As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure, or use on the same lot with, and of
a nature which is customarily incidental and subordinate to the principal
building, structure, or use; provided, however, that an oil and/or
gas well, whether or not operating or productive, and the structures,
equipment and devices used or which may be used in connection therewith,
and the associated and related uses and activities, shall not be accessory
structures or accessory uses, in whole or in part, under the terms
of this chapter.
ADULT FOSTER CARE FAMILY HOME
A private residence with the approved capacity to receive
six or fewer adults to be provided with foster care for periods of
24 hours per day, five or more days per week and for two or more consecutive
weeks, as licensed and regulated under the Adult Foster Care Facility
Licensing Act, Act 218 of the Public Acts of 1979, MCL 400.701 et
seq., as amended. 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 HOME
An adult foster care facility licensed under the Adult Foster
Care Facility Licensing Act, Act 218 of the Public Acts of 1979, MCL
400.701 et seq., as amended, in which the adult foster care group
home licensee is a member of the household and an occupant of the
residence. The home shall be a private residence providing adults
with foster care for 24 hours a day, five or more days per week and
for two or more consecutive weeks; it shall have the approved capacity
to receive at least seven but not more than 12 adults to be provided
foster care.
BASEMENT
A portion of a building located partially below grade, where
the vertical distance from the average grade to the floor is greater
than the vertical distance from the average grade to the ceiling.
A basement shall not be counted in determining the maximum number
of stories.
BED-AND-BREAKFAST ESTABLISHMENT
A private residence that offers overnight accommodation to
lodgers in the principal residence of the owner or operator of the
establishment, and which serves breakfast as a part of the overnight
accommodation.
BUFFER or BUFFER STRIP
An area of land, including landscaping, berms, walls and
fences, that is located between land uses of different character and
is intended to mitigate negative impacts of the more intense use on
a residential, vacant or other parcel of land.
BUILDING
Any enclosed structure having a roof supported by columns,
walls, or other support, used for the purpose of housing or storing
of persons, animals, or property, or carrying out of business activities,
or similar uses.
BUILDING HEIGHT
The vertical distance measured from the lowest point of elevation
of the surface of the ground or finished material anywhere around
the perimeter of a building to the highest point of the roof surface
of flat roofs, to the deck of mansard roofs, and to a point which
is half way between the eaves and the ridge of gable, hip, or gambrel
roofs.
BUILDING LINE
The line within a property, parallel to the adjacent property line, that defines the horizontal distance between an exterior building wall or building support and the adjacent property line. In the case of an irregularly shaped building, the building lines shall be extended to establish corners in such a manner as to form a rectangle or other shape having lines parallel to the property lines, so as to establish a uniform distance, for setback purposes, between a property line and the parallel building line, irrespective of the irregularity of the building walls, as illustrated in the diagram shown. The exterior building wall shall include any covered or roofed portions of the building, excluding those architectural features exempted by §
450-3.09, Building projections.
BUILDING OFFICIAL
The person designated by the Township Board to administer
the Building Code.
BUILDING, PRINCIPAL
A building in which the main use of the lot or other parcel
of land is conducted.
BUSINESS CENTER
Any two or more businesses which:
A.
Are located on a single lot or parcel of property; or
B.
Are connected by common walls, partitions, canopies, or other
structural members to form a continuous building or group of buildings,
or otherwise present the appearance of a single, contiguous business
area.
CATERING ESTABLISHMENT
A business, establishment or location in which the principal
use is the preparation of food and meals which are delivered to another
location for serving and consumption.
CHILD-CARE CENTER
A facility, other than a private residence, receiving one
or more preschool or school-age children for periods of less than
24 hours per day, for not less than two consecutive weeks (regardless
of the numbers of hours of care per day), where the parents or guardians
are not immediately available to the child, including facilities described
as "day-care centers," "day nurseries," "nursery schools," "parent
cooperative preschools", "play groups" and "drop-in centers" (as licensed
and registered under the Child Care Organizations Act, Act 116 of
the Public Acts of 1973). Child-care centers shall not include Sunday schools,
vacation bible schools or religious instructional classes.
