A.

The particular shall control the general.

B.

If the meaning of this Ordinance is unclear in a particular circumstance, then the body charged with interpreting or applying the Ordinance shall construe the provision to carry out the intent of the Ordinance, if such intent can be discerned from other provisions of the Ordinance or law.

C.

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

D.

All words and phrases shall be construed and understood according to the common preferred usage of the language; but technical words and phrases and such as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

E.

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.

F.

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

G.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Gender related words, such as "he" and "him" include "she" and "her," or other similar uses of gender.

H.

Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.

1.

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

2.

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

3.

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

I.

In computing the number of days, the first day is excluded and the last day is included. If the last day of any period during which an application, filing, or request is required to be made to the Township or other governmental agency is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday observed by the Township.

J.

With the exception of this Chapter, the headings which title a Chapter, Section or Subsection are for convenience only and are not to be considered in any construction or interpretation of this Ordinance or as enlarging or restricting the terms and provisions of this Ordinance in any respect.

The following listed terms and words are defined for the purpose of their use in this Ordinance. These definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated.

Accessory building or structure means a building, structure, or portion of a building supplementary and subordinate to a main building or use on the same lot, occupied by or devoted exclusively to an accessory use. The term "accessory building" shall not include any truck, bus, trailer, or other motorized or non-motorized vehicle.

Accessory use means a use that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use, building or structure to which it is related. Residential supportive uses such as lawns, gardens, driveways or play areas are considered customary accessory uses.

Adult foster care facility means a facility defined by the Adult Foster Care Facility Licensing Act (PA 218 of 1979), as amended, having as its principal function the receiving of adults for foster care. Such facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care.

A.

Adult foster care family home. A private residence in which the licensee is a member of the household and an occupant, providing foster care for five or more days a week and for two or more consecutive weeks with the approved capacity to receive six or fewer adults.

B.

Adult foster care large group home. An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

C.

Adult foster care small group home. An adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

Agricultural labor housing means a tract of land and all buildings and other structures pertaining thereto which are established, occupied or used as living quarters for migratory workers engaged in agricultural activities including related food processing as licensed under the provisions of P.A. 289 of 1965, as amended.

Agriculture means the use of land for tilling the soil, raising tree or field crops, or animal husbandry as a source of income, or any other use as defined by the Michigan Right to Farm Act. The term shall not include the keeping or raising of fur-bearing animals, stables, kennels, nor game fish hatcheries. The term shall also not include the disposal of garbage, sewage, refuse, offal or rendering plants; the slaughtering of animals except such animals as have been raised on the premises, trucking, equipment repairs and sales, or contractor storage yards.

Alcohol production facility means a facility for processing, bottling and selling of the product(s) made by the normal alcoholic fermentation of, including but not limited to, fruit, mead or honey, hops. Also known as winery, meadery, brewery, distillery.

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

Anemometer means a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy conversion system at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

ANSI means the American National Standards Institute.

Architectural features means architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments, such as recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure.

Average grade means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. For the purpose of measuring height of structures in the residential districts, "average grade" means a reference plane representing the average of the finished ground level adjoining the building along the front elevation.

(Ord. No. 01182022-1, § 1, 1-18-2022)

Background sound level means the amount of background sound at a given location prior to the installation of a wind energy conversion system measured during the quietest time of the day or night that the wind energy conversion system will operate.

Basement or cellar means a portion of a building, partly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.

Bed and breakfast establishment means a use within a detached single-family dwelling in which transient guests are provided a sleeping room, breakfast and access to bathing and lavatory facilities in return for payment.

Billboards—See signs.

Board, Township—See Township Board.

Buildable area means the space remaining within a lot after the minimum setback and open space requirements of this Ordinance have been met.

Building means an independent structure, temporary or permanent, having a roof supported by columns, walls, or any other support used for the enclosure of persons, animals, or chattels, or carrying on business activities or other uses. When any building portion is completely separated from every other part by division of walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Building height means the vertical distance measured from the average grade to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

Building setback means the horizontal distance between a building or structure or any portion thereof, and the boundaries (front, side, rear) of the lot or parcel of land upon which the same is situated. The required setback is the minimum distance required in the zoning district in which the property is located.

