The language and definitions within this ordinance are intended to follow the common meaning for words or their standard utilization. The following rules shall also apply with regards to the use of terms within this ordinance:

The word "shall" is mandatory while the word "may" is discretionary.

The word "building" includes the word "structure" and also includes any addition or extension.

The word "person" or "applicant" shall include individuals, associations or corporations.

The zoning administrator shall be consistent in his use and interpretation of the text. Where there is a dispute with regards to the meaning of a word or the context in which it is utilized, the zoning board of appeals shall define and interpret this language.

1.

Abandon. Cease to use or occupy a building, structure or land for its permitted use for the period specified in this ordinance.

2.

Access. A point or area established thorough a driveway for a single lot or unit, or through a private driveway of no less than 20 feet in width serving two lots or units. Each lot or unit must be provided access and must meet the site development regulations for the district in which it is located.

3.

Accessory building. A subordinate building, the use of which is clearly incidental to that of the principal building or to the use of the land and which is attached securely to a permanent masonry foundation or similar permanent footings. An accessory building may not be constructed until a principal building and use has been established.

4.

Accessory system. A solar energy system that is an accessory to the primary use of a property, such as a residence or a commercial building, and that provides electricity intended for use by a primary structure located on the same parcel as the SES. Accessory systems can range in size and configuration. They typically range from being small enough to power an exterior light fixture to being large enough to power electricity for multiple buildings, for instance livestock or equipment barns. Accessory systems can be affixed to the roof or wall of a building or can be freestanding, ground-mounted structures.

5.

Accessory ground-mounted solar energy system. A ground-mounted accessory system.

6.

Accessory use. A use subordinate to the principal use on a lot and used for a purpose clearly incidental to those of the main use.

7.

Act. The Michigan Zoning Enabling Act, 2006 PA 110, as amended (MCL 125. 3101, et seq.).

8.

Agricultural. Includes purposes related to agriculture, farming, dairying, pasturage, horticulture, and animal and poultry husbandry.

9.

Alley. A public or legally established private thoroughfare, other than a street, which affords a secondary means of access to abutting property, and not more than 20 feet wide.

10.

Alterations. Any change, addition or modification in construction, 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."

11.

Animal unit. Defined as the unit of measurement as to the size of an animal feeding operation as described and regulated under section 10.32.

12.

Animated signs. Any sign having a conspicuous and intermittent variation in the illumination of the physical portion of any part of the sign.

13.

Apartment. (See dwelling, multiple-family).

14.

Area, net site. The total area within the property lines of a project excluding external streets.

15.

Automobile vehicle or trailer sales area. Any space used for display, sale or rental of motor vehicles, motorcycles or trailers, manufactured homes or similar sales of new or used vehicles or trailers in operable condition.

16.

Automotive repair. General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame or fender straightening and repair, or overall painting and undercoating of automobiles when carried on in a completely enclosed room or building.

17.

Basement. That portion of a building which is below the first story, the ceiling of which is less than five feet above the surrounding ground elevation or where more than one-half of the height of the story is below the average ground line.

18.

Billboard. Any sign used as an outdoor display for purposes of advertising any business, product or service not located on the same parcel as the business, product or service. This definition does not include any bulletin boards used to display official court or public office notices.

19.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents and awnings.

20.

Building coverage. That percentage of the lot or parcel area covered by buildings or other structures.

21.

Building height. The vertical distance measured from the established sidewalk grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided such average elevation shall not exceed the established sidewalk grade at the center of the front of the building by more than one inch for each front foot that the building sets back from the front line.

22.

Building-integrated solar energy system. A solar energy system that is an integral part of a primary or accessory building or structure (rather than a separate mechanical device), replacing or substituting for an architectural or structural component of the building or structure. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

23.

Building permit. A permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this zoning ordinance.

24.

Church. A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain worship, together with all accessory buildings and uses customarily associated with such principal purpose.

25.

Club or lodge, private. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members at a meeting. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization and further provided that such sale of the alcoholic beverage is in compliance with the applicable federal, state and municipal laws.

26.

Commercial kennel. Any lot on which three or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.

27.

