(a)

The purpose of this chapter is to provide for the regulation of land development and the establishment of districts in the portions of the Township outside the limits of cities and villages which regulate the use of land and structures, to meet the needs of citizens for food, fiber, energy and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land; to ensure that use of the land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population, transportation systems, and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public services and facility requirements; and to promote the public health, safety, and welfare of the residents of the Township by imposing certain regulations and restrictions.

(b)

In order to more efficiently protect and promote the general welfare and to accomplish the aims and purposes of the Township master plan, the Township is divided into districts of each number, boundaries, shape and area, and of such common unity of purpose, adaptability of use, that are deemed most suitable to provide the best civic use, protect the common rights and interests of all, and to promote improved wholesome, harmonious, aesthetic development of said Township; and by further regulations and restrictions, to limit the location, height, bulk, number of stories, and size of dwellings, the uses and stories occupancy of dwellings, structures, and land for residential, agricultural, commercial, industrial or other purposes; to regulate the size of front, rear and side yard, courts, or other open spaces; to promote a board of appeals, defining and limiting the power and duties of said Board, and providing the means for enforcing said ordinance.

(Zoning Ord. 2020, § 1.2, 1-5-2021)

The following rules shall apply to the text and language of this chapter:

(1)

The particular shall control the general.

(2)

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

(3)

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

(4)

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

(5)

The term "building" includes the term "structure."

(6)

The term "building" or "structure" includes any part thereof.

(7)

The term "person" includes a corporation as well as an individual.

(8)

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

(9)

Any word or term not defined herein shall be used with a meaning of common or standard utilization.

(Zoning Ord. 2020, § 1.3, 1-5-2021)

(a)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

(b)

If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building, or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in said ruling.

(Zoning Ord. 2020, § 1.4, 1-5-2021)

(a)

Where any condition imposed by any provision of this chapter upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of the ordinance, or by the provision of an ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(b)

This section is not intended to abrogate or annul any easement, covenant, or other private agreement provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this chapter shall govern.

(Zoning Ord. 2020, § 1.5, 1-5-2021)

This chapter is adopted pursuant to the Michigan Zoning Enabling Act, Public Act No. 110 of 2006, as amended, of the state. Said Enabling Act covering Township rural zoning, is hereby made a part of this chapter just as if said Act were repeated word-for-word herein.

(Zoning Ord. 2020, § 1.6, 1-5-2021)

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

Accessory dwelling unit means a detached or attached, self-contained dwelling unit located on the same premises as a primary single-family dwelling.

Dwelling, principal, means the unconverted portion of an existing single-family residence.

Owner, principal means the owner of not less than 50 percent interest in the residence.

Accessory use means a use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use.

Adult business means establishments which are distinguished or characterized by entertainment, devices, or services which are sexually explicit in nature.

Adult foster care facility means a home or facility that provides foster care to adults. Subject to MCL 400.726a, the term "adult foster care facility" includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. The term "adult foster care facility" does not include any of the following:

(1)

A nursing home licensed under part 217 of the public health code, Public Act No. 368 of 1978, MCL 333.21701 to 333.21799e.

(2)

A home for the aged licensed under part 213 of the public health code, Public Act No. 368 of 1978, MCL 333.21301 to 333.21335.

(3)

A hospital licensed under part 215 of the public health code, Public Act No. 368 of 1978, MCL 333.21501 to 333.21571.

(4)

A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of health and human services under the mental health code, Public Act No. 258 of 1974, MCL 330.1001 to 330.2106.

(5)

A county infirmary operated by a county department of health and human services under section 55 of the social welfare act, Public Act No. 280 of 1939, MCL 400.55.

(6)

A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under Public Act No. 116 of 1973, MCL 722.111 to 722.128, if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:

a.

Two, if the total number of residents is ten or fewer.

b.

Three, if the total number of residents is not less than 11 and not more than 14.

c.

Four, if the total number of residents is not less than 15 and not more than 20.

d.

Five, if the total number of residents is 21 or more.

