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

(1)

The term "structure" includes the word "building."

(2)

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

(3)

The term "sales" includes the concepts of "rental," "leasing," or similar transactions.

(4)

Words, which are capitalized, when they are not the first word of a sentence, are used with the meaning given them by this chapter, but any word or term not herein defined shall be given a meaning of common standard use.

(5)

In case of any difference of meaning and implication between the text of this chapter and any caption, preamble or illustration, the text shall control.

(6)

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

(7)

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

(8)

The term "lot" includes the word "plot," "tract," or "parcel."

(9)

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

(10)

The phrase "used for" may include "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(11)

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

(12)

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

a.

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

b.

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

c.

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

(13)

Any word or term not herein defined shall be used with a meaning of common standard use.

(Ord. of 5-30-2000, § 201)

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

Accessory building or structure means a building or structure, which is, clearly incidental to, customarily found in connection with, and located on a contiguous parcel as the occupied principal use to which it is related. See also "principal building", "principal use".

Accessory use means any accessory use includes a building or structure and is a use clearly incidental to, customarily found in connection with, and located on contiguous parcel as the principal use to which it is related.

Activity. See the term "use."

Adult entertainment activity. See the term "Sexually Oriented Business."

Adult foster care. See "state licensed residential facility."

Alley means any dedicated public way other than a street which provides only a secondary means of access to abutting property and is not intended for general traffic circulation.

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

Animal means a nonhuman

(1)

Type I animal. A domesticated household pet.

(2)

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

a.

Bovine and like animals, such as a cow.

b.

Equine and like animals, such as horse.

c.

Swine and like animals, such as the pig or hog.

d.

Ovis (Ovine) and like animals such as the sheep and goat.

e.

Other animals similar to those listed in subsections (2) a. to d. of this definition weighing in excess of 75 pounds, and not otherwise specifically classified herein.

(3)

Type III animal. Rabbits (which are not maintained or kept as domesticated household pets); animals considered as poultry, animals considered as wild fowl.

(4)

Type IV animal. Any animal that is wild by nature and not customarily domesticated, or an animal so designated by Saginaw County or Carrollton Township.

Animal, wild and ferocious, means any animal that displays dangerous behavior, or is kept or provoked by his owner to behave in such a way. The determination of whether an animal or creature of any kind is wild or ferocious will be at the discretion of the county animal control department.

Animated sign means any sign which uses moving patterns of light or change in lighting to depict action or motion or to create a special effect or scene.

Antenna array means an antenna array is one or more rods, panels, discs or similar devices used for the transmission and reception of radio frequency signals, which may include omni-directed antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure defined below.

Apiary means a place where bees are kept for production of honey. Bee keeping is a form of specialized farming.

Appurtenances (structural) means the visible, functional, or ornamental objects accessory to and part of buildings.

Attached wireless communication facility (attached WCF) means an attached WCF is an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside the attachment structure.

Automobile/car wash, automatic means an establishment being housed in a building or portion hereof, together with the necessary mechanical equipment used for washing automobiles and using production line methods.

Automobile/car wash, self-service means an establishment being housed in a building, or portion thereof, together with the necessary equipment used for the washing of a single vehicle per stall by a nonemployee individual. This use specifically prohibits establishments using production line methods including automatic brushes or cloths and drying blowers.

Automobile detailing and restoration means an establishment being housed in a building, or portion thereof, together with the necessary equipment used for the installation of nonessential accessories such as, but not limited to, detail striping, luggage racks, ladders and similar items, and cleaning of interior and/or exterior parts.

Automobile repair shop means an establishment being housed in a building or portion thereof together with the necessary equipment used for the general repair of automobiles, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service and painting or undercoating of automobiles.

Automobile service station means an establishment being housed in a building or portion thereof, together with the necessary equipment used for the direct retail sale of gasoline or any other engine fuel, kerosene, or motor oil and lubricants or grease and including the sale of minor accessories, and the servicing of and minor repair of automobiles.

Bank. See the term "financial business."

Base area means the area, in square feet, of a nonconforming use as of the effective date of the ordinance from which this chapter is derived.

Base flood elevation means the expected elevation for the 100-year flood at a particular location, depicted on the Federal Emergency Management Agency's Flood Insurance Rate Map for Carrollton Township.

Basement means a story having part but not more than one-half of its height above finished grade. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet. If a basement is considered a story by Michigan Building Construction Code then it's considered a story for zoning code.

Berm means a manmade, formed earthen mound of definite height and width used for obscuring purposes.

Block means the property abutting one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and physical barrier such as a railroad, right-of-way, park, river channel or unsubdivided acreage.

Boardinghouse. See the term "roominghouse."

Boat launch means a structure and parcel on which boats are put into or taken out of water.

Buffer-yard and/or buffer-zone means a strip of land, including any specific type and amount of planting or structures which may be required to minimize or eliminate conflicts between different types of land uses.

Building means any structure erected on site, a mobile home or modular structure, a premanufactured or pre-cut structure, above or below ground, intended primarily for the shelter, support, or enclosure of persons, animals, or property of any kind. See also "front line of building," "height of building," "and principal building."

Building, front line of, means the line that coincides with the face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches but does not include steps. Said line shall be parallel to the front lot line and measured as a straight line between the intersecting points with the side yard.

Building, height of, means the vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. See illustrations at the end of this article.

Building lines means a line defining the minimum front, side or rear yard requirements outside of which no building or structure may be located.

Building, principal, means a building in which is conducted the main or principal use of the lot on which it is located.

Building setback line means a line established herein from which required yards are measured.

Building supply yard means a business, which may sell any type of material for use in the construction, maintenance or repair of buildings. It is distinguished by the outdoor storage of products, which will not deteriorate as a result of exposure to the elements. A business selling lumber, which stores any material outdoors, is a building supply yard, not a lumber yard.

Bulk station means a place where crude petroleum, gasoline, naphtha, benzene, benzol, kerosene, or any other liquid, except such as will stand a test of 150 degrees Fahrenheit, closed cup tester, are stored for wholesale purposes only, where the aggregate capacity of all storage tanks is more than 6,000 gallons.

Business when used to determine the number of freestanding signs permitted on parcels, a business is any nonresidential occupant of separately secured space in a building, having been issued its own employer identification number by the state, which may reasonably be expected to open said space to the public during two or more days of a typical week.

Business services means an establishment which provides services to other businesses as their primary clientele, and may involve some outside storage of equipment or vehicles, but not of inventory. Business services include, but are not limited to, employee training, audio or visual communication media (including broadcast antennas), sign production and installation, equipment rental or repair, building maintenance, and self service storage.

Campground. See the term "Recreational vehicle park."

