This chapter is enacted under Public Act No. 184 of 1943 (MCL 125.271 et seq.) to establish, in unincorporated areas of the township, zoning districts in which the location of trades and industries is regulated and restricted, and to regulate the use of land in the township and the location of buildings designed for specified uses, and restrict and determine the areas within which given forms of land utilization shall be prohibited; to designate in such districts the use of land for agriculture, recreation, residence, industries, trade, soil conservation, water supply conservation, natural resources, and the uses for which buildings and structures shall or shall not be erected, altered or moved and designate the trades and industries that shall be permitted or excluded or subjected to special regulations and in each of such districts, designating and limiting the location, height, floor area, number of stories and size of dwellings, buildings and structures hereafter erected, altered or moved; to regulate and limit the use of tent and automobile trailers and trailer coaches for community dwelling purposes; to regulate and determine the area of yards, courts and other open spaces; to restrict the number of persons and families which may be housed in dwellings hereafter erected or altered, and provide for the sanitary, safety and protective measures required for such dwellings, buildings, and structures, including tents and trailer coaches; to regulate and determine the areas to be used for agriculture and recreation; to designate the use of certain state-licensed residential facilities; to provide for the acquisition by purchase, condemnation or otherwise of nonconforming property; to provide for petitions and public hearings; to provide for amendments and supplements thereto; to provide for the administration and enforcement of this chapter; and to provide penalties for the violation of its provisions and the collection of building permit fees in benefited districts and of taxes therefor, and for amendments to this chapter.

(Comp. Ords. 1988, § 15.005)

This chapter is enacted pursuant to the authority conferred by the public acts of the state in such case made and provided and for the purposes of meeting the needs of the township's citizens for food, fiber, energy, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land; to ensure that the use of the land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population, transportation systems, and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility requirements; and to promote public health, safety, and welfare, all in accordance with a comprehensive plan.

(Comp. Ords. 1988, § 15.010)

(a)

The following rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

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

(3)

The term "building" or "structure" includes any part thereof.

(4)

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

(5)

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

(6)

Terms not defined in this chapter shall have the meaning customarily assigned to them.

(b)

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 and accessory structure mean a subordinate building or structure, which may be attached to or detached from the main building, but which is located on the same lot, the use of which is clearly incidental and accessory to that of the main building.

Accessory building or structure, attached. An accessory building or structure shall be considered attached to the main building or structure if it meets all of the following criteria:

(1)

It conforms to all regulations of this chapter applicable to attached accessory buildings as set forth in section 30-424.

(2)

One of the following conditions is present:

a.

The interior space, or any portion thereof, of the accessory building or structure is separated from the interior space, or any portion thereof, of the main building by a common wall (see the illustration in example A following this definition).

b.

The accessory building or structure does not share a common wall, but is attached to the main building by means of a covered, enclosed breezeway with footings below the frost line (see the illustration in example B following this definition).

(3)

The ground floor area of an attached accessory building or structure shall not exceed the ground floor living area of the main building.

ATTACHED ACCESSORY BUILDING EXAMPLE "A"

ATTACHED ACCESSORY BUILDING EXAMPLE "B"

Accessory building or structure, detached. An accessory building which is not attached to the main building (as defined in Accessory building or structure, attached ) shall be considered a detached accessory building.

Accessory sign means any sign that is accessory to the principal purpose of the site relating to business, service, or products including national brand products supplied at the site.

Accessory use and accessory.

(1)

An accessory use is a use which is clearly incidental to, customarily found in connection with and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related.

(2)

When the term "accessory" is used in the text, it shall have the same meaning as accessory use.

(3)

An accessory use includes, but is not limited to, the following:

a.

Residential accommodations for servants.

b.

Residential accommodations for caretakers.

c.

Swimming pools for use of the occupants of a residence or their guests.

d.

Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.

e.

Home occupations.

f.

A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

g.

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

h.

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

i.

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.

j.

Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.

k.

Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

l.

Boathouses used for the accessory storage of not more than two boats on any lot or parcel.

Agriculture means farms and general farming, including horticulture, floriculture, dairying, livestock, and poultry raising, farm forestry, and other similar enterprises or uses, but no farms shall be operated for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the commercial slaughtering of animals. Agriculture shall specifically exclude farms operated that utilize a flesh form of fish, fowl, or animal tissue as a feeding material.

Alley means any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

Alteration (sign) means a change in size or shape of an existing sign. Copy or color change of an existing sign in conformance with the regulations of this [chapter], is not an alteration. Changing or replacing a sign face or panel in conformance with the regulations of this [chapter], is not an alteration.

