The following rules of interpretation apply to the text of this
chapter:
A.
The particular shall control the general.
B.
In the case of any difference of meaning or implication between the
text of this chapter and any caption or illustration, the text shall
control.
C.
The word "shall" is always mandatory and not discretionary. The word
"may" is permissive.
D.
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural, and the plural
the singular, unless the context clearly indicates the contrary.
E.
The word "erected" shall include the moving upon the land of any
structure, including mobile homes.
F.
A "building" or "structure" includes any part thereof.
G.
The phrases "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for"; are all intended to be
synonymous phrases.
H.
The word "person" includes an individual, corporation, partnership,
incorporated association, trust, joint venture, or any other entity
of any kind, or a combination thereof.
I.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected
by the conjunction "and" or "or," the conjunction shall be interpreted
as follows:
J.
The word "he" shall mean "he" or "she."
K.
The provisions of this chapter are intended to impose the minimum
requirements adopted to promote the public health, safety, and general
welfare, and shall be interpreted and applied accordingly.
L.
Any word or term not specifically defined in § 42-2.02 or elsewhere in this chapter shall be considered to be defined in accordance with its most applicable customary or common meaning.
M.
Any reference in this chapter to a specific law is intended to also
include any amendment of that law, and any subsequently enacted superseding
law on the same subject matter.
For the purpose of this chapter the following terms and words
are herein defined, and these definitions shall apply in the interpretation
and enforcement of this chapter unless otherwise specifically stated:
A type of waterfront lot providing for private or common
(semiprivate) access to a waterway for one or more access lot beneficiaries.
An access lot includes the buffer strips required herein.
The owners/occupants of an offshore lot or waterfront lot, and any other person with a right of access to a waterway and/or use of a waterway through a waterfront lot, in whole or in part, by fee ownership, easement, lease, license, gift, business invitation, or any other form of conveyance, dedication, permission, or access/use rights. Members of the same family, as defined by § 42-2.02 of this chapter, shall be collectively considered as one access lot beneficiary.
A subordinate building or a portion of a principal building,
the use of which is incidental to that of the principal building it
serves and which, unless expressly permitted otherwise in this chapter,
is located on the same lot as the main building.
A use of a building, lot or portion thereof, which is customarily
incidental and subordinate to the principal use of the main building
or lot.
The production for commercial purposes and sale for the purpose
of obtaining a profit in money by the raising, harvesting, and selling
of crops and forage; by feeding or breeding or management and sale
of, or the produce of, livestock, poultry, fur-bearing animals, or
honey bees; or for dairying and the sale of dairy products of animal
husbandry or any combination thereof; or any other agricultural, aquacultural,
horticultural or floricultural use such as fruits, plants, ornamental
trees, timber, shrubs, nursery stock, and vegetables, including in
each instance the right to sell at wholesale or retail from the premises
any goods or products produced thereon; but not including any such
land use specifically designated in this chapter.
The use of land for raising crops and livestock or poultry,
but not including concentrated animal feeding operations, as defined
herein.
A passage or way open to public travel affording generally
a secondary means of vehicular access to abutting lots and not intended
for general traffic circulation.
Any change, improvement, or repair to the structure that
results in a change or modification to the exterior dimension of said
structure. Roofing, siding, insulation, etc., shall not be construed
to be a change in the exterior dimension.
A building used and/or arranged for rental occupancy, or
cooperatively owned by its occupants, having three or more family
units, and with a yard, compound, service or utilities in common.
Any vehicle with four or more wheels, which is self-propelled
by an engine or motor, and designed for the transporting of the operator
and accompanying passengers, on public roads. An automobile includes
any passenger car, station wagon, suburban, van, panel or pickup truck
of a light delivery type none of which may exceed 8,500 pounds of
gross vehicle weight (weight of vehicle and load capacity).
An enclosed building which is located on a farm and used
either for the shelter of farm animals, storage of farm produce and/or
equipment.
That portion of a building below the first-floor joists,
at least half of whose clear ceiling height is above the level of
the adjacent ground.
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A private residence, owned and occupied by the innkeeper,
that offers sleeping accommodations to transient tenants in five or
fewer rooms for rent; is the residence in which the innkeeper resides
while renting the rooms; and in which breakfast is provided to tenants
at no extra cost.
Any renewable fuel product, whether solid, liquid, or gas,
that is derived from recently living organisms or their metabolic
by-products and that meets applicable quality standards, including,
but not limited to, ethanol and biodiesel; but not including methane
or any other fuel product from an anaerobic digester. For purposes
of this term "ethanol" means a substance that meets the ASTM international
standard in effect on July 19, 2011, as the D-4806 specification for
denatured fuel grade ethanol for blending with gasoline.
