The purpose of this article is to establish rules for the interpretation
of the text of this chapter, to define certain words and terms, and
to provide the interpretation of this chapter by adoption of a technical
dictionary. Other definitions are included within other articles of
this chapter.
For the purpose of this chapter, certain rules of construction
are as follows:
A.Â
Words used in the present tense shall include the future tense, words
used in the singular shall include the plural, and words in the plural
number shall include the singular, unless the context clearly indicates
and stipulates the contrary.
B.Â
The words "person," "proprietor," "property owner," and "operator"
shall include any recognized form of legal entity.
C.Â
The words "property," "lot," "parcel," "real estate," "premises,"
"plot," and "land" shall be interpreted to mean real property as delineated
and described by legal documents and instruments.
D.Â
The word "road" shall also mean highway, street, drive, lane and
other public thoroughfare.
E.Â
The word "building" shall include the word "structure."
F.Â
The words "used" and "occupied," when applied to any land or building,
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
G.Â
The word "shall" is always interpreted as mandatory and never as
permissive or discretionary.
H.Â
The word "may" shall be interpreted as permissive or discretionary.
I.Â
The word "required" shall be construed to be mandatory.
J.Â
The words "he" or "she" or "it" shall apply to any person regulated
through this chapter and shall be read interchangeably as if written
in the singular or plural number, or the masculine, feminine or neuter
gender, respectively, as the context of the applicable provision may
require.
As used in this chapter, the following terms shall have the
meanings indicated:
See "family accessory housing."
A building or structure located on the same lot as the principal
building or structure, the use of which is incidental or secondary
to the principal building or use.
A use of land or of a building or portion thereof which is
customarily and naturally incidental to, subordinate to, and devoted
exclusively to the principal use of the land or building and located
on the same lot with the principal use.
A governmental or nongovernmental establishment in which
one but fewer than seven people over the age of 18 are received for
care and supervision for periods of less than 16 hours per day, unattended
by a legal guardian, if any, so long as such individuals do not require
continuous nursing care.
A governmental or nongovernmental establishment providing
twenty-four-hour care for those over the age of 18, such care including
supervision, personal care and protection in addition to room and
board but excluding those who require continuous nursing care. An
adult foster care facility does not include a nursing home, a home
for the aged, or a hospital or facility for the mentally ill operated
or under contract with the Department of Health and Human Services.
A structural poster, panel or painted sign, either freestanding
or attached to a building, for the purpose of conveying information,
knowledge or ideas to the public about a subject unrelated to the
premises upon which it is located; any outdoor sign, display, device,
figure, painting, drawing, message, placard, poster, billboard, or
other comparable object used as a means to convey information or direct
attention to a business, product, service or commodity.
An inert material used as a component of concrete, mortar,
plaster and bituminous pavements. Sand, gravel or crushed stone are
the most common aggregates.
Means of, or pertaining to, or connected with, or engaged
in agricultural or tillage which is characterized by the act or business
of cultivating or using land and soil for the production of crops
for the use of animals or humans, and includes, but is not limited
to, purposes related to agriculture, farming, dairying, pasturage,
horticulture, floriculture, viticulture, and animal and poultry husbandry.
See "farm" and "prime agricultural land."
A generally narrow vehicular or pedestrian right-of-way that
permits access to a rear yard, parking lot or other area of a parcel.
Alleys are not designed for general traffic and afford only a secondary
means of access.
Any modification, remodeling, change, or rearrangement in
the structural or supporting members, such as bearing walls, columns,
or girders, as well as any change in the doors or windows which affects
the means of egress which is undertaken without adding to the floor
area, height, or physical size of the building or structure.
Background noise or noise that cannot be identified as coming
from any particular source.
A room or group of rooms that is designed to function as
a single, complete dwelling unit and is located in a multiple-family
dwelling.
The value of property as estimated by an individual qualified
to appraise that type of property.
A zoning variance that is granted concerning the size and
shape of a building lot and the size, shape, and location of the physical
structure to be located on the lot. This type of variance concerns
such zoning requirements as density, required yards, number of parking
and unloading spaces, frontage, lot size or height.
A premises where the following services may be carried out:
general repairs, engine rebuilding, collision repair, painting, and
undercoating of vehicles.
Structures and premises used or designed to be used for the
retail sale of fuels, lubricants, or grease and other operating commodities
for motor vehicles, including the customary space and facilities for
the installation of such commodities; and including space for temporary
minor repairs, or service such as polishing, washing, cleaning, and
greasing; but not including bumping, painting, or refinishing thereof.
The highest elevation of a flood having a 1% chance of being
equaled or exceeded in any given year.
The portion of a building which is partly below and partly
above grade, and having greater than 1/2 its vertical height below
surrounding grade. A basement shall not be counted as a story. The
height from floor surface below to joist above shall be seven feet
or greater.
A private single-family residential structure that meets
the following criteria:
Offers accommodations to transient tenants in eight or fewer
sleeping rooms, including rooms occupied by the innkeeper or manager,
one or more of which are available for rent to transient tenants.