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

Anemometer tower means a freestanding tower (or other structural means of mounting) containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system which is a temporary accessory land use to either a proposed on-site use wind energy system (windmill) or a utility grid wind energy system (wind farm).

Animal nuisance means any excessive odor, excessive noise, dust, destruction, attraction of flies or other objectionable insects, creation of objectionable and/or unhealthful effluent, or other adverse condition caused by, or made worse by an animal(s). (Also see the definition of Nuisance factor.)

Animated sign means a sign that uses movement or change of lighting, including a flashing sign, to depict action or create effect of scene.

Apartments means dwelling units in a multiple dwelling as defined as follows:

(1)

Efficiency apartment means a dwelling unit containing a minimum of 500 square feet of floor area, and consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities, and for the purposes of computing density shall be considered as a one-room unit.

(2)

One-bedroom unit means a dwelling unit containing a minimum floor area of at least 600 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining, and necessary sanitary facilities, and for the purposes of computing density shall be considered as a two-room unit.

(3)

Two-bedroom unit means a dwelling unit containing a minimum floor area of at least 800 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining, and necessary sanitary facilities, and for the purposes of computing density shall be considered as a three-room unit.

(4)

Three- or more bedroom unit means a dwelling unit wherein, for each room in addition to the three rooms permitted in a two-bedroom unit, there shall be provided an additional area of 300 square feet to the minimum floor area of 800 square feet. For the purpose of computing density, a three-bedroom unit shall be considered as a four-room unit and each increase in a bedroom over three shall be an increase in the room count by one over the four.

Area of sign means the area of the sign in square feet displaying lettering and imagery, including the background display. Structural components such as poles, supports, framing structure, or base shall not be included as sign area.

Auto service station means a place where gasoline, or any other vehicular engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of mobile vehicles), are retailed directly to the public on the premises, including the sale of minor accessories and the servicing of and minor repair of automobiles.

Banner means a sign that is produced on a non-rigid surface on which copy or graphics may be displayed.

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

Basement and Story

Beacon means a light with one or more beams, capable of being directed in any direction.

Bed and breakfast means an establishment located in a building originally constructed as a private residence, in which an innkeeper resides and offers rooms for rent on a short-term basis consisting of 14 consecutive nights or less, and in which meals may be offered to guests renting these rooms.

Billboard means an off-site or non-accessory outdoor sign which advertises a business use or service not conducted on the premises upon which the sign is placed. Billboard structures are generally leased or rented and designed with changeable copy.

Block means subdivided property surrounded by, but not separated by, one or more of the following: streets, railroad rights-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the township.

Boardinghouse means a dwelling in which lodging, or lodging and meals, are furnished to guests for compensation.

Boathouse means a house or shed for sheltering one or more boats.

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

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building Height

Building line means a line formed by the face of the building. For the purposes of this chapter, a minimum building line is the same as a front setback line.

Building Line

Changeable copy sign means a sign with a changeable message.

Child care center (also known as a day care center ) means a facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. Child care centers are licensed by the State of Michigan under Public Act 116 of 1973, as amended. Child care center or day care center does not include:

(1)

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

(2)

A facility operated by a religious organization where children are cared for not more than three hours while parents or guardians attend religious worship services.

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

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

Communication tower means a radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or to another structure, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. A communication tower shall not be included under the existing definition of essential services.

Condominium.

(1)

Common elements means the portions of the condominium other than the condominium units.

(2)

Condominium Act means Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(3)

Condominium subdivision means a subdivision as defined in chapter 12, article III.

(4)

Condominium subdivision plan means site, survey, and utility plans, floor plans, and sections, as appropriate, showing the existing and proposed structures and improvements, including the location thereof on the land. The condominium subdivision plan shall show the size, location, area, vertical boundaries, and volume for each unit composed of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location, and approximate size of common elements.

(5)

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

(6)

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this ordinance and the Condominium Act.

(7)

Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this ordinance and the Condominium Act.

(8)

Expandable condominium means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with the condominium regulations of this chapter and the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(9)

Master deed means the condominium document recording the condominium project as approved by the zoning administrator to which are attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

(10)

General common elements means the common elements other than the limited common elements.