Common element. An unoccupied area within a site condominium project which is reserved for the enjoyment of all residents (a general common element) or by only some residents (a limited common element) and maintained by those residents through associations.

28.

Community and governmental building. A building on land owned by, leased by, or mortgaged by a governmental entity for which the use is of benefit to the community.

29.

Special use. A use specified in this ordinance which requires a special use permit issued by the township board and is not considered to be a nonconforming use.

30.

Court. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

31.

Court, outer. A court enclosed on not more than three sides by exterior walls of a building and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

32.

Crematorium. A furnace for burning dead human bodies to ashes, including the structure housing the furnace.

33.

District. A portion of the incorporated part of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

34.

Donation boxes. A freestanding accessory structure, container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term excludes any unattended donation boxes located within a building.

35.

Drive-in or drive-thru [through]. An establishment that provides for services to be offered in a manner which accommodates the patron through remaining in their vehicle within either the off-street parking area accessory to the business or through a designated drive-thru [through] lane adjacent to the business. The use of drive-in or drive-thru [through] approaches may require the approval of a special use permit and shall be subject to site plan review.

36.

Dual use. A solar energy system that employs one or more of the following land management and conservation practices throughout the project site:

a.

Agrivoltaies. Solar sites that combine raising crops for food, fiber, or fuel, and generating electricity within the project area to maximize land use.

b.

Conservation cover. Solar sites designed in consultation with conservation organizations that focus on restoring native plants, grasses, and prairie with the aim of protecting specific species (e.g., bird habitat) or providing specific ecosystem services (e.g., carbon sequestration, soil health).

c.

Forage. Solar sites that incorporate rotational livestock grazing and forage production as part of an overall vegetative maintenance plan.

d.

Pollinator habitat. Solar sites designed to meet a score of 76 or more on the Michigan Pollinator Habitat Planning Scorecard for Solar Sites.

37.

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

38.

Dwelling, one-family. A building designed exclusively for one dwelling unit.

39.

Dwelling unit, two-family. A building designed exclusively for two dwelling units.

40.

Dwelling unit, multiple-family. A building, or portion thereof, designed exclusively for three or more dwelling units and occupancy by three or more families living independently of each other.

41.

Electronic arcades. An establishment which has on the premises more than two electronic amusement games for the use of its customers or patrons.

42.

Emergency rules. Rules as promulgated by the department of Licensing and Regulatory Affairs (LARA) to establish emergency rules for the purpose of implementing the Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq.

43.

Essential services. The phrase "essential services" means the erection, construction, alteration or maintenance by public utilities or municipal department or commission of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare. Telecommunication towers and similar facilities developed for private enterprise shall not be considered essential services.

44.

Family. One person, or group of two or more persons living together as a traditional family unit, interrelated by bonds of consanguinity, marriage, or legal adoption, or as established by the court system (such as foster children) occupying the whole or part of a dwelling as a separate housekeeping unit with a common and single set of culinary facilities.

In addition to the traditional family, a functional family may be established through a non-transient relationship defined as one or more persons living together and legally sharing responsibility, through means of a mortgage, lease agreement or similar commitment of at least a one-year duration. This definition does not include the occupants of a rooming or boarding house as a family unit.

45.

Farm. All of the contiguous neighboring or associated land operated as a single unit on which bona fide agriculture 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; provided, however, that land being considered a farm hereunder shall include a continuous parcel often acres or more in area.

46.

Flea markets. Open air display of either new or used manufactured items for sale. Not intended to include garage sales or yard sales conducted on one's own premises or one's own items on a residential property.

47.

Floodplain. That portion of land adjacent to a water body or watercourse which is subject to periodic inundation.

48.

Floor area. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "floor area" of a building shall include the area of any floor when more than one-half of the room height is above the established curb level, or above the finished lot grade level where curb levels have not been established. "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed located on the roof), penthouses, attic space having headroom of seven feet, six inches or more, interior balconies and mezzanines. Any space devoted to off-street parking or loading shall not be included in "floor area." The floor area of a house which has a roof covered with earth shall be measured by considering the base floor as the main floor.

49.

Frontage. All the property fronting one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.

50.