Carwash, automatic, means an establishment being housed in a building or portion hereof, together with the necessary mechanical equipment used for washing automobiles and using production line methods.

Carwash, self-service, means an establishment being housed in a building, or portion thereof, together with the necessary equipment used for the washing of a single vehicle per stall by a nonemployee individual. This use specifically prohibits establishments using production line methods including automatic brushes or cloths and drying blowers.

Clear vision area means an area unobstructed by accessory structures or plantings within 30 feet of any public street right-of-way for a sight distance of 100 feet along the near edge of the pavement in either direction.

Clinic means an establishment where human patients who are not lodged over night are admitted for examination and treatment by a group of physicians, dentists or similar professionals.

Club means an organization catering exclusively to members and their guests, or premises and buildings for recreational, artistic, political, or social purposes, which are not conducted primarily for gain and which do not provide merchandise, vending, or commercial activities; except as required incidentally for the membership and purpose of such club.

Collocation site/sharing means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

Commercial recreation, indoor means a recreation facility operated as a business and open to the public for a fee, entirely within a building, including, but not limited to: arcades, art galleries, bowling alleys, athletic or health clubs, gymnasiums, museums, performance theaters, swimming pools, ice skating rinks, billiard halls, motorized cart tracks, comedy clubs and nightclubs.

Commercial school means a private educational facility generally operated for profit and offering instruction in art, business, music, dance, trades, sports, continuing professional education or other subjects.

Commercial vehicle or trailer means any wheeled vehicle that is either available for hire or used as part of or in connection with a nonagricultural business or industry.

Common land means a parcel or parcels of land together with the improvements thereon, the use, maintenance, and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

Communication tower means a facility for the provision of communication, as defined by the Telecommunications Act.

Condominium means a condominium is a system of separate ownership of individual units in multi-unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee interest and in the spaces and building parts used in common by all the unit owners. For the purposes of these zoning regulations, condominium terms shall be defined as follows:

(1)

Condominium Act: Shall mean Public Act 59 of 1978, as amended.

Convalescent or nursing home means a building wherein infirm or incapacitated persons are furnished shelter, care, food, lodging and needed attention for a compensation.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off site consumption.

Courts means open unoccupied spaces other than yards on the same lot with a building.

(1)

Court, inner, means an open, unoccupied space not extending to the street or front or rear yard.

(2)

Court, outer, means an open, unoccupied space opening upon a street, alley, yard or setback.

Coverage, lot, means that percent of the plot or lot covered by the building area.

Cul-de-sac means a street with only one outlet having sufficient space at the closed end to provide vehicular turning area.

Day nursery means a facility wherein care is provided for children not related to the owner or resident during part of each day in exchange for compensation. Said facility may require a license under state law.

Degree of nonconformance means a measure of a property's relative lack of conformance, to be computed using whichever of the following standards applies:

(1)

Area means the square footage by which a building varies from the maximum or minimum area or parcel coverage specified for its zoning district, or by which a parcel varies from the minimum area for its zoning district.

(2)

Parking means the number of parking spaces which a parcel lacks to conform with the requirements of article VI this chapter, general off-street parking regulations and the table of off-street parking requirements.

(3)

Setback means the square footage of a building, which overlaps a required setback area.

(4)

Width or depth means the distance, in feet, by which the width or depth of a parcel varies from the minimum or maximum dimension for its zoning district.

Development standards for wireless communication facilities, as used herein, means those standards set forth in section 66-203.

District means any section within the community for which the regulations contained within this chapter are the same.

District regulations means regulations for properties within each zoning district, found in article III of this chapter.

Domestic unit, as herein defined, means a domestic unit shall be given the same rights and privileges and shall have the same duties and responsibilities as a family, as defined herein for purposes of construing and interpreting this chapter. Domestic unit shall mean a collective number of individuals living together in one dwelling unit whose relationship is of a regular and permanent nature and having a distinct domestic character or a demonstrable and recognizable bond where each party is responsible for the basic material needs of the other and all are living and cooking as a single housekeeping unit.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a drive-way approach or parking space for motor vehicles so as to serve patrons while in the motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive-in service.

Drive-thru means a business establishment so developed that its retail or service character is dependent on providing pick-up, drive-up window, delivery to the vehicle or other service while receiving or delivering goods or services. Such uses may include, but are not limited to, the following: financial institutions, fast food establishments, dry cleaners and convenience stores. It does not include car washes.

Dwelling means a building or mobile home, or portion of a building, intended as living quarters for one family, including separate cooking and bathroom facilities. See also "dwelling unit" and "dwelling types."

Dwelling types, for the purpose of this chapter, means dwellings are separated into the following categories and herewith defined accordingly:

(1)

Single-family, mobile, modular or premanufactured dwelling means a detached, residential dwelling unit designed for and occupied by one family on a residential lot.

(2)

Single-family, mobile home dwelling means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at a licensed mobile home park as established by this chapter and state laws where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

(3)

Two-family dwelling means a detached residential building containing two dwelling units, designed for occupancy by not more than two families. These may also be known as duplexes.

(4)

Multiple-family dwelling structure means a residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

(5)

An apartment means a suite of rooms or a room in a multifamily building or above a business arranged and intended for a place of residence for a single-family or group of individuals living together as a single housekeeping unit.

Dwelling unit means one or more rooms including a single kitchen in a dwelling designed for occupancy for one-family for living and sleeping purposes.

Electrical plant means any plant, equipment, transformer, switchgear, apparatus, and appliances used for the purpose of generating, transmitting, and distributing electricity, and includes any building or structure required to accommodate any of the same but does not include any electrical fittings.

Electrical or plumbing supply means a business emphasizing the sale of items to be used for construction or repair of the plumbing, heating, air conditioning or electrical systems of buildings. Such businesses differ from "building supply yards" in that all material is stored or displayed inside the principal building or fully enclosed accessory structures.

Electronic message board means a video terminal or electronic changeable copy sign in which the copy consists of an array of lights activated and deactivated simultaneously. Electronic message boards do not include animated signs.

Equipment facility means an equipment facility is any structure used to contain ancillary equipment for a WCF, which includes cabinets, shelters, and expansion of an existing structure, pedestals, and other similar structures.

Essential services means the erection, construction, alteration or maintenance of underground, surface or overhead electrical, gas, water transmission and sewage and stormwater collection systems, including the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.

Family.

(1)

The term "family" means:

a.

One person, two unrelated persons;

b.

Not more than six foster care adults living in a single dwelling unit. This provision is subject to Public Act 218 of 1979 as amended (MCL 400.701 to 400.737); or

c.

Where there are more than two persons residing in a dwelling unit, persons classified constituting a family shall be limited to husband, wife, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, stepchildren, and legally adopted children, or any combination of the above persons living together in a single dwelling unit.

d.