(11)

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

Condominium, site means for the purposes of this ordinance, a site condominium is a subdivision of land created and recorded pursuant to the Condominium Act (P.A. 59 of 1978, as amended), and the provisions of this ordinance, containing two or more units of land designed and intended for separate ownership and use, and which may or may not contain general and limited common elements. Except as otherwise specifically provided, a condominium unit is not a "lot" or "parcel" as those terms are used in this ordinance.

Convalescent home, home for the aged, or nursing home means a home for the care of children, or the aged, or infirm, or a place of rest for those suffering bodily disorders, and licensed or required to be licensed by the State of Michigan, but not including housing for the elderly where such persons live independently in individual apartment units.

Copy means the words, letters, numerals, figures, designs, symbols, insignia, trademarks, and background on a sign surface in either permanent or changeable form.

Development means the construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use.

Directional or informational sign means an on-premises sign giving directions or instructions.

District means a portion of the unincorporated area of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Double-faced sign means a sign with two faces.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

Driveway means a driveway which provides access to a parcel or premises having the required frontage on a public street or private road which is built in accordance with generally accepted construction practices sufficient to provide passage for emergency vehicles and fire trucks. This passageway is to be of definite width, primarily for use by motor vehicles, over private property, loading from a street, other public way, or private road to a garage or parking area. A horseshoe shape drive or a "T" shape drive located within a front yard is included within this definition.

Dwelling, multiple-family, means a building, or portion thereof, containing three or more dwelling units designed exclusively for occupancy by three or more families living independently of each other and conforming in all other respects to the standards set forth under Dwelling, single-family .

Dwelling, single-family, means a building containing not more than one dwelling unit designed exclusively for and occupied exclusively by one family, complying with the following standards:

(1)

It shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.

(2)

It shall have a minimum width across any front, side or rear elevation of 24 feet and comply in all respects with the township building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the township building code, then and in that event such federal or state standard or regulation shall apply.

(3)

It shall be firmly attached to a permanent foundation constructed on the site in accordance with the township building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. If the dwelling is a mobile home, such dwelling shall, in addition thereto, be installed pursuant to the manufacturer's set-up instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the state mobile home commission and shall have a perimeter wall as required in this subsection.

(4)

If a dwelling is a mobile home, the mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

(5)

The dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the local health department.

(6)

The dwelling shall contain a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with a roof overhang of not less than 12 inches on all sides; shall have a roof pitch ratio of not less than 5:12 (five vertical to 12 horizontal); shall have not less than two exterior doors with the second one being in either the rear or side of the dwelling; and shall contain permanently installed steps connected to the exterior door areas or to permanently installed porches connected to the door areas where a difference in elevation requires such steps.

(8)

Additions may be made to dwellings which existed prior to the effective date of the ordinance from which this chapter is derived and which do not comply with some or all of the requirements in this definition relative to roof pitch, overhang, or building width, provided that the roof pitch, overhang, or building width of the proposed addition will meet or exceed that of the existing dwelling.

(9)

The dwelling shall contain no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required in this definition.

(10)

The dwelling shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing or electrical apparatus and insulation within and connected to the mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(11)

The standards in subsections (1) through (10) this definition shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the township pertaining to such parks.

(12)

All construction required in this definition shall be commenced only after a building permit has been obtained in accordance with the applicable township building code provisions and requirements.

Dwelling, two-family, means a building containing not more than two separate dwelling units designed exclusively for occupancy by two families living independently of each other and conforming in all other aspects to the standards set forth under Dwelling, single-family .

Dwelling unit means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

Electronic message sign means a sign with a fixed or changeable display or message composed of a series of lights or message composed of a series of lights that may be changed through electronic means.

Erected means built, constructed, altered, reconstructed, or moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, and police call boxes, traffic signals, hydrants, and similar equipment in connection therewith, but not including towers, or high pressure gas lines, or buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare.

Excavation means any breaking of ground, except common household gardening and ground care or operations normally associated with or incidental to farming and agriculture.

Family means one or two persons or parents, with their direct lineal descendants or dependent children (including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling, composing a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter. For purposes of this chapter, six or fewer persons residing in a residential care facility licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.) shall be deemed a family.

Family (child) day care home (licensed) means a private home (dwelling) in which one but fewer than seven children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. Family day care homes are licensed by the State of Michigan under Public Act 116 of 1973, as amended.

Farm means an establishment engaged in growing crops, sod, plants, trees, shrubs, nursery stock; an establishment engaged in dairying, the maintaining or the raising of livestock and poultry, the keeping of horses, small animals, as well as other similar enterprises or uses.

