(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 the state's citizens for food, fiber, energy and other uses of land; to ensure that the use of land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of 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 general 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 such 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 interest of all, and to promote improved wholesome, harmonious, aesthetic development of the township; and by further regulations and restrictions to limit the location, height, bulk, number of stores, size of dwellings, the uses and 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 zoning board of appeals, defining and limiting the power and duties of the zoning board of appeals and providing the means for enforcing this chapter.

(Ord. No. 50, § 1.2, 11-17-1992)

(a)

Liberal construction. This chapter shall be liberally construed in such manner as to best effectuate its purpose. In interpreting and applying the provisions of this chapter, the requirements shall be held to be minimum for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

(b)

Conformance with chapter. No building or structure, or part thereof, shall be erected, constructed, reconstructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except as permitted by and in conformity with the provisions of this chapter.

(c)

Highest standard to govern. 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 this chapter, 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. This section is not intended to supersede the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(d)

Affect on orders to provide safe and healthy conditions. Nothing within this chapter shall be construed to prevent compliance with an order by the appropriate authority to correct, improve, strengthen, or restore to a safe or healthy condition, any part of a building or premises declared unsafe or unhealthy.

(Ord. No. 50, § 1.3, 11-17-1992)

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

(6)

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

(Ord. No. 50, § 1.4, 11-17-1992)

(a)

Validity. 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 such ruling.

(b)

Severability. 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 such provision to any other parcel, lot, district, use, building, or structure not specifically included in such ruling.

(Ord. No. 50, § 1.5, 11-17-1992)

For the purpose of this chapter, certain words and terms are defined in section 32-6. Such definitions are subject to the rules set forth in section 32-3 regarding rules applying to the text of this chapter.

(Ord. No. 50, § 2.1, 11-17-1992)

Cross reference— Definitions generally, § 1-2.

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 building means a supplementary detached building or structure incidental and subordinate to the principal building or buildings on the same lot or parcel of land as the main building or buildings or part of the main building occupied by or devoted exclusively to any accessory use; but such use shall not include any building used for dwelling, residential, or lodging purposes, or sleeping quarters for human beings.

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

Act means Initiated Law of 2008, MCL 333.26421 et seq. and Michigan Administrative Rules are 333.101 et seq., as may be amended or superseded from time to time in the future.

Adult means:

(1)

A person 18 years of age or older.

(2)

A person who is placed in an adult foster care family home or an adult foster care small group home pursuant to section 5(6) of Public Act No. 116 of 1973 (MCL 722.115(6)).

Adult foster care congregate facility means an adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.

Adult foster care facility means a governmental or nongovernmental establishment that provides foster care to adults. Subject to section 26a(1) of Public Act No. 218 of 1979 (MCL 400.726a(1)), 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 article 17 of the public health code, Public Act No. 368 of 1978 (MCL 333.20101 et seq.).

(2)

A home for the aged licensed under article 17 of the public health code, Public Act No. 368 of 1978 (MCL 333.20101 et seq.).

(3)

A hospital licensed under article 17 of the public health code, Public Act No. 368 of 1978 (MCL 333.20101 et seq.).

(4)

A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of community health under the mental health code, Public Act No. 258 of 1974 (MCL 330.1001 et seq.).

(5)

A county infirmary operated by a county department of social services or family independence agency 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 et seq.), 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 et seq.), 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).

(8)

An establishment commonly described as an alcohol or a substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or rooming house that does not provide or offer to provide foster care.

(9)

A facility created by Public Act No. 152 of 1885 (MCL 36.1 et seq.).

(10)

Any other facilities exempted from the definition of adult foster care facility by Public Act No. 218 of 1979 (MCL 400.701 et seq.).

Adult foster care family home means a private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult foster care large group home means a facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Adult foster care small group home means a facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

Agriculture means the use of land for tilling of the soil, the raising of tree and field crops, or animal husbandry as a source of income, including any agriculture uses established in accordance with the Michigan Right to Farm Act, Public Act 93 of 1981.

Agricultural products 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.

Agricultural tourism means the practice of visiting an agribusiness, horticultural, or agricultural operation, including, but not limited to, a farm, orchard, winery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation.

Agriculturally-related products means items sold to attract customers and promote the sale of agricultural products. 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 farm and agriculture in Michigan and value-added agricultural products and production on site.

Agriculturally-related uses means those activities that predominantly use agricultural products, buildings or equipment, such as u-picks, dairy farms, pumpkin farms, Christmas tree farms, farm markets, petting farms, animal displays, pony rides, pumpkin rolling, barn dances, sleigh/hay rides and related uses as determined by the planning commission. All agriculturally-related uses shall be subject to federal and state laws regulating such uses.