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

51.

Garage, private. A garage with capacity for not more than four motor-driven vehicles for storage only.

52.

Gasoline service station. Any building, or premises used for the dispensation, sale or offering for sale at retail of any motor fuels, oils or lubricants. When the dispensing, sale or offering for sale is incidental to the conduct of a commercial garage, the premises are classified as a commercial garage.

53.

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 level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

54.

Greenbelt buffer. A strip or parcel of land privately restricted or publicly dedicated as open space, located between land uses for the purpose of protecting the character of adjacent residential or other uses. Said greenbelt buffer shall include, but not be limited to, the following materials: open space with maintained grass cover, evergreens, deciduous trees, shrubs, bushes.

55.

Ground-mounted solar energy system. A solar energy system mounted on support posts, like a rack or pole, that are attached to or rest on the ground.

56.

Group housing projects and group garden apartment projects. A tract of land of not less than five acres in area which is used for any purpose permitted in the MF district and which is developed in accordance with the requirements set forth in section 10.23 of this ordinance.

57.

Group housing. Two or more multiple dwellings on a parcel of land under single ownership.

58.

Grower. A licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

59.

High-density animal feeding operation. An animal feeding or intensive livestock operation that houses or confines animals whose number totals 1,000 or more animal units.

60.

Highway. (See "Street, major").

61.

Home occupation. An occupation that is traditionally or customarily carried on in the home, including the giving of instruction in a craft or fine art within the residence, provided:

a.

That such occupation is incidental to the residential use to the extent that no more than 30 percent of usable floor area of the principal building, and 50 percent of an accessory building shall be occupied by such occupation.

b.

That such occupation shall not require internal or external alterations or construction features or equipment or machinery not customarily located in residential areas.

c.

That there is no more than one employee other than members of the resident family.

62.

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, central services facilities and staff offices.

63.

Hotel; motel. A building containing primarily rooming units with the number of dwelling units being not greater than ten percent of the total number of rooming units, and with the exception of the unit occupied by the management staff used only for the accommodation of transients.

64.

Impound lot. Storage for legally seized vehicles, within a fenced area for a period of time not to exceed 30 days, except by the written request of a municipal policing authority.

65.

Incinerator. That structure devised for burning large quantities of trash or waste to an inert state (ashes).

66.

Indoor shooting range. A totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use. The range may be used for archery or firearms to practice marksmanship. For purposes of this ordinance an indoor shooting range must be located in the same building as a licensed gun retailer.

67.

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.

68.

Inoperative vehicle. Any vehicle which is dismantled or partially dismantled or is not licensed and/or insured for in excess of 15 days and shall also include whether so licensed and insured or not, any motor vehicle/inoperative vehicle which is inoperative (not operative; not working) for any reason for a period in excess of ten days. For the purpose of this ordinance, the definition of vehicle is as contained in section 2 of 1976 PA 419 (MCL 125.1102).

(Amended 3/1994)

69.

Invasive plant. Non-native (or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

70.

Junkyard. Any land or buildings where waste, used or second-hand materials are bought and sold, exchanged, stored, baled, parked, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than 50 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

71.

Keyhole (riparian) access. An approved access parcel, lot or common area where access to a water body is intended for use by more than one parcel, lot or unit owner. For land division (parcels), this shall be an approval by the planning commission through site plan review. For subdivisions (lots), this shall be an approval by the planning commission and township board within the platting process. For site condominium projects and planned unit development, this shall be an approval of a special use permit by the township board and approval of the site plan by the planning commission. The standard utilized shall be that the width of the access parcel fronting on the water body shall be equal to the cumulative required lot widths of the parcels, lots or units with riparian rights provided solely by deeded access. A copy of the (master) deed provisions or restrictions shall be filed with the township following approval of the land division, subdivision or site condominium/PUD project.

(Amended 10-11-2002)

72.

Kilowatt (KW). A unit of electrical power equal to 1,000 watts.

73.

Land division. The regulation for splitting or dividing parcels of land subject to both the Emmett Township Land Division Ordinance and this zoning ordinance. Approval of land division shall be based upon complying with regulations relating to lot area, lot width, lot depth and means of access.

