(a)

Rules of construction. The following listed rules of construction apply to the text of this chapter:

(1)

The word "shall" is mandatory; the word "may" is permissive.

(2)

Unless the context clearly indicates to the contrary, words used in the present tense shall include the future tense; words used in the singular number shall include the plural number; and words used in the plural number shall include the singular number.

(3)

A "building" or "structure" includes any part thereof.

(4)

The word "person" includes a firm, association, partnership, joint venture, corporation, trust, or equivalent entity or a combination of any of them.

(5)

The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged," and "designed to be used."

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory building or use means a building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use, including a swimming pool. Accessory buildings or uses shall be subordinate in area, extent or purpose to the principal building or use served and shall be ancillary to the principal building or use served.

Adult foster care family home means a residence providing foster care to six or fewer persons age 18 or older.

Adult foster care group home means a residential facility providing foster care to seven or more persons age 18 or older.

Alterations, structural, means any change in the supporting members of a building such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a building.

Ambient. The sound pressure level exceeded 90 percent of the time or L90.

Automobile or trailer sales area means any space used for display, sale or rental of motor vehicles or trailers in new, or used and operable condition.

Automobile storage means any storage of inoperable, unused and/or unlicensed vehicles not incidental to a service station.

Basement means that portion of a building between the floor and the ceiling, which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor, below is greater than the vertical distance from the grade to the ceiling.

Board of zoning appeals means the Zoning Board of Appeals of the Township of Ada.

Building means any structure, including a mobile home having a roof.

Building height means the vertical distance abovegrade to the highest point of the coping of a flat roof; or to the deck line of a mansard roof; or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building.

Building inspector means the person appointed by the township board to serve as the building inspector.

Building setback means the minimum distance from the front lot line to the nearest point of the main wall of the building or structure. Steps may be located within the building setback. Porches are considered as part of the building or structure and may not be located within the building setback.

Camp or campground means and includes temporary or permanent buildings, tents, or other structures, together with the appurtenances pertaining thereto, established or maintained as temporary living quarters operated continuously for a period of five days or more, for recreation, religious, education, or vacation purposes.

Commission or planning commission means the planning commission of the Township of Ada.

Day care center means a facility, other than a private residence, receiving minor children for care for periods of less than 24 hours in a day, and where the parents or guardians are not immediately available. It includes a facility which provides care for not less than two weeks, regardless of the number of hours of care per day. These facilities are generally described as day care centers, day nurseries, preschools or drop-in centers. This definition shall not include a Sunday school or nursery operated by a religious institution where children are cared for during short periods of time while the persons responsible for such children are attending religious services.

Day care home, adult, means a facility in a private, single-family residence which receives one or more adults for care and supervision for periods of less than 24 hours a day, four or more days a week, for two or more consecutive weeks. Excluded are persons related to the family by blood, marriage or adoption.

Day care home, family, means a private, single-family residence which receives more than one but less than seven minor children for care and supervision for periods of less than 24 hours a day. Children related by blood, marriage or adoption to an adult member of the family are excluded from this definition.

Day care home, group, means a facility in a private, single-family residence which provides care for at least seven but not more than 12 children for periods of less than 24 hours a day, and where the parents or guardians of the children in care are not immediately available. This definition shall include a home which gives care to an unrelated child for more than four weeks during a calendar year.

dB(A). The sound pressure level in decibels. It refers to the "a" weighted scale defined by the American National Standards Institute. A method for weighting the frequency spectrum to mimic the human ear.

Decibel. The unit of measure used to express the magnitude of sound pressure and sound intensity.

Development means any manmade change to improved or unimproved land for any purpose, including but not limited to construction of buildings or other structures, mining, dredging, filling, paving or excavation.

Drive-in facility means any place or premises other than a gasoline or service station which offers the sale of goods or services to customers in vehicles, including those establishments where customers may serve themselves.

Dwelling means any building or structure (including those commonly referred to as mobile homes) or portion thereof which is occupied as residence either permanently or temporarily but not including motels, hotels, travel trailers, or recreational vehicles.

Dwelling, single-family, means a building designed for use and occupancy by one family only.

Dwelling, two-family, means a building designed for use and occupancy by two families only.

Dwelling, multifamily, means a building designed for use and occupancy by three or more families.

Erected includes built, constructed, reconstructed, moved upon, or any physical operations on the land required for building. Excavation, fill, drainage and the like shall be considered part of erection.

Essential services means the erection, construction, alteration or maintenance by public utilities, or by municipal departments, boards or commissions, of underground, surface or overhead natural gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, electric substations, telephone exchange buildings, natural gas regulator stations, fire stations and other similar equipment and accessories in connection therewith, including buildings necessary to house the foregoing, reasonably necessary for the furnishing of service by such public utilities or municipal departments, boards or commissions, or reasonably necessary for the protection of the public health, safety or general welfare.

Family means one or more persons occupying a single dwelling; provided, however, that unless four members are related by blood, marriage or legal adoption, no such family shall contain more than five persons.

Farm means any tract of land devoted to general agricultural activities such as field crops, truck farming, orchards, nurseries and animal husbandry. Such farms may include customary barns and similar buildings.