A dwelling in which lodging, with or without meals, is furnished
to guests for compensation.
A permanent structure constructed on the land or over the
water for the purpose of providing shelter for one or more boats.
A portion of an access lot, required to be established and
preserved as a natural barrier between the usable portion of the access
lot and an adjacent lot.
A structure having one or more stories and a roof, designed
primarily for the shelter, support or enclosure of persons, animals
or property of any kind.
The vertical distance from the natural grade to the highest
point of the roof surface for flat roofs, to the deck line of mansard
roofs; and to the highest peak for gable, hip and gambrel roofs. Where
a building is located on sloping terrain, the height shall be measured
from the highest natural grade around the perimeter of the building
foundation wall.
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A line beyond which the foundation wall or any porch, vestibule,
raised patio or other portion of building shall not project.
A use on a parcel or tract of land licensed by the state
for camping in tents and/or recreational vehicles on a temporary recreational
basis.
Includes rest and nursing homes, convalescent homes and boardinghomes
for the aged; established to render nursing care for chronic or convalescent
patients but excludes facilities for care of active or violent patients
such as feeble-minded or mental patients, epileptics, alcoholics,
senile psychotics, or drug addicts.
See "basement."
A facility for the care of children under 18 years of age,
as licensed and/or registered and regulated by the state under Act
No. 116 of the Public Acts of 1973[1] and the associated standards and rules promulgated by
the State Department of Social Services. Such organizations shall
be further defined as follows:
CHILD-CARE CENTER or DAY-CARE CENTERA facility, other than a private residence, receiving one or more preschool age children for group care for periods of less than 24 hours a 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. The facility is generally described as a child-care center, day-care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Child-care center" or "day-care center" does not include: 1) a Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not greater than three hours per day for an indefinite period, or not greater than eight hours per day for a period not to exceed four weeks during a twelve-month period; or 2) a facility operated by a religious organization where children are cared for not greater than three hours while persons responsible for the children are attending religious services.
FAMILY CHILD-CARE HOMEA private home which is the bona fide private residence of the operator of the family day-care home and in which one or more, but less than seven, minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
GROUP CHILD-CARE HOMEA private home which is the bona fide private residence of the operator of the group day-care home and in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
A building whose primary purpose is to provide a place where
persons regularly assemble for religious worship which is maintained
and controlled by a religious body organized to sustain public worship
for a local congregation.
To place or install wireless communications equipment on
an existing wireless communications support structure or in an existing
equipment compound.
The NCC Neighborhood Convenience Commercial District, the
HSC Highway Service Commercial District, the HCI Heavy Commercial
and Industrial District and any other subsequently established zoning
district which includes "C" or "Commercial" in its title.[2]
Ownership by the same individual(s) or entity; provided that
property owned by one or both spouses, and corporations or other entities
in which two or more directors are the same individual (or their spouses),
shall be considered to have the same ownership for purposes of this
chapter. This term is intended to be synonymous with the term "single
ownership."
CONDOMINIUM COMMON ELEMENTThat portion of a condominium project designed and intended for joint ownership and/or use by the owners of individual condominium units, as described in the master deed for the condominium project.
CONDOMINIUM PROJECTA development plan or project consisting of not less than two condominium units established in conformance with the Michigan Condominium Act (P.A. 59 of 1978, as amended).[3]
CONDOMINIUM PROJECT PLANThe drawings and technical information prepared in compliance with this chapter and the Michigan Condominium Act (P.A. 59 of 1978, as amended)[4] for review by the Planning Commission.
That portion of a condominium project designed and intended
for separate ownership and use, as described in the master deed for
the condominium project. The functional equivalent of a "lot."
A place of business for contractors providing personal services
directly to their clients in the electrical, plumbing, heating, painting,
woodwork or similar occupations where any production, assembly or
fabrication of a product is installed or applied by the owner and
where there is no manufacturing, assembling or fabrication of products
for other persons or businesses.
A structure consisting primarily of flooring which is raised
above the ground level, which may be constructed as part of the principal
building, or may be constructed as an accessory structure.
The number of dwelling units occupying, or to be developed
upon, a net acre of land.
An establishment licensed by the State of Michigan as a manufacturer
of spirits.
An area within which certain uses of land and buildings are
permitted and all others are prohibited; yards and other open spaces
are required; and lot areas, building height limits, and other requirements
are established. This term and the term "zone" mean the same thing
as used in this chapter.
A platform, either permanent or portable, extending over
a body of water, from which one can fish, swim, and moor or board
boats.
