This chapter shall be known and may be cited as "The Brandon Township Zoning Ordinance of 2008."

(Ord. No. 122, § 1.01, 7-7-2008)

This chapter is established for the purposes of:

(1)

Providing for the orderly development of the township;

(2)

Placing no undue burden upon agriculture, developers, industry, commerce or residents;

(3)

Assuring the provision of adequate sites for industry, commerce or residents;

(4)

Providing for the free movement of vehicles upon the proper streets and highways of the township;

(5)

Protecting agriculture, industry, commerce and residences against incongruous and incompatible uses of land;

(6)

Promoting the proper use of land and natural resources for the economic well-being for the township as a whole;

(7)

Assuring the provision of adequate space for the parking of vehicles of customers using commercial, retail and industrial areas;

(8)

Assuring that all uses of land and buildings within the township be so related as to provide for economy in government, protection of the environment and mutual support; and

(9)

Promoting and protecting the public health, safety, comfort, convenience and general welfare of the residents, merchants and workers.

(Ord. of 3-17-2008, § 1.03)

(a)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

(b)

If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular parcel, lot, use, building, or structure, such ruling shall not affect the application of said provision to any other parcel, lot, use, building, or structure not specifically included in said ruling.

(Ord. of 3-17-2008, § 1.04)

(a)

Where any condition imposed by any provision of this chapter upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of an ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(b)

This chapter is not intended to abrogate or annul any easement, covenant or other private agreement provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern.

(Ord. of 3-17-2008, § 1.05)

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

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

(Ord. of 3-17-2008, § 2.01)

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

Accessory dwelling unit means additional living quarters, which are located on single-family lots and are independent of the primary single-family dwelling unit, and which are for not more than one family. These units are separate living spaces equipped with kitchen and bathroom facilities, which depending on their location relative to the primary dwelling unit are attached to or detached from the primary dwelling unit.

Accessory dwelling unit, attached means living quarters that are attached to or are located within the structure of the principal single-family residential dwelling.

Accessory dwelling unit, detached means living quarters that are structurally separate from the principal single-family residential dwelling.

Accessory use, building or structure means a use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.

Animal means a nonhuman zoological species, classified for purposes of this chapter as follows:

(1)

Class I animal. Domesticated household pets.

(2)

Class II animal. 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 and like animals, such as pigs and hogs.

d.

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

e.

Llama, Emu, Ostrich and Alpaca and like animals.

f.

Other animals, similar to those listed in section (2) a—e of this class II category, weighing in excess of 75 pounds, and not otherwise specifically classified herein.

(3)

Class III animal. Included in class III are animals weighing less than 75 pounds not otherwise specifically classified herein; rabbits (which are not maintained or kept as domesticated household pets); animals considered as poultry, animals considered as waterfowl.

Automobile carwash means a building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.

Automobile repair means general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair, overall painting, vehicle rust-proofing and any related activities.

Automobile service station means a building or premises used primarily for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles; together with the sale of minor accessories and services for motor vehicles such as filling tires with air, checking fluid levels, adding water to batteries or radiators, automobile repair and similar activities; as well as selling convenience foods and other such items through a convenience store.

Banquet/meeting hall means a building or part of a building used for the purposes of entertaining a large group of people where food and beverage may be provided; and where a caterer's establishment may be included only if it is in conjunction with a banquet/meeting hall. This use shall also include a building or part thereof in which facilities are provided for such purposes as meeting for groups of civic, educational, political, religious or social purposes.

Basement means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than or equal to the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Billboard. See Sign, outdoor advertising.

Buildable area means the interior portion of the net lot area that remains after the minimum yard requirements have been met pursuant to the application of the appropriate zoning district regulations specified in this chapter.

Building means a structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

Building height means the vertical distance measured from average grade on the front of the building to the highest point of the roof for all structures.

