[Ord. No.
239, effective 8-31-1997]
This chapter shall be known and may be cited
as the "Township of Grosse Ile Zoning Ordinance." Within the following
text it may be referred to as the "chapter."
A.
The following rules of construction apply to the text
of this chapter:
(1)
The particular shall control the general.
(2)
In case of any difference of meaning or implication
between the text of this chapter and any caption or illustration,
the text shall control.
(3)
Words used in a singular number shall include the
plural, and the plural shall include the singular, unless the context
clearly indicates the contrary.
(4)
The word "shall" is always mandatory and not discretionary.
The word "may" is permissive, with the decision made by the Planning
Commission, Township Board, or Board of Zoning Appeals, as indicated.
(5)
The masculine gender includes the feminine and neuter.
(6)
All measurements shall be to the nearest integral
number, except density and lot measurements.
(7)
The phrase "used for" includes "arranged for," "designed
for," "intended for" and "maintained for."
(8)
The word "building" includes the word "structure."
The word "build" includes the words "erect" and "construct."
(9)
The word "person" includes an individual, a corporation,
a partnership, an incorporated association, or any other entity recognizable
as a "person" under the laws of Michigan.
(10)
Whenever a word or term defined hereinafter
appears in the text of this chapter, its meaning shall be construed
as defined herein. Words or terms not herein defined shall have the
meaning customarily assigned to them.
B.
Usage of conjunctions. 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 "either/or," the conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions,
provisions, or events shall apply;
(2)
"Or" indicates that the connected items, conditions,
provisions, or events may apply singly or in any combination (i.e.,
"or" also means "and/or");
(3)
"Either/or" indicates that the connected items, conditions,
provisions or events shall apply singly, but not in combination.
Whenever used in this chapter, the following
words and phrases shall have the following meaning ascribed to them:
See "building, accessory."
See "use, accessory."
Any structure constructed for residential purposes that is
licensed by the State of Michigan pursuant to Public Act 287 of 1972,
Public Act 116 of 1973, or Public Act 218 of 1979. These acts provide
for the following types of residential structures:
ADULT FOSTER CARE FACILITYA residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Public Act 218 of 1979, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. The following four types of adult foster care homes are provided for by these rules:
ADULT FOSTER CARE FAMILY HOMEA residence for six or fewer adults to be provided with room, board and supervised care. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.
[Amended 7-22-2002]
ADULT FOSTER CARE SMALL GROUP HOMEResidence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the house.
ADULT FOSTER CARE LARGE GROUP HOMEResidence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.
CONGREGATE FACILITYResidence for more than 20 adults.
Any change, addition or modification to a structure or type
of occupancy, or any change in the structural members of a building,
such as walls or partitions, columns, or beams or girders.
An animal that is commonly considered capable of being trained
or is capable of adapting to living in a human environment and being
of use to human beings and which is not likely to bite without provocation
or cause death, maiming or illness to human beings, including, by
way of example, bird (caged), fish, rodent (bred, such as a gerbil,
rabbit, hamster or guinea pig), cat (domesticated), lizard (nonpoisonous),
and dog. Wild, vicious, or exotic animals shall not be considered
domesticated. Animals bred, raised or boarded for commercial purposes
are not considered pets.
Any animal that attacks, bites, or injures human beings or
domesticated animals without adequate provocation or which, because
of temperament, conditioning, or training, has a known propensity
to attack, bite, or injure human beings or domesticated animals, or
an animal from a species which is not commonly domesticated or kept
as livestock, or which is not native to the State of Michigan, or
a species which, irrespective of geographic origin, is of wild or
predatory character, or which because of size, aggressive or vicious
characteristics would constitute an unreasonable danger to human life
or property if not kept, maintained or confined in a safe and secure
manner, including any hybrid animal that is part exotic animal.
See "dwelling, multiple-family."
A building or premises used primarily for the sale of new
and used automobiles, boats, recreational vehicles and other motor
vehicles.
An enclosed building where the following services may be
carried out: general repairs, engine rebuilding, and reconditioning
of motor vehicles; collision services, such as frame or fender straightening
and repair; painting and undercoating of automobiles; and similar
vehicle repair activities.
A place where gasoline or other vehicle engine fuel, kerosene,
motor oil and lubricants, and grease are sold directly to the public
on the premises for the purpose of operation of motor vehicles, including
the sale of minor parts and accessories, and snack food items commonly
consumed by travelers (such as pop, candy, packaged snacks and similar
foods typically dispensed through a vending machine). Service stations
may also include incidental servicing of and minor repair of motor
vehicles within an enclosed building, such as tuneups, lubrication,
tire repair and replacement, and similar repair work involving a minimum
of noise, odors, or production of material wastes.
That portion of a building which is partially or totally
below grade but is so located that the vertical distance from the
average grade to the floor below is greater than the vertical distance
from the average grade to the ceiling. This definition shall not apply
to earth-bermed or earth-sheltered holes. (See Figure 1.)
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Figure 1
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Any dwelling in which overnight accommodations are provided
or offered for transient guests for compensation, including provision
for a morning meal only for the overnight guest. A bed-and-breakfast
is distinguished from a motel in that a bed-and-breakfast establishment
shall meet the location, design and operation standards of Article
19.
A room designed or used in whole or in part for sleeping
purposes.
The property abutting one side of a street and lying between
the two nearest intersecting streets, crossing or terminating; or
between the nearest such street and railroad right-of-way, unsubdivided
acreage, river or live stream; or between any of the foregoing and
any other barrier to the continuity of development.
