The following rules of construction apply to the text of this ordinance.

A.

The particular shall control the general.

B.

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

C.

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

D.

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

E.

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

F.

The term "lot" includes any site or parcel comprising an individual piece of land, whether created by platting, splitting, condominium or other legal process.

G.

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

H.

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

I.

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

1.

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

2.

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

3.

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

J.

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

Abandon. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting. Having a common border with or being separated from such a common border by, a right-of-way, alley or easement.

Accessory building (accessory structure). A building or structure detached from, but located on the same lot as the principal structure, the use of which is clearly incidental, customary, and subordinate to that of the principal structure.

Accessory use, or accessory. A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same lot as, the principal use to which it is related. When "accessory" is used in this text, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following:

a.

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

b.

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

c.

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

d.

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

e.

Accessory off-street parking spaces, open or enclosed, subject to the off-street parking regulations for the district in which the lot is located.

f.

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

g.

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

h.

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

(NOTE: The storage of boats, vehicles, recreation equipment in excess of size or number of those commonly associated with residential uses in the district will not be considered accessory.)

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

Adult book store, adult video store or adult novelty store means a commercial establishment which as one of its principal business purposes (meaning either a substantial or significant portion of its stock in trade) offers for sale or rental, or for any form or consideration, any one or more of the following:

1.

Books, computer diskettes, tapes or hard drives, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas", or

2.

Instruments, devices, or paraphernalia, which are designed for use in connection with "specified sexual activities." Condoms and clothing articles are excepted.

Commercial establishment may have other principal business purposes which do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specific anatomical areas" and still be categorized as "adult book store" or "adult video store".

Such other business purposes will not serve to exempt such commercial establishment from being so categorized as long as one of its principal business purposes is the offering for sale or rental for consideration, materials depicting or describing "specified sexual activities" or "specified anatomical areas". For purposes of video cassettes or films which are X-rated or of substantially equivalent content of X-rated films, shall be considered to depict or describe "specified sexual activities" or "specified anatomical areas" notwithstanding any more restrictive definition set forth herein.

Adult cabaret, non-liquor establishment means a nightclub, bar, restaurant or similar commercial or non-commercial establishment which does not furnish or serve alcoholic beverages or permit the consumption of alcoholic beverages which permits any of the following:

1.

Persons who appear in a state of nudity or semi-nudity, or

2.

Live performances characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or

3.

Films, motion pictures, video cassettes, slides, computer presentations, or other moving-image reproductions characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult cabaret-liquor establishment means a nightclub, bar, restaurant or similar commercial or non-commercial establishment which serves, furnishes or permits the consumption of alcoholic beverages which permits any of the following:

1.

Persons who appear in a state of nudity or semi-nudity, or

2.

Live performances characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or

3.

Films, motion pictures, video cassettes, slides, computer presentations, or other moving-image reproductions characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

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

1.

Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions of X-rated motion pictures or motion pictures equivalent to X-rated motion pictures and has a sign visible from the public right of way advertising the availability of this type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period that is less than eight hours.

Adult motion picture theater means a commercial establishment where for any form of consideration films, motion pictures, video cassettes, or similar photographic reproductions are regularly shown which are X-rated or the equivalent of X-rated.

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 sexual activities" or "specified anatomical areas".

Airport. Any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

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

Antenna. A wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure including, but not limited to, amateur radio antennas, television antennas and satellite receiving dishes. (Also see satellite dish antenna)

Architectural features. Architectural features of a building shall include cornices, eaves, gutters, projections, extensions, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

Automobile heavy repair garage. General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service (such as body, frame or fender straightening and repair), overall painting, and vehicle rust-proofing.

Automobile wrecking yard. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard. (Also see junkyard)

Basement (cellar). A basement is that portion of a building partly below grade, but so located that the average vertical distance from the grade to the floor is greater than the average vertical distance from the grade to the ceiling; provided, however, that if the average vertical distance from the grade to the ceiling is five feet or more, such areas shall be considered as a story.

