All words used in the present tense shall include the future, all words in the singular number include the plural number, and all words in the plural number include the singular number; the word "building" includes the word "structure," and "dwelling" includes "residence"; the word "person" includes "corporation," "co-partnership," and "association" as well as an "individual"; the word "shall" is mandatory and directory. All citations to the Public Acts of Michigan and/or MCL shall be construed as followed by the words "as amended." Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. of 11-12-1987, § 2.01)

For the purpose of this Ordinance, the following terms and words are defined as follows:

Accessory Building—See "Building, Accessory."

Accessory Use—See "Use, Accessory."

Agriculture—Farms and general farming, including horticulture, floriculture, dairying, livestock and poultry raising, farm forestry, and other similar enterprises or uses, including animals that have been raised on the premises for the use and consumption of persons residing on the premises.

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

Apartments—The dwelling units in a multiple-family dwelling as defined herein:

Efficiency Unit—A dwelling unit consisting of not more than one room, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density shall be considered as a one room unit.

One-Bedroom Unit—A dwelling unit consisting of not more than two rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a two room unit.

Two-Bedroom Unit—A dwelling unit consisting of not more than three rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a three room unit.

Three- or-More-Bedroom Unit—A dwelling unit wherein for each room in addition to the three rooms permitted in a two bedroom unit, and for the purpose of computing density, said three-bedroom unit shall be considered 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.

Appeal—See "Zoning Appeal."

Automobile Car Wash—A building, or portion thereof, where self-propelled motor vehicles are washed as a commercial enterprise.

Automobile Repair—A place where, with or without the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; or painting and undercoating of motor vehicles.

Automobile Service—A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to public on premises, including sale of minor accessories and service for automobiles.

Basement—That portion of a building partly below grade, but so located that the vertical distance from grade level to the basement floor is greater than the vertical distance from the grade level to the basement ceiling. A basement shall not be included as a story for height measurement, nor counted as floor area, unless the room has walk-out capability. A walk-out basement shall be defined as a room with at least one wall below grade which provides barrier-free access to the exterior of the structure and with at least 50 percent of one wall with no grade and two exits which are fire escape routes.

Battery management system—An electronic regulator that manages a Utility-Scale Battery Energy Storage System by monitoring individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access and capable of shutting down the system before operating outside safe parameters.

Bedroom—A dwelling room used for or intended to be used safely for sleeping purposes by human beings.

Block—The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or stream; or between any of the foregoing and any other barrier to the continuity of development.

Board of Appeals—See "Zoning Board of Appeals."

Building—An independent structure, either temporary or permanent, having a room supported by columns or walls, including sheds, garages, stables, greenhouses, or other accessory structures. A detached building is one separated on all sides from adjacent buildings by open spaces from the ground up. When any portion thereof is completely separated from every other part thereof, by division walls from the ground up, and without openings, each portion of such structure shall be deemed a separate building.

Building, Accessory—Supplemental building or structure on the same lot or parcel of land as the main building or buildings, or part of the main building occupied by or devoted exclusively to any accessory uses, but such use shall not include any building used for dwelling, residential or lodging purposes, or sleeping quarters for human beings.

Building Area—The space remaining after the minimum open space requirements of this Ordinance have been complied with.

Building, Farm—Any building or structure, other than a dwelling, maintained, used or built on a farm which is essential and customarily used on farms of that type in the Township for the pursuit of agricultural activities, including the storage or housing of farm implements, produce or farm animals.

Building Height—The vertical distance 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 gables, 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 Line—A line formed by the face of the building, and for the purposes of this Ordinance, a minimum building line is the same as the front setback line.

Building, Main—The building or structure in which the principal use or activity on a lot or parcel takes place.

Building Permit—The written authority issued by the County Building Department in conformity with the provisions of the Construction Code Ordinance.

Building, Principal—A building in which is conducted the principal use of the premises on which it is situated.

Building Setback Line—The line formed by the outer surface of a structure or enclosure wall at or with the finished grade or surface of the ground; pertaining to defining those minimum (building) setback lines which are established, in general, parallel to the front road right-of-way and within which setback area no part of a building shall project or be located, except as otherwise provided for by this Ordinance.

Building, Temporary—See "Use, Temporary."

Campground—The uses and activities which take place on a lot or parcel of land for a temporary, short term, not to exceed four weeks at any one period of stay or reservation, resort or recreation purpose.

Clinic, Animal—A building or group of buildings and/or structure where domestic animals are admitted for examination, treatment and care by a licensed veterinarian or related paraprofessionals and technicians and where such animals may be provided with overnight housing.

Clinic, Human—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 such human patients are not lodged therein overnight.