(7)

A foster family home licensed or approved under Public Act No. 116 of 1973, MCL 722.111 to 722.128, that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of Public Act No. 116 of 1973, MCL 722.115(7).

(8)

An establishment commonly described as an alcohol or a substance use disorder rehabilitation center, except if licensed as both a substance use disorder program and an adult foster care facility and approved as a co-occurring enhanced crisis residential program, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or roominghouse that does not provide or offer to provide foster care.

(9)

A facility created by Public Act No. 152 of 1885, MCL 36.1 to 36.12.

(10)

An area excluded from the definition of the term "adult foster care facility" under section 17(3) of the continuing care community disclosure act, Public Act No. 448 of 2014, MCL 554.917(3).

(11)

A private residence with the capacity to receive at least one, but not more than four, adults who all receive benefits from a community mental health services program if the local community mental health services program monitors the services being delivered in the residential setting.

Adult foster care family home means a private residence with the approved capacity to receive at least three, but not more than six, adults to be provided with foster care. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult foster care large group homes means an adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.

Adult foster care small group homes means an adult foster care facility with the approved capacity to receive at least three but not more than 12 adults to be provided with foster care.

Agricultural products means and includes, but is not limited to, crops (corn, wheat, hay, potatoes); fruit (apples, peaches, grapes, cherries, berries, etc.); cider; vegetables (sweet corn, pumpkins, tomatoes, etc.); floriculture; herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, and fur, etc.); aquaculture products (fish, fish products, water plants and shellfish); horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees); maple sap, etc.

Agriculturally-related products means items sold at a farm market to attract customers and promote sales of agricultural product. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream-based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farms and agriculture in the state and value-added agricultural products and production on site.

Alley means any dedicated public way other than a street, providing a secondary means of access to a property and not intended for general traffic circulation.

Alternative analysis report means written report included with the NFIS which displays and discusses the alternative approaches and designs that were considered in arriving at the design proposed, in an effort to minimize disturbance of natural features on the site.

Animated signs means any sign having a conspicuous and intermittent variation in the illumination or physical position of any part of the sign; provided, however, that a slow rotation of a sign shall not be considered animation.

Apartment means a multi-family dwelling owned by an individual entity and leased to residents that do not own the dwelling.

Efficiency unit orstudio apartment means a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

Balcony means a platform elevated over 24 inches in height, no part of which is roofed, which is five feet or less in any horizontal direction and which is commonly projecting from the wall of a building. A balcony may be cantilevered from the building or attached to the ground.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Base floodplain means the area of lands adjacent to and including a river, stream, lake or other body of water that will be inundated by the base flood.

Basement means that portion of a building, which is partly or wholly below grade. A basement is counted as a story for the purpose of height regulations if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or is subdivided and used for business or dwelling purposes.

Bed and breakfast inn means a structure which was originally constructed for single-family residential use and is currently the private residence of the innkeeper, but which is used for renting bedrooms, on a nightly basis to transient tenants and serves a continental breakfast at no extra cost to the transient tenants consisting of non-potentially hazardous food such as a roll, pastry or doughnut, fruit juice, hot beverage, or individual portions of milk, and items incidental to such foods.

Bluff means the top of a steep bank rising from the water's edge.

Boardinghouse means a building other than a hotel, where for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for three or more persons.

Buffer zones means an area adjacent to a wetland, stream, pond, woods, or other sensitive area that is established and managed to protect sensitive natural resources from human disturbance. In instances that involve a wetland, stream, lake or pond, the buffer zone will include all or a portion of the riparian area.

Building means a structure either temporary or permanent, having a roof supported by columns or walls.

Building, height of, means the vertical distance measured from the established grade to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level, measured at the gable end, between eaves and ridge for gable, hip and gambrel roofs. For buildings, which have roof dormers covering 75 percent or less of the roof area, the dormers shall not be included in the height measurement. The height of buildings that have roof dormers covering more than 75 percent of the roof area shall be measured as the vertical distance between the established grade, and the mean height level between eaves on the dormers and the highest ridge of the roof. For buildings 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 its distance from the street line is not less than the height of such grade above the established curb level (see illustrations).