74.

Large scale SES. A solar energy system which produces one megawatt (MW) or greater and requires at least five acres on a single site or multiple parcels of land used for the project.

75.

Licensee. A person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq.

76.

Living space. That area within a structure intended, designed, erected or used for human occupancy; that is, the sum of the gross horizontal area of the floor in question of the building used for occupancy, measured from the exterior faces of the exterior walls, from the centerline of walls separating two buildings, from the centerlines of interior walls and excluding porches, garages, [and] breezeways not usable the year around.

77.

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.

78.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this ordinance (including one principal building together with its accessory buildings) and providing the open spaces, parking and loading spaces required by this ordinance. Said parcel of land may consist of one or more lots of record according to any recorded plat, but for the purpose of this ordinance shall be deemed one parcel or lot if title to the property is held under one deed. A "site" within a site condominium project shall be deemed the equivalent of a lot for purposes of approval unless otherwise approved as part of a planned unit development project and incorporated into the master deed.

79.

Lot, corner. A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than 135 degrees. A lot abutting upon a curved street, or streets, shall be considered a corner lot for the purposes of this 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 street line extended from an interior angle of less than 135 degrees.

80.

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

81.

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

a.

Front lot line. In the case of an interior lot, the line separating said lot from the street, in the case of a corner lot or double frontage lot, the line separating said lot from that street which is designated as the front street in the plot. In the case of lots bordering on a lake, river, or canal. The established water or shoreline shall be designated as the rear of such lots.

b.

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

c.

Side lot line. Any lot line other than the front lot lines or the rear lot lines.

82.

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

83.

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

84.

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

85.

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 purposes 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.

86.

Lot width. The horizontal distance between the side lot lines, measured at the frontage of the lot along the road right-of-way. Such lot width may be measured at the building line where the lot or site is a part of a traditional plat or site condominium project subject to that approval process.

87.

Marijuana or marihuana. These terms shall have the meaning ascribed to them by the Public Health Code, MCL 333.1101, et seq.; the Michigan Medical Marihuana Act, MCL 333.26421, et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901, et seq.

88.

Marijuana facility. An enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq., including a marijuana grower, marijuana processor, marijuana provisioning center, marijuana secure transporter, or marijuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421, et seq.

89.

Master plan. The plan prepared and adopted by the township planning commission under the provisions of 1959 PA 168 (MCL 125.321 et seq.).

90.

Maximum tilt. The maximum angle of a solar array (i.e., most vertical position) for capturing solar radiation as compared to the horizon line.

91.

Megawatt (MW). A unit of electrical power equal to 1,000,000 watts.

92.

Minimum tilt. The minimal angle of a solar array (i.e., most horizontal position) for capturing solar radiation as compared to the horizon line.

93.

Mini-storage rental facility. An establishment which provides storage rooms to the general public for remuneration.

94.

Mobile home. A vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to required utilities and which is, or is intended to be attached to the ground, to another structure, or to a utility system on the same premises for more than 30 days.

95.

Mobile home park. Any subdivision, however designated, that is occupied or designed for location of three or more mobile or manufactured homes, pursuant to the requirements of the State of Michigan Mobile Home Commission.

96.

Modular housing unit. A unit constructed solely within the factory in various-sized modules, which are then transported by flatbed, or other means, to the site where they are assembled on permanent foundations, to form single-family dwellings which are either attached (in rows or clusters), stacked or detached.

97.

Nonconforming building. A building or portion thereof, existing at the effective date of this ordinance, or amendments thereto, and which does not conform to the provisions of the ordinance nor to the use regulations of the district in which it is located.

98.

Nonconforming use. A use which lawfully occupied a building or land at the time of this ordinance, or amendments thereto became effective, and which does not conform to use regulations of the district in which it is located.

99.

Non-participating lot(s). One or more lots for which there is not a signed lease or casement for development of a principal-use SES associated with the applicant project.

100.

Nursing or convalescent home. A structure with sleeping rooms where persons are housed or lodged and furnished meals and nursing care for hire.

101.

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 more than two automobiles.

102.