A residential building that is single-family residential
in character, which has been adapted to provide boarding rooms with
or without meals for compensation. A home utilized for the boarding
and care of persons with disabilities or requiring specialized care
shall not be considered a boarding home; such facility shall be considered
an adult care facility, which shall be licensed by the State of Michigan
and subject to the requirements applicable to that use.
[Added by Ord. No. 302, effective 11-21-2001]
The Township Zoning Board of Appeals, created pursuant to
the provisions of Michigan Public Act 184 of 1943, as amended.
A watercraft (including but not limited to any vessel, ship,
motorboat, sailboat, barge, scow, tugboat or rowboat) which is any
one of the following:
A facility which extends into or over the Detroit River,
canal or waterways in the Township and provides docking for four or
more boats, or offers service to the public or members of the marina
for docking, storing and loading of boats. A boat club shall include
a common lot within a subdivision, a common area within a condominium
or any other parcel of land held in common by a subdivision, association,
similar agency or group of individuals which provides docking, storing
and loading for four or more recreational watercraft.
The water area in which a boat lies when it is made fast
to shore installations.
Any enclosed structure designed for the storage of boats
and marine equipment.
A device referred to as a hoist, davits, etc., that may be
used to raise boats or cargo.
A vessel that meets all of the following requirements:
Uses a motor-driven propeller or an internal
combustion engine powering a water jet pump as its primary source
of propulsion;
Is designed without an open load carrying area
that would retain water; and
Is designed to be operated by one or more persons
positioned on, rather than within, the confines of the hull.
See "pier."
Any covered structure open on all sides designed for the
storage of boats and marine equipment.
Land which possesses physical conditions suitable for construction,
or which may be improved to make it suitable for construction, subject
to the restrictions of all applicable federal, state, county and Township
regulations.
Any structure which is affixed to the land, has one or more
floors and a roof, is bounded by either open area or the lot lines
of a zoning lot, and is used for the shelter or enclosure of persons,
animals, chattels, or property of any kind.
A building on the same lot with the principal building or
use, but the use of which is clearly incidental to that of the principal
building or use.
The area of a lot which is defined by the minimum setback
and spacing requirements within which building construction is permitted
by this chapter.
The vertical distance from the average grade around the perimeter
of the building to the highest point of the roof surface on a flat
roof, to the deckline for mansard roofs, and to the mean height level
between eaves and ridge for gable, hip and gambrel roofs. (See Figure
2.)
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Figure 2
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A line formed by the face of the building, and, for the purposes
of this chapter, the building line shall be the same as the front
setback line as determined by the neighborhood setback line, but no
less than the required minimum setback in the zoning district. (See
Figures 3 and 4.)
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Figure 3
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Figure 4
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A building or, where the context so indicates, a group of
buildings which are permanently affixed to the land and which are
built, used, designed, or intended for the shelter or enclosure of
the principal use of the parcel.
A building or structure which is not permanently affixed
to the property and is permitted to exist for a specific reason for
a specific period of time. An example of a temporary building is a
trailer used on a construction site or a tent.
The term used to indicate the size and setbacks of buildings
and structures and the location of the same with respect to one another,
including standards for:
A line established by the Michigan Department of Environmental
Quality with the concurrence of the Township of Grosse Ile, pursuant
to Michigan Public Act 346 of 1972, the Inland Lakes and Streams Act,
which line terminates the jurisdiction of the Township of Grosse Ile
waterward from the shoreline with regards to filling, dredging and
construction. (See Figure 5.)
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Figure 5
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Land used or intended to be used for burial of deceased human
beings and dedicated for such purposes. Columbariums, crematories
and mausoleums are excluded.
A facility for the care of children under 18 years of age,
as licensed and regulated by the state under Act No. 116 of the Public
Acts of 1973 and Act No. 218 of the Public Acts of 1979 and the associated
rules promulgated by the State Department of Social Services. Definitions
for various care organizations are listed below:
CHILD-CARE CENTER or DAY-CARE CENTERA facility other than a private residence, receiving more than six preschool or school age children for group day 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 a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
CHILD CARING INSTITUTIONA child-care facility which is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four-hour basis, in a building maintained for that propose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools, or an adult foster care facility in which a child has been placed.
FOSTER FAMILY HOMEA private home in which at least one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
FOSTER FAMILY GROUP HOMEA private home in which more than four but fewer than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
FAMILY DAY-CARE HOMEA private home in which at least one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
[Amended 7-22-2002]
GROUP DAY-CARE HOMEA private home in which more than six but not more than 12 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.
Any structure wherein persons regularly assemble for religious
activity.
See "medical clinic/center."
An organization of persons for special purposes or for the
promulgation of sports, arts, science, agriculture, literature, politics,
or similar activities but not operated for profit.
Commercial radio and television, microwave, mobile phone,
pager, public utility, and other transmitting or relay antennas and
towers operated for the purposes of generating revenue.
See "school, commercial."
The use of property in connection with the purchase, sale,
barter, display, or exchange of goods, wares, merchandise, or personal
services and the maintenance or operation of offices.
Any vehicle possessing commercial license plates and which
falls into one or more of the categories listed below:
Truck tractor;
Semitrailer, which shall include flatbeds, stake
beds, roll-off containers, tanker bodies, dump bodies and full or
partial box-type enclosures;
Vending trucks, such as ice cream, milk, bread,
fruit or vending supply trucks;
Tow trucks;
Commercial hauling trucks;
Vehicle repair service trucks;
Service trucks such as pickup trucks or vans
that are used in conjunction with a repair or maintenance business,
such as a plumbing, electrical, or carpentry business;
Snowplowing trucks;
Any vehicle with a commercial license plate
having a gross vehicle weight in excess of 10,000 pounds or a total
length in excess of 22 feet.
