The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:

Accessory building means a subordinate building or structure on the same lot, or a part of such building, occupied or devoted exclusively to an accessory use.

Accessory use means a use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.

Adult-oriented use (sexually oriented businesses) means a use which shall include the following uses:

(1)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(2)

Adult bookstore and adult video store mean a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other audio-visual representations which depict or describe specified sexual activities or specified anatomical areas.

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental, for consideration, of the specified materials which depict or describe specified sexual activities or specified anatomical areas.

(3)

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity.

b.

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

c.

Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(4)

Adult motel means a hotel, motel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.

b.

Offers a sleeping room for rent for a period of time that is less than ten hours.

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(5)

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(6)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(7)

Employee means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator of the business. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

(8)

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(9)

Escort agency means a person or business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(10)

Establishment means and includes any of the following:

a.

Opening or commencement of any sexually oriented business as a new business.

b.

Conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.

c.

Addition of any sexually oriented business to any other existing sexually oriented business.

d.

Relocation of any sexually oriented business.

(11)

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

(12)

Nude model studio means any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. The term "nude model studio" shall not include a proprietary school licensed by the state, or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

a.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing;

b.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude or seminude model is on the premises at any one time.

(13)

Nudity and state of nudity mean the appearance of a human bare buttocks, anus, male genitals, female genitals, or full female breast.

(14)

Permittee means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

(15)

Seminude and seminude condition mean the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. The term "seminude" and "seminude condition" shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

(16)

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex.

b.

Activities such as, but not necessarily limited to, dancing which is conducted between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is seminude; except no such activity shall include any sexual activities, or any activity which would violate any provisions of state or federal criminal or penal status.

(17)

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

(18)

Specified anatomical area means:

a.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b.

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

(19)

Specified criminal activity means any of the following offenses:

a.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the state, other states, United States criminal or penal law statutes, or the criminal or penal law statutes of other countries.

b.

An offense for which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within a 24-month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

(20)

Specified sexual activities means and includes any of the following:

a.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy.

c.

Masturbation, actual or simulated.

d.

Excretory functions as part of or in connection with any of the activities set forth in this definition.

(21)

Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on September 13, 1999.

(22)

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a.

Sale, lease, or sublease of the business.

b.

Transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.

c.

Establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Sexually oriented businesses are classified as follows: adult arcades; adult bookstores or adult video stores; adult cabarets; adult motels; adult motion picture theaters; adult theaters; escort agencies; nude model studios; sexual encounter centers.

Agriculture, including farming and farm operation, shall hold the same meaning as defined in the Michigan right to farm act (MCL 286.471 et seq.).

Airport, commercial, means a facility from which the general public may embark or disembark, where aircraft may take off and land, and at which facility aircraft may be kept and serviced for remuneration.

Airport, private, means a privately owned facility from which only the fixed wing aircraft owned and operated by the owner of the facility, and the land upon which the facility is located, may land and take off and at which facility that same fixed wing aircraft may be parked, stored and serviced.

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

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

Animalia (kingdom) is a biological classification for mammals, fish, and birds. Depending on the type of animal, they are classified into phyla comprising the animal kingdom.

Apartment means a room or suite of rooms used as a dwelling for one family, which has cooking facilities and sanitary facilities located therein.

Apartment hotel means a building designed for or containing both dwelling units and individual guestrooms or suites of rooms, which building may include accessory uses such as cigar store, coffee shop, etc., when such uses are accessible only from the lobby.

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

(1)

Efficiency apartment means a dwelling unit containing not over 350 square feet of floor area, and consisting of not more than one room in addition to the kitchen-dining room and necessary sanitary facilities, and, for the purposes of computing density, shall be considered as a one-room unit.

(2)

One-bedroom unit means a dwelling unit containing a minimum floor area of at least 500 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining, and necessary sanitary facilities, and, for the purposes of computing density, shall be considered as a two-room unit.

(3)

Two-bedroom unit means a dwelling unit containing a minimum floor area of at least 700 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining, and necessary sanitary facilities, and, for the purposes of computing density, shall be considered as a three-room unit.

(4)

Three- or more bedroom unit means a dwelling unit wherein for each room in addition to the three rooms permitted in a two-bedroom unit there shall be provided an additional area of 200 square feet to the minimum floor area of 700 square feet. For the purpose of computing density, a three-bedroom unit shall be considered as a four-room unit and each increase in a bedroom over three shall be an increase in the room count by one over the four.