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 temporary living quarters for tents, recreational vehicles or similar facilities. The term "campground" shall not include any use of land involving the operations of programs involving persons sentenced or assigned to said programs for governmental agencies or courts of law having statutory authority to detain persons against their will, a "seasonal mobile home park" licensed under Public Act No. 96 of 1987 (MCL 125.2301 et seq.). For purposes of this chapter, the following additional terms are defined:

(1)

Modern campground means a campground where water flush toilets and water under pressure are available at a service building or where a water outlet and a sewer connection are available at each site.

(2)

Primitive campground means a campground where a service building is typically present and where a water outlet and a sewer connection are not available at each site.

(3)

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

(4)

Temporary living quarters means as related to camping, means a recreational unit or a building within a modern camp, which is occupied or used for more than four hours between the hours of 10:00 p.m. to 6:00 a.m., which is not intended to be occupied or used in excess of three consecutive months.

Cargo container. Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers," "shipping containers," "portable site storage containers" and "intermodal carriers" having a similar size, appearance, and characteristics of cargo containers. For purposes of this chapter, cargo containers shall be considered to be an "accessory use, building or structure" as otherwise defined in this section.

Child-care facility.

(1)

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. The term "day-care center" includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child-care center, day-care center, day nursery, nursery school, parent cooperative preschool, play group or drop-in center.

(2)

The term "day-care center" does not include any of the following:

a.

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

b.

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

c.

A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

d.

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

(3)

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 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. The owner of the child group day-care home business must also be a resident of the private home.

(4)

Family day-care home means a private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term "family day-care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year. Child family day-care homes are subject to applicable state law and licensing. The owner of the child family day-care home business must also be a resident of the private home.

Club means buildings and facilities owned and operated by a corporation or 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 a business.

Condominium means and shall include the following elements:

(1)

Condominium act refers to Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(2)

Condominium documents means the master deed, recorded pursuant to the condominium act, 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.

(3)

Condominium unit means the portion of a condominium project designed and intended for separate ownership and use, as described in the master deed. The condominium unit includes the condominium unit and the contiguous limited common element surrounding the condominium unit, and shall be the counterpart of the term "lot" as used in connection with a project developed under the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(4)

General common element means the common elements other than the limited common elements reserved in the master deed for use by all of the co-owners.

(5)

Limited common element means a portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

(6)

Master deed means the condominium document recording the condominium project, to which are attached as exhibits and incorporated by reference with 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.

(7)

Site condominium means a condominium development in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit. Such developments are also described in the master deed.

Congregate housing means a dwelling providing shelter and services for four or more elderly persons within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments and counseling.

Deck means a structure with or without a roof having a foundation to hold it erect, and attached to or abutting one or more walls of a building or constructed separately from a building, with or without direct access to the ground, the floor of which is above finished grade, and intended for use as an outdoor living area.

Drive-through facility means an establishment that is designed to permit customers to receive products or services while remaining seated in a motor vehicle.

Dwelling area means the dwelling area of a dwelling unit is composed of sleeping rooms, kitchen, dining room, den, studio, bathrooms, and family and living rooms.

Dwelling, multiple-family, means a building or structure designed for or occupied by two or more families, with separate housekeeping, kitchen and bathroom facilities for each and conforming in all other respects to the standards in section 46-216(g).

Dwelling, single-family, means a building containing not more than one dwelling unit.

Dwelling, townhouse, means a row of three or more attached one-family dwellings not more than 2½ stories in height with separate housekeeping, kitchen and bathroom facilities for each, and with outside exposure front and back, for each dwelling unit and conforming in all other respects to the standards in section 46-216(g).

Dwelling unit means one or more rooms connected together with principal kitchen and bathroom facilities designed as a unit for residence by only one family for living and sleeping purposes, constituting a separate, independent housekeeping establishment, and physically separated from any other rooms or dwelling units which might be in the same structure.

Dwelling unit, mobile home, means a mobile home designed for or occupied by one family only.