CHURCH
An institution, place or building that is attended by persons
for the purpose of participating in or convening religious services,
meetings and other activities associated with the ministry or other
religious objectives of the church. "Church" also includes other houses
of worship commonly referred to by other terms, such as "synagogue,"
"mosque," "temple," "chapel" or "worship center."
CO-LOCATION
Location by two or more wireless communication providers
of wireless communication facilities on a common structure, tower,
or building.
COMMERCIAL ACCESSORY WATERFRONT USE
The keeping, rental, launching and use of nonmotorized kayaks,
canoes, rowboats, sailboats, paddleboats, paddleboards, wind surfboards
and similar nonmotorized buoyant devices (except rafts), but only
as a use that is accessory to a permitted principal commercial use
located on a lakefront property in the B-1 or B-2 District.
COMMERCIAL COMPOSTING OPERATION
The business of providing on-site decomposition of source-separated
yard waste and agricultural by-products including but not limited
to leaves, grass clippings, brush, garden waste, tree trimmings, plant
prunings, and similar woody waste or other vegetative by-products.
CONCERT
An outdoor public musical performance in which one or more
singers and/or instrumentalists participate and where the musical
entertainment is the principal activity.
CONTRACTOR YARD
An area of land used for the purpose of parking and/or storing
heavy equipment or other equipment used for earth moving, lawn maintenance
and similar activities, in which such equipment is located either
in a completely enclosed building or, if located out of doors, is
fully enclosed or shielded, as may be required by the Township.
CUL-DE-SAC
The vehicle turnaround area that constitutes the terminus
of a street.
DECK
A generally flat-surfaced platform or similar structure that
may or may not be attached to a building. It is typically used for
outdoor leisure activities.
DRIVE-IN, DRIVE-UP or DRIVE-THROUGH FACILITIES
Any facility used to serve patrons of a business while in
their motor vehicles, either exclusively or in addition to service
within a building or structure, or to provide food carry-out for patrons.
DRIVEWAY
An undedicated, privately controlled and maintained easement,
right-of-way, or other interest in land which provides vehicular access
from a public or private street to one lot or one principal building,
dwelling, dwelling unit or any combination thereof.
DRIVEWAY, SHARED
A recorded easement or right-of-way or other recorded interest
in land, privately controlled and maintained, which provides vehicular
access from a public or private street to two lots or two principal
buildings, dwellings, dwelling units or any combination thereof.
DWELLING UNIT
A room or other portion of a building, designed for use and
occupancy by one family for living and sleeping purposes, with housekeeping
facilities.
DWELLING UNIT, ACCESSORY
An attached or detached dwelling, subordinate to a principal
single-family detached dwelling on the same lot or parcel, which contains
sleeping quarters, a bathroom, living area, and kitchen facilities.
ESSENTIAL SERVICE
The erection, construction, alteration, or maintenance by
public utilities or municipal departments or commissions of underground,
surface, or overhead gas, electrical, steam, or water transmission
or distribution systems, collection, communication, supply or disposal
systems, including mains, drains, sewers, pipes, conduits, wires,
cables, fire alarm boxes, traffic signals, hydrants, towers, poles,
and other similar equipment, and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal departments or commissions or for the
public health or general welfare, but not including buildings other
than such buildings as are primarily enclosures or shelters of the
above essential service equipment. The term "essential services" does
not include wireless communication towers, unless located on public
property and used as part of a municipal emergency communications
network, nor does it include services rendered by persons or entities
that are not certified by the appropriate regulatory body as public
utilities or that are not otherwise authorized by law to operate as
a public utility, except for cable television providers which have
been granted a franchise by the Township.
ESSENTIAL SERVICE EQUIPMENT
Wires, mains, drains, sewers, pipes, valves, pumps, conduits,
cables, fire alarm and police call boxes, traffic signals, fire hydrants,
post office boxes, streetlights, or similar equipment located either
entirely underground, or on poles not greater than 30 feet in height,
but not including essential public service structures or buildings.
Wireless communication towers and antennas and similar wireless communications
equipment developed for private enterprise shall not be considered
to be essential service equipment.