Bed and breakfast establishment. An owner-occupied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.

Bedroom. A room in a dwelling unit planned and intended for sleeping, separable from other rooms.

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

Block. The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or other barrier to the continuity of development or corporate boundary lines of the municipality.

Boat or personal watercraft shall mean a vessel that requires registration from the Secretary of State for traveling in or on water including a unit powered by sail or motor.

Boat house. A boat house is a structure with sides for the storage, shelter and simple routine maintenance of a privately owned boat, and not used to serve the public for revenue, public storage or maintenance purposes, as distinguished from a covered boat well which contains no sides.

Boat livery. Any structure, site, or tract of land utilized for the storage, servicing or rental of boats and/or the sale of hunting and/or fishing tackle, equipment, baits, etc.

Boat, recreational. Any vessel used primarily for non-commercial use or leased, rented, or chartered to another for the latter's noncommercial use.

Buffer (screening). A landscaped area intended to separate and/or partially obstruct the view of two adjacent land uses or properties from one another. If the buffer area is to act as a screen, then fences, walks, berms, trees or shrubs may be required on the strip of land.

Building. A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure. This shall include tents, awnings or vehicles situated on private property and used for the purposes of a building. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Building, apartment. A building containing three or more dwelling units whose entrances are from a common hallway or series of hallways or porch.

Building height. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck lines of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs; or to a point equivalent to the foregoing on any other roof. 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 integrated solar energy system. A solar energy system that consists of integrating photovoltaic devices into the building structure, such as the roof or the wall, and which does not alter the relief of the roof or wall.

Building, main or principal. A building in which is conducted the principal use of the lot on which it is situated.

Building, multiple family. A building containing three or more dwelling units.

Building official. The building official of the township or their authorized representative.

Building permits. A building permit is the written authority issued by the building official permitting the construction, removal, moving, alteration or use of a building in conformity with the provisions of this ordinance (zoning compliance permit).

Building, single-family. A detached building designed or occupied exclusively by one family.

Building, temporary. A structure without a permanent foundation, erected or devoted to the development of, or in connection with, the principal use for a limited period of time.

Building, two-family. A detached building designed for or occupied exclusively by two families living independently of each other, such as a duplex dwelling unit.

Canal. An artificially constructed or excavated channel used for navigation purposes or boat docks and as a means of ingress or egress to other bodies of water or for building lots on the banks thereof shall be known as a canal.

Carport. A partially open structure for sheltering vehicles erected in conformity with the site requirements for garages.

Carry-out restaurant. See restaurant, fast-food.

Church or place of religious worship. An institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. The word "church" shall not include or mean an undertaker's chapel or funeral building.

Clinic. A place for the care, diagnosis and treatment of sick or injured persons and those in need of medical or minor surgical attention. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for in-patient care or major surgery.

Club, lodge or fraternity. 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.

Commercial use. An occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee or licensee.

Commission. The word "commission" shall mean the Harrison Township Planning Commission.

Condominium.

•

Condominium Act means Act 59 of 1978, as amended.

•

Condominium subdivision (site condominium) means a method of dividing land where land ownership of sites is regulated by the Condominium Act as opposed to the Subdivision Control Act of 1967. Condominium subdivision (site condominium) shall be equivalent to the term "subdivision" as used in this zoning ordinance.

•

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

•

Master deed means the condominium document recording the condominium project as approved by the township. The documents include attached exhibits of the approved and constructed condominium subdivision plans and the bylaws, either directly or by reference.

Conservation easement. An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition, retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.

Convalescent, nursing, or foster care homes are buildings with sleeping rooms were persons are housed or lodged, provided meals and receive nursing and medical care.

Court. An open space on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. A court shall be unoccupied, except as otherwise herein provided.

Deck. A platform structure more than 18 inches above the established grade.