Campground a publicly or privately owned establishment intended to contain temporary or permanent buildings, tents, recreational vehicles, or other structures established or maintained as temporary living quarters, usually operated for recreation, religious, education, or vacation purposes.

Clearing of land means the removal of vegetation from any site, parcel or lot, except when land is cleared and cultivated for bona fide agricultural or garden use in a district permitting such a use. Mowing, trimming, pruning or removal of vegetation to maintain it in a healthy, viable condition is not considered clearing.

Clinic means a building or group of buildings where human patients are admitted for examination and treatment by more than one professional, such as a physician, dentist, or the like, except that human patients are not lodged therein overnight.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, hobbies, politics, or the like, but not operated for profit.

Commercial means the use of property for the purchase, sale, barter, display, or exchange of goods, wares, merchandise or personal services; or the maintenance of service offices for recreation or amusement enterprises; or garage/yard sales operating more than 12 days during any one 12-month period.

Commission, Planning, as used in this Ordinance, means the Casco Township Planning Commission.

Condominium Act means Public Act 59 of the Michigan Public Acts of 1978, as amended.

Condominium project means a plan or project consisting of not less than two condominium units established in conformance with the Condominium Act.

Condominium project, site means a division or development of land on the basis of condominium ownership in accordance with the Condominium Act, which is not subject to the provisions of the Land Division Act (P.A. 288 of 1967, as amended).

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed of the condominium project.

Conservation easement means a non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space use; protecting natural resources; or maintaining air or water.

Cottage industry means an accessory use to a principal residence where the owner of the residence operates a small scale business as part of their lifestyle as a means of income. Uses may include, but are not limited to: small scale food processing (without consumption) and artists or craftsmen producing unique items on site.

(Ord. No. 07172023-1, § 1, 7-17-2023)

Day care facility means:

A.

Commercial day care facility. A facility, other than a private residence, receiving minor children or adults for care for periods of less than 24 hours in a day, for more than two weeks in any calendar year. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meetings, or by a fitness center or similar operation, shall not be considered commercial day care.

Commercial child care facility means a facility, other than a private residence, receiving one or more children under 13 years of age for care periods of less than 24 hours a day, where parents or guardians are not immediately available to the child. Child care center includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. Child care facility is allowed to be in a church.

B.

Family day care home. A single-family residence, occupied as such, in which care is provided for more than one but less than seven minor children for periods of less than 24 hours per day, for more than four weeks during a calendar year, unattended by a parent or legal guardian. Care for persons related by blood, marriage or adoption to a member of the family occupying the dwelling is excluded from this definition.

C.

Group day care home. A single-family residence, occupied as such, in which care is provided for at least seven but not more than 12 minor children for periods of less than 24 hours per day, for more than four weeks during a calendar year, unattended by a parent or legal guardian. Care for persons related by blood, marriage, or adoption to a member of the family occupying the dwelling is excluded from this definition.

Daytime guest means individuals who are not listed on a lease agreement, but stay at a short-term or long-term rental from sunrise to sunset.

Decibel (dB) means a unit of measure used to express the magnitude of sound pressure and intensity. This refers to a weighted scale defined by ANSI using a frequency that mimics the human ear.

Meaning of dB(A) and dB(C)—The letters "A" or "C" following the abbreviation "dB" designate a frequency-response function that filters the sounds that are picked up by a microphone in a sound level meter. A frequency-response function, also called a weighting characteristic (meaning that some frequencies are given more weight or importance than others) can also be thought of as a tone control. It emphasizes or de-emphasizes sounds of certain pitches relative to others. (A)-weighting is used to measure hearing risk and for compliance with Occupational Safety and Health Administration and Michigan Occupational Safety and Health Administration regulations that specify permissible noise exposures in terms of a time-weighted average sound level or daily noise dose. (C)-weighting is used in conjunction with (A)-weighting (the dB[A] and dB[C] levels are compared) for certain computations involving hearing protector attenuation.

Deed restriction means a restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the County Register of Deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant. Unless the Township has an ownership interest in the property, or is specifically made a third party beneficiary of the deed restriction, a deed restriction is enforced by the parties to the agreement, not by the Township.

Density, as applied in this Ordinance in the agricultural and residential districts, means the number of dwelling units situated on or to be developed on a gross acre of land.

