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

a.

The particular shall control the general.

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

1.

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

2.

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

3.

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

Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. of 7-25-07)

Accessory use, or accessory. 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 located.

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

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

a.

Residential accommodations for servants and/or caretakers.

b.

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

c.

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

d.

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

e.

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.

f.

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

g.

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.

h.

Uses clearly incidental to a main use such as but not limited to: offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

i.

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

j.

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

k.

Boat houses for the accessory storage or boats of any principal use on a zoning lot or parcel.

Adult book store. An establishment having as a portion of its stock and trade, books, magazines and other periodicals which are restricted to persons over the age of 18 years and which is distinguished or characterized by its emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material.

Adult motive picture theater. An establishment used for presenting material restricted to persons over the age of 18 years and which is distinguished or characterized by its emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

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

Alterations. Any change, addition, or modification in construction or type of occupancy, or 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".

Animal nuisance. 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."

Apartments. A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

Automobile service station. A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

Auto repair station. A place where, along with 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; overall painting and undercoating of automobiles.

Basement. 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.

Bed and breakfast. A secondary use within a single family dwelling unit in which transient guests are provided sleeping rooms and limited food service.

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 live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

Building. A structure erected on site, a mobile home or mobile structure, a premanufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

Building height. The vertical distance measured from the established grade to the highest point of the roof surface. 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 a front setback line.

Cabaret. Any place wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator thereof holds a yearly license to sell such beverages by the glass and which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, either live or films.

Child care center (also known as a day care center). A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (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 (2) 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 (3) hours per day for an indefinite period, or not more than eight (8) hours per day for a period not to exceed four (4) weeks during any twelve (12) month period.

(2)

A facility operated by a religious organization where children are cared for not more than three (3) hours while parents or guardians attend religious worship services.

Clinic: 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. 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.

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

Covered boat wells and docks. An accessory structure, built on or recessed into the shoreland and/or extending into the river with a permanent roof or covering, that provides dockage and/or storage of a privately owned boat(s) or watercraft(s). Within this definition, a hoist may be included for the lifting of a boat or watercraft. Also within this definition, simple routine maintenance may be performed on a privately owned boat(s) or watercraft(s). This definition shall not include public services for revenue, nor services for public storage or maintenance purposes.

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

District. A portion of the unincorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

Drive-in. 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.

Dwelling unit. A building, or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.

Dwelling, single-family. A building containing not more than one dwelling unit designed for residential use, complying with the following standards:

(1)

It complies with the minimum square footage requirements of this ordinance for the zone in which it is located.

(2)

It has a minimum width across any front, side or rear elevation of twenty-four (24) feet and complies in all respects with "The Michigan State Construction Code as promulgated by the Michigan State Construction Code Commission under the provisions of 1972 P.A. 230, as amended", 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 "Michigan State Construction Code as promulgated by the Michigan State Construction Code Commission under provisions of 1972 P.A. 230, as amended", then and in that event such federal or state standard or regulation shall apply.

(3)

It is firmly attached to a permanent foundation constructed on site in accordance with the "Michigan State Construction Code as promulgated by the Michigan State Construction Code Commission under the provisions of 1972 P.A. 230, as amended", 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. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

(4)

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

(5)

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

(6)

The dwelling contains a storage capability 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 storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than twelve (12") inches on all sides; or alternatively with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has a roof pitch ratio of not less than 5:12 (five vertical to twelve horizontal); has not less than two (2) exterior doors with the first in the front of the dwelling and the second one being in either the rear or side of the dwelling; and contains permanently installed steps connected to said exterior door areas or to permanently installed porches connected to said door areas where a difference in elevation requires the same.

Except that, additions may be made to dwellings which existed prior to the effective date of this ordinance and which do not comply with some or all of the above requirements 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.

The compatibility of design and appearance shall be determined in the first instance by the township zoning inspector upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the zoning board of appeals within a period of 15 days from the receipt of notice of said zoning inspector's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design and appearance of one or more residential dwellings located outside of manufactured housing communities within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of manufactured housing communities throughout the township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home, provided such innovative design concepts are first submitted for review and approval by the Township Planning Commission.

(8)

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.

(9)

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

(10)

The foregoing standards 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.

(11)

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan Construction Code Commission under the provisions of 1972 P.A. 230, as amended, Provisions and Requirements.

Dwelling, two-family. A building containing not more than two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in dwelling single family.

Dwelling, multiple-family. A building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in dwelling single family.

Erected. Building, constructed, altered, reconstructed, 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. 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 system, collection, communication, supply or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, 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 common household gardening and ground care.

Family. One or two persons or parents, with their direct lineal descendants and adopted children (and 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 comprising 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 Ordinance.

Family (child) day care home (licensed). A private home (dwelling) in which one (1) but fewer than seven (7) children are received for care and supervision for periods of less than twenty-four (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 (4) weeks during a calendar year. Family day care homes are licensed by the state under Public Act 116 of 1973, as amended.