A domestic unit as defined in this section.

(2)

Anyone seeking the rights and privileges afforded a member of a family by this Code shall have the burden of proof by clear and convincing evidence of their family relationship.

(3)

Any person seeking the rights and privileges afforded a member of a domestic unit by this chapter shall have the burden of proof by clear and convincing evidence of each of the elements of a domestic unit.

(4)

This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie, or organization, nor include a group of individuals whose association is temporary or seasonal in character or nature or for the limited duration of their education, nor a group whose sharing of a house is not to function as a family, but merely for convenience and economics.

Family day care facilities means a private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the resident family by blood, marriage or adoption.

Farm means a tract of land which is directly devoted to agricultural purposes provided further farms may be considered as including establishments operated as greenhouses, nurseries, orchards, chicken hatcheries, aviaries; but establishments keeping or operating fur-bearing animals, riding or boarding stables, kennels, quarries or gravel or sand pits shall not be considered farms hereunder unless combined with a bona fide farm operation on the same contiguous tract of land of not less than 20 acres.

Farm animal. See "Animals."

Farming, general, means the practice of agriculture on a farm as defined above.

Fast food restaurant means an establishment predominantly offering food prepared for and/or packaged as carry out items whether consumed on the premises, in the building, parking lot or elsewhere.

Fence, decorative means a decorative fence is intended to enclose a portion of a parcel in a decorative manner and is not necessarily intended to preclude or inhibit entry or vision into the property. Examples of decorative fences include split rail, wrought iron and similar fences that are visually "transparent" and/or readily breached.

Fence, functional means a functional fence is intended to enclose a parcel or portion of a parcel in order to prevent or make difficult entry by animals, persons or vehicles. Such a fence may also be a visual screen. Chain-link, masonry, stacked, and similar types of fences are examples of functional fences.

Financial business means any institution managing funds on deposit for its customers and/or lending funds to borrowers. These include, but are not limited to, banks, savings and loan institutions, credit unions, stock and bond brokerages, and insurance agencies.

Flag lot means a lot not fronting entirely on or abutting a public street and where access to the public street is by a narrow private right-of-way. See Michigan Land Division Act 1997 and amended.

Flood, 100-year, means a flood, which has a one percent chance of occurring in any given year.

Flood/flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters or the unusual and rapid accumulation of run-off of surface waters from any source.

Flood hazard area, 100-Year, means land which, on the basis of available floodplain information, is subject to a one percent or greater chance of flooding in any given year.

Flood insurance rate map (FIRM) means an official map of Carrollton Township on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Carrollton Township.

Floodplain means the land area expected to be inundated by the floodwaters of a 100-year flood. It includes both the floodway and floodway fringe.

Floodway means the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without increasing the base flood elevation by one-tenth of a foot.

Floodway fringe means the area between the floodway and the boundary of the 100-year floodplain for any watercourse.

Freestanding sign means any sign, which is not completely supported by the walls or roof of a building. See also "monument sign," "pole sign."

Front line of building. See the term "building front line."

Front yard setback line means a straight line drawn across a parcel so that at no point is it any closer to the street right-of-way than the required front yard setback for the applicable zoning district as stated by the dimensions table in article III of this chapter.

Fuel dealer means a business, which stores any flammable liquid or gas on the premises for wholesale distribution or retail sale as fuel for various types of equipment, does not include "auto service."

Garage, community, means a garage in a building used for the storage of three or more automobiles of two or more owners and containing no public repair or service facilities.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings. It does not include interior parking or loading spaces or any space where the story height is less than six feet.

Ground level means the elevation to be used for computing the height of signs. It is defined as the elevation of the centerline of the public street, which the sign faces, at its intersection with a line drawn perpendicular to the centerline and running through the sign's location.

Group daycare 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 household. Group childcare home includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. Group childcare homes include a private home with increased capacity.

Half-story means a space under a sloping roof, the walls of which intersect the roof decking not more than three feet above the top floor level, having not more than two-thirds of its floor area finished for the principal use of the building. A half-story containing independent apartments or living quarters is counted as a full story.

Heating plant means a heating system containing a low pressure steam or hot water boiler used to generate energy for use in heating buildings, potable water, or processing.

Height for wireless communication facilities. When referring to a WCF, height shall mean the distance measured from ground level to the highest point on the WCF, including the antenna array.

Height of building. See the term "building, height, of."

High-rise multifamily building means a building with an occupied floor located more than 75 feet above the lowest level of fire department vehicle access.

Home occupation means an accessory use in an area zoned for residential use dwelling, consisting of any business carried on by one or more occupants of the dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and which meets the following criteria:

(1)

It does not alter the outside appearance of the dwelling or any accessory structure.

(2)

It occupies no more than 25 percent of the floor area of a dwelling or 50 percent of the floor area of an accessory structure. A bed and breakfast, or child or adult day care for up to six persons who do not reside in the home shall be presumed to meet this standard.

(3)

It requires no more than three off-street parking spaces, as determined by the table of off-street parking requirements in section 66-167, and provides them.

(4)

It does not require activity outside the dwelling and/or accessory structure, which would be contrary to the nature of the surrounding area or would cause a nuisance to neighbors or persons passing by the dwelling.

(5)

It does not produce discharges to the wastewater treatment system serving the dwelling, which are in excess of the system's ability to process. When the system's capacity is in question, it is to be determined by the county health department.

(6)

It does not cause any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference that is detectable at or beyond the property line.

Home, sectional or component, means several building components meeting the current building code in effect, factory fabricated, and transported to the home site where they are put on a permanent foundation and joined to make a complete house.

Hospital means an institution for the diagnosis, treatment or care of aged, sick or injured people. The term "hospital" includes a sanatorium, rest home, nursing home or convalescent home, but does not include any institution for the care or treatment of alcoholics, drug addicts or persons with mental disorders. See the term "incarceration facility."

House travel trailer means a vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses.

Identity sign means a sign which carries only the name of the firm, the major enterprise, logo, or the principal product offered for sale on the premises, or a combination of these.

Incarceration facility means an institution for the involuntary confinement of persons taken into custody by any law enforcement agency, also any institution for the inpatient care and treatment of persons suffering from mental disorders, alcoholism or drug addiction.

Institution, educational, means a school for kindergarten through 12th grade or any colleges or universities authorized by the state to award degrees.

Institution, human care, means a public or private facility for physical or mental care. A human care institution may include hospitals, convalescent or nursing homes, homes for the mentally or physically impaired, mental, physical or substance abuse rehabilitation facilities and the like.

Institution, incarceration, means a public or private facility for detention. An incarceration institution may include a prison, jail, juvenile correctional facility, boot camp or any other facility meant that exists as a means of detention or restitution for crimes.

