- IN GENERAL
The ordinance from which this chapter was derived was enacted pursuant to Public Act No. 184 of 1943, being the township zoning act (MCL 125.271 et seq.). The continued administration of this chapter, amendments to this chapter and all other matters concerning operation of this chapter shall be done pursuant to Public Act No. 110 of 2006, being the Michigan zoning enabling act (MCL 125.3101 et seq.), hereinafter referred to as the "zoning act."
(Ord. of 6-9-2010, § 1.1)
This chapter shall be known and may be cited as "The Zoning Ordinance of Cambridge Township." The zoning map referred to herein is entitled "Zoning Map, Cambridge Township."
(Ord. of 6-9-2010, § 1.2)
This chapter has been established for the purpose of:
(1)
Promoting and protecting the public health, safety and general welfare;
(2)
Protecting the character and stability of the agricultural, recreational, residential, commercial and industrial areas, and promoting the orderly and beneficial development of such areas;
(3)
Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air and privacy to protect the public health;
(4)
Lessening and avoiding congestion on public highways and streets;
(5)
Providing for the needs of agriculture, recreation, residence, commerce and industry in future growth to conform with the most advantageous uses of land, resources and properties, with reasonable consideration of other things, the general and appropriate trend and character of land, building and population development as studied and recommended by the township board and planning commission;
(6)
Encouraging the most appropriate use of lands in accordance with their character and adaptability, and prohibiting uses which are incompatible with the character of development permitted within specified zoning district;
(7)
Conserving the taxable value of land and structures;
(8)
Conserving the expenditure of funds for public improvements and services;
(9)
Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise vibration, radioactivity and other nuisances and hazards in the interest of the people; and
(10)
Providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses.
(Ord. of 6-9-2010, § 1.3)
(a)
Every building and structure erected, every use of any lot, building or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building or structure occurring after the effective date of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter, which are applicable in the zoning district in which such building or structure or lot is located.
(b)
To avoid practical difficultly, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter; provided that construction shall be completed within 365 days of such effective date and be subject thereafter to the provisions of article VIII of this chapter.
(c)
The adoption of this chapter shall not limit the construction of any building or structure for which a zoning permit had been obtained prior to the effective date of adoption or amendment of this chapter even though such building or structure does not conform to the provisions of this chapter; provided that work shall commence and be carried on within 30 days of obtaining such permit and be subject thereafter to the provisions of article VIII of this chapter.
(Ord. of 6-9-2010, § 2.1)
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. When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number; and the plural, the singular. The word "shall" is always mandatory and not merely (suggestive). The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.
Accessory structure, building or use means a detached structure, building or use on the same lot with, and of a nature customarily incidental and subordinate to the principal structure, building or use.
Alley means a public or private way not more than 33 feet wide which affords only a secondary means of access to abutting property.
Alter means any structure change in the supporting or load-bearing member of a building; such as bearing walls, columns, beams, girders or floor joists.
Apartment means a dwelling unit in an apartment house arranged, designed or occupied as a residence by a single-family, individual or group of individuals.
Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants or grease and other operating commodities for motor vehicles including the customary space and facilities for the installation of such commodities; and including space for temporary minor repair or servicing such as polishing, washing, cleaning, greasing, but not including bumping, painting or refinishing thereof.
Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
Barn event venue means an existing building located in an agricultural zoning district, and made available on a lease or rental basis as a venue for events which are open on an invitation only basis, such as weddings, receptions, birthday or anniversary parties, graduation open houses, or bridal or baby showers. And which shall be a conditional use in the AG-1 districts subject to the standards set forth in chapter 36, article IV, division 5 and division 7.
Basement means a story of a building having more than one-half its height below grade.
Boardinghouse or roominghouse means a dwelling where meals and/or lodging are provided for compensation to persons by pre-arrangement for definite periods of time.
Building means an enclosed structure having a roof supported by columns, walls or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
Building height means the vertical distance measured from grade to the highest point of the roof.
Building setback line means a line parallel to, or concentric with, the front property line delineating the minimum allowable distance between the front lot line and the front of any building.
Building site means that portion of a site condominium intended for separate ownership or exclusive use as opposed to "general common elements" as described in the master deed of the condominium project.
Central sanitary sewerage system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a sanitary sewerage disposal system from a central location or plant, but not including septic tanks.
Central water system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a central water system from a central location or plant.
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, where the parents or guardians are not immediately available to the child. The term "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, before- or after-school program, or drop-in center. The term "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 in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.
(3)
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.
(4)
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.