A farm includes farm buildings such as barns, greenhouses, apiaries and other similar structures.

A farm's land area includes all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of his household or hired employees.

Requirements for a farm by this zoning ordinance are given under section 30-122(7) and (8). Additional requirements for feedlots, chicken hatcheries, poultry farms and swineries are found under section 30-567.

Feedlot means an animal feeding operation is a concentrated animal feeding operation for the purposes of § 122.23 (Under 40 CFR 122, Appendix B) and for the purpose of defining a "feedlot" under this zoning ordinance, if either of the following criteria are met.

(1)

More than the numbers of animals specified in any of the following categories are confined:

a.

1,000 slaughter and feeder cattle,

b.

700 mature dairy cattle (whether milked or dry cows),

c.

2,500 swine each weighing over 25 kilograms (approx. 55 pounds),

d.

500 horses,

e.

10,000 sheep or lambs,

f.

55,000 turkeys,

g.

100,000 laying hens or broilers (if the facility has continuous overflow watering),

h.

30,000 laying hens or broilers (if the facility has a liquid manure system),

i.

5,000 ducks, or

j.

1,000 animal units ¹ as a result of any combination; or

Not withstanding the above schedule, the following schedule shall apply in cases where one of the following conditions are met:

(2)

More than the following number and types of animals are confined:

a.

300 slaughter or feeder cattle,

b.

200 mature dairy cattle (whether milked or dry cows),

c.

750 swine each weighing over 25 kilograms (approx. 55 pounds),

d.

150 horses,

e.

3,000 sheep or lambs,

f.

16,500 turkeys,

g.

30,000 laying hens or broilers (if the facility has continuous overflow watering),

h.

9,000 laying hens or broilers (if the facility has a liquid manure handling system),

i.

1,500 ducks, or

j.

300 animal units ¹ as a result of any combination:

Provided, however, that no animal feeding operation is a concentrated animal feeding operation (feedlot) as defined above under schedule b. if such animal feeding operation discharges only in the event of a 25 year, 24-hour storm event.

The term animal unit means a unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 25 kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

Fence means a structure of definite height and location to serve as an enclosure in carrying out the requirements of this chapter.

Fence, obscuring, means a structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

Festoon sign means a sign that contains an intermittent or sequential flashing light source, but does not include signs which through reflection or other means, create an illusion of flashing or intermittent light.

Floodplain means those areas of land adjacent to the rivers, and other water courses of the township, subject to seasonal or periodic flooding.

More particular definitions of floodplain are the 100-year or 500-year floodplains as defined and mapped, delineating the respective flood elevations and geographic areas of flooding under the U.S. Federal Emergency Management Agency's national flood insurance program.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls or from the centerline of walls separating two buildings. In particular, gross floor area includes basement space; elevator shafts or stairwells; floorspace for mechanical equipment, penthouses, balconies, mezzanines, enclosed porches, and accessory buildings; and attic floorspace (whether or not floors have been laid) providing structural headroom of seven feet six inches. Gross floor area shall not include elevator or stair bulkheads, accessory water tanks, or cooling towers, uncovered steps, attic space less than seven feet six inches and open porches, terraces or breezeways, provided that not more than 50 percent of the perimeter of such terrace, breezeway or open porch is enclosed.

Floor area, residential. For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor area, usable, for the purposes of computing parking, means that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities or sanitary facilities shall be excluded from the computation of usable floor area. 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.

Foster family home (private home) means a private residence (dwelling) in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency. Private home includes a full-time foster family home, a full-time foster family group home, or a family day care home, as follows:

(1)

"Foster family home" is a private home (dwelling) in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code (MCL 710.21—710.70) are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

(2)

"Foster family group home" means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood, marriage, or who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code (MCL 710.21—710.70) are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

Garage, commercial parking, means a building or other structure which:

(1)

Is used for the storage of boats for hire or parking of motor vehicles.

(2)

Is not accessory to a use on the same or another zoning lot.

Garage, private, means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.

Garage, service, means any premises used for the storage or care of motor-driven vehicles or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of the total average grade.

Greenbelt means a strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.

Group (child) day care home means a private home (dwelling) in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. Group day care homes are licensed by the State of Michigan under Public Act 116 of 1973, as amended.

Gun club means any club, organization, individual, group of individuals, or use, whether operated for profit or not, which caters to or allows the use of firearms.

Height of sign means the vertical distance as measured from the bottom of the sign base to the highest point of the sign including its framing structure.