Building, principal, means a building in which is conducted the main or principal use of the lot on which said building is situated.

Family childcare 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 household by blood, marriage, or adoption. Family childcare 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 childcare home does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian if 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.

Group childcare 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 household by blood, marriage, or adoption. Group childcare home includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.

Building construction means the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a new or existing building or structure, including the placement of a mobile home, or homes that were manufactured off the premises.

Building line means a line extending across the front of the lot between the side lot lines and measured between the front line of the lot and the nearest point of the building.

Childcare center means a facility, other than a private residence, receiving one or more children under 13 years of age 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 "childcare 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 childcare center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. The term "childcare center" does not include any of the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

A program that primarily provides therapeutic services to a child.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic means any establishment where human patients are examined and treated by doctors or dentists, but not hospitalized overnight.

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

Collection bins means any container, receptacle, or similar object that is located on any parcel or lot of record within the Township and that is used for soliciting and/or collecting the receipt of clothing, household items, or other personal property. The term "collection bins" applies to all such containers regardless of whether the solicitation of property is made by a for-profit or a non-profit entity. The term "collection bins" does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle, or any collection box located within an enclosed building.

Community supported agriculture or CSA means a marketing strategy in which a farm produces farm products for a group of farm members or subscribers who pay in advance for their share of the harvest. Typically, the farm members receive their share once a week, sometimes coming to the farm to pick up their share; other farms deliver to a central point.

Condominium, as used in this chapter, conforms to the definition of the same term used in the Condominium Act, Public Act No. 59 of 1978, MCL 559.101 et seq.

Condominium project means a plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act.

Condominium unit means that portion of the condominium 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, or any other type of use as approved by the administrator of the Condominium Act.

Construction activity means an activity used in the process of improving, developing, redeveloping, enhancing, or maintaining land, including, but limited to, land disturbance, building construction, paving and surfacing, storage and disposal of construction-related materials.

Construction-related materials means materials that are used or created during construction activities, including, but not limited to, off-site deposits of sediments by vehicles (e.g., tracking, spilling); building material wastes (e.g., scrap metals, rubber, plastic, glass, masonry, wood, paints and thinners, packaging materials, insulation, plaster grout); hazardous substances (e.g., cleaning solvents, chemical additives, concrete curing compounds, acids for cleaning masonry surfaces, paints, thinners); and concrete wash-out.

Convalescent and nursing homes means a building wherein infirm, aged, or incapacitated persons are accepted and furnished shelter, care, food, and lodging and needed attention, or nursing for compensation.

Deck means a platform 24 inches in height or less above grade at any point, no part of which is roofed, which is more than five feet in any horizontal direction. A deck may be cantilevered from the building or attached to the ground.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

District means a portion of the Township within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.

Dog kennel means an establishment wherein or whereon three or more dogs are confined and kept for sale, boarding, breeding, training, or sporting purposes, for remuneration.

Drive-in establishment means a business establishment so designed that all or a portion of its operation involves providing goods or services to patrons while they are in a motor vehicle (e.g., drive-in restaurants, drive-in theaters, drive-through establishments).

Drive-through establishment means a business establishment so designed that its operation involves providing goods or services to patrons while they are in a motor vehicle, typically through a drive-through window (e.g., drive-through banks, drive-through cleaners, or drive-through restaurants).

Dwelling means any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this chapter.

Dwelling, multiple-family, means a building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Multiple-family dwelling units may also be known as apartments.

Dwelling, one-family or single-family, means an independent, detached residential dwelling designed for and used or held ready for use by one family only.

Dwelling, two-family or duplex, means a detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each. Also known as a duplex dwelling.

Dwelling unit means one or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking, and sleeping purposes.

Dwelling unit, single-family attached, means a self-contained single-family dwelling unit attached to a similar single-family dwelling unit with party or common walls, designed as part of a series of three or more dwelling units, each with:

(1)

A separate entryway with direct access to the outdoors at ground level;

(2)

A separate basement, if applicable;

(3)

Separate utility connections; and

(4)

Defined and rear yards.