Club—An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit, and open only to members and not the general public.

Commercial—A business operated primarily for profit, including those of retail trade and professional, personal, technical and mechanical services.

Commercial District or Center—A concentration of commercial uses or activities, on a specific area planned or zoned for commercial purposes.

Common Areas, Uses and Services—Land areas, improvements, facilities and utilities, the use, enjoyment and maintenance of which are intended to be shared by the owners and occupants of individual building units in a subdivision or a planned development.

Community Wastewater Utility System or Systems—A facility which is owned by a nongovernmental entity and is designed, constructed, operated, and maintained to transport, collect, process, and treat sanitary sewage from more than one structure. A complete system includes all sewers, pump stations, head-works, treatment and disposal unit processes, and ancillary items.

Convalescent or Nursing Home—A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.

District—See "Zoning District."

Drainageway—An area that serves to drain water from an area to another.

Drive-in Restaurant—Any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages, or other food served directly to or permitted to be consumed by patrons in cars or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site outside the main building.

Driveway.

A.

Driveway, Residential—A way of at least 12 feet in width that shall serve the residents of one single-family dwelling, or one two-family dwelling.

B.

Driveway, Farm Field—A way of at least 12 feet in width providing access from a public road to serve cultivated fields, timberland or undeveloped land not used for industrial, commercial or residential purposes.

C.

Driveway, Commercial—A way of at least 30 feet in width providing access from a public road right-of-way to land which is used for industrial, institutional or commercial purposes, which must have its traveled surface outside the road right-of-way at least 24 feet in width.

Dwelling, Farm—A dwelling used to house the principal family operating a farm, and which is accessory to the operation of the farm, which is the principal use of the land upon which it is located.

Dwelling, Group (Group Housing)—Two or more single-family or multiple-family dwelling structures on a parcel of land under single ownership.

Dwelling, Mobile Home—A dwelling unit manufactured in one or more sections, designed for year round dwelling purposes, capable of being transported upon its own or a separate wheeled chassis and not motorized or self-propelled, but which meets the minimum floor area requirements of this Zoning Ordinance and is installed in accordance with all of the other requirements of this Ordinance and the Construction Code specified for dwellings, when located outside of a licensed mobile home park. This definition shall include the term "manufactured home" so that the reference to either "mobile home" or "manufactured home" in this Ordinance shall include the other.

Dwelling, Multiple-Family—A dwelling structure, or portion thereof, designed for occupancy by two or more families living independently of each other.

Dwelling, One-Family—A dwelling structure designed exclusively for occupancy by one family.

Dwelling, Single-Family—Single-family dwellings shall meet or exceed the following minimum standards:

(a)

Construction Standards. Minimum construction standards for all one-family dwellings shall be pursuant to all applicable State, Federal and/or local laws, codes and ordinances.

(b)

Unit Size and Dimensions. Each dwelling unit shall comply with the minimum square footage requirements of the zoning district in which it is located. Each dwelling unit shall have a minimum width on all elevations of 24 feet on the ground floor.

(c)

Foundation and Anchoring.

(1)

Single-family dwellings must be installed on a permanent foundation. At a minimum, this shall include a cement block or poured foundation with cement footings around the complete outside perimeter of the dwelling, or other approved foundation that meets all applicable codes. A basement, in accordance with applicable Township codes, may be substituted for equivalent portions of the foundation. If the foundation or basement does not meet specifications for imposed load capacity, adequate additional support shall be provided.

(2)

If there is a crawl space, an area of not less than 24 inches in height shall be provided between the bottom of the home and the ground level. The crawl space shall not be utilized for storage purposes.

(3)

A minimum of two exterior doors must be provided.

(d)

Roof Design. The roof of each dwelling unit shall be pitched with a minimum 4:12 slope. The roof must be permanently attached to and supported by the dwelling and not by exterior supports. All dwellings shall have roof drainage systems concentrating roof drainage at collection points. Eaves troughs must be provided where appropriate. Exceptions to roof design and materials may be granted for patios, porches, and sunrooms. Plans shall be furnished to the Zoning Administrator for his or her review as to these requirements.

(e)

Sewer and Water Service. All single-family dwellings shall be served by public sewer and water service, where available, or approved on-site systems in the case where public sewer and water service are not available.

(f)

[Storage Area.] The dwelling contains a storage area in a basement located under the dwelling, in an attic area, in a closet area, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which combined storage area shall be no less than 15 percent of the square footage of the interior living area of the dwelling.

(g)

[Quality of Additions.] The dwelling contains 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 herein.