Density. Density does not guarantee any specific number of units or lots for any individual parcel or group of parcels. It is the number of units or lots that could be developed while meeting all of the criteria and regulations applicable to conventional subdivision development.

Development. The division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, fill or land disturbance; and any use or extension of the use of land.

District (zoning district). A portion of Harrison Township that certain uses of land and buildings are permitted within, and which certain regulations and requirements of this ordinance apply on a uniform basis.

Drive-in establishment. A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (i.e., restaurants, cleaners, banks, theaters).

Dwelling unit. A dwelling unit is any house or building, or portion thereof, having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, automobile chassis, tent or portable building, not including mobile homes, be considered a dwelling unit.

Easement. The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

Efficiency unit. A dwelling unit consisting of one room, exclusive of bathroom and kitchen.

Erected. The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

Establishment. As applied for adult uses, means and includes any of the following:

1.

The opening or commencement of any sexually-oriented business as a new business;

2.

The conversion of an existing business, whether or not sexually-oriented, to any sexually-oriented business;

3.

The addition of any sexually-oriented business to any other existing sexually-oriented business; or

4.

The relocation of any sexually-oriented business.

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

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

Essential services. The term "essential services" means the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities or municipal departments or commissions of underground, surface or overhead distribution of gas, electricity, communications, steam or water transmission or distributing systems, collection, supply or disposal system including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, 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 to this municipality and immediate surrounding territory by such public utilities or municipal departments or commissions. Such facilities, both above and below ground, including storage fields and high pressure mains designated to serve users principally outside of this municipality and immediate surrounding territory, shall not be considered essential services under this definition. The term includes those facilities designed and located to serve Harrison Township residents.

Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family. One or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Notwithstanding the definition of the preceding paragraph, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, non-profit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Family member. For the purpose of determining eligible resident or owner family member, family shall include only persons related by genetics, adoption or marriage.

Farm. The term "farm" shall include the carrying on of any agricultural activity or the raising of livestock as a source of income.

Fast-food restaurant. See restaurant, fast-food and restaurant, drive-in.

Fence. Any man-made barrier or structure (including a hedgerow) of any material or combination of materials erected to enclose, separate, or screen areas of land.

Flea market. An occasional or periodic sales activity within a building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique, and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.

Floor area, gross (for the purpose of computing parking). Is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "floor area" of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level or finished lot grade, whichever is higher (see "basement" definition). "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines. Any space devoted to off-street parking or loading shall not be included in "floor area."

Floor area, residential. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Foot candle. The unit of illumination when the foot is taken as the unit of length. It is the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illumination produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela.

Frontage. The width of the lot measured at the required building line or minimum front yard setback from the right of way of the abutting street or road.

Funeral home. A building, or part thereof, used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures: c) the storage of caskets, funeral urns and other related funeral supplies; and d) the storage of funeral vehicles; but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Garage, private. An accessory freestanding building or accessory 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 to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature, having capacity for not more than three automobiles.

Garage, public. Any building or premises, other than a gasoline filling station, used for housing or care of more than three automobiles, or where any such automobiles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Garage, storage. Any premises, except those herein defined as private garage, used exclusively for the storage of self-propelled vehicles, and where such vehicles are not repaired.

Gasoline self-service station. An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

Grade. The ground elevation established for the purpose of regulating the number of stories and height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building. Grade in no instance shall be less than current U.S.G.S. 100-year flood elevation datum established by FEMA (see the definition of "story" for illustration).

Grade, building. The finished grade at the building shall be the building grade.

Greenbelt (also screening). A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this ordinance.

Gross floor area. The total area of a building measured from the interior of all outside walls thereof and including all levels.

Gross site area. The total site area under the ownership of the applicant before any deductions are made for roads, easements, open space, parcels to be separated or planned for later development, and the like.

Ground-mounted solar energy system. A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure.

Group "C" cabaret. A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

Group day-care. A private residence where care, protection and supervision are provided for a fee to at least seven and no more than 12 adults or children, including children of the adult provider.