Accessory noncommercial radio wave transmitting, relay or
reception device, including radio, television, satellite dishes and
other accessory noncommercial antennas. The definition of "communication
antenna" shall include antennas that are accessory to a commercial
use where such antennas are not an essential part of that commercial
activity (e.g., television, satellite dish at a restaurant). (Also
see "commercial communication antennas and towers.")
A system of separate ownership of individual units and/or
multiunit projects according to Public Act 59 of 1978, as amended.
In addition to the interest acquired in a particular unit, each unit
owner is also a tenant in common in the underlying fee and in the
spaces and building parts used in common by all the unit owners, such
as yards, foundations, basements, floors, walls, hallways, stairways,
boat basins, elevators and all other related common elements. (See
Figure 6.)
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Figure 6
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Michigan Public Act 59 of 1978, as amended.
A condominium project from which any portion of the submitted
land or building may be withdrawn pursuant to express provisions in
the condominium documents and in accordance with the Grosse Ile Township
Code of Ordinances and the Condominium Act.
A condominium project containing units some or all of which
were occupied before the establishment of the condominium project.
A unit or a portion of the common elements of the condominium
project referred to in the condominium documents within which additional
condominium units or general or limited common elements may be created
pursuant to provisions in the condominium documents and in accordance
with this chapter and the Condominium Act.
The common elements other than the limited common elements
intended for the common use of all co-owners. (See Figure 6.)
A portion of the common elements reserved in the master deed
for the exclusive use of fewer than all of the co-owners. (See Figure
6.)
Condominium setbacks shall be measured as described below
(see Figure 6):
FRONT YARD SETBACKThe distance between the public street right-of-way or private road easement line and the foundation of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from 15 feet from the nearest pavement edge to the foundation of the unit.
SIDE YARD SETBACKThe distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two units shall be double the side yard setback required in the zoning district.
REAR YARD SETBACKThe perimeter shall be the distance between the limit of the development and the rear of the unit; within the development rear yard setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or, where lot lines are not defined, the space between the rear building lines of two buildings shall be double the rear yard setback required in the zoning district.
A condominium project designed to function in a similar manner
or as an alternative to a platted subdivision. A residential site
condominium project shall be considered as equivalent to a platted
subdivision for purposes of regulation in this chapter. (See Figure
6.)
The portion of the condominium project designed and intended
for separate ownership as described in the master deed, regardless
of whether it is intended for residential, office, industrial, business,
recreational, use as a time-share unit, or any other type of use.
The area designating the perimeter within which the condominium
unit must be built. After construction of the condominium unit, the
balance of the condominium unit site shall become a limited common
element. General common element shall not be considered part of the
site condominium lot. The term "condominium unit site" shall be equivalent
to the term "lot" for purposes of determining compliance of a site
condominium subdivision with the provisions of this chapter pertaining
to minimum lot size, minimum lot width, minimum lot coverage and maximum
floor area ratio. (See Figure 6.)
A retail store that is designed and primarily stocked to
sell food, beverages, and other household supplies to customers who
purchase only a relatively few items (in contrast to a supermarket).
[Amended 1-22-2007 by Ord. No. 07-01]
The entrance to or exit from a property provided for vehicular
traffic to or from a public or private thoroughfare.
An unroofed platform, commonly constructed of wood, which
is typically attached to a house and which is typically used for outdoor
leisure activities. (Also see "porch.")
The number of dwelling units situated on or to be developed
per net or gross acres of land. For purposes of calculating maximum
density, only 25% of the acreage determined to be wetlands protected
by the Goemaere-Anderson Wetland Protection Act, Public Act 203 of
1979, and/or the Township of Grosse Ile shall be calculated toward
the total site acreage. All open bodies of water, land within the
one-hundred-year floodplain, public rights-of-way and areas within
overhead utility line easements are excluded from calculation. For
individual lots, see "lot area."
A portion of the Township of Grosse Ile within which, on
a uniform basis, certain uses of land and buildings are permitted
and within which certain yards, open spaces, lot areas, and other
requirements are established.
See "boat dock/well."
A business establishment so designed that its operation involves
providing a service or a product to patrons while they are in a parked
car, rather than within a building.
A business establishment whose method of operation involves
the delivery of a service or product directly to a patron inside a
vehicle, typically through a service window or other appurtenance
to a building, where vehicles are queued within a stacking area or
approach to the service window or facility.
A building designed for and occupied by two or more families,
with separate housekeeping, cooking, and bathroom facilities for each.
Examples of multiple-family dwellings include dwellings commonly known
as "apartments," "terrace dwellings," and "townhouses," which are
defined as follows:
TOWNHOUSEAn attached dwelling unit with common walls, its own front door which opens to the outdoors, and, typically, with its own utility connections and front and rear yards. Townhouses are also commonly known as "terrace dwellings" or "row houses."
APARTMENTAn attached dwelling unit with common walls contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as "garden apartments" or "flats."
An independent residential building designed for and occupied
by one family only. Single-family dwellings are commonly the only
principal use on a parcel or lot.
Any building, or part thereof, containing one or more rooms,
along with bathroom and kitchen facilities, designed as a self-contained
unit for occupancy by one family for living, cooking, and sleeping
purposes, either continuously, permanently, temporarily, or transiently.
