This ordinance shall be known and may be cited as the "Charter Township of Canton Zoning Ordinance." Within the following text it may be referred to as the "ordinance."

A.

The purpose of this ordinance is to provide by zoning ordinance for the regulation of land development and the establishment of districts in portions of the Charter Township of Canton outside the limits of cities and villages which regulate the use of land and structures; the needs of the state's citizens, food, fiber, energy and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land; to insure that the use of the land within the township shall be situated in appropriate locations and in appropriate relationships to each other; to limit the inappropriate overcrowding of land and congestion of population, transportation systems, and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility requirements; to divide the township into districts of such number, shape and area as best suits the Charter Township of Canton; to provide for the regulation of land development and the establishment of districts, which apply only to land areas and activities which are involved in a special program to achieve specific land management objectives and avert or solve specific land use problems, including the regulation of land development and the establishment of districts in areas subject to damage from flooding or erosion, and for that purpose to divide the township into districts of a number, shape and area considered best suited to accomplish those objectives; to designate or limit the location, height, number of stories and size of dwellings, buildings and structures that may be erected or altered, including tents and trailer coaches, and specific uses for which dwellings, buildings and structures including tents and trailer coaches, may be erected or altered; to set forth the area of yards, courts and other open spaces, and the sanitary safety and protective measures which, together with other ordinances, shall be required for the dwellings, buildings and structures including tents and trailer coaches; to provide the maximum number of families which may be housed in buildings, dwellings, and structures, including tents and trailer coaches, erected or altered; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming uses therein; to provide for the interpretation and construction of the terms of this ordinance; to define terms that are used in this ordinance; to provide for a board of appeals and to define the powers of such board; to designate special uses that may be commenced only after approval by the township board and the standards and regulations for such approval; to provide for the administration of this ordinance and penalties for violation hereof, and to promote the public health, safety and welfare.

B.

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

1.

The particular shall control the general.

2.

Words used in the present tense shall include the future.

3.

Words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

4.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

5.

The masculine gender includes the feminine and neuter.

6.

All measurements shall be to the nearest integer, unless otherwise specified herein.

7.

The phrase "used for" includes "arranged for," "designed for," "intended for," "occupied for," and "maintained for."

8.

The word "building" includes the word "structure." The word "build" includes the words "erect" and "construct." A "building" or "structure" includes any part thereof.

9.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any similar entity.

10.

Whenever a word or term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meaning customarily assigned to them.

11.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:

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"And" indicates that all the connected items, conditions provisions, or events shall apply.

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"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

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"Either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

12.

Catchwords and catchlines shall in no way by their presence or absence limit or affect the meaning of this ordinance.

13.

Unless the context clearly indicates to the contrary, where an illustration accompanies any item within this ordinance, the written text shall have precedence over said illustrations.

Whenever used in this ordinance, the following words and phrases shall have the meaning ascribed to them:

Accessory use, building, or structure: A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related.

Adult day care: See Day care facilities.

Adult regulated uses: As used in this ordinance, the following definitions shall apply to adult regulated uses:

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Adult book or supply store: An establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

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Adult motion picture theater or adult live stage performing theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

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Adult outdoor motion picture theater: A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

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Group A cabaret: An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

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Specified anatomical areas: Portions of the human body defined as follows:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

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Specified sexual activities: The explicit display of one or more of the following:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Acts of human masturbation, sexual intercourse, or sodomy.

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

Alley: A dedicated public vehicular way not more than 30 feet in width which affords a secondary means of access to abutting property but is not intended for general traffic circulation or for parking, standing, or loading.

Alterations: Any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as "altered" or "reconstructed."

Animal hospital: See Clinic, veterinary.

Apartment: See Dwelling, multiple-family.

Appeal: A petition for a variance, appeal of decision, interpretation, or any other petition to the Zoning Board of Appeals, as allowed in this Ordinance and state law. See also "Variance," "Appeal of decision," and "Interpretation."

Appeal of decision: An appeal requesting a reversal, change, or modification of a decision or action by an official or body involved in the administration or enforcement of this Ordinance.

Automobile: Unless specifically indicated otherwise, "automobile" shall mean any vehicle including, by way of example, cars, trucks, sport utility vehicles, pick-up trucks, vans, motorcycles, and the like.

Automobile dealership: A building or premises used primarily for the sale of new and used automobiles.

Automobile filling station: A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may include sale of convenience items similar to a convenience grocery store and include an automobile wash, but shall not include a restaurant or other uses of a retail nature.

Automobile filling/multi-use station: A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling/multi-use stations may also include the sale of items similar to a convenience grocery store, standard restaurants, fast food and/or carry out restaurants, uses of a retail nature, an automobile wash, and/or an automobile service station.

Automobile repair garage: An enclosed building where the following services may be carried out: general repairs, engine rebuilding, reconditioning of motor vehicles; collision services, such as frame or fender straightening and repair, painting and undercoating of automobiles; and, similar repair activities.