Communication tower means a radio, telephone, cellular telephone or television relay structure of skeleton framework or monopole attached directly to the ground or to another structure used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. This definition shall not include dishes, antennas, aerials or similar reception, or transmission structures used for non-commercial purposes serving a single residential or business premises and that does not exceed the height limitations for the appropriate zoning district as found in article III, division 6 of this chapter.
Condominium subdivision (site condominium) means a method of subdivision where land ownership of sites is regulated by the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), as opposed to the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.). Condominium subdivision shall be equivalent to the term "subdivision" as used in this chapter and the township subdivision control ordinance.
District means a portion of Cambridge Township within which certain uniform regulations and requirements apply under the provisions of this chapter.
Drive-in establishment means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building.
Dwelling, commercial secondary means an independent, self-contained dwelling unit having separate direct access incidental and subordinate to and located within a commercial building or a separate residential dwelling incidental and subordinate to and located on the same lot as a commercial enterprise.
Dwelling, multiple-family, means a building designed for or occupied by three or more families living independently of each other with separate housekeeping and cooking facilities for each.
Dwelling, residential secondary, means an area within a single family dwelling, within an accessory structure on a lot with a single-family dwelling, or a detached standalone building on a lot with a single family dwelling. It will have separate housekeeping and cooking facilities from those used for the single family dwelling.
Dwelling, single-family, means a detached building other than a mobile home designed for or occupied by one family and may include a residential secondary dwelling if regulations in section 36-260 are met.
Dwelling, two-family, means a detached building designed for or occupied by two families only with separate housekeeping and cooking facilities for each.
Dwelling unit means any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family either permanently or transiently, but in no case shall a travel trailer, motor home, automobile chassis, tent or other portable building be considered a dwelling in single-family, two-family or multiple-family residential areas. In cases of mixed occupancy where a building is occupied part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof related to dwellings. In addition, a dwelling unit shall meet the following requirements:
(1)
A minimum exterior width of 20 feet exclusive of areas not a part of the main living area (porches, architectural features, etc.). A residential secondary dwelling are exempt from this regulations.
(2)
Firmly attached to a foundation constructed in accordance with the state residential building code and/or other applicable state or federal rules and regulations.
(3)
No exposed wheels, towing mechanisms, undercarriage or chassis; no storage in crawl space or skirted area.
(4)
Shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction. If public water and sanitary sewage disposal facilities is/are available to said premises, said shall be connected thereto.
(5)
Shall contain storage areas in the basement, attic, closets or in an area designed for the storage of personal property, exclusive of an attached or detached garage designed for the storage of automobiles and exclusive of the crawl space of a dwelling not possessing a basement. Such storage shall be equal to ten percent of the interior living space.
(6)
Shall be aesthetically compatible in design and appearance to conventionally on-site constructed homes by having:
a.
A roof pitch of three inches to one foot.
b.
A roof overhang of not less than six inches along all sides of the dwelling.
c.
Not less than two exterior doors with one being in either the rear or side of the unit.
d.
A roof drainage system to avoid drainage along the sides of the dwelling.
(7)
All additions shall be constructed with permanent foundation and compatible materials in similar quality of workmanship as the original structure.
(8)
Compliance with pertinent building and fire codes and conformance with all applicable township building, plumbing, electrical and energy codes.
(9)
The term "dwelling" includes earth sheltered homes constructed in conformance with the current state residential building code.
(10)
Covered window sills with drip seals.
The foregoing standards shall not apply to a mobile home located in a licensed mobile home park or mobile home subdivision except to the extent required by the township, state or federal laws and regulations.
Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments, commissions or boards, of underground, surface or overhead gas, electric, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, drains, sewers, 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, for the general public health, safety, convenience or welfare, but not including buildings, towers or maintenance depots.
Family means one or more persons living together in one dwelling unit and interrelated by bonds of marriage, blood or legal adoption (additionally may include persons not so related who are either domestic servants or gratuitous guests), comprising a single housekeeping unit (sharing one kitchen facility for normal meal preparation—sink, oven, refrigerator); as distinguished from a group occupying a hotel, motel, boardinghouse, club, fraternity or sorority house, or tourist home. Every additional person or group of two or more persons not related or included in the family as herein defined shall be considered a separate family for the purpose of this chapter.
Feedlot means any facility or enclosed area where farm animals are fed and maintained for more than four hours out of 24 hours at a density greater than four head per acre for cattle and horses, ten head per acre for smaller animals or more than 30 fowls per acre.
Fence means a barrier designed and/or intended to prevent escape or intrusion or to mark a boundary.