ESSENTIAL SERVICE STRUCTURE OR BUILDING
A building or structure owned and operated by public utilities
or municipal departments and used for gas, electrical, steam, fuel,
water or sewage treatment or disposal, electrical substations, sewage
lift stations which are not located entirely underground, and a similar
structure or building necessary to furnish adequate service within
the Township, but not including essential public service equipment.
EVENT
An organized outdoor activity, not exceeding three consecutive
days, at which 500 or more persons may reasonably be expected to attend
the activity at any one time and where music may be provided to complement
the activity but is not the principal focus of the activity. Events
may include plays and other theatrical presentations; seasonal festivals
or celebrations; outdoor display and sale of antiques and previously
used goods and objects; outdoor display and viewing of vintage and
other motor vehicles; arts and crafts exhibitions and sales; farm
markets; horse shows and livestock exhibitions; organized snowmobile
racing events at winter ski areas and resorts; and other similar entertainments,
exhibitions and amusements.
[Amended 8-26-2019 by Ord. No. 2019-5Z]
FAMILY
A.
An individual or group of two or more persons related by blood,
marriage, or adoption, together with foster children and servants
of the principal occupants who are domiciled together as a single,
domestic, housekeeping unit in a dwelling unit; or
B.
A collective number of individuals domiciled 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, halfway house, lodge, coterie,
organization, group of students, or other individuals whose domestic
relationship is of a transitory or seasonal nature, is for an anticipated
limited duration of a school term or during a period of rehabilitation
or treatment, or is otherwise not intended to be of a permanent nature.
FAMILY CHILD-CARE HOME
A private home in which at least one but fewer than seven
minor children are receiving care and supervision for periods of less
than 24 hours per 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 that gives care
to an unrelated minor child for more than four weeks during a calendar
year.
FARM
Land, buildings and other structures used for commercial
farming activities, including the growing of crops, the raising of
livestock and related uses and activities.
FARM MARKET
The seasonal selling or offering for sale at retail of homegrown
vegetables or other produce, occurring in a predesignated area, where
the vendors are generally individuals who have raised the vegetables
or other produce and also including the incidental sale of agriculturally
related products.
FARMING ACTIVITIES
All operations of a farm such as the cultivation, conserving,
and tillage of the soil; dairying; the production, cultivation, growing,
and harvesting of any agricultural, floricultural, sod or horticultural
commodities; the raising of livestock, bees, fur-bearing animals,
freshwater fish, or poultry; and other practices on a farm that are
incidental to or in conjunction with such farming activities.
FENCE
A permanent enclosure, barrier, wall, structure or gate erected
and used as a means of enclosing, confining or for the purpose of
delineating a boundary line.
FLOOR AREA
A.
FLOOR AREA, USABLEThe gross area of all floors in a building, including finished attics and finished basements, but excluding storage rooms, mechanical rooms, unenclosed porches, unfinished attics, unfinished basements, garages and carports.
B.
FLOOR AREA, MINIMUMThe entire area of all floors above grade in a dwelling or other residential building, except in an attached garage and also except in unheated porches or other unheated living spaces.
FLOOR AREA, GROSS
The sum of the total horizontal areas of all floors of a
building, measured from the interior faces of exterior walls.
FUNERAL HOME
An establishment in which deceased persons are prepared for
burial or cremation, including areas for the conducting of funeral
services and the display of funeral equipment, together with associated
vehicle parking areas.
GARAGE, PRIVATE
An accessory building or an attached portion of a dwelling
used primarily for the parking or storage of motor vehicles, equipment
and other possessions for the use of the occupants of the dwelling
or other principal building on the parcel of land, without facilities
for motor vehicle service or repair.
GRADE, AVERAGE
The mean or midway point between the highest and lowest elevation
of the ground abutting the existing or proposed location of each face
of a building, wall, or other area being measured. The measurement
of average grade may include the following measurements:
A.
EXISTING OR NATURAL GRADEThe grade of a site that exists or existed prior to man-made alterations, such as grading, filling, or excavating.
B.
FINISHED GRADEThe final grade of a site after grading, filling, or excavating.
GREENBELT
A landscaped or planted strip or buffer that serves as an
obscuring screen or visual enhancement between land uses or between
a land use and a public or private right-of-way.
