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Dorr Township City Zoning Code

CHAPTER III

300.031 - Rules applying to text.

Sec. 3.01. The following listed rules of construction apply to the text of this Ordinance:

(a)

The particular shall control the general.

(b)

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

(c)

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

(d)

Unless the context clearly indicates to the contrary, (1) words used in the present tense shall include the future tense; (2) words used in the singular number shall include the plural number; and (3) words used in the plural number shall include the singular number.

(e)

The word "building" includes the word "structure". A "building" or "structure" includes any part thereof.

(f)

The word "person" includes a firm, association, partnership, joint venture, corporation, trust, or equivalent entity or a combination of any of them as well as a natural person.

(g)

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

(h)

The words "farm" and "agriculture" are considered to be synonymous.

(i)

Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.

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

300.032 - Accessory use or structure.

Sec. 3.02. A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.

300.032A - Adult day care home.

Sec. 3.02A. A dwelling unit in which less than seven persons 18 years or older are provided supervision, personal care and protection for periods of less than 24 hours a day, operated by a person who permanently resides in the dwelling unit as a member of the household.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.032B - Adult foster care facility.

Sec. 3.02B. A governmental or non-governmental establishment having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged; emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Such facilities are licensed under Public Act 218 of 1979 as amended.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.032C - Adult foster care congregate facility.

Sec. 3.02C. An adult foster care facility with the approved capacity to receive more than 20 adults who shall be provided foster care.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.032D - Adult foster care family home.

Sec. 3.02D. A dwelling unit with the approved capacity to receive not more than six adults who shall be provided foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the dwelling unit.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.032E - Adult foster care large group home.

Sec. 3.02E. An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults who shall be provided foster care.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.032F - Adult foster care small group home.

Sec. 3.02F. An adult foster care facility with the approved capacity of not more than 12 adults who shall be provided foster care.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.033 - Agriculture.

Sec. 3.03. For the purpose of this Ordinance, agriculture shall consist of the art of cultivating the soil for the purpose of producing crops therefrom, and it shall include horticulture and all pursuits permissible as stated in "Section 3.25, Farm" of this chapter.

300.034 - Alley.

Sec. 3.04. A public thoroughfare or right-of-way not more than 30 feet wide, affording only secondary means of access to and egress from abutting property.

300.035 - Alteration, structure.

Sec. 3.05. Any change in the supporting members of a building, including bearings walls, columns, posts, beams, girders or any other supporting member, including any substantial change in the roof, or an addition to or diminution of a structure or building.

300.035A - Antenna.

Sec. 3.05A. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals.

(Ord. of 2-3-1999)

300.036 - Automobile service station or filling station.

Sec. 3.06. A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including sale of accessories and greasing, oiling and light motor service on the premises.

300.037 - Automobile trailer.

Sec. 3.07. Any vehicle in the nature of a house car, house trailer, motor home or similar vehicles used or so constructed that it may be used for occupancy as a dwelling or sleeping place of one or more persons, and so originally constructed or designed that it can be moved from place to place upon its own wheels and runners, upon the public highways and streets by being towed by a self-powered motor vehicle, whether licensed as such vehicle, or not; it shall also include a vehicle with wheels, to be operated by being towed by an automobile or tractor for the purpose of hauling, moving, carrying and transporting any form of goods, wares and merchandise for business purposes, for pleasure, or for disposal.

In the event of a controversy as to whether or not any certain type of vehicle or structure constitutes an automobile trailer, the same shall be heard by the Zoning Board of Appeals; and its decision, based upon the facts of the matter, shall be binding in this respect.

(a)

Travel trailer (camper trailer). A vehicle so constructed that it may be used for occupancy as a dwelling or sleeping place of one or more persons and commonly designed by the manufacturer thereof as a travel trailer (or camper trailer), and being, in any event, not more than 20 feet in length.

(Amended: Amend. of 1-3-1985)

300.038 - Basement.

Sec. 3.08. That portion of a building which is partly below and partly above grade, and having one-half or more of its height above ground. As used in this Ordinance an "earth-sheltered" or "berm" home which meets the requirements of the applicable Building Code regarding construction standards, including, but not limited to the required standards for minimum natural light, minimum natural ventilation, and minimum above grade ingress and egress shall not be considered a "basement" or a "cellar".

(Amend. of 1-3-1985)

300.039 - Bluff.