Single-family attached dwelling units may also be known as townhouses, row houses, or clustered single-family dwellings.

Easement means a grant by the property owner of the uses of a strip of land by the public, a corporation, or private person or persons for a specific purpose or purposes.

Elevated deck means a platform elevated over 24 inches in height above grade at any point, no part of which is roofed, which is more than five feet in any horizontal direction. An elevated deck may be cantilevered from the building or attached to the ground.

Essential services means the erection, construction, alteration, or maintenance of public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmissions of underground 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.

Family means:

(1)

A domestic family. An individual, or two or more persons related by blood, marriage, or adoption, together with not more than two additional unrelated persons, occupying the premises and living as single non-profit housekeeping unit with single culinary facilities. The usual domestic servants residing in the premises shall be considered as a part of the family.

(2)

The functional equivalent of the domestic family. A maximum of four persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. The definition of the term "family" excludes a group occupying a boardinghouse, lodginghouse, hotel, any society, club, fraternity, sorority, association, organization or similar dwelling for group use where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.

Farm means any parcel of land containing at least ten acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used.

Farm animal means an animal used to produce a farm product or that is a farm product itself.

Farm markets means sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agribusiness operation or agricultural land.

Farm product means those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan commission of agriculture.

Fence means an unroofed manmade structure designed as a barrier. It may be made of wood, metal or other material. It may be ornamental or intended for or capable of enclosing a piece of land, preventing ingress and egress, dividing, bounding or simply marking a line.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land area from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.

Floodway means the channel of the watercourse and those portions of the adjoining floodplains that are designated to be reserved to carry and discharge the base flood.

Footprint means the outline of a building on the ground surface as shown from plan view, including all structural projections which extend outward from the building's foundation.

Foster care family group home means a private home in which more than four but less 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 or legal guardian.

Foster care 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 or legal guardian.

Garage, private, means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Gasoline service station means 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 automobile repair, the premises shall not be considered a gasoline service station.

Gazebo means a freestanding roofed platform structure, usually open on the sides. A belvedere is the same as a gazebo.

Grade, finished, means the completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

Groundwater outflow means the process by which groundwater seeps from the ground. Seepage is usually found along the lower parts of slopes and in areas where the water table is high.

Groundwater recharge means the replenishment of groundwater with water from the surface. Gravity water supplied to a body of groundwater from surface sources such as wetlands and lakes.

Groundwater recharge areas (zones). Groundwater recharge can occur at nonspecific and specific surface areas. Specific surface areas may be places where:

(1)

Surface water accumulates such as in a wetland or a topographic depression;

(2)

Where there is highly permeable soil or rock formation at the surface; or

(3)

Where an aquifer is exposed at or near the surface.

Home occupation means an occupation or profession carried on as a subordinate use by a member of a family residing on the premises and conducted entirely within the dwelling and which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The use by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence shall be permitted.

Hotel means a building occupied as the temporary abiding place of individuals who are lodged with or without meals in which there are more than ten sleeping rooms usually occupied singly, with no provisions made for cooking in any individual room or apartment.

Human occupancy means the use of any structure or portion thereof, by one or more persons for any residential purpose, to include sleeping and eating.

Indoor commercial space means the area where the commercial transitions take place, including seating, counter and display areas used by the public, separate from other aspects of the use.

Kennel means a kennel shall be construed as an establishment wherein or whereon three or more animals, other than farm animals, are confined and kept for sale, boarding, breeding, training, or sporting purposes, for remuneration.

Keyholing means the use of a waterfront lot to provide access to the water by owners of property not located on the water.

Land use permit means a permit for proceeding with excavation, construction, alteration or moving, issued in accordance with a plan that complies with all of the provisions of this chapter.

Landscape buffer strip (also greenbelt and planting screen) means a strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen in carrying out the requirements of this chapter.

Line, street, means the dividing line between the street and a lot.

