For the purpose of this chapter, certain rules of construction
apply to the text as follows:
A.Â
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
B.Â
The word "person" includes a corporation or firm as well as an individual.
C.Â
The word "building" includes the word "structure."
D.Â
The word "lot" includes the words "plot," "tract" or "parcel."
E.Â
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
F.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
G.Â
Any word or term not interpreted or defined by this article shall
be used with a meaning of common or standard utilization.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A way or means of approach to provide year-round automobile
and pedestrian ingress and egress to a property or lake.
A subordinate building located on the same lot as the main
building, the use of which is naturally and normally incidental to
the main use of the premises. A detached private garage shall be considered
an accessory building.
Whenever an activity (which may or may not be separately
listed as a principal use) is conducted in conjunction with another
principal use and the former use constitutes only an incidental or
insubstantial part of the total activity that takes place on a lot,
or is commonly associated with the principal use and integrally related
to it, then the former use may be regarded as accessory to the principal
use and may be carried on underneath the umbrella of the permit issued
for the principal use.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
"Adaptive reuse" is the redevelopment, including expansion, of an
older building into apartments or condominiums, which may include
some or all of the ground-floor, on-street frontage committed to retail,
office and service uses.
Pursuant to Act 218 of the Public Acts of 1979,[1] as amended, means a governmental or nongovernmental establishment
having as its principal function the receiving of adults for foster
care. 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. Adult foster care
homes shall not include nursing homes. Adult foster care homes are
regulated by the Department of Social Services under three licenses:
six or less capacity, seven to 12 capacity, and 13 to 20 capacity.
Six-or-less-capacity establishments are considered a single-family
dwelling and are allowed to exist in any residential district. Seven-or-more-capacity
establishments are considered a commercial use.
Adult uses shall mean:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images for any form of consideration to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas (as those terms are defined elsewhere herein).
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and may still be categorized as adult bookstore or adult video
store. The sale of such material shall be deemed to constitute a principal
business purpose of an establishment if it comprises 35% or more of
sales volume or occupies 35% or more of the floor area or visible
inventory within the establishment.
ADULT BUSINESSIncludes any of the following (all as defined elsewhere in this section of this chapter): adult arcade, adult bookstore, adult video store, adult cabarets, adult motels, adult motion-picture theaters, adult panoramas, adult theaters, escort agency, nude model studios; and sexual encounter centers.
ADULT CABARETA nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of seminudity characterized by
the exposure of specified anatomical areas;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities;
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
Persons who engage in lewd, lascivious or erotic dancing or
performances that are intended for the sexual interests or titillation
of an audience or customers.
ADULT ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ADULT ESCORT AGENCYA person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Circuit television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas and has a sign visible from the public
right-of-way which advertises the availability of this adult-type
of photographic reproductions;
Offers a sleeping room for rent for a predesignated period of
time that is less than 12 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 12 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT PANORAMAAn establishment having a substantial or significant portion of its business devoted to an entertainment use where patrons view in individual viewing booths, films, tapes or live entertainment showing specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of semi-nudity characterized by the exposure of specified anatomical areas or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A commercial enterprise related to farming operated for the
enjoyment and education of the public that may also generate additional
farm income by promoting farm products and which may include farm
product retailing and sampling, educational and/or outdoor recreational
programs, an accommodation use, farm tours, horseback riding, and
similar activities.
[Amended 9-14-2015 by Ord. No. 50]
Buildings, structures and premises used for the combining
of parts into finished products and/or subassembly components for
subsequent finishing on or off site and for the packaging, shipping
and receiving of such products.
A vehicle, including automobiles, pickup trucks, vans, campers,
motorcycles and similar motor-driven vehicles, but shall not include
tractor-trailers, semitrucks, construction equipment and similar types
of heavy construction vehicles.
A vehicle used in a business operation, including trucks
and automobiles, have informational signage on the exterior body and/or
windows noting business or service information.
A private residence that offers sleeping accommodations to
tourists and is the innkeeper's personal residence.