Sec. 3.09. The top of a steep bank rising from the ordinary high water mark on a lot or parcel.

(Ord. of 7-5-2007)

300.040 - Boarding house.

Sec. 3.10. Primarily a dwelling house where meals, either with or without lodging, are, for a compensation, furnished on a daily, weekly or monthly basis to three or more persons who are not members of the family occupying and operating the premises.

(Amend. of 1-3-1985)

300.041 - Building.

Sec. 3.11. Anything which is constructed or erected including a mobile home, having a roof supported by columns, walls, or other supports, which is used for the purpose of housing or storing of persons, animals, or personal property or carrying on business activities or other similar uses.

300.042 - Building; existing.

Sec. 3.12. For the purpose of this Ordinance, a building shall be considered as existing when it is completed, or when the foundations thereof are completed and the construction of the superstructure is being diligently prosecuted at the date of this Ordinance.

300.043 - Building height.

Sec. 3.13. The vertical distance measured from the top of the main or ground level foundation wall, whichever is lowest, to the highest point of the roof surface of flat roofs, to the deck of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.044 - Child care center.

Sec. 3.14. Any facility other than a dwelling unit in which one or more minor children are given care and supervision for periods of less than 24 hours per day on a regular basis. Child care centers do not include Family or Group Child Care Homes, or schools. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meetings, or by a fitness center or similar operation, shall be considered accessory to such principal use and shall not be considered to be a child care center.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.045 - Cabins.

Sec. 3.15. Any building, tent, or similar structure which is maintained, offered or used for sleeping quarters for transients or for temporary residents only, shall be considered to be a cabin; but this definition shall not include buildings designed as hotels, lodgings, houses or tourist homes.

300.046 - Cellar.

Sec. 3.15A. That portion of a building which is partly or completely below grade, having at least one-half of its height below grade.

(Amend. of 1-3-1985)

300.046A - Construction vehicles and equipment.

Sec. 3.15B. A vehicle or piece of equipment utilized for construction purposes including but not limited to backhoes, bulldozers, road graders, dump trucks, and other trucks utilized for construction use, trailers, trenchers, cranes, power shovels, and power tools. Truck tractors and semi-trailers are not construction vehicles or equipment.

(Ord. No. 10-6-1994)

300.046B - Co-location.

Sec. 3.15C. The use of a single support structure, building and/or site by more than one wireless communication provider.

(Ord. of 2-3-1999)

300.046C - Condominium Act.

Sec. 3.15C[D]. Public Act 59 or 1978, as amended.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.046D - Condominium/site condominium project.

Sec. 3.15D[E]. A plan or project consisting of not less than two condominium units or two site condominium units established in conformance with the Condominium Act.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.046E - Condominium unit.

Sec. 3.15E[F]. That portion of the condominium project designed and intended for separate ownership and use, as described in the Master Deed of the condominium project, within which a building or other improvements may be constructed by the condominium unit owner.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.046F - Site condominium unit.

Sec. 3.15F[G]. A condominium unit established in compliance with the Condominium Act which is a volume of air space defined by an area of land and a specified distance above and below the land surface designed and intended for separate ownership and use as described in the site condominium master deed, and within which a building or other improvements may be constructed by the condominium unit owner. A site condominium unit shall be considered a lot for purposes of this Ordinance.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.047 - Corner lot.

Sec. 3.16. A lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the streets is 135 degrees or less, or a lot abutting upon a curved street, or streets if tangent to the curve, at the two points where the lot lines meet the curve, form an interior angle of 135 degrees or less.

300.047A - Development.

Sec. 3.16A. Any manmade change to improved or unimproved real estate for any purpose, including but not limited to construction of buildings or other structures, mining, dredging, filling, paving or excavation.

(Ord. of 7-5-2007)

300.048 - District, zoning.

Sec. 3.17. Any of the parts of the unincorporated areas of Dorr Township subject to the terms of these zoning regulations.

300.048A - Driveway.

Sec. 3.17A. Driveway means an improved or unimproved path or road extending from a public or private road or right-of-way to a single building, dwelling or structure, intended to provide ingress and egress primarily for the occupants thereof.

(Ord. of 9-2-1999)

300.049 - Dwelling unit.

Sec. 3.18.  A building, or portion of a building, designed for use and occupancy by one family for living and sleeping purposes, with housekeeping facilities.