GREENHOUSE OR NURSERY, COMMERCIAL
A retail business in which the principal activity is the
selling of plants grown on the site or elsewhere and generally having
outside storage, growing or display.
GROUP CHILD-CARE HOME
A private home in which seven but not more than 12 minor
children are received for care and supervision for periods less than
24 hours a day, unattended by a parent or guardian, except children
related to an adult member of the family by blood, marriage, or adoption,
including a home that gives care to an unrelated minor child for more
than four weeks during a calendar year.
HOME OCCUPATION
An occupation or profession that is customarily incidental
and secondary to the use of a dwelling and which is carried on in
the dwelling and, if permitted, in an accessory building, but which
does not include a bed-and-breakfast establishment nor the conducting
of a retail business or a retail trade. A home occupation is carried
on by only the residents of the dwelling and not more than one other
person.
HOMES FOR THE ELDERLY AND RETIRED
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:
A.
RETIREMENT OR SENIOR HOUSINGAge-restricted housing, primarily for those who are 55 years of age or older, which may include detached and attached dwelling units, and may provide personal care, and supervision of medication, safety amenities and adaptations for physical impairments, central dining facilities and may provide other services, such as recreation, personal services, limited health facilities, and transportation.
B.
HOME FOR THE AGEDA supervised personal care facility, other than a hotel, adult foster care facility, hospital or nursing home, that provides room, board, and supervised personal care to persons 60 years of age or older. "Home for the aged" includes a supervised personal care facility for persons 60 years of age or older if the facility is operated as a part of a licensed nursing home.
HOTEL and MOTEL
A facility offering lodging accommodations to the general
public for a daily or other rate and which may or may not provide
additional services, such as restaurants, meeting rooms and recreational
facilities.
INOPERABLE MOTOR VEHICLE
A motor vehicle which is unlicensed, uninsured and/or incapable
of being operated under its own power.
JUNK
Junk shall mean, but is not limited to, inoperable vehicles;
solid waste; any motor vehicles, machinery, appliances, products,
or merchandise with parts missing; or scrap metals or materials that
are damaged or deteriorated; or vehicles or machines in a condition
which precludes their use for the purpose for which they were manufactured.
KENNEL, COMMERCIAL
A parcel of land, building or other premises on which three
or more dogs, cats, or other household pets are boarded, bred or sold
for commercial purposes.
LOADING SPACE
Off-street space intended for the temporary parking of a
vehicle while loading and unloading materials.
LOT
A parcel of land which is separately described on a deed
or other instrument recorded in the office of the Register of Deeds,
whether by metes and bounds description, as part of a platted subdivision,
condominium or site condominium.
LOT AREA
The area within the property lines of a lot or other parcel
of land, excluding street rights-of-way and private road easements.
LOT DEPTH
The horizontal distance between the front and rear lot lines
of interior and corner lots, or between the two front lines of a through
lot, measured along the median line between the side lot lines.
LOT LINES
The lines bounding a lot as defined herein:
A.
FRONT LOT LINEIn the case of an interior lot, the line separating the lot from the public street right-of-way or private road easement. Through and corner lots shall have two front lot lines. In the case of a waterfront lot, the front lot line is the lot line on the waterfront.
B.
REAR LOT LINEThat lot line opposite and most distant from the front lot line. In the case of a corner lot, the property owner may treat one of the lot lines opposite either of the two front lot lines as the rear lot line. In the case of a triangular lot, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line or wholly within the lot. A through lot has no rear lot line.
C.
SIDE LOT LINEThe lot lines connecting the front and rear lot lines of an interior lot or connecting the front lot lines of a through lot; and the one lot line connecting the front and designated rear lot line of a corner lot.
LOT OF RECORD
A parcel of land which is separately described on a deed,
a platted subdivision, condominium master deed, or other instrument
of conveyance and recorded in the office of the Kent County Register
of Deeds as of a specified date.
LOT WIDTH
The shortest horizontal straight line distance between the
side lot lines of an interior lot or through lot, or designated side
and opposite front lot line of a corner lot, measured at the front
lot line.