An outdoor sign advertising services or products, activities,
persons, or events which are not made, produced, assembled, stored,
distributed, leased, sold, or conducted upon the premises upon which
the billboard is located.
See "structure."
The maximum projected area of a building and its accessory
buildings, excluding steps, open porches, terraces and cornices.
The area on a zoning lot occupied by buildings and structures,
including accessory buildings.
The vertical distance measured from the grade, as defined
herein, to:
If the roof is flat, the highest point;
If a gable, hip, gambrel or mansard roof, the average height
measured between the eave and the highest point of the roof;
Where no roof beams exist, or there are structures partly or
wholly above the roof, the highest point of the building structure.
The building that contains the principal building use of
the parcel of property on which it is situated. In a residential district,
a dwelling is the principal building on a parcel of property.
An establishment to accommodate an organized, supervised
recreational program of outdoor activities for boys, girls or families,
normally housed in tents or cabins, usually operated during the summer.
A building and equipment used for the commercial washing,
waxing, and detailed cleaning of the interior and exterior of automobiles
and trucks for the general public. Such facilities shall include self-wash,
automated- and hand-wash facilities, as well as any combination thereof.
Privately owned property which guarantees perpetual care
of grounds used solely for the interment of deceased human beings
or customary household pets.
A certificate issued by the Township Building Official or
Inspector pursuant to the Township Building Code[2] authorizing an occupancy and/or use of land and/or a building
or structure pursuant to the Township Building Code and the terms
of this chapter.
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by a physician or a group
of physicians practicing medicine, osteopathy, dentistry, or chiropractic.
A parcel or parcels of land (including areas designated as
common or limited common elements as recorded pursuant to the Michigan
Condominium Act, PA 59 of 1978,[3] as amended) or an area of water, or a combination of land
and water, designed and intended for the use and enjoyment of residents
or occupants of a development or general public. Common open space
may contain such structures and improvements as are necessary and
appropriate for the benefit and enjoyment of all residents of the
development but shall not include areas reserved for the exclusive
use or benefit of any individual tenant or owner, nor any dedicated
street or other public right-of-way, driveway, parking area, loading
and storage area, and area reserved for non-residential-related use.
A plan or project consisting of not less than two condominium
units if established and approved in conformance with the Condominium
Act (Act 59, 1978[4]).
The drawings attached to the master deed for a condominium
subdivision which describe the size, location, area, horizontal and
vertical boundaries and volume of each condominium unit contained
in the condominium subdivision, as well as the nature, location and
size of common elements.
That portion of a condominium project or site condominium
subdivision which is designed and intended for separate ownership
and use, as described in the master deed, regardless of whether it
is intended for residential, office, industrial, business, recreational,
use as a time-share unit, or any other type of use. The owner of a
condominium unit also owns a share of the common elements. The term
"condominium unit" shall be equivalent to the term "lot" for purposes
of determining compliance of a condominium subdivision with provisions
of this chapter pertaining to minimum lot size, minimum lot width,
maximum lot coverage and maximum floor area ratio.
A lot or portion thereof on which construction trade equipment,
construction vehicles, and materials associated with off-premises
construction projects are parked or temporarily stored. A contractor's
storage yard may also include the storage of machinery, equipment,
and materials typically used in construction work, the building trades,
landscaping, snowplowing, and similar services.
[Added 1-14-2019 by Ord.
No. 6C]
A facility, other than a private residence, receiving one
or more preschool or school-age children for care for periods of less
than 24 hours a day, and where the parents or guardians are not immediately
available to the child. Child-care center or day-care center includes
a facility that provides care for not less than two consecutive weeks,
regardless of the number of hours of care per day. The facility is
generally described as a "child-care center," "day-care center," "day
nursery," "nursery school," "parent cooperative preschool," "play
group," or "drop-in center." Child-care center or day-care center
does not include any of the following:
A Sunday school, a vacation bible school, or a religious instructional
class that is conducted by a religious organization where children
are in attendance for not more than three hours per day for an indefinite
period, or not more than eight hours per day for a period not to exceed
four weeks during a twelve-month period.