A building or portion thereof arranged or designed to provide
living facilities for a single family, complying with the following
standards:
Minimum square footage requirements as set forth in Article 6.00.
A core area of living space of at least 20 feet by 20 feet in
size.
Permanently attached to a solid foundation as required by the
Michigan Single State Construction Code.[5]
No exposed wheels, towing mechanism, undercarriage or chassis.
No additions of rooms or other areas which are not constructed
with an appropriate foundation and permanent attachment to the principal
structure.
Connection to a public sewer and water supply or to such private
facilities approved by the local health department.
Aesthetic compatibility in design and appearance to conventionally
on-site constructed dwellings, including, where appropriate, a roof
overhang, a front and rear or front and side exterior door, permanently
attached steps or porch areas where an elevation differential requires
the same, and roof drainage systems concentrating roof drainage and
avoiding drainage along the sides of the dwelling.
Compliance with all pertinent building and fire codes, including
those pertaining to newly manufactured homes or newly manufactured
mobile homes.
The foregoing standards shall not apply to a mobile home located
in a licensed mobile home park except to the extent required by state
law or otherwise specifically required by this chapter for mobile
home parks.
A building containing three or more dwelling units.
A building containing not more than one dwelling unit.
A building containing not more than two separate dwelling
units.
A building or a portion thereof arranged or designed to provide
living, cooking and sanitary facilities for not more than one family
of permanent residents.
The digging of soil, sand, gravel, rock, minerals, clay or
other earthen material from a land surface for carrying on a business
or manufacturing operation. Does not mean grading or filling incidental
to improvement of the land.
The total length of any side of a building facing in the
same direction.
An area surrounding or adjacent to the base of a wireless
communications support structure and within which wireless communications
equipment is located.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or other governmental agencies
of electric substations, gas regulator buildings and auxiliary buildings,
underground or overhead gas, electrical communication, steam or water
transmission or distribution systems, or collection, supply or disposal
systems, including: poles, wires, mains, drains, sewers, pipes, cables,
towers, fire alarm boxes, police or other call boxes, traffic signals,
hydrants and other similar equipment and accessories in connection
therewith reasonably necessary for furnishing adequate service by
such utilities or agencies, or for the public health or safety or
general welfare; but not including offices, buildings or yards used
for bulk storage, fabrication or manufacturing of materials used by
such utilities or municipal departments or other governmental agencies
or communication towers.
The term may include either of the following:
One or more persons related by the bonds of consanguinity, marriage,
or adoption, and foster children and servants, and not more than one
additional unrelated person, occupying a dwelling unit and living
as a single, nonprofit housekeeping unit; or
A collective number of individuals occupying a dwelling unit
with a demonstrable and recognizable relationship of a permanent and
distinct domestic character, and cooking and otherwise housekeeping
as a single housekeeping unit.
Notwithstanding the foregoing, certain types of living arrangements
and occupancies shall not be considered to be within the scope of
this term, including any society, club, fraternity, sorority, association,
lodge, combine, federation, group, coterie, or other organization
which is not a recognized religious order; and any group of students
or other individuals whose domestic association is likely or contemplated
to exist for a limited or temporary duration, or whose association
is otherwise of a transitory, temporary or resort-seasonal character
or nature.
A place or an area where transactions between a farm market
operator and customers take place. This includes roadside stands.
It does not necessarily mean a physical structure such as a building
and is considered part of a farm operation. At least 50% of the products
marketed and offered for sale at a farm market (measured as an average
over the farm market's marketing season or up to a five-year time
frame) must be produced on and by the affiliated farm. Farm products
may be processed more extensively into a form that adds value and
makes them more marketable for direct customer sales in accordance
with Michigan laws, and then sold at the affiliated farm market, as
long as allowed by local, state and federal regulations. A farm market
may operate seasonally or year round. Farm markets may include marketing
activities and services to attract and entertain customers and facilitate
retail trade business transactions, when allowed by applicable local,
state and federal regulations.
50% of the products marketed: For purposes of determining the
percentage of products being marketed, the primary measure will be
50% of the retail space used to display products offered for retail
sale during the affiliated farm's marketing season. If measurement
of retail space during the marketing season is not feasible, then
the percent of the gross sales dollars of the farm market will be
used. At least 50% of the gross sales dollars of products sold at
the farm market need to be from products produced on and by the affiliated
farm. For process products, at least 50% of the products' main "namesake"
ingredient must be produced on and by the affiliated farm. For example,
the apples used in apple pie, maple sap in maple syrup, strawberries
in strawberry jam, etc.