Institution, religious, means a structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

Institution, social, means any profit or nonprofit use or facility in which activities for pleasure or philanthropy are carried out. Such institutions may include service clubs, scout organizations, hobby clubs and veteran's organizations.

Junkyard, means a place where junk, waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards, and two or more inoperative, unlicensed vehicles shall be construed to be a junkyard.

Kennel (commercial) means any facility where more than six animals, which are more than four months old, are kept housed or boarded on a single parcel.

Kennel (private) means any facility used for the private maintenance of up to six dogs, cats or other domestic pets, four months or older, owned by the resident on the premises and not involving commercial activities. The keeping of more than six animals shall be considered a commercial kennel regardless of ownership or species of animals.

Landscape contractor. The term "landscaping" includes businesses principally engaged in lawn mowing and yard maintenance. It also includes decorative and functional alteration, planting and maintenance of such grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage/irrigation facilities) are accessible on the same parcel as the principal use. Landscape contractor also includes businesses that apply fertilizers, pesticides and other treatments for plants, trees and grass. This definition also includes tree services and commercial plant maintenance services.

Legislative body means the Carrollton Township Board of Trustees.

Livestock. See the term "Animal."

Loading space or berth means an off-street space at least ten feet wide, 25 feet long and 15 feet high clearance; either within a building or outside on the same lot, provided, maintained and available for the loading or unloading of goods or merchandise and having direct and unobstructed access to a street or alley.

Lot, means a parcel of land occupied or intended for occupancy by a main building and accessory buildings thereto, together with such open spaces as are required under the provisions of this chapter. Every lot shall abut upon and have permanent access to a public street or a road as certified by the Saginaw County Road Commission.

Lot area means the total horizontal area within the lot lines of the lot.

Lot; corner, interior and through:

(1)

Corner lot means a lot, which has at least two contiguous sides abutting upon a street for their full length, and provided the two sides intersect at an angle of not more than 135 degrees.

(2)

Interior lot means a lot other than a corner lot.

(3)

Through lot means an interior lot having frontage on two streets, which do not intersect at a point contiguous to such lot.

Lot coverage means the percentage of the lot area covered by the ground floor of principal and accessory buildings or structures. See illustrations at the end of this article.

Lot depth means the average distance from the front lot line of the lot to its opposite rear line measured in the general direction of the side lot line.

Lot lines means the lines abutting a lot as defined herein:

Lot line, front, means that line separating the lot from the street or place, in the case of a corner lot or through lot, the lines separating the lot from each street.

Lot line, rear, means the lot line, which is opposite the front lot line. In the case of a corner lot, the rear lot line may be opposite either front lot line, but there shall only be one rear lot line. In the case of a lot with side lot lines converging at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 20 feet long, lying farthest from the front lot line and wholly within the lot.

Lot line, side, means any lot line not a front lot line or not a rear lot line.

Lot of record means a separately described piece of land, the dimensions of which are shown on any document or map recorded by the county register of deeds or in common use by community officials and which actually exists as shown, or any part of such piece of land held in a recordable ownership separate from that of the remainder thereof. Any such piece of land being sold under a land contract, which sale was commenced prior to the effective date of the ordinance from which this chapter is derived, and which piece conformed to the requirements of the township zoning chapter as of the commencement of said sale, shall be deemed to be a lot of record. Note that a parcel may consist of multiple, contiguous lots of record under common ownership.

Lot, width of, means the width measured along the front lot line or street line.

Lumber yard, means a business which emphasizes the sale of lumber and wood products, where all material available for sale is stored or displayed in the principal building or in accessory structures. See also "building supply yard."

Major message, in determining the number of words and the required size of letters for freestanding signs on parcels, is all words which contain any letters or numbers over three inches tall.

Manufacturing means the processing of raw materials or parts into finished goods through the use of tools, human labor, machinery, and chemical processing.

Marina means a facility for storing, servicing, fueling, berthing and securing boats and that may include eating, sleeping, and retail facilities for owners, crews and guests.

Marquee sign means a sign attached to or made a part of any marquee, canopy, or awning projecting from and supported by a building.

Master plan means the comprehensive future land use plan for the township, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the township, and including any unit or part of such plan and any amendment to such plan or parts thereof. Such plan may be adopted by the planning commission and the township board.

Mobile home means a structure, transportable in one or more sections, which is built on 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.

Mobile home park means a parcel upon which three or more mobile homes are located on a continual, non-recreational bases and which if offered to the public for that purposed regardless of whether a charge is made therefor, together with any building, structure, street, equipment, facility used or intended for used incident to occupancy of mobile homes. See Public Act 96 of 1987.

Mobile home sales/service means a parcel of land used for the display, sale, and repair of new or used mobile homes.

Mobile home space means a plot of land in a mobile home park designed to accommodate one mobile home, with a structure or equipment to support and anchor the mobile home and connections to water, sewer, electricity and other utilities.

Modular home means a structure, transportable in one or more sections, which is built on 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.

Modular (premanufactured) housing unit means a dwelling unit constructed solely within a factory as a single unit or in various sized modules which are then transported to a site where they are assembled on a permanent foundation to form a single-family dwelling unit and meeting all codes and regulations applicable to conventional site-built construction. A mobile home is considered a type of modular housing unit with all of the following characteristics:

(1)

Designed for a long-term occupancy.

(2)

Containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(3)

Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels.

(4)

Arriving at site to be occupied as a dwelling unit complete and ready for occupancy except for minor and incidental location operations.

Monument sign means a freestanding sign, the face of which is mounted on, or less than one foot above, the ground.

Motel means a building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transient automobile facilities. The term "motel" shall include buildings designed as "auto courts," "tourist courts," "motor courts," "motor hotels," and similar arrangements, which are designed as integrated units of individual rooms under common ownership.

Municipal land means property owned and/or occupied by Carrollton Township or a Saginaw County Governmental Agency.

Nonconforming use means a building, structure, or use of land existing at the time of enactment of the ordinance from which this chapter is derived, and which does not conform to the regulations of the district or zone in which it is situated.

Nonfood retail means a retail business, which devotes less than five percent of its shelf or floor space to the display of edible products. Food products sold by a nonfood retail business should not require special storage conditions, such as refrigeration.

Nonprofit organization means an organization that meets the current tax code status of nonprofit and can show proof of this with at least one year's tax documentation.

Nuisance factors means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of an activity or use across a property line which can be perceived by or which adversely affects a human being, or the generation of an excessive or concentrated movement of people or things such as but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, and passenger traffic.