Home occupation means an occupation that is traditionally and customarily carried on in the home, being primarily incidental to the principal residential use. (See section 30-122.)

Hotel means a building or part of a building, with a common entrance, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:

(1)

Maid service.

(2)

Furnished linen.

(3)

Telephone, secretarial, or desk service.

(4)

Bellboy service.

Illuminated sign means a sign with an artificial light source incorporated internally or externally.

Incidental signs means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of incidental signs include credit card signs, signs indicating the hours of business, no smoking signs, signs used to designate bathrooms, and signs providing information on credit cards and business affiliations.

Inflatable sign means a temporary sign consisting of a bag or balloon inflated with gas or air.

Junkyard means an 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 metal, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk.

Kennel, commercial, means any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded for commercial purposes. The term "kennel" shall also include any lot or premises where household pets are bred or sold commercially.

Landscaping means the treatment of the ground surface with live, organic, or synthetic materials such as, but not limited to, grass, ground cover, crushed stone, trees, shrubs, vines and other growing or synthetic horticultural material. Structural features such as fountains, shadow pools, statues, garden walls, pathways, benches and the like shall also be considered elements of landscaping, but such structural features alone shall not meet the spirit and intent of landscaping requirements.

Large solar energy system means a utility-scale solar energy conversion system consisting of multiple ground-mounted solar arrays in rows, and associated control or conversion electronics, occupying more than five acres of land, and that will be used to produce utility power for off-site customers.

Livestock, large means large cattle and other bovines, horses and other equines, llamas, alpaca, hogs, and other livestock of similar size and resource intensity.

Livestock, small means sheep, goats, and other livestock of a similar size and resource intensity.

Loading space means an off-street space on the same lot with a building, or group of buildings, for the temporary parking of commercial vehicles while loading merchandise or materials.

Lot means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public record.

Interior, Through and Corner Lots

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

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

Lot coverage means the part or percentage of the lot occupied by buildings, including accessory buildings.

Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot, interior, means any lot other than a corner lot.

Lot lines means the lines defining the limits of a lot as described as follows:

(1)

Front lot line, in the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot or double frontage lot, the front lot line is that line separating the lot from either street.

(2)

Rear lot line is that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.

(3)

Side lot line is any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot of record means a parcel of land, the dimensions of which are described in a document or shown on a map on file with the county register of deeds or in common use by township or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot, through, means any interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot. In the base of a row of double frontage lots, all sides of the lots adjacent to streets shall be considered frontage and front yards shall be provided as required.

Lot width means the straight line horizontal distance between the side lot lines, measured at the two points where the minimum building line, or setback line, intersects the side lot lines.

Lot, zoning, means a single tract of land, located within a single block, which, at the time of filing of a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot shall satisfy this chapter with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record, but may include it.

Main building means a building in which is conducted the principal use of the lot upon which it is situated.

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

Manufactured home:

Manufactured home: A dwelling unit which is designed for long-term residential occupancy and is wholly or largely fabricated at an off-site location.

Manufactured home condominium projects: A parcel of land under joint ownership which has been planned and improved for the placement of manufactured or mobile homes for non-transient use, upon individual, separate condominium unit envelopes.

Manufactured home lot or site: A parcel of land for the placement of a single manufactured or mobile home and exclusive use of its occupants within a licensed manufactured or mobile home community (previous term "park"), a condominium project or subdivision project or development.

Manufactured home stand: That part of an individual lot which has been reserved for the placement of the manufactured or mobile home, appurtenant structures or additions.

Manufactured home subdivision: A parcel of land under single ownership which has been planned and improved for the placement of manufactured or mobile homes for non-transient use on individual lots and for the purpose of selling the lots.

Manufactured housing: A structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation as a dwelling unit when connected to required utilities, and the plumbing, heating air conditioning and electrical systems contained within the structure.

Manufactured housing community: A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis and which are offered to the public for that purpose. A recreational vehicle park or campground is not a manufactured home community. The older term "mobile home park" is often used by individuals as an equivalent term.

Manufactured housing community license: A written license issued by the manufactured housing commission allowing a person to operate and maintain a manufactured housing community under the provisions of Michigan Public Acts 96 of 1987, as amended, and this ordinance and regulations issued hereunder.

Marginal access road means a service roadway parallel to a feeder road and which provides access to abutting properties and protection from through traffic.

Master plan means the comprehensive plan including graphic and written proposals indicating the general location for streets, 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 or parts thereof. Such plan may or may not be adopted by the planning commission and/or the township board.