(h)

[Compliance with Codes.] The dwelling complies with all pertinent building and fire codes. In the case of a dwelling mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said 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, and 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.

(i)

[Mobile Home Parks.] The foregoing standards shall not apply to mobile homes located in a licensed mobile home park except to the extent required by State and Federal law or otherwise specifically required in the ordinance of Cohoctah Township pertaining to such parks.

(j)

[Permits.] No construction required herein shall be commenced until a land use permit has been issued by the Township of Cohoctah and a building permit has been issued by the Livingston County Building Department.

The definition of dwelling with the above-enumerated standards is also applicable and included in the definition of:

1.

Dwelling, farm.

2.

Dwelling, group.

3.

Dwelling, mobile home.

4.

Dwelling, multiple-family.

5.

Dwelling, one-family.

6.

Dwelling, two-family or duplex.

Dwelling, Two-Family or Duplex—A multiple-family dwelling structure designed exclusively for occupancy by two families independent of each other, such as a duplex dwelling unit.

Dwelling Unit—Any building or portion thereof or a mobile home having cooking facilities that is occupied wholly as the home, residence or sleeping place of one family either permanently or transiently. In cases of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this Ordinance and shall comply with the provisions hereof relative to a dwelling.

Entrance Ramp—Automotive access to a highway.

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 erection.

Essential Services—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 towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation—Any breaking of ground, except farm use, common household gardening and ground care.

Exception—See "Zoning Interpretation."

Exit Ramp—Automotive exit from a highway.

Family—One or two persons with or without their direct lineal descendants and adopted children (and including the domestic employees thereof) and additionally not more than four persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit shall be considered a separate family for the purpose of this Ordinance.

Family Day Care Home—A private home in which one or more but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the 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.

Farm—Real property used for agriculture or horticulture comprising at least 20 contiguous acres and which may contain other contiguous or noncontiguous acres, all of which is operated by a single family, family corporation, individual or corporation.

Farming—See "Agriculture."

Fence—A permanent partition, structure or gate erected as a dividing marker, barrier or enclosure, and not a part of a principal building or structure or other accessory structure. An ornamental fence is one that is less than three feet in height, and is normally used in setting off planting areas and gardens.

Filling—The depositing or dumping of any matter into or onto the ground, except common household gardening and general care.

Filling Station—See "Automobile Service."

Floodplain—That portion of land adjacent or connected to a water body or watercourse that is subject to periodic inundation in accordance with the 100-year flood cycle.

Floor Area, Gross (GFA)—The sum of the gross horizontal areas of the several floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two dwelling units. The gross floor area of a building shall include the basement (see definition) floor area when more than one-half of the basement height is above the established curb level or finished lot grade and the basement is of interior finished construction similar to the first or main floor. Any space devoted to off-street parking or loading shall not be included in gross floor area. Areas of dwelling basements, unfinished attics, utility rooms, breezeways, porches (enclosed or unenclosed) or attached garages are not included.

Floor Area, Usable (UFA)—The measurement of usable floor area shall be that portion of floor area (measured from the interior face of the exterior walls) used for or intended to be used for services to the public as customers, patrons, clients, or patients, including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used principally for storage of merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half-story area, the usable floor area shall be considered to be only that portion having a clear height of more than 90 inches of headroom.

Foster Care Home—A child or adult care facility which is organized for the purpose of receiving children or adults for care, maintenance, and supervision in buildings supervised by the home for that purpose, and operated throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the center. A foster care home could include a maternity home for the care of unmarried mothers under 18 years of age and an agency group home, which is described as a child or adult caring home owned, leased, or rented by a State licensed facility, providing care for not more than 12 children or adults; or homes for mentally retarded or emotionally disturbed children under 18 years of age. A foster care home includes a foster family home and a foster family group home defined and licensed under Public Act No. 116 of 1973 (MCL 722.111 et seq.), and an adult foster care family home defined and licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.). Foster care homes do not include a hospital licensed under Part 201 of Public Act No. 368 of 1978 (MCL 333.20101 et seq.), or a hospital for the mentally ill licensed under Public Act No. 258 of 1974 (MCL 330.1001 et seq.), or nursing and convalescent care centers.

Frontage, Street—See "Road Frontage."

Garage, Commercial—Any garage, other than a private garage, available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipment of automobiles or other motor vehicles.

Garage, Private—An accessory building, not to exceed the height of the principal structure, used for parking of vehicles or storage as may be required in connection with the permitted use of the principal building.

Gas Station—See "Automobile Service."

Grade—A 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 averaging the elevation of the ground for each face of the building.