LOT, CORNER
A lot having contiguous frontage on two intersecting streets
if the interior angle at the intersection of such streets is less
than 135°. Also, a lot located on a curved street or streets if
tangents of the curve, at the points of beginning with the lot or
the points of intersection of the side lot lines with the street line,
intersect at an interior angle of less than 135°.
LOT COVERAGE
That part of a lot or other parcel of land occupied by buildings, structures, and impervious or pervious surfaces, determined according to §
450-3.08.
[Amended 7-23-2018 by Ord. No. 2018-5Z]
LOT, CUL-DE-SAC
A lot having more than 1/2 its required frontage on a cul-de-sac.
LOT, THROUGH
A lot having frontage on two approximately parallel streets
or on a water body and a street.
MANUFACTURED HOME
A factory-built, single-family residential structure that
is transportable in one or more sections, is built on a permanent
chassis or foundation and is used as a dwelling, but which is not
constructed with a permanent hitch or other device allowing transport
of the dwelling unit other than for the purpose of delivery to a permanent
site, and which does not have wheels or axles permanently attached
to its body or frame.
MANUFACTURED HOUSING COMMUNITY
A parcel of land under single ownership that is planned,
designed, improved and maintained for the placement and use of manufactured
housing for dwelling purposes and for permitted accessory uses.
MARINE STORAGE DEVICE
A mechanical apparatus placed on, at or near the shore of
a separate land frontage on a lake or other body of water for the
purpose of holding, mooring or otherwise confining a motorboat or
other watercraft in, on or above the water in the lake or other body
of water.
MINERAL MATERIAL
Sand, gravel, soil, topsoil, dirt or similar earthen material,
or any of them, and in any combination thereof.
MINI WAREHOUSE or SELF-STORAGE
A building, or group of buildings, in a controlled access
and/or fenced compound that contains individual and controlled-access
stalls or lockers for the storage of a customer's goods or possessions.
MOTOR VEHICLE REPAIR
A garage, building or area used primarily for the repair
of automobiles, trucks, boats, farm equipment, trailers or similar
motor vehicles.
MOTOR VEHICLE SERVICE STATION
A building, land area or other premises where petroleum-based
fuels or other petroleum products are sold, light maintenance of motor
vehicles may be conducted and convenience goods or services may be
offered, but not including major motor vehicle maintenance such as
engine overhaul, vehicle painting and the like.
MOTOR VEHICLE WASH FACILITY
A building, land area and other premises and equipment designed
and used for the washing and cleaning of motor vehicles, whether by
means of automated equipment or with equipment designed to be used
by customers for the washing and cleaning of motor vehicles driven
to the premises for that purpose.
NONCONFORMING BUILDING
A building or portion thereof lawfully existing at the effective
date of this chapter or amendments thereto, but not conforming to
the current provisions of this chapter.
NONCONFORMING LOT
A lot lawfully existing at the time it was created that does
not conform to the current provisions of this chapter.
NONCONFORMING USE
A use or activity lawfully existing on the effective date
of this chapter or amendments thereto but not conforming to the current
provisions of this chapter.
NUISANCE
Any thing, condition, or conduct that endangers health and
safety, or that unreasonably and substantially offends the senses,
or substantially obstructs the free use and comfortable enjoyment
of property.
NURSING HOME
A nursing care facility that provides organized nursing care
and medical treatment for persons suffering or recovering from illness,
injury, or infirmity. "Nursing home" does not include a unit in a
state correctional facility, a hospital, a veterans' facility, or
a hospice residence.
OFF-STREET LOADING AREA
An area of land providing space for the loading and unloading
of delivery trucks and other commercial vehicles, for the delivery
of goods, commodities and merchandise to stores and other commercial
uses, and for the picking up and hauling away of objects, materials,
discarded items and the like from land uses and locations.
OFF-STREET PARKING LOT
An area of land providing motor vehicle parking spaces, along
with adequate drives and maneuvering aisles, for the parking of more
than three vehicles, other than in connection with a single-family
or two-family dwelling.
OPEN-AIR BUSINESS
A business, a substantial part of which involves activities
for the display and sale of goods outside of a building, including
motor vehicle and boat sales, lawn and garden centers, golf driving
ranges, and similar uses.