Automobile service station: A place used for the sale of minor accessories (such as tires, batteries, mufflers, brakes, shock absorbers, window glass), quick oil change and lubrication and the servicing of and minor repair of automobiles.

Automobile wash establishment: A building or portion thereof where automobiles are washed. Such facilities shall include:

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Automatic wash: Any facility, its structures, accessory uses, or paved areas used wholly or partly to wash, clean and dry the exterior of automobiles, using conveyors to move the vehicle, or equipment that moves over or around the vehicle, or other automated equipment intended to mechanically wash such vehicles.

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Self-service wash: Any facility, its structures, accessory uses or paved areas used wholly or partly to wash, clean and dry the exterior of automobiles using handheld equipment.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

Basement: That portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average grade to the floor below is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

Bed and breakfast inn: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provisions for a morning meal for overnight guests only.

Bedroom: A room designed or used in whole or in part for sleeping purposes.

Block: The property bounded by a street or by a combination of streets and public lands, rights-of-way, rivers or streams, boundary lines of the township, or any other barrier to the continuity of development.

Boardinghouse: A building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. A roominghouse shall be deemed a boardinghouse for the purposes of this ordinance.

Border: A permanent or temporary barrier located in the front yard that is decorative in nature, not intended for screening, and exceeds neither 36 inches in height nor 25 feet in total length.

Building: Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. A building shall include tents, awnings, semitrailers, or vehicles situated on a parcel and used for the purposes of a building. A building shall not include such structures as signs, or fences, or structures not normally accessible for human occupation, such as tanks, smokestacks, grain elevators, coal bunkers, oil cracking towers, or similar structures.

Building, accessory: See Accessory use, building, or structure.

Building height: The vertical distance measured from the established grade to:

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The highest point of the coping of a flat roof;

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To the deck line of mansard roofs; or

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To the average height between the eaves and the ridge for gable, hip, and gambrel roofs.

Where a building is located on sloping terrain, the height shall be measured from the average ground level at the building wall. (See illustration.)

BUILDING HEIGHT REQUIREMENTS

Building line: A line parallel to the front lot line at the minimum required front setback line (see illustration).

BUILDING LINE

Building, principal: A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed, or intended for the shelter or enclosure of the principal use of the parcel.

Building, temporary: A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. An example of a temporary building is a trailer used on a construction site.

Bulk: The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit.

Caretaker living quarters: An independent residential dwelling unit designed for and occupied by one person who is employed to look after goods, buildings, or property on a commercial or industrial parcel on which the living quarters are located. See also Dwelling, accessory apartment.

Cemetery: Land used for the burial of the dead, including columbariums, crematories, and mausoleums.

Child care center: See Day care facilities.

Church, synagogue, temple, mosque, or similar religious facility: Any structure wherein persons regularly assemble for religious activity. Religious activity shall have the same definition as religious exercise as defined in the Religious Land Use and Institutionalized Persons Act, 42 USC 2000cc et seq.

Clinic, medical: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

Clinic, veterinary: A place for the care, diagnosis, and treatment of sick or injured animals, and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages enclosed within the walls of the clinic building.

Club or fraternal organization: An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in this ordinance.

Commercial use: The use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services, and the maintenance or operation of offices.

Commercial vehicle:

1.

All motor vehicles used for the transportation of passengers for hire, or

2.

Constructed or used for the transportation of goods, wares or merchandise, or

3.

All motor vehicles designed and used for drawing other vehicles.

Commission: The Planning Commission of the Charter Township of Canton.

Community Planner: The person authorized by the Charter Township of Canton to oversee the administration of this Ordinance. The Community Planner is also the Planning Official.

Condominium: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all of the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular dwelling unit in such building. Condominiums shall be subject to the regulations set forth in Michigan Public Act No. 59 of 1978 (MCL 559.101 et seq.), as amended.

Congregate housing: See Housing for the elderly.

Convalescent home: See Nursing home, convalescent home, or rest home.

Convenience grocery store: A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience grocery stores are designed to attract a large volume of stop-and-go traffic.

Co-op (cooperative) housing: A multiple dwelling owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.

Curb cut: The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

Day care facilities: As used in this ordinance, the following definitions shall apply to day care facilities:

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Adult day care center: A center other than a private home where one or more functionally impaired elderly persons are received for care and supervision for any part of any day, but less than 24-hour care. Overnight care shall not be provided. Nursing home, convalescent home or rest homes, or facilities defined under housing for the elderly are not included in this definition. However, such businesses may establish adult day care centers within their own facilities if such use is permitted within the district.

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Child care center: A center other than a private home where one or more children are received for care and supervision. Preschools and nurseries are included in this definition.

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Family day care home: A private home in which one to six children are received for care and supervision, including those children less than seven years old in the resident family. This number shall not include more than two children less than 12 months old.