Medium solar energy system means a private on-site or utility-scale solar energy conversion system consisting of many roof panels, ground-mounted solar arrays, and associated control or conversion electronics, occupying more than one acre and no more than five acres of land, and that will be used to produce utility power for on-site or off-site uses.

Membership organizations include community service clubs, lodges, church halls, catering or rental halls, fraternal organizations, and the like.

Mezzanine means an intermediate floor in any story occupying not to exceed 30 percent of the floor area of such story.

Miniwarehouse means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of customers' goods or wares.

Monument sign (ground sign) means a sign that is not attached to a building or structure with a base that sits on the ground and is solid in appearance from the base to the top of the sign, with no exposed structural supports.

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

Motor home means a self-propelled, vehicle licensed to be operated on public roads, which vehicle is built upon a chassis (or equivalent), and is intended for recreation activities and only temporary occupancy.

Moving sign means a sign which has any visible portion in motion, either constantly or intermittently.

Municipality means the Township of China.

Noise means sound vibrations which either annoys, injures, or endangers the comfort, repose, health, or safety of a person(s), unless the making and continuing of the noise is necessary for the protection or preservation of property or the health, safety, life or limb of a person(s).

Non-accessory sign means any sign advertising for a business, product, or activity at a different location, including billboards.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived or at the effective date of an amendment to this chapter and that does not conform to the use regulations of the district in which it is located.

Nonconforming lot means a lot (or parcel) which exists as a legal lot of record and which existed as a legal lot of record at the effective date of this ordinance (or an amendment which bears on a lot of record) from which this chapter is derived, which lot does not conform to the lot requirements of the district in which it is located.

Nonconforming sign means a sign that was erected legally, but which does not comply with subsequently enacted ordinance changes.

Nonconforming structure means a lawful structure or portion thereof which existed at the effective date of this ordinance (or an amendment which bears on a lawful structure) from which this chapter is derived, which structure could not be built under the terms of this ordinance by means of restrictions on area, lot coverage, height, yards or other dimensional requirements of the district in which it is located.

Nonconforming use means a use which lawfully occupied a structure or land at the effective date of this ordinance (or an amendment which bears on a lawful use) from which this chapter is derived, which use does not conform to the use regulations of the district in which it is located.

Nuisance factor 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 activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as:

(1)

Noise.

(2)

Dust.

(3)

Smoke.

(4)

Odor.

(5)

Glare.

(6)

Fumes.

(7)

Flashes.

(8)

Vibration.

(9)

Shock waves.

(10)

Heat.

(11)

Electronic or atomic radiation.

(12)

Objectionable effluent.

(13)

Noise of congregation of people, particularly at night.

(14)

Passenger traffic.

(15)

Invasion of nonabutting street frontage by traffic.

Nursery means an area for the growing of plant materials, not offered for sale on the premises.

Nursery, plant material, means a space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Off-premise sign means a sign located off-premise and provides either a commercial or non-commercial message, including, but not limited to, billboards.

Off-street parking lot means a facility providing vehicular parking spaces. along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.

On-site use wind energy system means a wind energy conversion system (windmill) which converts wind energy into electricity (or other form of usable energy) through the use of a wind turbine generator and includes turbine, blades, and tower as well as related electrical equipment. The energy produced is intended to be primarily used on-site.

Open air business uses shall be interpreted to include the following uses:

(1)

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies, and home improvement equipment such as lawn movers, fertilizer spreaders, lawn rollers, etc.

(2)

Retail sale of fruits and vegetables.

(3)

Rental or sale of bicycles, recreational vehicles, manufactured homes, trailers, motor vehicles, boats, or small hand equipment.

(4)

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

Open front store means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair stations or automobile service stations.

Open space means that part of a zoning lot, including courts or yards, which:

(1)

Is open and unobstructed from its lowest level to the sky; and

(2)

Is accessible to all residents upon the zoning lot; and

(3)

Is not part of the roof of that portion of a building containing dwelling units; or

(4)

Is the roof of an attached garage if the roof is used for a swimming pool deck or recreational deck and is not higher than 23 feet above grade and is directly accessible by a passageway from the residential building.

Parapet means the extension of a building wall above the roofline.

Parking space means an area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the storage or parking of permitted vehicles.

Pennant means a small flag, either unadorned or with graphic or verbal material, displayed from a pole, rope or other support.