Funneling means the use of an inland waterfront property, parcel or lot as common open space to serve as waterfront access for a separate, multifamily development or property containing more than one parcel, lot or housing unit, which development or property is located away from the waterfront. More particularly, funneling is the use of a waterfront property, parcel or lot contiguous to a body of water by the owners, lessees, occupants or licensees of any of the following types of property, if such property contains more than one parcel or lot, or more than one dwelling unit:
(1)
Non-waterfront property under a separate legal description on the county tax roll or property acquired under a separate deed on file with the county register of deeds.
(2)
Non-riparian property, if such property contains more than one dwelling unit.
(3)
Property separated from shoreline properties by a public road.
This restriction shall apply to any parcel regardless of whether access to the water shall be gained by easement, common fee ownership, single fee ownership or lease.
Home occupation means an occupation that is traditionally and customarily carried on in the home being primarily incidental to the principal residential use.
Junk yard means a structure or parcel 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, cording, 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 sale, purchase or storage of salvaged machinery and the processing of used, discarded or salvaged materials for any 30 consecutive days.
Kennel means any lot or premises on which three or more dogs, four months old or more, are confined either permanently or temporarily for either boarding, breeding, sale or some other commercial purpose.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as herein required. Such lot may consist of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, or contiguous portions of lots of record or a parcel of land described by metes and bounds.
Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way.
Lot corner means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.
Lot line, front, means a line separating a lot from a street, road or private easement of access. In the case of a corner lot or double-frontage lot, a line separating a lot from the street, road or private easement of access which is obviously the front by reason of the prevailing custom of other buildings on the block or along the same street, road or easement of access. In instances where lots abut bodies of water, the front lot line shall be defined as the average high-water line which separates the lot from the body of water.
Lot of record means a lot which is part of a subdivision and is 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 deed to which has been recorded in said office.
Lot, through (double frontage), means an interior lot having frontage on two parallel or approximately parallel streets.
Marina means a facility, whether located on a waterfront or otherwise, with docks or other accommodation for in-season mooring or storage of recreational watercraft that may include attendant incidental sale of products and services, including minor mechanical repair. In the event petroleum products are to be sold or dispensed, the site shall comply with all environmental and safety regulations mandated by federal, state and/or local law or regulations and such further conditions as may be imposed by the township to promote the public health, safety and general welfare.
Mobile home means a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year round living as a single-family dwelling. Provided, however, that the term "mobile home" shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and potable water utilities.
Mobile home park means a tract of land prepared and approved according to the procedures in this chapter to accommodate mobile homes on rented or leased lots.
Mobile home subdivision means a legally platted residential subdivision accommodating mobile homes.
Motel means any establishment in which individual cabins, courts or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" shall include tourist cabins and motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel or a mobile home park.
Motor home means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit capable of being operated under its own power.
Off-street parking means a facility providing vehicular parking spaces with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of automobiles.
On-site wind energy system means a land use for generating electric power from wind and is an accessory use that is intended to primarily serve the needs of the consumer at that site.
Outdoor wood-fired hydronic heater means equipment, device or apparatus which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel products (i.e., wood, corn) to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood-fired heater or outdoor wood-fired hydronic heater.
Parking space, area, lot means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not; or as an accommodation to clients, customers, visitors or employees.
Power craft means watercraft containing a mechanical power unit as its main source of power or as a secondary or auxiliary source of power.
Private home means a private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency. The term "private home" includes a full-time foster family home, a full-time foster family group home, a group child care home or a family child care home, as follows:
Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for compensation 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 child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. The term "family child care home" does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would, according to the Internal Revenue Code of 1986, obligate the child's parent or guarding to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services.
Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 (MCL 710.21 to 710.70), are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian or legal custodian.
Foster family home means a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 (MCL 710.21 to 710.70), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.
Group child 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 child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year and which meets all of the following requirements:
(1)
Is located not closer than 1,500 feet to any of the following:
a.
Another licensed group child care home;
b.
An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 to 400.737);
c.
A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the public health code, Public Act No. 368 of 1978 (MCL 333.6101 to 333.6523); or
d.
A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.
(2)
Has appropriate fencing for the safety of the children in the group child care home as determined by the local unit of government.
(3)
Maintains the property consistent with the visible characteristics of the neighborhood.
(4)
Does not exceed 16 hours of operation during a 24-hour period. The local unit of government may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m.
(5)
Meets regulations, if any, governing signs used by a group child care home to identify itself.
(6)
Meets regulations, if any, requiring a group child care home operator to provide off-street parking accommodations for his employees.