Developable envelope: The area of a lot which is defined by the minimum setback requirements, within which building construction can occur.

Development: The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.

Distribution center: A use which typically involves both warehouse and office/administrative functions, where short- and/or long-term storage takes place in connection with the distribution operations of a wholesale or retail supply business.

District, zoning: A portion of the Township of Canton within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established.

Drive-in theater: An open air theater constructed and operated at an established location, without cover or roof, displaying motion pictures for the general public who view the screen or stage while seated in a vehicle. The term "drive-in theater" as used herein shall include the entire premises upon which such theater is constructed and operated, including parking areas and all other facilities accessory to such business.

Dwelling: Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this ordinance.

Dwelling, accessory apartment: A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by: (a) persons related to the occupant of the principal residence by blood, marriage or legal adoption, or (b) domestic servants or gratuitous guests.

Dwelling, manufactured: A building or portion of a building designed for longterm residential use and characterized by the following:

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The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended,

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The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities, and

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The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

A mobile home is a type of manufactured housing, which is defined as follows:

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Dwelling, mobile home: A structure, transportable in one or more sections, which is built upon a chassis and designed 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 systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered "mobile homes" for the purposes of this ordinance.

Dwelling, multiple-family: A building designed for and occupied by two or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows:

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Apartment: An apartment is an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.

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Efficiency unit: An efficiency unit is a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

Dwelling, one-family or single-family: An independent, detached residential dwelling designed for and used or held ready for use by one family only. Single-family dwellings are commonly the only principal use on a parcel or lot.

Dwelling, two-family or duplex: A detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each. Also known as a duplex dwelling.

Dwelling unit: One or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking, and sleeping purposes.

Dwelling unit, single-family attached or townhouse: A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are also commonly known as row houses.

Earth-sheltered home: A complete building partially below grade that is designed to conserve energy and is intended to be used as a single-family dwelling.

Easement: Any private or dedicated public way that provides a means of access to property. The term "easement" may also refer to utility easements which give public or private utility companies the right to use land for the construction and maintenance of utilities.

Enforcement official: The enforcement official is the person or persons designated by the township as being responsible for enforcing and administering requirements of this zoning ordinance. Throughout this ordinance the enforcement official may be referred to as the building official, planning official, public safety official, engineering official, or their agents. Such titles do not necessarily refer to a specific individual, but rather, indicate generally the office or department most commonly associated with the administration of the regulation being referenced.

Erected: Any physical change on a site, including construction, reconstruction, or alteration of buildings or structures thereon. Excavation, fill, drainage, and the like shall be considered part of erection.

Essential services: The term "essential services" shall mean the erection, construction, alteration or maintenance by public or quasipublic utilities or municipal departments or township-certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities. For the purpose of this regulation, radio, television and cellular towers are not considered essential services.

Excavation: The removal or movement of soil, sand, stone, gravel, or fill dirt except for common household gardening, farming, and general ground care.

Exception: Certain uses, such as essential services as defined herein, considered by the planning commission to be essential or desirable for the welfare of the community, and which are appropriate and not incompatible with the other uses in the zoning district, but not at every or any location or without conditions being imposed due to special considerations related to the character of the use.

Family: One or more persons related by blood, bonds of marriage, or legal adoption, plus up to a total of three additional persons not so related who are either domestic servants or gratuitous guests, occupying a single dwelling unit and living as a single nonprofit housekeeping unit, or

A collective number of individuals living together in one dwelling unit, whose relationship is of a continuing nontransient domestic character, and who are cooking as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for a limited duration of a school term or terms or other similar determinable period.

Family day care home: See Day care facilities.

Farm: All of the contiguous neighboring or associated land operated as a single unit which is cultivated for agricultural production by the owner-operator, manager, or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; also including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms, and apiaries. For the purposes of this ordinance, farms shall not include establishments for keeping or raising fur-bearing animals, private stables, commercial dog kennels, game fish hatcheries, piggeries, or stockyards, unless such establishments are combined with other bona fide farm operations listed above which are located on the same continuous tract of land.

A farm which is operated as a business for purposes of agricultural production is distinguished from a collection of farm buildings and animals that is operated for educational, demonstration, or recreational purposes. Such quasi-farm operations may be known as "petting zoos" or "model farm" or "interpretative farm."

Farm buildings: Any building or structure other than a dwelling, which is constructed, maintained, and used on a farm, and which is essential and customarily used for the agricultural operations carried on that type of farm.

Feedlot: A feedlot shall include any of the following facilities: (1) any tract of land or structure wherein any type of fowl or the byproducts thereof are raised for sale at wholesale or retail; (2) any structure, pen, or corral wherein cattle, horses, sheep, goats, or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Fence: A fence is a permanent or temporary barrier enclosing or bordering a parcel of land or portion thereof composed of suitable manmade materials for the purpose of preventing or controlling entrance or to confine within or to mark boundary. Underground electric or electronic equipment installed for the purpose of pet containment is not classified as a "fence."