Arcade means any premises open to the public wherein are assembled three or more mechanical or electronic amusement machines, instruments or contrivances operated for use as games, amusement, for information, or contests of any description.

Automobile repair garage. See Motor vehicle repair.

Automobile service center means a building or premises used primarily for the sale and installation of major automobile accessories, such as tires, batteries, radios, air conditioners and mufflers, plus such services as brake adjustment, and wheel alignment and balancing; but excluding any major mechanical repairs, collision work, undercoating or painting. Sale of gasoline (stored in underground tanks) shall be incidental to the above enumerated activities.

Basement means that portion of a building between the floor and ceiling which is partly below and partly above ground level, but so located that the vertical distance from grade to the floor below is more than a vertical distance from grade to ceiling. A basement shall not be considered as a story, except in an approved soil sheltered structure.

Berm means a mound of soil graded, shaped and improved with landscaping in such a fashion as to be utilized for screening purposes.

Billboard means any structure or portion thereof designed or intended to be used for posting, printing, or otherwise affixing any advertising sign larger than 20 square feet, which advertising sign does not pertain to the premises or to the use of premises on which the billboard is located or to goods sold or services rendered or activities conducted on such premises, but not including bulletin boards used to display official court notices or official public notices.

Block means the property abutting one side of a street and lying between the two nearest such streets or railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and other barrier to the continuity of development, or corporate boundary lines of the township.

Board of zoning appeals means the board of zoning appeals of the township.

Boardinghouse means a building other than a hotel where, for compensation, meals or lodging and meals are provided for not more than ten persons in addition to the members of the family occupying the premises.

Building.

(1)

The term "building" means any structure which:

a.

Is permanently affixed to the land;

b.

Has one or more floors and a roof;

c.

Is bounded by either open area or the lot line or a platted lot.

(2)

A building shall not include such structures as fences, or structures such as gas holders, tanks, grain elevators, coal bunkers, or similar structures.

(3)

The terms "building" or "structure" include any part thereof.

Building, accessory. See Accessory building.

Building area means the space remaining on a property for building purposes after compliance with minimum building setback requirements and any applicable lot area coverage limitations.

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

Building line means a line formed by the face of the buildings; a minimum building line is the same as a front setback line.

Building, main or principal, means a building in which is conducted the principal purpose of the land on which it is situated.

Building, multiple-family, means a building or portion thereof designed exclusively for occupancy by three or more families living independently of each other.

Building, one-family, means a building designed exclusively for occupancy by one family.

Building, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Camp means a voluntary association of persons under the auspices of public or private organizations, engaging in outdoor activities while living in nonpermanent housing, such as tents, trailers, and cabins, designated for short-term experiences in nature or specific recreational or educational pursuits. The term "camp" shall exclude persons or organizations operating programs involving persons sentenced or assigned to such programs by government agencies or courts of law having statutory authority to detain persons against their will.

Cemetery means land used or intended to be used for burial of the human dead and dedicated for such purpose.

Child, minor, means a person less than 18 years of age.

Church means a building used principally for religious worship; but the term "church" shall not include or mean an undertaker's chapel or funeral building.

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

Club, lodge and fraternity mean an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, public service, patriotic, or the like.

Conditional land use means a use of land which requires compliance with certain development or location conditions as set forth for the use in this chapter.

Condominium means a form of ownership, which is applied to the following terms:

(1)

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

(2)

Condominium bylaws means the required set of bylaws for the condominium project attached to the master deed.

(3)

Condominium site plan means a scaled drawing of a site, including a survey, utility layouts, floor plans and elevation sections, as appropriate, showing existing and proposed structures, improvements, parking, etc., as it is to be erected on the site.

(4)

Condominium unit means that portion of the project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

(5)

Consolidating master deed means the final amended master deed for a contractible condominium project and expandable condominium project, or a condominium project containing convertible land, or convertible space which final amended master deed fully describes the condominium project, as completed.

(6)

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this chapter and the condominium act (MCL 559.101 et seq.).

(7)

Conversion condominium means a condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the condominium act (MCL 559.171).

(8)

Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units, or general or limited common elements, may be created pursuant to express provision in the condominium documents and in accordance with this chapter and the condominium act (MCL 559.101 et seq.).

(9)

Expandable condominium means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the condominium act (MCL 559.101 et seq.).

(10)

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

(11)

Master deed means the condominium document recording the condominium project as approved by the township, to which is attached as exhibits, and incorporated by reference, the approved bylaws for the project and the approved condominium subdivision plan for the project.