ORDINARY HIGH-WATER MARK
A line identified as a topographic elevation contour between
upland and bottomland, which persists through successive changes in
water levels, below which the presence and action of water is so common
or recurrent that the character of the bottomland is markedly distinct
from that of the upland and is apparent in the soil itself, the configuration
of the surface of the soil and the vegetation. If water levels vary
for purposes of water level management, the ordinary high-water mark
shall be the higher of the levels generally present. The ordinary
high-water marks for Lake Bella Vista, Silver Lake and Bostwick Lake
have been legally established and shall be as follows:
A.
Lake Bella Vista: 828 feet above mean sea level.
B.
Bostwick Lake: 850 feet above mean sea level.
C.
Silver Lake: 853 feet above mean sea level.
OUTPATIENT MEDICAL OFFICES AND FACILITIES
A building and associated site improvements designed and
used for the providing of medical and health services for patients
who do not usually remain in the facility overnight. Such medical
and health services may include physician services rendered in a medical
office, and other medical or surgical care which need not be rendered
in a hospital. Such facilities may include associated services and
uses for the benefit of outpatients, including laboratories and other
specialized medical facilities that need not necessarily be located
in a hospital.
OUTDOOR RECREATION USES
The land area, buildings, off-street parking areas and other
designated land, specialized structures, bodies of water and other
facilities, publicly or privately owned, for the purpose of enabling
customers, visitors and others to engage in leisure-time activities.
Such uses may include parks, playgrounds, athletic fields, golf courses,
ski resorts, hunting grounds and similar outdoor recreation facilities
and pursuits involving predominantly open space.
PARKING LOT ISLAND
A landscaped and planted area within a parking lot, separated
by curbing or other means from parking spaces and maneuvering aisles,
and located within the interior of a parking lot or at its boundaries
or corners.
PARKING LOT or PARKING AREA
A facility providing vehicular parking spaces, along with
adequate drives, aisles, and maneuvering space to allow unrestricted
ingress and egress for at least two vehicles.
PARKING SPACE
An off-street, paved space of sufficient area to conveniently
accommodate the parking of a motor vehicle, and located adjacent to
necessary driveways and maneuvering aisles.
PATIO
A level, hard-surfaced area on the ground, adjacent to or
in the vicinity of a principal building, and which is located substantially
at grade and which has no walls or a roof.
PERMITTED LAND USE
A land use that is permitted by right in a zone district,
subject to applicable requirements of this chapter.
PORCH, ENCLOSED
A roofed structure with walls whose surface area is at least
50% glass or screen, attached to or a part of a building and which
provides direct access to and from the building.
PORCH, UNENCLOSED
A roofed structure without walls, attached to or a part of
a building and which provides direct access to and from the building.
PRINCIPAL USE
The primary use or activity occurring or which could occur
on a parcel of land or in a building or structure, excluding any accessory
use or accessory building or accessory structure located on the same
parcel of land.
PUBLIC UTILITY
Any person, firm, corporation, municipal department, board,
or commission duly authorized to furnish, under federal, state or
municipal regulations, to the public, electricity, gas, steam, communications
(excluding wireless communications), telegraph or transportation services.
RECREATIONAL VEHICLE
Vehicles or equipment used primarily for recreational purposes,
including but not limited to motor homes, travel trailers, camper
trailers, pop-up campers, boats, snowmobiles, motorcycles, dune buggies,
and trailers used to transport them, and similar vehicles.
ROAD, PRIVATE
A nonpublic road, located within a dedicated easement, which
provides the means of vehicular access to three or more lots or other
parcels of land, or three or more principal buildings, dwellings,
dwelling units or structures, or any combination thereof.
ROAD, PUBLIC
A right-of-way, easement, or other interest in land which
has been conveyed or dedicated to, and accepted by, the county, state,
or other governmental entity for the purpose of providing vehicular
access to abutting land.
ROADSIDE STAND
A building or structure designed and used for the seasonal
display and sale of primarily agricultural products grown on the same
premises.