Serves only breakfast to its transient tenants.
Has a smoke detector in proper working order in every sleeping
room and a fire extinguisher in proper working order on every floor.
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise. (See Figure 4-1 or Figure
4-2.)
 |
|
A dwelling unit having at least one kitchen and primarily
used for the purpose of providing meals, lodging or both for compensation
of any kind. This definition includes tourist homes, lodging houses,
rooming houses, and room rentals.
[Added 6-9-2022]
A form of insurance required of an individual or firm to
secure the performance of an obligation; as in performance bond.
A strip of land, including a specified type and amount of
planting or structures, which may be required to protect/screen one
type of land use from another, or minimize or eliminate conflicts
between them.
A combination of material, whether portable or fixed, forming
a structure having a roof supported by columns or by walls affording
a facility or shelter for use or occupancy by persons, animals or
property.
The area included within surrounding exterior walls (or exterior
walls or fire walls) exclusive of vents, shafts and courts. Areas
of the building not provided with surrounding walls shall be included
in the building area if included within the horizontal projection
of the roof or floor above.
An ordinance governing the design, construction, alteration,
enlargement, repair, demolition, removal, conversion, use, and maintenance
of all buildings and structures, known as the "Building Code for Lawrence
Township, Van Buren County, Michigan."
The vertical distance measured from the established grade
to the highest point of the roof surface for flat roofs; to the deckline
of mansard roofs; and to the average height between eaves and ridge
for gable, hip, and gambrel roofs. Where a building is located on
sloping terrain, the height shall be measured from the average ground
level of the grade at the building wall.
A line defining the front, side, and rear yard requirements
outside of which no building or structure may be located.
The officer or other designated authority charged with the
administration and enforcement of the Lawrence Township Building Code,
or his or her duly authorized representative. For purposes of this
chapter, the Building Official shall also be known as the "Zoning
Administrator."
The line that coincides with the face of the building nearest
the front line of the lot, which includes sun parlors and enclosed
porches, and steps.
The front building line on any lot with an outside simple curve
will be the straight-line chord that intersects the side lines at
the point of intersection with the required front setback line. (See
Figure 4-3.)
 |
The front building line on any lot with an inside simple curve
will be the straight-line tangent perpendicular to the arc radius
at the midpoint of the curve. (See Figure 4-4.)
 |
Front building lines on lots with compound, unbroken-back or
reverse curves will be determined using the tangent or chord which
provides the greatest setback toward the interior of the lot from
the required setback line and front lot line. (See Figure 4-5.)
 |
A facility for overnight stays in nonpermanent structures,
cabins, tents, or recreational vehicles.
[Amended 9-14-2023]
A use of a building, structure or parcel of land, or portion
thereof, which is different from the previous use in the way it is
classified in this chapter or in the State Construction Code, as amended.
A facility, other than a private residence, receiving more
than six preschool or school-age children for group care for periods
of less than 24 hours per day, and where the parents or guardians
are not immediately available to the child. It includes a facility
which provides care for not less than two consecutive weeks, regardless
of the number of hours of care per day.
Churches, synagogues, mosques, church schools, church residences
and church-owned land used for related church functions.
A facility that produces cider, whether fermented or unfermented,
brandy from fruit, or a combination of both.
[Added 7-13-2017]
The unobstructed view across a corner space which is created
by the intersection of two vehicular ways that allows a motorist to
see oncoming traffic or pedestrians. This vision area shall be clear
of any opaque obstructions within a specified distance along or from
the right-of-way line(s) of all streets and drives. (See Figure 4-6.)
 |
A building where animal patients, who may or may not be lodged
overnight, are admitted for examination and treatment by a veterinarian
or similar professionals.
A building where human patients, who are not lodged overnight,
are admitted for examination and treatment by a group of physicians,
dentists, or similar professionals.
A development where structures are arranged in closely related
groups; units are typically of the same type or design character and
built at densities in certain areas of a site while preserving the
natural features in others on the same site.
As it applies in this chapter, "cold storage" pertains to
the cooperative keeping of farm produce or goods under climate-controlled
conditions for more than one farm or agricultural enterprise.
An outdoor recreational facility, including but not limited
to campgrounds, athletic fields, a golf course, racetrack or other
spectator/participatory facility that charges a fee for its utilization.
An activity carried out for monetary gain, including but not limited to retail sales, repair service, or, business offices, food service, entertainment and brokerages, as is found in Article VI.
Any motor vehicle which has a commercial license and which
has a gross vehicle weight rating (GVWR) of over 10,000 pounds and
which is used for commercial uses.
A parcel or parcels of land together with the improvements
thereon, the use, maintenance and enjoyment of which are intended
to be shared by the owners and occupants of the individual building
units in a planned unit development.