Convalescent ornursing home means a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Such home shall conform and qualify for license under state law even though state law has different size regulations.

Dangerous animal means a domesticated, wild and/or exotic animal (mammal or reptile) that bites or attacks a person, a dog or other domesticated pet or livestock; or a wild and/or exotic animal (mammal or reptile) that bites or attacks and causes serious injury or death to another dog or domesticated pet or livestock or person.

Child care means the provision of care and supervision for periods of less than 24 hours a day. The term "child care" shall include the following:

(1)

Child care center means a facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. The term "child care center" includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. The term "child care center" does not include any of the following:

a.

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

b.

A facility operated by a religious organization where children are in the religious organization's care for not more than three hours while persons responsible for the children are attending religious services.

c.

A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

d.

A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

(2)

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 subsection, "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.

(3)

Group child care home means a private home in which more than six, but not more than 12, minor children are given care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption, but including a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

(4)

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

Deed strip means a projection of land, the sole purpose of which is to provide a means of access from a public or private road right-of-way or easement to an interior single parcel of land which does not otherwise have direct frontage on a public or private road right-of-way or easement.

Density means the number of families residing on, or dwelling units developed on, an acre of land. All densities are stated in families per net acre, i.e., per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, schoolyards, or other public lands and open spaces.

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

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

Drive-in. See Restaurant, drive-in.

Drive-through means a business establishment designed and intended to provide a driveway approach and temporary motor vehicle standing space or stacking space where customers receive service while in their motor vehicles.

Dwelling means a place of residence, an abode, a place of continued living; a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling efficiency means a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing not less than 350 square feet of floor area.

Dwelling, manufactured, means a dwelling unit which is substantially built, constructed, assembled, and finished off the premises upon which it is intended to be located.

Dwelling, multiple-family, means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

Dwelling, one-family, means a building designed exclusively for, and occupied exclusively by, one family.

Dwelling, site-built, means a dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of pre-cut materials, and panel walls, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.

Dwelling, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Earth berm, obscuring, means an earthen mound of definite height, location and appearance, designed and intended to serve as an obscuring device in carrying out the screening requirements of this chapter.

Easement and corridor mean the area within which a public transmission line is located, either aboveground or belowground. The term "corridor" shall apply when the designated area within which the transmission line is located is owned in fee interest by a utility company.

Entrance ramp means a roadway connecting a feeder road with a limited access highway used to gain access to the highway.

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

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collections, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service to the township by such utilities or municipal departments for the general health, safety or welfare. Essential services shall be permitted as authorized and regulated by law, the applicable standards of this chapter, and other ordinances of the township.

Excavation means any breaking of ground, except common household gardening and ground care.

Exception means a use permitted only after review of an application by the board of zoning appeals or township board or a modification in the standards of this chapter specifically permitted after review by the board of zoning appeals, planning commission or township board; such review being necessary because the provisions of this chapter covering conditions precedent or subsequent are not precise enough to cover all applications without interpretation and such review and exception is provided for by this chapter. An exception is not a variance.

Exit ramp means a roadway connecting a limited access highway with a feeder road and used for access to such feeder road.

Exotic animal means any animal which:

(1)

Is a member of the kingdom Animalia;

(2)

Is not native or is a non-indigenous species to this state;

(3)

Does not have an established wild population in this state;

(4)

Is not regulated by the state department of natural resources; or

(5)

Are mammals or reptiles designated by the Centers for Disease Control and Prevention, Department of Agriculture or other national or state public health protection agencies as embargoed or prohibited under legal protection orders.

Family means a single individual or a number of individuals domiciled together, whose relationship is of a continuing, nontransient, domestic character and who are cooking and living together as a single, nonprofit housekeeping unit. The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose relationship is of a transitory or seasonal nature or for anticipated limited duration of school terms or other similar determinable period.

Farm means contiguous land under single ownership, comprising at least ten acres and which is actively operated as a single unit on which bona fide traditional farming is carried on as defined in the Michigan right to farm act (MCL 286.471 et seq.), 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; farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries; but establishments such as public riding or boarding stables or commercial dog kennels shall not be considered a farm. A bona fide traditional farm includes those farm buildings, activities and equipment essential to such farming activities; it is not intended and not implied to permit trucking, equipment and/or vehicle repair and/or sales, contractor yards or any other activities other than those directly incidental to and directly related to a bona fide farm.

Farm building means any building or structure other than a dwelling, moved upon, maintained, used or built on a farm which is essential and customarily used on farms for the pursuit of bona fide agricultural activities.