A right-of-way granted, but not dedicated, for the limited
use of private land for private, public or quasi-public purposes,
such as for franchised utilities, a conservation easement or an access
easement for a private road or service drive, and within which the
owner of the property shall not erect any permanent structures.
Any physical change on a site, including construction, reconstruction,
or alteration of buildings or structures thereon. Excavation, fill,
drainage, and the like shall be considered part of erection.
The erection, construction, alteration or maintenance by
public or quasi-public franchised utilities or municipal departments
of underground, surface or overhead gas, steam, electrical, fuel or
water systems for the purposes of transmission, distribution, collection,
communication, supply, or disposal, including towers, poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm and police
call boxes, traffic signals, hydrants and similar equipment, which
are necessary for the furnishing of adequate service by such utilities
or municipal departments for the general health, safety, and welfare
of the public. "Essential services" shall not include buildings, storage
yards, cellular telephone towers, commercial antenna towers, air quality
monitoring stations, school bus parking yards, sales or business offices,
or commercial buildings or activities.
The removal or movement of soil, sand, stone, gravel, or
fill dirt except for common household gardening, farming, and general
ground care.
An exclusion from the normal rules and regulations of this
chapter for the purpose of permitting particular uses or structures
which are considered essential or appropriate in certain locations
or under certain conditions as may be approved by the Board of Zoning
Appeals. A variance is not required for uses or structures which are
permitted by an exception.
Either of the following:
A domestic family which is one or more persons
related by blood, marriage or adoption occupying a dwelling unit and
living as a single housekeeping unit in a dwelling; or
The functional equivalent of the domestic family
which is persons living together in a dwelling unit whose relationship
is of a permanent and distinct domestic character and is the functional
equivalent of a domestic family with a demonstrable and recognizable
bond which constitutes the functional equivalent of the bonds which
render the domestic family a cohesive unit. All persons of the functional
equivalent of the domestic family must be cooking and otherwise operating
as a single housekeeping unit. This definition shall not include any
society, club, fraternity, sorority, association, lodge, combine,
federation, or group, coterie, or organization which is not a recognized
religious order, nor include a group of individuals whose association
is temporary and resort-seasonal in character. There shall be a rebuttable
presumption enforceable by the Zoning Administrator in the first instance
that the number of persons who may reside as a functional equivalent
family shall be limited to six.
An unroofed structure of definite height and location constructed
of wood, masonry, stone, wire, metal, or any other material or combination
of materials serving as a physical barrier, marker, or enclosure.
Gross floor area shall constitute the total floor area occupied
by a use and measured to include all space used primarily or incidentally
for such use.
The sum of the horizontal areas of each floor, measured from
the interior faces of the exterior walls, including all areas used
for or intended to be used for the sale of merchandise, provision
of services, or service to patrons, clients or customers. Floor area
which is used for or intended to be used for the storage or processing
of merchandise, hallways, or for utilities or sanitary facilities
shall be excluded from the computation of usable nonresidential floor
area.
The sum of the horizontal areas of each floor used for human
occupancy as measured from the exterior faces of the exterior walls
or from the center line of common walls separating two buildings.
“Usable residential floor area” shall not include basements,
cellars, unenclosed porches or attics not used for human occupancy,
or any accessory floor space used for the vehicle parking or heating
or ventilating equipment.
[Amended 8-30-2004 by Ord. No. 04-01]
See "adult care facility."
A child unrelated to a family by blood or adoption with whom
he or she lives for the purposes of care and/or education.
A building for parking or storage of motor vehicles owned
and used by the occupants of the building to which it is accessory.
Private garages shall not have public repair facilities. A private
garage may be either attached to or detached from the principal structure.
See "automobile or vehicle repair garage."
The premises upon which the game of golf is played, including
clubhouses, parking lots, swimming pools, tennis courts, or other
facilities or uses customarily incidental to a golf course or country
club.
The ground elevation established for the purpose of regulating
the number of stories or height of a building. The building grade
shall be the level of the ground adjacent to the walls of the building
if the finished grade is level. If the ground is not entirely level,
the grade shall be determined by averaging the elevation of the ground
for each face of the building.
An accessory building intended for temporary or periodic
use as an auxiliary sleeping facility but which does not have kitchen
facilities and is not permitted to be used as a permanent residence.
See "building height."
An occupation or profession conducted entirely within a dwelling
by the inhabitants thereof, where such use is clearly incidental to
the principal use of the dwelling as a residence and meets the requirements
of Article 19.
A series of dwelling units located in one or more buildings
and designed primarily for overnight lodging by transients. Each unit
typically has a bedroom, bathroom, closet space, and a separate entrance.
An installation other than a hospital, hotel, or nursing
home, which provides room and board to nontransient persons primarily
60 years of age or older. “Housing for the elderly” may
include the types of facilities listed below:
[Amended 1-22-2007 by Ord. No. 07-01]
SENIOR APARTMENTSMultiple-family dwelling units occupied by persons 55 years of age or older.
ELDERLY HOUSING COMPLEXA building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples where either the husband or wife is 70 years of age or older.
CONGREGATE HOUSINGA type of semi-independent housing facility for senior citizens containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.
ASSISTED LIVING FACILITIESA special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of senior citizens who need a wide range of health and support services, including personal nursing care. These facilities will have a central kitchen, dining, recreational, and other services with separate bedrooms or living quarters, and are also commonly referred to as “convalescent homes” or “nursing homes.”
