The intent of this chapter is to divide the unincorporated areas of the Township into appropriate zoning districts and otherwise to ensure a wise and economical use of land, preserve property values, conserve natural resources, limit overcrowding in the use of land, limit congestion of population and transportation systems, limit over-use of public facilities, provide reasonable restrictions and regulations for land uses to the end that this chapter will promote the health, safety and general welfare of the residents of the Township.

(Comp. Ords. 1990, § 130.102)

(a)

Interpretation. For the purpose of this chapter, certain terms or words shall be interpreted as follows:

(1)

The word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual.

(2)

The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

(3)

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

(4)

The words "used" or "occupied" include the words "intended," "designed," or "arranged" to be used or occupied.

(5)

The word "lot" includes the words plot or parcel.

(6)

Any word or term not defined in this chapter shall have the meaning of common or standard use which is reasonable for the context in which 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 use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Agricultural education means the provision of information, knowledge and skills pertaining to a farm, agriculture or farm operations conducted concurrently with the production of farm products or agricultural crops and is subordinate to the primary farm operation and agricultural use of the property. Examples include demonstration gardens and interactive seminars that model best practices in production, processing, farm management and resource conservation.

Agricultural education, major facility means any agricultural education activity or event with an attendance of 50 or more people at a time that occurs on a farm or that requires the construction of new buildings, structures or facilities.

Agricultural education, minor facility means any agricultural education activity or event with an attendance of less than 50 people at a time that occurs on a farm and does not require the construction of new buildings, structures or facilities.

Agricultural land means substantially undeveloped land devoted to the production of plants and animals useful to humans, including forage and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities. Agricultural use includes use in a Federal acreage set-aside program or a Federal conservation reserve program. Agricultural use does not include the management and harvesting of a woodlot.

Note: No exclusion for concentrated animal feed operations.

Agricultural Preservation Residential District (APD) is a rural residential development in which two or more dwelling units are placed together into one or more groupings within a defined project area. The dwelling units are separated from adjacent properties and other groupings of dwellings by agricultural land that is perpetually protected from development and shall remain in an undeveloped state.

Agricultural processing and food storage means a structure or building (or area within a structure or building) used for sorting, cleaning, packaging and storing of agricultural products preparatory to sale or shipment in their natural form. Agricultural processing shall not include slaughtering or processing of animals or animal products. It shall also not include manufacturing of secondary products using agricultural products such as commercial kitchens, bakeries, breweries, woodworking and wood processing plants.

Ambient noise shall mean regularly occurring background noise not produced by the object or device in question.

Ancillary solar equipment means any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, inverters or water heater tanks.

Animal: A non-human zoological species, classified for purposes of this Ordinance as follows:

(1)

Animal, Class I: Domesticated household pets such as dogs, cats and birds.

(2)

Animal, Class II: An animal, which is normally part of the livestock maintained on a farm including:

a.

Bovine and like animals, such as cows.

b.

Equine and like animals, such as horses.

c.

Swine.

d.

Ovis (ovine) and like animals, such as sheep and goats.

e.

Other animals weighing 75 pounds or more, and not otherwise specifically classified herein.

(3)

Animal, Class III: Rabbits (which are not maintained or kept as domesticated household pets); poultry, waterfowl, such as geese or gamebirds such as pheasant and grouse, and other animals weighing less than 75 pounds not specifically classified herein.

Apartment building means a residential building containing three or more dwelling units located on one lot; also referred to as a multiple-family building.

Area plan is a plan that is submitted with and is part of either a PUD, APD or OSPD rezoning request. It shall conform to the requirements provided in section 74-542 of this article. For the purposes of a PUD, APD or OSPD the area plan is in addition to and subject to the requirements for a subdivision plat or a site condominium review and site plan review.

Automobile repair station means a business which provides or offers for sale to the motoring public the items, materials and services normally obtainable in an automobile service station. In addition, the repair station provides vehicle rescue service and emergency road service, and may conduct major mechanical, electrical, cooling, exhaust, and power system and similar repairs. Minor body repairs may be made but operations such as bumping, welding, reshaping, resurfacing, sanding, and paint spraying to restore wrecked vehicles to serviceable conditions are prohibited.

Automobile service station means a building and premises where gasoline, oil, grease, batteries, tires, and automobile accessories are dispensed at retail cost and minor maintenance services may be provided. Uses permitted at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair station or body shop.

Basement means the portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average contact grade to the top surface of the basement floor is greater than or equal to the vertical distance above the average contact grade to the basement ceiling.

Bed and breakfast operations means a use that is subordinate to the principal use of a single-family detached dwelling unit, in which transient guests are provided with sleeping rooms and limited to breakfast meals on a short-term basis, in return for payments.

Billboard. See Sign, outdoor advertising.

Boarding house. See Roominghouse.

Building means an enclosed structure having a roof supported by columns, walls, arches, or other devices and used for the housing, shelter, or enclosure of persons, animals, or chattels.

Building height means the vertical distance measured from the finished floor of the first story to the highest point of the roof for a flat roof, to the deck line of a mansard roof, or to the midpoint elevation between eaves and ridge for a gable, hip, or gambrel roof of a building. The first story shall be considered the lowest story of which the ceiling is four feet or more above the average contact grade level at any exterior wall of the building.

Building line means the minimum distance which any structure must be located from a property line, an easement line of an approved private street, a street right-of-way line, or a high water line. The term "building line" is also defined as the rear or interior line of any required yard.

Business means any commercial enterprise involving the creation, purchase, sale, lease, barter, or exchange of goods, wares, merchandise, and/or the provision of services conducted for compensation, profit, or other gain on behalf of oneself or others.

Caliper. The method by which nursery tree stock is measured. This measurement is taken six inches above the ground if caliper measurement is four inches or less; if caliper measurement is larger, then the measurement is taken 12 inches above the ground.

Campground means a parcel in which sites are offered for the use of the public or members of an organization, either free of charge or for a fee, for the establishment of impermanent living quarters for tents or recreational vehicles. The term "campground" shall not include a "seasonal mobile home park" licensed under Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Campground, temporary means a campground used on a temporary or short-term basis not to exceed a period of four weeks.

Child care center or day care center means a facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that 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 any of the following:

(1)

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a 12-month period.

(2)

A facility operated by a religious organization where children are cared for not more than three hours while persons responsible for the children are attending religious services.

(3)

Beginning July 1, 2003, a facility or program for school-age children that is operated at a school by a public school or by a person or entity with whom a public school contracts for services, in accordance with section 1285a(2) of the Revised School Code (MCL 380.1285a(2)), if that facility or program has been granted an exemption under section 1285a(2) of the Revised School Code (MCL 380.1285a(2)).

Clear cutting. A practice where most or all trees are cut down within a woodland within a short time period.

Clinic means an establishment where human patients are examined and treated by a group of physicians, dentists, or similar professions. A clinic shall not include overnight boarding facilities.

Club means buildings or facilities owned and operated by a corporation, association or persons for social or recreational purposes for members and guests, but not operated primarily for profit or to render a service customarily carried on as business.

Commercial kitchen, agricultural means a permanent kitchen as defined below located on a farm that is (a) subordinate to the primary farm operation; (b) licensed by the Michigan Department of Agriculture as a Wholesale Food Processor and by the Washtenaw County Health Department, as required; and (c) used for any of the following:

(1)

Storage, preparation, or handling of food for dispensing through any legally permissible channel other than retail sales for consumption on site.

(2)

Temporarily rented to someone other than the owner of the farm or the farm tenant who is licensed as a wholesale food processor at this kitchen for preparation of food for commercial purposes to be consumed off premises

(3)

Agricultural education.

Commercial kitchen, major agricultural means one or more agricultural commercial kitchen facilities located on a farm that have a total combined floor area of greater than 2,500 square feet.

Commercial kitchen, minor agricultural means one or more agricultural commercial kitchen facilities located on a farm that have a total combined floor area of 2,500 square feet or less.

Commercial wind energy conversion system shall mean any WECS that is exclusively designed and built to provide electricity to the electric utility's power grid as an ongoing commercial enterprise or for commercial profit.

Common areas means the area to be used by all residential lot owners that is not dedicated open space.

Community supported agriculture (CSA) means a farm that produces farm products for a group of farm members or subscribers who pay in advance for their share of the harvest.

Conditional use. See Use, conditional.

Condominium means a form of development and ownership of land for residential, commercial, industrial or other purposes as permitted in the zoning district in which it is located. Each co-owner has exclusive ownership of the co-owner's unit and an undivided interest in the common areas of the development. A condominium may consist of (i) air space units in a multiunit structure, together with ownership of an individual interest in common elements or (ii) a land area upon which a residence or other structure may be constructed, together with ownership of an individual interest in common elements, all as defined in the applicable master deed establishing the condominium.

Condominium documents means the master deed, recorded pursuant to the Condominium Act (MCL 559.101 et seq.), and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.

Condominium subdivision plan means the drawings and information prepared in accordance with section 66 of the Condominium Act (MCL 559.166).

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, 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.

Conservation easement means that term as defined in section 2140 of the Natural Resources and Environmental Protection Act (MCL 324.2140).

Consolidating master deed means the final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act (MCL 559.101 et seq.).

Convalescent (nursing) home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals and nursing and medical care, and which structure and operation complies with the State regulations.

Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the Condominium Act (MCL 559.171).

Critical root zone (CRZ). The circular area surrounding a tree which contains tree roots within 18 inches of the ground surface. The radius of the critical root zone is, in feet, the same numerical value as the tree's diameter at breast height (DBH) in inches and is measured outward from the center of the tree. For example, the critical root zone of a 12 inch DBH tree has a radius of 12 feet.

CSA Distribution site means a specific location on a site, either inside or outside a building, where members pick up their share of the harvest, including parking areas.

Day care home or group day care home means a private home in which more than six but not more than 12 minor children are given care and supervision for periods of time 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. The term "group day care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

dB(A) shall mean A-weighted decibels. This is the standard used to measure environmental noise.