Hazardous substances. Hazardous substances include hazardous chemicals, as defined by the Michigan Department of Public Health and the Michigan Department of Labor; hazardous materials, as defined by the U.S. Department of Transportation; critical materials and polluting materials, as defined by the Michigan Department of Natural Resources; and hazardous waste, as defined by the Michigan Department of Natural Resources.

Home occupation. An activity carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental, subordinate, and customary to the use of the dwelling unit for residential purposes and is such that it does not generate additional vehicular traffic to or from the location.

Hospital. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the health department and the State of Michigan, and is used for in-patient and out-patient services provided by the hospital including but not limited to such related facilities as laboratories, out-patient departments, physical therapy, medical records, central service facilities, physician, and staff offices.

Hotel. A series of attached, semi-detached, or detached rental units which provide overnight lodging and are offered to the public for compensation. Hotels may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

Household pet. Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds and domestic rodents.

Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to water infiltration. It includes surfaces such as limerock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

In-out boat storage. See stack storage.

Junk. For the purpose of this ordinance, the term "junk" shall mean 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 that the product was manufactured.

Junkyard. An open area where waste, 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, paper, rags, rubber tires and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

Kennel, commercial. Any lot or premises on which four or more dogs, cats or other household pets over six weeks old are either boarded, bred, or sold.

Licensee means a person holding a state operating license under the MMFLA.

Loading space. An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

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

Lot, Substandard. A lot or parcel of land that has less than the minimum required area, depth, or width as established by the zoning district where it is located, and provided that such lot or parcel was of record as a legally created lot on the effective date of this ordinance.

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

•

Front lot line. In the case of an interior lot, is that line separating said lot from the street. In the case of a through lot, is the line separating said lot from either street.

•

Rear lot line. That lot line opposite the front lot line.

•

Side lot line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line.

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

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

Manufactured home. 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. Recreation vehicles are not manufactured homes.

Manufactured housing community. A parcel or tract of land under the control of a person upon which two or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park and licensed pursuant to the provisions of Public Act 419 of 1976, as amended.

Marihuana shall have the meaning given to it in Section 7106 of the Michigan Public Health Code, 1978 PA 368, MCLE 333.7106.

Marihuana board means the Medical Marihuana Licensing Board created pursuant to Part 3 of the MMFLA.

Marihuana infused product means that term as defined in the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, MCL 333.27102.

Marina. A boat basin with facilities for berthing and securing all types of recreational craft, as well as providing supplies, provisions and service facilities.

Master plan. The township's basic land use plan prepared in accordance with the Michigan Planning Enabling Act (PA 33 of 2008), including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan and any amendment to such plan or parts thereof. Such plan shall be adopted by the planning commission.

Mean grade. Mean grade is defined as the arithmetic average of elevations of points on the boundary lines of a site (parcel of land) uniformly spaced and not more than 100 feet apart.

Medical marijuana dispensary, compassion center or similar operation for the consumption of medicinal marijuana is any facility or location where medical marijuana is grown or possessed for the purpose of distributing to a registered primary caregiver who does not reside at the location where the medical marijuana is grown, cultivated, or possessed, or any facility or location where medical marijuana is grown, processed, possessed or where a means is provided for the purpose of distributing or facilitating the distribution of medical marijuana to more than a cumulative total of five qualified patients.

Medical marihuana facility or facility means one of the following:

a.

Grower. As that term is defined in the MMFLA.

b.

Processor. As that term is defined in the MMFLA.

c.

Provisioning facility. As that term is defined in the MMFLA.

d.

Safety compliance facility. As that term is defined in the MMFLA.

e.

Secure transporter. As that term is defined in the MMFLA.

Medical use of marihuana means that term as defined in the Medical Marihuana Act, MCL 333.26423.

Mezzanine. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story (see the definition of "story" for illustration), with a clear height of seven feet and six inches, excluding obstructions.