Farm building means any building, except a dwelling unit, which is essential or customarily used for the storage or housing of farm implements, produce, animals or other farm purposes.

Farm market means facilities located and activities carried out on a farm for conducting retail sales of farm products directly to customers, including marketing activities and services intended to attract and entertain customers and facilitate retail business.

Floor area means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts or courts. For all buildings, except dwelling units, where the principal use thereof shall include the basement, the basement floor area shall be included except that part which contains heating or cooling equipment and other basic utilities.

Forestry operations means the harvesting of timber for commercial purposes, including the harvesting of Christmas trees.

Foster care, means the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Garage, private, means a detached accessory building or portion of a main building used for the storage of passenger vehicles and trucks up to one ton capacity where no service for compensation occurs.

Gasoline station or service station means any building or structure used for the retail sale of fuels, and other operating commodities for motor vehicles, and including the customary space and facilities for repairing motor vehicles.

Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Heliport means an area of land or water or a structure surface that is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings and other heliport facilities.

Heliport, private use means a privately-owned heliport that is available for use only by the owner of the facility, or by others with the prior permission of the facility owner.

Heliport, public use means a heliport that is owned and/or operated by a public or private entity and this is available for use of the general public without a prior request to use the heliport.

Home occupation means an occupation or profession carried on by an occupant of a dwelling unit in a residential district as a secondary use which is incidental to the use of the dwelling unit for residential purposes, and which is otherwise in compliance with this chapter.

Henhouse or poultry coop means a structure providing shelter for poultry which is completely enclosed.

Junk yard means a place where waste, discarded or salvaged materials are placed, bought, sold, stored, or handled, including house wrecking yards, used lumber yards, and places or yards for use of salvaged materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building, and establishments for the sale, purchase, or storage of used automobiles in inoperable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel means any premises on which more than three dogs, cats or other household pets, four months of age or older, are kept either temporarily or permanently for the purpose of boarding or breeding.

Land division means a partition or splitting of a parcel or tract of land for the purpose of sale, lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, which is not subject either to the platting requirements of the Land Division Act, the Condominium Act, or the PUD provisions of the township zoning ordinance.

Lease unit boundary. The boundary around property leased for purposes of a wind energy system, including adjacent parcels to the parcel on which the wind energy system tower or equipment is located. For purposes of setback, the lease unit boundary shall not cross road rights-of-way.

Lot means a piece or parcel of land in the same ownership.

Area, lot, means the total area encompassed within the boundary lines of a lot, excluding street or road rights-of-way.

Corner lot means a lot located at the intersection of two or more streets where the corner interior angle, formed by the intersection of the center lines of the streets, is 135 degrees or less, or a lot abutting upon a curved street or streets, if tangents to the curve at the two points where the lot lines meet the centerline curve form an interior angle of 135 degrees or less.

Depth, lot, means the distance between the front and the rear lot lines, measured along the median between the side lot lines.

Double frontage lot means any lot, excluding a corner lot, which fronts on two streets which do not intersect.

Width, lot, means the distance between the side lot lines, measured at the building setback line and at right angles to the lot depth.

Lot line means a line bounding a lot or parcel of property.

Front means the boundary line of a lot immediately adjacent to a public street right-of-way upon which the lot fronts. In the case of a corner lot, the front lot line shall be the shortest boundary line adjacent to a street right-of-way. In the case of a double frontage lot, the front lot line shall be determined by the property owner.

Rear means the boundary line which is opposite and most distant from the front lot line.

Side means any boundary line which is neither a front nor a rear lot line.

Lot of record means a tract of land which is either:

(1)

Described as a lot in a final subdivision plat recorded with the county register of deeds;

(2)

A condominium unit comprised of land intended for separate ownership by and exclusive use of the condominium unit owner, contained within a condominium subdivision plan for which a master deed has been recorded with the county register of deeds, pursuant to Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), the Michigan Condominium Act;

(3)

Described by metes and bounds, for which a deed, land contract or memorandum of land contract has been recorded with the county register of deeds; or

(4)

A parcel which has been assigned its own permanent parcel number by the county property description and mapping department, and which is individually assessed and taxed on that basis.

Motel or hotel means a building or group of buildings on the same lot, containing sleeping or dwelling units for public accommodation. The term shall include any building or group of buildings designated as motor lodges, transient cabins, or by any other title intended to identify them as providing lodging for compensation to transient or resident guests.

Motor vehicle means every vehicle which is self-propelled.

Net metering. A special metering and billing arrangement between an electric utility company and a customer of the company, through which the customer's on-site wind energy system is interconnected with the utility grid, to facilitate the sale of electrical energy by the customer to the electric utility company at times when the output of the on-site wind energy system exceeds the customer's usage.

Nonconforming building means a building lawfully existing at the time of adoption of this chapter, or any amendment thereto, and which does not conform to the regulation of the district in which it is located.

Nonconforming use means any use of any part or all of a building, lot or tract of land lawfully existing at the time of adoption of this chapter or any amendment thereto, which does not conform with the use regulations of the district in which it is located.