(Amend. of 8-6-1985; Ord. No. 01-16O, § 1, 9-29-2016)

300.050 - Dwelling, single-family.

Sec. 3.19. A detached building designed exclusively for and containing one dwelling unit only.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.051 - Dwelling, two family.

Sec. 3.20. A detached building designed exclusively for and containing two dwelling units only. A two-family dwelling is also a duplex.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052 - Dwelling, multiple family.

Sec. 3.21. A building designed exclusively for and containing three or more dwelling units.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052A.01 -  Dwelling unit, attached.

Sec. 3.21A[B]. A dwelling unit attached to one or more dwelling units by common major structural elements.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052A.02 -  Dwelling unit, detached.

Sec. 3.21B[C]. A dwelling unit which is not attached to by common major structural elements any other dwelling unit by any means.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052A.03 -  Dwelling; bi-level.

Sec. 3.21C[D]. A dwelling consisting of two stories, one of which may be a basement or cellar having a vertical distance from the grade to the ceiling of four feet or more.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052A.04 -  Dwelling; split-level.

Sec. 3.21D[E]. A dwelling consisting of more than two levels of living space, any two of which shall be at or 75% above grade level.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.052A.1 - Earth change.

Sec. 3.52A.1. An artificial change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.

(Ord. of 7-5-2007)

300.052A - Easement.

Sec. 3.21A. A grant of one or more of the property rights by a property owner to and/or for use by the public, or another person or entity.

(Ord. of 9-2-1999)

300.053 - Erect.

Sec. 3.22. The term "erect" shall include build, construct, reconstruct, alter, move, and any physical operations on the land required for building, including excavations, fillings, drainage and like operations.

300.054 - Essential services.

Sec. 3.23. The erection, construction, installation and maintenance by public utilities or municipal departments or commissions of any improvements or equipment for furnishing gas, electric, steam, water, sewer services, and transportation.

300.055 - Family.

Sec. 3.24. 

A.

An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and legal wards of the principal occupants, with not more than three additional unrelated persons, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

B.

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relation is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or another similar determinable period.

(Amend. of 11-7-1985; Ord. No. 01-16O, § 1, 9-29-2016)

300.055A - Family child care home.

Sec. 3.24A. A dwelling unit, in which 1 but fewer than 7 minor children are received for care and supervision for compensation 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 child care home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.056 - Farm.

Sec. 3.25. Land, plants, animals, buildings, structures (including ponds used for agricultural or aqua cultural activities), machinery, equipment, and other appurtenances used in the commercial production of farm products.

(Ord. of 5-19-2011, § 1)

300.056A - Farm product.

Sec. 3.25A. Those plants and animals useful to humans produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock (including breeding and grazing), equine, fist and other aqua cultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur as determined by the Michigan Commission of Agriculture.

(Ord. of 5-19-2011, § 2)

300.056B - Farm market.

Sec. 3.25B. A place, area, or buildings from which farm products produced on and by an affiliate farm are sold. A farm market must also meet one of the following requirements: the square footage devoted to the sale of such farm products must constitute at least 50 percent of the total square footage used to display all of the products offered for retail sale; or at least 50 percent of the gross dollars of products sold must be from farm products produced on and by the affiliated farm.

(Ord. of 5-19-2011, § 3)

300.356C - Affiliate farm.

Sec. 3.25C. A farm under the same ownership or control as a farm market.

(Ord. of 5-19-2011, § 4)

300.356D - Farm operation.

Sec. 3.25D. The operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, and includes, but is not limited to:

(i)

Marketing produce at roadside stands or farm markets.

(ii)

The generation of noise, odors, dust, fumes, and other associated conditions.

(iii)

The operation of machinery and equipment necessary for a farm including, but not limited to, irrigation and drainage systems and pumps and on-farm grain dryers, and the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations on the roadway as authorized by the Michigan Vehicle Code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.

(iv)

Field preparation and ground and aerial seeding and spraying.

(v)

The application of chemical fertilizers or organic materials, conditioners, liming materials, or pesticides.

(vi)

Use of alternative pest management techniques.

(vii)

The fencing, feeding, watering, sheltering, transportation, treatment, use, handling and care of farm animals.

(viii)

The management, storage, transport, utilization, and application of farm by-products, including manure or agricultural wastes.

(ix)

The conversion from a farm operation activity to other farm operation activities.

(x)

The employment and use of labor.