Essential services means the erection, construction, alterations, or maintenance by public utilities or municipal departments, commissions, or boards, or by other government agencies of underground, surface, or overhead gas, electric, steam, or water transmission or distribution system, collection, communications, supply or disposal systems, dams, weirs, culverts, bridges, canals, locks, poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or other government agencies, or for the public health, safety, or general welfare, but not including buildings other than those buildings which are primarily enclosures or shelters for the installed central services equipment.

Family means an individual or group of two or more persons related by blood, marriage or adoption, together with foster and step children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

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

Farm buildings means any building or structure, other than a dwelling, erected, moved upon, or used on a farm, which is essential and customarily used on farms of that type for pursuit of agricultural activities.

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.

Farm product means those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other agricultural 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 state commission of agriculture.

Fence means an enclosure, especially an enclosing barrier erected to prevent straying from within or intrusion. Materials and structures specially designed and manufactured for use as fences or barriers shall only be permitted.

Floodplain means lands which are subject to periodic flooding and have been defined by the Corps of Engineers, Soil Conservation Service of the U.S. Department of Agriculture, or by any other relevant state or federal agency to have alluvial soil deposits, indicating that such flooding has taken place; or as defined by any registered engineer or land surveyor and accepted by the township board as such a floodplain.

Floor area means the sum of the gross horizontal floor areas of the several stories of a building, as measured to the exterior of the face of the exterior walls, plus that area, similarly measured, of all other floors, except basements, that are accessible by a fixed stairway, ramp, escalator, or elevator; including all enclosed porches and balconies, and all stairways, breezeways, storage area, recreational rooms, boiler rooms, and other areas within or contiguous to the structure; and the measurement shall include the floor space of all accessory buildings measured similarly.

Floor area, dwelling unit, means the floor area as defined preceding, except that only those parts of a dwelling unit that are permanent, structural parts of the dwelling, meet all requirements of the state construction code, and are designed, constructed, and heated for a yearround human occupancy, may be included in the computation of floor area used to meet minimum floor area requirements.

Floor area ratio means the ratio of the floor area of a building to the area of the lot on which it is located, calculated by dividing the floor area by the lot area and expressing it as a percentage.

Foster care facilities, adult, means a governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701 et seq.). The types of licensed adult foster care facilities include the following:

(1)

Foster care small group home, adult, means a facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

(2)

Foster care large group home, adult, means a facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

(3)

Foster care family home, adult, means a private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

(4)

Foster care congregate facility, adult, means an adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.

Garage, private, means an accessory building or structure used principally for storage of automobiles and for other incidental storage purpose only.

Grade means the degree of rise or descent of a sloping surface.

Grade, finished, means the final elevation of the ground surface after development.

Grade, natural, means the elevation of the ground surface in its natural state, before manmade alterations.

Hazardous substances means hazardous substances include hazardous chemicals as defined by the state department of community health and state department of labor and economic growth; flammable and combustible liquids as defined by the department of state police, fire marshal division; hazardous materials as defined by the U.S. Department of Transportation; and critical materials, polluting materials, and hazardous waste as defined by the state department of environmental quality. Petroleum products and waste oil are subject to regulation under this section.

Home occupation means an occupation that is carried on in the home by resident members of the family, being clearly incidental and secondary to the principal residential use.

Horse stable means a structure that is used for the shelter and care of horses.

Hospital, general, means an installation providing health services primarily for in-patient medical or surgical care of the sick or injured, and includes related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are integral parts of the facilities.

Housing for the elderly means a building or group of buildings containing dwellings intended for, and solely occupied by, elderly persons as defined by the federal Fair Housing Amendments Act of 1988. Housing for the elderly may include independent and/or assisted living arrangements but shall not include convalescent or nursing facilities regulated by the state.