Medical marihuana facilities and recreational marihuana establishments. As used hereafter terms shall be as defined in MCL 333.27102 and MCL 333.27953 respectively or in the absence of statutory definitions the meanings usually and customarily ascribed to them.
Public warehouse means any building available to the public, operated for gain and which is used for storage of goods, wares, merchandise and/or personal property of any kind or nature whatsoever.
Quarry means any pit, excavation or mining operation for the purpose of searching for or removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble or other non-metallic minerals in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.
Riding academy means any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
Roadside stand means a structure temporarily operated for the purpose of selling produce raised or produced primarily on the premises where situated, and its use shall not make a commercial district, nor shall its use be deemed a commercial activity.
Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone or horn. Such device shall be used to transmit and/or receive radio or electro-magnetic waves between terrestrial and/or orbital based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TV, radio and satellite microwave antennas.
Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; except however, the following which shall not be included within this definition:
(1)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations;
(2)
Legal notices, identification, information, or directional signs erected or required by governmental bodies;
(3)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
(4)
Signs directing and guiding traffic and parking to private property, but bearing no advertising matter.
Sign area means the area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of such area.
Sign, on-site, means a sign advertising a product for sale or a service to be rendered on the immediate premises where the sign is located.
Site plan review means a review by the planning commission of certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns and on adjacent land usage.
State licensed residential facilities means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et. seq.), or child care organizations act, Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer persons under 24-hour supervision or care.
Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
Street means a public or private thoroughfare which affords the principal means of access to abutting property.
Structure means anything constructed, erected or placed with a fixed location on the surface of the ground.
Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of the land division act by sections 108 and 109 (MCL 560.108 and 560.109). The term "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the land division act or the requirements of an applicable local ordinance.
Television, radio and microwave tower means a structure intended to support a source of non-ionizing electromagnetic radiation and accessory equipment related to telecommunications. Antennas and supporting structures for telecommunications devices that only receive radio frequency signals shall not be considered, such as television towers, for the purposes of this chapter.
Travel trailer means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger vehicle.
Utility grid wind energy system means a land use for generating power by use of wind at multiple tower locations in a community and includes accessory uses, such as, but not limited to, a SCADA tower, electric substation. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.
Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.
Yard, front, lake, means a lot having frontage directly upon a lake, natural, or manmade river or other artificial impoundment of water in all districts. The portion adjacent to the water shall be designated the lake front yard of the lot and shall be measured from the high-water mark for the front yard setback.
Yard, rear, means an open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building.
Yard, side, means an open, unoccupied space on the same lot with the principal building between the side line of the principal building 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, if no front yard is required, the front boundary of the side yard shall be the rear line of the lot.
Zoning act or Act means Public Act No. 110 of 2006, being Michigan zoning enabling act (MCL 125.3101 et seq.).
(Ord. of 6-9-2010, § 2.2; Ord. No. 11-01, § 1, 3-9-2011; Ord. No. 13-02, 4-10-2013; Ord. No. 16-0001, § 1, 3-9-2016; Ord. No. 18-02, Att. A, 7-11-2018; Ord. No. 18-04, § 1, 1-9-2019; Ord. No. 2020-03, § 1, 5-6-2020; Ord. No. 21-01, § 1, 10-13-2021)
Any term not defined herein shall have the meaning of common or standard use.
(Ord. of 6-9-2010, § 2.3)
The regulations established by this chapter within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare and shall not preclude the establishment of higher or more restrictive standards, or requirements for the authorization of any conditional use permit, where such higher or more restrictive standards or requirements are found necessary by the planning commission to attain the purposes of this chapter.
(Ord. of 6-9-2010, § 2.4)
(a)
Conflicting laws of a more restrictive nature are not affected or repealed by this chapter. The provisions of this chapter shall be considered as minimum. Conflicting laws of a less restrictive nature, or those conflicting in other ways than degrees of restrictiveness, are hereby repealed.
(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 6-9-2010, § 10.1)
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 included in said ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure; such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building or structure not specifically included in said ruling.
(Ord. of 6-9-2010, § 10.2)
(a)
Whenever the township board determines that a use of land or activity that was not considered for regulation at the time of adoption of the zoning ordinance is being proposed or when in the opinion of the township board, existing regulations need to be amended to better protect the health, safety and welfare of the residents, the township board is authorized to adopt a resolution placing a 12 month moratorium on such use or activity to enable the township to study the proposed use and to adopt appropriate regulations.
(b)
Moratoriums shall not be used to obstruct or impede a use that is a recognized permitted use under the provisions of the zoning ordinance.