(Ord. of 5-19-2011, § 5)

300.057 - Farm buildings.

Sec. 3.26. Any building or structure other than the dwelling or dwellings erected, maintained or moved upon, or used on a farm, essential and necessary to that type of farming to which said land is devoted.

300.057A.1 - Filtered view.

Sec. 3.26A.1. The maintenance or establishment of woody vegetation of sufficient density to screen development from the Rabbit River feature, to provide for bank stabilization and erosion control, to serve as an aid to infiltration of surface runoff and to provide cover to shade the water in a manner which still allows a partial view to the water feature.

(Ord. of 7-5-2007)

300.057A - Frontage.

Sec. 3.26A. That portion of a lot abutting on a public street or approved private road; the front lot line.

(Ord. No. 42-1, 12-3-1992)

300.058 - Garage; private.

Sec. 3.27. A detached accessory building or a portion of a main building used only for the storage of passenger vehicles and one truck of a rated capacity not exceeding one and one-half tons.

300.059 - Garage; commercial.

Sec. 3.28. Any building or premises used for the housing, caring for, servicing or repairing of motor-driven vehicles or other vehicles used in connection therewith or used incidental thereto.

300.060 - Grade.

Sec. 3.28A. A reference plane representing the average of finished ground level adjoining the building at the exterior walls.

(Amend. of 1-3-1985)

300.060A - Group child care home.

Sec. 3.28B. A dwelling unit in which more than 6 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 child care home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year

(Ord. No. 01-16O, § 1, 9-29-2016)

300.061 - Hotel.

Sec. 3.29. The word "hotel" shall designate any building other than a motel or tourist court or tourist cabin where lodging with or without meals is furnished to transient and resident guests, and shall contain more than four sleeping rooms and be unequipped with cooking facilities in all individual rooms or lodgings, but in which a restaurant may or may not be located.

300.061A - Household.

Sec. 3.29A. A family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.061B - Housekeeping unit.

Sec. 3.29B. A Dwelling Unit organized as a single entity in which the members of the household share common housekeeping facilities.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.061C - Housekeeping facilities.

Sec. 3.29C. Complete, independent living facilities, including areas for living, sleeping, eating, cooking, and sanitation, and the following permanent fixtures and appliances: stove, refrigerator, kitchen sink, tub or shower, lavatory and water closet.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.062 - Junkyard.

Sec. 3.30. A place where junk, waste, or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked vehicles, used building materials, structural steel materials and equipment and other manufactured goods that are worn, deteriorated or obsolete.

300.063 - Kennel, commercial.

Sec. 3.31. Any lot or premises on which more than four dogs or cats six months of age or older, are kept either permanently or temporarily for the purpose of boarding or breeding for compensation, but not including a veterinary hospital if animals are boarded only during periods necessary for treatment or recuperation.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.063A - Kennel, private.

Sec. 3.31A. Any lot or premises on which more than four dogs or cats six months of age or older, are owned and kept by the occupant of the dwelling.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.063B - Livestock production facility.

Sec. 3.31A. Includes all facilities where farm animals as defined in the Right to Farm Act are confined with a capacity of 50 animal units or greater and/or the associated manure storage facilities. Sites such as loafing areas, confinement areas, or feedlots, which have livestock densities that preclude a predominance of desirable forage species, are considered part of a livestock facility. Pasture lands are excluded.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.064 - Lodging house.

Sec. 3.32. A building, primarily a family dwelling, where lodging with or without meals is furnished on a payment basis, to four or more persons who are not members of the family occupying said premises, but where it is not obligatory to so accommodate anyone who may apply.

300.064A - Lot area.

Sec. 3.32A. The total horizontal area within the lot lines or property boundary of a lot which includes the area within public and private road rights of way if such area is included within the legal description of the lot.

(Ord. of 5-6-2004; Ord. No. 05-04, 5-6-2004)

300.065 - Lot.

Sec. 3.33. A parcel of land which is separately described on a deed or other instrument recorded in the office of the Register of Deeds, whether by metes and bounds description, as part of a platted subdivision or condominium unit intended for individual ownership and use and which has frontage on a public or private street except as may be allowed by this zoning ordinance.

(Ord. No. 92-1, 12-3-1992; Ord. No. 01-16O, § 1, 9-29-2016)

300.065A - Lot width.

Sec. 3.33A. The horizontal distance between side lot lines measured parallel to the front lot line at the minimum required building setback line.