A facility operated by a religious organization where children
are cared for not more than three hours while persons responsible
for the children are attending religious services.
A private home in which one but not more than six 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.
Family day-care home includes a home that gives care to an unrelated
minor child for more than four weeks during a calendar year.
A private home in which more than seven 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. Group day-care home includes a home that gives care to
an unrelated minor child for more than four weeks during a calendar
year.
The relationship of the total number of dwelling units contained
in a planned unit development to the gross acreage of the planned
unit development; dwelling units per gross acre.
A container used for the temporary storage of rubbish or
materials to be recycled pending collection, having capacity of at
least one cubic yard.
Any structure or portion thereof which is designed for the
use exclusively for residential purposes containing one or more dwelling
units.
A group of rooms located within a building and forming a
single habitable unit with facilities which are used or intended to
be used for living, sleeping, sanitation, cooking, and eating purposes.
A separate, complete housekeeping unit with a separate entrance,
kitchen, sleeping area, and full bathroom facilities, which is an
attached or detached extension to an existing single-family structure.
A single building or series of buildings with abutting walls
which, in total, contain no more than 12 dwelling units, including
condominium developments.
A detached building containing one dwelling unit and designed
for, or occupied by, only one family.
A building containing two separate dwelling units designed
for, or occupied by, two families.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge, including
a preschool, elementary, middle, or high school, college or university,
trade school and the like, whether public or private, that meets state
requirements, where applicable.
The person charged with the enforcement of this chapter or
their designee.
The construction, alteration or maintenance by public utilities
or government agencies of gas, electrical, steam, or water transmissions
or distribution systems, and communications (except cell towers elsewhere
regulated in this chapter), collection, supply or disposal systems.
These include such equipment as poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals (and signs), hydrants, and other similar equipment. Buildings
and transmission facilities which do not provide direct service to
local distribution systems are not included.
The Federal Aviation Administration.
One or more persons occupying a premises and living as a
single housekeeping unit, whether or not related to each other by
birth or marriage, as distinguished from persons occupying a boardinghouse,
lodging or hotel.
Real property used for commercial agriculture which may contain
other noncontiguous acreage, all of which is operated by a sole proprietorship,
partnership, corporation or other business entities, and including
all necessary farm buildings, structures and machinery. A farm may
or may not contain a farm dwelling unit and may include related activities,
such as, but not limited to, grain mills or dairy operations.
Livestock, including, but not limited to, beef and dairy
cattle, goats, hogs, horses, poultry, sheep, and other fur-bearing
animals, raised, fed, bred, housed and/or slaughtered for products
useful to humans.
Any building or accessory structure other than a farm or
a nonfarm dwelling unit which is used for farm operations, such as,
but not limited to, a barn, grain bin, silo, farm implement storage
building, and/or milk house.
A condition or activity which occurs on a farm in connection
with the commercial production of farm products, and includes, but
is not limited to: marketed produce at roadside stands; noise; odors;
dust; fumes; operation of machinery and irrigation pumps; ground and
aerial seeding and spraying; the application of chemical fertilizers,
conditioners, insecticides, pesticides, and herbicides; and the employment
and use of labor.
A facility involved in the complete or partial conversion
of any agricultural product into a commercial product of any kind,
or in the processing of agricultural-related waste products. A farm
product processing facility may include, but shall not be limited
to, ethanol processing plants, slaughter operations, canning operations,
methane processing and refining plants, and similar facilities.
Those plants and animals useful to man and including, but
not limited to: forages and sod crops, grains, and feed crops; dairy
and dairy products; poultry and poultry products; livestock, including
breeding and grazing; fruits, vegetables, flowers, seeds, grasses,
trees, fish, apiaries, equine and other similar products; or any other
product which incorporates the use of food, feed, fiber or fur.