Greenbelt—A buffer area consisting of an open space, except as specifically required in certain sections of this Ordinance, which shall be either level or a berm and landscaped with trees, shrubs, vines and ground covers. When a screen buffer is required, it shall consist of a dense evergreen planting or a solid fence or wall.

Group Day Care Home—A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. 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 Housing—See "Dwelling, Group."

Group Residential Homes—See "Foster Care Home."

Highway—Any public thoroughfare dedicated and maintained for the use and operation of vehicular traffic by the Michigan Department of Transportation. (See also definitions regarding types of roads.)

Highway, Intercommunity Arterial—Shall be interchangeable with a local township road as referred to within the Township Master Plan.

Highway, Regional Arterial—Shall be interchangeable with a county paved road as referred to within the Township Master Plan.

Historical Building, Site or Area—Those parcels and/or uses of land and/or structures whose basic purpose is to:

A.

Safeguard the heritage of the local unit by preserving or allowing a structure or use which reflects elements of the community's cultural, social, economic, political, or architectural history;

B.

Stabilize and improve property values in the area;

C.

Foster civic beauty;

D.

Strengthen the local economy; and

E.

Promote the use of such sites for the education, pleasure, and welfare of the local residents and of the general public.

Home Business—See "Home Occupation."

Home, Motor—A motorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging. This term does not include mobile homes.

Home Occupation—A technical, personal or professional service which takes place in a home or one of its accessory structures or any other use customarily conducted within the dwelling or an accessory structure which is operated and carried on by the inhabitants thereof or with no more than one nonfamily employee which use is generally but not necessarily secondary to the use of the dwelling for dwelling purposes. Such use shall not change the residential character thereof, and shall not endanger the health, safety or welfare of any other persons residing in that area by reason of noise, obnoxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such home occupation, profession or hobby. Such occupation shall not require internal or external alterations of construction features, outdoor storage or signs not customary in residential areas.

Hospital—An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel—A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms, and in which no provisions are made for cooking in any individual room. (Also see "Motel.")

Industrial—A business operated primarily for profit, including those of product manufacturing or conversion through assembly of new or used products or through the disposal or reclamation of salvaged material, and including those business and service activities that are a normal integral part of an industrial enterprise or area.

Industrial Park—A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

Institutional—An organization having a social, educational or religious purpose established by law, custom, practice or a system to serve a public purpose.

Junk—All rubbish, refuse, waste material, garbage, including, but not limited to, the following: Waste composed of animal, fish, fowl, fruit or vegetable matter, dead animals, putrescible and nonputrescible solid waste (except body wastes), ashes, glass, cans, bottles, discarded or abandoned machinery, household appliances, industrial wastes, discarded, inoperative, dismantled or partially dismantled motorized vehicles or parts thereof. This shall not preclude home or farm composting for on-site use.

Junkyard—Any lot, parcel, field or tract of land on which there is an accumulation of junk, equipment or machinery, whether operated for profit or not for profit. The term "junkyard" includes automobile wrecking yards and salvage areas of more than 200 square feet for the storage, keeping or abandonment of junk or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, but does not include uses contained entirely within an enclosed building.

Kennel, Commercial—Maintaining, confining or the keeping of dogs for sale, boarding, breeding, or training purposes for remuneration excluding, however, the sale of one litter per year. Also, the maintaining and the keeping of more than five dogs over six months of age for any purpose.

Kennel, Noncommercial—More than three, but less than six, dogs over six months of age which are maintained or kept for the benefit of the owner without remuneration.

Laboratory—A place in which the principal use is devoted to experimental, routine, or basic study such as testing and analytical operations.

Lake—A permanent natural or manmade body of surface water of at least five acres in area.

Land Use Permit—See "Zoning Permit."

Lighting, Source of—The light bulb or filament that is exposed or visible through a clear material. Exposed mercury vapor lamps or neon lamps shall be considered a direct source of lighting.

Livingston County Road Commission Specifications for Plat Development—The then current Livingston County Road Commission Specifications for Plat Development and street construction as the same may be amended from time to time.

Loading Space—An off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.

Lot—A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records. The term "Parcel" is equivalent to the term "Lot." (Also see "Plat.")

Lot Area—The total horizontal area within the lot lines of a lot or parcel.

Lot, Corner—A lot where the interior angle of two adjacent sides at the intersection of two roads is less than 135 degrees. A lot abutting upon a curved road or roads shall be considered a corner lot for the purpose of this Ordinance if the arc is of less radius than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight road line extended from an interior angle less than 135 degrees.

Lot Coverage—That percentage of the lot or parcel covered by the building.

Lot Depth—The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot, Double Frontage—Any interior lot having frontages on two more or less parallel roads as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to the road shall be considered frontage and front yards shall be provided as required.