Live/work units means a dwelling unit or sleeping unit in which a portion of the space includes a non-residential use that is operated by the tenant. An internal connection between the dwelling unit and non-residential space may be included. Examples of live/work units include the following types:

(1)

The fully integrated type: The dwelling unit and the non-residential space occupy the same area.

(2)

The live-above type: The non-residential space is below the dwelling unit.

(3)

The live-behind type: The non-residential space is in front of the dwelling unit.

(4)

The live-in-front type: A single-family house where the workplace is typically behind the living quarters. The house is intended to be fully compatible with a dwelling unit, with freestanding work quarters suitable for restricted uses. The separation between the two functions may be complete, meaning there may be a door separating the spaces. However the commercial section cannot be leased independently from the house.

Living space means that area within a structure intended, designed, erected, or used for human occupancy.

Locally grown produce means produce grown within the state or between zero and 150 miles of the place of sale.

Lodginghouse means a building where lodging only is provided for compensation to three or more persons, as opposed to hotels open to transients.

Lot means land occupied or to be occupied by a building and its accessory buildings, or by any other single activity permitted herein, together with such open spaces as are required under this chapter and having its principal frontage upon a street.

Lot, corner, means a lot at the junction of and fronting on two or more intersecting street rights-of-way.

Lot, double frontage, means an interior lot having frontages on two more or less parallel streets as distinguished from a corner lot.

Lot, flag, means a lot which is located behind parcels and/or lots fronting on a public street, but which has a narrow extension to provide access to the public street.

Lot, waterfront, means a lot which abuts, adjoins or is contiguous to a private or public body of water or live stream.

Lot area means the total horizontal area within the lot lines of a lot. The term "lot area" means that area within the lot lines not including any portion of a public or private ROW.

Lot coverage means:

Building means the percent of a lot, excluding water bodies and wetlands, occupied by a building or structure including accessory buildings and structures.

Impermeable surface means the percent of a lot, excluding water bodies and wetlands, occupied by buildings, parking, paved and gravel storage yards, driveways, streets, roads, and sidewalks

Lot depth means the mean horizontal distance from the front lot line to the rear lot line.

Lot lines means the property lines bounding a lot.

Front lot line, in the case of a lot not located on a corner, means the line separating said lot from the public or private road right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from the right-of-way for the road which is designated on the plat as the front, or which is designated as the front on the site plan review application or building permit application, subject to approval by the planning commission or zoning administrator. On a flag lot, the front lot line shall be the interior lot line most parallel to and nearest the public street from which access is obtained.

Rear lot line means ordinarily that lot line which is opposite and most distant from the front lot line. In the case of triangular, wedge-shaped, or irregular lots that are pointed at the rear, the rear lot line shall be imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front line and wholly within the lot. In cases in which the rear lot line definition cannot be easily applied, the zoning administrator shall designate the rear lot line.

Side lot line means any lot line other than the front or rear lot lines. A side lot line separating a lot from a street right-of-way is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line. In cases in which the side lot line definition cannot be easily applied, the zoning administrator shall designate the side lot line.

Lot of record means a lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the deed to which has been recorded in the office of the register of deeds at the time this chapter is passed.

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

Major automobile repair means general repair, rebuilding, or reconditioning of engines, motor vehicles, trailers, including collision work (bodywork, framework, or fender straightening or repair, welding, and major painting service) and vehicle steam cleaning.

Marina means a facility which extends into or over waterways in the Township and provides docking for four or more boats or offers service to the general public or members of the marina for docking, storing and loading of boats.

Master plan means the comprehensive plan currently in effect for the Township illustrating the general location of streets, parks, public buildings, and all physical development within the Township.

Mechanical equipment means all electrical, heating, ventilation, plumbing, generators, and air conditioning equipment and other service facilities.

Minor automobile repair means the minor repair or maintenance of motor vehicles which does not require the removal of the engine head or pan, engine, transmission, or differential. Minor repairs include brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, transmission work, and incidental body and fender work and minor painting. Above stated is applied to passenger automobiles, motorcycles, snowmobiles, small engines, and trucks not to exceed 9,000 pounds rated capacity.