A barrier constructed of either wood, metal, stone, brick
or masonry materials that may act as an enclosure of an area of land,
property boundary identification or visual screen, which surface may
be of either solid or open construction.
The assembly that houses the lamp(s) and can include all
or some of the following parts: a housing, a mounting bracket or pole
socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
The area of all floors calculated by measuring the dimensions
of the outside walls of a building, excluding the floor area of basements,
garages, accessory buildings, attics, breezeways and porches.
The illuminance cast on a surface by a one candela source
one foot away. One footcandle is the equivalent of 10.76 lux.
The length of the front property line of the lot, lots or
tract of land abutting a public street, road or highway.
A building accessory to a dwelling, or a portion thereof,
which is designed and used primarily for the housing or storage of
noncommercial motor vehicles owned and used by the occupants of the
building to which it is accessory.
Building and lot, or portions thereof, used and limited in
function to retail sale of gasoline, oil, grease, antifreeze, tires,
batteries and automobile accessories, and such services as lubrication,
washing, polishing and other minor servicing to motor vehicles.
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see or that causes annoyance or discomfort.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
An accessory building (or portion thereof) designed and used
for the convenience of housing guests visiting a premises occupied
by a single-family dwelling as the principal use, but not including
any rented or leased space.
The line between upland and bottom land which persist through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil and the vegetation.
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An occupation customarily engaged in by residents in their
own dwelling.
A facility for boarding by persons not residing on the premises
and/or where riding horses are rented and/or where horse riding lessons
are given, including the indoor and outdoor facilities for same.
Any institution, including a sanitarium, which maintains
and operates facilities for overnight care and treatment of two or
more nonrelated persons as patients suffering mental or physical ailments,
but not including any dispensary or first aid treatment facilities
maintained by a commercial or industrial plant, educational institution,
convent, or a convalescent home, as previously defined.
A building occupied as a temporary lodging place for individuals
who are lodged with or without meals, in which as a rule the rooms
are rented singularly in which provision is not made for cooking in
any individual room.
A measure of light incident on a surface, expressed in lux
or footcandles.
The HCI Heavy Commercial and Industrial District and any
other subsequently established zoning district which includes "I"
or "Industrial" in its title.
A site plan of a proposed development showing proposed outdoor
illuminance with a series of isofootcandle lines that join points
on a surface where the illuminance is the same.
Any land or building used for commercial, storage and/or
sale of paper, rags, scrap metals, other scrap or discarded materials,
or for the dismantling, storage or salvaging of automobiles or other
vehicles not in running condition, or of machinery or parts thereof.
Any lot or premises used for the boarding, breeding, training
of four or more dogs for remuneration. Kennel shall also mean the
keeping of four or more dogs over the age of six months with or without
remuneration.
Any premises used primarily for disposal by abandonment,
discarding, dumping, reduction, burial, incineration, or any other
means and for whatever purpose of trash, refuse or waste material
of any kind.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
Those species of animals used for human food, fiber, and
fur, or used for service to humans. Livestock includes, but is not
limited to, cattle, sheep, new world camelids, goats, bison, privately
owned cervids, ratites, swine, equine, poultry, and rabbits; but excluding
dogs and cats.
A parcel of land (including a "unit" within a site condominium
development) with the frontage required by this chapter on a public
street, or on a private road as specifically allowed by this chapter,
and separated from other land by legal description, deed, or subdivision
plot.
See "access lot."
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
A lot located with frontage on two intersecting streets.
The amount of a lot, stated in terms of percentage, which
is covered by all the buildings and other structures located on the
lot, including porches, arbors, breezeways, patio roofs and the like,
whether open box type and/or lathe roofs or fully roofed, but not
including fences, walls, swimming pools, swing sets and other residential
recreational structures that are not buildings.
The average horizontal distance between the front lot line
and the rear lot line measured at right angles to lot width. Where
the front lot line and the rear lot line are not parallel the average
horizontal distance between them shall be calculated as the mean (midpoint)
of the two extreme horizontal distances.
An interior or through lot which abuts two streets that are
located on opposite sides of the lot.
That portion of a lot extending along the front lot line.
A lot other than a corner lot.
That portion of a lot which abuts a street or a lawful private
road, except that the front line of a waterfront lot shall be that
portion of the lot abutting or facing the water. In the case of a
corner lot or double frontage lot, the front lot line shall be that
line separating the lot from the street which is designated as the
front street in the plat and/or in the request for a building or zoning
compliance permit, except as otherwise provided above with respect
to waterfront lots.