Fence, decorative: An open or semi-open fence, ornamental in nature, not intended to provide screening. Examples of decorative fence include, but are not limited to, split rail fence, wrought iron fence, and picket fence with at least 50 percent of the area of its vertical plane open to light and air from both sides. Decorative fence does not include chain link fence, wire-woven fence, mesh-like fence, cyclone fence, and cattle/hog panel fence or fences of similar wire-welded appearance.

Decorative Fence Examples

Fill, filling: The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

Floodplain: Any land area susceptible to being inundated by floodwaters when high amounts of precipitation are experienced or natural cyclic conditions raise the water levels. Determinants of a floodplain are as follows:

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That area which typically is adjacent to a river, stream, or other body of water, and is designated as subject to flooding from the 100-year base flood indicated on the "flood boundary and floodway map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the township offices.

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Principal estuary courses of wetland areas that are part of the river flow system.

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Contiguous areas paralleling a river, stream, or other body of water that exhibit unstable soil conditions for development.

Floodway: The channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge floodwaters without cumulatively increasing the water surface elevation more than one foot. As used in this ordinance, "floodway" refers to that area designated as a floodway on the "flood boundary and floodway map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the township offices.

Floor area, gross: The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Floor area, net: See Floor area, usable residential and Floor area, usable nonresidential.

Floor area, usable commercial, office and similar nonresidential uses: The sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which is used for or intended to be used for the storage or processing of merchandise or for the location of utilities and which is not accessible to customers shall be excluded from the computation of usable floor area.

FLOOR AREA OF NONRESIDENTIAL BUILDINGS

Floor area, usable industrial: The sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas occupied by employees to carry out the industrial operations. Floor area which is occupied by large pieces of machinery (such as a metal stamping machine) which is not accessible to employees shall be excluded from the computation of usable floor area.

Floor area, usable residential: The gross floor area minus areas in basements, unfinished attics, attached garages, and enclosed or unenclosed porches.

Foster care home: See State-licensed residential facility.

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

Fraternal organization: See Club.

Garage, entrance in single-family residential districts:

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Courted: A garage whose vehicular entrance faces the far side lot line.

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Front facing: A garage whose vehicular entrance faces the front lot line.

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Rear facing: A garage whose vehicular entrance faces the rear lot line.

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Side facing: A garage whose vehicular entrance faces the near side lot line.

Garage, private: An accessory building for parking or storage of motor vehicles owned and used by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

Garage, public: See Automobile or vehicle repair garage.

Golf course or country club: The premises upon which the game of golf is played, including clubhouses, parking lots, swimming pools, tennis courts, or other facilities or uses customarily incidental to a golf course or country club. See also Par-3 golf course.

Grade: The term "grade" shall mean the ground elevation established for the purpose of regulating the number of stories or height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

Guesthouse: An accessory building intended for temporary or periodic use as an auxiliary sleeping facility, but which does not have kitchen facilities, and is not intended to be used as a permanent residence. See also definitions for Bed and breakfast inn and Boardinghouse.

Gym or gymnasium: A room or building equipped for gymnastics, exercise or sports.

Height of building: See Building height.

Height of border, fence, or wall: Height of a border, fence or wall shall be measured from the approved or natural ground level closest to the border, fence, or wall of the lot or parcel thereon to the highest point (furthest point vertical from the ground) of the border, fence, or support.

Highway: A public thoroughfare or street, except alleys, but including federal, interstate, state, and county roads, including those appearing on plats recorded in the office of the register of deeds and accepted for public maintenance.

Home occupation: An occupation or profession conducted entirely within a dwelling by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, and where such use does not:

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Change the character or appearance of the residence,

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Does not result in any sales of commodities or goods on the premises, and

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Does not require equipment other than what would commonly be found on residential premises.

Hospital: An institution which is licensed by the Michigan Department of Health to provide inpatient and outpatient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

Hotel: See Motel/hotel.

Housing for the elderly: A building or group of buildings containing dwellings intended to be occupied by elderly persons as defined by the federal Fair Housing Act, as amended. Housing for the elderly may include independent and/or assisted living arrangements but shall not include convalescent or home for the aged facilities regulated by the State of Michigan. Independent and assisted living housing for elderly are defined as follows:

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Assisted living for the elderly: Housing that provides 24-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include daily personal care, meals, transportation, security and housekeeping.

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Independent living for the elderly: Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as meals, linkage to health care, transportation, security, housekeeping and recreational and social activities.

Ice cream parlor: A retail establishment whose business is limited to the sale of ice cream, frozen desserts, dessert items, candies and confections, and beverages in a ready-to-eat state. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ice cream parlors for the purposes of this ordinance.

Indoor recreation center: An establishment which provides indoor exercise facilities and indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. For the purposes of this ordinance, a bowling establishment shall be considered a type of indoor recreation center.