District, zoning means a portion of the Township within which certain uses of land or buildings are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

Drive-through establishment means a commercial establishment whose retail/service character is significantly dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons while in or momentarily stepped away from the vehicle. Examples include banks, cleaners, and restaurants, but not including automobile service stations.

Dwelling, or dwelling unit means any building or portion thereof having cooking and housekeeping facilities, which is occupied wholly as the home, residence or sleeping place of one or more families, either permanently or temporarily, but in no case shall a motor home, trailer coach, garage, automobile chassis, tent, or portable building be considered a dwelling. In 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 and shall comply with the applicable provisions of this Ordinance.

A.

Dwelling, multiple-family. A building or portion thereof, used or designed for use as a residence for three or more families living independently of each other and each doing their own cooking and housekeeping.

B.

Dwelling, single-family (detached). A detached building used or designed for use exclusively by one family.

C.

Dwelling, two-family. A detached building used or designed for use exclusively by two families living independently of each other and each doing their own cooking and housekeeping. It may also be termed a duplex.

(Ord. No. O21918-2, § 1, 1-24-2018; Ord. No. 01182022-1, § 2, 1-18-2022)

Easement means a right, distinct from ownership of the land, to cross property with facilities such as, but not limited to, driveways, roads, utility corridors, sewer lines, water lines, and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for open space, recreation, drainage or access purposes.

Elderly housing means a building or group of buildings containing dwellings where the occupancy of dwellings is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. This does not include a development that contains a convalescent or nursing home as licensed under Michigan law; or a mental hospital for mental patients licensed under Michigan law.

Erected includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of the term "erect" or "erected."

Essential services means:

A.

The erection, construction, alteration, or maintenance by public utilities, municipal departments or commissions, or any governmental agencies, of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electric substations, poles, and other similar equipment, and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare.

B.

Essential services does not include buildings other than such buildings that are primarily enclosures or shelters of the above essential service equipment, and shall not include power generating facilities.

C.

The term shall not include wireless communication towers, unless located on public property and used as part of a governmental emergency communications network.

Excavation means any breaking of the ground to hollow out by cutting, digging, or removing any soil or rock matter, except for common household gardening and general farm care.

Family means:

A.

An individual or group of two or more persons related by blood, marriage, or adoption, together with servants of the principal occupants who are domiciled together as a single housekeeping unit in a dwelling unit; or

B.

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit.

C.

This definition shall not include any society, club, fraternity, sorority, association, halfway house, lodge, coterie, organization, group of students, or other individuals whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of a school term or during a period of rehabilitation or treatment, or is otherwise not intended to be of a permanent nature.

Farm market means a commercial establishment selling produce and other farm products, primarily produced in the agricultural operation, at retail to customers, not unlike a grocery store. Such an establishment shall be operated in conformance with the Michigan Department of Agriculture & Rural Development's Generally Accepted Agricultural and Management Practices for Farm Markets (GAAMPs).

Fence means any permanent partition, wall, barrier, structure or gate erected as a dividing structure, barrier or enclosure, and not part of a structure requiring a building permit.

Floodplain and related terms means:

A.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

B.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings, or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

C.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

D.

Flood hazard area, special. The land within a community subject to a one percent or greater chance of flooding in any given year. Also known as "area of 100 year flood," and shown on the Flood Insurance Rate Map (FIRM) as "Zone A."

E.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

F.

Flood insurance study. The official report for the Township provided by the Federal Insurance Administration containing flood profiles, the water surface elevation of the base flood, and the Flood Hazard Boundary-Floodway Map.

G.

Floodplain. Land designated as Special Flood Hazard Area.

H.

Floodplain Overlay District. The zone that overlays the existing zoning districts delineated on the official Casco Township Zoning Map. The boundaries of the Floodplain Overlay District shall coincide with the boundaries of the Special Flood Hazard Area indicated on the Flood Insurance Rate Map.

I.

New construction. Means structures for which the start of construction commenced on or after the effective date of this Ordinance.

J.

Substantial improvements. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Sites.

Floor area, gross (GFA) means:

A.

The sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The gross floor area of a building shall not include the basement floor area.

B.

Gross floor area shall not include attic space having headroom of less than seven and one-half feet or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in floor area. Areas of basements (except as provided above), breezeways, porches, or attached garages are not included.

Floor area, usable (UFA) means:

A.