(Ord. No. 2024-02, § 1, 2-12-2025)
- IN GENERAL
The ordinance from which this chapter was derived was enacted pursuant to Public Act No. 184 of 1943, being the township zoning act (MCL 125.271 et seq.). The continued administration of this chapter, amendments to this chapter and all other matters concerning operation of this chapter shall be done pursuant to Public Act No. 110 of 2006, being the Michigan zoning enabling act (MCL 125.3101 et seq.), hereinafter referred to as the "zoning act."
(Ord. of 6-9-2010, § 1.1)
This chapter shall be known and may be cited as "The Zoning Ordinance of Cambridge Township." The zoning map referred to herein is entitled "Zoning Map, Cambridge Township."
(Ord. of 6-9-2010, § 1.2)
This chapter has been established for the purpose of:
(1)
Promoting and protecting the public health, safety and general welfare;
(2)
Protecting the character and stability of the agricultural, recreational, residential, commercial and industrial areas, and promoting the orderly and beneficial development of such areas;
(3)
Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air and privacy to protect the public health;
(4)
Lessening and avoiding congestion on public highways and streets;
(5)
Providing for the needs of agriculture, recreation, residence, commerce and industry in future growth to conform with the most advantageous uses of land, resources and properties, with reasonable consideration of other things, the general and appropriate trend and character of land, building and population development as studied and recommended by the township board and planning commission;
(6)
Encouraging the most appropriate use of lands in accordance with their character and adaptability, and prohibiting uses which are incompatible with the character of development permitted within specified zoning district;
(7)
Conserving the taxable value of land and structures;
(8)
Conserving the expenditure of funds for public improvements and services;
(9)
Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise vibration, radioactivity and other nuisances and hazards in the interest of the people; and
(10)
Providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses.
(Ord. of 6-9-2010, § 1.3)
(a)
Every building and structure erected, every use of any lot, building or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building or structure occurring after the effective date of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter, which are applicable in the zoning district in which such building or structure or lot is located.
(b)
To avoid practical difficultly, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter; provided that construction shall be completed within 365 days of such effective date and be subject thereafter to the provisions of article VIII of this chapter.
(c)
The adoption of this chapter shall not limit the construction of any building or structure for which a zoning permit had been obtained prior to the effective date of adoption or amendment of this chapter even though such building or structure does not conform to the provisions of this chapter; provided that work shall commence and be carried on within 30 days of obtaining such permit and be subject thereafter to the provisions of article VIII of this chapter.
(Ord. of 6-9-2010, § 2.1)
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. When not inconsistent with the context, the present tense includes the future; the words used in the singular number include the plural number; and the plural, the singular. The word "shall" is always mandatory and not merely (suggestive). The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.
Accessory structure, building or use means a detached structure, building or use on the same lot with, and of a nature customarily incidental and subordinate to the principal structure, building or use.
Alley means a public or private way not more than 33 feet wide which affords only a secondary means of access to abutting property.
Alter means any structure change in the supporting or load-bearing member of a building; such as bearing walls, columns, beams, girders or floor joists.
Apartment means a dwelling unit in an apartment house arranged, designed or occupied as a residence by a single-family, individual or group of individuals.
Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants or grease and other operating commodities for motor vehicles including the customary space and facilities for the installation of such commodities; and including space for temporary minor repair or servicing such as polishing, washing, cleaning, greasing, but not including bumping, painting or refinishing thereof.
Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
Barn event venue means an existing building located in an agricultural zoning district, and made available on a lease or rental basis as a venue for events which are open on an invitation only basis, such as weddings, receptions, birthday or anniversary parties, graduation open houses, or bridal or baby showers. And which shall be a conditional use in the AG-1 districts subject to the standards set forth in chapter 36, article IV, division 5 and division 7.
Basement means a story of a building having more than one-half its height below grade.
Boardinghouse or roominghouse means a dwelling where meals and/or lodging are provided for compensation to persons by pre-arrangement for definite periods of time.
Building means an enclosed structure having a roof supported by columns, walls or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
Building height means the vertical distance measured from grade to the highest point of the roof.
Building setback line means a line parallel to, or concentric with, the front property line delineating the minimum allowable distance between the front lot line and the front of any building.
Building site means that portion of a site condominium intended for separate ownership or exclusive use as opposed to "general common elements" as described in the master deed of the condominium project.
Central sanitary sewerage system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a sanitary sewerage disposal system from a central location or plant, but not including septic tanks.
Central water system means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public a central water system from a central location or plant.
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, where the parents or guardians are not immediately available to the child. The term "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, before- or after-school program, or drop-in center. The term "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 in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.
(3)
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.
(4)
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.