Lot, Interior—Any lot other than a corner lot.

Lot Line, Front—In the case of an interior lot, that line separating the lot from the road. In the case of a corner lot, or double frontage lot, "front lot line" shall mean that line separating the lot from the road that is designated as the front road in the plat and in the application for a zoning permit. In the case of a waterfront lot, the front lot line shall be considered to be the lot line separating the lot from the road.

Lot Line, Rear—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 farthest from the front line and wholly within the lot.

Lot Line, Side—Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a road is a side road lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot Lines—The exterior perimeter boundary lines of a lot or parcel.

Lot of Record—A lot existing prior to the adoption of this Ordinance and recorded in the office of the County Register of Deeds. For the purpose of this Ordinance, land contracts and purchase options not recorded in the County Register of Deeds' Office but dated and executed prior to the effective date of this Ordinance shall also constitute a "lot of record." (Includes "Parcel of Record.")

Lot, Waterfront—A lot having a frontage directly upon a lake, river or other reasonable sized impoundment of water. The portion adjacent to the water shall be designated as the lake frontage of the lot, and the opposite side shall be designated the road frontage of the lot.

Lot Width—The horizontal distance between the side lot lines, measured at the two points where either the building line or front line intersects the side lot lines.

Major Thoroughfare—Shall be interchangeable with a county paved road as referred to within the Township Master Plan.

Manufactured Home—See "Mobile Home."

Master Plan—The plan prepared and adopted by the Township Planning Commission and approved by the Township Board in accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.) relative to the agreed upon desirable physical land use pattern for future Township development. The Plan consists of a series of maps, plans, charts, and written material, representing in summary form the soundest planning direction for the Township as to how it should grow in order to realize the very best community living environment in the Township.

Master Right-of-Way Plan—The current duly adopted Livingston County Road Commission's Street and Highway Right-of-Way Plan or as such may be amended from time to time.

Mobile Home—A dwelling unit manufactured in one or more sections, designed for year round, temporary or transient dwelling purposes, capable of being transported upon its own or a separate wheeled chassis, not motorized or self-propelled, built for the purpose of being located in a licensed mobile home park, meeting the requirements of the FHA standards of the United States Department of Housing and Urban Development (HUD).

Mobile Home Park—A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

Mobile Home Space or Pad—Specified area of ground within a mobile home park designed for the accommodation of one mobile home.

Motel—A motel or motor court is a business comprising a dwelling unit or a group of dwelling units so arranged as to furnish temporary or transient lodging accommodations for the public for compensation. (Also see "Hotel.")

Motor Court—See "Motel."

Nonconforming Building or Structure—A building 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 in the zoning district in which it is located.

Nonconforming Use—A use which lawfully occupied a building or land at the effective date of this Ordinance, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.

Non-Participating Property—A property that is not subject to a Utility Scale Wind Energy System lease or easement agreement at the time an application is submitted for a Special Land Use for the purposes of constructing a Utility Scale Wind Energy System.

Nuisance—An offensive, annoying, unpleasant, or obnoxious thing or practice, such as noise, odor, vibration, glare, dust and smoke; 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.

Nuisance Per Se—A violation of this Zoning Ordinance.

Nursing Home—See "Convalescent Home."

Occupied—A building, structure, or land area designed and used for the purpose of and occupied for a useful purpose permitted under the provisions of this Ordinance.

Office—An enclosed area which has as its primary use rooms for professional or financial organizations, individuals, and labor unions, civic, social, fraternal and/or other related organizations or enterprises.

Office Park—District or area for office and office-related accessory uses.

Off-Street Parking—See "Parking, Off-Street."

Off-Street Parking Lot—See "Parking, Off-Street, Lot."

Off-Street Parking Space—See "Parking, Off-Street, Space."

Open-Air Business Uses—Business uses operated for profit, substantially in the open air, usually without buildings or structures, including uses such as the following:

A.

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

B.

Outdoor display and sales of garages, motor homes, mobile homes, snowmobiles, farm implements, swimming pools and similar products.

C.

Retail sale of trees, fruit, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer.

D.

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

Open Space—A parcel which is permanently set aside for public or private use and will not be developed.

Open Storage—A land area occupied and used for outdoor storage of building materials, sand, gravel, stone, lumber, equipment and other supplies.

Outdoor Advertising Sign—See "Sign, Outdoor Advertising."

Outdoor Wood-Fired Boiler or Furnace—A boiler, furnace, stove or similar device whose purpose is to provide heat for a dwelling or accessory building by burning wood, corn or other bio-mass and that is designed for long burn times between loading and to hold large amounts of wood, corn or other bio-mass.