A retail facility, which includes but is not limited to the
following: department store, automobile dealership, office equipment,
or similar uses. This type of shopping facility normally serves a
regional market and may be located in close proximity to one another,
such as in shopping malls or along a commercial corridor. A comparison
retail business provides the consumer with the opportunity to compare
things such as price, quality and name brand.
The statement of policy by the Planning Commission and Township
Board of Trustees relative to the agreed-upon and officially adopted
guidelines for a desirable physical pattern for future community development.
The plan consists of a series of maps, charts, and written material
representing in summary from the soundest concept for community growth
to occur in an orderly, attractive, economical, and efficient manner,
thereby creating the very best community living conditions. It is
a blueprint for decisionmaking for the future development and framework
of the community.
The ownership of a dwelling unit and the space enclosed by
the description thereof as contained in the master deed for the complex
or project established in conformance with the provisions of the condominium
Act 59 of 1978, as amended, MCLA § 559.101 et seq.
A "site condominium" is a development containing residential, commercial, office, industrial or other structures or improvements for uses permitted in the zoning district in which it is located, in which each co-owner owns in common with the other owners a specific amount of land space for common use, and in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a "condominium unit," as described in the master deed. (Also see § 1-9.9 for site condominium-specific definitions.)
A parcel of land, building or structure, or a portion thereof,
used to store trucks, excavating equipment, supplies, tools, or materials
utilized by construction contractor, subcontractors, and builders.
Lots or parcels in physical contact or touching along some
portion of a lot line, and includes lots that are separated only by
a lawful roadway or accessway and sharing some common road frontage
determined by extending the side lot lines of the lots into the roadway.
All lots owned by one person and adjoining/contiguous to each other
are considered contiguous.
[Amended 9-14-2023]
A residential facility designed to provide a range of personal
and medical care services to chronically ill or disabled individuals,
and which is licensed by the State of Michigan.
A retail, office, restaurant, tavern, service business, or
other commercial use which is operated from a single building.
Establishments which sell primarily goods which are edible
or disposable in small quantities directly to the consumer and usually
situated in a freestanding building.
See "lot, corner."
Any space accessible with less height than a basement under
a structure.
A street with an inlet/outlet at only one end and a turnaround
area of no less than 60 feet in diameter at the other end.
A condition or activity which occurs on a parcel of land
in connection with the commercial production of farm products and
includes but is not limited to noise, odors, dust, fumes, operation
of machinery and irrigation pumps, ground and aerial seeding and spraying,
the application of chemical fertilizers, insecticides and herbicides,
and the employment of labor when such conditions or activities are
conducted in a usually or generally accepted manner (see "farm").
The number of dwelling units situated on or to be developed
on a net acre of land.
"Gross density" means a figure which equals the total number
of dwelling units on a lot divided by the total number of acres included
in the lot.
"Net density" means a figure which equals the total number
of dwelling units on a lot divided by the total number of acres included
in the lot, excluding any lot area owned by a government entity used
as a public or private street, located within a designated floodplain
area or occupied by a nonresidential use.
The construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure and mining
excavation, land filling or land disturbance and any extension of
an existing use of land.
Commercial enterprises that permit the consumer to do business
or be entertained without leaving his car.
A private access to a single parcel of land, not including
a site condominium.
A single unit providing complete, independent living facilities,
including permanent provisions for living, sleeping, eating, cooking,
and sanitation for permanent residents of one family for 30 days or
more.
[Amended 6-9-2022]
A building or structure under one roof designed for occupancy
by three or more persons or families, each occupying a single, complete
independent dwelling/housing unit. Such a building often has a common
heating, electrical or water system (but may be metered separately)
and may also have common hallways, stairs or elevators.
A detached building, including a mobile home, designed for
or occupied as one dwelling unit with common cooking and utilities,
and complies with the following regulations:
A single-family dwelling, including mobile homes and manufactured
housing, shall have a minimum area of not less than 1,040 square feet
and a minimum width of 20 feet across any horizontal elevation, exclusive
of basements, garages, porches and breezeways, unless otherwise allowed
in the zoning district.
[Amended 10-9-2014; 11-13-2014]
All single-family dwellings shall comply with the pertinent
building code.
The dwelling shall be placed upon and secured to a permanent
foundation in accordance with the State Building Code and, where applicable,
the manufacturer's installation instruction.
The foundation shall be concrete blocks or a poured foundation
if the dwelling is not placed upon a basement or crawl space.
If the dwelling is manufactured off the site, it shall be installed
with the wheels removed. In addition, a dwelling shall not have an
exposed towing mechanism, undercarriage or chassis.
A building containing two dwelling units.
An interest in or right over land of another, providing access
to the property (i.e., as in utility easement).
The construction, alteration, reconstruction, moving upon,
or any other physical activity upon a lot.