Intensive livestock operation means an agricultural operation in which type II and type III animals are bred and/or raised within a confined area, either inside or outside, generally at densities greater than permitted by section 46-282. Such operations are further characterized as having an animal feeding building or feedlot which is a facility, other than a pasture, where animals are fed and/or confined.

Junkyard means a place, structure, parcel or use of land where junk, waste, discard, salvage or similar materials such as old iron or other metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, house wrecking and structural steel materials and equipment and including establishments for the sale, purchase, or storage of salvaged machinery and the processing of used, discarded, or salvaged materials, for any 30 consecutive days.

Kennel, commercial, means a commercial kennel means any, building, structure, enclosure or premises where five or more dogs or cats, six months of age or older, are kept for commercial purposes, including boarding, breeding, or sale, or the rendering of services for profit. For the purposes hereof, five animals kept and maintained as a hobby kennel, or for any other purpose, shall be deemed and considered a commercial kennel.

Kennel, hobby, means any building, structure, enclosure or other premises where four or less dogs or cats, six months of age or older, are kept, harbored or maintained:

(1)

For showing in recognized dog shows, obedience trials, or field trials.

(2)

For working and hunting.

(3)

For improving the variety or breed with a view to exhibition in shows and trials.

(4)

For household pets.

Landscaping means that the following definitions shall apply in the application of this chapter:

(1)

Berm means a landscaped mound of earth which blends with the surrounding terrain.

(2)

Buffer means a landscaped area composed of living material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.

(3)

Conflicting nonresidential land uses means any nonresidential use, such as office, commercial, industrial, research, parking or public road right-of-way land use which abuts a residential land use.

(4)

Conflicting residential use means any residential land use developed at a higher density which abuts a residential land use developed at a lower density.

(5)

Greenbelt means a landscaped area, established at a depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.

(6)

Opacity means the state of being impervious to sight.

(7)

Plant material means a collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.

Large scale retail establishment means a retail establishment, commonly referred to as a big box store, which exceeds 50,000 square feet in gross floor area.

Livestock means the word livestock means horses, cattle, sheep, and swine.

Loading space, off-street, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lodging means a series of attached, semidetached or detached rental units containing bedroom, bathroom and closet space. Such units shall provide for overnight lodging, are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.

Lot means a lot is the contiguous land in the same ownership that is not divided by a street right-of-way or a street or drive easement, including any part thereof subject to any easement for any purpose other than a street or drive, and excluding any portion thereof in a street right-of-way or a street or drive easement of at least sufficient size to meet minimum requirements of the zoning district in which it is located. 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;

(4)

A parcel of land described by metes and bounds; or

(5)

Any parcel of land which constitutes or is treated as a condominium unit in accordance with the state condominium act, being P.A. 1978, No. 59, as amended, shall be defined and treated as a lot for all purposes of this chapter 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.

Lot coverage means the percentage of the lot area covered by the ground floor of principal and accessory buildings.

Lot depth means the distance between the midpoints of the straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of the term "yards" in this section. For the purpose of determining minimum lot width the frontage of only one street shall be used.

Lot of record means a lot which is part of a subdivision and is shown on a plat or map thereof which has been recorded in the office of the register of deeds for county prior to the effective date of the ordinance from which this chapter is derived; or a parcel of land described by metes and bounds which is the subject of a deed or land contract recorded in said office prior to said date.

Lot types means:

(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, and may be referred to as a double frontage lot.

Lot width means the required distance between the side lot lines, measured in a straight line at the two points where the required front setback intersects the side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to 80 percent of the required lot width.

Lot, zoning, means a tract or parcel of land which is designated by its owner or developer as a tract to be used, developed or built as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record.

Manufactured housing means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and bearing a seal that it is built in compliance with applicable national or state construction code standards.

Material change means includes, but is not limited to, any commencement of mining, excavation, grading, or land clearance; deposit of refuse, waste, or fill on land not already used for that purpose or permitted to be used for that purpose by this chapter, or which extends the height of any existing deposit above the level of the land adjoining the site; alteration of a shore, bank, or floodplain of a river, stream, or of any lake or pond, natural or artificial.