MMMA means the Michigan Medical Marihuana Act, MCL 333.26421 et seq. as amended from time to time.

MMFLA means the Medical Marihuana Facilities Licensing Act, MCL 333.2701, et seq. as amended from time to time.

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

Motor home shall mean a recreation vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

MTA means the Marihuana Tracking Act, MCL 333.27901 et seq. as amended from time to time.

Municipality. The Charter Township of Harrison.

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

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

Nude model studio means any place where a person appears in the state of nudity or displayed specified anatomical areas to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by any other person who pays money, or any other form or consideration.

Nudity or state of nudity means the exposure of the human male or female genitals, pubic area, or buttocks with less than a fully-opaque covering, the showing of the female breasts with less than a fully-opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

Nuisance. The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this ordinance, nuisances and all such nuisances are hereby declared illegal.

Nuisance factors. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, 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, and invasion of non-abutting street frontage by traffic.

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

Nursing home (also convalescent or rest home). A home, whether operated for profit or not, for the care of the aged, infirmed, or those suffering from bodily disorders, wherein seven or more persons are housed or lodged and furnished with nursing care.

Nursery school, day school, child care center. An establishment wherein 13 or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are for remuneration cared for. Such schools or centers need not have a resident family on the premises.

Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation channel rectification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Occupancy load. The number of persons that a building can hold, as determined by the fire marshal or as indicated by the building code.

Occupied. The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

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

Open air business uses. Open air business uses not conducted from a wholly enclosed building, if operated for profit, shall include, but not be limited to, the following uses: Bicycles, trailers, mobile homes, motor vehicles, farm implements, boats, or home equipment sale or rental services.

Open space. Land used for recreation, resource protection, amenity and/or buffers. If any area of a lot is part of an existing or future road or right-of-way it shall not be counted as constituting open space.

Open space, common. Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Other recreation vehicles shall include snowmobiles, all terrain or special terrain vehicles.

Outdoor dining. The use of an outside area by an eating or drinking establishment on the same site as the establishment for the same eating and drinking activities that occur within the establishment. The outdoor dining area may be located in a public right-of-way pursuant to this ordinance.

Outdoor storage. The keeping, in an unroofed area, of goods, junk material, merchandise, boats or vehicles in the same place for more than 24 hours.

Parcel/Site. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Parcel of record. A parcel of record is an area of land described by metes and bounds and which is not necessarily a lot of record in a subdivision plat.

Park. Any public or private improved land available for recreational, educational, cultural or aesthetic uses, or land preserved for scenic purposes.

Parking space. An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and full accessibility for the storage or parking of permitted vehicles. Tandem parking stalls in single-family and multiple-family residential uses (in garages or driveways) shall be considered to be fully accessible for the purpose of this definition.

Patient means a "registered qualifying patient or a "visiting qualifying patient as those terms are defined by the Michigan Medical Marihuana Act, MCL 333.26423.

Paved surface. A level horizontal surface covered with a hard material such as asphalt, concrete, brick, or similar hard and solid material, for the purpose of walking, driving, or parking.

Performance guarantee (also maintenance guarantee). Any security accepted by the township in the form of cash, certified check, or certificate of deposit endorsed to the township, provided that the township shall not surcharge more than ten percent of the total performance costs to ensure that all improvements, facilities or work required by this ordinance will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development.

Person means any individual, proprietorship, partnership, corporation, association, or any other legal entity.

Photovoltaic device. A system of components that generates electrical energy from incidental sunlight by means of photovoltaic effect, whether or not the device is able to store the electric energy produced for later use. For purposes of this ordinance, a photovoltaic device shall also be known as a solar device.

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

Planned unit development (PUD). A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Porch, open. A covered entrance to a building or structure which is unenclosed, except for columns supporting the porch roof, and projects out from the wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Primary caregiver operation means a location where a primary caregiver can lawfully operate as permitted by the Medical Marihuana Act and this ordinance. A primary caregiver operation is not a medical marihuana facility.