Altered means any change in the location or use of a building, or any change in the supporting members of a building such as bearing walls, columns, beams, joists, girders, and similar components, or any substantial change in the roof or exterior walls, or any change in the type of occupancy. The term "altered" also includes the words "reconstructed" and "alteration."

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

Assembly means the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social, or recreation functions, which include, but are not limited to, movie theaters, concert halls, banquet halls, places of worship and community halls.

Automobile repair means 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 rustproofing.

Automobile service station means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body fender work, or automobile repairs are conducted.

Automobile washes means a building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.

Basement means that portion of a building which is wholly or partly below grade is a basement when the vertical distance from finished grade to floor is greater than the vertical distance from finished grade to ceiling. A basement shall not be included as a story for height measurement, except as provided in the definition of "story."

Bed and breakfast establishment means a private residence in which the property owner resides that offers sleeping accommodations to guests in rooms for rent in the private residence and serves meals at no extra cost to its guests.

Bedroom means a dwelling room used for or intended to be used in whole or in part for sleeping purposes, by human beings.

Block means 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 between any of the foregoing and any other barrier to the continuity of development.

Building means a temporary or permanent structure, or any part thereof, having a roof supported by columns or walls. A detached building is one separated on all sides from adjacent buildings by open spaces from the ground up. 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 structure shall be deemed a separate building.

Building area means the buildable area of a lot is the space remaining after the minimum setback and open space requirements of this chapter have been complied with.

Building code means the currently adopted code or codes regulating building construction in the township.

Building frontage means the portion of a building that principally faces a public right-of-way.

Building height means the vertical distance measured from the established grade reference level to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. See the illustration in section 32-502 regarding building height requirements. Where the building may be situated on sloping terrain, this height may be measured from the average ground level of the grade at the building wall.

Building setback line means the line established by the minimum required setbacks forming the area within a lot in which a building may be located, unless otherwise provided for by this chapter.

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

Building official means the administrative official designated by the township board to enforce the building code and/or portions of this chapter.

Building permits means a building permit is the written authority issued by the building official permitting the construction, removal, moving, alteration, or use of a building, fence, or sign in conformity with the provisions of this chapter.

Campground means any one or more of the following, but specifically excluding a hospital, any use of land involving the operation of programs involving persons sentenced or assigned to such programs by governmental agencies or courts of law having statutory authority to detain persons against their will, a seasonal mobile home park licensed under Public Act No. 419 of 1970 (MCL 125.2301 et seq.), and/or a hotel or motel:

Type I: Any area of land or water of a design or character suitable for seasonable nature, recreational, or other similar temporary living purpose; or

Type II: An area in which sites are offered for the use of the public or members of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for five or more recreational units, located within a Type I area; or

Type III: Any building, or group of buildings, including dormitories and cabins, located within a Type I area, providing temporary living quarters for recreation, education, or vacation purposes, on a commercial basis or for charitable purposes.

For purposes of this chapter, the following additional terms are defined:

(1)

Recreational unit means a tent or vehicular-type structure, primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. A tent means a collapsible shelter of canvas or other fabrics stretched and sustained by poles and used for camping outdoors. Recreational unit includes the following:

a.

A travel trailer, which is a vehicular portable structure, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use.

b.

A camping trailer, which is a vehicular portable structure mounted on wheels and constructed with collapsible partial sidewalls of fabric, plastic, or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

c.

A motor home, which is a vehicular structure built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or travel use.

d.

A truck camper, which is a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping, or travel use. Truck campers are of two basic types:

1.

A slide-in camper, which is a portable structure designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters for recreational, camping, or travel use.

2.

A chassis-mount camper, which is a portable structure designed to be affixed to a truck chassis, and constructed to provide temporary living quarters for recreational, camping, or travel use.

e.

A single sectional mobile home used only to provide temporary living quarters for recreational, camping, or travel use. Recreational unit does not include a mobile home used as a permanent dwelling, residence, or living quarters.

(2)

Temporary campground means a campground used on a temporary or short-term basis not to exceed a period of four weeks.

(3)

Temporary living quarters means, as related to camping, a recreational unit or a building within a Type III camp, which is occupied or used for more than four hours between the hours of 10:00 p.m. to 6:00 a.m., which is not intended to be occupied or used by a single person for in excess of three consecutive months.

Caregiver means a person as defined under MCL 333.26423(g) of the Act, and who has been issued and possesses a registry identification card under the Act.

Christmas tree farm is one that grows coniferous trees such as Scotch, White and Austrian Pine; Douglas, Fraser, Canaan, Concolor and Balsam Fir; Blue, Norway and White Spruce for the purpose of landscape or Christmas holiday decoration, either pre-cut or for the consumer to cut.