Mitigation plan means the use of any or all of the following actions:

(1)

Avoiding the impact altogether by not taking a certain action or parts of an action.

(2)

Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(3)

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(4)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

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 non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

Motel means a building, boat, recreation vehicle, group of buildings, part of a building, dwelling or dwelling unit used for overnight accommodation of transient guest for compensation on a short-term basis (i.e., stays generally shorter than 30 consecutive days). The term shall include any building, group of buildings, part of a building, dwelling or dwelling unit designated as a lodging house, hotel, resort, short-term rental or by any other title intended for providing lodging for compensation on a transient basis, but shall not include bed and breakfasts or campgrounds, as defined in this section.

Natural features means naturally occurring features, including, but not limited to, topography, soils, geology, groundwater, wetlands, watercourses, plants and animals (including aquatic species), habitat, and scenery. The regulation of specific natural features is set forth in article VIII of this chapter.

Natural features protection plan means a map required with the natural features impact statement. The plan must delineate natural features to be retained on the site or excluded form the development. Delineation shall show the limits of soil disturbance expected on the site. Protective measures such as barrier fencing, soil erosion control measures, etc., are also to be shown.

Nonconforming building or structure means any lawful building or other structure which does not comply with the applicable bulk regulations for the district, either at the effective date of the ordinance from which this chapter is derived or as a result of a subsequent amendment thereto.

Nonconforming lot of record means any lot of record which does not comply with the applicable lot dimension regulations for the district, either at the effective date of the ordinance from which this chapter is derived or as a result of a subsequent amendment thereto.

Nonconforming site means any site containing a conforming use and building which does not meet all of the various site improvement related regulations of this zoning ordinance for landscaping, paving and other non safety site related items, either at the effective date of the ordinance from which this chapter is derived or as a result of a subsequent amendment thereto.

Nonconforming use means any lawful use, whether of a building or other structure or a tract of land, which does not conform to the applicable use regulations for the district, either at the effective date of the ordinance from which this chapter is derived or as a result of a subsequent amendment thereto.

Non-regulated wetlands means land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, fen or marsh and is not regulated by the state (EGLE or MDNR) due to size, proximity to a body of water or otherwise deemed essential for the purposes of the state's objective to protect natural resources.

Non-riparian means those who own property not on the water.

Open space means an unoccupied space open to the sky.

Ordinary high water mark means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation.

Owner means a person holding any legal, equitable, option, or contract interest in land.

Parcel. See definition of the term Lot.

Parking space means a land area of not less than ten by 20 feet, exclusive of driveways and aisles, and adjacent to driveways and aisles, and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.

Patio means an improved recreation area which is commonly made of pavement or pavers, no part of which is roofed.

Permanent resident means an owner of a property or a tenant that lives in a dwelling unit for more than 243 days a year.

Persons means and includes any individual, political subdivision, estate, trust or body of persons, whether incorporated or not, acting as a unit.

Planning commission means the planning commission of the Township of Hamburg, Livingston County.

Pole barn means a structure used for storage having a metal roof and metal sides.

Porch means a structure, which may be a covered, partially enclosed and is projecting out from a building. A porch may be cantilevered or attached to the ground.

Poultry means domestic fowl, such as, but not limited to, chickens, turkeys, ducks, or geese.

Principal building means a building in which is conducted the main use of the lot upon which it is situated.

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

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

Public sewer system means a public sewer system shall be defined as a central or community sewage system of pipes and structures including pipes, channel conduits, manholes, pumping stations, sewage and waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally, actually used or intended for use by the general public or a segment thereof, for the purpose of collecting, 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 and maintained by the general public, residential district or area, firm, or corporation.

Public utility means any person, firm, corporation, county, township, municipality or department or board thereof, fully authorized to furnish and furnishing under state, county, township or municipal regulation to the public, electricity, gas, sewage disposal, steam, communication services, transportation, or water.

Restaurant means any establishment whose business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, a standard restaurant, or bar/lounge or a combination thereof, as defined below:

Bar/lounge means a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snack may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

Restaurant, carryout, means a restaurant whose method of operation involves sale of food, beverages, and/or frozen deserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises.