SALVAGE YARD
An open area where waste, used, or secondhand materials are
bought and sold, exchanged, stored, bailed, packed, disassembled,
crushed, melted, or otherwise handled. Scrap materials include but
are not limited to scrap iron and other metals, paper, rags, tires,
bottles, automobiles and automobile parts, wood and construction materials.
A "salvage yard" includes automobile wrecking yards, but does not
include salvage uses established entirely within enclosed buildings.
SETBACK
The minimum required horizontal distance by which specified
buildings and structures must be set back from a lot line and/or street
right-of-way line.
A.
FRONT SETBACK LINEThe line marking the minimum required building and structure setback distance from the road right-of-way line or the private road easement line that establishes the distance of the minimum required front yard.
B.
REAR SETBACK LINEThe line marking the minimum required setback distance from the rear lot line that establishes the minimum distance for the required rear yard.
C.
SIDE SETBACK LINEThe lines marking the minimum required setback distance from the side lot lines that establish the distance for the minimum required side yards.
SEXUALLY ORIENTED BUSINESS
A sexually oriented business includes, but is not limited
to, an adult bookstore or adult video store; an adult nightclub or
cabaret, bar or restaurant; an adult motel; an adult motion-picture
theater; and other establishments catering to adult patrons and which
may involve the actual or depiction of specified anatomical areas
and/or specified sexual activities, as those terms are commonly understood,
or by means of video, motion pictures, photographic reproductions
or other visual media, or in which a person or persons may appear
in a state of nudity or in live performances that are characterized
by the exposure of specified sexual activities or specified anatomical
areas.
STABLE, COMMERCIAL
Buildings and grounds where horses are boarded or are made
available for riding or for riding lessons for compensation.
STABLE, PRIVATE
Buildings and grounds used for the boarding of horses which
are owned by the owners or occupants of the facility, and which are
not open to the general public.
STORY
That part of a building included between the surface of any
floor above the ground at the building foundation and the surface
of the next floor or, if there is no floor above, then the ceiling
next above.
STREET
An easement, right-of-way or other interest in land established
and/or used for the purpose of providing vehicle access to abutting
land. The term "road" may be used interchangeably with the term "street."
A street shall be a public street or a private street.
STRUCTURE
Anything constructed or erected in or upon the ground and
having a permanent location in or upon the ground, including, though
not limited to, buildings, accessory buildings, sheds, patios, gazebos,
tennis courts, swimming pools, radio, television and communications
towers, decks and platforms, unless otherwise stated in this chapter.
Lawful fences or walls, utility poles, basketball goals, mailboxes,
sidewalks, driveways, streets, parking areas, retaining walls, or
sea walls shall not be considered to be structures for purposes of
this chapter.
VARIANCE
A departure from or modification of any requirement of this
chapter as authorized by the Zoning Board of Appeals under the provisions
of this chapter and the Zoning Enabling Act, Act 110 of the Public
Acts of Michigan of 2006, as amended.
VEHICLE REPAIR, MAJOR
Any major activity involving the repair, rebuilding or reconditioning
of motor vehicles, engines, or trailers; collision services, such
as body, frame, or fender straightening and repair; overall painting
and vehicle rust proofing; refinishing or steam cleaning.
VEHICLE REPAIR, MINOR
A building or premises used primarily to provide general
maintenance on automobiles such as oil changes and lubrication; servicing
and repair of spark plugs, batteries, pumps, belts, hoses, air filters,
windshield wipers and distributors; replacement of mufflers and exhaust
systems, brakes and shock absorbers; radiator cleaning and flushing;
sale and installation of automobile accessories such as tires, radios
and air conditioners; wheel alignment, and balancing; but excluding
tire recapping or grooving or any major mechanical repairs, collision
work, or painting.
WALL
A structure constructed of wood, masonry, or brick, of definite
height and location, which serves as a visual screen.
WAREHOUSE
A building used primarily for the storage of goods, materials
and commodities, and including associated driveways, vehicle circulation
areas and off-street parking areas. A warehouse may include the storage
of goods, materials and commodities on a wholesale basis, prior to
their distribution for retail sale, and it may also include a warehouse
established and used by a business to store its own goods, products
and materials for later sale or other commercial use.