Mobile home means a structure, transportable in one or more sections, which is built on a chassis and designated to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical system contained in the structure. Mobile home does not include a recreation vehicle.

Mobile home pad means that part of a mobile home site specifically designated for the placement of a mobile home.

Mobile home park means a parcel or tract of land under the control of a person on 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 and which is not intended for use as a temporary trailer park.

Mobile home park, seasonal, means a parcel or tract of land under the control of a person on which three or more mobile homes are located on a continual or temporary basis but occupied on a temporary basis only, and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home. The term "seasonal mobile home park" does not include a campground licensed pursuant to laws of the state.

Mobile home site means the entire area which is designated for use by a specific mobile home.

Motor home means a self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreation activities and temporary occupancy.

Natural features means a wetland, as defined and regulated by the state and means a watercourse, including a lake, pond, river, stream or creek.

Nonconformity, illegal. A structure, use, lot, site, or portion thereof that did not meet the standards of the zoning ordinance in effect at the time it was created or begun and that does not meet the standards of the current ordinance.

Nonconformity, legal. A structure, use, lot, site, or portion thereof, lawfully existing at the time of adoption of a zoning ordinance or subsequent amendment that does not meet the standards of the current ordinance.

Nursing or convalescent home means a state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under state law even through state law has different size regulations.

Open air business uses means, as used in this chapter, shall be deemed to include any of the following businesses when said business is not conducted from a wholly enclosed building:

(1)

Bicycle, trailer, motor vehicle, boats or home equipment sale or rental services.

(2)

Outdoor display and sale of garages, swimming pools, and similar uses.

(3)

Retail sale of trees, fruits, vegetables, shrubbery, plants, seed, topsoil, humus, fertilizer, trellis, lawn furniture, playground equipment, and other home garden supplies and equipment.

(4)

Tennis courts, archery ranges, shuffleboard, horseshoe courts, miniature golf, golf driving range, amusement park or similar recreational uses.

Ordinary high water mark means the line between upland and bottomland which persists through successive changes in water levels, below which the presence of action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural level as a result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark.

Parcel means a piece or tract of land.

Park means a public or private area dedicated to recreation use and generally characterized by its natural historic, and landscape features. It is used for both passive and active forms of recreation and may be designed to serve the residents of a neighborhood, community, or region. For purposes of this chapter, the following more specific definitions shall apply:

(1)

Neighborhood park means a park which is designed and equipped to primarily serve neighboring residential areas.

(2)

Community park means a park which is designed and equipped to serve the township, as well as neighboring residential areas.

(3)

Regional park means a park which is designed and equipped to serve areas outside the township, as well as the township.

Parking facility, off-street, means a land surface or area providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of motor vehicles.

Parking space means one unit of parking facility provided for the parking of one vehicle.

Private road means a means of ingress and egress serving two or more parcels which is not dedicated for public use to the county road commission.

Public utility means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state, or municipal regulations, to the public: electricity, gas, steam, communications, telegraph, transportation, water or sanitary sewer facilities.

Recreational equipment means equipment designed and used primarily for recreational use such as boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases and boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Restaurant means any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out restaurant, drive-in restaurant, drive-through restaurant, standard restaurant or bar/lounge, or a combination thereof, as defined below:

(1)

Carry-out restaurant means a restaurant whose method of operation involves the sale of food, beverages and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

(2)

Drive-in restaurant means a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

(3)

Drive-through restaurant means a restaurant whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.

(4)

Standard restaurant means a restaurant whose method of operation involves either:

a.

The delivery of prepared food by wait staff to customers seated at tables within a completely enclosed building; or

b.

The acquisition by customers of prepared food at a cafeteria line and its subsequent consumption by the customers at tables within a completely enclosed building.