Man-made material which covers the surface of land and substantially
reduces the infiltration of stormwater to a rate of 5% or less. "Impervious
surface" shall include pavement, buildings, and structures.
Any motor vehicles, machinery, appliances, products or merchandise
with parts missing, or other scrap materials that are damaged, deteriorated,
or are in a condition which prevents their use for the purpose for
which the product was manufactured.
An area where waste and used or secondhand materials are
bought and sold, exchanged, stored, baled, packed, disassembled, or
handled, including but not limited to junk, scrap iron, metals, paper,
rags, tires, bottles and automobiles.
Any lot or premises on which four or more dogs, cats, or
other domestic animals three months or older are kept, either permanently
or temporarily, either for sale, breeding, boarding, training, hobby,
protection, or pets.
See Article 13.
An area that is safely and conveniently located for pickups
and deliveries, scaled to the delivery vehicles expected to be used,
and accessible to such delivery vehicles when required off-street
parking spaces are filled.
For the purposes of enforcing this chapter, a lot is defined
as a piece of land to be used, developed or built upon as a unit under
single ownership and control that is at least sufficient in size to
meet the minimum requirements for use, coverage, area, setbacks, and
open space as required herein. A lot shall have frontage on a dedicated
roadway or, if permitted by the regulations set forth herein, on a
private road. Where such a lot is divided by a public street or a
private road, each part of such lot shall meet minimum area requirements
for the zone in which it is located. A lot may consist of:
The total horizontal area within the lot lines of the lot
exclusive of any abutting public street right-of-way or private road
easements, or the submerged area of any canal, river or pond (below
the shoreline or ordinary high water mark). The lot area shall be
used in determining compliance with minimum lot area standards. (See
Figure 7.)
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Figure 7
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A lot of which at least two adjacent sides abut their full
length upon a street, provided that such two sides intersect at an
angle of not more than 135°. Where a lot is on a curve, if the
tangents through the extreme point of the street lines of such lot
make an interior angle of not more than 135°, it shall be considered
a corner lot. In the case of a corner lot with a curved street line,
the corner is that point on the street lot line nearest to the point
of intersection of the tangents described above. For purposes of this
chapter, a corner lot is considered a double frontage lot. (See Figure
8.)
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Figure 8
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The part or percent of the lot that is occupied by buildings
or structures. (See Figure 7.)
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines.
A lot which extends from one street to another or from a
street to the river or to a canal. (See Figure 8.)
Any lot other than a corner lot. (See Figure 8.)
The lines bounding a lot as follows (see Figure
7):
FRONT LOT LINEThe line abutting a street. On a corner lot, the shorter street line shall be considered the front lot line. On a double frontage lot, the line that separates said lot from the street which is designated on the plat as the front shall be considered the front lot line. On a lot that abuts the river or canal, both the line abutting the street and the shoreline shall be considered front lot lines.
REAR LOT LINEOrdinarily that lot line which is opposite and most distant from the front lot line. On a corner lot or a lot that abuts the river or canal and a street, the line opposite the shorter front lot line shall be considered the rear lot line. In the case of lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet in length, lying farthest from the front lot line and wholly within the lot.
SIDE LOT LINEAny lot line other than the front or rear lot line.
In the case where the above definitions are
not sufficient to designate lot lines, the Zoning Administrator shall
designate the front, rear and side lot lines in consideration of the
orientation of the building(s) on the lot, the address of the lot,
the orientation of other buildings along the block, and natural features
affecting site design.
A lot which is part of a subdivision recorded in the office
of the County Register of Deeds, or a lot or parcel described by metes
and bounds, the description of which has been so recorded and is considered
as such for tax purposes.
The dividing or uniting of lots of record by virtue of changes
in the deeds in the office of the County Register of Deeds.
The straight line distance between the side lot lines, measured
at the two points where the minimum building line, or setback line,
intersects the side lot lines. (See Figure 9.)
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Figure 9
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A dwelling unit which is designed for long-term residential
use and is wholly or substantially constructed at an off-site location.
See "boat club/marina."
A document which is adopted under the guidance of the Planning
Commission in accordance with the Michigan Township Planning Act (Public
Act 168 of 1959, as amended) and consists of graphic and written materials
which indicate the general location for streets, parks, schools, public
buildings and all physical development of the Township.
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by a group of
physicians, dentists or similar professionals.
An intermediate floor in any story occupying more than 1/3
of the floor area of such a story, but which extends over only part
of the main floor. (Also see "story.")
A building which consists of several individual storage units,
each with a separate door and lock and which can be leased on an individual
basis.
A structure that is designed or used for residential occupancy,
built upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such structure
actually has, at any given time, such wheels attached to it or is
jacked up or skirted.
Any plot of ground upon which two or more mobile homes, occupied
for permanent residential purposes, are or may be located in compliance
with the Mobile Home Commission Rules and Michigan Public Act 419
of 1976, as amended.
See "hotel."
See "recreational vehicle."
Include soils, wetlands, floodplains, water bodies and channels,
topography, trees and other types of vegetative cover, and geologic
formations.
[Added 6-28-2010 by Ord. No. 10-03]
AMBIENT NOISEThe amount of background noise at a given location prior to the installation of a facility regulated by this chapter. Ambient sound level is measured on the decibel [dB(A)] weighted scale. There shall be two measurements for ambient sound level:
The statistical background sound level (L90) shall be the sound pressure level that is exceeded 90% of the time
by ambient background noise.