On-site-use wind energy system means a land use for generating electric power from wind that is accessory to a legal principal use and intended to primarily serve the needs of the electric power consumer at that site.

Ordinary high water mark means the line between upland and bottomland that persists through successive changes in the water level, 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. On an inland lake that has a level established by law, it means the high established level. Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, it means the natural visible markings or changes in the character of soils, or vegetation due to the prolonged presence of water and which distinguishes between predominantly aquatic terrestrial land.

Parking area, space or lot means an off-street area, the principal use of which is for the parking of motor vehicles, whether for compensation or as an accommodation. Parking area shall include access drives within the actual parking area.

Planned unit development (PUD) denotes zoning requirements designed to accomplish the objectives of this chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area, as authorized by this chapter and the Zoning Enabling Act. A land development designated as a PUD involves the development of one or more tracts of land in which a comprehensive, unified plan for development of the land is prepared which, subject to the approval of the township, allows the opportunity for flexibility in the location, size and number of buildings, mixing of a variety of land uses and departure from traditional zoning ordinance requirements and standards. PUDs are characterized by defined and coordinated vehicular and pedestrian circulation systems, unified landscaping and buffering improvements, coordinated signage programs, and other functional and visual elements which result in overall unified, coordinated physical developments.

Poultry means domesticated birds kept for eggs or meat.

Poultry run or pen means a fenced or other type of enclosure that is mostly open to the elements, for the purpose of allowing poultry to leave the henhouse or coop while remaining in a predator-safe environment. The poultry run or pen is typically attached to the henhouse or poultry coop.

Principal or main use means the primary or predominant use of a lot.

Private street means a right-of-way providing access to adjacent lots which is not dedicated for public use.

Public utility means a firm or corporation granted a franchise by the township to provide service and to use public rights-of-way in the township, or a municipal department, board or commission, furnishing electricity, natural gas, steam, communications, transportation, sewage collection and disposal or water supply distribution.

Recreation vehicle means travel trailers, motor homes, pick-up campers, or other portable units which are self-propelled or towed by a vehicle, and are designed to be used principally as a temporary vacation dwelling, and boats and boat trailers.

Restaurant means a place of public accommodation where food is prepared and served or sold for consumption on the premises or taken from the premises for consumption without further preparation, heating or the like.

Roadside market stand means a building or structure designed or used for the display and/or sale of seasonal agricultural products grown on the premises.

Rotor means an element of a wind energy system that acts as a multibladed airfoil assembly, thereby extracting, through rotation, kinetic energy directly from the wind.

Satellite dish antenna means an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Shadow flicker means alternating changes in light intensity caused by the moving blades of a wind energy system casting shadows on the ground and stationary objects, such as, but not limited to, a window at a dwelling.

Sound pressure means an average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

Sound pressure level means the sound pressure mapped to a logarithmic scale and reported in decibels (dB).

Stable, private, means a building used for the housing of horses or other domestic animals for the use of the owner or his immediate family.

Stable, public, means a building used for the housing of horses or other domestic animals for hire by the public.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street means a dedicated public way.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Township board means the Ada Township Board.

Utility grid wind energy system means a land use for generating electric power by use of wind, consisting of one or more towers, including accessory uses such as, but not limited to, a SCADA tower and an electric substation, in which the primary purpose of the system is to generate electric power for transfer to the electric utility grid rather than for use on the site on which the system is located.

Wetland means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is any of the following: (1) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream; (2) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than five acres in size; (3) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and five acres or less in size if the Michigan Department of Environmental Quality determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner.

Wind energy system means a land use for generating power by use of wind; utilizing wind turbine generators, including the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the electric utility grid. See also onsite wind energy system and utility grid wind energy system.

Yard means a required open space, other than a court, unoccupied and unobstructed by any building or structure or portion thereof from 30 inches above grade of the lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Yard measurements shall be the minimum horizontal distance.

(1)

Front means a yard extending across the full width of the lot, the depth of which is the distance between the public street right-of-way line and the main wall of the building or structure.

(2)

Rear means a yard, unoccupied except for accessory buildings extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.

(3)

Side means a yard between a main building and the side lot line extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line to the nearest part of the main building.

Zoning Enabling Act means Public Act No. 184 of 1943 (MCL 125.271 et seq.).

(Ord. No. O-042682-1, §§ 2.01—2.49, 4-26-1982; Ord. No. O-061383-1, 6-13-1983; Ord. No. O-110893-1, §§ 2.13A—2.13D, 2.30(a), 11-8-1993; Ord. No. O-062695-1, § 1(2.35A), 6-26-1995; Ord. No. O-021296-1, §§ 1, 2, 2-12-1996; Ord. No. O-061096-1, § 1, 6-10-1996; Ord. No. O-062600-2, § 1, 6-26-2000; Ord. No. O-061305-1, § 1, 6-13-2005; Ord. No. O-061305-2, § 2, 6-13-2005; Ord. No. O-011209-5, § 1, 1-12-2009; Ord. No. O-062810-1, § 1, 6-28-2010; Ord. No. O-052912-1, § 1, 5-29-2012; Ord. No. O-041221-1, § 2, 4-12-2021)

Cross reference— Definitions generally, § 1-2.