Owner/Operator—A person or entity that owns or operates a Utility Scale Wind Energy System. "Owner/operator," even when used in the singular, may refer to more than one person or entity if there are multiple owners or operators, or the Utility Scale Wind Energy System is owned and operated by different entities. "Owner/operator" includes any successor to the original owner/operator. "Owner/operator" may or may not be the same as the applicant.

Parcel—See "Lot."

Parking, Off-Street—Vehicular parking provided on a lot or parcel, but not within a highway or road right-of-way.

Parking, Off-Street, Lot—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 two automobiles.

Parking, Off-Street, Space—An area of definite length and width; said area shall be exclusive of drives, aisles, or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles on lots or parcels, but not within a public highway or public or private road right-of-way.

Parking Space—A land area of not less than nine by 20 feet, exclusive of driveways and aisles, and so prepared as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public road or alley.

Participating Property—A property that participates in a lease or easement agreement, or other contractual agreement, with or that is owned by an entity submitting a Special Land Use Permit application for the purpose of developing a Utility Scale Wind Energy System.

Pet—An animal as may commonly be housed within domestic living quarters.

Planned Unit Development—A planned residential, commercial, industrial, public or semi-public land use development consisting of two or more principal uses located on a parcel of land of prescribed minimum area and approved by the Township after site plan review.

Planning Commission—The Cohoctah Township Planning Commission.

Planned Unit Development—A planned residential, commercial, industrial, public or semi-public land use development consisting of two or more principal uses located on a parcel of land of prescribed minimum area and approved by the Township as provided in this Ordinance.

Plat—A map or plan of the layout of the subdivision of a parcel of land which is in conformance with all of the provisions of Public Act No. 288 of 1967 (MCL 560.101 et seq.), commonly referred to as the Land Division Act.

Pond—A small body of surface water of less than five acres in area which exists in a natural state or is established by either the damming of surface water or by excavation of soil to expose groundwater.

Porch, Enclosed (includes Patio)—A covered entrance to a building or structure which is totally enclosed, 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.

Porch, Open(includes Patio and Deck)—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.

Practical Difficulties—See "Zoning Variance."

Private Road—See "Road, Private."

Private Wind Energy System—A Wind Energy System used exclusively for private purposes and not used for any commercial resale of any energy, except for the sale of surplus electrical energy back to the electrical grid.

Proprietor—A natural person, firm, association, partnership, corporation, or combination of any of them that may hold any ownership interest in land whether recorded or not.

Public Utility—Any person, firm, corporation, municipal department, board, or commission duly authorized to furnish, and furnishing under Federal, State, or Municipal regulations to the public electricity, gas, steam, communications, telegraph, transportation, water, stormwater collection or wastewater collection and treatment.

Recreational Vehicle—A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

Recreational Vehicle Park (RV Park)—A family recreation oriented facility for the overnight or short term (not to exceed four weeks at any one period of stay or reservation) parking of travel trailers, recreational vehicles or tents. May also be known as a campground.

Restaurant—A building in which food or beverages are cooked or prepared and offered for sale, and where consumption is permitted on the premises, whether or not entertainment is offered, and including establishments commonly known as grills, cafes, and nightclubs.

Right-of-Way, Road—See "Road Right-of-Way." Includes highway and street right-of-way.

Road Commission—The Board of County Road Commissioners of the County of Livingston, State of Michigan, and/or their duly authorized agents.

Road Frontage—The legal line of demarcation between a dedicated road right-of-way or easement and abutting land.

Road, Frontage Access—A public or private road parallel and providing ingress to adjacent lots and parcels but connected to the major highway or road only at designated intersections or interchanges.

Road, Hard Surface—A highway or road built to the concrete or asphalt surface road building specifications of the County Road Commission or the Michigan Department of Transportation.

Road, Minor—Shall be interchangeable with a local or Township road as referred to within the Township Master Plan.

Road, Private—A nonpublic road which is not maintained by the public, which serves more than two lots or parcels and which must meet the requirements of Section 16.44 and Section 16.45 of this Zoning Ordinance.

Road, Public—Any public thoroughfare dedicated and maintained for the use and operation of vehicular traffic by the County Road Commission.

Road Right-of-Way—The line which forms the outer limits of a road right-of-way or easement, and which forms the line from which all setbacks and front yards are measured, unless otherwise specified in this Ordinance.

Roadside Stand—A temporary or permanent building or structure operated for the purpose of selling only produce raised or produced on the same premises by the proprietor of the stand or his family; its use shall not make it a commercial district land which would otherwise be classified as agricultural or residential, nor shall its use be deemed a commercial activity.