Communication tower means a radio, telephone, cellular telephone or television relay structure of skeleton framework or monopole attached directly to the ground or to another structure used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. This definition shall not include dishes, antennas, aerials or similar reception, or transmission structures used for non-commercial purposes serving a single residential or business premises and that does not exceed the height limitations for the appropriate zoning district as found in article III, division 6 of this chapter.
Condominium subdivision (site condominium) means a method of subdivision where land ownership of sites is regulated by the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), as opposed to the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.). Condominium subdivision shall be equivalent to the term "subdivision" as used in this chapter and the township subdivision control ordinance.
District means a portion of Cambridge Township within which certain uniform regulations and requirements apply under the provisions of this chapter.
Drive-in establishment means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building.
Dwelling, commercial secondary means an independent, self-contained dwelling unit having separate direct access incidental and subordinate to and located within a commercial building or a separate residential dwelling incidental and subordinate to and located on the same lot as a commercial enterprise.
Dwelling, multiple-family, means a building designed for or occupied by three or more families living independently of each other with separate housekeeping and cooking facilities for each.
Dwelling, residential secondary, means an area within a single family dwelling, within an accessory structure on a lot with a single-family dwelling, or a detached standalone building on a lot with a single family dwelling. It will have separate housekeeping and cooking facilities from those used for the single family dwelling.
Dwelling, single-family, means a detached building other than a mobile home designed for or occupied by one family and may include a residential secondary dwelling if regulations in section 36-260 are met.
Dwelling, two-family, means a detached building designed for or occupied by two families only with separate housekeeping and cooking facilities for each.
Dwelling unit means any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family either permanently or transiently, but in no case shall a travel trailer, motor home, automobile chassis, tent or other portable building be considered a dwelling in single-family, two-family or multiple-family residential areas. In cases of mixed occupancy where a building is occupied part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof related to dwellings. In addition, a dwelling unit shall meet the following requirements:
(1)
A minimum exterior width of 20 feet exclusive of areas not a part of the main living area (porches, architectural features, etc.). A residential secondary dwelling are exempt from this regulations.
(2)
Firmly attached to a foundation constructed in accordance with the state residential building code and/or other applicable state or federal rules and regulations.
(3)
No exposed wheels, towing mechanisms, undercarriage or chassis; no storage in crawl space or skirted area.
(4)
Shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction. If public water and sanitary sewage disposal facilities is/are available to said premises, said shall be connected thereto.
(5)
Shall contain storage areas in the basement, attic, closets or in an area designed for the storage of personal property, exclusive of an attached or detached garage designed for the storage of automobiles and exclusive of the crawl space of a dwelling not possessing a basement. Such storage shall be equal to ten percent of the interior living space.
(6)
Shall be aesthetically compatible in design and appearance to conventionally on-site constructed homes by having:
a.
A roof pitch of three inches to one foot.
b.
A roof overhang of not less than six inches along all sides of the dwelling.
c.
Not less than two exterior doors with one being in either the rear or side of the unit.
d.
A roof drainage system to avoid drainage along the sides of the dwelling.
(7)
All additions shall be constructed with permanent foundation and compatible materials in similar quality of workmanship as the original structure.
(8)
Compliance with pertinent building and fire codes and conformance with all applicable township building, plumbing, electrical and energy codes.
(9)
The term "dwelling" includes earth sheltered homes constructed in conformance with the current state residential building code.
(10)
Covered window sills with drip seals.
The foregoing standards shall not apply to a mobile home located in a licensed mobile home park or mobile home subdivision except to the extent required by the township, state or federal laws and regulations.
Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments, commissions or boards, of underground, surface or overhead gas, electric, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, drains, sewers, 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, for the general public health, safety, convenience or welfare, but not including buildings, towers or maintenance depots.
Family means one or more persons living together in one dwelling unit and interrelated by bonds of marriage, blood or legal adoption (additionally may include persons not so related who are either domestic servants or gratuitous guests), comprising a single housekeeping unit (sharing one kitchen facility for normal meal preparation—sink, oven, refrigerator); as distinguished from a group occupying a hotel, motel, boardinghouse, club, fraternity or sorority house, or tourist home. Every additional person or group of two or more persons not related or included in the family as herein defined shall be considered a separate family for the purpose of this chapter.
Feedlot means any facility or enclosed area where farm animals are fed and maintained for more than four hours out of 24 hours at a density greater than four head per acre for cattle and horses, ten head per acre for smaller animals or more than 30 fowls per acre.
Fence means a barrier designed and/or intended to prevent escape or intrusion or to mark a boundary.