Ingress and egress: As used in this ordinance, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

Interpretation: An appeal requesting clarification of the text of this Ordinance where the meaning is unclear or of the zoning map where the actual zoning district boundary is unclear.

Junk: Any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

Junkyard: An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.

Kennel: Any lot or premises on which more than a total of five dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, subject to the regulations set forth herein regulating private and commercial kennels. This definition includes any facility with outdoors runs, but shall not apply to indoor pet boarding facilities, as defined below:

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Pet boarding facility (indoor): A building or structure located on any lot or parcel of land which is approved for the use of indoor boarding of dogs and cats pursuant to the requirements of chapter 14. Pet boarding facilities shall include pet day care facilities without outdoor runs.

Landscaping: The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative manmade materials, such as wood chips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:

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Berm: A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this ordinance.

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Grass: Any of a family of plants with narrow leaves normally grown as permanent lawns in Wayne County, Michigan.

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Greenbelt: A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this ordinance.

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Ground cover: Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

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Hedge: A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.

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Interior landscaping area: A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

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Nurse grass: Any of a variety of rapidly growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.

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Screen or screening: A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such materials shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

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Shrub: A self-supporting deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.

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Sod: An area of grass-covered surface soil held together by matted roots. Types of sod are defined as follows:

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Mineral sod: A piece from the surface of grassland containing the grass, support soil, and the healthy roots, extracted with the intention of replanting in another area for the purpose of establishing lawn areas. The sod is grown on mineral soil, commonly referred to as "topsoil," and must be a minimum of two years old. The grasses permitted for use in sod for landscaped lawns should be a blend that reflects the current standards in the industry and has been demonstrated to prosper under local conditions.

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Peat sod: A piece from the surface of grassland containing the grass, support soil, and the healthy roots, extracted with the intention of replanting in another area for the purpose of establishing lawn areas. The sod is grown on peat and must be a minimum of two years old. The grasses permitted for use in sod for landscaped lawns should be a blend that reflects current standards in the industry and has been demonstrated to prosper under local conditions.

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Tree: A self-supporting woody, deciduous or evergreen plant with a well-defined central stem which normally grows to a mature height of 15 feet or more in Wayne County, Michigan. Types of trees are defined as follows:

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Deciduous tree: A variety of tree that has foliage that is shed at the end of the growing season.

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Evergreen tree: A variety of tree that has foliage that persists and remains green throughout the year.

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Ornamental tree: A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of about 25 feet or less.

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Shade tree: For the purposes of this ordinance, a shade tree is a deciduous tree which is has [sic] a mature crown spread of 15 feet or greater in Wayne County, Michigan, and having a trunk with at least five feet of clear stem at maturity.

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Vine: A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.

Licensed massage establishment means as defined and regulated in Ordinance No. 100, "Massage Establishment and Massage Technician Licensing", as amended (now chapter 18, article III).

Light assembly: Establishments engaged in the manufacture of products for final use or consumption. This involves secondary processing, fabrication, or assembly of semi-finished products from a primary manufacturing industry.

Livestock: Horses, cattle, sheep, goats, and other domestic animals normally kept or raised on a farm.

Loading space, off-street: An off-street space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

Lot (or zoning lot or parcel): For the purposes of enforcing this ordinance, a lot is defined as a piece of land under single ownership and control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, and open space as required herein. A lot shall have frontage on a dedicated roadway or, if permitted by the regulations set forth herein, on a private road. A lot may consist of:

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A single lot of record,

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A portion of a lot of record,

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A combination of complete lots of record, or portion thereof, or

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A piece of land described by metes and bounds.

Lot area, gross: The net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.

Lot area, net: The total horizontal area within the lot lines of the lot, exclusive of any private road easement or abutting area within the ultimate right-of-way as described in the Wayne County master right-of-way plan.

Lot, corner: A lot of which at least two adjacent sides abut their full length upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than 135 degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner. See illustration.)

Lot coverage: The part or percent of the lot that is occupied by buildings or structures.

Lot depth: The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

Lot, double frontage: A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street shall be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front (see illustration).

Lot, interior: Any lot other than a corner lot with only one lot line fronting on a street.

Lot lines: The lines bounding a lot as follows (see illustration):

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Lot line; front lot line: In the case of a lot not located on a corner, the line separating said lot from the street right-of-way. In the case of a corner lot or double frontage lot, the "primary front lot line" shall be that line that separates said lot from that street which is designated as the front street on the plat, or which is designated as the front street on the site plan review application or request for a building permit; the "non-primary front lot line" is referred to as a "side street line."

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Lot line; rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of corner lots, the rear lot line shall be the lot line which is opposite and most distant from the primary front lot line. In the case of lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front lot line and wholly within the lot.

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Lot line; side lot line: Any lot line other than the front or rear lot lines. A lot line separating a lot from a street is a front lot line, but may be a "primary front lot line" or "side street line" pursuant to the definition of "front lot line." A side lot line separating a lot from another lot or lots is an interior side lot line.