Farm pond and fish pond mean a water impoundment made by constructing a dam or embankment, or by excavating a pit or dugout to provide water for livestock, fish and wildlife; fish production; recreation; fire control; crop and orchard spraying; and related uses. Such ponds shall meet the minimum standards set by the soil conservation service (SCS) for design, engineering, construction and maintenance.

Fast food restaurant. See Restaurant, fast food.

Feedlot means a lot or area in which livestock, such as cattle, horses, pigs, etc., are confined in high densities or numbers which require feed areas, corrals or holding pens, feed storage and diversion channels or detention ponds to process, treat or store animal waste and water runoff. Any such feedlot shall meet the minimum standards set by the extension agricultural engineer at Michigan State University or the county cooperative extension service.

Fence means a vertical structure intended to serve as a physical barrier, marker or enclosure; a fence is not a wall.

Fence, obscuring, means an opaque structure of definite height and location designed to serve as a screen or obscuring device.

Filling means the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.

Floor area means area measured to the exterior face of exterior walls and to the centerline of interior partitions.

Floor area, useable, nonresidential, means the sum of the horizontal area of the first story measured to the exterior face of exterior walls; plus, similarly measured, that area of all other stories, including mezzanines, which may be made fit for occupancy, including the floor area of all accessory buildings measured similarly and the floor area of basements used for activities related to the principal use, such as storage, but excluding furnace and utility rooms. Parking space located within a building shall not be considered useable floor space.

Floor area, useable, residential, means the sum of the horizontal area of the first story measured to the exterior face of exterior walls; plus, similarly measured, that area of all other stories having more than 84 inches of headroom which may be made useable for human habitation; but excluding the floor area of basements, attics, attached or unattached garages, breezeways, unenclosed porches and accessory buildings (see also Story and Story, half, and Basement).

Floor, ground, means that portion of a building which is partly below grade, but so located that the vertical distance from the average grade to the ceiling is greater than the vertical distance from the average grade to the floor. A ground floor shall be counted as a story.

Foster care means the provision of supervision, personal care and protection, in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks, for compensation. The term "foster care" shall include the following:

(1)

Foster family home means a private home in which one, but not more than four, minor children who are not related to an adult member of the household by blood, marriage, or adoption are given care and supervision for 24 hours a day for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian or legal custodian.

(2)

Adult foster care family home means a private residence with the approved capacity to receive six or fewer adults to be provided with 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 residence.

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

(1)

Adult foster care small group home means an adult foster care facility with capacity for not more than 12 adults who are provided foster care.

(2)

Adult foster care large group home means an adult foster care facility with capacity for at least 13, but not more than 20, adults who are provided foster care.

(3)

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

(4)

Foster care means the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Garage, commercial parking, means a building or structure which is used by the public for the parking of motor vehicles and may be the principal use of the property or may be accessory to a principal use.

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

Garage, repair. See Motor vehicle repair.

Gasoline service station. See Automobile service station.

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

Greenbelt, cosmetic, means a landscape area or lawn panel in which live plantings are placed for aesthetic purposes and not for the purpose of screening.

Greenbelt, obscuring, means a landscape area of definite width, height and location containing live plant materials of definite spacing or grouping designed and intended to serve as an obscuring device in carrying out the requirements of this chapter.

Harborer of a dangerous, wild, or inherently dangerous exotic animal means any person, entity, organization, or agent thereof, regardless of ownership, who or which allows a dangerous, wild and/or inherently dangerous exotic animal to remain, lodge, or be fed, bred, or to be given shelter or refuge within or about any home, yard, enclosure, building, vehicle, unlicensed store or place of business, and/or any other premises or location in which the person, entity or organization resides, controls, possesses, owns and/or leases, whether occupied or abandoned.

Home occupation means an occupation, activity or hobby that is traditionally or customarily carried on within the walls of a residential dwelling.

Hospital means a building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the county health department and the state, and is used for primarily inpatient services, and including such related facilities as laboratories, outpatient departments, central service facilities, and staff offices.

Hotel means a building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy and within which one or more of the following services are offered: maid service, furnishing of linens, telephone, secretarial or desk service, and bellboy service. A hotel may include a restaurant and cocktail lounge, banquet halls, ballrooms or meeting rooms.

Inherently dangerous exotic animal includes either mammal or reptile.

(1)

Inherently dangerous exotic mammal means any live member of the Canidae, Felidae, or Ursidae families, including hybrids or crosses thereof, which, due to their inherent nature, may be considered dangerous to humans and/or domesticated animals or livestock and which are further defined, but not limited to, as the following:

a.