The statistical high sound level (L10) shall be the sound pressure level that is exceeded 10% of the time
by ambient background noise.
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DECIBEL dB(A)The unit of measure used to express the magnitude of sound pressure and sound intensity. The sound pressure level in decibels measured on the A scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication ANSI S1.4-71.
Any offensive, annoying, or disturbing practice or object
which prevents the free use of one's property or which renders its
ordinary use or physical occupation uncomfortable. "Nuisance" commonly
involves continuous or recurrent acts which give offense to the senses,
violate the laws of decency, obstruct reasonable and comfortable use
of property or endanger life and health.
See "child-care organization."
A space, building, and/or structure, or combination thereof,
where live trees, shrubs, and other plants used for gardening and
landscaping are propagated, stored or offered for sale on the premises.
See "housing for the elderly."
Business and commercial uses conducted solely outside of
any building unless otherwise specified herein. Examples of open air
businesses include:
Retail sales of garden supplies and equipment,
including but not limited to trees, shrubbery, plants, flowers, seed,
topsoil, trellises, and lawn furniture;
Roadside stands for the sale of agricultural
products, including fruits, vegetables and Christmas trees.
Various outdoor recreation uses, including but
not limited to tennis courts, archery courts, shuffleboard, horseshoe
courts, miniature golf, golf driving ranges, and amusement parks.
Outdoor display and sale of automobiles, recreational
vehicles, garages, swimming pools, playground equipment, and similar
goods.
That part of a zoning lot, including but is not limited to
lawns, decorative planting, walkways, active and passive recreation
areas, playgrounds, fountains, swimming pools, living plant materials,
wetlands and watercourses, courts or yards, which is open and unobstructed
by any built features from its lowest level to the sky and is accessible
to all residents upon the zoning lot. This area is intended to provide
light and air and is designed for environmental, scenic, or recreational
purposes. Open space may include, but is not limited to, lawns, decorative
plantings, walkways, active and passive recreation areas, playgrounds,
fountains, swimming pools, living plant materials, wetlands and watercourses.
Open space shall not be deemed to include driveways, parking lots
or other surfaces designed or intended for vehicular travel. Refer
to Article 10, O-1 Open Space District, for public open space.
The keeping, in an unroofed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
A parcel of land which is designated as an "outlot" on the
recorded plat and which is usually not intended to be used for the
same purposes as other lots in the plat.
See "lot."
An area which provides vehicular parking spaces for parking
of more than two vehicles and includes drives and aisles for maneuvering
so as to provide safe and convenient access for entrance and exit.
An area of definite length and width designated for parking
an automobile or other vehicle and which is fully accessible for such
purposes.
Any business that loans money on deposit or pledge of personal
property, or other valuable thing, other than securities or printed
evidence of indebtedness, or who deals in the purchasing of personal
property or other valuable thing on condition of selling the same
back again at a stipulated price.
[Added 9-12-2011 by Ord.
No. 11-03]
See "boat/personal watercraft."
See "animal, domesticated."
A structure extending outward from the shoreline for use
as a promenade or to secure and provide access to boats. (See Figure
5.) (Also see "wharf.")
A column of timber steel or concrete driven into the ground
below the water to tie off or otherwise moor a boat.
An existing development which was approved under the planned
unit development regulations prior to discontinuance of the PUD regulations.
The Planning Commission of the Township of Grosse Ile, Wayne
County, Michigan.
A structure, attached to the ground, which serves as a covered
entrance to a building, commonly enclosed in part and not heated or
air conditioned. (Also see "deck.")
See "use, principal."
Any person, firm, corporation, municipal department, or board
duly authorized to furnish to the public under government regulations
any of the following: electricity, gas, steam, communication services,
transportation services, water, sewer service, or sewage treatment.
A clear benefit, both to the ultimate users of the property
in question and to the community, which would reasonably be expected
to accrue, taking into consideration the reasonably foreseeable detriments
of the proposed development and uses. Such benefits may include long-term
protection or preservation of natural resources and natural features,
historical features, or architectural features, or elimination of
or reduction in the degree of nonconformity of a nonconforming use
or structure.
Various types of recreational vehicles are defined below:
TRAVEL TRAILERA portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreation, and vacation, which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally include self-contained sanitary, water, and electrical facilities.
PICKUP CAMPERA structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreation, and vacation.
MOTOR HOMEA recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.
FOLDING TENT TRAILERA folding structure, mounted on wheels and designed for travel and vacation use.
BOATS and BOAT TRAILERSInclude boats, floats, rafts, and canoes, plus the normal equipment to transport them on the highway. (Also see "boat.")
OTHER RECREATIONAL EQUIPMENTIncludes snowmobiles, jet skis, all-terrain or special-terrain vehicles, and utility trailers, plus the normal equipment used to transport them on the highway.
A business that accepts previously owned or used merchandise
for purchase by others, not including a pawn shop. Such business shall
not include those selling vehicles, auto parts, scrap or waste. Resale
shall include the sale of goods directly acquired by the shop. Consignment
shall include those instances where the shop will display goods for
sale and provide agreed-upon payment to the original seller upon sale
of that item(s) to another party.
[Added 9-12-2011 by Ord.
No. 11-03]
Any establishment whose principal business is the sale of
food and beverages to the customer in a ready-to-consume state and
whose method of operation is characteristic of a drive-in, drive-through,
fast-food, or full-service restaurant, or combination thereof, as
defined below.
RESTAURANT, DRIVE-INSee "drive-in."