Dedicated open space is open land that is permanently set aside by the owner for protection in a generally undeveloped state. It is used in APD and OSPD. It includes the agricultural land and the secondary conservation area.

Diameter breast height (DBH). A tree's diameter in inches measured by diameter tape at 4½) feet above the ground. On multi-stem trees, the largest diameter stem shall be measured.

Drain tile means any system of tile or piping, regardless of composition of the materials of such tiles or piping, designed or used to remove moisture contained in the soil.

Dripline. The line extending vertically from the exterior edge of a tree's live crown to the ground.

Drive-in means a business establishment so developed that its sales or service character is primarily dependent on providing driveway approach or parking spaces for motor vehicles so arranged as to serve patrons while in the motor vehicles as well as within the building or structure.

Dwelling, multiple-family, means a dwelling located in an apartment building.

Dwelling, senior citizen, means a dwelling designed for and limited to occupancy by persons aged 60 years old or older or other age limits as used by the State Housing Development Authority.

Dwelling, single-family attached, means three or more adjoining dwelling units, each of which is separated from an adjoining unit by a party wall, and is separated from any other building or structure by open space on the remaining sides.

Dwelling, single-family detached, means a detached residential building, other than a mobile home, designed for and containing one dwelling unit only.

Dwelling, townhouse, means a dwelling unit located within a townhouse building, with each dwelling unit having separate front and rear or front and side entrances from the outside, and with each unit having individual front and rear yards located and designed as an integral part of each dwelling unit. Each dwelling unit shall be separated from the adjoining dwelling unit by a party wall, the length of which shall be at least 20 percent of the length of the common wall joining the two dwelling units.

Dwelling, two-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families. The dwelling units may be arranged one above the other or side by side, provided that, if side by side, the length of the party wall shall constitute at least 20 percent of the length of the common wall joining the two dwelling units.

Dwelling unit or DU means one room or rooms connected together, constituting a separate, independent housekeeping unit for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which might be located within the same structure. A dwelling unit shall contain independent kitchen, bathroom, sleeping, and living facilities, and shall be designed for and occupied by one family only.

Ecological characterization report. A report that provides reliable and factual data and information describing the ecological components, functions and value of tree and Woodland resource areas, such as native plant species (tree, understory and ground layer), wildlife, habitat resources, wetland and riparian areas, steep slopes, and other information.

Essential services means the erection, construction, operation, or maintenance by municipalities, departments, commissions, or boards, or by other governmental agencies, of the underground portions of water distribution systems and sewage disposal systems, dams, weirs, culverts, bridges, canals, locks, main drains, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, and other similar equipment and accessories in connection therewith, but not including buildings.

Expandable condominium means a condominium project to which additional land may be added in accordance with this chapter and the Condominium Act (MCL 559.101 et seq.).

Family means:

(1)

One or more persons related by blood, marriage or adoption, together with no more than three additional persons occupying a dwelling unit and living as a single housekeeping unit; or

(2)

A collective number of individuals living together in one dwelling unit under one head, whose relationship is of a permanent and distinct domestic character, and living as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, group, coterie, organization, or other group of individuals whose association is temporary or seasonal in character or for an anticipated limited duration.

Farm means the land, plants, animals, building, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.

Farm market/roadside stand has the meaning set forth in the March 2011 Michigan Department of Agriculture and Rural Development Generally Accepted Agricultural and Management Practices ("GAAMPS") for Farm Markets modified as follows to incorporate references to regulations allowed under local ordinances:

Farm market/roadside stand means a place or an area where transactions between a farm market operator and customers take place, including roadside stands. It does not necessarily mean a physical structure such as a building, and is considered part of a farm operation. A farm market may operate seasonally or year round. Only farm products may be marketed and offered for sale at the farm market/roadside stand. At least 50 percent of the products marketed and offered for sale at a farm market, as defined in GAAMPS, (measured as an average over the farm market's marketing season or up to a five year timeframe) must be produced on and by an affiliated farm. An affiliated farm means a farm under the same ownership or control (e.g. leased) as the roadside stand or farm market, but the roadside stand, market or facility does not have to be located on the same property where the production occurs. The other 50 percent of the farm products marketed and offered for sale need not be produced on or by an affiliated farm but must be produced at a farm located within Michigan and within 100 miles of the Township. The farm market/roadside stand must be located on land zoned for agricultural use and its related activities. Farm products sold at the farm market/roadside stand may have been 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. Farm market operations may include only those marketing activities and services as authorized under applicable local, state and federal laws and regulations. All buildings, structures, parking, driveways, vehicle access and signage must comply with applicable local, state and federal laws and regulations.

Farm operation means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, including farm operations as defined in the Michigan Right to Farm Act, MCL 286.471 et seq.

Farm product means those plants and animals useful to humans produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed corps, field crops, dairy and dairy products, poultry and poultry products, Cervidae, livestock (including breeding and grazing), equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur as determined by the Michigan Commission of Agriculture.

Feed grain elevator means a type of agricultural processing facility, established as a commercial agricultural products distribution facility for elevating, storing, discharging, and processing grain and other agricultural products. The term shall not apply to on-farm silos that serve as accessory structures to a principal farming operation.

Fence means a marker, barrier, or enclosure intended to screen a land use, or restrict access to or egress from a lot or parcel of land, constructed of wood, metal, stone, or other natural or artificial materials. The term fence shall include gates. A wall, other than a retaining wall, will be considered a fence if it accomplishes the purpose(s) of a fence.

Fence, interior means a fence located outside of a required front, side, or rear yard, as defined by this ordinance. Examples include a fence intended only to provide limited screening of a specific element within the property, or enclose a small portion of the property for a specific purpose, such as a garden or dog run.

Fence, perimeter means a fence located inside a required front, side, or rear yard, as defined by this ordinance. An example includes a fence that is intended to provide full or partial enclosure of a property along or near the property line.

Floodplain means the area adjoining a river, stream, watercourse, or lake which is inundated by a flood discharge which results from a 100-year flood frequency. The floodplain shall include the stream channel and over bank area (the floodway) and the fringe areas of the floodway.

Floor area. The floor area of a building shall be the sum of the gross horizontal floor areas of all floors of a building that are accessible by a fixed stairway, except basements, as measured to the exterior face of the exterior walls. The measurement of a principal building shall include the floor area of all accessory buildings measured similarly.

Floor area ratio (FAR) means the ratio of the floor area of a building to the area of the lot on which the building is located. The ratio is calculated by dividing the total floor area by the total lot area, both areas being in the same unit of measure, and expressing the quotient as a decimal number. The term is commonly referred to as FAR.

Forestry operations. Activities related to the harvesting, reforestation, and other management activities, including, but not limited to, thinning, pest control, fertilization, and wildlife management, that are consistent with principles of sustainable forestry.

Garage, private, means a fully enclosed structure, accessory to the principal permitted structure, for the storage of motor vehicles. This definition shall not include an automobile service station or any other structure at which vehicle fuel is sold, or in which repair or other services are performed.

Gasoline station. See Automobile service station.

Grade. For the purposes of determining structure height, the following rules shall apply:

(1)

For buildings adjoining one street only, it is the elevation of the sidewalk, or the crown of the street, if there is no sidewalk, directly opposite the center of the wall that adjoins the street. If the average elevation of the contact grade is lower than the elevation of the street or sidewalk grade, whichever is applicable, the grade shall be the average elevation of the lowest contact grade.

(2)

For buildings adjoining more than one street, the grade is the elevation as determined in subsection () of this definition for the street or sidewalk having the lowest elevation.

(3)

For buildings having no wall adjoining a street, the grade is the average contact grade along the exterior walls of the building.

(4)

All walls that are approximately parallel to and not more than 35 feet from the street line shall be considered as adjoining the street.

(5)

Where street or sidewalk elevation has not been established, the Building Inspector shall determine such elevation for purposes of this chapter.

Grade contact means the elevation of the finished ground surface along and adjacent to the exterior wall of a building.

Greenhouse, commercial means a building that is used to grow plants as part of a farming operation. No retail sales are allowed unless through a Farm Market, as defined in this ordinance. This building is constructed of permanent or temporary framing that is set directly on the ground and is covered with glass panels or plastic or other transparent material. This definition includes hoop houses.

Greenhouse, private means an accessory building used by the occupants of the principal building to grow plants for recreation or pleasure as a hobby greenhouse. This building is constructed of permanent or temporary framing that is set directly on the ground and is covered with glass panels or plastic or other transparent material. This definition includes hoop houses.

Greenway means a contiguous or linear open space, including habitats, wildlife corridors, and trails, that link parks, nature reserves, cultural features, or historic sites with each other, for recreation and conservation purposes.

Ground floor coverage (GFC) means the total ground floor area of the principal and all accessory buildings, divided by the total lot area, both areas being in the same unit of measure, and expressed as a percentage. The term is commonly referred to as GFC.

Group foster care home means a residential structure meeting the licensing requirements of Public Act No. 218 of 1979 (MCL 400.701 et seq.) and section 74-599 for the habitation of a group of individuals, not under criminal sentence, participating in a recognized community health and/or community-supported program, but not including mental cases declared by competent authority to be unable to relate to community life, contagious, or drug or alcohol addict cases, on a long-term basis, where necessary supervision and guidance are provided and lodging and meals are provided by prearrangement for definite periods.

Group living means a residential living arrangement embracing a wide range of groups of people not defined as a family. Group living is not a home occupation accessory to a single-family dwelling, two-family dwelling, or multiple-family dwelling. Group living includes, but is not limited to the following:

•

Group residential facilities: including fraternity or sorority houses; dormitories or residence halls; convents, monasteries, or other religious residential facilities.

•

Group homes: including child or adult foster care facilities' emergency shelters and shelters for victims of domestic violence; residential substance abuse treatment facility; residential care facilities, assisted living facilities, convalescent, nursing or rest home, or homes for the aged.

•

Institutional living: including boarding school, child caring institution (not a day care center), penal or correctional institution, detention facility, pre-release adjustment center, or halfway house.