Sanitary Landfill—A private or public sanitary landfill that meets all of the requirements of Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.), and the rules promulgated under the Act by the Michigan Department of Environmental Quality.

Settlement Area—Those designated portions of the Township known as Cohoctah, Cohoctah Center and Oak Grove.

Shopping Center—A combination of two or more commercial retail uses located on a single parcel of land and managed collectively by a single ownership under central administration.

Shoreline—The line of demarcation between land and a surface water feature may be:

A.

Established as a matter of record as the mean level elevation of the surface water; or

B.

As determined by the legal establishment of the surface water level elevation by the County.

For the purpose of this Ordinance the legally established surface water level elevation shall take precedence, if established, over the mean level elevation.

Sign—Any structure or part thereof, any device, declaration, display, illustration, insignia, or any material or thing, illuminated or otherwise that displays, includes or uses any numeral, letter, word, model, banner, emblem, insignia, device, code, mark, or other representation by which anything is made known and/or visible to the general public such as are used to show an individual, firm, profession, or business, event, good, product or service and also any banner, bulbs or other lighting device, streamer, pennant, balloon, propeller, flag, as well as any similar device of any type or kind whether bearing lettering or not.

Sign, Illuminated —A sign with a light shining upon its surface from the interior or exterior, but without an electronic background or electronic numbering and/or letters.

Sign, Outdoor Advertising(also Billboard)—Is an Off-Site Sign (Off-Premises Sign) as defined in Section 19.02 Definitions.

Solar energy system—A means by which solar energy is harnessed to produce energy through means such as photovoltaics (PV) that converts light to electricity or other means to utilize solar energy.

Solar farm (sometimes referred to as solar park or solar field)—Is the large-scale application of solar photovoltaic (PV) panels to generate electricity at scale, usually to supply utility or similar companies. The generic expression utility-scale solar is sometimes used to describe this type of project.

Special Use—A use that is subject to approval by the Township after site plan review. A special use may be granted when specified by this Ordinance. A permitted special use is not considered to be a nonconforming use.

Special Use Permit—A permit issued by the Planning Commission after giving notice pursuant to statute for a use that is specified as a special use by this Ordinance.

Story—That part of a building 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—An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven feet, six inches.

Story, Height—The vertical distance from the top surface of one floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the ceiling above it.

Street—See definitions regarding types of roads.

Structural Alteration—Any change in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial changes in the roof and exterior walls.

Structure—See "Building," and in addition any manmade surface feature or designed earth feature other than normal finished grading for drainage purposes.

Swimming Pool—Any permanent, nonportable structure or container located either above or below grade designed to hold water to depth greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

Temporary Building—See "Use, Temporary."

Temporary Use—See "Use, Temporary."

Tent—A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground, but shall not include those types of small tents used solely for children's recreational purposes.

Township—The Township of Cohoctah, Livingston County, State of Michigan.

Township Board—The Cohoctah Township Board for the Township of Cohoctah, Livingston County, State of Michigan.

Township Engineer—The Engineer retained by the Township Board or any assistant designated to act for him.

Travel Trailer—A portable nonmotorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for periodic overnight lodging. This term also includes folding campers and truck-mounted campers but does not include mobile homes.

Unnecessary Hardship—See "Zoning Variance."

Use—The lawful purpose for which land or premises or a structure or building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let or leased for a use or activity.

Use, Accessory—A use or activity normally and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or buildings, including all structures detached from the principal structure above and below ground, such as garages, sheds, barns, television satellite dishes, and designed surface structures and areas.

Use, Agricultural—Any use permitted in the AR Agricultural Zone in this Ordinance.

Use, Commercial—Any use permitted in the S and NSC Districts and Planned Unit Developments (PUD).

Use, Industrial—Any use permitted in the LI Light Industrial and Planned Unit Development (PUD) Zones in this Ordinance.

Use, Institutional—Any of the public or private organizational uses permitted in this Ordinance.

Use, Land—The principal and accessory uses and activities being made of all land areas and buildings and structures located upon a lot or parcel.

Use, Principal—The primary or dominant use or activity to which a lot or parcel is put.

Use, Public—Any of the publicly owned or leased uses of land, buildings or structures administered and operated by a public agency or official.

Use, Residential—Any of the uses permitted in the Residential and Residential Planned Unit Development (PUD) Zones in this Ordinance.

Use, Temporary—A use, activity, or building permitted to exist during period of construction of the main building or use, or for special events.