YARD TERMS

LOT WIDTH AND SETBACKS

INTERIOR AND CORNER LOTS

Lot of record: A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Wayne County Register of Deeds and township treasurer, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a land surveyor registered and licensed in the State of Michigan and likewise so recorded with the Wayne County Register of Deeds and township treasurer.

Lot split and consolidation: The dividing or uniting of lots of record by virtue of changes in the deeds in the office of the Wayne County Register of Deeds and township treasurer.

Lot width: The straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see illustration).

Main access drive: Any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.

Master land use plan: The master land use plan is a document which is prepared under the guidance of the planning commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the township.

Mezzanine: An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.

Miniwarehouse: A building or group of buildings within, each of which consists of several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Miniwarehouses are typically contained within a fenced, controlled access compound.

Mobile home: See Dwelling, mobile home.

Mobile home lot: An area within a mobile home park which is designated for the exclusive use of a specific mobile home.

Mobile home park: A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational 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 park, subject to conditions set forth in the Mobile Home Commission Rules and Michigan Public Act No. 419 of 1976 [repealed—see now Public Act No. 96 of 1987 (MCL 125.2301 et seq.)], as amended.

Motel/hotel: A building or group of buildings consisting of rooms with a minimum of a bedroom and bath, providing temporary lodging and customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture.

Natural features: Natural features shall include soils, wetlands, floodplains, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

Nonconforming building or structure: A building, structure, or portion thereof that was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the provisions of the ordinance in the zoning district in which it is located.

Nonconforming lot: A lot which was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the lot size, lot width, or other regulations pertaining to lots in the zoning district in which it is located.

Nonconforming use: A use which was lawfully in existence at the effective date of this ordinance, or amendments thereto, and which does not now conform to the use regulations of the zoning district in which it is now located.

Nuisance: Any offensive, annoying, or disturbing practice or object, which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violates the laws of decency, obstructs reasonable and comfortable use of property, or endangers life and health.

Nursery, day nursery, nursery school: See Day care facility.

Nursery, plant material: A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

Nursing home, convalescent home, or rest home: A home for the care of the aged, infirmed, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Act No. 139 of 1956 [now repealed—see now MCL 333.21701 et seq.], as amended.

Occupancy, change of: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution of a use of a different kind or class, or, the expansion of a use.

Occupied: Used in any way at the time in question.

Open air business: Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open air business shall include:

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Retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

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Roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.

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Various outdoor recreation uses, including but not limited to: tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and children's amusement parks.

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

Open space: That part of a zoning lot, including courts and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.

Outlot: A parcel of land which is designated as an "outlot" on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.

Par-3 golf course: A golf course consisting of shortened fairways, typically no longer than 200 yards. Eighteen-hole par-3 golf courses typically occupy 50 to 60 acres.

Parcel: See Lot.

Parking lot, off-street: An area on private property which provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than four vehicles.

Parking space: An area of definite length and width designated for parking an automobile or other vehicle, and which is fully accessible for such purposes.

Person: An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

Personal fitness center: A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, "personal fitness center" shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.

Pet: A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other animal that is commonly available and is kept for pleasure or companionship.

Planned development: A planned development may include such concepts as, planned unit development, community unit development, planned residential development, and other terminology denoting special zoning requirements and review procedures. These requirements and procedures are intended to provide design and regulatory flexibility, so as to accomplish the objectives of this ordinance using innovative and effective planning approaches.

Planned shopping center: A grouping of retail and service uses on a single site with common parking facilities.

Planning commission: The Planning Commission of the Charter Township of Canton.

Principal use: See Use, principal.

Private road: A street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon.

Property line: The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also Lot line.

Public utility: Any person, firm, corporation, municipal department, or board, duly authorized to furnish to the public under government regulations any of the following: electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.

Recognizable and substantial benefit: A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: longterm protection or preservation of natural resources and natural features, historical features, or architectural features; or, elimination of or reduction in the degree of nonconformity of a nonconforming use or structure.

Recreational land: Any public or privately owned lot or land that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.

Recreational vehicle: "Recreational vehicles" shall include the following:

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Boats and boat trailers: "Boats" and "boat trailers" shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

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Folding tent trailer: A canvas folding structure, mounted on wheels and designed for travel and vacation use.

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Motor home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

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Other recreational equipment: Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.

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Pickup camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

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Travel trailer: A portable vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

Restaurant: A restaurant is 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 carryout, drive-in, drive-through, fast food, standard restaurant, or bar/lounge, or combination thereof, as defined below.

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Bar/lounge: A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

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Restaurant, carryout: A carryout restaurant is a restaurant whose method of operation involves sale of food, beverages, and/or frozen deserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

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Restaurant, drive-in: A drive-in restaurant is 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.

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

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Restaurant, fast food: A fast food restaurant is a restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.