(Ord. No. 92-1, 12-3-1992)

300.066 - Lot; corner.

Sec. 3.34. A lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

300.067 - Lot; interior.

Sec. 3.35. A lot other than a corner lot.

300.068 - Lot; through.

Sec. 3.36. An interior lot having frontage on two streets.

300.069 - Reserved.

Sec. 3.37. Reserved.

300.069A - Lot coverage.

Sec. 3.37A. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.069B - Lot depth.

Sec. 3.37B. The distance between the front lot line and the rear lot line measured along the median between the side lot lines.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.069C - Lot lines.

Sec. 3.37C. The lines bounding a lot or parcel as defined herein.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.070 - Front lot line.

Sec. 3.38. The right of way line of the street abutting the lot. A corner lot and through lot have more than one front lot line.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.071 - Lot line; rear.

Sec. 3.39. That lot line which is opposite and most distant from the front lot line. The rear lot line of any irregular, triangular or gore shaped lot shall, for the purpose of this Ordinance, be a line entirely within the lot, ten feet long and parallel to and most distant from the front lot line.

300.072 - Side lot line.

Sec. 3.40. Any lot line not a front lot line or a rear lot line.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.073 - Lot line; alley.

Sec. 3.41. A lot line separating the lot from an alley.

300.073A - Marijuana.

Sec. 3.41A. That term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marijuana used in this ordinance and not otherwise defined shall have the meaning given to it in the Michigan Medical Marijuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act.

(Ord. of 11-17-2011, § 1)

300.073B - Medical (use of) marijuana.

Sec. 3.41B. The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marijuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq.

(Ord. of 11-17-2011, § 1)

300.073C - Medical marijuana dispensary.

Sec. 3.41C. Any business, facility, association, cooperative, location, or operation, which is operated for profit or non-profit, whether fixed or mobile, where medical marijuana is made available to be sold, processed, delivered, or distributed by or to two (2) or more of the following:

1.

A primary caregiver as defined by Michigan Initiated Law 1 of 2008 as amended.

2.

A qualifying patient as defined by Initiated Law 1 of 2008 as amended.

3.

Members of the public.

A medical marijuana dispensary shall also include any place, location, facility, cooperative, or operation, which is operated for profit or non-profit, whether fixed or mobile, where medical marijuana is smoked or consumed by three or more persons at one time.

A medical marijuana dispensary shall not include the dispensation of medical marijuana by a primary caregiver personally dispensing to not more than five qualified patients in strict accordance with the Michigan Initiated Law 1 of 2008, as amended, so long as the lawful amount of medical marijuana is delivered to the qualifying patient where the qualifying patient resides and it is done in full compliance with this Ordinance as well as all other applicable Township Ordinances and applicable Michigan and Federal laws, rules and regulations.

A qualifying patient using and growing medical marijuana as defined and permitted by Michigan Initiated Law 1 of 2008, as amended, shall not be considered to be a medical marijuana dispensary.

A medical marijuana dispensary shall also not include the following uses: A state-licensed health care facility; a State-licensed residential care facility for the elderly or infirmed; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of Dorr Township and applicable Michigan and Federal laws, rules, and regulations.

(Ord. of 11-17-2011, § 1)

300.074 - Mobile home.

Sec. 3.42. A structure, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

(Amend. of 8-6-1981; Ord. of 5-5-1994)

300.075 - Mobile home lot.

Sec. 3.43.  A measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.

300.076 - Mobile home pad.

Sec. 3.44. That portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures or additions.

300.077 - Mobile home park.

Sec. 3.45. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

(Ord. of 5-5-1994)

300.078 - Mobile home subdivision.

Sec. 3.46. A mobile home park except that the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Michigan Act 288 of 1967, as amended.

300.078A - Modular/manufactured housing.

Sec. 3.46A. A dwelling unit which consists of prefabricated units wholly or substantially constructed at an off-site location and transported to a lot or parcel on a removable undercarriage or flat-bed and assembled for permanent location on a lot or parcel to be used for residential purposes and which meets the requirements of the building code of the Dorr Township.

(Ord. No. 01-16O, § 1, 9-29-2016)

300.079 - Motel.

Sec. 3.47. A building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking space located on the lot and designed for, or occupied by, automobile travelers.

300.080 - Motor vehicle.