That area in nonresidential buildings used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers; or area used in a dwelling unit for living purposes. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities shall be excluded from the computation of usable floor area.

B.

Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.

Frontage means the horizontal distance between the side lot lines measured at the public or private road right-of-way.

Frontage, shoreline, for waterfront lots, means the horizontal distance between the side lot lines measured at the ordinary high water mark and including a strip of land paralleling the shoreline. For lots abutting Lake Michigan, a strip of land parallel to the ordinary high water mark, which extends inland from the high water line for the required waterfront setback distance.

Glare means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenbelt means a vegetative strip intended to provide physical separation and visual screening between potentially incompatible uses; be sufficient to screen or filter views of building walls, loading areas, parked vehicles, and outdoor storage areas; moderate harsh or unpleasant sounds; filter air pollutants; or slow the effects of stormwater runoff.

(Ord. No. 10920-1, § 1, 10-19-2020)

Hazardous substance means any substance or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injudicious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance, the use of which requires a Material Safety Data Sheet by the U.S. Environmental Protection Agency.

High risk erosion area (HREA) means those shore lands along the Great Lakes and connecting waters where recession of the zone of active erosion has been occurring at a long-term average rate of one foot or more per year. HREAs are regulated by Part 323, Shoreline Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended.

Home-based business means an occupation or profession that is conducted on a residential parcel, in a detached accessory building, and is an incidental and secondary use of such property, but which has a potential to possess characteristics that may be more obtrusive than the home occupation standards of this Ordinance. Examples of home-based businesses include, but are not limited to, wood shop, and storage of contractor's equipment.

Home occupation means an occupation customarily conducted in a dwelling unit that is clearly an incidental and secondary use of the dwelling. Without limiting the foregoing, a single-family dwelling used by an occupant of that dwelling to give instruction in a craft or fine art within the dwelling shall be considered a home occupation.

Hospital means an institution providing health services, primarily for in-patients and medical or surgical care including related facilities such as laboratories, medical emergency services, out-patient departments, training facilities, central service facilities and staff offices.

Hotel means a facility offering lodging accommodations to the general public for a daily rate and which may or may not provide additional services, such as restaurants, meeting rooms, and recreational facilities.

Improvements means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval, to protect natural resources, or the health, safety, and welfare of the residents of the Township and future users or inhabitants of the proposed project area, including roadways, lighting, utilities, sidewalks, screening, drainage, parking areas and landscaping.

Junk, for the purpose of this Ordinance, means but is not limited to any motor vehicles, machinery, appliances, products, or merchandise with significant parts missing; or scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use of the purpose for which they were manufactured.

Junkyard includes automobile wrecking yards and salvage areas and includes any area of more than 200 square feet for the storage, sale, processing, keeping or abandonment of junk, including scrap metals, other scrap materials or reclaimed materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof for profit, but does not include uses established entirely within enclosed buildings.

Kennel means any lot or premises on which four or more animals, six months of age or older are kept temporarily or permanently for the purpose of breeding, boarding or sale. This definition shall include animal shelters.

L90 scale means the sound level is exceeded 90 percent of the time. This is a measure of the nominal background level. Example: During a one-hour measurement, an L90 of 50 dBA means the sound level was at or above 50 dBA for 54 minutes.

Landmark tree means a tree with a diameter of over 28 inches at a height of four feet off the ground.

Livestock means those species of animals used for human food and fiber or those species of animals used to service humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, alpacas, bison, captive cervidae, ratites, swine, equine, poultry, aquaculture, and rabbits. Livestock does not include dogs or cats.

Long-term rental means the rental of any single-family dwelling for a term of 28 consecutive days or more in any calendar year.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building with its accessory buildings, and providing the open spaces, parking spaces, and loading spaces required by this Ordinance. The word "lot" shall include plot or parcel. A lot need not be a "lot of record." A lot may also mean a portion of a condominium project, as regulated by Public Act 59 of 1978, as amended, designed and intended for separate or limited ownership or use.

A.

Lot area. The total area encompassed within the lines of a parcel or piece of property, excluding road or road rights-of-way or road easements.

B.

Lot, corner. A lot located at the intersection of two roads where the corner interior angle, formed by the intersection of the center lines of the roads, is 135 degrees or less, or a lot abutting upon a curved road or roads if tangents to the curve at the two points where the lot lines meet the centerline curve form an interior angle of 135 degrees or less.