Funneling means the use of an inland waterfront property, parcel or lot as common open space to serve as waterfront access for a separate, multifamily development or property containing more than one parcel, lot or housing unit, which development or property is located away from the waterfront. More particularly, funneling is the use of a waterfront property, parcel or lot contiguous to a body of water by the owners, lessees, occupants or licensees of any of the following types of property, if such property contains more than one parcel or lot, or more than one dwelling unit:
(1)
Non-waterfront property under a separate legal description on the county tax roll or property acquired under a separate deed on file with the county register of deeds.
(2)
Non-riparian property, if such property contains more than one dwelling unit.
(3)
Property separated from shoreline properties by a public road.
This restriction shall apply to any parcel regardless of whether access to the water shall be gained by easement, common fee ownership, single fee ownership or lease.
Home occupation means an occupation that is traditionally and customarily carried on in the home being primarily incidental to the principal residential use.
Junk yard means a structure or parcel 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, cording, 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 sale, purchase or storage of salvaged machinery and the processing of used, discarded or salvaged materials for any 30 consecutive days.
Kennel means any lot or premises on which three or more dogs, four months old or more, are confined either permanently or temporarily for either boarding, breeding, sale or some other commercial purpose.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as herein required. Such lot may consist of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, or contiguous portions of lots of record or a parcel of land described by metes and bounds.
Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way.
Lot corner means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.
Lot line, front, means a line separating a lot from a street, road or private easement of access. In the case of a corner lot or double-frontage lot, a line separating a lot from the street, road or private easement of access which is obviously the front by reason of the prevailing custom of other buildings on the block or along the same street, road or easement of access. In instances where lots abut bodies of water, the front lot line shall be defined as the average high-water line which separates the lot from the body of water.
Lot of record means a lot which is part of a subdivision and is 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 deed to which has been recorded in said office.
Lot, through (double frontage), means an interior lot having frontage on two parallel or approximately parallel streets.
Marina means a facility, whether located on a waterfront or otherwise, with docks or other accommodation for in-season mooring or storage of recreational watercraft that may include attendant incidental sale of products and services, including minor mechanical repair. In the event petroleum products are to be sold or dispensed, the site shall comply with all environmental and safety regulations mandated by federal, state and/or local law or regulations and such further conditions as may be imposed by the township to promote the public health, safety and general welfare.
Mobile home means a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year round living as a single-family dwelling. Provided, however, that the term "mobile home" shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and potable water utilities.
Mobile home park means a tract of land prepared and approved according to the procedures in this chapter to accommodate mobile homes on rented or leased lots.
Mobile home subdivision means a legally platted residential subdivision accommodating mobile homes.
Motel means any establishment in which individual cabins, courts or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" shall include tourist cabins and motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel or a mobile home park.
Motor home means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit capable of being operated under its own power.
Off-street parking means a facility providing vehicular parking spaces with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of automobiles.
On-site wind energy system means a land use for generating electric power from wind and is an accessory use that is intended to primarily serve the needs of the consumer at that site.
Outdoor wood-fired hydronic heater means equipment, device or apparatus which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel products (i.e., wood, corn) to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood-fired heater or outdoor wood-fired hydronic heater.
Parking space, area, lot means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not; or as an accommodation to clients, customers, visitors or employees.
Power craft means watercraft containing a mechanical power unit as its main source of power or as a secondary or auxiliary source of power.
Private home means a private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency. The term "private home" includes a full-time foster family home, a full-time foster family group home, a group child care home or a family child care home, as follows:
Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for compensation 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 child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. The term "family child care home" does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would, according to the Internal Revenue Code of 1986, obligate the child's parent or guarding to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services.
Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 (MCL 710.21 to 710.70), are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian or legal custodian.
Foster family home means a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 (MCL 710.21 to 710.70), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.
Group child 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 child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year and which meets all of the following requirements:
(1)
Is located not closer than 1,500 feet to any of the following:
a.
Another licensed group child care home;
b.
An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 to 400.737);
c.
A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the public health code, Public Act No. 368 of 1978 (MCL 333.6101 to 333.6523); or
d.
A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.
(2)
Has appropriate fencing for the safety of the children in the group child care home as determined by the local unit of government.
(3)
Maintains the property consistent with the visible characteristics of the neighborhood.
(4)
Does not exceed 16 hours of operation during a 24-hour period. The local unit of government may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m.
(5)
Meets regulations, if any, governing signs used by a group child care home to identify itself.
(6)
Meets regulations, if any, requiring a group child care home operator to provide off-street parking accommodations for his employees.