Office means a place of business in which professional services are rendered or management activities of an enterprise are carried out. All such activities take place inside a building. Office activities include, but are not limited to, the practice of law, medicine or dentistry, accounting or bookkeeping, tax preparation, insurance company functions or agency, securities or real estate brokerage, executive or managerial functions for any type of enterprise, studios for artists, photographers or broadcast media, all aspects of a newspaper or publishing business except actual printing and binding or distribution centers, and a base of operation for traveling salespeople excluding storage or display of goods.

Off-street loading space means a paved area provided for the loading or unloading of items from trucks or other commercial vehicles, located either within a building or outside on the same lot, but situated so that vehicles using the space do not obstruct any public street, alley or driveway.

Off-street parking space. See the term "parking space."

Opaque means a surface that cannot be seen through and does not allow light to come through.

Open space means any unoccupied space open to the sky on the same lot with a building. See "courts."

Parcel means a continuous piece of land, including contiguous lots of record, under uniform ownership, abutting upon a public street and having permanent access thereto. Also "lot," "lot: corner, interior, through."

Parcel area means the total horizontal land area within the lot lines of a parcel.

Parcel coverage means that percentage of parcel area covered by the total ground floor area of all buildings on a parcel.

Parcel depth means the distance between the front lot line and rear lot line of a parcel.

Parcel width means for a rectangular interior lot, the length of the front lot line. For a corner lot, parcel width is the length of the shorter front lot line. For an irregularly shaped lot, parcel width is the length of the line, which defines the front yard setback.

Parking space means a portion of a parcel at least nine feet wide and 20 feet long, with access to a public street or alley via a driveway and/or aisles, and set aside for accommodation of one motor vehicle. Also see "off-street parking space."

Personal service means a service business catering to the needs of individuals. These include but are not limited to hair styling, manicure, cosmetics, formal wear rental, laundry or dry cleaning drop off and pick up, millinery or tailoring, and repair of small appliances, watches, jewelry or shoes. Personal service is not included in the definition of "office," nor does it include any "adults-only business."

Personal wireless communication facilities means transmitters, antenna structures or towers and other types of equipment necessary for providing personal wireless services to the general public. Common examples are personal communications systems (PCS) such as cellular radio telephone service and paging.

Pet means a domesticated animal kept for amusement and/or companionship rather than utilitarian or productive purposes. Animals shall be considered as pets only if they are commonly considered as such or that they can be demonstrated as having characteristics, temperament, and domestic qualities of animals commonly considered pets.

Planned unit development (PUD) means a concept for development of a large parcel by a single entity, typically involving more land uses than would ordinarily be permitted in a single zoning district. Any condominium project is also defined to be a planned unit development. Planned unit developments are permitted by this chapter as special uses in several zoning districts. See section 66-214 for the site condominium regulations.

Planning commission means the Carrollton Township Planning Commission. Any reference to "Zoning Commission" or "Commission" shall mean the planning commission. See "Michigan Zoning Enabling Act of 2006."

Plumbing supply. See the term "electrical or plumbing supply."

Pole sign means a freestanding sign, the face of which is supported above the ground by not more than two permanently mounted poles with concrete footings meeting the requirements of the Carrollton Township Building Code.

Pond, detention storage, means an artificially or naturally confined area whose purpose is to confine water after a storm event. A detention pond is dry during all other circumstances. The temporary detaining or storage of storm water in a storage basin, open space or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated to the allowable discharge by appropriately installed devices. These detention storage areas are not to be considered regulated wetlands as they are man-made structures and are designed specifically for storm water storage.

Pond, landscape, means an artificially or naturally confined body of still water, excluding pools, for purposes of decorative landscaping that is less than 200 square feet in size.

Pond, recreation, means an artificially or naturally confined body of still water, excluding pools, greater than 200 square feet in size, for recreational uses.

Pond, retention storage means the permanent retaining or storage of storm water in a storage basin, open space or other areas under predetermined and controlled conditions. The only discharge of storm water from a retention storage area is by ground infiltration, evaporation, etc. An emergency overflow must be provided in the event the capacity of the retention facility is exceeded. These retention storage areas shall not be considered regulated wetlands.

Portable storage containers means a container used as a transportable storage container that is designed and used primarily for the storage of household goods, personal items and other materials for use on a limited basis.

Principal building means a building in which is conducted the greatest portion of activity for the principal use of the parcel on which it is located.

Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exist.

Processing. See "Manufacturing."

Projecting sign means a sign, which is solely supported by the wall of a building and projects more than 18 inches therefrom. Includes "marquee signs."

Public area means, for calculating parking and loading requirements, public area the floor area of a business used for service to the public. It does not include floor area used solely for storage, processing or packaging.

Public service means a resource offered by an organization, typically a government agency or private business, intended to support members of a community. Public services include health care, waste removal and transportation, and are systems and solutions that can benefit various groups of individuals.

Public street means a public thoroughfare owned and maintained by a public agency and providing motor vehicle access to abutting property. These include any existing state, county, or municipal roadways, except limited access highways. A public street includes all land within street right-of-way lines. Note that an unimproved public right-of-way does not constitute a public street.

Public utility means any business, municipal department or board fully authorized to furnish electricity, gas, steam, telephone, telegraph, cable television, pipeline, roadway, water, sewer or storm drainage service to the public.

Quarry, sand pit, gravel pit, top-soil stripping means a lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale, excluding the process of grading a lot preparatory to the construction of a building [for which a] permit has been issued.

Recreational vehicles means all those small mobile units principally designed for recreational past time such as motor homes, camper trailers, pickup campers, pop-up tent trailers, snowmobiles, motorcycles, dune buggies, and similar camping type vehicles or trailer.

Recreational vehicle park (campground) means any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by the general public as temporary living quarters for recreation or vacation purposes.

Restaurant is defined as follows:

(1)

Bar/lounge: A building or part thereof designed, maintained and operated primarily for the dispensing of alcoholic beverages. The selling of food and/or snacks may also be permitted. If the bar/lounge area is part of a larger dining facility, it shall be defined as that part of the structure so designated and/or operated.

(2)

Carry-out: A building maintained, operated and/or advertised as a place where food, beverage and/or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

(3)

Dining room: A building maintained, operated and/or advertised as a place where food and beverage are served and consumed primarily within the structure. Such food and beverage are served primarily in non-disposable (reusable by the restaurant) containers.

(4)

Drive-in/drive-through fast-food: A building maintained, operated and/or advertised as a place where food, beverage and/or desserts are served to customers from a serving counter and/or while in a motor vehicle, in disposable (not reusable by the restaurant) containers or wrappers. Such food, beverage and/or desserts may be consumed inside the building or outside the building at facilities provided or carried out for consumption off the premises.

Retail business means a business offering products for sale to the public for use or consumption other than on the premises. Said products generally are not made or processed on the premises, but are stored and displayed there. Sales generally take place inside a building, but the business may include a fenced outdoor sales area of up to ten percent of the floor area of the principal building. A restaurant, bar or tavern is not considered to be a retail business. See also "nonfood retail."