The Federal Communications Commission.
A constructed barrier erected to enclose, screen, or separate
parcels or portions of parcels.
A fence, as defined herein, which is less than 50% opaque
and up to 36 inches in height and which is designed primarily to enhance
the aesthetics or attractiveness of the site upon which it is located.
A "festival," "event" or "gathering" is any fair, festival,
or gathering of individuals or similar organized or unorganized activity
where patrons watch or participate in entertainment, including, but
not limited to, music, shows, concerts, revivals, circuses, carnivals,
art shows, antique fairs, street dances, and sporting events not related
to a scheduled school athletic event.
Commercial establishments, such as banks, credit agencies,
investment companies, brokers and dealers of securities and commodities,
security and commodities exchanges, and insurance agencies.
The land in the floodplain in any community which is subject
to a 1% or greater chance of flooding in any given year as defined
as an area of special flood hazard and designated Zone A on the Flood
Insurance Rate Map issued for the Township by the Federal Emergency
Management Administration or, in lieu thereof, the area designated
as floodplain on the Official Zoning Map.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space were the floor-to-ceiling height is less than six feet.
A facility used for the preparation of the deceased for burial
and for visitation and for the conduct of memorial and funeral services.
An accessory building or an accessory portion of a principal
building designed or used primarily for the storage of noncommercial
motor vehicles and residential tools and equipment owned and used
by the occupants of the building to which it is accessory.
Any building, structure or land used for the dispensing,
servicing, sale or offering for sale at retail of any automobile fuels,
oils, or accessories that also includes a retail establishment offering
for sale such items as prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared
foods, such as salads, for off-site consumption.
The offices of any department, commission, independent agency,
or instrumentality of the United States, of a state, county, incorporated
or unincorporated municipality, Township, authority, district, or
other governmental unit.
The median level of the finished surface of the ground adjacent
to the exterior walls of the building, determined by subtracting the
lowest elevation point from the highest, dividing the result by two
and adding the resulting quotient to the lowest point.
Land, or portion thereof, including a building whose roof
and sides are made largely of glass or other transparent or translucent
material and in which the temperature and humidity can be regulated
for the cultivation of delicate or out-of-season plants for subsequent
sale or for personal enjoyment.
Includes all land area occupied by the planned unit development
and excluding portions of said planned unit development lying within
an existing public right-of-way or highway.
A dwelling or other structure designed to house a business
to provide supervised care for one or more children or adults on a
twenty-four-hour basis.
Hazardous chemicals as defined by the Michigan Department
of Public Health and the Michigan Department of Labor; flammable and
combustible liquids as defined by the Michigan State Police Fire Marshal
Division; critical materials, polluting materials, and hazardous waste
as defined by the Michigan Department of Natural Resources; hazardous
substances as defined by the U.S. Environmental Protection Agency;
and hazardous materials as defined by the U.S. Department of Transportation.
See "building height."
A smallholding or small farm operation that is maintained
without expectation of being a primary source of income, or a small
farm operation engaged in specialty crops at a modest scale.
An activity carried out for gain by a resident and conducted
as a customary, secondary, incidental, and accessory use in the resident's
dwelling, but not a hobby. Without limiting the foregoing, any dwelling
used by an occupant of that dwelling to give instruction in a craft
or fine art within the dwelling shall be considered a home occupation.
A home occupation, profession, activity, or use that is evident
to neighbors by virtue of an increased amount of customer traffic,
delivery or other vendor traffic, or other commercial activity which
is not normally associated with a residential community.
A home occupation involving activities which do not affect
the residential character of the neighborhood and which, under normal
circumstances, would not be detectable by neighbors.
A building or group of buildings in which lodging or boarding
are provided. As such, it is open to the public, as distinguished
from a boardinghouse, lodging house or an apartment.
Include any pets not specifically prohibited by the terms
of this chapter and any other Township ordinance. Household pets do
not include farm animals.