Principal building. A building in which the principal use of the lot on which the building is located is conducted.

Principal use. The main use of land or structures, as distinguished from an accessory use.

Privacy fence. Privacy fencing is the use of fences to protect privacy, usually by preventing outsiders from seeing onto the property. They can be made of concrete, block, wood, assembled elements of landscape material, such as bushes, plants and evergreens, or a combination of any of the stated

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

Private launching ramp. A space or structure from which a boat may be launched for the use and benefit of the patrons of the waterfront marina or boat yard wherein said boats are berthed or docked.

Private street or road. A street or road serving two or more parcels of land which the landowners of property served by the private road are responsible for its maintenance and which conforms to all requirements of the Harrison Township Engineering Standards Ordinance.

Public launching ramp. A space or structure at which a boat may be launched by the general public, the patrons of which do not berth their boats at the site of launching, but remove them by trailers or other means at the end of each trip.

Public utility. Any persons, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing, under federal, state or municipal regulations, to the public, electricity, gas, sanitary sewers, steam, communications, telegraph, transportation or water services. The term includes those facilities designed and located to serve Harrison Township residents.

Recreation vehicles means vehicles primarily designed for recreation, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, in accordance with Act 419 of Michigan Public Acts of 1976 as amended. Recreation vehicles are further defined as follows:

a.

Boat or personal watercraft shall mean a vessel that requires registration from the Secretary of State for traveling in or on water including a unit powered by sail or motor.

b.

Snowmobile shall mean a motor driven vehicle designed for travel primarily on snow or ice, of a type which utilizes sled-type runners or skis and endless belt tread, or any combination of these, or other similar means of contact with the surface on which it is operated.

c.

Utility trailer shall mean a vehicle without motor power, designed to be drawn by a motor vehicle, to be used for carrying property including but not limited to, a boat, snowmobile, ATV, or other equipment for recreational, camping or travel use.

Recycling center. A facility where recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled, essentially by hand within a completely enclosed building.

Recycling collection point. An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

Regulatory flood protection elevation. The elevation to which uses regulated by this ordinance are required to be elevated or flood-proofed.

Repairs. The rebuilding or removal of a part of an existing building for the purpose of maintaining its original type and classification.

Restaurant. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant, drive-in. An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption on or off the premises.

Restaurant, fast-food. Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either in the building or for carry-out, and where either: 1) Foods, frozen desserts or beverages are usually served in disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or 2) The establishment includes a drive-up or drive-through service facility or offers curb service.

Right-of-way. The right-of-way line shall be the line established by the Road Commission of Macomb County or the Michigan Department of Transportation in their right-of-way requirements established for Harrison Township or the township's adopted master plan.

Roadside stands. A roadside stand is 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 a residential district, nor shall its use be deemed an approved commercial activity.

Roof-mounted solar system. A solar energy system in which solar panels are mounted to a roof of a building, either as a flush-mounted system or as modules fixed to frames which can be tilted.

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

Secondary road. A road that conducts and distributes traffic and carries through-traffic as a lower order major thoroughfare to major activity centers.

Screening. The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques may include one or a combination of fences, walls, hedges, berms or other features of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition.

Semi-nude means a state of dress in which clothing covers no more than the genitals, anus, pubic region and areola of the female breast as well as portions of the body covered by supporting straps or devices.

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

1.

Contact in the form of wrestling or tumbling between semi-nude or nude persons of the same or opposite sex; or

2.

Physical contact between male and female persons and/or persons of the same sex, where one or more of the persons is in a state of nudity and the contact includes actual or simulated specified sexual activity.

Sexually-oriented business means any of the following:

1.

"Adult arcades";

2.

"Adult book stores and adult video stores";

3.

"Adult cabarets";

4.

"Adult motels";

5.

"Adult motion picture theaters";

6.

"Adult theaters";

7.

"Escort agencies";

8.