Right-of-way means a street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

Road. See the term "street."

Roadside stand means a structure erected on a farm adjacent to a public road for the sale of chiefly products produced on the farm, provided such use shall not constitute a commercial district, not be deemed a commercial activity.

Roof sign means any sign located on or over any part of the roof of a building, where no portion of said sign projects above the highest point of the roof.

Roofline shall mean either the high point of the roof or the top of the parapet, whichever forms the top line of the building silhouette, and, where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located. See "Basic structural terms and building heights photo."

Rooftop sign means any sign located on or over the roof of a building where any portion of said sign projects above the highest point of the roof.

Roominghouse means a dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services maybe offered as well.

Salvage yard means an open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A salvage yard includes automobile wrecking yards, and two or more inoperative, unlicensed vehicles located on a single lot shall be construed to be a salvage yard.

Sanitary landfill means an operation licensed by the state department of environmental quality for the disposal of solid waste in a manner consistent with the criteria established for solid waste management, Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.) and its administrative rules. Sanitary landfills are classified as follows:

(1)

Type II landfill. An on-land disposal facility designed and operated to accommodate general types of solid waste, including, but not limited to, garbage and rubbish, but excluding hazardous waste, which is managed under provisions of part 111 of Public Act No. 451 of 1994 (MCL 324.11101 et seq.) for hazardous waste management.

(2)

Type III landfill. An on-land disposal facility designed and operated to accommodate large volumes of certain solid waste, which has minimal potential for groundwater contamination.

Seasonal use means a vehicle, unit or item is functionally operational and actively used during the intended season for that vehicle, unit or item.

Service business means a business dealing primarily in the performance of work for hire which is not incidental to sale of merchandise or contract construction. All work is performed within the principal building or away from the premises. The term "service business" includes the term "personal service," but not the terms "auto service" or "business services." See also the term "financial business" and "office."

Service, essential, means the construction, alteration or maintenance by private companies or public departments or agencies of the various transmissions, distribution or disposal systems that are essential for the preservation of the public health, safety or general welfare such as gas, electricity, telephone, water and sewer. Also, this term includes all poles, wires, mains, drains, sewers, pipes, cables, traffic signals, hydrants and other similar equipment or accessories reasonably necessary to provide adequate service of said companies or agencies; but the term shall not include buildings or utility substations.

Setback means the depth, expressed in feet, of any required yard between a building or structure and lot line. See also "yard: front, rear, side."

Setback for wireless communication facilities means the required distance from the property line of the parcel on which the WCF is located to the support structure.

Setback line means a line established herein from which required yards are measured.

S.E.V. means the state equalized valuation of a building or structure, as determined by the township assessor. This chapter uses S.E.V. to measure the extent of any damage to a nonconforming building or structure. Thus, S.E.V. does not include the value of underlying land, and is presumed to be 50 percent of the building's true cash value.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. The following definitions shall apply to sexually oriented businesses:

(1)

Adult arcade. Any place to which the public is permitted or invited wherein cash-operated, credit-operated, coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of "sexually explicit activities" or "specified anatomical areas".

(2)

Adult bookstore or adult video store. An establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:

a.

Books, computer diskettes, tapes or hard drives, magazines, periodicals or other printed matter or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions, slides or other visual representation and/or items which depict or describe "sexually explicit activities" or "specified anatomical areas" or which are characterized by their emphasis upon exhibition or description of "sexually explicit activities" or "specified anatomical areas"; or

b.

Instruments, devices or paraphernalia which are characterized by their emphasis upon "sexually explicit activities" or "specified anatomical areas" or designed for use in connection with "sexually explicit activities"; or

c.

Items, materials or paraphernalia depicting, displaying, advertising or packaged as "sexually explicit activities" or which depict or describe, or are characterized by their emphasis upon, the exhibition or description of "specified anatomical areas".

d.

For purposes of this chapter, "principal business purpose" means:

1.

The devotion of a significant or substantial portion of its stock-in-trade or interior floor space, meaning 30 percent or more of the interior floor area as defined by the applicable building code; or

2.

The receipt of 50 percent of more of its annual revenues from the sale of the items listed above. Revenue is a gross increase in assets or a gross decrease in liabilities recognized and measured in conformity with generally accepted accounting principles; or

3.

The devotion of a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing of books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes, compact discs, slides or other visual representations, items, materials, or paraphernalia which are characterized by the depiction, description, display, advertising or packaging of "sexually explicit activities" or "specified anatomical areas".

4.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "sexually explicit activities" or "specified anatomical areas", and still be characterized as an adult book store, adult novelty or retail store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store, adult video store, so long as the establishment falls within the definition of an adult bookstore, adult novelty store or adult video store as set forth above.

(3)

Adult cabaret. A nightclub, bar, restaurant or similar commercial establishment, whether or not alcohol is served, which regularly features:

a.

Persons who appear in a state of restricted nudity, and/or other material while opaque does not completely cover the entire buttocks (e.g., G-strings) or all portions of the breast below the topmost portion of the areola; or

b.

Live performances of an erotic nature which are characterized by the partial exposure of "specified anatomical areas" or "sexually explicit activities" that occur away from the common area of the establishment, such as on a stage, on poles, in booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises wherein an entertainer or waitress provides adult entertainment to members of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a direct or indirect profit; or

c.

Films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

(4)

Adult massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body which occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program nor a therapeutic massage practitioner. An adult massage parlor is considered a sexually oriented business for purposes of this chapter.

(5)

Adult motel. A hotel, motel or similar establishment which:

a.

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are regularly characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas"; and which advertises the availability of this adult type of material by means of a sign, visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, internet or television; or

b.

Permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electric transmission over the World Wide Web; or

c.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

d.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(6)

Adult motion picture theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

(7)

Adult theater. A theater, concert hall, auditorium or similar establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by the performance of "sexually explicit activities". This definition does not include a theater which features occasional live nude performances with serious literary, artistic or political value and which has no adverse secondary effects.

(8)

Adult use business. An adult arcade, adult bookstore, adult novelty or retail store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio and/or a sexual encounter establishment or any business determined by the building official, township manager, and/or the chief of police, to be an adult use because of the similarities in the characteristics and activities of the business with regulated adult business uses, such as nudity, semi-nudity, exposure of "sexually explicit activities" and/or "specified anatomical areas". The definition of "adult use business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(9)

Alcoholic commercial establishment. Any hotel, motel, tavern, restaurant, park, nightclub, cocktail lounge, burlesque house, bar, cabaret, taproom, club or other similar establishment licensed by the State of Michigan Liquor Control Commission, or where alcoholic beverages, including beer, are dispensed and/or consumed. This definition shall exclude a theater or auditorium.