Utility-scale battery energy storage facilities—One or more devices, assembled together, capable of storing energy in order to supply electrical energy, including battery cells used for absorbing, storing, and discharging electrical energy in a Utility-Scale Battery Energy Storage System ("BESS") with a battery management system ("BMS").

Utility-Scale Battery Energy Storage System—A physical container providing secondary containment to battery cells that is equipped with cooling, ventilation, fire suppression, and a battery management system.

Utility-Scale Wind Energy System—A Wind Energy System in which the principal design, purpose, or use is to provide energy to off-site uses or the wholesale or retail sale of generated electricity to any person or entity.

Variance—See "Zoning Variance."

Wind Energy System (WECS)—Any part of a system that collects or stores wind radiation or energy for the purpose of transforming it into any other form of usable energy, including the collection and transfer of heat created by wind energy to any other medium by any means.

Yard—The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance and as defined herein. When any yard is adjacent to a public or private road easement or right-of-way, or other easement that provides ingress and/or egress, then that yard or lot line required herein shall be measured from the outer limits of the road right-of-way or easement and the minimum setback shall be 50 feet; provided, however, if any parcel is adjacent to the easement and does not have the right to use such easement, then the regular yard setback(s) shall apply.

Yard, Front—The 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.

Yard, Rear—The area extending the full width of the lot between the rear lot line and the nearest point of the main building.

Yard, Side—The 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 of the side lot to the nearest point of the main building.

Zoning Appeal—An entreaty or demand for a hearing and/or review of facts and/or actions by the Zoning Board of Appeals.

Zoning Board of Appeals—The Township Zoning Board of Appeals.

Zoning District—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 Ordinance.

Zoning Exception—See "Zoning Interpretation."

Zoning Interpretation—A principal or accessory use permitted within the intent and purpose of this Ordinance only after review of an application by the Zoning Board of Appeals that may include the advice and counsel of the Planning Commission. Such review is necessary because the provisions of this Ordinance in respect to the listed permitted principal and accessory uses are not precise enough to all applications without interpretation, and such review of the provisions of this Ordinance is therefore required.

Zoning Permit—A permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this Zoning Ordinance. "Zoning Permit" and "Land Use Permit" are used interchangeably in this Ordinance.

Zoning Variance—A modification of literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause unnecessary hardship or practical difficulties due to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are (a) unnecessary hardship, (b) practical difficulties, (c) unique circumstances, and (d) exceptional and unusual elements are present which would preclude the same type of development permitted in the zoning district from being repeated, but, with a variance, would permit compatible development similar to the character of development permitted in a zoning district. The term "Variance" shall not include granting variances for substantially larger buildings or additional uses other than those permitted in the respective zoning districts.

A.

Practical difficulties means that the dimensional zoning requirements cannot be met by an existing lot or parcel because of its unique or unusual shape and size due to its narrowness, shallowness, irregular shape or natural or existing development characteristics and such lots or parcels are different in the sense of these characteristics from other more typical lots located in the same zoning district.

B.

Unnecessary hardship means that the permitted zoning district uses are so limiting as to result in the impossibility of developing a lot or parcel for any such permitted use purpose because of unusual or unique characteristics of the lot or parcel in relation to other more typical lots or parcels in the same zoning district, or means that a permitted principal or accessory use because of its specific limitations by normal definition is in need of modification through combining permitted principal or accessory uses when only one such use is permitted on a lot or parcel.

(Ord. of 11-12-1987, § 2.02; Amd. No. 1, 8-11-1988; Amd. No. 3, 7-12-1990; Amd. No. 9, 12-10-1992; Amd. No. 12, § 1, 11-11-1993; Amd. No. 13, § 1, 12-10-1992; Amd. No. 14-2, §§ 2, 3, 3-11-1993; Amd. No. 29, § 3, 8-8-1996; Amd. No. 31, § 1, 1-9-1997; Amd. No. 39, §§ 5, 10, 11, 12-11-2003; Amd. No. 50, § 1, 9-14-2006; Amd. No. 51, § 1, 1-11-2007; Amd. No. 52, § 2, 1-11-2007; Amd. No. 55, § 5, 3-13-2008; Amd. No. 56, 5-8-2008; Amd. No. 61, § 1, 9-17-2009; Amd. No. 66, § 1, 5-12-2011; Amd. No. 75, § 1, 5-9-2013; Amd. No. 78, § 3, 5-14-2015; Amd. No. 80, §§ 3—13, 5-11-2017; Amd. No. 83, §§ 15—17, 11-9-2017; Amd. No. 84, §§ 1, 2, 11-9-2017; Ord. No. 2024-01, § 3, 7-11-2024; Ord. No. 2024-03, § 1, 7-11-2024)