, wrecker body, tanker body, or any other body, the mounted height of which exceeds the height of the cab roof more than eight inches. This shall include any vehicle which has a commercial license plate and which is designed to accommodate a body length in excess of nine feet. Commercial vehicles do not include motor homes or recreational vehicles, but do include construction equipment such as backhoes, power shovels, bulldozers, earth-moving equipment, and similar vehicles, excepting farm vehicles.
See "clinic, veterinary."
A structure of definite height and location to serve as an
opaque screen in carrying out the requirements of this chapter.
An extension of a building wall above the roof which may
serve to screen roof-mounted mechanical equipment.
A permanent constructed barrier intended to retain earth
at an angle steeper than its natural angle of repose.
A building used for short- and/or long-term storage in connection
with production and marketing or in connection with manufacturing,
freight handling, and retailing.
A building or group of buildings in a controlled access and/or
fenced compound that contains varying sizes of individualized, compartmentalized,
and controlled-access stalls or lockers for the storage of customer's
goods or wares.
Any exterior space which is not a principal use for containers,
structures, or other receptacles intended for temporary storage of
solid waste materials.
A facility providing physical, emotional, mental and/or spiritual
evaluation, consultation, therapy and/or services such as, but not
limited to, beauty treatment; weight loss support; exercise and fitness
services; substance abuse, medical, and psychological counseling;
and nutrition and health evaluation and support. Such services and
consultation may be offered by appointment, for walk-in patrons or
for overnight guests.
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances,
does support wetland vegetation or aquatic life and is commonly referred
to as a bog, swamp, or marsh.
Certain wetlands regulated by the Michigan Department of
Environmental Quality under the provisions of Act 451 of 1994, MCLA
§ 324.101 et seq., as amended, and generally defined as
land characterized by the presence of water at a frequency and duration
sufficient to support, and that under normal circumstances, does support
wetland vegetation or aquatic life and is commonly referred to as
a bog, swamp, or marsh and which is any of the following:
Contiguous to an inland lake or pond, or a river, or a stream;
Not contiguous to an inland lake, pond, river, or stream, and
more than five acres in size; or
Not contiguous to an inland lake, pond, river, or stream and
five acres or less in size if the Michigan Department of Natural Resources
determines that protection of the area is essential to the preservation
of the natural resources of the state from pollution, impairment,
or destruction and the Department has so notified the property owner.
On-premise sales of goods primarily to customers engaged
in the business of reselling the goods.
An agricultural facility in which grapes, fruits, or grains
are grown or purchased, fermented or brewed, and processed into wine,
mead, liquor, or beer, and packaged for distribution, including on-site
tasting and consumption, as licensed by the State of Michigan.
Any commercial nonbroadcast communications signals transmitted
via wireless technology to and/or from a fixed customer location.
Examples include wireless signals used to provide telephone service
or high-speed internet access to a fixed location. Applies to individuals
who place antennas that meet size limitations on property that they
own or rent and that is within their exclusive use or control, including
condominium owners and cooperative owners.
[Added 9-16-2021 by Ord. No. 123-2021]
A structure of lattice or monopole framework to which an
antenna may be attached for the transmission and/or reception of radio,
television, satellite or microwave signals that facilitates wireless
communications including cellular, enhanced specialized mobile radio
(ESMR), personal communication, or similar services, along with associated
equipment necessary to operate these facilities.
[Added 9-16-2021 by Ord. No. 123-2021]
An open area on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise permitted
in this chapter.
YARD, FRONTA yard extending across the front of a lot between the side yard lines; and being the minimum horizontal distance between the right-of-way line of the street and the main building or any projections other than the projection of the usual steps, unenclosed balconies, or open porch. (See definition for "setback.") Unless otherwise specified, on corner lots there shall be maintained a front yard along each street frontage. Where lots have double frontage, the required front yard shall be provided on both streets.
YARD, REARA yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.
YARD, SIDEA yard between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.
 |
The official appointed by the Township Supervisor with the
consent of the Township Board, and assisting the Township Supervisor,
Township Board, Planning Commission and Zoning Board of Appeals in
administering the regulations of this chapter.
The written authority issued by the Zoning Administrator
permitting the construction, removal, moving, alteration, or use of
a building, structure, lot or parcel in conformity with this chapter.
The official appointed by the Township Supervisor with the
approval of the Township Board to assist the Zoning Administrator
in his/her duties with regard to enforcement of this chapter.
[1]
Editor's Note: The former definition of "sign, construction,"
which immediately followed this definition, was repealed 12-19-2019
by Ord. No. 118-2019.