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Restaurant, standard: A standard restaurant is a restaurant whose method of operation involves either:

1.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or

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The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

Right-of-way: The strip of land over which an easement exists to allow facilities such as roads, highways, and power lines to be built.

Roadside stand: A temporary or permanent building operated for the purpose of seasonally selling agricultural products, a portion of which are raised or produced on the same premises by the proprietor of the stand.

Seasonal sales permit: A temporary use permit reviewed and approved by the planning commission which allows sales of seasonal merchandise in temporary structures for defined periods of time.

Secondary access drive: Any private street that is generally parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

Semitrailer: A trailer, which may be enclosed or not enclosed, exceeding 18 feet in length, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

Service truck: A pickup truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

Setback: The distance between a front, side or rear lot line and the nearest supporting member of a structure on the lot. The minimum required setback is the minimum distance between a front, side or rear lot line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this ordinance (see definition of Yard).

Sign: A sign is the use of any words, numerals, figures, devices, designs, trademarks, or combination thereof, visible to the general public and designed to inform or attract the attention of persons not on the premises on which the sign is located. Various types of signs and sign-related terms are defined in the adopted sign ordinance of the Charter Township of Canton [chapter 102 of the Township Code], which also contains regulations controlling the placement, size, construction, and maintenance of signs.

Site plan: A plan showing all salient features of a proposed development, as required in article 27.00, so that it may be evaluated to determine whether it meets the provisions of this ordinance.

Site improvements: Elements shown on the approved site plan, including but not limited to parking lots, underground utilities, stormwater detention systems, lighting, landscaping, sidewalks, curbing, benches, fountains, public art, raised planters, retaining walls, obscuring walls or fences, clock towers, boardwalks, or gazebos.

Smoking lounge: Smoking lounge shall mean an establishment, which has a state issued smoking ban exemption certificate, and that allows smoking of tobacco products or non-tobacco products or substances on the premises. The term "smoking lounge" includes, but is not limited to, facilities commonly described as tobacco retail specialty stores, cigar bars and lounges, hookah bars, cafés and lounges, tobacco bars and lounges, tobacco clubs or zero percent nicotine establishments.

Special event: A special event is a temporary use/event that is sponsored and/or conducted by a person, entity, corporation or organization, and shall include any event that significantly impacts the community due to one, or more, of the following conditions: duration, attendance, number and type of temporary structures, impairment to vehicular and/or pedestrian traffic, impairment to parking, or hindrance in use of the public right-of-way.

Special land use: Special land uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district or districts. After due consideration of the impact of each such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land uses may be permitted following review and recommendation by the planning commission and approval or conditional approval by the township board, subject to the terms of this ordinance.

Stable, private: A private stable is an enclosed building intended for the keeping of horses or other large domestic animals, for the noncommercial use of the residents of the principal residential use on the site.

Stable, public: A public stable is an enclosed building for housing for the keeping of horses or other large domestic animals, in which any such animals are kept for remuneration, hire, or sale.

State-licensed residential facility: Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act No. 287 of 1972 [repealed], Public Act No. 116 of 1973 (MCL 722.111 et seq.), or Public Act No. 218 of 1979 (MCL 722.111 et seq.). These acts provide for the following types of residential structures:

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Adult foster care facility: A residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Public Act No. 218 of 1979 (MCL 722.111 et seq.), as amended, and the adult foster care administrative rules as administered by the Michigan Department of Social Services. The following four types of adult foster care homes are provided for by these rules:

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Adult foster care large group home: Residence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.

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Adult foster care small group home: Residence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the house.

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Congregate facility: Residence for more than 20 adults.

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Family home: Residence for six or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.

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Foster family group home: A private residence that houses five or six foster children, up to age 19, under constant care and supervision. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), a foster family group home requires local zoning approval before being licensed by the department of social services.

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Foster family home: A private residence that houses four or fewer foster children, up to age 19, under constant care and supervision. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), a foster family home does not require local zoning approval before being licensed by the department of social services.

Story: That portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it.

A mezzanine shall be deemed a full story when it covers more than one-third of the area of the story underneath said mezzanine, or, if the vertical distance from the floor next below the mezzanine to the floor next above it is 24 feet or more.

A basement shall be deemed a full story when the vertical distance from the average grade at the lot where the structure is located, to the floor below is less than the vertical distance from the average grade to the ceiling (see illustration). However, in the event that a basement does qualify as a story, only 50 percent of the floor area of this story may qualify in computing minimum floor area for a zoning district.

BASEMENT AND STORY

BASIC STRUCTURAL TERMS

Story, half: The uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 160 square feet with a minimum clear height of seven feet six inches.

Street: A public or private thoroughfare intended primarily to provide vehicular circulation and access to abutting property. Various types of streets are defined as follows:

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Arterial street: A major street that carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the township.

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Collector street: A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but may also provide direct access to abutting properties.