The erection, construction, alteration or maintenance, by
public utilities or municipal departments or commissions, of overhead
surface or underground gas, electrical, steam, petroleum, or water
distribution or transmission systems, collection, communication, supply
or disposal systems, including mains, drains, sewers, pipes, conduits,
tunnels, wires, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, towers, poles, and similar equipment and accessories
in connection therewith, but not including buildings except those
necessary to house the foregoing, reasonably necessary for the department
or commission or for the public health or safety or general welfare
shall be permitted as authorized or regulated by law and other ordinance
of the pertinent jurisdiction in any use district, it being the intention
thereof to except such erection, construction, alteration, and maintenance
from the application of this chapter, except electrical substations
and gas regulator stations which require a special use permit as provided
elsewhere in this chapter.
Removal or recovery, by any means whatsoever, of soil, rock,
sand, gravel, peat, muck, marrow, shale, limestone, clay, or other
mineral or organic substances other than vegetation from water or
land, whether exposed or submerged.
The use of a parcel of land or a structure at the time of
the enactment of this chapter or amendment thereof.
A chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion that contains
any oxidizing and combustible units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction, by concussion,
by percussion or by detonator of any part of the compound or mixture
may cause such a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing destructive effects
on contiguous objects or destroying life and limb.
An individual, two or more persons related by marriage or
adoption, or a group not to exceed six persons not related by blood
or marriage, occupying premises and living as a single nonprofit housekeeping
unit with single culinary facilities as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity, hotel
or similar dwelling for group use. Domestic servants residing on the
premises shall be considered as part of the family.
A complete, self-contained dwelling created within an existing
single-family home or a separate detached dwelling. Family accessory
housing is not considered a two-family or multifamily dwelling for
purposes of this chapter. It has its own kitchen, bath, living area,
and sleeping area and is occupied by persons who are related by blood,
marriage, or adoption to those persons occupying the principal dwelling
unit. For a separate detached dwelling to qualify as a family accessory
housing, it must:
[Amended 4-12-2018]
Not be leased or rented; and
The land must be able to be split so as to create two parcels,
each containing one of the aforementioned dwellings, by a future property
owner taking into consideration setback, available splits under the
Land Division Act,[1] vehicular access, and other zoning requirements.
A parcel of land being actively used for agricultural purposes
except as exempted by state or federal agencies.
A structure intended for use as a barrier to property ingress
and egress, as screen from objectionable vista, noise, and/or for
decorative use. A fence may be living as in a hedge or other plantings.
A structure to prevent the passage of light and to screen
and separate a use.
The depositing or dumping of any matter into or onto the
ground except common household gardening and general maintenance.
That area of land adjoining a lake, river or stream, which
will be inundated by a base flood.
The ratio between the amount of floor area permitted to be
constructed on a building lot and the size of the lot.
The area within the perimeter of the outside walls of the
building under consideration, without deduction for hallways, stairs,
closets, thickness of walls, columns, or other features. (See Figure
4-7.)
 |
That area used for or intended to be used for the sale of
merchandise or services, or for use to serve patrons, clients or customers.
Such floor area that is used or intended to be used for hallways,
stairways, and elevator shafts, utility or sanitary facilities or
the storage or processing of merchandise shall be excluded from this
computation of usable floor area. Measurement of usable floor area
shall be the sum of the horizontal areas of each story of a structure
measured from the internal faces of the exterior walls.
See "yard, front."
An accessory building used for parking or storage of vehicles
as may be required in connection with the permitted use of the principal
building.
Stores which sell dry goods, packaged foods, hardware, appliances,
computers, jewelry and other similar merchandise directly to the public.
A building or buildings which shall serve as essential services
and safety of the community, but shall not serve as a residential
facility.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line.
A provision in a newly adopted zoning ordinance regulating
certain conduct or activities that allows the regulated activity to
continue as previously conducted or otherwise exempts it from compliance
with the new ordinance. Changes to expand or alter a structure, land
or use shall require compliance with the provisions of the particular
section of this chapter covering the district in which the building,
use or land is located.
See "floor area, gross."
Grasses or other plant growth or commonly accepted material
to keep soil from being blown or washed away.
Any solid, liquid or gaseous substance that when dumped,
spilled or released into the surrounding environment poses a risk
to public or environmental health, safety or welfare upon exposure
to such material.
The vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to
the highest point of the structure.
An occupation, profession or hobby allowed within a dwelling
unit or accessory building and carried on by the inhabitants thereof,
as well as their employees, which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes. It does not change
the character thereof, and does not endanger the health, safety, and/or
welfare of any 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, profession or hobby.
Also known as "cottage industry," "home-based business," "home marketing
network," or "home interactive distribution or marketing."
[Amended 7-13-2017]
An occupation, profession or hobby carried on within a dwelling unit, or an accessory structure and carried on by the residents themselves, employees, subcontractors, and agents, whether for consideration or gratuitously. A major home occupation cannot change the character of the property, and cannot endanger the health, safety, and/or welfare of any 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, profession or hobby. The following is prohibited unless the Township explicitly allows for it in the granting of the special use permit, and it is carried on in compliance with all Township ordinances, as well as state and federal laws and regulations (Article IX, § 1-9.8B(2) to (4) and C(2), does not apply to major home occupations):
[Added 4-12-2018]
The carrying on of the occupation, profession or hobby outside
of a wholly enclosed structure;
The outdoor storage of materials, equipment, or accessory items
and/or display of materials, goods, or supplies used in the conduct
of the home occupation;
The employment of more than four people in a given month (including
residents themselves, employees, agents, and subcontractors); and
The sale of goods to the public that are not manufactured on
site (manufacturing does not include repackaging, slight modifications
to color, form, and other modifications to purchased goods that do
not result in a substantial transformation of the previous good to
a good that is distinct in form from the modified good).