Medical marihuana facilities and recreational marihuana establishments. As used hereafter terms shall be as defined in MCL 333.27102 and MCL 333.27953 respectively or in the absence of statutory definitions the meanings usually and customarily ascribed to them.
Public warehouse means any building available to the public, operated for gain and which is used for storage of goods, wares, merchandise and/or personal property of any kind or nature whatsoever.
Quarry means any pit, excavation or mining operation for the purpose of searching for or removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble or other non-metallic minerals in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.
Riding academy means any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
Roadside stand means a structure temporarily operated for the purpose of selling produce raised or produced primarily on the premises where situated, and its use shall not make a commercial district, nor shall its use be deemed a commercial activity.
Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone or horn. Such device shall be used to transmit and/or receive radio or electro-magnetic waves between terrestrial and/or orbital based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TV, radio and satellite microwave antennas.
Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; except however, the following which shall not be included within this definition:
(1)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations;
(2)
Legal notices, identification, information, or directional signs erected or required by governmental bodies;
(3)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
(4)
Signs directing and guiding traffic and parking to private property, but bearing no advertising matter.
Sign area means the area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of such area.
Sign, on-site, means a sign advertising a product for sale or a service to be rendered on the immediate premises where the sign is located.
Site plan review means a review by the planning commission of certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns and on adjacent land usage.
State licensed residential facilities means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et. seq.), or child care organizations act, Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer persons under 24-hour supervision or care.
Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
Street means a public or private thoroughfare which affords the principal means of access to abutting property.
Structure means anything constructed, erected or placed with a fixed location on the surface of the ground.
Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of the land division act by sections 108 and 109 (MCL 560.108 and 560.109). The term "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the land division act or the requirements of an applicable local ordinance.
Television, radio and microwave tower means a structure intended to support a source of non-ionizing electromagnetic radiation and accessory equipment related to telecommunications. Antennas and supporting structures for telecommunications devices that only receive radio frequency signals shall not be considered, such as television towers, for the purposes of this chapter.
Travel trailer means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger vehicle.
Utility grid wind energy system means a land use for generating power by use of wind at multiple tower locations in a community and includes accessory uses, such as, but not limited to, a SCADA tower, electric substation. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.
Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.
Yard, front, lake, means a lot having frontage directly upon a lake, natural, or manmade river or other artificial impoundment of water in all districts. The portion adjacent to the water shall be designated the lake front yard of the lot and shall be measured from the high-water mark for the front yard setback.
Yard, rear, means an open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building.
Yard, side, means an open, unoccupied space on the same lot with the principal building between the side line of the principal building 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, if no front yard is required, the front boundary of the side yard shall be the rear line of the lot.
Zoning act or Act means Public Act No. 110 of 2006, being Michigan zoning enabling act (MCL 125.3101 et seq.).
(Ord. of 6-9-2010, § 2.2; Ord. No. 11-01, § 1, 3-9-2011; Ord. No. 13-02, 4-10-2013; Ord. No. 16-0001, § 1, 3-9-2016; Ord. No. 18-02, Att. A, 7-11-2018; Ord. No. 18-04, § 1, 1-9-2019; Ord. No. 2020-03, § 1, 5-6-2020; Ord. No. 21-01, § 1, 10-13-2021)
Any term not defined herein shall have the meaning of common or standard use.
(Ord. of 6-9-2010, § 2.3)
The regulations established by this chapter within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare and shall not preclude the establishment of higher or more restrictive standards, or requirements for the authorization of any conditional use permit, where such higher or more restrictive standards or requirements are found necessary by the planning commission to attain the purposes of this chapter.
(Ord. of 6-9-2010, § 2.4)
(a)
Conflicting laws of a more restrictive nature are not affected or repealed by this chapter. The provisions of this chapter shall be considered as minimum. Conflicting laws of a less restrictive nature, or those conflicting in other ways than degrees of restrictiveness, are hereby repealed.
(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 6-9-2010, § 10.1)
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 included in said ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure; such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building or structure not specifically included in said ruling.
(Ord. of 6-9-2010, § 10.2)
(a)
Whenever the township board determines that a use of land or activity that was not considered for regulation at the time of adoption of the zoning ordinance is being proposed or when in the opinion of the township board, existing regulations need to be amended to better protect the health, safety and welfare of the residents, the township board is authorized to adopt a resolution placing a 12 month moratorium on such use or activity to enable the township to study the proposed use and to adopt appropriate regulations.
(b)
Moratoriums shall not be used to obstruct or impede a use that is a recognized permitted use under the provisions of the zoning ordinance.
(Ord. No. 2024-02, § 1, 2-12-2025)