Farm. A farm is 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 132.402(1) and (2).

Feedlot. An animal feeding operation is a concentrated animal feeding operation for the purposes of Section 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.

One thousand (1,000) slaughter and feeder cattle,

b.

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

c.

Two thousand five hundred (2,500) swine each weighing over twenty-five (25) kilograms (approx. fifty-five (55) lbs.),

d.

Five hundred (500) horses,

e.

Ten thousand (10,000) sheep or lambs,

f.

Fifty-five thousand (55,000) turkeys,

g.

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

h.

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

i.

Five thousand (5,000) ducks, or

j.

One thousand (1,000) animal units as a result of any combination; or ^[18]

Notwithstanding the above schedule, the following schedule shall apply in cases where one of the following conditions are met:

•

Pollutants are discharged into navigable waters through a manmade ditch, flushing system or other similar manmade device; or ^[19]

•

Pollutants are discharged directly into waters of the United States which originate outside of and pass over, across, or through the facility; or

•

Pollutants otherwise come into direct contact with the animals confined in the operation.

(2)

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

a.

Three hundred (300) slaughter or feeder cattle,

b.

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

c.

Seven hundred fifty (750) swine each weighing over twenty-five (25) kilograms (approx. fifty-five (55) pounds),

d.

One hundred fifty (150) horses,

e.

Three thousand (3,000) sheep or lambs,

f.

Sixteen thousand five hundred (16,500) turkeys,

g.

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

h.

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

i.

One thousand five hundred (1,500) ducks, or

j.

Three hundred (300) animal units as a result of any combination: ^[20]

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 twenty-five-year, twenty-four-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.

Additional requirements for feedlots and raising of fur-bearing animals are found under Section 132.1313.

Floor area, residential. For the purpose 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 of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Floor area, usable (for the purpose of computing parking). That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation of "usable floor area". Measurement of usable floor area shall be the sum of the horizonal areas of the several floors of the building, measured from the interior faces of the exterior walls.

Foster family home (private home). 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 (1) but not more than four (4) 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 twenty-four (24) hours a day, for four (4) or more days a week, for two (2) 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 (4) but fewer than seven (7) 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 twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

Garage, service. 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 renumeration, hire or sale.

Grade. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. 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.

Group (child) day care home. A private home(dwelling) in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (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 (4) weeks during a calendar year. Group day care homes are licensed by the state under Public Act 116 of 1973, as amended.

Hardship, unnecessary. An unnecessary hardship is governed by the four following rules. An applicant's personal hardship, that does not relate to the land, is not sufficient to support a variance.

(1)

Unnecessary hardship is a circumstance of a property owner's land such that if used in strict compliance with the zoning ordinance, the property cannot yield a reasonable return (not "the owner's greatest desired return").

(2)

Furthermore, an unnecessary hardship must be unique, and not a condition that prevails generally throughout the zoning district.

(3)

The owner must also establish that the use of the property will not change the character of the neighborhood if the variance is granted.

(4)

The circumstance of the asserted hardship must not be self-created.

Home occupation. An occupation that is traditionally and customarily carried on in the home, being primarily incidental to the principal residential use. (See Article IV, Section .0402 [132.402]).

Junk yard. An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes automobile wrecking yards and includes any area or more than two hundred (200) square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.

Kennel, commercial. Any lot or premise on which three (3) or more dogs, cats or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets are bred or sold.

Loading space. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and 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 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 Ordinance. A lot may or may not be specifically designated as such on public records.

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

Lot, interior. Any lot other than a corner lot.

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

Lot, zoning. A single tract of land, located within a single block, which, at the time of filing for 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 Ordinance 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 as filed with the County Register of Deeds, but may include one or more lots of record.

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

Lot coverage. The part or percent of the lot occupied by buildings including accessory buildings.

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

Lot lines. The lines bounding a lot as defined herein:

a.

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

b.

Rear lot line: 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 (10) feet along lying farthest from the front lot line and wholly within the lot.

c.

Side lot line: 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 or lots is an interior side lot line.

Lot of record. A parcel of land, the dimensions of which are shown on a document or map on file with County Register of Deeds or in common use by Municipal 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 width. The straight line horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.

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

Major thoroughfare. An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.

Massage parlors. An establishment, unless otherwise licensed by the state, restricted to persons over the age 18 years and used for housing equipment and employing persons who give massages, body rubs, or muscle relaxing exercises to other persons, necessitating human contact between such employee and any other person.

Master plan. The Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the Municipality, 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 Legislative Body.

Mezzanine. An intermediate floor in any store occupying not to exceed one-third (1/3) of the floor area of such story.

Mobile home (Trailer coach). Any vehicle designed, used, or so constructed as to permit its beginning as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

Mobile homes which do not conform to the standards of dwelling single family of this Ordinance shall not be used for dwelling purposes within the township unless located within a mobile home park or a mobile home plat zoned for such uses.