Grubbing. Removal of understory and ground layer vegetation from a woodland area.

Hobby means a pursuit or activity done in one's leisure time and outside one's regular occupation, for relaxation and/or pleasure and not for economic gain or support.

Home occupation means a business, business activity, profession, occupation, or trade activity that is conducted by one or more occupants of a dwelling for the economic gain or support of that person or residents of the dwelling and is conducted as a customary, incidental, and subordinate accessory use to the residential use of the dwelling or associated accessory building. A home occupation includes telecommuting and other remote working but does not include a hobby, or uses classified as group living or public accommodations. For the purposes of this ordinance, home occupations shall be classified and regulated by category as specified in section 74-9.

Homeowners' association means an association of lot owners of perpetual duration governing and administering the affairs of the residential lot owners, including a condominium association.

Horizontal-axis wind energy conversion systems shall mean conventionally designed systems that have a main rotor shaft that is parallel to the ground and a series of "blades" that are perpendicular to the ground, as in a traditional agricultural windmill. Horizontal-axis wind energy conversion systems are traditionally mounted on a tower or pole and must be pointed into the wind.

Hospital means an institution providing health services primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.

Hotel means a building or part of a building, with a common entrance or entrances, in which the rooming units are used only for accommodation of transients, in which no provision is made for cooking in any individual room, and in which one or more of the following services are offered:

(1)

Maid service;

(2)

Furnishing of linen;

(3)

Telephone, secretary or desk service; and

(4)

Bellboy service.

A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms, and dwelling units for management staff.

Junkyard means an open lot and any accessory buildings where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, wood, and bottles, and including automobile graveyards.

Kennel, commercial, means any building and/or land used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, or other domestic animals for purposes of show, hunting, or as pets, but not including riding stables.

Kitchen means any room or portion of room that contains facilities for the preparation, cooking and serving of food, and includes a sink and either a stove, range, grill or oven.

Knox box ^® means a secure, tamperproof device with a lock operable only by a fire department, police department, or emergency services department master key, and containing entry keys, cards, passcodes, and/or operating instructions for access through the driveway gate in an emergency.

Land development standards means the compilation of land development standards adopted by the Township Board on July 21, 1997, and as amended from time to time.

Livestock means horses, cattle, sheep, and swine.

Loading space means an off-street space on the same lot with the principal building or use designed and used for the temporary parking of commercial vehicles for purposes of loading and unloading merchandise or material.

Lot means a parcel of land, including platted lots, site condominium units, or parcels, but excluding any street or other right-of-way with at least sufficient size to meet the minimum requirements for use, coverage, and lot area and to provide such yards and open spaces as required in this chapter. Such lot shall have frontage on a public street or on a private street approved by the Township Board and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

Any combination of complete and/or portions of lots of record if continuous;

(4)

A parcel of land described by metes and bounds; provided that in no case of division or combination shall the area of any lot or parcel created, including residuals, be less than that required by this chapter.

In addition to the land required to meet the regulations of this chapter, the lot shall include all other land shown in a request for a building permit or a certificate of occupancy, occupied by a principal building or use, and any accessory building or use.

Lot area means the area within the described lot lines excluding existing rights-of-way.

Lot depth means the length of that line between the midpoint of a straight line connecting the two foremost points of the side lot lines and the midpoint of a straight line connecting the two rearmost points of the side lot lines.

Lot lines. The lines bordering a lot, as defined in this section, shall be as follows:

(1)

Front lot line, in the case of an interior lot, means that line separating the lot from the street. In the case of a corner lot or double frontage lot, it is that line separating that lot from either street.

(2)

Rear lot line means that line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, farthest from the front lot line and located wholly within the lot.

(3)

Side lot line means any lot line other than the front lot line and rear lot line.

Lot of record means a lot which is part of a subdivision shown on a map thereof which has been recorded in the office of the register of deeds of the County, or a lot described by metes and bounds, the description of which has been recorded in such office.

Lot types.

(1)

Corner lot means a lot located at the intersection of two or more streets. A lot abutting a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

(2)

Interior lot means a lot other than a corner lot, with only one frontage on a street.

(3)

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double-frontage lots.

Lot width means the horizontal straight-line distance between the side lot lines, measured along the front building line. The straight-line distance between the side lot lines at their foremost points, where they intersect the street line, shall not be less than 80 percent of the required lot width, except in the case of lots fronting onto the turning circle of cul-de-sac streets, in which case the minimum distance shall be 20 feet.

Lots means residential parcels created by platting, recording of a condominium or land divisions.

Marijuana provisioning center or dispensary means a use consisting of the commercial, retail sale, supply or provision of marijuana.

Master deed means the condominium document creating, upon recording, the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by section 8 of the Condominium Act (MCL 559.108).

Master plan means a comprehensive land use plan for the Township which, through any combination of text, charts, and maps, sets forth proposals for general locations for the various land uses, streets, parks, schools, public buildings, and utilities, and for the physical development of the Township, adopted by the Planning Commission and duly transmitted to the Township Board and to the County Planning Commission, County Zoning Commission, or Coordinating Zoning Committee, if any, or any unit or part of such plan separately adopted, and any amendments to such plan or any unit or part thereof separately adopted; provided, however, that any such plan or any unit or part thereof separately adopted shall have been published. Any reference in this chapter to "adoption" of plans refers to adoption by the Planning Commission in accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.). The term "master plan" includes such commonly used terms as basic plan, general plan, comprehensive plan, and land use plan.

Medical marijuana grow operation means a use, in accordance with the Michigan Medical Marijuana Act, as amended ("MMMA"), for the growing, cultivation, and planting of more than 12 and less than 73 marijuana plants.

Mineral mining means any pit, excavation, or mining operation for the purpose of searching for, or removing, for use, any earth, top soil, sand, gravel, clay, stone, or other nonmetallic mineral in excess of 50 cubic yards in any calendar year. The term shall not include an oil well or any excavation preparatory to the construction of a building, structure, roadway or pipeline that has been approved pursuant to the applicable permitting process.

Mobile home means a structure, transportable in one or more sections, that is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term "mobile home" does not include a recreational vehicle.

Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

Mobile home site means a parcel of ground within a mobile home park designed for accommodating one mobile home dwelling unit and meeting the requirements of this chapter for a mobile home site.

Mobile home subdivision means the legally platted residential subdivision accommodating mobile homes.

Motel. See Hotel.

Namesake ingredient means a product's main ingredient from which it derives part of its name. For example, the namesake ingredient for apple pie is apples; for strawberry jam, strawberries; and for pumpkin butter, pumpkin.

Nature and wildlife preserve means a parcel of land which is established for the purpose of preserving and protecting natural communities of plants and animals indigenous to Michigan for their scientific or aesthetic interest.

Nature center means a building sited in a natural setting devoted to the study of the history and sciences related to the physical environment.

Nonconformity, structure, means a structure or part thereof lawfully constructed and existing on December 13, 1976, or, as applicable, on the effective dates of amendments to this chapter, that does not conform to the area, placement, and height regulations and off-street parking and loading requirements of the district in which it is located.

Nonconformity, use, means a structure, lot, or other parcel of land lawfully occupied by a use on December 13, 1976, or, as applicable, on the effective dates of amendments to this chapter and which does not conform to the use regulations of the district in which it is located.

Notice of proposed action means the notice required by section 71 of the Condominium Act (MCL 559.171), to be filed with the Township and other agencies.

Nursery (plant materials) means a lot or structure or combination thereof for the growing, storage, wholesale sale, or retail sale of live trees, shrubs, and plants, and including as incidental sales the sale of products used for gardening or landscaping. This definition of nursery does not include a roadside stand or temporary sales facility for Christmas trees.

Off-street parking area means a land surface providing vehicular parking spaces, along with adequate drives and aisles for maneuvering and access, for the parking of three or more automobiles or trucks or other vehicles.

On-site wind energy conversion system shall mean a WECS, the energy from which is used only by the primary residence or residences in a cooperative effort, business or agricultural operation and not sold or transferred to the electrical grid for commercial profit. This does not exclude the sale of excess energy sold to a utility through net metering for on-site WECS when the WECS produces more energy than can be stored or used on-site.

Open space preservation community or OSPC means a residential development in which two or more dwelling units are placed together into one or more groupings within a defined project area as described in division 4 of article IV. The dwelling units are separated from adjacent properties and other groupings of dwellings by open space that is perpetually protected from development and shall remain in an undeveloped state. An OSPC is differentiated from an OSPD in that a rezoning petition is not required for an OSPC. An area plan and zoning petition are required for an OSPD.

Open space preservation residential district or OSPD means a rural residential development in which two or more dwelling units are placed together into one or more groupings within a defined project area. The dwelling units are separated from adjacent properties and other groupings of dwellings by open space that is perpetually protected from development and shall remain in an undeveloped state.

Parcel means a lot as defined in this section.

Park, public or private means a public or private area dedicated to recreation use and generally characterized by its natural, historic, and landscape features. It may be used for both passive and active forms of recreation and may be designed to serve the residents of a neighborhood, community, or region. Parks, by definition, shall not be operated as profit making businesses, and shall dedicate space for uses such as natural-feature preservation, open space, trails, playgrounds, picnic facilities, swimming beaches, and game courts and fields. For purposes of this chapter, the following more specific definitions shall apply:

(1)

Community park, passive means a park less than 50 acres in size which is designed and equipped to serve the township, as well as neighboring residential areas for passive recreation pursuits such as natural feature and open space preservation, trails, birding, playgrounds and picnic facilities.

(2)

Community park, active means a park less than 50 acres in size which is designed and equipped to serve the township, as well as neighboring residential areas used primarily for active recreation pursuits such as sports fields, courts and rinks, including accessory bleachers and concession stands, splash pads, swimming pools, and other similar activities. Active parks may also include passive recreation.