Road. See Street.

Roadside stand means a temporary building or structure operated for the purpose of selling only produce raised or produced on the premises where situated, and its use shall not make a commercial district, nor shall its use be deemed a commercial activity.

Salvage yard means an open area where waste, used or second-hand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. The term "salvage yard" includes automobile wrecking yards and any area of more than 200 square feet used for the storage, keeping or abandonment of salvaged materials, but does not include uses established entirely within enclosed buildings.

Screen means a structure providing enclosure, such as a fence, and a visual barrier between the area enclosed and the adjacent property. A screen may also be a nonstructure, consisting of shrubs, or other growing materials.

Self-storage facility means a building consisting of individual, small self-contained units that are leased for the storage of personal and household goods.

Setback means the minimum horizontal distance between the building or structure, excluding steps and unroofed porches, and the adjacent property line, lot line, right-of-way, or easement if for ingress and egress.

Shopping center means a grouping of commercial establishments with the following characteristics:

(1)

A parcel of land and buildings under single ownership or control;

(2)

A single building or a carefully coordinated group of buildings located on contiguous parcels having a variety of stores creating attraction of the unit as a whole; and

(3)

A large area of free parking.

Short-term rental means a dwelling unit that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation, for a period of less than 30 nights at a time. A short-term rental may also refer to a portion of a dwelling unit available for use or is used for accommodations or lodging of guests, paying a fee or other compensation, wherein such portion of a dwelling meets all applicable requirements under this ordinance.

Sign means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. House numbers, addresses, and name plates not exceeding two square feet shall not be considered signs.

(1)

Abandoned sign means after a period of two years a sign which no longer directs or exhorts any person, or advertises a bona fide business, lesser, owner, product or activity conducted or product available on the premises where such sign is displayed.

(2)

Animated sign means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

(3)

Banner means any sign of lightweight fabric or similar material that is attached to a pole or a building at one or more edges.

(4)

Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zoning lot as the light source; also, any light with one or more beams that rotate or move.

(5)

Building sign means any sign attached to any part of a building, as contrasted to a ground sign. Building signs shall include the following types of signs as defined in this section: canopy, projecting, wall, and permanent window.

(6)

Canopy sign means any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance window, or outdoor service area.

(7)

District means zoning district as established by this chapter.

(8)

Flag means any fabric or banner containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

(9)

Ground sign means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(10)

Height of sign means the vertical distance to the top edge of the copy area or structure, whichever is higher, as measured from the adjacent street grade.

(11)

Monument Sign means a freestanding sign having the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile, or textured concrete materials compatible with the materials of the primary structure on the subject parcels.

(12)

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

(13)

Off-site sign (off-premises sign) means a sign that contains a message unrelated to or not advertising a business transacted or goods sold or produced on the premises on which the sign is located; also called a remote sign or billboard.

(14)

Pennant means any lightweight plastic, fabric, or other material suspended from a rope, wire, or string, usually in series, designed to move in the wind.

(15)

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way, unless said vehicle is licensed operable and used in the normal day-to-day operations of the business.

(16)

Projecting sign means any sign affixed perpendicular to a building or wall in such a manner that its leading edge extends beyond the surface of such building or wall.

(17)

Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(18)

Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(19)

Temporary sign means a sign that is intended to be displayed for a limited period of time and is not permanently mounted.

(20)

Wall sign means a sign attached parallel to a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

(21)

Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information about a community activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Solar array: Any number of photovoltaic devices connected together to provide a single output of electric energy or other energy.

Solar energy collector: A panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal or chemical energy for the purpose of generating electric power or other form of generated energy for use in or associated with the principal land use on the parcel of the land on which the solar energy collector is located and, if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other lands.

(1)

Building-mounted solar energy collector: A solar energy collector attached to the roof or wall of a building or which serves as the roof, wall, or window or other element, in whole or in part, of a building.