Plat, recorded, means a map or chart of a subdivision of land which has been duly recorded and filed with the county register of deeds in accordance with the provisions of the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), or previously enacted state statute superseded by such act. An assessor's plat or supervisor's plat shall also be considered as a recorded plat for the purposes of this chapter.

Pond means a permanent body of water, usually smaller than a lake, artificially created by embankment or excavation, intended for any of the specific uses permitted in section 30-440.

Porch, open means a covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

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

Private road means a privately owned and maintained road or road easement allowing access to more than one parcel or premises complying with the requirements of the China Township Private Road regulations (see section 30-444), including a privately owned and maintained easement for ingress and egress, whether pre-existing or not. (Also see the definition of Street).

In the case of a "site condominium," as defined and as regulated by this ordinance, the principal means of access to abutting "units of ownership" may be provided by a private road, provided it is constructed and maintained to meet the same standard for public streets within the township, as established by the St. Clair County Road Commission or by the township, which ever standard shall be higher.

Private use landing areas means any location, either on land or water, that is used for the takeoff or landing of aircraft, and its use is restricted to the owner or persons authorized by the owner. Commercial operations shall not be conducted on a private use landing area.

Projecting sign means a sign, other than a flat wall sign, suspended from or supported, by a building or structure and projecting therefrom, including marquees.

Public utility means a person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public gas, steam, electricity, sewage disposal, communications, telegraph, transportation or water.

Pylon sign (pole sign) means a sign with one or more poles as its support or base that is not attached to a building.

Responsible person means the owner and/or lessee of real property upon which a sign is located or any person with an ownership, license or contractual interest in the sign itself.

Restaurant, carry-out means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state and whose design or method of operation includes both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are usually served in edible containers (e.g. ice cream cones) or paper, plastic, or other disposable containers.

(2)

The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

Restaurant, drive-in means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.

(2)

The consumption of foods, frozen desserts, or beverages within motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is allowed, encouraged, or permitted.

Restaurant, fast-food means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building, for the carry-out with consumption off the premises or for obtaining on a drive-through basis with consumption off the premises, and whose design or principal method of operation includes both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are usually served in edible containers (e.g. ice cream cones) or in paper, plastic, or other disposable containers.

(2)

The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

Restaurant, standard means any establishment whose principal business is the sale of foods, frozen deserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.

(2)

A cafeteria-type operation where foods, frozen desserts, or beverages generally are consumed within the restaurant building.

Roadside stand means a temporary open front stand so designed that service to the patron does not require entering the building, and used solely for the sale of farm products and for sale of the by-products of agricultural produce.

Roof sign means a sign erected over or on the roof of a building.

Room, for the purpose of determining lot area requirements and density in a multiple-family district, means a living room, dining room, and bedroom each equal to at least 80 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. In a one-, two- or three-bedroom unit, a den, library or other extra room shall count as a bedroom for the purpose of computing density.

Sandwich sign means a double-faced sign made of wood, metal, or other durable materials, containing a hinged top and an opening at the bottom where the boards can lean against each other when placed on the ground.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configuration and is in the shape of a shallow dish, parabola, cone or horn. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas which have a dimension greater than one meter (3.3 feet) in residential districts or greater than two meters (6.6 feet) in non-residential districts.

Sign means a structure and material that displays letters, words, numerals, figures, designs, symbols, trademarks, or other illumination devices or insignia.

Sign base means a structure that supports a sign and is constructed of solid material, such as brick, concrete, stone, or treated lumber, or a pole(s) that is enclosed in a structure covered with durable materials.

Small solar energy system means a single residential or small business scale solar energy conversion system consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one acre of land, and that will be used only to produce utility power for on-site users.

Stable, public, means building or land where for remuneration or sale, horses are kept, boarded, ridden, shown, or are otherwise hired out for use.

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state pursuant to Act No. 287 of the Public Acts of 1972, as amended, which provides resident services for six or less persons under 24-hour supervision or care for persons in need of that supervision or care.

Story means that part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50 percent, by cubic content, is below the height level of the adjoining ground.

Story, half, means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

Street means a public thoroughfare, other than an alley, which affords the principal means of access to abutting property and which has been officially accepted as a public street or thoroughfare.

In the case of a "site condominium," as defined and as regulated by this ordinance, the principal means of access to abutting "units of ownership" may be provided by a public street. (Also see the definition of Private road.)

Structural alterations means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof, or any additional floor space added to the building.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including earthen structures and berms.

Temporary sign means a sign not attached to a permanent supporting structure on the property on which it is located, which is displayed for a limited period of time as set forth by this [chapter].