C.

Lot, depth. The distance between the front and rear lot lines, measured along the median between the side lot lines, or the two front lines of a double frontage lot.

D.

Lot, double frontage (through). Any lot, excluding a corner lot, which fronts on two roads which do not intersect.

E.

Lot, interior. A lot other than a corner lot with only one lot line fronting on a road.

F.

Lot, waterfront. A lot having frontage directly upon a lake, river or otherwise formed impoundments of water.

G.

Lot width. The shortest continuous distance between the side lot lines, measured at the required building setback line and at right angles to the lot depth.

Lot coverage means The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, but not including parking lots.

Lot lines means the property lines or other described lines bounding the lot.

A.

Front lot line. In the case of an interior lot, the front lot line shall mean the line separating such lot from such road right-of-way or easement. In the case of a corner or through lot, each lot line separating the lot from a right-of-way shall be considered a front lot line. In case of a waterfront lot on Lake Michigan, the front lot line shall be the ordinary high water mark.

B.

Rear lot line. Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot.

1.

In the case of an irregular or triangular-shaped lot, a line at least ten feet in length entirely within the lot, parallel to, and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard.

2.

In cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot line.

C.

Side lot line. Any lot line not a front lot line or a rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record means a lot or parcel, whether it exists in a subdivision plat, is described by metes and bounds, or is part of a condominium project, which is shown on the records of the County Register of Deeds.

(Ord. No. O21918-2, § 2, 1-24-2018)

Manufactured home means a detached residential dwelling unit designed for transportation after fabrication on roads on its own wheels or on a flat bed or other trailer, and further designed to be occupied as a dwelling without the necessity of further substantial construction or alteration except for incidental assembly, unpacking, foundation work or construction, utility connections, skirting construction, site preparation and other minor work, construction or installation.

Manufactured housing community means a parcel or tract of land under the control of a person upon which two or more manufactured 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 therefore, together with any building, structure, enclosure, road, equipment, or facility is used or intended for use incident to the occupancy of a manufactured home.

Master plan means the Master Plan currently adopted by the Township, including graphic and written materials, indicating the general location for roads, parks, schools, public buildings, and all physical development of the Township, and includes any unit or part of such plan and any amendment to such plan.

Medical marihuana grower means as defined in the Michigan Medical Marihuana Facilities Licensing Act, and as regulated by State laws, State regulations, and the Township's Marihuana Regulation Ordinance, all as amended from time to time.

Motel (see hotel).

(Ord. No. 1182021-1, § 1, 1-18-2021)

Natural feature means including but not limited to soils, wetlands, woodlots, landmark and specimen trees, floodplains, water bodies, groundwater, topography, vegetative cover, and geologic formations.

Neighbor means a property owner or tenant that owns or occupies a lot or building located adjacent, abutting, or within 300 feet of any lot line of the lot to which the property owner or tenant is considered a neighbor.

Nonconforming building or structure means a building, structure or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, and which does not conform to the provisions of the Ordinance as amended in the zoning district in which it is located.

Nonconforming lot means a lot that conformed with all Township zoning requirements at the time of its creation which no longer conforms to the requirements for lot area or lot width, and which has not been further subdivided or reduced in size.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereof, and that no longer conforms to the use regulations of the zoning district in which it is located.

Nursery (plant) means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for gardening, landscaping materials and related services.

Nursing home means a home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, wherein persons are provided care for compensation. Said home shall conform to, and be licensed under applicable State law.

(Ord. No. O21918-2, § 3, 1-24-2018)

Open air business means uses operated substantially in the open air, including, but not limited to:

A.

Bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sale, repair, rental, or storage services.

B.

Outdoor display and sale of garages, motor homes, manufactured homes, snowmobiles, farm implements, swimming pools, and similar activities.

C.

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

D.

Tennis courts, archery courts, shuffleboard, horseshoe courts, rifle ranges, miniature golf, golf driving ranges, children's amusement park or similar recreation uses (transient or permanent).

Open space means undeveloped land not part of any required yard which is set aside in a natural state, for recreational purposes, or for an agricultural use.

Open space, usable means that portion of the common open space which due to its slope, drainage characteristics and soil conditions can be used for active recreation.