Cider mill consists of a facility where apples are processed into cider. Although the cider is the main focus of the business, there are related activities that keep the customer entertained. Pasteurization may or may not be part of the process. Apples may be from the farm or bought from area farmers.

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 operating for profit.

Commercial use means the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or services.

Contaminated means reference to a pollutant or contaminant, and shall include but not be limited to any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring; except that the term pollutant or contaminant shall not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance, and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).

Convalescent home or nursing home means a state licensed facility for the care of children or the aged or the infirm, or a place of rest for those suffering serious bodily disorders.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with such establishment and having a gross floor area of less than 5,000 square feet.

Corn maze means a maze cut out of corn or crop for entertainment purposes.

Dairy farm means a working farm where dairy animals and products are produced.

Day care facilities. The following definitions shall apply in the construction and application of this chapter:

(1)

Family day care home means a private residence in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. The term "family day care home" includes a home that gives care to an unrelated minor child for more than four weeks in a calendar year.

(2)

Group day care home means a private residence in which seven but not more than 12 minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. The term "group day care home" includes a home that gives care to an unrelated minor child for more than four weeks in a calendar year.

(3)

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

a.

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

b.

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

c.

A facility or program for school-age children that is operated at a school by a public school or by a person or entity with whom a public school contracts for services, in accordance with section 1285a(2) of the revised school code, Public Act No. 451 of 1976 (MCL 380.1285a) if that facility or program has been granted an exemption under subsection (2) of this definition.

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

Dispensary shall mean a facility or premises where marijuana is grown, cultivated, stored, distributed, or offered for sale to patients or caregivers pursuant to the Act.

Distribute means the physical transfer of any amount of marijuana, in any form, by one person to any other person or persons, whether or not any consideration is paid or received.

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.

Drive-in or drive-through establishment means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicle to service (e.g. restaurants, cleaners, banks, theaters) patrons while in such vehicle.

Dwelling means a dwelling is any building or portion, which is designed for occupancy wholly as the home or residence of one family, either permanently or transiently. A travel trailer, motor home, automobile chassis, tent or other portable building shall not be considered a dwelling.

Dwelling, multiple, means a dwelling, as defined in this section, except which is designed as a residence for three or more families living independently of each other.

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

Dwelling, two-family, means a detached building designed for and occupied exclusively by two families living independently of each other. Also known as a duplex dwelling.

Efficiency unit means an efficiency unit is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

Erected means 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.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments or planning commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, police call boxes, towers, poles, and other similar equipment or accessories reasonably in connection therewith (not including buildings) for the furnishing of adequate service by such public utilities or municipal departments or planning commissions or for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the essential service equipment.

Event barn means one or more existing agricultural buildings originally constructed for bona fide agricultural purposes, or a new building whose character emulates the architectural features of a historic agricultural building such as a historic Michigan barn surveyed in Michigan State University's "Michigan barn and farmstead survey," and that is used by individuals or groups for a rental fee or other form of remuneration, to accommodate private functions including, but not limited to, meetings, banquets, weddings, gatherings associated with anniversaries, birthday parties, and reunions, and other similar gatherings and celebrations. Such a use may include designated outdoor areas on the same lot as the agricultural buildings for event barn activities, kitchen facilities for the preparation or catering of food, and the serving of alcoholic beverages for on-premises consumption only during scheduled events, and shall not be open to the general public. Event barns shall not include overnight accommodations.

Excavating means the removal of sand, stone, gravel, or fill dirt to below the average grade of the surrounding land and/or the finished grade, whichever shall be highest, excepting common household gardening.

Facility or premises means a freestanding commercial, office, or industrial building having a separate or independent postal address, one single-family residence having a separate or independent postal address, or one apartment unit or condominium unit having a separate or independent postal address.

Family means:

(1)

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

(2)

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

Farm means all of the contiguous neighboring or associated land operated as a single unit on which agriculture is the primary use, and is carried on directly by the owner-operator, manager, or tenant-farmer, by his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereunder shall include a continuous parcel of not less than ten acres in area; provided, further, farms may be considered as including establishments operated as bona fide greenhouses, sod farms, nurseries, orchards, chicken hatcheries, livestock and poultry farms, apiaries; but establishments keeping furbearing animals, game, or operating fish hatcheries, piggeries, stockyards, stone quarries, or gravel or sand pits shall not be considered farms hereunder unless combined with bona fide farm operation on the same continuous tract of land.

Farm market is a place or an area on a farm where transactions between a farm operator and customers take place, and is considered part of a farm operation. A physical structure is not required. At least 50 percent of the products marketed and offered for sale at a farm market (measured as an average over the farm market's marketing season or up to a five-year timeframe) must be produced on and by the affiliated farm. Farm products may be processed more extensively into a form that adds value and makes them more marketable for direct customer sales in accordance with Michigan laws, and then sold at the affiliated farm market, provided the sales are in accordance with local, state and federal regulations. A farm market may operate seasonally or year-round. Farm markets may include marketing activities and services to attract and entertain customers and facilitate retail trade business transactions, when permitted by applicable local, state, and federal regulations.