Open space. Any space suitable for recreation, gardens or household-service activities such as clothes drying. Such space must be at least 75 percent open to the sky, free of automotive traffic, parking and undue hazard, and readily accessible by all those for whom it is intended.

103.

Outdoor production. An enterprise involving the growing of marijuana in an expanse of open or cleared ground or in a greenhouse, hoop house, or similar non-rigid structure that does not utilize any artificial lighting, including but not limited to electrical lighting sources.

104.

Parking space. An off-street land area of no less than 180 square feet, exclusive of driveways, and developed so as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public street or alley.

105.

Participating lot(s). One or more lots under a signed lease or easement for development of a principal-use SES associated with the applicant project.

106.

Person. An individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

107.

Photovoltaic (PV) system. A semiconductor material that generates electricity from sunlight.

108.

Places of amusement, entertainment, or recreation. Commercial services such as but not limited to: bowling alleys, dance halls, skating rinks, swimming pools, electronic arcades, billiard halls, movie theaters, places that serve alcoholic beverages, health and fitness centers, climbing gyms, miniature golf, and golf driving ranges.

109.

Planned shopping centers or drive-in plazas. A tract of land occupying not less than five acres which is located in and which is to be used for any purpose permitted in a commercial district. In addition, upon development of the shopping center the facility may be utilized for temporary nonprofit exhibits and special nonprofit civic events conducted in conformance with any temporary permits issued by the township.

110.

Planned unit development. This is a tract of land which includes two or more principal buildings developed under single ownership or control; the development of which is unique and of a substantially different character than that of the surrounding area, and where the specific requirements of a given district may be modified and where the minimum area is fixed. Such development shall be based on a plan which allows for flexibility of design not available under normal zoning district requirements. A non-residential or mixed-use site condominium project shall meet the requirements for planned unit development.

111.

Planned unit residential development. This is a tract of land developed for residential purposes and under single ownership or control through an association, as regulated within a master deed. A residential site condominium project shall adhere to the standards for planned unit residential development.

112.

Portable display sign. A mobile/temporary, electrical or nonelectrical sign that is mounted on a trailer-type frame with wheels or skids or portable wood or metal frame and not permanently attached to the ground; menu and sandwich boards; searchlight stands; and hot-air or gas-filled balloons or umbrellas used for advertising.

113.

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

114.

Principal-use solar energy system. A commercial, ground-mounted solar energy system that converts sunlight into electricity for the primary purpose of off-site use through the electrical grid or export to the wholesale market.

115.

Principal-use (large) solar energy system. A principal-use SES generating more than 2 MW DC for the primary purpose of off-site use through the electrical grid or export to the wholesale market.

116.

Principal-use (small) solar energy system. A principal-use SES generating up to and including 2 MW DC for the primary purpose of off-site use through the electrical grid or export to the wholesale market.

117.

Private driveway. A driveway or access of no less than 20 feet in width, defined by a recorded easement or shared driveway agreement, serving two single-family units or lots, which otherwise meet the site development requirements for the district in which they are located.

118.

Private road. A road or access defined by a recorded easement or separate lot, as defined under land division, having a right-of-way of not less than 66 feet in width and serving three or more residential units or lots or two or more commercial or industrial lots. Such private road shall adhere to the standards of the Calhoun County Road Commission for the construction of a gravel road serving no more than five lots or units and must meet the standards for a paved road in advance of serving six or more lots or units.

119.

Processor. A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

120.

Provisioning center. A licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly, or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan Medical Marihuana Act, MCL 333.26421, et seq., is not a provisioning center for purposes of this article.

121.

Public park. Any park, playground, beach, outdoor swimming pool, [or] parkway within the jurisdiction and control of a governmental agency authorized by state statutes to own and maintain parks.

122.

Public sewer system. A public sewer system shall be defined as a central or community sanitary sewage system and collection system of pipes and structures including pipes, conduits, manholes, pumping stations, sewage and wastewater treatment works, diversion and regulatory devices, and outfall structures, collectively or singularly, actually used or intended for use by the general public or a segment thereof for the purpose of collection, conveying, transporting, treating or otherwise handling sanitary sewage or industrial liquid wastes of such a nature as to be capable of adversely affecting the public health; operated for the benefit of the general public in a given area whether owned by a public, semipublic or private entity.