Canidae means any member of the dog (Canid) family not customarily domesticated, and/or any hybrids thereof (including, but not limited to, wolf hybrids which are a cross between a wolf and a domestic dog,) or coyote (Canis latrans), but not including domestic dogs (Canis familiaris);

b.

Felidae means any member of the cat (Felis) family weighing over 15 pounds not customarily domesticated, and/or any hybrids thereof, but not including domestic cats (Felis catus);

c.

Ursidae means any member of the bear family, and/or hybrids thereof;

d.

Primates means any member of the order primates;

e.

Elephants and rhinoceros.

(2)

Inherently dangerous exotic reptile means any live member of the Reptilia class which, due to their inherent, nature may be considered dangerous to humans and/or domesticated animals or livestock and which are further defined as follows:

a.

Is venomous. A venomous reptile shall include all members of the families Helodermidae (e.g., gila monsters and Mexican beaded lizards), Viperidae vipers, Crotalidae (e.g., pit vipers), Hydrophilidae (e.g., sea snakes), and Elapidae (e.g., cobras, coral snakes, and their allies), as well as any front or rear fanged snakes of the family Colubridae that are known to be dangerous to humans, including, but not limited to, Dispholidus typus (e.g., boomslang), Thebtornis kirtlandii (e.g., twig snake), and Rhabdophis (e.g., keelbacks);

b.

Is a member of the order Crocodilia (e.g., crocodiles, alligators, and caiman); or

c.

Is a member of the Boidae family of nonvenomous, constricting snakes (e.g., boa, python).

Junk means any motor vehicles, machinery, appliances, product, merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.

Junkyard includes automobile wrecking yards, any area where junk vehicles are stored, keeping or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, except for the normal household refuse which is stored only between regular pickup and disposal of household refuse; provided the same is not left for a period of over 30 days, in which case it shall be considered as junk. This definition does not pertain to uses conducted entirely within an enclosed building.

Kennel, commercial, means any lot or premises on which three or more dogs, or other household pets, over six months of age are either permanently or temporarily boarded. The term "kennel" shall also include any lot or premises where household pets are bred or sold.

Lake, private, means any body of water, other than a public lake, which is owned by one person, group of persons, partnership or corporation for use by the owners only.

Loading space. See Off-street loading space.

Local street means a street of limited continuity which is to be used to gain immediate access to abutting residential properties.

Lot means a parcel of land occupied or intended to be occupied by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter.

Lot area means the total horizontal area within the lot lines of the lot, excluding any portion of abutting private streets.

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

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

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

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

Lot lines means the property lines bounding the lot.

(1)

Front lot line means, in the case of an interior lot abutting upon one public or private street, the line separating such lot from such street right-of-way. In the case of a corner lot, the front lot line shall be the narrower of the two frontage lines. In the case of a double frontage lot, the front lot line shall be that line separating such lot from that street which is designated as the front street by the owner, with township approval, or the board of zoning appeals shall designate the front lot line.

(2)

Rear lot line means ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular, or cone-shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining the depth of the rear yard. In cases where none of these definitions are applicable, the property owner, with township approval, may designate the rear lot line, or the board of zoning appeals shall designate the rear lot line.

(3)

Side lot line means any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

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

Lot, through, means a double frontage lot, with street frontage at the front and the rear of the property. A double frontage lot is not a corner lot.

Lot width means the horizontal straight line distance between the side lot lines.

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

Lot, zoning, means a single tract of land which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the zoning district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed in the county register of deeds, but may include one or more lots of record. A zoning district line of the zoning lot shall serve as though it is a lot line for the purposes of establishing building setbacks and percent of lot coverage.

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

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

Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent terms to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of 120 feet or greater shall be considered a major thoroughfare.

Marginal access road means a service roadway parallel to a feeder road, designed to provide access to abutting properties and limited access to the feeder road. A marginal access road may also be called a limited access frontage road or service drive.

Marquee means a roof-like structure of a permanent nature projecting out horizontally from the wall of a building.

Master plan means a comprehensive plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings and all physical development of the township, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

Mechanical amusement device means any machine or device, whether video, electronic, mechanical or a combination thereof, which, upon the insertion of a coin, trade, token, ticket, slug, plate, disc or key, or payment of a price, operates or may be operated as a game, entertainment or contest of skill or amusement of any kind or description which contains no automatic payoff device for the return of money, price or goods to the player, and further includes any machine, apparatus, or contrivance which is used or may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. The term "mechanical amusement device" does not apply to or include:

(1)

A vending machine which does not incorporate gaming or amusement features;

(2)

Musical devices or coin-operated radios;

(3)

Television sets in private quarters.