Those features and actions associated with a project which
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 Township and future users or inhabitants
of the proposed project or project area, including roadways, lighting,
utilities, sidewalks, screening, and drainage. Improvements do not
include the entire project which is the subject of zoning approval.
Any lot or premises on which four or more dogs of more than
six months in age are kept or boarded temporarily or permanently,
for the purpose of breeding, for sale, or otherwise. It shall also
include any lot or premises which other fur-bearing household or domestic
pets of like number are bred or sold.
The act of creating a lot or parcel of land defined by a
metes and bounds description pursuant to Section 108 of the provisions
of the Michigan Land Division Act, PA 87 of 1997, as amended (formerly
the Michigan Subdivision Control Act).[7]
The Michigan Land Division Act, PA 87 of 1997, as amended
(formerly the Michigan Subdivision Control Act)[8] and any ordinance adopted by the Three Oaks Board in furtherance
of Township duties required of the Act.
A regulated and licensed facility for the safe disposal of
solid waste, potentially including a facility for the capture, recovery
and refinement of gasses generated by natural decomposition.
The legal or beneficiary owner or owners of the land proposed
to be included in a planned unit development or the holder of an option
or contract to purchase the land subject to the proposed planned unit
development.
A commercial establishment providing cleaning, dry-cleaning
and laundry services on site for businesses and residents.
A building and related facilities owned or operated by a
corporation, association or group of individuals established for the
fraternal, social or recreational enrichment of its members and not
primarily for profit, whose members meet and pay dues and meet certain
prescribed qualifications for membership.
A building other than a hotel where lodging only is provided
for three or more but not more than 20 persons.
A parcel of land occupied, or intended to be occupied, by
a main building or a group of such buildings and accessory buildings
or utilized for the principal uses and uses accessory thereto, together
with such yards and open spaces as are required under the provisions
of this chapter. A lot may or may not be specifically designated as
such on public records.
The total area within the boundaries of the lot, excluding
any road rights-of-way or access easements.
The recorded legal description of any lot, condominium unit,
or parcel of land in the office of the Register of Deeds of Berrien
County, State of Michigan, or as a part of an unrecorded plat, development
plan, condominium, or subdivision.
The horizontal straight-line distance between the side lot
lines, measured between the two points where the front setback line
intersects the side lot lines.
A lot adjacent to two or more streets at their intersection.
A parcel of land separated from a road right-of-way by another
parcel and may be accessed through an easement.
That lot line which is (or contains) the road line of the
principal road or right-of-way providing access to the lot.
A lot with frontage on one road and abutted by other lots.
A lot that fronts on two parallel roads or that fronts on
two roads that do not intersect at the boundaries of the lot. Also
known as a "double frontage lot."
 |
As used herein, the term "manufactured housing" shall mean
a movable or portable dwelling constructed to be towed on its own
chassis and designed for permanent year-round living as a single-family
dwelling; provided, however, that the term "manufactured housing"
shall not include motor homes, campers, recreational vehicles (whether
licensed or not as motor vehicles) or other transportable structures
designed for temporary use and which are not designed primarily for
permanent residence and connection to sanitary sewage, electrical
power and potable water utilities.
An area where three or more manufactured housing units are
parked or intended to be parked, designed or intended to be used as
living facilities for one or more families.
A marihuana retailer, marihuana microbusiness, marihuana
processor, marihuana grower, marihuana safety compliance facility,
marihuana secure transporter, marihuana event organizer, or any other
type of marihuana-related business licensed by Three Oaks Township
pursuant to Ordinance No. 6, as amended.
[Added 6-12-2023 by Ord. No. 62]
An adult use or medical marihuana establishment that involves
the cultivation or growing of marihuana and licensed by Three Oaks
Township pursuant to Ordinance No. 6, as amended.
[Added 6-12-2023 by Ord. No. 62]
The document recorded as part of a condominium subdivision
to which are attached as exhibits and incorporated by the reference
the approved bylaws for the condominium subdivision plan.