Temporary use or building means a use or building permitted by the board of appeals to exist during a specified period of time.

Tents means a shelter of canvas or the like supported by poles and in many cases fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.

Thoroughfare (major, secondary, collector) means an arterial road or street which is intended to serve as a large volume traffic-way for both an immediate township (municipal) area and a region beyond, and is designated as a thoroughfare in the China Township Thoroughfare Plan within the adopted Comprehensive Master Plan for the Charter Township of China, Michigan. A thoroughfare may also be separately known as a state highway, a highway, a county primary road, or similar terms.

Travel trailer and motor home mean a vehicle designed as a travel unit for occupancy as a temporary or seasonal vacation living unit.

Use means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Use, change of means a modification or deviation from the original purpose, occupancy, utilization or classification of a building, structure or parcel or tract of land. The term is inclusive of (a) a discernible increase in the intensity of use, which by ordinance imposes more restrictive parking requirements or other more restrictive characteristics of use or (b) an alteration by change of use in a building heretofore existing to a new use group, as defined in the Michigan Building Code, which imposes other special provisions of law governing building construction equipment or means of ingress/egress.

Use, increase in the intensity of means a discernible increase in the level or volume of activity generated by a change in use or an increase in floor area or an increase in land area configurations.

Uses permitted upon special approval is based upon the division of the township into districts, in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, there is a need to carefully regulate them with respect to their location for the protection of the community. These uses, due to their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

Utility grid wind energy system (wind farms) means a wind energy conversion system (windmill(s)) which converts wind energy into electricity (or other form of usable energy) through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. One or more windmills may be involved and the energy produced is intended to be primarily used off-site. Off-site wiring to connect the wind energy conversion system to the grid is not included in this definition.

Utility structure means facilities related to and necessary for the operation of: oil, gas, water pipelines, sewer pipelines, electrical transmission lines, telephone and telegraph lines, oil and gas wells and underground storage fields. Included are such facilities as pumping stations, compressor stations, transformer stations, and switching stations.

Variance means a modification of the literal provisions of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. (Also see sections 30-61—30-69.)

Vehicle sign means a sign which is painted, affixed or attached to a motor vehicle, whether licensed or not, parked or placed conspicuously upon a site primarily for advertising purposes. Signs on licensed commercial vehicles in daily off-site use, are excluded from this definition.

Wall sign means a sign which is attached directly to the wall of a building, and which extends not more than 12 inches from the wall, including window signs.

Window sign means a sign installed on a window, either on the exterior or interior or the window, with the intent to display externally.

Yards means the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and defined as follows:

(1)

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

(2)

Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

(3)

Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

(4)

Required yard means that portion of a front, side, or rear yard lying between the front, side or rear lot line and the corresponding front, side or rear minimum setback line.

Zoning compliance permit means a document signed by the zoning administrator, as required in the zoning ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the township zoning ordinance or authorized variance therefrom.

(Comp. Ords. 1988, §§ 15.040, 15.041; Ord. No. 133, art. 1, 5-20-2002; Ord. No. 137, art. 1, 4-14-2003; Ord. No. 139, art. 1, 4-19-2004; Ord. No. 146, 1-21-2008; Ord. No. 148, 12-15-2008; Ord. No. 151, art. 1, 5-17-2010; Ord. No. 161 , § 1.1, 10-17-2016; Ord. No. 163 , §§ 1, 2, 2-19-2018; Ord. No. 164 , § 1, 2-19-2018)

Cross reference— Definitions generally, § 1-2.

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Comp. Ords. 1988, § 15.785)

The township board may, upon recommendation from the planning commission, amend, supplement or change the regulations or the district boundaries of this chapter pursuant to the authority and according to the procedure set forth in Public Act No. 184 of 1943 (MCL 125.271 et seq.). Whenever a petitioner requests a zoning district boundary amendment, he shall be the fee holder owner of the premises concerned or else have the fee holder owner also subscribe to his petition, and shall submit a petition for rezoning to the township clerk. Any applicant desiring to have any change made in this chapter shall, with his petition for such change, deposit the required fee as established by the township board, which fee shall be paid over to the township clerk at the time the petition is filed to cover the administrative, publication and attendant miscellaneous costs involved with the petition, and such fee shall be deposited in the general fund of the township.

(Comp. Ords. 1988, § 15.765)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, or zoning classification or any permissible activities under this chapter, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Comp. Ords. 1988, § 15.805)