Sec. 3.48. Every vehicle which is self-propelled.

300.081 - Occupation; home.

Sec. 3.49. A gainful occupation carried on in the home as a use incidental to the use of the home as a dwelling place, subject to the conditions contained in Section 4.23. Home occupations may include any profession, vocation or trade, but shall not include nursery schools or day care centers caring for more than twelve minor children (not including children related to an adult member of the household by blood, marriage or adoption), photographic studios, restaurants, retail sales, or vehicle repairs.

(Amend. of 1-3-1985; Ord. of 8-21-1997)

300.081A - Open space preservation project.

Sec. 3.49A. A single family development in which a portion of the project will remain preserved in an undeveloped state in accordance with Section 16h of the Township Zoning Act (MCLA 125.286h).

(Ord. of 11-21-2002)

300.081B - Ordinary high water mark.

Sec. 3.49B. The line between upland and bottomland that persists through successive changes in the water level, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.

Delineation of the ordinary high water mark entails the identification of indicators on the bank of a lake or stream and the transition line between, aquatic vegetation (such as sedges and cattails) and terrestrial vegetation (perennial grasses and woody shrubs) or the scour line on exposed earth on the bank (from constant erosion) and terrestrial vegetation. On any stream where the ordinary high water mark cannot be found, the top of the lowest stream bank on either side of stream shall substitute. In braided channels, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. (See Figure). On an inland lake that has a level established by law, it means the high established level.

(Ord. of 7-5-2007)

300.082 - Parks.

Sec. 3.50. Any noncommercial, recreational area.

300.083 - Parking area, space or lot.

Sec. 3.51. An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors, or employees. Parking area shall include access drives within the actual parking area.

300.084 - Parking bay.

Sec. 3.52. A hard surface area adjacent and connected to, but distinct from, a street intended for parking motor vehicles.

300.085 - Pier.

Sec. 3.53. Concrete posts embedded in the ground to a depth below the frost line at regular intervals along the longitudinal distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.

300.086 - Planning Commission.

Sec. 3.54. The Dorr Township Planning Commission.

300.086A - Porch, enclosed.

Sec. 3.54A. A covered entrance to a building or structure which is totally enclosed and projects out from the wall of said building or structure and has a separate roof or integral roof with the principal building or structure to which it is attached.

(Ord. No. 29, 9-2-1993)

300.086B - Porch, unenclosed.

Sec. 3.54B. A covered entrance to a building or structure which is unenclosed except for columns supporting the porch and projects out from the 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.

(Ord. No. 29, 9-2-1993)

300.087 - Principal or main use.

Sec. 3.55. The primary or predominant use of lot or parcel of land.

300.087A - Private road.

Sec. 3.55A. A roadway which is privately owned and maintained and which provides the principal means of access to more than one abutting lot(s) or dwelling unit(s).

(Ord. No. 92-1, 12-3-1992)

300.087B - Private road easement.

Sec. 3.55B. An easement which is granted exclusively for private access to more than one parcel of land or lot and which contains or is intended to contain a private road.

(Ord. of 9-2-1999)

300.087C - Private road, existing.

Sec. 3.55C. A private road which is used to provide access to lots, buildings or dwellings existing as of the effective date of this chapter.

(Ord. of 9-2-1999)

300.088 - Public court or alley.

Sec. 3.56. A public thoroughfare less than 30 feet wide.

300.088A - Recreational vehicle and equipment.

Sec. 3.56A. A vehicle or piece of equipment intended for recreational use, including but not limited to airplanes, boats, floats, camping or travel trailers, motor homes, detachable travel equipment of a type adaptable to light duty trucks, boat trailers, utility trailers, snowmobiles and other equipment or vehicles of a similar nature.

(Ord. of 10-6-1994)

300.088B - Right-of-way.

Sec. 3.56B. A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(Ord. of 9-2-1999)

300.089 - Roadside stands.

Sec. 3.57. A farm structure used or intended to be used solely by the owner or tenant of the farm or other piece or parcel of land on which it is located, for the sale only of seasonal farm products, in the immediate locality, and to transients.

300.090 - Setback, setback line, building setback.

Sec. 3.58. The minimum horizontal distance set forth in the Dorr Township Zoning Ordinance for each district as measured from the front, rear and side lot lines to the nearest wall or foundation of the principal building which establishes the area within which buildings and structures must be erected or placed. Setback, Setback Line and Building Setback are the same as Required Yard as defined herein. See Figure 2-2.