A building or portions of buildings offered to the public
for a fee on a monthly or yearly basis for the storage of goods.
See "manufactured housing."
See "manufactured housing community."
See "funeral home."
A building or structure that fails to meet one or more provisions
of this chapter.
The use of a building, structure, lot or parcel of land that
fails to meet one or more of the provisions of this chapter.
Any activity harmful to the public health which creates an
interference in a way of travel, affects public morals or prevents
the public from the peaceful use of their land and public streets.
An establishment for the growth, display, and/or wholesale
of plants, shrubs, trees, and materials used in indoor or outdoor
planting, conducted within or without an enclosed building.
As pursuant to Act 368 of the Public Acts of 1978,[9] as amended, means a nursing care facility, including a
county medical care facility, but excludes a hospital or a facility
which provides organized nursing care and medical treatment to seven
or more unrelated individuals suffering or recovering from illness,
injury, or infirmity.
An area of a zoning lot designated by the owner or tenant
or used by the owner or tenant for the storage of equipment, motor
vehicles of any type (other than parking in a required vehicle parking
area) or any other matter, including junk and debris, which may be
regulated by this chapter or any other Township ordinance.
A tract of land which is used for the storage of motor vehicles
and is not accessory to any other use on the same or any other lot,
and which contains parking space rented to the general public or reserved
for individuals by the hour, week, or month.
A surfaced area, enclosed in the main building, in an accessory
building, or unenclosed, having an area of not less than 200 square
feet, exclusive of driveways, permanently reserved for temporary storage
of one automobile and connected with a street or alley which affords
satisfactory ingress and egress for automobiles.
Include theaters, churches, auditoriums, sports arenas, lecture
halls and other similar facilities intended for entertainment, instruction,
worship or similar activities involving assembled groups of people
numbering 50 or more.
A place of public assembly as defined herein with either
2,000 square feet or more in gross floor area, total seating capacity
of more than 100 in the largest room intended for public assembly,
or the capability to expand to meet these standards in the future.
A place of public assembly as defined herein with less than
2,000 square feet in gross floor area or total seating capacity of
not more than 100 in the largest room intended for public assembly.
An area of minimum contiguous size, as specified by this
chapter, to be planned and developed as a single entity containing
mixed or varied uses, having sites with unusual topography or unique
settings within the community, or on land which exhibits difficult
and costly development problems.
The required drawing prepared in accordance with the specification
of either the Land Division Act[10] or Condominium Act[11] signed by a Michigan registered surveyor which is approved
by the Township Planning Commission and/or Township Board to be filed
with the Register of Deeds of Berrien County for the conveyance of
real property.
A building in which is conducted the principal use of the
lot on which it is located.
The primary or predominant use of any parcel.
Establishments engaged in a series of operations, in a continuous
and regular action or succession of actions, taking place or carried
on in a definite manner associated with chemical or mechanical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, liquors, food
and fiber products, minerals and compounds, and such related activities
as storage, packaging, shipping and scrapping.
A facility used primarily for conducting the affairs of a
business, profession, service, industry, or government, or like activity,
and may include ancillary services for office workers, such as a coffee
shop or child-care facilities.
An establishment engaged in providing assistance, as opposed
to products, to individuals, businesses, industries, governments,
and other enterprises, including printing, legal, engineering, consulting,
and other similar services.
A multiboat access site operated by a governmental entity,
including access from a public road authorized expressly or impliedly
by a governmental entity.
A drinking and fire-suppression water supply, treatment and
distribution system and/or a wastewater collection and treatment system
owned and operated by a unit of government.
A recreational facility available to the public which is
owned and operated by the State of Michigan, a political subdivision
of the State of Michigan, or the U.S. government.
A facility providing quiet, personal types of recreation
in which customers actively participate, rather than as spectators,
and which has been approved as an appropriate and compatible use with
the other uses permitted in the zoning district.
A recreational facility available to the public which is
privately owned and operated.