RESTAURANT, DRIVE-THROUGHSee "drive-through."
RESTAURANT, FAST-FOODA restaurant whose method of operation involves minimum waiting for delivery of the prepared food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, but not in a motor vehicle at the site.
RESTAURANT, FULL-SERVICEA restaurant whose method of operation involves the delivery of the prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building.
The strip of land on which facilities such as roads, highways
or utilities are built.
See "street."
A temporary or permanent building operated for the purpose
of seasonally selling produce raised or produced on the same premises
by the proprietor of the stand.
A public, parochial, or private elementary, intermediate,
and/or high school offering courses in general education.
A privately owned establishment offering specialized training
for profit, such as art, dance, music, theater, ballet and martial
arts.
See "nursery, day nursery, nursery school or child day-care
center."
See "commercial vehicle."
The distance between a front, side or rear lot line and the
nearest supporting member of a structure on the lot. Setbacks from
a public street or private road shall be measured from the right-of-way
line or easement. The minimum setback requirement is the minimum distance
between a front, side or rear lot line and the nearest supporting
member of a structure in order to conform to the required setback
provisions of this chapter. (See Figure 7.)
A grouping of two or more business establishments developed
in accordance with an overall plan and designed and built as an interrelated
project.
The line between upland and bottomland which persists through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil,
the configuration of the soil surface and the vegetation.
The use of any words, numerals, figures, devices, designs,
trademarks, or combination thereof visible to the general public and
designed to inform or attract the attention of persons not on the
premises on which the sign is located. Various types of signs and
sign-related terms are defined as follows:
ANIMATED SIGNA sign which uses lights, moving parts, or other means to depict a creature or being as living or having life.
BANNER SIGNA sign produced on cloth, paper, fabric or similar material, either with or without frames.
FESTOON SIGNA sign consisting of a wreath or garland of flowers, leaves, paper or other material hanging in a loop or curve.
FLAGSee "banner sign."
FREESTANDING OR GROUND SIGNA sign which is erected upon or supported by the ground, including signs on poles or pylons that are anchored in the ground.
GASOLINE PRICE SIGNAny sign more than two square feet in area which is used to advertise the price of gasoline. In the event that the brand identification sign is attached to or a part of the sign advertising price, that portion of the sign used for advertising price shall be considered the gasoline price sign.
MARQUEEA roof-like structure or awning projecting over an entrance, such as to a theater.
MONOLITH 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. A monolith sign may also consist of a base-mounted cylindrical structure upon which a message is painted or posted.
OBSOLETE SIGNA sign that advertises a product that is no longer made, an event that has past, or a business that has closed.
OUTLINE TUBING SIGNA sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it.
PENNANT SIGNA sign or display consisting of long, narrow, usually triangular flags.
PORTABLE SIGNA sign which is not permanently affixed to a building face or to a pole, pylon, or other support that is permanently anchored in the ground. Portable signs are capable of being readily moved from one location to another.
PROJECTING SIGNA sign so constructed and erected as to be attached at one end to a building, metal pole or other structure from which it projects and unattached on the other end.
REAL ESTATE SIGNA sign used to indicate that a parcel of property or building is for sale, lease, or rent.
ROOF SIGNA sign erected upon and structurally supported by the roof of a building.
SANDWICH SIGNA sign consisting of two advertising boards laid back-to-back and at least partially supported by each other.
SPINNERSA sign or display consisting of paper, plastic, or other parts that spin.
TEMPORARY SIGNA sign which is intended to be erected only a few days or weeks, including portable signs, trailer signs, banners, pennants, or any other sign which is not permanently affixed to a building face or to a pole, pylon, or other support that is permanently anchored on the ground.
TRAILER SIGNA sign that is mounted on a frame with wheels and is capable of being pulled by a vehicle or by hand. For the purposes of this chapter, trailer signs shall be considered portable signs.
WALL SIGNA sign which is attached to, affixed to, placed upon, or painted upon any exterior wall or surface of any building, building structure, or part thereof, provided that no part of any such sign extends more than 12 inches from the face of the exterior wall. For the purposes of this chapter, signs attached to the face of a mansard roof shall be considered wall signs.
WINDOW SIGNA sign located in or on a window and visible to the general public from the exterior.
A plan, prepared to scale, showing accurately and with complete
dimensions the boundaries of a site and the location of all buildings,
structures, uses, and principal site development features proposed
for a specific parcel of land and conforming to the standards of this
chapter. (See Article 21.)
A use, either public or private, which possesses unique characteristics
and therefore cannot be properly classified as a permitted use in
a particular zoning district or districts. After due consideration
of the impact of each such proposed use upon the neighboring land
and of the public need for the particular use at the proposed location,
such special land use may or may not be permitted by the Planning
Commission, subject to the terms of this chapter. (See Article 22.)
An enclosed area intended for the keeping of horses for the
noncommercial use of the residents of the principal residential use
on the site.
See "adult care facility."
Objects, materials, vehicles and boats which are kept in
the same place for over 72 hours.
That portion of a building, other than a basement or mezzanine
as defined herein, included between the surface of any floor and the
floor next above it or, if there is not a floor above, then the ceiling
above. A mezzanine shall be deemed a full story when it covers more
than 50% of the area of the story underneath said mezzanine or if
the vertical distance from the floor next below the mezzanine to the
floor next above it is 24 feet or more.
The uppermost story lying under a pitched roof, the usable
floor area of which does not exceed 2/3 of the floor area of the uppermost
full story. (See Figure 1.)