Mezzanine means an intermediate or fractional story between the floor and ceiling of a full story and occupying not more than one-third of the floor area of the full story.

Mobile home means a structure, transportable in one 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. The term "mobile home" does not include a recreational vehicle.

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

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

Motor vehicle repair, general, means the general mechanical repair, including overhaul and reconditioning of motor vehicle engines, transmissions and other mechanical repairs, but not including collision services such as body, frame or fender straightening and repair, painting or undercoating.

Motor vehicle repair, major, means the general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair, painting or undercoating.

Motor vehicle service center means a use which is accessory to a designated retail commercial outlet located within a shopping center or which is within a building composed of the same construction material and of the same design as the shopping center, wherein automobile products such as motor oils, lubricants and various automobile parts retailed directly to the public by such retail commercial outlet are installed.

Motor vehicle service station and gasoline station mean a place where gasoline or other motor fuel and lubricants for operating motor vehicles are offered for sale at retail to the public, including sale of accessories, lubricating and light motor service on the premises, but not including collision services such as body, frame or fender straightening or repair, painting or undercoating.

Multiplex means a building designed exclusively for occupancy by two, three or four families, living independently of each other, with at least one main entrance directly from the outside for each living unit.

Nonconforming building means a building or portion thereof lawfully existing as of October 19, 1999, or subsequent dates of amendment to this chapter, that does not conform to the provisions of this chapter in the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land as of October 19, 1999, or subsequent dates of amendment to this chapter, and that does not conform to the use regulations of the district in which it is located.

Nonconforming use and building means a use and a building lawfully existing as of September 13, 1999, or subsequent dates of amendment to this chapter, which does not conform to the use and height, bulk, placement and/or provisions for the zoning district in which it is located.

Nuisance factor means an offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being; or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, or invasion of non-abutting street frontage by traffic.

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

Nursery, commercial, means a space, building or structure, or combination thereof, for the growing and storage of live trees, shrubs, or plants offered for sale on the premises, including products used for gardening or landscaping.

Nursery school. See Day care.

Nursing home. See Convalescent or nursing home.

Occupancy load means the number of individuals normally occupying a building or part thereof, or for which the existing facilities have been designed.

Occupied means used in any way at the time in question.

Off-street loading space means a facility or space specifically intended to permit the standing, loading or unloading of trucks and other vehicles outside of a public right-of-way.

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

Open air business uses not conducted from a wholly enclosed building, if operated for profit, shall include the following uses:

(1)

Bicycle, trailer, mobile home, motor vehicle, farm implements, boats or home equipment sale or rental services.

(2)

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

(3)

Retail sale of fruit, vegetables, and perishable foods.

(4)

Retail sale of trees, shrubbery, plants, flowers, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

(5)

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation uses.

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

Open space means an area of land that remains primarily undeveloped and in its natural state. Open space may include park lands and park facilities so long as they are provided as a part of an open space area.

Open storage, motor vehicle, means the outdoor standing or placement of motor vehicles, including truck trailers, for more than 18 hours, including new or used motor vehicles on display for lease or sale.

Open storage, nonresidential, means the outdoor standing or placement of any material which is manmade, assembled, fabricated or treated in any manner and which may or may not be used directly in the processing or fabrication of a product manufactured on the premises.

Open storage, residential, means the outdoor placement or keeping of material which is owned and possessed by the resident occupying the dwelling unit on the premises or by the owner of the premises where open storage is to take place.

Out lot means a lot in a subdivision which is restricted from use for building purposes, whether or not deeded to the township, but which is not dedicated as a street or public reservation or public park.

Parking means the parking of a motor vehicle for short duration and possessing the element of a vehicle in use, being temporarily parked until it is shortly to be again put into service. The terms "temporarily" or "shortly" shall mean and be measured by hours or, at most, up to a maximum of 18 hours.

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

Planned commercial center. See Center, commercial.

Planned development means a proposed use of the land which requires the submission of a site plan for more than one building or structure to be approved as to requirements of this chapter, including special relationships and vehicular and pedestrian circulation.

Principal use. See Main use.

Private drive means a means of vehicle access serving one property or one dwelling.

Property line means the boundary line that defines and identifies the extent of a lot, parcel or property by ownership.