A tent, or a vehicular type structure primarily designed
as temporary living quarters for recreational camping or travel use,
which either has its own motive power or is mounted on or drawn by
another vehicle which is self-powered. A "tent" means a collapsible
shelter of canvas or other fabric stretched and sustained by poles
and used for camping outdoors. "Recreational unit" shall include travel
trailers, camping trailers, motor home, truck camper, slide-in camper
and chassis-mount camper, as defined in MCLA § 333.12501
et seq. (PA 1978, No. 368).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A multistory building in which the ground floor area is intended
for use by a retail business or office and the upper stories contain
one or more dwelling units intended for residential use.
A retail establishment selling food and drink for consumption
on the premises, including restaurants, taverns, coffeehouses, bakeries,
lunch counters, refreshment stands and similar facilities selling
prepared foods and drinks for immediate on-site consumption or for
takeout.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Retail sales to the general public conducted in connection
with, and as an ancillary activity to, manufacturing, assembly and
production uses within an industrial area.
Any existing or planned publicly controlled and dedicated
or privately held vehicular accessway used or intended to be used
for access to public or private lands and/or for the conveyance of
traffic.
A vehicular accessway constructed within a common easement
along with the easement, which provides access to lots within a plat
or a nonplatted subdivision of metes-and-bounds-described parcels
and which provides continuous access for safety services vehicles
operating within the Township.
The Standards and Specifications for Subdivision Streets,
as adopted by the Berrien County Road Commission.
A local road of short length having one end terminated by
a vehicular turnaround.
A right-of-way along with related improvements which provides
for vehicular and pedestrian access to abutting properties.
A public road designated a local road by the Berrien County
Road Commission which is not part of the County Primary Road System,
which is intended primarily for access to abutting properties.
Local access roads provide access to homes, farms and other
low-intensity land uses. Traffic desires are local in nature and these
roads do not require trip continuity for an extended length.
A road which is parallel and adjacent to public roads and
which provides access to abutting properties and protection from through
traffic and not carrying through traffic.
Those roads of considerable continuity which are designated
as primary roads by the Berrien County Road Commission.
A road held in private ownership and dedicated to the use
of four or more abutting properties which meets the design and construction
standards of this chapter.
A private road in a platted or condominium subdivision approved
by the Berrien County Road Commission pursuant to the Plat Act (Act
288, PA of 1967, as amended).[12]
A road dedicated to the public, such dedication having been
accepted by the appropriate public road commission or Department of
Transportation, which meets the minimum construction standards of
said road commission or Department of Transportation.
The unobstructed vision on a horizontal plane along a road
center line from a driver-eye height of 3.5 feet and an object height
of six inches.
State or federal numbered highway.
A road held in private ownership and contained within and/or
abutting not more than three adjoining parcels.
A building or structure from which agricultural products
produced on the premises are sold.
A front or rear interconnection between parcels, and may
include the maneuvering lane within a parking lot. A service drive
is not a private road.
The minimum required distance between a structure and a property
line measured perpendicular from the property line.
Each part of a sign structure which is used to graphically
communicate a message or announcement, including a border space of
not less than three inches outside any lettering or other graphic
symbols or depictions.[13]
A sign located on the premises where the business establishment
is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A sign supported by a pole or poles, uprights or braces on
the ground that is not attached to a building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A projecting sign attached to, or hung from, a marquee; said
"marquee" shall be known to mean a canopy or covered structure projecting
from, and supported by, a building when the canopy or covered structure
extends beyond the building, building line or property line.
Any sign that directs attention to a business, commodity,
services or entertainment conducted, offered or sold at a location
other than the premises on which the sign is located.
A sign painted on, or in any manner affixed to, a supporting
structure which is not permanently attached to the ground or another
stationary structure.
A type of ground sign at least 10 feet above the ground supported
on a post(s) or pole(s).
A sign mounted to the roof of a building.
A permanent sign which identifies the name of a residential
subdivision or development and is located on the same premises.