(2)

Ground-mounted solar energy collector: A solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located.

(3)

Commercial solar energy system: A utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy with a capacity greater than one megawatt (MW).

Special land use means a use which may be permitted after recommendation by the planning commission and approval by the township board. A special land use may be granted in a zoning district only when there is a specific provision for such use in this chapter. A special land use is a special land use as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

Story means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between any floor and the ceiling next above it.

Story, one-half, means a story under the gable, hip, or gambrel roof, the wall plates on which on at least two opposite exterior walls are not more than two feet above the floor of such story and the floor area shall not exceed two-thirds of the area of the floor below.

Street means a traffic way which affords the principal means of access to abutting property.

Street line means the right-of-way line of a public street or the easement line of a private street approved by the township board.

Structure means anything constructed, erected or placed with a fixed location on the ground or affixed to something having a fixed location on the ground.

Time limits means time limits means calendar days, unless otherwise specified in this chapter.

Transient means occupancy of a dwelling unit or sleeping unit for not more than 30 days.

Travel trailer means a vehicular, portable structure built on a nonmotorized chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Undefined terms means any term not defined herein shall have the meaning of common or standard use.

Variance means a relaxation of the terms of this chapter 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 the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means, unless specifically indicated otherwise, a motorized vehicle intended to be driven on roads or trails, such as cars, pickup trucks, vans and motorcycles, and other vehicles defined as motor vehicles by the state vehicle code.

Vehicle collision repair facility means a facility which offers and provides for, vehicle frame straightening, repair or replacement of vehicle sheet metal, vehicle painting or repainting, and similar related services.

Vehicle repair facility, major, means a facility which offers and provides for, repair of mechanical, electrical, cooling, exhaust, brake, and power system repairs, including, transmission repair shops, shops used for the internal repair or engine components and drive train repair, and radiator repair shops. Collision shops are included in this definition.

Vehicle repair facility, minor, means a facility which offers or provides for, repair of mechanical, electrical, cooling, exhaust, brake, and power system repairs. Collision shops, transmission repair shops, shops used for the internal repair of engine components and drive train repair, and radiator repair, are expressly excluded from this definition.

Vehicle sales and service facility means a building or premises used primarily for the sale, lease or rental of new and/or used automobiles. These facilities may also provide both minor and major repair services in a completely enclosed building as an ancillary service.

Wetland means land characterized by the presence of water or a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

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

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

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

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

On-site wind energy conversion system means a WECS 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.

Wireless communications facilities means all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, micro-wave relay facilities, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave receiving facilities; amateur (ham) radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this chapter, the following additional terms are defined:

(1)

Attached wireless communications facilities means wireless communications facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

(2)

Wireless communication support structures means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(3)

Collocation means the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communications antennas within the community.

Yard, front, means an open, unoccupied space extending the full width of the lot and situated between the street line and the front building line and parallel to the street line.

Yard, minimum, means the minimum distance which any building must be located from a property line, a street right-of-way line, an easement line of an approved private street, or a high water line.

Yard, rear, means an open, unoccupied space extending the full width of the lot and situated between the rear line of the lot and the rear building line and parallel to the rear lot line.

Yard, side, means an open, unoccupied space situated between the side building line and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard and parallel to the side lot line.

(Ord. of 3-17-2008, § 2.02; Ord. No. 129, § 2.02, 2-1-2010; Ord. No. 156-14, 4-7-2014; Ord. No. 162-15, 5-4-2015; Ord. No. 163-15, 5-4-2015; Ord. No. 164-15, 5-4-2015; Ord. No. 168B-18, § 1, 1-8-2018; Ord. No. 187-22, § 3, 6-6-2022; Ord. No. 196-24, 5-6-2024; Ord. No. 197-24, 6-3-2024; Ord. No. 200-24, 12-2-2024; Ord. No. 201-24, 12-2-2024; Ord. No. 202-25, 1-6-2025)