The lot boundary which is opposite and most distant from
the front lot line. In the case of a lot pointed at the rear, the
rear lot line shall be that assumed line parallel to the front lot
line not less than 10 feet long lying farthest from the front lot
line and wholly within the lot.
Any lot boundary line which is not a front lot line or a
rear lot line. A side lot line separating a lot from another lot or
lots is also called an interior lot line.
See "waterfront lot."
The average horizontal distance between the side lot lines
as measured at right angles to lot depth. Where the side lot lines
are not parallel, the average horizontal distance between the side
lot lines shall be calculated as the mean (midpoint) of the two extreme
horizontal distances.
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One or more contiguous lots or portions of lots in single
ownership, where the grouping of such lots for zoning purposes is
required or allowed by this chapter; and in such circumstances the
outside perimeter of the grouping constitutes the applicable front,
rear and side lot lines for purposes of this chapter.
A complete lighting system, including a lamp or lamps and
a fixture. This term shall be interpreted broadly as applying to all
outdoor electrically powered illuminating devices, outdoor lighting
or reflective surfaces, lamps and similar devices (permanently installed
or portable), used for illumination or advertisement.
The term includes any of the following:
[Added 11-13-2020 by Ord. No. 272]
Grower Facility, which is limited 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,[10] or its equivalent license under the Michigan Regulation
and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as
amended,[11] as well as the state rules promulgated under the respective
statutes, and as licensed by the Township. The term also includes
excess marihuana grower license facilities under 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.
Processor Facility, which is limited 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
under the respective statutes, and as licensed by the Township.
Safety Compliance Facility, which is limited 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.
Secure Transporter Facility, which is limited to facilities
with a secure transporter 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.
Provisioning Center, which is limited to facilities with a provisioning
center 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.
Marihuana Microbusinesses 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.
The term does not include any other facilities under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended, or 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, including but not limited to designated consumption establishment, marihuana event organizer license, or any other license, including special licenses, or a facility without a license under the MMFLA or MRTMA, as no facilities other than those enumerate in Subsections A through F above are permitted in the Township.
Equivalent license is as that term is defined under the Michigan
Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1
of 2018, as amended, as well as the state rules promulgated pursuant
to it.
The term does not include facilities or individuals operating
under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008,
as amended.[12]
An establishment licensed by the State of Michigan as a microbrewery.
Any vehicle, without motive power designed for carrying property
or persons or so constructed and licensable as a mobile home under
the laws of the State of Michigan.
A group of attached or detached dwellings not more than two
stories in height containing guest rooms which are provided for transient
occupancy only, including auto courts, motor lodges and tourist homes.
A building or structure that was legally established and
was lawfully existing at the time this chapter became effective but
which does not conform to the present dimensional or bulk regulations
of the district in which it is located.
A lot that was legally established by recorded deed or land
contract or other legal document and was lawfully existing at the
time this chapter became effective but which does not conform to the
present dimensional regulations of the district in which it is located.
The use of a building or of land lawfully existing at the
time this chapter became effective but which does not conform to the
present use regulations of the district in which it is located.
See "care home."
A facility designed and intended to be used to produce biofuel,
and having all of the following characteristics:
The facility is located on land used in the commercial production
of farm products.
The facility has a designed annual production capacity of not
more than 100,000 gallons of biofuel.
The facility is located at least 100 feet from the boundary
of any contiguous property under different ownership.
The facility meets all otherwise applicable setback requirements.
At least 75% of the feedstock for the facility is produced on
the farm where the facility is located, on an annual basis.
At least 75% of the biofuel or other product/by-product of the
facility is used on the farm where the facility is located, on an
annual basis.
A facility designed and intended to be used to produce biofuel,
and having all of the following characteristics:
The facility is located on land used in the commercial production
of farm products.
The facility has a designed annual production capacity of not
more than 100,000 gallons of biofuel.
The facility is located at least 100 feet from the boundary
of any contiguous property under different ownership.
The facility meets all otherwise applicable setback requirements.
Less than 75% of the feedstock for the facility is produced
on the farm where the facility is located, on an annual basis.
Less than 75% of the biofuel or other product/by-product of
the facility is used on the farm where the facility is located, on
an annual basis.
A facility designed and intended to be used to produce biofuel,
and having all of the following characteristics:
The facility is located on land used in the commercial production
of farm products.
The facility has a designed annual production capacity of at
least 100,000 gallons but not more than 500,000 gallons of biofuel.
The facility is located at least 100 feet from the boundary
of any contiguous property under different ownership.
The facility meets all otherwise applicable setback requirements.