123.

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

124.

Recreation area, private. All lands and structures which are owned and operated by private individuals, a business or corporation which is predominantly intended to accommodate recreational vehicles and provide for outdoor recreational activities.

125.

Recreational vehicle. All those small mobile units, whether motorized or not, principally designed for recreation pastime.

126.

Repowering: Reconfiguring, renovating, or replacing an SES to maintain or increase the power rating of the SES within the existing project footprint.

127.

Residential care facilities. Homes or facilities providing care services on a part-time or full-time basis. Such uses are established as permitted or special uses based upon their compatibility with uses in those individual zoning districts. The following four categories of residential care facilities are defined:

a.

Family child care home. Means a private home in which one but fewer than seven 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 four weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual. As used in this subparagraph, "providing babysitting services" means caring for a child on behalf of the child's parent or guardian when the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would according to the Internal Revenue Code of 1986 obligate the child's parent or guardian to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services. Such use is considered a residential use of property and is a permitted use in all residential zones and is not subject to a special use permit or procedure different from those required for other dwellings of similar density in the same zone.

b.

Group child care home. Means a private home 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 four weeks during a calendar year.

c.

Limited residential care facilities. Includes all other adult foster care for seven to 25 individuals, subject to state licensing requirements. This would include nursing homes, assisted living facilities and senior housing for up to 25 people. It is anticipated that these facilities would operate 24 hours per day and would include non-resident employees. Such facilities should be located in higher-density residential and office/business settings.

d.

Full residential care facilities. Includes nursing homes, assisted living facilities and other congregate care and/or senior housing facilities that do not meet the definition of a "state licensed residential facility" under the Michigan Zoning Enabling Act. Such use shall be considered a commercial use and include access to medical staff on a full-time or part-time basis.

This definition shall include unlicensed residential facilities and those licensed by the State of Michigan. It does not include facilities providing treatment, such as substance abuse, or rehabilitation, such as halfway houses, or other uses regulated by the department of corrections.

e.

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and provides residential services for six or fewer individuals under 24-hour supervision or care. A state licensed residential facility shall be considered a residential use of property and a permitted use in all residential zones and is not subject to a special use permit or procedure different from those required for other dwellings of similar density in the same zone; provided, however, this does not apply to adult foster care facilities licensed by a state agency for care and treatment of persons released from or assigned to adult correctional facilities.

128.

Residential sale. A temporary event where household goods are sold by the occupants or owners of a property, or by the relatives, or by an estate, on said property.

129.

Retail and rental store. Any building or structure in which goods, wares or merchandise are sold to the ultimate consumer for direct consumption, and not for resale.

130.

Right-of-way. A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

131.

Roadside stand. A permanent structure which is used seasonally for the sale of produce. The use of a roadside stand shall not constitute a commercial district.

132.

Roof-mounted solar energy system: A solar energy system mounted on racking that is attached to or ballasted on the roof of a building or structure.

133.

Rooming house. A building, or part thereof, other than a hotel, where sleeping accommodations are provided for hire and where meals may be regularly furnished.

134.

Rooming unit. Any room or group of rooms, forming a single habitable unit used for living and sleeping, but which does not contain cooking or eating facilities.

135.

Rowhouse (townhouse). An attached house in a row or group, each house containing not more than two dwelling units and each house separate from adjoining houses in the same row or group by common fire walls or fire separations.

136.

Safety compliance facility. A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

137.

Sanitary landfill. A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover at the conclusion of each day's operation or at more frequent intervals as necessary; and maintained in accordance with the provisions of 1978 PA 641.

138.

Secure transporter. A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.

139.

Semitrailer. Semitrailer means every vehicle with or without motor power, other than a pole-trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

140.

Setback. The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining offsets.

141.

School. A building used for the purpose of elementary or secondary education which meets all requirements or compulsory education laws of the State of Michigan, and not providing residential accommodations.

142.

Shopping center. A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in its locations, size and type of shops to the trade area which the unit serves.

143.