Ordinary high water mark means as defined by Part 301 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. Where the water levels vary for purposes of water level management, the ordinary high water mark shall be the higher of the levels generally present.

Owner means a person holding legal or equitable title to a single-family dwelling. An owner may designate an agent to perform duties or receive notice under this Ordinance.

Owner's agent means an individual designated by the owner to oversee the rental of a single-family dwelling and to respond to calls from renters, neighbors, concerned citizens, and representatives from the Township.

(Ord. No. O21918-2, § 4, 1-24-2018)

Parallel plan means a method of determining appropriate density for an open space or planned unit development proposal whereby a layout is provided for the property which reflects a traditional design not using open space or planned unit development tools. The plan lays out lots in a proposed development to comply with ordinance regulations including such factors as minimum lot sizes, frontage requirements, access, lot orientation, and road layout.

Park means an area open to the general public and reserved for recreational, educational, or scenic purposes.

Parking lot means an off-street facility providing vehicular parking spaces, along with adequate drives, aisles, and maneuvering space to allow unrestricted ingress and egress to at least two vehicles.

Parking space means an off-street space of at least 180 square feet exclusive of necessary driveways, aisles, or maneuvering areas suitable to accommodate one motor vehicle and having direct unobstructed access to a road or alley.

Planned unit development (PUD) means a development of land planned and developed as a whole in a single project or series of phases. The PUD may include roads, utilities, buildings, open spaces, and other site features and improvements.

Planning Commission. See Commission, Planning.

Plat means a map or drawing of a subdivision of land, as specified by the Land Division Act (P.A. 288 of 1967, as amended).

Principal or main use means the primary purpose for which land or premises, or a building thereon, is designed, arranged, or intended, for which it is occupied, or maintained, let, or leased.

Private road means a privately owned and maintained thoroughfare meeting the requirements of Section 3.26 of this Ordinance and providing access to three or more individual lots or parcels.

Public road means a public thoroughfare which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, street, or other thoroughfare, except an alley.

Public utility means any governmental unit, board, or commission, or any person (under public regulation if a private agency) authorized to furnish, under Federal, State or municipal regulations, to the public, electricity, gas, steam, communications (except cellular telephone or commercial wireless communications towers), telegraph, transportation, wastewater disposal, water services, or other essential public service.

(Ord. No. O416-2-18, § 1, 4-16-2018)

Recreational vehicle means a vehicle intended for temporary or periodic use for recreational or leisure pursuits. Such vehicles shall include boats, airplanes, special purpose automobiles, floats, rafts, trailers, snowmobiles, camping or travel trailers, motorized homes, detachable travel equipment of the type adaptable to light trucks, and other similar transportable equipment or vehicles of a similar nature.

Rent or rental means the permission, provision, or offering of possession or occupancy of a single-family dwelling with some type of remuneration paid to the owner for a period of time by a person who is not the owner, pursuant to a written or verbal agreement.

Residential district means the Agricultural (AG), Rural Residential (RR), Lakeshore Residential (LR), Low Density Residential (LDR), Medium-Density Residential (MDR), and Manufactured Housing Community (MHC) Zoning Districts.

Right-of-way means land reserved, used, or to be used for a road, alley, walkway, or other public purposes.

Roadside stand means a building or structure designed or used for the seasonal display and/or sale of agricultural products.

Rotor means an element of a wind energy conversion system that acts as a multi-bladed airfoil assembly which attracts, through rotation, kinetic energy directly from the wind.

Rubbish means any solid waste, except human excreta, but including garbage, refuse, ashes, road cleanings, dead animals, offal and solid agricultural, commercial, industrial, hazardous and institutional wastes and construction waste resulting from the operation of a contractor.

(Ord. No. O21918-2, § 5, 1-24-2018)

Satellite dish means a parabolic dish designed for the purpose of transmitting and/or receiving microwave radio, television, satellite, or other electromagnetic energy signals, including as a part of the apparatus or device the main reflector, subreflector feed, amplifier and support structure.

SCADA tower means a freestanding tower containing instruments such as anemometers that is designed to provide present moment wind data for use by a Supervisory Control and Data Acquisition (SCADA) system.

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

Setback or setback area means the minimum required horizontal distance measured from the front, side, or rear lot line, as the case may be, which describes an area termed the required setback area on a lot or parcel.