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Cul-de-sac: A street that terminates in a vehicular turnaround.

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Local or minor street: A street whose sole function is to provide access to abutting properties.

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Private street or road: A street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon.

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Subcollector street: A street whose principal function is to provide access to abutting properties but is designed to be used or is used to connect minor and local streets with collector or arterial streets.

Street line: A dividing line between the street and a lot, also known as the right-of-way line.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennas, swimming pools, and signs.

Subdivision plat: The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act No. 288 of 1967 [MCL 560.101 et seq.], as amended, and the Canton Township Subdivision Control Act, Ordinance No. 79, as amended.

Editor's note— The current subdivision regulations of the township, as enacted by Ord. No. 126, as amended, are set forth in ch. 110 of the Township Code.

Theater: A building, room, or outdoor structure for the presentation of performances or motion pictures. For the purposes of this ordinance, the following distinctions between various types of theaters shall apply:

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Live theater: The performance of dramatic literature by live actors or performers.

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Motion picture theater: An enclosed building used for presenting motion pictures which are observed by paying patrons from seats situated within the building.

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Outdoor theater: A site on which a motion picture screen is constructed for presenting motion pictures which are observed by paying patrons from their own cars situated on the site.

Thoroughfare, major: A major thoroughfare consists of the following thoroughfares: Ann Arbor Road; Beck Road; Belleville Road; Canton Center Road; Cherry Hill Road; Denton Road; Ford Road; Geddes Road; Haggerty Road; Hannan Road; Joy Road; Lilley Road; Lotz Road; Michigan Avenue; Morton Taylor Road; Napier Road; Old Canton Center Road; Old Haggerty Road; Palmer Road; Ridge Road; Sheldon Road; Sheldon Center Road; Van Born Road; and Warren Road.

Township: The Charter Township of Canton, Wayne County, Michigan.

Township board: The Board of Trustees of the Charter Township of Canton, Wayne County, Michigan.

Toxic or hazardous waste: Waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

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An increase in mortality, or

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An increase in serious irreversible illness, or

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Serious incapacitating, but reversible illness, or

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Substantial present or potential hazard to human health or the environment.

Truck terminal: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

Use: The purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

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Use, accessory: See Accessory use, building, or structure.

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Use, permitted: A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

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Use, principal: The principal use is the main use of land and buildings and the main purpose for which land and buildings exist.

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Use, special land: See Special land use.

Utility trailer: A small trailer that is designed to be pulled by an automobile, van, or pickup truck.

Variance: A modification of the literal standards or provisions of this Ordinance granted by the Zoning Board of Appeals. The following words and phrases associated with variances shall have the meanings defined below.

Developmental-standard variance: Permission to depart from the strict application of a developmental standard of this Ordinance, such as setback, height, lot width, or lot area. Also known as a non-use variance or dimensional variance.

Practical difficulty: Special or unique conditions that are peculiar to a lot that cause compliance with the standards and provisions of this Ordinance to deprive the property owner of substantial rights similar to those enjoyed by other properties in the same zoning district. Economic, personal, or financial hardship alone does not constitute a practical difficulty. Additionally, inconvenience, aesthetic considerations, personal preferences, or neighbor's opinions are not considered a practical difficulty.

Use variance: Permission to conduct a use within a zoning district that is not permitted in that zoning district as a principal use, special land use, or accessory use in this Ordinance.

Vehicle wash establishment: See Automobile wash.

Veterinary hospital: See Clinic, veterinary.

Wall: A barrier constructed of masonry or other solid materials on a continuous concrete footing for the purpose of controlling entrance, sound, and/or view.

Warehouse: A building used for short- and/or long-term storage in connection with production and marketing or in connection with manufacturing, freight handling, and retailing. See also Distribution center.

Warehouse retail outlet: A commercial/warehouse facility that sells to member groups on a retail basis.

Wholesale auto auction facility: A business intended for the sale and distribution of automobiles specifically to licensed automobile dealers by auction. This use may include accessory uses such as repair, refurbishing and wash facilities for the subject automobiles on the premises.

Wholesale sales: On-premise sales of goods primarily to customers engaged in the business of reselling the goods.

Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this ordinance. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this ordinance (see illustration).

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Yard, front: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the principal building. Unless otherwise specified, on corner lots there shall be maintained a front yard along each street frontage.

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Yard, rear: An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.

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Yard, side: An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.

Zero lot line development: A development approach in which a building is sited on one or more lot lines with no yard.

Zoning Board of Appeals: The Charter Township of Canton Zoning Board of Appeals.

(Ord. of 1-23-2003; Ord. of 9-4-2003; Ord. of 5-25-2004; Res. of 6-12-2008; Amend. of 10-20-2009; Ord. of 4-9-2013, § 1; Ord. of 2-10-2015, §, 1; Ord. of 4-12-2016, § 1; Ord. of 3-18-2024(1); Ord. of 6-11-2024(1))