A building containing six or more guest rooms, intended or
designed to be used, or which are used, rented or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
Any domesticated dog, cat or other animal kept for friendship
or hunting purposes. Household pets do not include wild or exotic
animals as defined by state law.
A structure, building, or parcel of land, or portion thereof,
utilized or inherently designed to be utilized for the purpose of
production, manufacturing, processing, cleaning, testing, rebuilding,
assembly, distribution, finishing, construction or printing of goods
or products and related research and development facilities, or salvage
operations.
A vehicle, as defined in Act 300 of 1949,[2] as amended, which by reason of dismantling, disrepair
or other cause is incapable of being propelled under its own power,
and which condition exists and continues for a period of 30 days and
which has no current State of Michigan license or registration properly
attached, except upon a showing to the Township Board of undue hardship
or other extenuating circumstance. Removal shall be at owner's expense.
This term means the amount of activity associated with a
specific land use. Intensity of land use shall be determined by the
Township based on, but not limited to, the following criteria:
Amount of vehicular traffic generated;
Amount of pedestrian traffic generated;
Noise, odor and air pollution generated;
Potential for litter;
Type and storage of materials connected with the operation;
Total residential units and density, where applicable; and
Total building coverage on the parcel.
Miscellaneous dry, solid waste material resulting from housekeeping,
mercantile and manufacturing enterprises and offices, including, but
not limited to, scrap metals, rubber and paper; abandoned, wrecked,
unlicensed and inoperable automobiles and motor vehicles; rags, bottles,
tin cans, and comparable items.
Any land or building used for the abandonment, storage, keeping,
collecting, or baling of paper, rags, scrap metals, other scrap or
discarded materials, or for abandonment, demolition, dismantling,
storage or salvaging of automobiles or other vehicles or machinery,
or parts thereof.
Any lot or premises used for the commercial sale, boarding,
or treatment of dogs, cats or other domestic animals and which has
a license from the Animal Control Office.
An arrangement of elements which may include plant materials,
such as trees, shrubs, ground covers, perennial and annual plants;
landscape elements such as rocks, water features, fences, screens,
walls, paving materials, and site lighting; and site furnishings such
as benches, drinking fountains, trash receptacles, and planters for
aesthetic and functional purposes.
A utility-scale solar energy system where the primary use
of the land is to generate electric energy or other energy by converting
sunlight, whether by photovoltaic devices or other conversion technology,
for the sale, delivery or consumption of the generated energy with
a capacity greater than one megawatt (MW).
[Added 7-9-2020]
A parcel of land, excluding any portion in a street or road
right-of-way, of at least sufficient size to meet the minimum requirements
for use, coverage and lot area, and to provide such setback area and
other open space as required by this chapter. Such lot shall have
access to a public street and may consist of:
A single lot of record;
A portion or portions of lot(s) of record;
Any combination of complete and/or portions of lots of records;
or
A parcel of land described by metes and bounds, provided that
in no case of division or combination shall the area of any lot or
parcel created, including residuals, be less than that required by
this chapter.
Lots can be corner, interior, or double frontage.
The area of land within the boundary of a lot excluding any
part under water, and, in addition, it is the area of land bounded
by any back lot line, the right-of-way line of the highway on which
it fronts, and the side lot lines intersecting the back lot line and
extending to the right-of-way line of the roadway.
The percent of the lot occupied by buildings or structures,
including accessory buildings or structures.
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines.
That line which abuts a street or private road. For an existing
lot of record serviced by an easement or other established access,
the front line shall be that line which abuts said easement or access.
Generally considered to be the line that is opposite from
the front lot line and also farthest in distance from the front lot
line.
A lot existing prior to April 1, 1997, being the effective
date of the Land Division Act (P.A. 288 of 1967, as amended)[3] and recorded in the office of the County Register of Deeds.
For the purposes of this chapter, land contracts and purchase options
not recorded in the County Register of Deeds's office, but dated and
fully executed prior to the effective date of this chapter, or prior
ordinances, shall also constitute a lot of record.
Lot width shall be measured as follows:
LOT WIDTH WITH PARALLEL SIDE LOT LINESThe required width shall be measured on a straight line, which is perpendicular to the side lot lines. No part of such measuring line shall be closer to the front property line than the depth of the required front yard.