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

Recreation land means any publicly or privately owned property that is utilized for recreation activities, including such activities as camping, swimming, picnicking, hiking, nature study, hunting, boating and fishing.

Recreation vehicle orequipment shall include the following:

(1)

Travel trailer, which is a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

(2)

Pickup camper, which is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation uses.

(3)

Motorized home, which is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(4)

Folding tent trailer, which is a folding structure, mounted on wheels and designed for travel and vacation use.

(5)

Boats and boat trailers, which shall include boats, floats and rafts, plus the normal equipment to transport the same on the highway.

(6)

Snowmobile and all-terrain vehicles, plus the normal equipment to transport the same on the highway.

Recycling means the process by which waste products are reduced to raw materials and transformed into new and often different products.

Recycling center means a facility where previously used products or materials are transformed into new and often different products. A recycling center shall be other than a junkyard.

Restaurant, drive-in, means a business establishment designed to provide a motor vehicle driveway approach, standing space, or parking space where patrons receive food and beverages while in motor vehicles for consumption in motor vehicles while on the premises.

Restaurant, fast food carryout, means a business establishment wherein food is prepared or cooked on the premises to be sold in disposable containers or wrappers to patrons and which is not intended to be consumed on the premises or within a motor vehicle parked or standing on the premises.

Restaurant, fast food sit-down, means a business establishment in which a patron purchases food or beverages, which may have been previously prepared, and which is served in disposable containers or wrappers and which the patron consumes while seated in the restaurant.

Restaurant, sit-down, means a business establishment in which a patron purchases food or beverages, which is then prepared, after the patron orders, on the premises and which is thereafter served to the patron and is consumed by the patron while seated in the restaurant.

Right-of-way line means the line established by the county road commission in its right-of-way requirements established for the township or the township's adopted master plan.

Roadside stand means a temporary or existing permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family on the premises; and its use shall not make into a commercial district land which would otherwise be an agricultural or residential district, nor shall its use be deemed an approved commercial activity.

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

Rooming unit means a room or group of rooms forming a single habitable unit used for living and sleeping, but not containing kitchen or eating facilities.

Roominghouse. See Boardinghouse.

Salvage yard means an open area where used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals.

Screening means a wall, earth berm, fence or land used for growing heavy concentrations of trees and shrubs, or combinations of these, for the purpose of shielding the view of one use of land from another, and for the protection of adjoining premises.

Seasonal festival, outdoor, means an event for feasting and celebration, which may or may not have a theme, but which is conducted outdoors on a seasonal basis for the purpose of bringing together artists, craftspeople, entertainers and food and beverage purveyors for the purpose of entertaining the public.

Secondary thoroughfare means a street of limited continuity designed and intended to collect and distribute traffic to and from local streets and to and from major thoroughfares.

Setback means the minimum horizontal distance between any side of the main building and any adjoining property boundaries, such as the front of the building, excluding only the steps, and the front lot line or street right-of-way line.

Sign means a name, identification, description display, or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel, or lot and which directs attention to an object, product, place, activity, person, institution, organization, or business. A sign shall include the following types:

(1)

Accessory sign means a sign which directs attention to a person or profession conducted upon the same premises.

(2)

Directional sign means a sign intended solely for the purpose of showing direction or guiding either by symbol or by language, or by both.

(3)

Freestanding sign means a sign which is supported by one or more poles, uprights, or braces, in or upon the ground, which are not part of the building.

(4)

Non-accessory sign means a sign which directs attention to a business, commodity, activity, service or entertainment conducted, sold, placed or otherwise offered elsewhere than on the premises on which the sign is located.

(5)

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

(6)

Roof sign means a sign which is erected, constructed and maintained above the roof of a building.

(7)

Temporary sign means a sign which is not permanently affixed to a wall or to the ground and whose message does not represent a permanent status of place, product or activity.

(8)

Wall sign means a sign which is attached directly to the wall of a building and which extends not more than 18 inches from the wall, including window signs.

Sign area means the sign area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed; provided, however, any open space contained within the outer limits of the display face of a sign or between any component, panel, strip, or figure of any kind composing the display face shall be included in the computation of the area of the sign, whether such open space is enclosed or not by a frame or border. For double-faced signs, each display face shall be measured or counted in computing the sign area. All lettering and other sign elements printed or mounted upon a wall of a building without any distinguished border, panel or background and pertaining to the same enterprise shall be treated as a single sign for purposes of area computation, and enclosed tightly with an imaginary line to define the area for computation.