Cross reference— Mobile homes, Pt. 115.

Mobile home park (Trailer court). Any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes are located.

Motel. A series of attached, semi-detached 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.

Municipality. The Township of Cottrellville.

Non-conforming building. A building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto and that does not conform to the provisions of the Ordinance in the district in which it is located.

Non-conforming 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 district in which it is located.

Nude modeling studio. An establishment restricted to persons over the age of 18 years used for hosting and exhibiting persons in the nude acting as models for other persons to paint, photograph, videotape, digitally record, draw, sketch or the like.

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

Nuisance factors. 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, but not limited to: (a) noise, (b) dust, (c) smoke, (d) odor, (e) glare, (f) fumes, (g) flashes, (h) vibration, (i) shock waves, (j) heat, (k) electronic or atomic radiation, (l) objectionable effluent, (m) noise of congregation of people, particularly at night, (n) passenger traffic, (o) invasion of non-abutting street frontage by traffic.

Off-street parking 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 vehicles.

Open front store. 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.

Parking 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 parking of permitted vehicles.

Premises for nude entertainment. An establishment which is restricted to persons over the age of 18 years and used for hosting and exhibiting persons in the nude or "specified anatomical areas" of the human body.

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

Private use landing areas. 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 landing area.

Public utility. A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

Recreation, Active. Active recreation is often conducted in a more formal setting and implies a degree of physical engagement above the normal daily level of activity (whether as participant or spectator), often involves use of sports equipment, and typically involves a specialized improvement to a defined area(s) of land for the particular activity(ies) to be enjoyed. This category includes things like, but not limited to; sports fields and courts (baseball, soccer, tennis, volleyball, football, basketball, horseshoes, running tracks), playgrounds, outdoor swimming pools, golf courses & driving ranges, shooting & archery ranges, improved ice skating & hockey rinks, skateboard & roller hockey areas, picnic areas with improvements (pavilions & grills), any areas of motorized activity, and other recreational activities which are determined by the Planning Commission to be similar.

Recreation, Passive. Passive recreation implies a degree of physical engagement that is more relaxed than the normal daily level of activity, tends to be more individualized in nature, and typically involves limited or no improvement(s) to less defined areas of land for the (sometimes more general) activities to be enjoyed. This category includes things like, but not limited to: walking, bicycling, cross-country skiing trails, sitting areas, natural & nature study areas, hunting & fishing areas, wildlife & bird watching areas, sunbathing, sight seeing, unimproved picnic areas, canoeing, kite flying, campfires, star gazing, and other recreational activities which are determined by the Planning Commission to be similar.

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.

Room. For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing 1, 2 or 3 bedroom units and including a "den", "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.

Setback. The distance required to obtain front, side or rear yard open space provisions of this Ordinance.

Sign. The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.

Sign, accessory. A sign which is accessory to the principal use of the premises.

Sign, non-accessory. A sign which is not accessory to the principal use of the premises.

Specified anatomical areas. Less than completely and opaquely covered; human genitals, pubic region, buttocks, post-pubertal female breast below a point immediately above the top of the areola, human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, fellatio, cunnilingus, sodomy, bestiality, or flagellation; and fondling or other erotic touching of human genital pubic region, buttocks, or post-pubertal female breast.

Stables, public. Means a building(s) or land where for remuneration or sales, horses are kept, boarded, ridden, shown, or are otherwise hired out for use.

State licensed residential facility. 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 (6) or less persons under 24-hour supervision or care for persons in need of that supervision or care.

Story. That part of a building, except a mezzanine as defined herein, 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 fifty (50) percent, by cubic content, is below the height level of the adjoining ground.

Story, half. An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet six inches (7′ 6″). For the purposes of this Ordinance the usable floor area is only that area having at least four feet (4′) clear height between floor and ceiling.

Street. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Temporary use of building. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.

Use. 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.

Yards. 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:

a.

Front yard: 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.

b.

Rear yard: 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.

c.

Side yard: 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.

Zoning compliance permit. 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.

Zoning exceptions and variances.

a.

Exception: An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of this Ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by this Ordinance.

b.

Variance: 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.

The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.

c.

The "exception" differs from the "variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in this Ordinance appear as "special approval" by Planning Commission, Legislative Body, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the affects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:

1.

They require large areas,

2.

They are infrequent,

3.

They sometimes create an unusual amount of traffic,

4.

They are sometimes obnoxious or hazardous,

5.

They are required for public safety and convenience.

(Amended: Ord. No. 17D, 1-15-75; Ord. of 6-1-83; Ord. No. 17N, 10-30-96; Ord. No. 17T, 5-3-2000; Ord. of 8-27-03; Ord. of 6-4-03; Ord. of 7-25-07)

Cross reference— Junkyards, § 22.001; noise, § 73.002; garbage, etc., § 81.001; relating to soil removal, § 83.002; relating to water supply system revenue bonds, § 85.001; sewer use and rates, § 86.002; mobile homes, § 115.001.