Land area which is maintained as a yard or court providing
space between two or more buildings or between a building line and
the boundary line of a parcel of land, other space suitable for recreation,
or land in its natural state which is unimproved; all of which is
primarily open and unobstructed from the land surface to the sky.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
That area required for the parking or storage of one automobile
including necessary aisle or driveway space providing access thereto.
A structure consisting primarily of flooring at ground level.
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.
A land development project comprehensively planned as an
entity via an overall site plan which may permit flexibility in building
siting, mixtures of housing types, usable open spaces and the preservation
of natural features. This definition shall include a tract of land
having more than one single-family dwelling and/or two-family dwelling
upon it other than a mobile home park.
The primary or predominant use of the premises.
A private right-of-way for vehicular access to abutting properties
which has been lawfully established in accordance with this chapter
and any other applicable ordinances of Paw Paw Township, and all other
applicable county or state laws, rules and regulations.
Any person, firm or corporation, municipal department, board
or commission duly authorized to furnish and the furnishing under
state or municipal regulations to the public: gas, steam, electricity,
sewage disposal, communication, transportation or water.
Gas or electric substations, regulator stations, including
buildings accessory thereto, and other public utility service buildings
or structures; provided that wireless communications support structure,
as defined in this chapter, and buildings accessory thereto, shall
not be considered a public utility building or structure for purposes
of this chapter.
Any self-propelled vehicle or towed vehicle primarily designed
and used for recreational, camping or travel purposes. This definition
includes travel trailers, camping trailers, motor homes, and truck
campers, as said terms are defined by Michigan statute at MSA 14.15
(12501); MCL § 333.12501, and boats, boat trailers, snowmobiles,
snowmobile carriers, horse trailers, rafts, dune buggies, off-road
vehicles and motorcycle carriers.
The ARR Agricultural - Rural Residential District, the LDR
Low Density Residential District, the WFR Waterfront Area District,
the VE Village Edge Medium-High Density Mixed Use District, the MHR
Mobile Home Residential District, the G-PUD Gateway Planned Unit Development
District and any other subsequently established zoning district which
includes "R" or "Residential" in its title. This term and the terms
"residential use district" and "residential zone" mean the same thing
as used in this chapter.
Any establishment whose principal business is the sale of
foods or beverages to the customer in a ready-to-consume state, and
whose design or method of operation includes both of the following
characteristics:
Any establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state, and
whose design, method of operation or any portion of whose business
includes the following characteristics:
Foods or beverages are served directly to the customer in a
motor vehicle either by an employee or by other means which eliminates
the need for the customer to exit the motor vehicle.
Any establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state and
whose design or principal method of operation includes both the following
characteristics:
Any establishment whose principal business is the sale of
foods or beverages to the customer in a ready-to-consume state, and
whose design or principal method of operation includes one or both
of the following characteristics:
See "farm market."
The top edge of a roof or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys or minor projections.
Exterior lighting that involves ensuring proper levels of
illumination to provide safe working conditions, safe passage, and
the identification of outdoor hazards.
Exterior lighting installed solely to enhance the security
of people and property.
The minimum horizontal distance required to exist between
a building or structure (including any portion of steps, porches,
vestibules, patios raised above grade, or eaves) and the front, side
or rear lot line. The required setback or yard area is that area encompassed
by the respective lot lines and the respective setback lines.
The line which pertains to and defines those minimum building/structure
setback lines which are established parallel to the front, side and
rear lot lines and within which setback areas no part of a building
or structure shall project or be located, except as otherwise provided
for by this chapter.
A down-type fixture, mounted horizontally and angled perpendicular
to the ground.
A structure or portion of a structure intended to provide
protection to human life during periods or danger to human life from
nuclear fallout, air raids, storms, or other emergencies. Fallout
shelters constructed completely below the ground level, except for
a vent not exceeding 30 inches in height above ground level may be
contained within any yard area.
Every individual announcement, declaration, demonstration,
display, illustration, insignia, surface or space when erected or
maintained out of doors in view of the general public for identification,
advertisement or promotion of the interests of any person. This definition
shall include billboards and signs painted directly on walls or structures.
ABANDONED SIGNA sign serving a premises vacant or unoccupied for more than 180 consecutive days.
ANIMATED SIGNA sign which uses moving parts or change of lighting to depict action or create a special effect or scene. This definition includes rotating signs.
BALLOON SIGNA temporary sign consisting of an envelope inflated with pressurized or heated air, or a lighter-than-air gas, and displayed for the purpose of advertising or attracting attention. Unlike inflatables, balloon signs can be suspended in midair, independent of any structure other than that which keeps the device from floating away.
BANNER SIGNA temporary sign intended to be hung with or without a frame, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. A feather banner is a type of banner sign. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for purposes of this chapter.