"Nude model studios";

9.

"Sexual encounter centers";

10.

Other similar uses.

Solar array. Any number of photovoltaic devices connected together to provide a single output of electrical energy or other energy.

Solar energy system, large-scale. A utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy by more than one end-user, and typically the power output of that system is equal to or greater than one megawatt.

Solar energy system, small-scale. A solar energy system where the sole use is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, primarily for consumption by a single end user at the same property upon which the solar energy system is located.

Special land use. A land use or an activity that, under certain circumstances, might be detrimental to other permitted uses and should not be permitted as a right in a given zoning district, but which use can be permitted under circumstances unique to the proposed location and subject to conditions, acceptable to the township, which provide protection to land uses.

Specified sexual activities:

A.

Human genitals in a state of sexual stimulation or arousal.

B.

Acts of human masturbation, sexual intercourse or sodomy.

C.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specified anatomical areas:

A.

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

B.

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

Stack storage ("in-and-out" boat storage). The dry storage of any vessel for any purpose (whether during the wet or dry storage season) in a vertical fashion in or on any type of rack, cradle, or held by any sling system in a multi-tiered configuration, or by any other means or any other system utilized for the stacking or vertical storage of boats.

State equalized valuation. The value shown on the township's assessment roll as equalized through the process of state and county equalization.

Story. That portion of a building between the upper surface of a floor and the upper surface of the floor or roof next above it. A "mezzanine" shall be deemed a full story when it covers more than 50 percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

Story, half. An uppermost story lying under a sloping roof, having a floor at an elevation above the eaves of that same roof. Any area of this story used for finished living space shall be at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this ordinance, the usable floor area is only that area having at least four feet clear height between the floor and ceiling.

Structure. Anything constructed or erected on the ground or attached to the ground, including, but without limitation to principal and accessory buildings.

Structural alteration. 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.

Temporary use or building. A use or building permitted to exist during periods of construction of a principal building or use, or for special purposes as allowed by this chapter.

Tents. Tents as used in this ordinance shall mean a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.

Township board. The Township Board of the Charter Township of Harrison.

Travel trailer shall mean a portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" or "folding camper trailer" by the manufacturer. Travel trailers may contain sanitary, water, and electrical facilities.

Tree canopy. The area of land where the outermost limits of the branches of a tree or group of trees projects perpendicularly to the existing grade of a site.

Use. It is the purpose for which land or a building is designed, arranged or intended to be used, or for which land or a building is or may be occupied.

Utility trailer shall mean a vehicle without motor power, designed to be drawn by a motor vehicle, to be used for carrying property including but not limited to, a boat, snowmobile, ATV, or other equipment for recreational, camping or travel use.

Variance. A relaxation by the zoning board of appeals of the dimensional regulations of the zoning ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this code would result in a practical difficulty.

Vertical projection. Any architectural feature which projects into the yard space from the ground up through the first story.

Veterinarian clinic. A place for the care, diagnosis and treatment of sick or injured animals and those in need of medical or minor surgical attention. A veterinarian clinic may include customary pens or cages which are permitted only within the walls of the clinic structure.

Wall-mounted solar energy system. A solar energy system that is mounted to a wall of a building, either as a flush-mounted system or as modules fixed to frames which can be tilted.

Walls, obscuring. A decorative obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

Warehousing and distribution. A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Woodland or woodlot. A tract of land dominated by trees, but usually also containing woody shrubs and other vegetation.

Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zoning district. A portion of the territory of the township, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted, and within which certain yards and open spaces are required and certain height limits are established for buildings.

Zoning board of appeals. The words "board of appeals" shall mean the Harrison Township Zoning [Board of Appeals].

(Ord. No. 308, § 8, 2-13-2017; Ord. No. 308.3, § 20, 4-9-2018; Ord. No. 308.5, §§ 8, 29, 35, 4-26-2021; Ord. No. 308.6, § 1, 1-9-2023)