(10)

Entertainer. A person who performs some type of activity or pose with the intent of allowing others to witness that activity or pose.

(11)

Escort. A person who, for consideration in any form, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing and the performance of a dance or skit. Under this definition, "privately" shall mean a performance for an individual or that individual's guests.

(12)

Escort agency. A person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

(13)

Establishment. Any of the following:

a.

The opening or commencement of any sexually oriented business as a new business; or

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

c.

The location or relocation of any sexually oriented business.

(14)

Licensee. The individual listed as an applicant on the application of a sexually oriented business license, or a person whose name appears on a license to operate an adult use business.

(15)

Licensing officer. The Clerk of Saginaw Township or his/her designee.

(16)

Manager. An operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees, or is otherwise responsible for the operation of the sexually oriented business.

(17)

Massage. The treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefore. For purposes of this chapter, the term "bodywork" shall mean massage.

(18)

Nude model studio. Any place where a person appears in a state of nudity or displays "specific anatomical areas", and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include a modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the State of Michigan.

(19)

Nudity or a state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

(20)

Operator. The owner, licensee, manager or person in charge of any premises.

(21)

Peep booth. An adult motion picture theater with a viewing room or cubicle of less than 150 square feet of floor space.

(22)

Premises or licensed premises. Any premises that requires a sexually oriented business license and that is classified as a sexually oriented business.

(23)

Principal owner. Any person owning, directly or beneficially:

a.

Ten percent or more of a corporation's equity securities; or

b.

Ten percent or more of the membership interests in a limited liability company; or

c.

In the case of any other legal entity, ten percent or more of the ownership interests in the entity.

(24)

Private room. A room in a hotel/motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

(25)

Regular or regularly shall mean recurring, attending or functioning at fixed or uniform intervals.

(26)

Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(27)

Sexual encounter center. A business or enterprise that, as one of its primary business purposes, offers a place where two or more persons may congregate, associate or consort for the purpose of "sexually explicit activities" or the exposure of "specified anatomical areas" for any form of consideration, including, but not limited to:

a.

Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or

b.

Activities when one or more of the persons is in a state of nudity or semi-nudity; or

c.

Permits patrons to display or be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for recording or transmission over the World Wide Web or any other media.

(28)

Sexually explicit activities. Any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

b.

Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation or sodomy; or

c.

Masturbation, actual or simulated; or

d.

Any activity intended to arouse, appeal to or gratify a person's lust, passions or sexual desires; or

e.

The display of human genitals in a state of sexual stimulation, arousal or tumescence; or

f.

The display of excretory function as part of or in connection with any of the activity set forth in a) through e) above.

(29)

Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult novelty or retail store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web. "Sexually oriented" when used to describe film, motion picture, videocassette, slides, or other photographic reproductions shall mean film, movies, motion picture videocassette, slides or other photographic reproductions that regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing "sexually explicit activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(30)

Specified anatomical areas. Any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, or female breast or breasts or any portion thereof that is situated below a point immediately above the top of the areola, or any combination of the foregoing; or

b.

Human genitals in a state of sexual arousal, even if opaquely and completely covered.

(31)

Specified criminal acts. Sexual crimes against children, sexual abuse, criminal sexual conduct, rape, crimes classified as sexual crimes by the State of Michigan or any other state, or crimes connected with another adult use business, including, but not limited to, the distribution of obscenity, prostitution and/or pandering.

(32)

Significant or substantial portion. Thirty percent or more of the term modified by such phrase. If a business has 29 percent or less of its stock-in-trade or interior floor space devoted to sexually oriented material, the use does not qualify as a regulated use. However, based upon the potential negative secondary impacts which relate to the sale, display and/or exhibition of sexually oriented materials, additional regulations of these materials is required as follows:

a.

Floor space/display restrictions: The sale, display or exhibition of sexually oriented materials shall be limited to no more than 29 percent of the total stock in trade or interior floor space. The sexually oriented materials shall be located in the rear portion of a building away from its main entrance area. The sexually oriented materials shall be separated by racks, walls or other means that would restrict visibility into the area displaying the sexually oriented materials. No sexually explicit materials shall be permitted to be placed on the non-adult side of this separation.

b.

No sexually explicit materials shall be displayed in any of the business's windows at any time or visible from the exterior of the business or building. Additionally, no portion of the ceiling in a business or building will be permitted to be used to display sexually explicit materials.

c.

Magazines that contain "sexually explicit activities" or "specified anatomical areas" may be located outside an area specifically devoted to sexually explicit materials. However, the merchandise rack on which the materials are placed must be located immediately adjacent to the separate area that sells the sexually explicit materials, and contain opaque blinders that only allow viewing of the magazine title.

d.

Height restrictions: The height of the racks and display walls upon which sexually explicit material can be displayed shall be limited to six feet.

Shopping center means a building housing two or more retail businesses. Customer parking is provided for the shopping center as whole, rather than separate areas for individual businesses. Other types of business may also be included.

Sign means any device, structure, fixture, placard, name identification, display or illustration which uses graphics, symbols or written copy to convey a message, and which is visible from a public street or highway. The term "sign" shall not include any display of court or public office notices, nor shall it include the flag of any political unit. A sign is considered to have not more than two sides. Thus, a three-sided sign equals two signs.

Sign size means the product of the height and width of a sign, expressed in square feet. For a wall sign consisting of individual letters or symbols, with only the wall as background and no added decoration or border, the size of said sign may be computed as the sum of the areas determined by the height and width of each letter or symbol.

Signable area means when used to determine the total allowable area of signs attached to a building on a parcel, signable area is calculated by multiplying the length of the front line of the principal building times the average story height of the first floor space abutting said front line. Where a building has multiple occupants with individual entrances, signable area is computed separately for each occupant's storefront. Buildings on corner lots may use only the largest of their front walls to compute signable area for the entire building.

Site area means the total area within the property lines excluding street rights-of-way.

Site condominium means a division of land offering separate plots, each conforming to the dimensional requirements for parcels in the applicable zoning district, for sale as condominium units upon which structures may be built, provided they conform to applicable provisions of this chapter.

Solar energy system means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal, electrical, or other energy.

Solar energy system accessory means a solar panel or array mounted on a building, pole, or rack which is directly connected to or designed to serve the energy needs of the primary use. This use will be governed by section 66-57, district regulations tables as an accessory use.

Solar farms means a solar array composed of multiple solar panels on ground-mounted rack or poles which is not directly connected to or designed to serve the energy needs of the primary use, but rather for the primary purpose of the wholesale sales of generated electricity. Solar farms include but are not limited to community solar gardens which are defined as solar-electric (photovoltaic) arrays that provide retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. A community solar system may be either an accessory or principal use.