A sign affixed flat against the wall of a building, which
serves solely to designate the name, or the name and profession, or
the business occupation of a person or persons occupying the building
to which it is attached.
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, designs, trade names or trademarks,
or combinations thereof by which anything is made known, such as the
designation of an individual, a firm, an association, a profession,
a business, a commodity, or a product, which are visible from any
public way and used as an outdoor display.
The site, survey and utility plans, floor plans, and sections,
as appropriate, showing the existing and proposed structures and improvements,
including the location thereof in the land.
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation and utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development and legal description pursuant to Article XVI of this chapter.
A farm as defined herein.
Less than completely and opaquely covered human genitals,
pubic region, buttock, anus and female breast below a point immediately
above the top of the areola; and human male genitals in a discernible
turgid state, even if completely and opaquely covered.
Includes any of the following:
A building and grounds used or to be used for the housing
of horses for hire by the owner or operator thereof and which may
or may not provide instruction in horseback riding.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
have permanent location on the ground, including, but without limiting
the generality of the foregoing; advertising signs, billboards, backstops
for tennis courts and pergolas.
A residential use that divides land into not more than the
number of lots permissible in a conventional subdivision of same property
in the same zoning district, but where the size of individual lots
may be reduced in order to gain common open space.
A residential use that divides substantially all of the land
contained within its boundaries into not more than the number of lots
permissible by the applicable zoning district.
An establishment used primarily for the serving of liquor,
beer and wine to the general public and where food or packaged liquors
may be served or sold only as an accessory to the primary use.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
See "lodging homes."
Buildings, facilities and grounds owned or leased by Three
Oaks Township as a part of its normal municipal responsibilities and
duties.
A building, structure or parcel of land, or any portion thereof,
used for the diagnosing, repairing, cleaning, equipping and/or painting
of motor vehicles.
A structure used for storage and repackaging of goods, wares,
raw materials, equipment, parts and other materials by and for the
owner or operator of the facility, or as a commercial service on behalf
of the owner(s) of such items.
As defined in Act 451 of the Public Acts of 1994,[16] as amended, a "regulated wetland" shall mean 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.
All structural facilities, attached or accessory, related
to the radio frequency spectrum for the purpose of transmitting or
receiving radio signals, including radio and television towers; cellular
telephone and paging devices; telephone devices and exchanges; microwave
relay towers; telephone transmission equipment buildings; and commercial
mobile radio service facilities. (Not included are facilities for
citizen band radio; short wave radio; ham and amateur radio; television
reception antennae; satellite dishes; and government facilities which
are subject to state and federal law.)
[Added 9-20-2017 by Ord.
No. 6B]
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of the structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the foundation wall of the principal
structure shall be used.
A yard extending across the front of the lot between the
side lot lines and located between the building and the front lot
line.
A yard extending across the rear of the lot between the side
lines and located between the building and the rear lot line.
A yard between the main building and the side lot line.
The Township Official appointed by the Township Board to
administer this chapter.
[1]
Editor's Note: See MCLA § 400.701 et seq., the Adult
Foster Care Facility Licensing Act.
[3]
Editor's Note: See MCLA § 559.101 et seq.
[4]
Editor's Note: See MCLA § 559.101 et seq.
[5]
Editor's Note: See MCLA § 560.101 et seq.
[6]
Editor's Note: See MCLA § 559.101 et seq.
[7]
Editor's Note: See MCLA § 560.108.
[8]
Editor's Note: See MCLA § 560.101 et seq.
[9]
Editor's Note: See MCLA § 333.1101 et seq., the
Public Health Code.
[10]
Editor's Note: See MCLA § 560.101 et seq.
[11]
Editor's Note: See MCLA § 559.101 et seq.
[12]
Editor's Note: See MCLA § 560.101 et seq., the Land
Division Act.
[14]
Editor's Note: See MCLA § 559.101 et seq.
[15]
Editor's Note: See MCLA § 560.101 et seq.
[16]
Editor's Note: See MCLA § 324.101 et seq.