(3)

Regional park, passive means a park 50 acres or more which is designed and equipped to serve areas outside the township, as well as the township for passive recreation pursuits such as natural feature and open space preservation, trails, birding, playgrounds and picnic facilities. Active recreation pursuits, such as sports fields, courts and rinks, including bleachers and concession stands, splash pads, swimming pools, and other similar facilities are not permitted.

Parking space means an area of definite length and width for the parking of one vehicle only, such area to be exclusive of drives, aisles, or entrances giving access thereto, and fully accessible for the parking of permitted vehicles.

Party wall means a fire wall, located between two dwelling units, without openings, extending from a basement floor or foundation to the highest point of the roof. A party wall may be all or a portion of the wall common to two dwelling units.

Permitted use. See Use, permitted.

Place of worship means a building used for the regular assembly of persons for the primary purpose of religious worship and which is operated, maintained and controlled by a religious body organized to sustain public worship, together with related accessory buildings and uses by such religious body customarily associated with the primary purpose, such as offices and religious education classes.

Planning Commission means the Planning Commission of the Township as established under Public Act No. 33 of 2008 (MCL 125.3801 et seq.).

Planned unit development means a zoning district which permits integrated and coordinated development of various types of residential dwellings and certain nonresidential uses, all to be developed according to approved area and site plans as provided in this chapter.

Professional engineer means an engineer registered in the State as a professional engineer.

Primary conservation area is all area in watercourses or wetlands, as defined in the Township Wetland Ordinance, any area devoted to natural or improved flood control channels, or those areas encumbered by floodway or County drain easements. Land in a primary conservation area is not counted in computing the net residential density for an APD.

Prime farmland means land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops with minimum inputs of fuel, fertilizer, pesticides and labor, without intolerable soil erosion, as determined by the Secretary of Agriculture. Prime farmland in Ann Arbor Township is identified by the Natural Resource Conservation Service for Washtenaw County (Tabular Data Version 8, 12/14/2006), or its successor agency.

Prime farmland if drained means prime farmland which has been subject to drainage (tiling, surface excavation, or both) to make it productive for agricultural purposes as evidenced by agricultural activity (tillage, pasture, etc.).

Project means the total area of land being proposed for development and preservation under this article and described in an area plan under this article.

Public accommodation means an establishment providing transient sleeping or lodging accommodations to the general public for compensation including but not limited to: hotels or motels; boarding, rooming or lodging houses; tourist homes; bed and breakfasts; and short-term rentals. Public accommodations are not home occupations accessory to a single-family dwelling, two-family dwelling, or multiple-family dwelling.

Public sanitary sewage system means a system of pipes and structures including pipes, channels, conduits, manholes, pumping station, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes of such nature as to be capable of adversely affecting the public health, owned and operated by a municipality.

Recreational vehicle means a vehicle or trailer primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, that either has its own motor power, or is mounted on or drawn by another vehicle that is self-powered. Examples include travel trailer, camping trailer, motor home, truck camper, slide-in camper, chassis-mount camper, single-sectional mobile home for temporary living quarters for recreation, camping or travel use. Recreational vehicle does not include a "mobile home," as defined in this ordinance, used as a permanent dwelling, residence or living quarters.

Riding stable, private, means any building or structure used or designed for the boarding, breeding, or care of not more than two horses, other than horses used for farming or other agricultural purposes.

Riding stable, public, means any building or structure used for the boarding, breeding or care of horses for commercial or business purposes, and not for personal use, other than horses used for farming or agricultural purposes. A public riding stable may include areas and facilities for the training, riding, or driving of horses and for the offering of lessons to teach the riding and driving of horses.

Road. See Street.

Roominghouse means a building containing three or more rooming units, other than a hotel or motel, where for compensation and by prearrangement for definite periods, lodging or lodging and meals are provided.

Rooming unit means a room or group of rooms forming a single habitable unit, used for living and sleeping, but which does not contain cooking or eating facilities.

Sanitary landfill means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of suitable cover at the conclusion of each day's operation or at more frequent intervals as necessary.

School, primary, means a facility, either public or private, certified by the State, that offers all or part of a kindergarten through sixth grade education.

School, secondary, means a facility, either public or private, certified by the State, that offers all or part of a seventh through 12th grade education.

Screen means a structure providing an enclosure and/or visual barrier between the area enclosed and the adjacent property. A screen may also be a nonstructure, consisting of shrubs or other growing materials of sufficient height and density as to provide an enclosure and/or a visual barrier.

Secondary conservation area is an area with sensitive natural features, such as lands with slopes exceeding 12 percent or highly erodable soils and all areas within natural features setbacks as defined in article VII, sections 74-681 through 74-690 of the Township Zoning Code [this chapter] pertaining to natural features setbacks. In an OSPD or APD, such areas are generally to be included in dedicated open space and can be counted in computing the net residential density for an OSPD or APD.

Sign means any structure or part thereof, or device attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, code, mark, or other representation used as, or in the nature of, an announcement, advertisement, direction, or designation, of any person, firm, organization, place, commodity, service, business, profession, or industry which is located upon any land or in any building, in such manner as to attract attention from outside the premises.

Sign, direction or information, means a sign identifying a street or designating the location of a community or institution of public or quasi-public nature or the opening of an event of public interest, but not including signs pertaining to real estate, and not including any advertising matter.

Sign, identification, means a sign which carries only the name of the firm, the major enterprise, or the principal product or service offered for sale on the premises or a combination of these things only to identify location of such premises and not to advertise, and located only on the premises on which the firm, major enterprise, or principal product or service is situated.

Sign, freestanding, means an identification sign supported by a structure independent of any other structure. Identification signs on water towers or other elevated tanks should be considered freestanding signs.

Sign, outdoor advertising, means a sign, including billboards, on which the written or pictorial information is intended to advertise a use located on other premises, and which is intended primarily for advertising purposes, erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Site condominium means a condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which it is located, in which each co-owner owns exclusive rights to a land upon which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.

Small medical marijuana grow operation means a use, in accordance with the MMMA, for the growing, cultivation, and planting of no more than 12 marijuana plants by a qualifying patient or primary caregiver as defined in the MMMA.

Solar collector surface means any part of a solar energy system that absorbs, reflects or refracts solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware.

Solar energy, also referred to as sunlight, means electromagnetic energy radiated by the sun that serves as a power source for a solar energy system.

Solar energy system (SES) means a system (including solar collector surfaces and ancillary solar equipment) either affixed to a permanent principal or accessory building or functioning as a free-standing structure that collects and converts solar energy into electrical, thermal, or mechanical energy. Such energy may or may not be stored on site prior to distribution. Solar energy systems include, but are not limited to, photovoltaic (PV) electric power systems and solar thermal heating systems. A solar energy system (SES) is considered a structure permanently affixed to the ground, regardless of the ease with which it can be moved. An SES shall not be moved to another location without first complying with the approval process of the ordinance from which this section derived for the new location of the SES.

Small-scale SES means a solar energy system that meets all of the following:

a.

Is accessory to the principal use on the site; and

b.

Size limits:

1.

For a ground-mounted SES, the total surface area of all solar collector surfaces within an small-scale SES is a maximum of 1,500 square feet or a maximum of 4,500 square feet if serving a farm operation, and/or

2.

For building-mounted SES (on existing principal and/or accessory structure), the total area of all small-scale SES solar collector surfaces can be any size subject to the limitations set forth in section 74-618; and

c.

The sale and distribution of excess available energy, if permitted, to an authorized public utility for distribution shall be incidental to this type of system, and is not its primary purpose.

Large-scale SES means a solar energy system that meets one or more of the following:

a.

The SES is the principal and primary use on the site; and/or

b.

The total surface area of all ground-mounted SES solar collector surfaces exceeds 1,500 square feet or 4,500 square feet if serving a farm operation; and/or

c.

Is primarily used for generating electricity for sale and distribution to an authorized public utility.

Building mounted SES means a solar energy system affixed to a permanent principal and/or accessory building or structure (i.e. roof or wall).

Ground-mounted SES means a free-standing solar energy system that is not attached to and is separate from any principal or accessory building or structure on the parcel of land on which the solar energy system is located. A ground-mounted SES is a structure as defined in the Township Ordinance.

Story means that portion of a building between the top surface of any floor and the top surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it. A basement shall be counted as a story if it is used for business or dwelling purposes. A mezzanine floor shall be counted as a story if it covers more than one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is 20 feet or more.

Story, one-half, means an uppermost story lying under a sloping roof having a floor area less than 50 percent of the floor area directly below it. For the purpose of this chapter, the usable floor area of a half-story is only that area having at least four feet clear height between the finished floor and ceiling of such story.

Street means a public or private trafficway which meets the requirements of this chapter and which affords the principal means of vehicular access to the abutting property.

Street line means a right-of-way line of a public street or the easement line of a private street approved by the Township Board. In the case of section line roads, the street line shall be a line 33 feet from and parallel to the section line, unless an easement or right-of-way of different width is held by the County Road Commission.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures shall include buildings, mobile homes, walls, fences, billboards, and towers.

Structure height. See Building height.

Structural alterations means any change in the supporting elements of a building or structure such as, but not limited to, bearing walls or partitions, columns, beams, or girders, or an substantial change in the roof.

Surveyor means a professional surveyor licensed under article 20 of the Occupational Code (MCL 339.2001 et seq.).

Sustainable forestry. Forestry practices that are designed to meet present and future wood product needs by employing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and visual changes.

Swimming pool, commercial, means a swimming pool and/or wading pool operated by a nongovernmental unit for profit.

Swimming pool, community, means a swimming pool and/or wading pool, including buildings necessary or incidental thereto, owned and operated by an association of members for the benefit of such association, incorporated or unincorporated, provided that such association is not organized for profit, and provided that the right to use such pools is restricted to these members and their guests.

Swimming pool, private, means a swimming pool and/or wading pool, including structures necessary and incidental thereto, owned and operated by the landowner of the parcel on which situated, for use only by the residents of the parcel on which situated and their guests.