LOT WITH NONPARALLEL SIDE LOT LINEThe required lot width shall be measured on a straight line, which shall be a measuring line, which is parallel to a straight line, which connects the side lot lines where they intersect the front property line. The measuring line shall be located at least the distance of the required front yard from the front property line. If the measuring line is located behind the rear line of the required front yard, the measuring line shall be the front building line.
The required minimum straight-line distance between the side
lot lines where they intersect the front property lines shall be determined
as follows:
Lots created after the effective date of this chapter having
a lot area of less than 25 acres shall have a lot width which is equal
to or greater than 1/4 the depth of the lot.
A lot that is situated at the junction of at least two streets,
at which the angle of intersection is no greater than 135°. This
chapter specifies that corner lots have two front yards, one rear
yard and one side yard.
Any lot, parcel or tract of land under the control or management
of any person, occupied or designated for occupancy by more than two
mobile homes, and including any accessory buildings, structures or
enclosures comprising facilities used by the park residents. Such
shall comply with the provisions of this chapter and P.A. 419 of 1978,
as amended.
[Added 12-12-2019; amended 6-11-2020]
The term includes any of the following:
GROWER FACILITYLimited to facilities with a marihuana grower license, of any class, issued under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended,[4] or its equivalent license under the Michigan Regulation
and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as
amended,[5] as well as the state rules promulgated under the respective
statutes, and as licensed by the Township.
PROCESSOR FACILITYLimited to facilities with a processor license issued under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended, or its equivalent license under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended, as well as the state rules promulgated tuider the respective statutes, and as licensed by the Township.
SAFETY COMPLIANCE FACILITYLimited to facilities with a safety compliance facility license, issued under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended, or its equivalent license under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended, as well as the state rules promulgated under the respective statutes, and as licensed by the Township.
RETAIL FACILITYLimited to facilities with a provisioning center license issued under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended,[6] or a marihuana retailer license under the Michigan Regulation
and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as
amended,[7] as well as the state rules promulgated under the respective
statutes, and as licensed by the Township.
[Added 10-13-2022]
The term does not include a facility with a designated consumption establishment, marihuana event organizer license, or any other license, including special licenses, under the MMFLA and MRTMA, as amended, or under the state rules promulgated under the respective statutes, or a facility without a license under the MMFLA or MRTMA, as no facilities other than those enumerated in Subsection A(1) through (5) above are permitted in the Township.
[Amended 10-13-2022]
"Equivalent license" is as that term is defined under the MRTMA.
A facility that manufacturers any beverage obtained by alcoholic
fermentation of an infusion or decoction of barley, malt, hops, or
other cereal grains in potable water.
[Added 7-13-2017]
The smallest or least area of a parcel allowed in said district.
A building or portion thereof designed or used exclusively
for storing personal property of an individual or family when such
is not located on the lot with their residence. Personal property
may include, but is not limited to, passenger motor vehicles, house
trailers, motorcycles, boats, and campers, which are generally stored
in residual accessory structures.
A vehicular, portable structure built on a chassis and designed
to be used without a permanent foundation as a dwelling when connected
to required utilities and which is, or is intended to be, attached
to the ground, to another structure, or to a utility system on the
same premises for more than 30 consecutive days. A mobile home does
not include a recreational vehicle.
An assembly of materials or products intended to comprise
all or part of a building or structure and that is assembled at other
than the final location of the unit of the building or structure by
a repetitive process under circumstances intended to ensure uniformity
of quality and material content. The term is intended to include mobile
homes.
Please see "hotel."
A motor vehicle designed to be utilized as temporary living
quarters normally for recreation, camping or travel purposes, having
kitchen or bathroom facilities, or both.
A structure having three or more dwelling/housing units under
a single roof and often having a common heating, electrical or water
system (but may be metered separately) and may also have common hallways,
stairs or elevators.
Structures from which the start of construction commenced
on or after the effective date of this chapter.
A building or structure (or portion thereof) lawfully existing
at the time of adoption of this chapter, or a subsequent amendment
thereto, that does not conform to the provisions of this chapter relative
to height, bulk, area, placement or yards for the zoning district
in which it is located.
A lot, the area, width, or other characteristic of which
fails to meet requirements of the zoning district in which it is located
and which was conforming ("of record") prior to enactment of this
chapter.
A building, structure, plot, premises or use of land lawfully
existing at the time of the effective date of this chapter which does
not conform to the regulations of the district in which it is situated.
An activity consisting of an unlawful or unreasonable use
of property by an individual that causes injury or damages to another
or to the public in general. Common examples include excessive noise,
odor, smoke or vibration.
A written document received from the Building Official stating
that the Township Building Code, as amended, and this chapter have
been complied with as they apply to the construction of a building
or structure and the use of a lot and that the building may now be
occupied for its designated purpose.
The ratio between open space on the lot, whether required
or not, and the total lot area.
See "required open space."
A person who lawfully controls the possession of real or
personal property.
A parcel of land, building, or structures used for recreational
purposes, including but not limited to playgrounds, sport fields,
game courts, trails, picnicking areas and leisure time activities.