Special use means one which may be permitted by the application for and issuance of a special use permit by the planning commission. Specified procedures and requirements, as outlined in cited sections must be complied with prior to issuance of said permit.

Stable, commercial means a stable in which horses are kept for remuneration, hire, or sale.

Stable, private means an accessory building in which horses are kept for private use and not for hire, remuneration, or sale, and further that no more than three horses are boarded.

State-licensed residential facility, 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 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.

Storage means shortterm or longterm placement of a unit or vehicle for a period greater than seven days.

Story, half, means a partial story under gable, hip or gambrel roof, the wall plates of which on at least two opposite walls are not more than four feet above the floor of such story. A half-story containing independent apartments of living quarters shall be counted as a full story.

Story, height of, means the vertical distance from the top surface of one floor to the top surface of the next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.

Street means a public thoroughfare, which affords the principal means of access to abutting property.

Street functional classification means that the functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. Three basic groups include:

(1)

Arterials for primary mobility;

(2)

Collectors for both mobility and land access; and

(3)

Locals for primarily land access:

a.

Major arterials. Major arterials serve the major centers of activity of the region, the highest traffic volume corridors, and the longest trip desires;

b.

Minor arterials. Minor arterials interconnects with and augments the principal arterial system and provides service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials;

c.

Collectors. The collector system provides both land access service and for local traffic movements within residential neighborhoods, commercial areas and industrial areas;

d.

Locals. Locals serve as direct land access and access to higher systems.

Street line means the legal line of demarcation between a street right-of-way line for service, benefit or enjoyment.

Structure means anything constructed or erected requiring a permit, the use of which requires a more or less permanent location on the ground or attachment to something having a permanent location on the ground, excepting utility poles, utility manholes or similar items.

Substance abuse rehabilitation center means a public or private facility designed to provide medical treatment and psychological therapy to those individuals who suffer from drug or alcoholic addiction.

Supermarket means a full line comparison grocery, meat and produce retail sales establishment with a gross building area greater than 10,000 square feet.

Support structure means a support structure constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) which is used to attach an attached WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

Swimming pool means an artificially contained body of water for the purpose of swimming, excluding hot tubs. A swimming pool is greater than two feet deep at any point.

Temporary outdoor use means an outdoor display, amusement, Christmas tree sale, revival tent, sidewalk sale, tent sale or other quasi-civic activity which takes place during more than one calendar day, and which is not injurious or detrimental to properties in the immediate vicinity.

Temporary wireless communication facility (temporary WCF) means a WCF to be placed in use for 90 or fewer days.

Township board means the Carrollton Township Board of Trustees.

Trees. The following trees are recommended for use in buffering.

(1)

Deciduous shade trees: Ash (Marshall, Patmore, Summit) Ginkgo, Linden (Crimean, Olympia), Locust (Imperial, Shademaster, Skyline), Maple (Norway, Red, Sugar) Oak (Pin, Red).

(2)

Deciduous ornamental trees: Cherry (Canada Red), Crabapple (Disease Resistant), Dogwood (Chinese) Hawthorn (Crusgali, Washington), Maple (Amur), Olive (Russian), Serviceberry (Allegheny), Shadblow (Downy).

(3)

Deciduous shrubs: Alder (Golden), Beauty bush, Cotoneaster (Divaricate), Euonymus (Winged, Dwarf Winged), Forsythia, Honeysuckle, Lilac, Olive (Autumn), Privet (Amur River, Golden, Ibolium), Viburnum (American Cranberry, Arrowwood, Blackhaw, Leatherleaf, Willowwood), Weigelia.

Use means the employment or occupation of a building structure or land for service, benefit or enjoyment.

Use by right means any use permitted in a zoning district, provided all dimensional requirements, supplementary regulations and administrative procedures of this chapter are complied with, identified by the uses table in article III of this chapter. See also "special use."

Variance means a modification of any measurable requirement of this chapter, granted by the zoning board of appeals when strict enforcement of the requirement would cause undue hardship in a singular situation.

Vehicle means a motorized, self-propelled device intended for propelling a person.

Visual screen means a solid wall or fence which obscures not less than 90 percent of the area between the ground and the height required by any provision of this chapter, or an earth berm and/or evergreen planting which obscures not less than 50 percent of the required area when the evergreens are first transplanted. Where a combination of screen types is used, not less than 75 percent of the required area must be obscured. A visual screen must be continuously maintained, including replacement of dead or diseased plants.

Wall sign means a sign attached directly to or painted upon a building wall and not extending more than 18 inches therefrom, with the sign face parallel to the wall.

Wholesale business means an enterprise which buys and/or repackages products for sale to retail businesses and which stores its entire inventory in an enclosed building.

Window sign means any sign installed on or inside a window and intended to be viewed from the outside.

Wireless communication facility (WCF) means any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and support structure to achieve the necessary elevation.

Wireless communications, means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Word means, for calculating the length of a sign's major message, a word is any group of letters or numbers that is separated from other letters or numbers by blank spaces. A graphic symbol or logotype shall also be counted as a word.

Yard means an open space on the same lot with a building, unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line. See "Lot area/lot coverage photo."

Yard, front means a yard extending across the front of a lot between the side lot lines and measured between the front line of the lot and the nearest point of the main building or land use.

Yard required, how measured means the required yard depth or width shall be measured in a horizontal plane and at right angles from the lot line in question or an extension thereof.

Yard, rear means an open space on the same lot with a main building unoccupied except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the centerline of the alley, if there be an alley, and the rear line of the building.

Yard, side means an open, unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a front line or a rear line shall be deemed a side line.

Zero lot line means a division of ownership in which no side yard setbacks are imposed upon buildings.

Zero lot line duplex means a two-family dwelling where each dwelling unit is located on a separate parcel, with the lot line running through the building.

Zoning administrator means an individual appointed by the township board delegated to administer the Carrollton Township Zoning Ordinance.

Zoning district means areas within which similar uses are permitted and which are uniformly regulated under this chapter, identified by section 66-53. Their purposes are outlined in the purposes table, and the uses table in article III, of this chapter, lists permitted activities for zoning districts.

(Ord. of 5-30-2000, § 202; Ord. No. 2005-02Z, § I, 6-13-2005; Ord. No. 2015-10, § I, 8-31-2015; Ord. No. 2015-12, § I, 8-31-2015; Ord. No. 2017-05, § I, 4-24-2017; Ord. No. 2020-02, § I, 2-24-2020; Ord. No. 2023-03, § I, 10-30-2023; Ord. No. 2024-04, § I, 4-29-2024; Ord. No. 2024-06, § I, 10-28-2024)