Telecommuting means an arrangement between an employer and employee for performing work at a location other than the primary work location, such as in the dwelling of an employee or in a satellite office, and sending and receiving material by phone, email, or other electronic means. A self-employed person working from his or her dwelling and sending and receiving material by phone, email, or other electronic means is also a telecommuter.

Temporary meteorological towers (TMT) shall mean a tower of monopole design which is designed and built to hold wind resource testing devices such as anemometers, wind vanes and accessory equipment and which is to remain in place for no more than 18 months.

Time limits means calendar days, weeks, months, or years, whichever are applicable, unless otherwise specified in this chapter.

Total buildable area is an area calculated by subtracting from the gross project acreage, the areas comprised of rights-of-way for public and private roads and the primary conservation areas and the area of intensive livestock operations. This is the area used to compute the allowable maximum residential density for an OSPD or APD.

Tourist home means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.

Townhouse means a residential building containing at least three but not more than eight townhouse dwelling units arranged side by side.

Travel trailer means a vehicular portable structure mounted on wheels and of a size and weight as not to require special highway movement permits when drawn by a stock passenger automobile or when drawn with a fifth wheel hitch mounted on a motor vehicle, and is primarily designed, constructed, and used to provide temporary living quarters for recreational camping or travel.

Tree. Any self-supporting, woody plant of a species which normally grows to an overall height of 15 feet or more and/or has a minimum DBH of three inches.

Tree, invasive. Trees that are non-native and are likely to cause harm to local ecosystems by crowding out natives and thus reducing the diversity of the ecosystem as further defined in section 74-605(j).

Tree, landmark. Any tree in a healthy, live condition that is not an "invasive tree" as defined herein, that is 24 inches DBH or greater, or meets the minimum size (DBH) requirements of the species listed in this chapter as further defined in section 74-605(k). Landmark Trees are considered protected trees under this chapter.

Tree, native. A tree species that has naturally evolved in an area over thousands of years under certain soil, hydrologic, and other site conditions. Where "native" tree or plant is used in the text, this means a straight species, not a cultivar of a species.

Tree, non-invasive. A plant species which spread is controlled in some manner and is not listed in this ordinance as an invasive tree.

Tree, non-native. A plant species that has evolved in a country or region other than Washtenaw County, Michigan, and has been introduced by human activity.

Tree, protected. Any tree in a healthy, live condition that is not an "invasive tree" as defined herein, is at least 15 feet tall, and has a single stem trunk of eight inches DBH or greater, or a multi-stem trunk system where one or more of the stems is four inches DBH or greater. Landmark trees are considered protected trees under this chapter.

Tree/woodland removal permit. A permit issued pursuant to section 74-605(h).

Tree/woodland survey. A survey that describes, through plans, graphics and written narrative, the location, species, condition, and other details, as required by this chapter, of existing tree and woodland resources as further defined in section 74-605(l).

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural land use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway, or linear park.

U-pick/pick your own (PYO) operation means a farm that provides the opportunity for customers to harvest their own farm products directly from the plant.

U-pick/pick your own (PYO) operation distribution site means a specific location on a site, either inside or outside a building, where visitors to the u-pick or PYO operation check-in/out and pay for the products they picked, including parking areas.

Use, conditional, means a use that would be detrimental to other uses permitted in the same zoning district unless carefully controlled as to number, area, size, exterior design, location, or relation to the adjacent properties and to the neighborhood. Such uses may be considered necessary or important to the public health, safety, and welfare of the neighborhood or Township as a whole and may be permitted if proper safeguards are taken. Such uses may be permitted in such zoning district as conditional uses if specific provision for such conditional use is made in this chapter. The term "conditional use" as used in this chapter is the same as the term "special land use" as provided in the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

Use, permitted, means a use permitted by right in the zoning district where so designated without further action by the property owner or Township.

Value-added farm products means a processed product that converts farm products into a product that is more marketable for direct sales, and that extends a farm market's marketing season beyond its production season. Examples of value-added farm products include pies, jams and syrups. Examples of value-added processing activities include packing, washing, and cleaning, grading, storing, pitting, pressing, fermenting, distilling, packaging, cooling, storage, canning, drying, freezing, or otherwise preparing the product for sale.

Variance means a relaxation of regulations of this chapter with respect to a specific lot, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary hardship or practical difficulty.

Vertical-axis wind energy conversion systems shall mean systems that have a main rotor shaft that is perpendicular to the ground and the system does not need to be pointed into the wind. These systems are more common in areas where wind direction is variable. These systems often resemble a drum, cylinder, or helix.

Wholesale food processor means an operation that processes, manufacturers, packages, or labels food for wholesaling as defined below and in the Michigan Department of Agriculture (MDA) regulations in place at the time of adoption of Ord. No. 2-2013 [June 17, 2013]. Examples include wholesale bakery, winery/brewery, canning operation, flour mill/cereal processor, specialty foods processor, fruit and vegetable packer, or egg grading operation. For purposes of this chapter, wholesale food processor includes a limited wholesale food processor as defined in the MDA regulations.

Wholesaling means selling other than directly to consumers.

Wind energy conversion system (WECS) shall mean any device such as a turbine, windmill or charger that converts wind energy to a usable form of energy.

Woodland. A forested area (including all native trees, shrubs and ground cover thereon) of one acre or more containing 40 trees per one acre greater than eight inches in diameter at breast height (DBH), or a plantation of one acre or more with a minimum average DBH of ten inches. The critical root zone of all trees in the perimeter of the forested area or plantation defines the area of a woodland.

Woodland stewardship plan. A written document listing activities that enhance or improve Woodland resources (wildlife, timber, soil, water, recreation and aesthetics) on private land over a ten-year period as further defined in section 74-605(n).

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, except as provided otherwise in this chapter.

Yard, corner, means any yard required by this chapter, other than a front yard, that abuts a street.

Yard, front, means a yard extending the full width of a lot and situated between a street line and a front building line, parallel to the street line. The depth of the front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. In the case of rounded property corners at street intersections, where the radius of the curve is 30 feet or less, the foremost point of the side lot line shall be assumed to be the point at which the side and front lot lines would have met without such rounding. If the radius of such curve exceeds 30 feet, the yard shall be parallel to the street line. The front and rear front yard lines shall be parallel.

Yard, rear, means an open yard extending the full width of the lot between the interior side yard lines and situated between the rear lot line and the rear building line and parallel to the rear lot line. In the case of corner and through lots, there shall be no rear yards, but only front and side yards.

Yard, side, means a yard situated between the side building line and adjacent side lot line and extending from the rear (interior) line of the required front yard to the rear lot line and parallel to the side lot line.

(Comp. Ords. 1990, §§ 130.201, 130.202, 130.2101; Ord. of 4-14-1986; Ord. No. 8-89, 8-21-1989; Ord. of 9-17-1990; Ord. of 3-21-1994; Ord. No. 10-03, § 130.202, 7-21-2003; Ord. No. 2-02, 2-4-2002; Ord. No. 1-2005, 4-18-2005; Ord. No. 4-2008, 7-21-2008; Ord. No. 8-2008, 9-22-2008; Ord. No. 2-2010, 1-18-2010; Ord. No. 3-2010, 2-15-2010; Ord. No. 10-2010, 12-20-2010; Ord. No. 4-2011, 5-16-2011; Ord. No. 7-2012, 10-15-2012; Ord. No. 2-2013, 6-17-2013; Ord. No. 4-2016, 10-17-2016; Ord. No. 3-2017, 6-19-2017; Ord. No. 5-2017, 11-20-2017; Ord. No. 4-2019, 12-16-2019; Ord. No. 1-2021, 2-15-2021; Ord. No. 3-2024, 2-19-2024; Ord. No. 6-2024, 6-17-2024)

Not more than one single-family dwelling unit shall be located on a lot, nor shall a single-family dwelling unit be located on the same lot with any other principal building or structure use, except as permitted in a planned unit development, and except as permitted on farms for seasonal agricultural workers.

(Comp. Ords. 1990, § 130.303)

(a)

Temporary dwellings.

(1)

Compliance. No cabin, garage, cellar, basement, or any temporary structure, whether of a fixed or movable nature, may be erected, altered, moved upon or used in whole or in part for any dwelling purpose except as provided in this subsection (a).

(2)

Permit required. If a dwelling is destroyed or damaged so that it is uninhabitable, a temporary dwelling may be used or moved onto the same lot or parcel after a permit is obtained from the Zoning Official in accordance with subsection (a)(3) below for purposes of temporary housing of occupants of the damaged or destroyed dwelling during replacement or repair of the permanent dwelling.

(3)

Requirements and procedures.

a.

The temporary dwelling shall be placed so as to conform to all yard and setback requirements of the zoning district in which it is located, and shall be connected to private or public water supply and sewage disposal systems approved by the Washtenaw County Health Department and the Township, and a temporary electrical supply and other utilities approved by the Township.

b.

The Zoning Official shall establish a reasonable date for a termination of use and removal of the temporary dwelling, not to exceed two years from the date of issuance of a permit under this subsection (a) ("removal date"). The temporary dwelling shall be vacated and removed on the earlier of the removal date or two weeks after issuance of a certificate of occupancy for the permanent dwelling.

c.

A performance bond or other security in an amount set by the Township Board upon recommendation of the Zoning Official shall be provided to ensure timely removal of the temporary dwelling. The Township Board may by resolution from time to time establish a formula or mechanism for determining the type and amount of the required security, and delegate to the Zoning Official responsibility for determining the amount and type of security based on such formula or mechanism.

d.

The owner or the owner's authorized agent shall obtain any necessary soil erosion and sedimentation control permit and other necessary building and construction permits from the Township and applicable governmental authorities for the temporary dwelling.

e.

Permits issued under this subsection (a) are not transferable to any other owner or agent unless such transferee assumes all obligations of the owner or agent and signs the written statement described in subsection (a)(3)f. below.

f.

The Zoning Official shall prepare a written statement setting forth the conditions for granting a temporary dwelling permit. The owner of the lot or parcel and the owner's authorized agent proposing to install the temporary dwelling and construct the permanent dwelling shall sign the written statement and acknowledge agreement to the permit conditions prior to issuance of the permit. The Zoning Official shall retain one original of the signed agreement and provide a copy to the Township Clerk.

g.