Site plan means a plan showing all salient features of a proposed development so that it may be evaluated in order to determine compliance with the applicable requirements of this Code, including this chapter.

Soil sheltered means the design and creation of living space by means of cut-and-cover construction in the near-surface or shallow soil environment. Such approved construction is exempt from the definition of a basement.

Special land use. See Conditional land use.

Stable, private, means a structure or shelter with capacity for not more than three horses which are not boarded and are not for hire or sale and are owned by the immediate family.

Stable, public, means a structure or shelter where horses owned and not owned by the proprietor of the property are boarded or are kept for remuneration and where horses may be ridden by the public and trained.

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

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

Street, private, means a street which provides the principal means of access to abutting land use, portions of which may be owned and controlled by the abutting property owners and which may or may not be open to public use.

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

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, stairways, or any change in the width or number of exits, or any substantial change in the roof.

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

Swimming pool means any structure located above grade or below grade, designed to hold water to a depth greater than 24 inches, to be used for swimming.

Temporary use of building means a use of building permitted by the board of zoning appeals to exist during periods of construction of the main building or use, or for special events.

Townhouse means a building occupied by three or more families, where each dwelling unit is divided from the one adjacent to it by a party wall extending the full height of the building. Each dwelling unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independent for each property.

Transition and transitional mean a zoning district, a landscaped area, arrangement of lots, wall or other means which may serve as a district or area of transition; i.e., a buffer zone between various land use districts and/or land use and thoroughfares.

Travel trailer park and overnight camping facility means a place utilized for the temporary storage of travel trailers, for camping purposes, where there is no permanent storage of mobile homes for year-round occupancy, and where commercial activity is limited to service the needs of the temporary occupants of the travel trailer park.

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

Vehicle, commercial, as defined in the state vehicle code (MCL 257.7), means every vehicle which is used for the transportation of passengers for hire or which is constructed or used for the transportation of goods, wares or merchandise. The term "commercial vehicle" also means a motor vehicle which is designated and used for drawing other vehicles and which is not constructed to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn.

Vehicle dealer means a person selling cars, trucks, motorcycles, recreational vehicles, boats and related parts, supplies and services.

Veterinary clinic means a place for the care, diagnosis and treatment of sick or injured animals and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages which are permitted only within the walls of the clinic structure. A veterinary clinic may also be known as a veterinary hospital.

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

Wild animal means any nondomesticated animal and/or any cross of a nondomesticated animal.

Wireless telecommunication facility means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not necessarily be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities, but not including citizen band radio facilities, shortwave facilities, ham, amateur radio facilities, satellite dishes, and government facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. The term "wireless telecommunication facility" shall include the following definitions:

(1)

Attached wireless telecommunications facility means a wireless telecommunications facility that is affixed to an existing structure, such as a building, tower, water tower, utility tower and the like. A wireless telecommunications support structure proposed to be newly erected shall not be included in this definition.

(2)

Colocation means the location by two or more wireless telecommunication providers of wireless telecommunication facilities on a common support structure, including their related ground equipment facilities.

(3)

Wireless telecommunications support structure means structures erected or modified to support a wireless telecommunication antenna or antenna array. Support structures within this definition include, but shall not necessarily be limited to, monopoles, lattice towers, light poles, wood poles, guyed wire towers, or other structures which appear to be something other than a support structure specifically designed to support antennas.

Woodland and woodlot means a tract of land dominated by trees but usually also containing woody shrubs and other vegetation.

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

(1)

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

(2)

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

(3)

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

Zoning exceptions andvariances mean:

(1)

Exception: An exception is a use permitted only after review of an application by the board of zoning appeals or commission other than the administrative official (building inspector), such review being necessary because the provisions of this chapter covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the chapter.

(2)

Variance: A variance is a modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case. The exception differs from the variance in several respects. An exception does not require undue hardship in order to be allowable. The exceptions that are found in this chapter appear as special approval or review by the planning commission, township board, or board of zoning appeals. These land uses could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:

a.

They require large areas.

b.

They are infrequent.

c.

They sometimes create an unusual amount of traffic.

d.

They are sometimes obnoxious or hazardous.

e.

They are required for public safety and convenience.

Zoning district. See District.

Zoning lot. See Lot, zoning.

Zoning map means an official map of the township which visually depicts by area, and identifies by name, various zoning districts throughout the township.

(Code 2004, § 54-31; Zoning Ord. 1999, §§ 200(4), (5), 201; Ord. No. 168, 11-9-2009)