A public or private thoroughfare or right-of-way, other than
a public or private alley, dedicated to or designed for travel and
access to any land, lot or parcel, whether designated as a road, avenue,
highway, boulevard, drive, lane, place, court, or any similar designation.
Various types of roads are defined below.
ARTERIAL STREET OR ROADWAYA street or roadway which carries high volumes of traffic at relatively high speeds and serves as an avenue for circulation of traffic onto, off of, or around Grosse Ile Township. An arterial road may also be defined as a major thoroughfare, major arterial or minor arterial. Since the primary function of the arterial is to provide mobility, access to adjacent land uses may be controlled to optimize capacity along the roadway.
COLLECTOR STREETA street or road whose principal function is to carry traffic between minor and local roads and arterial roads but which may also provide direct access to abutting properties.
CUL-DE-SACA street or road that terminates in a vehicular turnaround.
LOCAL OR MINOR STREETA street or road whose principal function is to provide access to abutting properties and which is designed to be used or is used to connect minor and local roads with collector or arterial roads. Local streets are designed for low volumes and speeds of 25 miles per hour or less, with numerous curb cuts and on-street parking permitted.
PRIVATE ROADAny road which is to be privately maintained and has not been accepted for maintenance by Wayne County, the State of Michigan or the federal government but which meets the requirements of this chapter or has been approved as a private road by the Township under any prior ordinance.
PUBLIC STREETAny road or portion of a road which has been dedicated to and accepted for maintenance by the Township, Wayne County, State of Michigan or the federal government.
ALLEYA dedicated public way affording a secondary means of access to the side or rear of those properties whose principal frontage is on another street and not intended for general traffic circulation.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Structures include, but are not limited to, principal
and accessory buildings, swimming pools, signs, waterfront structures,
fences, decks, terraces, dog runs, and tennis and basketball courts.
The division of land in accordance with the Subdivision Plat
Act, Michigan Public Act 288 of 1967, as amended.
Any permanent, nonportable structure or container, located either above or below grade, designed to allow holding of water to a depth of greater than 24 inches, intended for swimming, bathing or relaxation. The definition of "swimming pool" includes spas, hot tubs and similar devices. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage. (See Chapter 241, Swimming Pools, of the Municipal Code.)
See "building/structure, temporary."
See "use, temporary."
The Township of Grosse Ile, Wayne County, Michigan.
The Board of Trustees of the Township of Grosse Ile, Wayne
County, Michigan.
The purpose for which land or premises or a building thereon
is designed, arranged or intended or for which it is occupied, maintained,
let or leased.
A use which is clearly incidental to, customarily found in
connection with, and located on the same zoning lot as the principal
use to which it is related.
A use which may be lawfully established in a particular district
or districts provided it conforms to all requirements, regulations,
and standards of such district.
The principal purpose for which land or a building is arranged,
designed or intended or for which land or a building is or may be
occupied.
See "special land use."
A use which is not permanent to the property and is permitted
to exist for a specific reason for a specific period of time.
A small trailer that is designed to be pulled by an automobile,
van, or pickup truck.
A modification of the literal provisions of this chapter
granted when strict enforcement of this chapter would cause undue
hardship owing to circumstances unique to the individual property
on which the variance is granted.
The use of a building or a portion of a building for the
location, operation, and placement of five or more mechanical amusement
devices. "Mechanical amusement device" shall mean any device, apparatus,
mechanical equipment or machine operated as amusement for required
compensation. The term does not include vending machines used to dispense
foodstuffs, toys, or other products for use and consumption.
Any accessory exterior container used for the temporary storage
of rubbish, pending collection, having a capacity of at least one
cubic yard. Recycling stations and exterior compactors shall be considered
to be waste receptacles.
See "boat."
A structure parallel to the shoreline. (See Figure 5.)
[Added 6-28-2010 by Ord. No. 10-03]
WIND ENERGY CONVERSION SYSTEM (WECS)A combination of:
A surface area, either variable or fixed, for utilizing the
wind for electrical power; and
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; and
The generator, alternator, or other device to convert the mechanical
energy of the surface area into electrical energy; and
The tower upon which any, all, or some combination of the above
are mounted.
Other components not listed above but associated with the normal
construction, operation, and maintenance of a WECS.
WECS include horizontal, and vertical axis wind turbines.
HORIZONTAL AXIS WECSA WECS which converts wind energy into electricity through the use of a wind turbine generator with a horizontal axis of rotation. This type of WECS is directional in that it achieves optimal energy production while pointed into or away from the direction of the wind.
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VERTICAL AXIS WECSA WECS which converts wind energy into electricity through the use of a wind turbine generator with a vertical axis of rotation. This type of WECS is not directional in that it does not need to be pointed into or away from the direction of the wind in order to achieve optimal energy production.
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WECS HEIGHTThe distance between the ground (at normal grade) and the highest point of the WECS (being the tip of the blade, when the blade is in the full vertical position or the top of the pole, whichever is higher).
WECS SURVIVAL WIND SPEEDThe maximum wind speed, as designated by the WECS manufacturer, at which a WECS in unattended operation (not necessarily producing power) is designed to survive without damage to any structural equipment or loss of the ability to function normally.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise permitted
in this chapter. The measure of yard is the minimum horizontal distance
between the lot line or water's edge and the building or structure.
(See Figure 7.)
YARD, FRONTAn open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or water's edge and the nearest line of the principal building.
YARD, REARAn open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line of the principal building.
YARD, SIDEAn open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.