The removal date may be extended by the Zoning Official for not more than six months on written request from the owner or the owner's authorized agent prior to the removal date on a showing of good cause for an extension of the removal date such as unanticipated events, weather conditions or unavailability of materials beyond the reasonable control of owner or the owner's authorized agent. No further extensions shall be granted except by written application to the Township Board on a showing of extraordinary conditions warranting such extension beyond the reasonable control of owner or owner's authorized agent.

h.

The Zoning Official shall notify the Township Board and Planning Commission in writing of each temporary dwelling permit issued under this subsection (a).

(b)

Temporary construction structures.

(1)

Permit required. Temporary construction structures for private use by on-site construction personnel may be installed and used as construction facilities on a building site provided that (i) a permit is obtained for installation and use of such temporary construction structure from the Zoning Official in accordance with the requirements and procedures set forth in this subsection, and (ii) any necessary rezoning, planned unit development, conditional use, site plan, variance and other approvals have been previously obtained from the Township for construction of the permanent structure on the building site.

(2)

Requirements and procedures.

a.

The location of the temporary construction structure on the building site shall conform to all yard and setback requirements for the zoning district in which it is located, and shall provide adequate off-street parking, access, fire protection and lighting.

b.

A permit approving the use of the temporary construction structure shall be obtained from the Zoning Official by the owner of the building site or the owner's authorized agent proposing to install the temporary construction structure after compliance with all of the requirements of this subsection (b). No permit shall be issued if the design or proposed construction of the temporary construction structure demonstrates that it is intended to be a permanent structure, or that its use will compromise the public health, safety, and welfare of the Township residents, including occupants of the temporary structure or surrounding area.

c.

A temporary construction structure shall be either (i) connected to public or private water supply and sewage disposal systems approved by the Washtenaw County Health Department and the Township or (ii) served by on-site portable toilets as required by applicable building codes as approved by the Building Official, and a temporary on-site supply of potable water as approved by the Building Official.

d.

A temporary construction structure shall be connected to a temporary electrical supply and other utilities approved by the Building Official.

e.

The owner or the owner's authorized agent shall obtain any necessary soil erosion and sedimentation control permit and other necessary building and construction permits from the Township and applicable governmental authorities for installation of the temporary construction structure.

f.

The Zoning Official shall establish a reasonable date for removal of the temporary construction structure ("removal date") which shall not exceed two years from the date of the permit issued. The temporary construction structure shall be vacated and shall be removed from the building site on the earlier of the removal date or two weeks after issuance of a certificate of occupancy for the first permanent structure on the building site. If more than one permanent structure is to be constructed on the building site, the date for removal may be for a reasonable period of time not to exceed four years as determined by the Zoning Official ("extended removal date"). In such case, the temporary construction structure shall be vacated and removed on the earlier of the extended removal date or two weeks after the issuance of a certificate of occupancy for the last permanent structure on the building site. No further extensions shall be granted except by written application to the Township Board on a showing of extraordinary conditions warranting such extension beyond the reasonable control of owner or owner's authorized agent.

g.

A performance bond or other security in the amount to be determined by the Township Board upon recommendation of the Zoning Official shall be provided to ensure timely removal of the temporary construction structure. The Township Board may by resolution from time to time establish a formula or mechanism for determining the type and amount of the required security, and delegate to the Zoning Official responsibility for determining the amount and type of security based on such formula or mechanism.

h.

Permits issued under this subsection (b) are not transferable to any other owner or agent unless such transferee assumes all obligations of the owner or agent and signs the written statement described in subsection (b)(2)i. below.

i.

The Zoning Official shall prepare a written statement setting forth the conditions for granting the temporary construction structure permit. The owner of the building site and the owner's authorized agent shall sign the written statement and acknowledge agreement to the terms of the permit conditions prior to issuance of the permit. The Zoning Official shall retain one original signed agreement and provide a copy to the Township Clerk.

j.

The removal date or extended removal date may be extended by the Zoning Official for not more than six months on written request from the owner or authorized agent prior to the removal date or extended removal date upon a showing of good cause for an extension such as unanticipated events, weather conditions or unavailability of materials beyond the reasonable control of owner or owner's agent.

k.

The Zoning Official shall notify the Township Board and Planning Commission in writing of each temporary construction structure permit issued under this subsection (b).

(c)

Temporary sales buildings.

(1)

Permit required. Temporary sales buildings may be installed and used on a building site for purposes of marketing, leasing or sale of permanent structures that have been approved for construction and that are permitted by the Zoning Code on the building site provided that:

a.

A permit is obtained for installation and use of the temporary sales building from the Zoning Official in accordance with the requirements and procedures set forth in this subsection; and

b.

Any necessary rezoning, planned unit development, conditional use, site plan, variance and other approvals have been obtained from the Township for construction of such permanent structures. The Township Board may approve issuance of a permit prior to any necessary final site plan approval or issuance of building permits for the permanent structures if the owner or the owner's authorized agent demonstrates good cause for such approval based on market conditions, the special nature of the project or other unique conditions related to the project.

(2)

Requirements and procedures.

a.

If the proposed use and construction of permanent structures on the building site require a rezoning, approval of a planned unit development, a conditional use permit, or site plan approval ("development approval"), the owner or the owner's authorized agent shall include in the plans submitted to the Township as part of the development approval a site plan showing the location of the proposed temporary sales building, compliance with yard and setback requirements, the impact on natural features, soil erosion control measures, property drainage and contours, temporary water, sewage disposal and other utility connections, access and parking areas, lighting and other improvements and features to enable the Township Board and Planning Commission to determine that installation and use of the temporary sales building will comply with the Zoning Code and will not adversely affect the health, safety and welfare of the Township residents, occupants of the temporary sales building or surrounding area. As part of the development approval, the approving body shall indicate whether it has given preliminary approval of the location of the temporary sales building, and no permit shall be issued without such preliminary approval.

b.

If development approval is not required as described in paragraph a. above, the owner or the owner's authorized agent shall submit with the permit application under this subsection (c), a scaled drawing of the building site showing the location of the proposed temporary sales building in relation to the proposed permanent structures, roads, natural features and existing topography, compliance with all yard and setback requirements for the zoning district, and adequate off-street parking, access, fire protection and lighting and such additional information as may be required by the Zoning Official in view of the nature of the project, and no permit shall be issued unless the Zoning Official approves the location of the temporary sales building based on the information submitted.

c.

A permit approving use of the temporary sales building shall be obtained from the Zoning Official by the owner of the building site or the owner's authorized agent proposing to install the temporary sales building after compliance with all of the requirements of this subsection (c). No permit shall be issued if the design or proposed construction of the temporary sales building demonstrates that it is intended to be a permanent structure, or that its use will compromise the public health, safety, and welfare of the Township residents, occupants of the temporary sales building or surrounding area.

d.

A temporary sales building shall be connected to public or private water supply and sewage disposal systems approved by the Washtenaw County Health Department and the Township, and a temporary electrical supply and other utilities approved by the Building Official.

e.

The owner or the owner's authorized agent shall obtain any necessary soil erosion and sedimentation control permit and other necessary building and construction permits from the Township and applicable governmental authorities for installation and use of the temporary sales building.

f.

The Zoning Official shall establish a reasonable date for removal of the temporary sales building ("removal date") which shall not exceed two years from the date of the permit issued. The temporary sales building shall be vacated and shall be removed from the building site on the earlier of the removal date or two weeks after issuance of a certificate of occupancy for the first permanent structure on the building site.

g.

A performance bond or other security in the amount to be determined by the Township Board upon recommendation of the Zoning Official shall be provided to ensure timely removal of the temporary sales building and compliance with this subsection (c). The Township Board may by resolution from time to time establish a formula or mechanism for determining the type and amount of the required security, and delegate to the Zoning Official responsibility for determining the amount and type of security based on such formula or mechanism.

h.

Permits issued under this subsection (c) are not transferable to any other owner or agent unless such transferee assumes all of the obligations of the owner or agent including signing the agreement described in subsection (c)(2)i. below.

i.

The Zoning Official shall prepare a written statement setting forth the conditions for granting the temporary sales building permit. The owner of the building site and the owner's authorized agent shall sign the written statement and acknowledge agreement to the terms of the permit conditions prior to issuance of the permit. The Zoning Official shall retain one original signed agreement and provide a copy to the Township Clerk.

j.

The removal date may be extended by the Zoning Official for not more than one year on written request from the owner or the owner's authorized agent prior to the removal date upon a showing of good cause for an extension such as unanticipated events, weather conditions or unavailability of materials beyond the reasonable control of owner or agent. Additional one-year extensions may be granted by the Zoning Official on written request of the owner or the owner's authorized agent prior to expiration of the then-applicable extension period on a similar showing of good cause. The total of all extensions shall not exceed a total of five years.

k.

The Zoning Official shall notify the Township Board and Planning Commission in writing of each temporary sales building permit issued under this subsection (c).

(d)

Mobile homes. Mobile homes shall not be used as dwellings, except when located in and part of a licensed mobile home park or a mobile home subdivision, or when used as a temporary dwelling as provided in this section, or except as otherwise provided in section 74-14.

(Comp. Ords. 1990, § 130.304; Ord. No. 3-2008, 6-16-2008)

(a)

Changes after construction has begun. Nothing in this chapter shall require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter.

(b)

Actual construction. Actual construction is defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. In the case of such excavation, demolition or removal, however, this provision shall expire and be of no effect 365 days following the effective date of adoption or amendment of this chapter, unless a permit for the actual construction of a new building has been issued by the Building Inspector.

(c)

Permit; compliance with approved plans. Where a building permit has been issued in accordance with the law within 365 days of such effective date and diligently pursued to completion, such building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may, upon completion, be occupied by the use for which it was originally designed, subject thereafter to the provisions of division 5 of article II, if applicable.