Signs. Any works, numbers, figures, devices, designs, or trademarks, other than billboards, by which anything is made known and which are visible from the exterior of the structure.

144.

Site condominium project. A plan or project consisting of not less than three single-family residential units or two or more commercial or industrial units established in conformance with the Michigan Condominium Act (1978 PA 59 (MCL 559.101 et seq.)). Such development shall comply with the requirements for planned unit development.

145.

Small scale SES. A solar energy system which produces no more than 999 Kilowatts (KW) and requires no more than 4.99 acres on a single site or multiple parcels of land used for the project.

146.

Solar array. A photovoltaic panel, solar thermal collector, or collection of panels and/or collectors in a solar energy system that collects solar radiation.

147.

Solar carport. A solar energy system of any size that is installed on a structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities. Solar panels affixed on the roof of an existing carport structure are considered a roof-mounted SES.

148.

Solar energy system (SES). A photovoltaic system or solar thermal system for generating and/or storing electricity or heat, including all above and below ground equipment or components required for the system to operate properly and to be secured to a roof surface or the ground. This includes any necessary operations and maintenance building(s), but does not include any temporary construction offices, substation(s) or other transmission facilities between the SES and the point of interconnection to the electric grid.

149.

Solar thermal system. A system of equipment that converts sunlight into heat.

150.

Special temporary uses. A use that has been determined to be in the best interest of public safety, public welfare, public necessity, or public convenience. A special temporary use shall be limited to one year, subject to renewal; such use shall not be considered to be spot zoning nor a nonconforming use.

151.

Story. The 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.

152.

Street. A thoroughfare which affords the principal means of access to abutting property.

153.

Street, major. A public way, the principal use of which is to provide an arterial route for through traffic and has as its secondary use the provision of access to abutting properties.

154.

Street, minor. A public way, the principal use of which is to give access to abutting properties.

155.

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

156.

Structural alteration. The erection, strengthening, removal or other change of the supporting elements of a building, such as footings, bearing walls, beams, columns and the like.

157.

Swimming pool. Any artificially constructed, portable or non-portable pool capable of being used for swimming or bathing, having a depth of three feet or more at any point.

158.

Telecommunication tower. Any structure which is designed and constructed for the purpose of supporting one or more antennas for telephone, radio or similar communication purposes. Such structures may be freestanding, such as self-supporting lattice, guyed or monopole towers, or alternative design mounting structures, such as manmade trees, clock towers, steeples, light poles, water towers or other structures that may camouflage or minimize the presence of antennas and towers.

159.

Temporary sign. A display, informational sign, banner, flag, pennant or other advertising device with or without a structural frame, not permanently attached to a building, structure or the ground, and intended for a limited period of display, accessory, temporary window or display case signs.

160.

Township. Emmett Charter Township, Calhoun County, Michigan.

161.

Trailer coach. Same as mobile home.

162.

Trailer coach park. Same as mobile home park.

163.

Undevelopable land. Land which has soil types or a high-water condition which presents severe limitations on septic tank and tile fields.

164.

Usable floor area. The area for the purpose of computing parking and off-street loading and unloading space, is that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise utilities shall be excluded from this computation of "usable floor area." Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.

165.

Use. The purpose for which land or premises of a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

166.

Variance. A modification of the literal provisions of this ordinance which the zoning board of appeals is permitted to grant when strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

167.

Wildlife-friendly fencing. A fencing system with openings that allow wildlife to traverse over or through a fenced area.

168.

Yard. An open space on the same lot with the main building unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance.

a.

Front yard. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

b.

Rear yard. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

c.

Side yard. A yard between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.

169.

Zoning district. (See district.)

(Ord. No. 1-2018(2), §§ 10, 11, 3-22-2018; Ord. No. 5-2018, §§ 10, 11, 9-13-2018; Ord. No. 3-2021, § 2, 7-8-2021; Ord. No. 1-2023, § 3, 4, 4-13-2023; Ord. No. 3-2023, § 1, 4-13-2023; Ord. No. 3-2024, § 2, 6-13-2024; Ord. No. 4-2024, § 2, 6-13-2024; Ord. No. 7-2024, § 1, 11-14-2024)