A land area of not less than 10 feet by 20 feet exclusive
of driveways and aisles, and so prepared as to be usable for the parking
of a motor vehicle, and so located as to be readily accessible to
a public street or alley.
General criteria that are set to ensure that particular structure,
type of land use or development will be able to meet certain minimum
standards or that its effects on the community will not exceed set
limits.
Any person who has resided in the same dwelling for a continuous
period of 30 or more days is construed as a permanent resident for
the purpose of this chapter.
[Added 6-9-2022]
Uses which include but are not limited to dentists, physicians,
barbers, beauticians, attorneys and similar services.
A parcel of land which is planned and developed as a single
entity containing residential clusters consisting of individual and
multiple building sites and common open space property which may contain
varied residential dwelling types, institutional uses or office development,
and which is designated and developed under one owner or organized
group as a neighborhood or a community unit.
Land most efficiently suited to the production of row, forage
and fiber crops.
The main structure to which the premises is devoted.
The main use to which the premises are devoted and the principal
purpose for which the premises exist.
Privately owned and maintained roads constructed to County
Road Commission standards and characterized by a joint operating agreement
that runs with the land and binds the benefited parcels; is formally
named and so marked; and includes other requirements specified by
the Township Board.
A use of land or building which is not permitted within a
particular land development district and includes other requirements
specified by the Township Board.
A recorded land contract agreement or recorded deed conveying
to the purchaser interest in real estate and/or any assignments of
the purchaser's interest thereof.
Any person, firm, corporation, municipal department or board
authorized to furnish the public electricity, gas, steam, sanitary
sewer, telephone, telegraph, transportation, or water service.
Any exterior space designated by a site plan for containers,
structures, or other receptacles intended for temporary storage of
solid waste materials.
The upgrading of an existing building or part thereof which
is in a dilapidated or substandard condition.
The yard space of a lot which is established by and between
the street, or the lot lines and required setback line and which shall
be open, unoccupied and unobstructed by any structure or any part
thereof, except as otherwise provided in this chapter.
An establishment where food and/or beverages are cooked or
prepared and offered for sale and where consumption is permitted on
the premises whether, or not entertainment is offered, and includes
establishments commonly known as "bars," "grills," "cafes," "taverns"
and "nightclubs," permitting consumption on the premises.
The reconstruction or replication of an existing building's
original architectural features.
See "comparison retail business."
A street, alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
A structure for the display and sale of agricultural/garden
products.
An area of a dwelling unit, not including bathrooms, closets
and kitchens.
A fence, landscaping, berm, or combination thereof that obscures
the view from one site to another to a reasonable extent.
The minimum horizontal distance between the road right-of-way
line and a building or structure.
A line parallel with and at the minimum required distance
from the road right-of-way line.
The rental of a dwelling unit, as defined herein, or any
portion of a dwelling unit, for a term of not more than 30 consecutive
days.
[Added 6-9-2022]
Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services (see Article XI).
[Amended 4-12-2018]
Any number of photovoltaic devices connected to provide a
single output of electric energy or other energy.
[Added 7-9-2020]
Garbage, rubbish, paper, cardboard, metal containers, yard
clippings, wood, glass, bedding, crockery, demolished building materials,
ashes, incinerator residue, street cleaning, municipal and industrial
sludge, and solid commercial and solid industrial waste, animal waste,
but does not include human body waste, liquid or other waste regulated
by statute, ferrous products, and slag or slag products directed to
a slag processor or to a user of slag or slag products.
A facility where special events are permitted to occur under
this section. Special event facilities are subject to a use agreement
between a private group or individual and the facility owner. The
facility owner may or may not charge a fee for the use of the facility,
such as for a fund-raiser for a charitable nonprofit organization.
Facilities may operate entirely within a structure, outside of a structure,
or both inside and outside a structure. Facilities must include physical
improvements necessary to accommodate special events, such as access
and circulation improvements, parking areas, and water supply and
sewer systems.
[Added 4-12-2018]
A celebration, ceremony, wedding, reception, corporate function,
or similar activity for the benefit of someone other than the property
owner that takes place on a periodic basis, involving the gathering
of individuals assembled for the common purpose of attending a special
event. Uses, including private parties, gatherings, and similar activities,
that are not subject to a use agreement between a private individual
or group and the homeowner are not defined as a "special event" and
are not regulated under this section.
[Added 4-12-2018]
A permit recommended by the Planning Commission and approved
by the Township Board of Trustees to a person or persons intending
to undertake the operation of a use upon land or within a structure
or building specifically identified in the affected zoning district
under special uses authorized by permit. These special uses possess
unique characteristics and are found to be not injurious to the health,
safety, convenience, and general welfare of the Township's inhabitants.
The assignment of a zoning classification different from
the surrounding zoning classifications to a relatively small land
parcel. The term is usually employed when the use classification is
intended to benefit a particular property owner and is incompatible
with the surrounding area.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between the floor and the ceiling above
it.