Setback lines means:

A.

Front setback line. The line marking the required setback distance from the road easement line (right-of-way) of a public road or private easement, as applicable that establishes the minimum front yard setback area.

B.

Rear setback line. The line marking the required setback distance from the rear lot line which establishes the minimum rear yard setback area.

C.

Side setback line. Lines marking the required setback distance from the side lot lines which establish the minimum side yard setback area.

Sexually oriented business means an adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial establishment that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation or live performances which are characterized by an emphasis on the exposure of display of specified sexual activities or specified anatomical areas. For purposes of this Ordinance, an adult physical culture business shall also be considered as a sexually oriented business (see additional definitions in Section 15.03.GG).

Shadow flicker means alternating changes in light intensity caused by the sun setting or rising behind a moving blade of a wind energy conversion system casting flashing shadows.

Shared driveway means a privately owned and maintained thoroughfare meeting the requirements of Section 3.39 of this Ordinance and providing access to no more than two individual lots or parcels.

Short-term rental means the rental of any single-family dwelling for a term of less than 28 days in any calendar year; the definition does not include the use of campgrounds, hotel rooms, transitional housing operated by a non-profit entity, group homes such as nursing homes and adult foster care homes, hospitals, or housing provided by a substance-abuse rehabilitation clinic, mental-health facility, or other health-care related clinic.

Site Plan means the documents and drawings required by this Ordinance to ensure that a proposed land use or activity is in compliance with this Ordinance and State and Federal statutes.

Sound pressure means the average rate at which sound energy is transmitted through a unit area in a specified direction; the atmospheric pressure of a sound measured at a receiver.

Special events venue means rental space in a barn, accessory building, outside area, or tent for functions such as, but not limited to: wedding parties, conferences, service club meetings, and other similar gatherings, with or without the serving of food.

Special use means a use that, due to some characteristics of its operation, such as traffic, noise, odor, glare, or hours of operation, may be permitted in a district subject to special requirements different from those generally applicable to permitted uses within the zoning district in which the special use is located.

State licensed residential facility means a residential care facility licensed by the State of Michigan under Act 218 of 1979 of the Public Acts of Michigan, as amended, or Act 116 of 1973 of the Public Acts of Michigan, as amended, which provides resident care services under 24-hour supervision or care, but does not include facilities licensed by the State of Michigan for care and treatment of persons released from or assigned to correctional institutions.

A.

A State licensed residential family facility includes a State licensed residential facility providing resident services to six or fewer persons.

B.

A State licensed residential group facility includes a State licensed residential facility providing resident services to more than six persons.

Story means that portion of a building, other than a basement or mezzanine, included between the surface of any floor and the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this Ordinance, a basement or cellar shall be counted as a story only if over 50 percent of its height is above the level from which the height of the building is measured, or if it is used for business purposes.

Story, half means that part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half the floor area of said full story, provided the area contains at least 200 square feet and which contains a clear height of at least seven and one-half feet, at its highest point.

Structure means anything except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Subdivision means the partitioning or splitting of a parcel or tract of land in accordance with the requirements of the Land Division Act (P.A. 288 of 1967, as amended).

(Ord. No. O21918-2, § 6, 1-24-2018; Ord. No. O416-2-18, § 2, 4-16-2018)

Temporary building or use means a structure or use permitted to exist during a specified period as permitted by this Ordinance.

Tower height, for horizontal axis wind turbine rotors, means the distance between the ground and the highest point of the WECS, as measured from the ground, plus the length by which the rotor blade on a horizontally mounted WECS exceeds the structure which supports the rotor and blades; for a vertical axis wind turbine, the distance between the ground and the highest point of the WECS.

Township means Casco Township, Allegan County, Michigan.

Township Board means the Casco Township Board.

Use, compatible means a proposed use having a positive influence upon the existing uses within 300 feet, or having a symbiotic relationship to such adjacent uses, e.g., providing a use, activity or service for which there is a demonstrated need at or near the location chosen, or providing similar products or services to existing uses within 300 feet, thus creating a competitive area of attraction for persons seeking that type of enterprise.

Use, incompatible means a proposed use having a size, bulk, physical characteristics or activity characteristics that conflict with existing uses within 300 feet of the outer edges of the property upon which the new use is proposed.