WATERCOURSE
Any waterway, river, stream, inland lake or pond or other
body of water having definite banks, a bed, and visible evidence of
a continued flow or continued occurrence of water. The term "watercourse"
does not include lakes or ponds constructed by excavating or diking
dry land and maintained for the sole purpose of cooling or storing
water, and does not include lagoons used for treating polluted water.
WETLAND
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. Wetlands are regulated
by Part 303, Wetlands Protection, of the Michigan Natural Resources
and Environmental Protection Act, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
WIND ENERGY CONVERSION SYSTEM (WECS)
The equipment, structures and land area designed and used
for the purpose of converting the mechanical energy resulting from
the force of wind into electrical energy. Such systems will typically
include a tower with rotor blades and a shaft, gears and other equipment
designed to convert the rotation of the blades into a form suitable
for driving a generator or other electricity-producing device. Such
a tower and equipment may be ground-mounted or building-mounted.
WINTER SKI AREA OR RESORT
An outdoor recreation area, of at least 80 acres, that consists
primarily of facilities for snow skiing and/or similar winter sports
to be engaged in by customers and/or members, and that has been granted
a current Township special land use as an outdoor recreation area
under § 450-5.03.20, is fully in compliance with the special
land use and is located in the Rural Residential/Agricultural District.
[Added 8-26-2019 by Ord.
No. 2019-5Z]
WIRELESS COMMUNICATIONS FACILITIES
All structures and accessory facilities relating to the use
of the radio frequency spectrum for the purpose of transmitting or
receiving radio signals. This may include, but shall not be limited
to, radio towers, television towers, telephone devices, personal communication
transmission equipment, microwave relay towers, telephone transmission
equipment, commercial mobile radio service facilities and facilities
for internet service. This definition does not include a television
or radio reception antenna for an individual lot or other parcel of
land.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURES
Structures erected or modified to support wireless communications
antennas. Support structures within this definition include, but are
not limited to, monopoles, lattice towers, light poles, wood poles
and guyed towers, or other structures used to support wireless communication
antennas.
YARD, REQUIRED
A.
Types.
(1)
REQUIRED MINIMUM FRONT YARDThat portion of the front yard located between the street right-of-way line and the required minimum front yard building setback line; in the case of a waterfront property, the minimum required front yard is that portion of the front yard located between the ordinary high-water mark of the body of water and the required minimum front yard building setback line.
(2)
REQUIRED MINIMUM REAR YARDThat portion of a rear yard located between the rear lot line and the required minimum rear yard building setback line.
(3)
REQUIRED MINIMUM SIDE YARDThat portion of a side yard located between a side lot line and the required minimum side yard building setback line.
B.
A required yard is unoccupied and unobstructed from the ground
upward, except as otherwise permitted in this chapter.
YARDS
The open spaces on a lot or other parcel of land located
between a principal building or a principal structure and a lot line.
Such open spaces are unoccupied and unobstructed from the ground upward
except as otherwise permitted in this chapter. The term "required
yard" shall refer to that portion of the yard lying between the lot
lines and required setback lines.
A.
FRONT YARDThe space extending the full width of the lot, the depth of which is the furthest horizontal distance between the front lot line and the building line of the principal building. In the case of a waterfront lot, the front yard is that area between the ordinary high-water mark and the nearest building line of the principal building.
B.
REAR YARDThe space extending the full width of the lot, the depth of which is the furthest horizontal distance between the rear lot line and the nearest building line of the principal building. In the case of a corner lot, the rear yard may be opposite either street frontage. A through lot does not have a rear yard, but rather has two front yards, one opposite each nonintersecting street abutting the through lot.
C.
SIDE YARDThe space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the furthest horizontal distance from the side lot line to the nearest building line of the principal building.
ZONING ACT
The Michigan Zoning Enabling Act, Michigan Public Act 110
of 2006, as amended.
ZONING ADMINISTRATOR
The person designated by the Township Board to administer
the provisions of this chapter.
ZONING DISTRICT
A portion of the Township, shown on the Township Zoning Map,
within which certain uses of land, buildings and structures are permitted
and within which specified regulations and requirements apply under
the provisions of this chapter.