(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. No. 01-16O, § 1, 9-29-2016)

300.091 - Stables; private.

Sec. 3.59. An accessory building used or to be used for the housing of horses or other domestic animals owned or used by the occupant of the premises, on which it is located, and by his immediate family.

300.092 - Stables; public.

Sec. 3.60. A building in the nature of a private stable to be used for the housing and caring for horses or any other domestic animals for hire.

300.092A - Stream Bank.

Sec. 3.60A. The portion of the stream channel cross section that restricts the lateral movement of water at normal bank-full levels often exhibiting a distinct break in slope from the stream bottom.

(Ord. of 7-5-2007)

300.093 - Street.

Sec. 3.61. A public owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, land, boulevard, highway, road, or other thoroughfare, except an alley.

300.094 - Story.

Sec. 3.62. That portion of a building between the surface of any floor and the floor surface next above or below it.

300.095 - Story; half.

Sec. 3.63. That portion of a building between the eaves and ridge lines of a pitched roof, which space may or may not be available for tenancy.

300.096 - Structure.

Sec. 3.64. Anything except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

300.097 - Tourist cabins or courts.

Sec. 3.65. Any lot, site, tract or parcel of land upon which one or more cabins are constructed, designed and equipped to accommodate chiefly automobile tourists, consisting mainly of individual cabins and occasionally of double cabins with or without cooking facilities.

300.098 - Tourist home.

Sec. 3.66. A building, other than a hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

300.098A - Tower.

Sec. 3.67[3.66A]. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. Tower includes those used for transmission for radio and television, microwave, common carrier, cellular telephone, alternative tower structures and the like. Tower includes the structure thereof and any support thereto.

(Ord. of 2-3-1999)

300.098B - Tower height.

Sec. 3.68[3.66B]. The distance measured from the finished grade of the parcel of land to the highest point on the tower or other structure, including the base pad and any antenna.

(Ord. of 2-3-1999)

300.099 - Township.

Sec. 3.67. Dorr Township, Allegan County, Michigan.

300.100 - Township Board.

Sec. 3.68. The Dorr Township Board.

300.101 - Mobile Home Park Act.

Sec. 3.69. Mobile Home Commission Act of 1976, as amended.

(Amend. of 1-3-1985)

300.102 - Use; nonconforming.

Sec. 3.70. The use of a building, structure or land, which was lawfully existing at the time this Ordinance became effective, but which does not comply with the present regulations of the district in which it is located.

300.102A - Wetland.

Sec. 3.70A. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is contiguous to an inland lake, a river or stream.

(Ord. of 7-5-2007)

300.103 - Yard.

Sec. 3.71. The open space on a lot between the lot line and the foundation or wall of the principal building, whichever is closer. See Figure 2-2.

(Ord. No. 17, 8-3-1989; Ord. No. 01-16O, § 1, 9-29-2016)

300.104 - Yard; front.

Sec. 3.72. The space extending across the full width of the lot between the front lot line and the wall or foundation of the principal building whichever is closer. A corner lot has two front yards. See Figure 2-2.

(Ord. No. 17, 8-3-1989; Ord. No. 01-16O, § 1, 9-29-2016)

300.105 - Yard; rear.

Sec. 3.73. The space extending across the full width of the lot between the rear lot line and the wall or foundation of the principal building, whichever is closer. See Figure 2-2.

(Ord. No. 17, 8-3-1989; Ord. No. 01-16O, § 1, 9-29-2016)

300.105A - Yard, required.

Sec. 3.73A. The space between a lot line and the setback line. The required yards establish the area within which buildings and structures must be erected or placed. A Required Yard is the same as Setback and Building Line as defined herein. See Figure 2-2.

Figure 2-2

Figure 2-2

(Ord. No. 01-16O, § 1, 9-29-2016)

300.106 - Yard; side.

Sec. 3.74. The space between the side lot line and the wall or foundation of the principal building, whichever is closer, extending from the front yard to the rear yard. See Figure 2-2.

(Ord. No. 17, 8-3-1989; Ord. No. 01-16O, § 1, 9-29-2016)

300.107 - Zoning Act.

Sec. 3.75. The Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

(Ord. of 1-15-2009)

300.108 - Zoning Inspector.

Sec. 3.76. The Dorr Township Zoning Inspector.