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BILLBOARDA sign which advertises an establishment, service, merchandise, use, entertainment, activity, product or message which is not conducted, sold, produced, manufactured, or furnished upon the site on which the sign is located.
CHANGEABLE COPY SIGNA sign on which the message is changed manually.
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DIRECTIONAL SIGNA sign which is located and sized in a manner to safely and efficiently direct the flow of vehicular and pedestrian traffic to, from, and within a development site.
ELECTRONIC DISPLAY SIGNA sign that uses changing lights to form a sign message in text or graphic or video display form wherein the sequence of the messages and the rate of change is electronically programmed. Electronic display signs include the following:
ELECTRONIC CHANGEABLE COPY SIGNA sign on which the message is changed automatically through the use of electronic display technology.
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ELECTRONIC GRAPHIC DISPLAY SIGNA sign that displays static electronic images, including static graphics or pictures, in which the message change sequence is immediate or by means of fade or dissolve modes.
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VIDEO DISPLAY SIGNA sign that displays a message characterized by motion, movement or pictorial imagery to depict action or a special effect that imitates movement.
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MULTI-VISION OR TRI-VISION SIGNA sign composed of a series of vertical or horizontal slats that are designed to rotate at intervals so that each rotation of the slats produces a different image.
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FLASHING SIGNA sign that contains an intermittent or flashing light source. Electronic display signs shall not constitute a flashing sign for purposes of this chapter.
FREESTANDING SIGNA sign not attached to a building or wall which is supported by one or more poles or braces which rest on the ground or on a foundation resting on the ground.
GROUND SIGNA three-dimensional, self-supporting, base-mounted freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted.
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INFLATABLE SIGNA temporary sign consisting of flexible material that takes on a three-dimensional shape when filled with air/gas and is commonly used to draw attention to a site.
NAMEPLATEA nonelectric sign which identifies the name of the resident of the property, with or without the address.
NONCONFORMING SIGNAny sign that does not conform to the requirements of this chapter.
PENNANT SIGNAny geometric shaped cloth, fabric or other lightweight material normally fastened to a stringer and which is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.
PORTABLE SIGNA sign that is not permanent or affixed to a building or structure and by its nature may be or is intended to be moved from one location to another.
PUBLIC SIGNA noncommercial message sign erected in the public interest by or upon orders from a local, state, county or federal public official. Examples of public signs include, but are not limited to, legal notices, safety signs, traffic signs, memorial signs, signs of historical interest, and similar signs.
ROOF SIGNA sign that is erected, constructed and maintained upon or above the roof of a building, or parapet wall, and that is wholly or partially supported by such building.
Exception: For the purposes of this definition, a sign that
is mounted on a mansard roof, roof overhang, parapet wall, or on a
wall with a roof below, shall not be considered a roof sign but shall
instead be considered as a wall sign for that side of the building,
provided that no part of such sign extends above the roofline.
SIGN AREAThe area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo, or any other figure of similar character, together with any frame of other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the pedestal, pole, or other structure necessary to support the sign.
Signs with two or more faces: The area of a sign that has two
or more faces shall be measured by including the area of all sign
faces; except, if two such sign faces are placed back to back and
are no more than two feet apart at any point, the area of the two
back-to-back faces shall be computed as one face. If the two back-to-back
faces are of unequal size, the larger of the two sign faces shall
be counted as the face.
SIGN HEIGHTMeasured as the vertical distance from the highest point of the sign to the finished grade of the abutting street.
TEMPORARY SIGNA sign intended to be displayed for a limited period of time, and which is not permanently attached to a building wall or to the ground.
WALL SIGNA sign that is attached directly to a wall, mansard roof, roof overhang, or parapet wall with the exposed face of the sign in a plane parallel to the building wall or to the surface on which it is mounted, and which projects not more than 12 inches from the building or structure wall and does not extend above the roofline of the building to which it is attached.
WINDOW SIGNA sign attached to the inside or outside surface of a window on a building wall or door.
Solar panel energy systems placed on property with the intent
to provide utility-scale energy to the grid.
A solar panel, a photovoltaic panel, solar hot air or hot water panel collector device or other type of energy system which relies on solar radiation as the source for the generation of electricity or the transfer of stored heat. A solar panel is an accessory use in all zoning districts subject to § 42-8.26.
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.
A facility where special events are permitted to occur under
this chapter. 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.
A use listed as a "special land use" in a zoning district
is recognized as possessing characteristics of such unique and special
nature (relative to location, design, size, public utility needs,
and other similar characteristics) as necessitating prior Planning
Commission authorization pursuant to specified standards in order
to safeguard the general health, safety and welfare.