Restaurant, drive-in, means a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle on the premises.

Restaurant, drive-through, means a restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.

Restaurant, fast-food, means a restaurant whose method of operation involves the minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is being served, or at tables or booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.

Restaurant, standard, means a restaurant whose method of operation involves either:

a.

The delivery of prepared food by waiters and waitresses to customer seated at tables within a completely enclosed building; or

b.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

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

Riparian means those who own property located on the water. This shall not include owners of a lot used as access for more than one dwelling unit.

Riparian area means the area immediately adjacent to streams, ponds, lakes, and wetlands that directly contributes to the water quality and habitat components of the water body. This may include areas that have high water tables and vegetation that exhibit characteristics of wetness, as well upland areas immediately adjacent to the water body that directly contribute shade, nutrients, cover, or debris, or that directly enhance water quality within the body of water.

Sensitive plant species means plants that are:

(1)

Endemic to Hamburg Township and the vicinity;

(2)

Listed as endangered, threatened, sensitive or candidate as such in the Michigan Natural Resources Inventory by the Michigan Department of Natural Resources.

Sensitive wildlife species means animals species that are:

(1)

Endemic to Hamburg Township and the vicinity;

(2)

Listed as endangered or threatened pursuant to federal or state endangered species acts; or

(3)

Listed as endangered, threatened, sensitive or candidate as such in the Michigan Natural Resources Inventory by the Michigan Department of Natural Resources.

Setback line means a line defining the minimum front, side, and rear yard requirements outside of which no building or structure shall be located, except as otherwise permitted herein.

Shed means a type of accessory structure as defined herein which is not greater than 200 square feet in floor area and with a maximum height of ten feet. Sheds must be constructed of solid materials.

Short term rental unit means a dwelling unit or accessory dwelling unit that is rented wholly or partly, for periods of less than 30 consecutive days for more than 14 days per year, by persons other than the permanent resident. Short term rental units including the following:

Accessory short-term rental unit means a dwelling unit or portion of a dwelling unit rented or leased to transient guests for a period of less than 30 consecutive calendar days per rental period and less than 122 days per calendar year.

Bed and breakfast short-term rental unit means a structure which was originally constructed for single family residential use and is currently the private residence of the permanent resident. The permanent resident or residents act as the [manager] and are on-site during the rental of the property. The residence is used for renting bedrooms, on a nightly basis to transient guests for a period of less than 30 consecutive calendar days per rental period and may be rented 365 days per calendar year. Bed and breakfast short-term rental units provide food at no extra cost to the transient guest.

Hosted short-term rental units means a short-term rental unit where a portion of the dwelling unit or the accessory dwelling unit is occupied by a permanent resident when the unit is rented or leased to transient guests.

Primary short-term rental unit means a dwelling unit or portion of a dwelling unit rented or leased to transient guests for a period of less than 30 consecutive calendar days per rental period and may be rented 365 days per calendar year.

Site inventory map means a map required with the natural features impact statement which clearly shows the location and types of existing natural features on the site and extending 50 feet beyond the property lines. The drawing should delineate edges of woodlands, show buffer areas, show watercourse stream banks, ordinary high water marks, floodplains, and slopes exceeding 12 percent in grade.

Slope means an upward or downward degree of slant on the earth's surface usually expressed as a percent expressed as:

Slope classes:

(1)

Very steep (greater than 25 percent).

(2)

Steep (15 - 25 percent).

(3)

Moderate (5 - 15 percent).

(4)

Gentle (less than five percent).

Solid waste disposal facility means a facility approved and licensed in accordance with the Solid Waste Management Act, Public Act No. 641 of 1978, as amended by Public Act No. 10 of 1979 (MCL 21.231 et seq.), for the disposal of solid wastes.

Special use means a use, which is subject to the special approval of the planning commission which, may be allowed only when there is specific provision in the ordinance. A special use is not considered to be a nonconforming use.

Stable, private, means an accessory building in which horses are kept for private use and not for hire, remuneration, or sale.