(d)

Occupancy permit required. Any basement, cellar, garage, or any incomplete structure without an occupancy permit in use as a dwelling on the effective date of adoption or amendment of this chapter shall not be used as a dwelling for more than 12 months following such date, unless such structure has been completed in conformance with the regulations of the district in which it is located.

(Comp. Ords. 1990, § 130.305)

Any use lawfully existing at the effective date of adoption or amendment of this chapter and which is permitted as a conditional use in a district under the terms of this chapter shall be deemed a conforming use and shall, without further action, application, or review be considered a conforming use. Expansion of such uses or change to another conditional use after the effective date of this chapter shall require a conditional use permit as provided in article II, division 3, conditional uses.

(Comp. Ords. 1990, § 130.306)

Essential services shall be permitted as authorized and regulated by law and by ordinance of the Township, it being the intent to exempt such essential services from this chapter, except for underground wiring, which shall be provided as required in section 74-550.

(Comp. Ords. 1990, § 130.307)

On a corner lot in any zoning district, no fence, wall, hedge, screen, structure, or planting shall be placed in such manner as to materially impede the vision between the height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street right-of-way lines of such corner lots, and the line joining points along such street lines 50 feet from their point of intersection as measured along the street right-of-way lines.

(Comp. Ords. 1990, § 130.308)

(a)

Purpose of regulations. The services offered through a home occupation are a matter closely affecting the public interest. The public interest requires that home occupations be operated properly and in a safe, fair, honest, and competent manner by qualified persons. The public interest further requires that home occupations be clearly incidental to and subordinate to the residential use of the dwelling.

The purpose of this section is:

(1)

To prevent unreasonable noise, dust, odor, light, glare, ground vibration or other impacts that if not prevented, could undermine the pleasant use and enjoyment of residential districts for dwelling purposes.

(2)

To ensure that home occupations always remain an accessory use that is subordinate to the principal residential use of the premises.

(3)

To automatically authorize telecommuting and related invisible and no impact uses without any application, review or permit approval in all dwelling units.

(4)

To ensure that home occupations are conducted so as to maintain the residential character and viability of the dwelling, not result in incompatibility with nor undue disturbance to surrounding residential properties, or constitute a detriment to the character and livability of the surrounding neighborhood.

(b)

Home occupation regulatory categories. Home occupations are classified and regulated in two categories as specified below, as determined by the Zoning Administrator:

(1)

Category A - Almost no impact potential at property lines. This category of home occupation recognizes that it is customary for dwelling occupants to perform office and similar work as incidental to residential use of a dwelling unit. Category A is referred to as a "no impact" or "none to low impact" home occupation because no aspects of the home occupation are visible from the property lines and there is no significant impact on adjoining property.

a.

Permit. Category A home occupations that meet the criteria below are automatically allowed without permit application, review, or approval (no permit is required). See 74-9(c) for operational standards.

b.

Location. Category A home occupations may be conducted inside any dwelling unit, attached accessory structure, or detached accessory structure, in any district.

c.

Operator of home occupation. Category A home occupations must be conducted by an occupant-owner or occupant-renter of the property, or other occupant of the property with written permission of the owner.

d.

Criteria. A Category A home occupation must meet the following additional criteria:

i.

Non-occupants of the dwelling unit may not commute to the dwelling to work for a Category A home occupation on site.

ii.

No customers, clients, patients, or other walk-in people may visit the home occupation to conduct business.

e.

Telecommuting. Telecommuting is considered a Category A home occupation, and only includes activities such as receiving or initiating electronic or other video communication, telephone calls, mail, facsimiles, or electronic-mail; preparing or maintaining business records; word or data processing; and is:

i.

Work performed for an employer who is in another location, or

ii.

Work by a person residing in the dwelling unit who engages in the activities or similar activities described above under the auspices of their own business.

(2)

Category B - Limited impact potential at property lines. This category of home occupation is largely indistinguishable from customary residential use of a dwelling unit, but may have space for off-street parking that is visible from the property line.

a.

Permit. Category B home occupations are authorized by issuance of a home occupation permit by the Zoning Administrator once conformance with criteria specified below are achieved. See 74-9(c) for operational standards.

b.

Location. In any district that allows single-family and two-family dwellings, Category B home occupations are permitted in any dwelling unit or attached accessory structure, but shall not occupy a detached accessory structure.

c.

Operator of home occupation. Category B home occupations must be conducted by an occupant-owner or occupant-renter of the property, or by other occupants of the property with the owner's written consent.

d.

Criteria. Category B home occupations must meet the following additional criteria:

i.

In total, the home occupations may occupy not more than 20 percent of the floor area of the dwelling unit.

ii.

The home occupation may employ up to two non-occupant employees on site.

iii.

Parking for each non-occupant employee must be provided on site. Parking may be provided on an existing driveway.

iv.

Not more than two customers/clients/patients are permitted at any time for service trade. Customers/clients/patients must be able to park on site, and must receive the service by appointment only; hours of operation are between 8:00 AM to 8:00 PM.

v.

Sale of products are prohibited, except for the incidental sales of products related to the home occupation. Examples include sale of sheet music to the students of a music teacher, or art supplies to students of an art instructor.

(c)

Standards applicable to home occupations. The following standards apply to all home occupations, in all Categories A and B, except where indicated as applying to only one category of home occupation.

(1)

Number of home occupations in a single dwelling unit. There can be more than one home occupation in a single dwelling unit, but for Category B home occupations, the number of employees, clients, patients and other walk-in persons, and parking, cannot exceed the maximum allowed for a single home occupation.

(2)

Hazards or impacts. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interferences which negatively impact persons off the lot. Any electrical equipment processes which create visual or audible interference with any radio or television receivers off the premises or which cause fluctuations in line voltages off the premises shall be prohibited.

(3)

Hazardous substances. The home occupation(s) shall not involve:

a.

The generation of any hazardous waste as defined in Article II Chapter 3 Part 111 of P.A. 451 of 1994, as amended, (being the Hazardous Waste Management part of the Natural Resources and Environmental Protection Act, M.C.L. 324.11101 et. seq.).

b.

The use of materials that are used in such quantity, or are otherwise required to be registered pursuant to the Code of Federal Regulations, Title 29, Chapter XVII, part 1910(2), except this provision shall not apply to material purchased retail over the counter for on premises cleaning, lawn care, operation of a photocopy machine, paint, printing, art and craft supplies, or fuel.

(4)

Internal and external alterations.

a.

No home occupation in any Category shall require internal or external alterations or involve construction features not customarily found in dwellings and residential accessory buildings except where required to comply with local and state fire and building codes.

b.

Any permanent structural alteration to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use is prohibited. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. The prohibitions in this section do not apply to modifications necessary to comply with the Americans with Disabilities Act (ADA). Insofar as practicable, all modifications shall be designed and constructed to maintain the residential character of the dwelling and its compatibility with surrounding residential uses, as determined by the Building Official.

(5)

Waste collection and disposal. The levels of waste and scrap generated by the home occupation for transfer as part of the municipality's residential trash collection and disposal services shall not exceed 96 gallons per week. Such waste shall be non-hazardous and shall be disposed of in a residential waste container suitable for use by the residential waste collection equipment.

(6)

Commercial vehicle parking. Commercial vehicles associated with the home occupation shall meet the parking requirements of section 74-761.

(7)

Equipment, machinery and materials. No equipment, machinery, or materials other than of a type and size that are typically found in dwellings for hobby or domestic purposes shall be permitted. Storing or parking heavy equipment on residential property is prohibited. Heavy equipment is defined as backhoes, trenchers, loaders, tractors, bulldozers, graders, cranes, forklifts, or similar equipment.

(8)

Outside storage. The home occupation shall not engage in outside storage of equipment, machinery, or materials.

(9)

Traffic generation/vehicle trips. The home occupation shall not generate customer, patient, or client-related vehicular traffic in Category A home occupations. Vehicle trips related to Category B home occupations shall be limited to the resident proprietor of the home occupation and their non-occupant employees plus any customers, clients, patients, and business visitors as provided in section 74-9(b)(2)d. above.

(10)

Commercial deliveries. The receipt and shipment of products, merchandise or supplies by commercial carriers shall be prohibited between the hours of 8:00 PM and 8:00 AM; except for extended delivery during holiday seasons, and an infrequent situation requiring a special delivery.

(11)

Signs. Signs for a home occupation shall be prohibited.

(12)

Sale of products or services. No on-site sales of products or services delivered in-person on site are permitted in Category A home occupations. The provision of services delivered in-person on the premises is permitted in Category B per the terms of the home occupation permit; however, no on-site retail sales of products is permitted. This prohibition does not include the incidental sales to clients or students of a home occupation of materials related to the home occupation.

(13)

Protection of natural resources. No use of the yard, accessory or principal dwelling unit for a home occupation shall result in deposit of substances onto the land or in surface waters that is harmful to the soil, plants, or animals, or generate additional storm water or other runoff onto adjoining properties beyond levels prior to the home occupation, or jeopardize the integrity of wetlands or other sensitive natural areas on the lot or parcel or adjacent to the lot or parcel.

(14)

Adherence to ordinances and permits. A dwelling unit and associated accessory structures and portions of the lot or parcel may be used for a home occupation, as described for each home occupation category, provided the home occupation conforms with all requirements of this section, other applicable sections of the Zoning Ordinance, and applicable fire and construction codes.

(d)

Fine art lessons. Pursuant to the Michigan Zoning Enabling Act, Section 204 (MCL 125.3204), instruction in a fine art, craft or music is a permitted home occupation by an occupant of any single-family dwelling in any district. Such instruction is permitted by electronic means, such as videoconference in Category A, and in-person at scheduled times in Category B.

(e)

Existing nonconforming home occupations. It is likely that there are home occupations that currently exist and were established under the previous ordinance provisions. Existing home occupations that met the previous ordinance requirements (i.e., were lawful) on the effective date of this section are allowed to continue in the same manner and to the same extent as they existed on the day they became nonconforming due to adoption of this section. Existing nonconforming occupations must meet the provisions of Article II, Division 5, Nonconformities, in the Zoning Ordinance.