An incompatible or conflicting characteristic is one that produces sound, odor, dust or light, in excess of pre-existing ambient conditions, at the property line of the source, or a use that overloads or reduces the efficiency of public facilities, to an extent that such proposed use could interfere, more than other reasonable permitted uses, with the rights of neighboring property owners or occupants.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except a mobile home.

Vehicle repair means any activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.

Vehicle service station means a building and lot or parcel designed or used for the retail sale of fuel, lubricants, air, water or other operating commodities for motor vehicles (including trucks, aircraft and boats) and including the customary space and facilities for the installation of such commodities on or in such vehicles and including space for storage, hand washing, minor repair, and servicing, but not including vehicle repair as defined in this Chapter.

Vehicle wash establishment means a building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

Wetland means land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life. Wetlands are regulated by Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

Wind energy conversion systems (WECS) definitions:

Wind energy conversion systems means a land use for generating electrical power by use of wind, including:

A.

A surface area, either variable or fixed, for utilizing the wind for electrical powers; and

B.

A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; and

C.

The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy; and

D.

The tower, pylon, or other structure upon which any, all, or some combination of the above are mounted; and

E.

Building or equipment accessory thereto.

WECS, abandonment means WECS and testing facilities where the operating agreement with the public utility has expired; or where the turbine(s) are obviously in disrepair and have remained inoperable for over 12 months or where the interconnect power lines have been removed; or where the generator(s) have been removed; or where the turbines have been removed.

WECS, commercial means a WECS tower placed upon land with the intent to sell or provide electricity to others. The tower may or may not be owned by the owner of the property upon which the tower is placed.

WECS, interconnected means a WECS which is electrically connected to the local electrical power utility and able to feed back power into the local electrical power utility grid.

WECS, single property, on-site use means a wind energy conversion system intended to primarily serve the needs of the property upon which the system is placed. This type of WECS shall not exceed 70 feet in height.

WECS, single property, on-site use, structure mounted means a wind energy conversion system intended to primarily serve the needs of the property upon which the system is placed and attached to a structure's roof, wall, or other elevated surface. The overall height of this type of WECS plus the structure on which it is mounted shall not exceed 70 feet in height, and may generate a maximum of 250 kilowatts.

WECS testing facility means an anemometer tower and other related structures and apparatus over 100 feet in height; also known as a SCADA tower.

WECS tower height means:

A.

Horizontal axis wind turbine rotors means the distance between the ground and the highest point of the WECS, as measured from the ground, plus the length by which the rotor blade on a horizontal mounted WECS exceeds the structure which supports the rotor and blades;

B.

Vertical axis wind turbine means the distance between the ground and the highest point of the WECS.

WECS, utility grid means a structure designed and built to provide electricity to the electrical power utility grid.

Wind farm means an interconnected wind energy conversion system consisting of two or more wind energy production structures with a combined nameplate generating capacity in excess of 250 kilowatts.

Wireless communications tower means a structure designed and constructed to support one or more antennas used for licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Yard means an open space of prescribed width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

A.

Yard, required front means an open space extending the full width of the lot, the uniform depth of which is the minimum prescribed horizontal setback distance measured at right angles to the front lot line.

B.

Yard, required rear means an open area extending across the full width of the lot, the uniform depth of which is the minimum prescribed horizontal setback distance measured at right angles to the rear lot line.

C.

Yard, required side means an open unoccupied area between a main building and the side lot lines, extending from the front yard area to the rear yard area. The width of the required side yard shall be measured horizontally from and at right angles to the nearest point of the side lot line.

Yard, front, rear, side means a general term describing the space on a lot or parcel containing a main building, lying between the main building and the respective front, rear and side property lines. This is normally larger in area than the required front, rear or side yard.

Zoning Act means the Michigan Zoning Enabling Act; Act 110 of 2006 of the Public Acts of Michigan, as amended.

Zoning Administrator means the person designated by the Township Board to administer the provisions of this Ordinance.

Zoning Board of Appeals, Board of Appeals, or ZBA means the Zoning Board of Appeals of Casco Township.

Zoning Compliance Permit means a permit signifying compliance with the provisions of this Ordinance as to design, use, activity, height, setbacks, density, site planning, special use status, or planned unit development status.