A building used or to be used by an individual for housing
horses owned by said individual for the use of himself and his immediate
family.
A building used or to be used for the housing of horses for
hire by the owner or operator thereof.
That portion of a building included between the surface of
any floor and the ceiling above it. A basement shall be counted as
a story if its ceiling is over six feet above the average level of
the finished ground surface adjoining the exterior walls of such story,
or if it is used for business or dwelling purposes.
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A public or private thoroughfare, other than an alley, which
affords the principal means of vehicular access to abutting property.
This term is synonymous with the term "highway" or "road."
Anything constructed, assembled or erected, or to be moved
to or from any premises, the use of which requires location on the
ground or attachment to something having location on or in the ground,
and shall include tanks, towers, advertising devices, bins, tents,
lunch wagons, trailers, dining cars, camp cars or similar structures
on wheels or other supports used for business or living purposes.
The word "structure" shall not apply to fences, or wires and their
supporting poles or frames of electrical or telephone utilities, or
to service utilities entirely below the ground.
The principal purpose for which a lot or the main building
thereon is designed, arranged, or intended and for which it is, or
may be used, occupied or maintained.
The granting to a petitioner, by the Zoning Board of Appeals, permission to vary from the strict application of this chapter as provided in Article 11.00.
A place for the care, diagnosis and treatment of sick or
injured animals, and those in need of medical or surgical attention.
Any lot or parcel of land, whether or not improved, and whether
or not platted, any portion of which:
A natural or man-made lake, river, stream, channel, pond,
or other natural or artificial watercourse.
An electrical generating facility, accessory to a principal
use, comprised of a wind turbine, rotor, support structure, and related
electrical equipment that operates by converting the kinetic energy
of wind into electrical energy, and that is designed and operated
to wholly or primarily provide electricity to the principal use, rather
than to the electric utility grid.
An establishment licensed by the State of Michigan as a winery/small
winery. A winery may, with proper licensing, produce brandy and operate
a wine tasting room.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cables, and coaxial and
fiber optic cables, but excluding wireless communications support
structures.
All support structures and communications equipment used
in the provision of wireless communications services. Not included
within this definition are: citizen band radio facilities; short wave
facilities; ham, amateur radio facilities; satellite dishes; and governmental
facilities which are subject to state or federal law or regulations
which preempt municipal regulatory authority.
A structure that is designed to support, or is capable of
supporting, wireless communications equipment, including a monopole,
self-supporting lattice tower, guyed tower, water tower, utility pole,
or building.
An open space of a required minimum width or depth, adjacent
to a lot or property line, on the same land with a building or group
of buildings, lying in the area between the building or group of buildings
and the nearest lot line, and which is unoccupied and unobstructed
from the ground upward, except for plants, trees, shrubs, fences,
and as otherwise provided herein. The depth/width of such yard shall
be measured at the shortest horizontal distance between the applicable
lot line (front, rear, side) and the nearest point of a building or
projection thereof.
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Open space extending across the full width of a lot between
the front lot line and the nearest point of the building or projection
thereof. The depth of such yard is the shortest horizontal distance
between the front lot line and the nearest point of the building or
projection thereof.
Open space extending across the full width of a lot between
the rear lot line and the nearest point of the building or projection
thereof. The depth of such yard is the shortest horizontal distance
between the rear lot line and nearest point of the building or any
projection thereof.
Open space extending on each side of a lot from the front
yard to the rear yard, or in the absence of either of such yards,
to the front lot line or rear lot line. The width of a side yard is
the shortest distance between the side lot line and nearest point
of the building or any projection thereof.
See "district."
[1]
Editor's Note: See MCL § 722.111 et seq.
[2]
Editor's Note: The former definition of "Commercial medical
marihuana facility (or facility)," which immediately followed, was
repealed 11-13-2020 by Ord. No. 272.
[3]
Editor's Note: See MCL § 559.101 et seq.
[4]
Editor's Note: See MCL § 559.101 et seq.
[5]
Editor's Note: See MCL § 125.1501 et seq.
[6]
Editor's Note: See MCL § 400.701 et seq.
[7]
Editor's Note: See MCL § 722.111 et seq.
[8]
Editor's Note: See MCL § 400.701 et seq.
[9]
Editor's Note: See MCL § 722.111 et seq.
[10]
Editor's Note: See M.C.L.A. 333.27101 et seq.
[11]
Editor's Note: See M.C.L.A. 333.27951 et seq.
[12]
Editor's Note: See M.C.L.A. 333.26421et seq.