Except for telecommuting, home occupations that were unlawfully in existence on the effective date of this section (i.e., were unlawful) are considered illegal until they are brought into compliance with this section, and obtain a permit per subsection (g) below.

(f)

Prohibited home occupations. Any use that does not meet the criteria and standards in this ordinance for a home occupation, as determined by the Zoning Administrator, is prohibited as a home occupation. A general list of activities that are most likely not compliant with the ordinance by their very nature includes, but is not limited to, the following:

(1)

Uses that are considered principal land uses, such as junk yards, mini-storage, nursing home, recycling center, or warehouse.

(2)

On-site retail or wholesale sales of merchandise, and on-site eating or drinking establishments.

(3)

Uses that generate or use hazardous materials, or use of materials in such quantities that require registration with state or federal agencies.

(4)

Hotels, motels, tourist homes, time shares, short-term rentals, and bed and breakfast inns as a home occupation. See section 74-602 regarding bed and breakfast operations.

(5)

Motor vehicle, recreational vehicle, boat and equipment sales, repair, body and paint shops, welding shops, and storage or dismantling yards.

(6)

Animal processing, kennels, animal boarding, and veterinary clinics or hospitals.

(7)

Uses that require outdoor use of large equipment and machines, or outdoor storage of materials that aren't typically or safely stored indoors.

(8)

Medical or dental offices, clinics, and hospitals.

(9)

Mortuary and funeral homes.

(g)

Home occupations permitting process. The following establishes the procedure for determining whether a proposed home occupation is permitted on a particular lot or parcel, and the permitting process.

(1)

Permit. Category A home occupations are not required to apply for or obtain a home occupations permit. For all Category B home occupations established after the effective date of this ordinance, the property owner, or renter or other occupant of the dwelling unit with written permission from the property owner, shall submit a completed home occupation permit application form to the Township specifying the characteristics of the proposed home occupation at the address proposed and involving which structures or yards at that address, and other information deemed necessary by the Zoning Administrator to establish compliance with this section.

a.

Application review. The Zoning Administrator will review the application. He/she shall compare the requested use to the definition of each Category and shall classify the proposed use into the appropriate category.

b.

Category A home occupation. If in reviewing an application, the Zoning Administrator determines that the proposed operation meets the criteria for Category A home occupations and the standards of section 74-9(c), no permit is required, and no further action on the part of the applicant is needed.

c.

Category B home occupation. If in reviewing an application, the Zoning Administrator classifies the home occupation under Category B, and determines that the proposed operation meets the criteria for Category B home occupations and the standards of section 74-9(c), the Zoning Administrator shall grant approval of the proposed use and issue a home occupation permit. The Zoning Administrator shall add the home occupation to the record of home occupations.

d.

Denied home occupation permits. If the Zoning Administrator determines that the proposed home occupation does not meet the criteria or standards for a home occupation in this section, then the Zoning Administrator shall deny the requested home occupation permit.

i.

Permit amendments and appeal to zoning board of appeals. Any home occupation permit that is denied may be amended by the applicant and resubmitted to the Zoning Administrator. If the home occupation is subsequently not approved by the Zoning Administrator, the applicant may appeal the decision by the Zoning Administrator to the zoning board of appeals, per section 74-259, within 30 days of written receipt of the denial.

ii.

Termination of home occupation. If the appeal to the zoning board of appeals is unsuccessful, or the applicant chooses not to appeal the denied permit by the Zoning Administrator, the applicant shall terminate the home occupation within 30 days of the ZBA's decision or written receipt of the denial from the Zoning Administrator. If the home occupation is not terminated, the home occupation will be treated as an Ordinance violation pursuant to Division 2, Violations, of the Zoning Ordinance.

e.

Permit duration. Home occupation permits shall remain effective for the person, location, and type of home occupation that was provided on the permit application for three years from the permit issuance date. The home occupation permit must be renewed upon its expiration to continue operation of the home occupation.

f.

Transferability. Approval of the home occupation permit is not transferable to another person, location, or type of home occupation.

(2)

Record of home occupations. The Zoning Administrator shall establish and maintain a record of all Category B Home Occupations that have received a permit. The record shall list all of the following:

a.

Property owner's name.

b.

Home occupation operator's name.

c.

The property address/location of the home occupation.

d.

A description/name of the home occupation.

e.

Date the home occupation permit was issued.

(Comp. Ords. 1990, § 130.309; Ord. No. 3-2024, 2-19-2024)

Circuses, carnivals, other transient amusement enterprises, music festivals, and similar temporary gatherings of people may be permitted in any zoning district upon approval by the Township Board or its designate under chapter 10, article II. Such enterprises may be permitted only on the finding by the Township Board that the location of such an activity will not adversely affect adjoining properties or adversely affect public health, safety, morals, or general welfare. The Township Board may require posting of a bond or other acceptable security payable to the Township in an amount sufficient to hold the Township free of all liabilities incidental to the operation of such activity, and indemnify any adjoining land owners for any damage resulting from the operation of such activity, and which damages shall be provided before the court having jurisdiction over the premises upon which the damages occurred and payable through such court.

(Comp. Ords. 1990, § 130.310)

In any zoning district, every use, building, or structure established after the effective date of the ordinance from which this article is derived shall be on a lot or parcel that adjoins a public road or a private road that complies with chapter 46, article II, private roads. The area of a private road easement shall not be included in the minimum required area of the lot.

(Comp. Ords. 1990, § 130.311; Ord. of 4-14-1986; Ord. of 9-17-1990)

(a)

Sanitary sewer facilities. All dwelling units in any urban residential districts and all principal buildings in a PUD, located in an area of the Township where a public sanitary sewer service is available, shall be connected to the Township sanitary sewer system. On-site sewage facilities shall be prohibited in areas in which such public sanitary sewer service is available. All principle buildings in a PUD, located in an area in which public sanitary sewer service is not available, shall be connected to septic tanks and drainfields approved by the county health department, or to a private wastewater treatment system approved by the Township.

(b)

Water facilities. All dwelling units in any urban residential district and all principal buildings in a PUD district that are located in an area in which the Township public water service is available shall be connected to the Township water system. On-site water supply shall be prohibited in areas in which such public water service is available. All principal buildings in a PUD that is located in areas in which public water service is not available shall be connected to water supply wells approved by the county health department.

(c)

Water supply systems prohibitions. Privately owned or operated community water supply systems shall be prohibited in any part of the Township.

(Comp. Ords. 1990, § 130.313; Ord. of 9-17-1990; Ord. of 3-21-1994)

Editor's note— Ord. No. 4-2024, adopted Feb. 19, 2024, repealed § 74-13, which pertained to storage buildings in residential districts and derived from Comp. Ords. 1990, § 130.314.

This section is designed to establish regulations under which mobile homes may be used as single-family dwellings on lots outside mobile home parks. It is recognized that other forms of manufactured housing, commonly referred to as prefabricated, modular, or sectional housing, among other names, are and have been permitted in the Township, on individual lots, in any zoning district in which single-family dwellings are permitted, provided such units comply with the Township's adopted codes and zoning requirements. This section intends to treat mobile homes in a similar fashion, while recognizing the unique features of their construction. The regulations contained in this section are specifically designed to ensure that mobile homes on individual lots comply with all zoning regulations applicable to all other single-family dwellings permitted in the Township.

(1)

Compliance with Township zoning regulations and federal safety standards.

a.

The lot and the mobile home shall comply with all regulations of the zoning district in which located.

b.

The mobile home shall meet all requirements of the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 CFR 3280), as amended.

(2)

Foundation. The mobile home shall be placed on a permanent foundation wall. The wall shall meet all requirements of the Township building code and shall completely enclose the area under the mobile home. The area so enclosed shall not be less than the ground floor area of the mobile home. The mobile home shall be secured to the premises by an anchoring system that meets all state requirements.

(3)

Towing appurtenances. The wheels, tongue and hitch, or other towing appurtenances, shall be removed before anchoring the mobile home to the premises.

(4)

Connection to water and sewer lines. The mobile home shall be connected to public water and sanitary sewer lines, where available, according to Township standards and specifications, or to a well and septic tank, on the same lot as the mobile home, approved by the county health department.

(5)

Aesthetic compatibility with conventional housing. The mobile home shall be aesthetically compatible in design and appearance with conventional on-site constructed housing and other types of approved manufactured housing. Compatibility shall be determined by the following standards:

a.

Exterior walls shall be finished with materials common to single-family dwellings such as, but not limited to, beveled siding, vertical siding, board and batten siding, or brick.

b.

Front and rear or front and side exterior doors.

(6)

Health and building permits required. A building permit shall be required for construction of the foundation wall, for placement of the mobile home on the lot, and for any addition to the mobile home. A building permit shall not be issued until a health permit has been issued by the county health department, where applicable, and until a certificate of zoning compliance has been issued in accordance with sections 74-52—74-60 and is in effect, and a certificate from the manufacturer of the mobile home that the home complies with section 74-14(3). The mobile home shall not be occupied until a certificate of occupancy has been issued as provided in sections 74-52—74-60 and is in effect. Any addition to a mobile home shall meet all requirements of the Township building code.

(7)

Minimum dimensions. The mobile home, prior to any additions or expansions, shall have a minimum dimension of 20 feet for any one side.

(8)

Number on lot. Not more than one mobile home shall be used as a single-family dwelling on a lot, nor shall a mobile home be placed on any lot on which another single-family dwelling is located. A mobile home shall not be used as an accessory building in any residential district.

(9)

Removal from foundation. A mobile home shall not be removed from a foundation until a permit therefor has been issued in accordance with the Township building code.

(Comp. Ords. 1990, § 130.315; Ord. of 9-17-1990)

Each single-family detached dwelling unit shall have a minimum exterior nominal width, prior to any addition or expansion, of 20 feet for any one side.

(Comp. Ords. 1990, § 130.316)