A public, dedicated right-of-way which affords traffic circulation
and principal yard means of access to abutting property.
Any building change in the supporting members of a building,
such as bearing walls, columns, beams or girders, or any substantial
changes in the roof and exterior walls. A "structure" is anything
constructed or erected, the use of which requires location on the
ground or attached to something having location on the ground.
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 and that is not exempted
from the platting requirements of the Land Division Act. The subdivision
plat (a map or chart depicting the subdivision of land) is regulated
by the Land Division Act (Public Act 591 of 1996, as amended, MCLA § 560.101
et seq.).
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either: any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications, or any alteration of a structure listed
on the National Register of Historic Places or State Inventory of
Historic Places.
Any structure or container located either above or below
grade designed to hold water to a depth of greater than 24 inches,
intended for swimming or bathing. A swimming pool shall be considered
as an accessory structure for the purposes of determining required
yard spaces and maximum lot coverage.
Structures which are nonpermanent and utilized incidental
to construction activity.
A radio, telephone, cellular telephone or television relay
structure of skeleton frame work, or monopole attached directly to
the ground or other structure utilized for the transmission or reception
of radio, telephone, cellular telephone, television, microwave, or
any other form of telecommunication signals. Not included in this
definition are citizen's band radio facilities, short wave facilities,
ham and amateur radio facilities, residential television reception
antenna/satellite dishes, and governmental facilities which are subject
to state and federal law or regulations that preempt municipal regulatory
authority.
Towers erected for communication and/or reception and used
privately for commercial purposes.
A vehicular portable structure built on a chassis, which
is less than 35 feet in length and is of such a width and weight as
not to require special highway movement permits when drawn by a vehicle.
Any term not defined herein shall have the meaning of common
or standard use.
See "floor area, usable."
A modification of the literal provisions of the zoning ordinance
granted in specific cases when strict enforcement of this chapter
would cause practical difficulty owing to circumstances unique to
the individual property on which the variance is granted.
A building or portion thereof used for storage of goods,
merchandise or other property not permitted in a mini warehouse. This
shall not be deemed to include the storage area in connection with
a purely retail business when located on the same property.
An open conduit, either naturally or artificially created,
which periodically or continuously contains moving water, draining
an area of at least two acres.
A system designed to convert the energy of wind movement
into mechanical power. It includes any combination of the following:
[Added 7-9-2020]
A mill or machine operated by wind acting on oblique vanes or
sails that radiate from a horizontal shaft;
A surface area such as a blade, rotor, or similar device, either
variable or fixed, for utilizing the wind for electrical or mechanical
power;
A shaft, gearing, belt, or coupling utilized to convert the
rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity-producing device;
The generator, alternator, or another device to convert the
mechanical energy of the surface area into electrical energy;
The tower, pylon, or other structure upon which any, all, or
some combination of the above are mounted.
Any other components not listed above but associated with the
normal construction, operation, and maintenance of a wind energy conversion
system.
A facility that produces wine, brandy, or a combination of
both.
[Added 7-13-2017]
An open, unoccupied space extending the full width of the
lot between the front property line and the nearest line of the principal
building on the lot. (See Figure 4-8.)
The minimum required yard extending the full width of the
lot and situated between front property line and the front building
line, parallel to the street line. The depth of the required front
yard shall be measured at right angles to the street line in the case
of a straight street line, and radial to the street line in the case
of a curved street line.
An open, unoccupied space extending the full width of the
lot between the rear property line of the lot and the rear line of
the principal building on the lot. (See Figure 4-8.)
The minimum required yard extending the full width of the
lot and situated between a rear property line and the rear building
line, parallel to the rear property line. The depth of the required
rear yard shall be measured at right angles to the rear property line.
An open, unoccupied space on the same lot with the principal
building, between the side line of the principal building and the
adjacent side property line and extending from the rear line of the
front yard to the front line of the rear yard. (See Figure 4-8.)
The minimum required yard extending between the front yard
and rear building lines and situated between a side property line
and the side building line, parallel to the side property line. The
width of the required side yard shall be measured at right angles
to the side property line.
The dividing of the Township or community into districts
of a number and shape considered best suited to carry out the purposes
of the Michigan Zoning Enabling Act, Act 110 of 2006,[8] as amended, and the creation of uniform regulations throughout
each individual district. Such districts are referred to as "zoning
districts" in this chapter.
See "building official."
The Zoning Board of Appeals as established and described by this chapter (see Article V).
[1]
Editor's Note: See MCLA § 560.101 et seq.
[2]
Editor's Note: See MCLA § 257.1 et seq.
[3]
Editor's Note: See MCLA § 560.101 et seq.
[4]
Editor’s Note: See MCLA § 333.27101 et seq.
[5]
Editor’s Note: See MCLA § 333.27951 et seq.
[6]
Editor's Note: See MCLA § 333.27101 et seq.
[7]
Editor's Note: See MCLA § 333.27951 et seq.
[8]
Editor's Note: See MCLA § 125.3101 et seq.