Stables/commercial means a structure used to house horses for commercial purposes. The term "commercial purposes" includes riding stables, riding academies, and the breeding, raising and/or training of horses with the expectation of sale at a profit or for racing. The term "commercial purposes" do not include the housing and training of horses by an individual property owner or member of his immediate family for showing or competition by the individual or member of his immediate family, provided, however, that the requirements in section 36-187 are met.

State-licensed residential facilities means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979, MCL 400.701 to 400.737, or Public Act No. 116 of 1973, MCL 722.111 to 722.128, and provides residential services for six or fewer individuals under 24-hour supervision or care.

Stoop or steps means a projection from the entrance to a building, five feet or less in any horizontal dimension, which may include a landing, steps, and roof (attached only to the building such as an awning).

Stormwater facility means areas where stormwater is either:

(1)

Absorbed in the ground;

(2)

Stored in depressions; or

(3)

Runs off the surface into streams, lakes, or wetlands.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if no such floor above, the space between such floor and the ceiling next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living units shall be counted as a full story.

Streams/watercourse means areas where surface water flow continuously or intermittently produces a defined channel or bed, including bedrock channel, gravel beds, sand and silt beds and defined channel swales. The definition of the term "streams/watercourse" does not include irrigation ditches, canals, storm or surface water runoff structures or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction of such watercourses.

Street means a thoroughfare, which affords a principal means of access to abutting property and which, has been accepted as a public street.

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

Structure means anything constructed or erected the use of which requires a temporary or permanent location on the ground or is attached to something having a permanent location, in, on, or below the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

Submerged land means that area located below the ordinary high water mark of any lake, pond, river or stream.

Temporary building means a building that will only be in place for a temporary timeframe and is not permanently attached to the ground.

Temporary shelter means a temporary structure such as a tent or similar structure made of canvas, tarp or plastic or a similar material.

Temporary structure means a structure that will only be in place for a temporary timeframe and is not permanently attached to the ground.

Terrace means an unroofed raised level or platform of earth, paved or unpaved, supported on one or more faces by a wall, a bank of turf or the like.

U-pick operation means a farm that provides the opportunity for retail customers to harvest their own farm products directly from the plant. Also known as pick-your-own or PYO, these are forms of marketing farm products to retail customers who go to farms and pick the products they wish to buy.

Value added agricultural product means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours.

Variance means a modification of the literal provisions of this chapter granted when strict enforcement would cause undue hardship due to circumstances unique to the individual property for which the variance is granted.

Wetland determination, final, means a formal, scientific inventory and analysis of an EGLE regulated wetland by trained professionals which determines its boundaries, describes its biotic and hydrogeologic setting, and proposes measures or alternatives which avoid, minimize, or mitigate the disruption to the wetland resulting from the proposed action.

Wetland determination, preliminary, means an in-office review of existing wetland inventories and related information by the zoning administrator at the time of application for a land use permit.

Wetland, regulated, means land characterized by the presence of water at a frequency and duration sufficient to support (and that under normal circumstances does support) wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is regulated by EGLE under the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.101 et seq.), or by any other state and/or federal statute. To be regulated by the EGLE under Public Act No. 451 of 1994, wetlands will need to meet one of the following conditions, as determined by the EGLE:

(1)

Be contiguous to any lake, pond, river or stream.

(2)

Not be contiguous to any lake, pond, river or stream; and more than five acres in size.

(3)

Not be contiguous to any lake, pond, river or stream; and five acres or less in size if the EGLE determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the EGLE has so notified the owner.

Yard means an open space on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure.

Front yard means a yard extending across the front of the lot between the side lot lines and measured between the front line of the lot and the nearest point of the building.

Rear yard means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yards shall be in all cases at the opposite end of the lot from the front yard.

Side yard means a yard between the side lot line and the nearest sideline of the building and extending from the rear line of the building to the front line of the building.

(Zoning Ord. 2020, art. 2, 1-5-2021; Ord. No. 21-003, 9-5-2023; Ord. No. 22-001, 9-5-2023)