Farmers' market means a farm market located on lands that are not adjacent to, but are affiliated with, a farm operation.

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

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

Hazardous substances means any material that poses a threat to public health and/or the environment. Typical hazardous substances are materials that are toxic, corrosive, ignitable, explosive or chemically reactive. This definition includes and incorporates by reference any definition adopted by the State of Michigan, and also the use of hazardous materials referenced in the Resource Conservation and Recovery Act of 1976, as amended, and in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. CERCLA hazardous substances, pollutants, and contaminants are defined in CERCLA sections 101(14) and 101(33), except where otherwise specifically noted in the Hazard Ranking System(HRS), all of which are all expressly incorporated herein by reference.

Home occupation means an occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Hospital means an institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

Intensive livestock operation means an agricultural operation in which Class II and Class III animals are bred and/or raised within a confined area, either inside or outside, generally at densities greater than permitted by section 32-145. Such operations are further characterized as having an animal feeding building or feedlot which is a facility, other than a pasture, where animals are fed and/or confined.

Kennel means any building, structure, enclosure, or premises where five or more dogs or cats, six months of age or older are kept.

Kennel, commercial, means any building, structure, enclosure or premises where four or more dogs or cats, six months of age or older, are kept for commercial purposes, including boarding, breeding, or sale, or the rendering of services for profit. For the purposes of this definition, animals kept and maintained by a hobby kennel, shall not be deemed and considered a commercial kennel.

Kennel, hobby, means any building, structure, enclosure, or other premises where four or less dogs or cats, six months of age or older are kept, harbored, or maintained.

Laboratory means a place devoted to experimental, routine study or basic study, such as testing and analytical operations in which manufacturing of produce or products, except prototypes, is not performed.

Lake means and includes navigable tributaries of a lake and shall be defined as a body of water which has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water. The term "lake" shall not include a lake or pond which has a surface area of less than five acres.

Lake access means use of a lake for any purpose.

Lake frontage means property with frontage on a lake or a river, stream or canal that leads to a lake.

Landscaping. The following definitions shall apply in the construction and application of this chapter:

(1)

Berm means a landscaped mound of earth which blends with the surrounding terrain.

(2)

Buffer means a landscaped area composed of living material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.

(3)

Conflicting nonresidential land use means any nonresidential use, such as office, commercial, industrial, research, parking or public road right-of-way land use which abuts a residential land use.

(4)

Conflicting residential use means any residential land use developed at a higher density which abuts a residential land use developed at a lower density.

(5)

Greenbelt means a landscaped area, established at a depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.

(6)

Opacity means the state of being impervious to sight.

(7)

Plant material means a collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.

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

Lot means a place or parcel of land occupied or intended to be occupied by a building, structure or use, or by other activity permitted thereon and including the yards and open spaces required under this chapter. A lot need not be a lot of existing record or otherwise specifically so designated on any public record.

Lot area, net, means the total horizontal area within the lot lines of a lot.

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees. See illustration in section 32-505 regarding corner, interior and double frontage.

Lot depth means the mean horizontal distance from the front line to the rear lot line; or in the case of a waterfront lot, from the lake frontage line to the street frontage line; or in the case of an acreage lot, from the front right-of-way line to the rear lot line.

Lot, double frontage, means a lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front.

Lot, interior, means an interior lot is a lot other than a corner lot with only one lot line fronting on a street.

Lot lines means any line dividing one lot from another or from right-of-way, and thus constitutes the property lines bounding a lot.

Lot line, front, means in the case of an interior lot, abutting upon one public or private street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of a double frontage lot, the front lot line shall be that line separating such lot from that street which is designated as the front street in the plat and/or in the request for a zoning compliance permit (see "double frontage lot," and "waterfront lot"). In the case of a corner lot having frontage on more than one street, the corner lot shall be considered as having a front yard for each street front.

Lot line, rear, means ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the planning commission shall designate the rear lot line. (See "Double Frontage Lot" and "Waterfront Lot")

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

Lot line, street or alley, means a lot line separating the lot from the right-of-way of a street or an alley, respectively.

Lot of record means a lot of record is a lot, the dimensions of which are shown on a subdivision plat recorded in the office of the register of deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designated by the state, and such description so recorded or on file with the county.

Lot, waterfront, means a lot having frontage directly upon a lake, river, or other reasonably sized impoundment of water. The portion adjacent to the water shall be designated as the water frontage of the lot, and the opposite side shall be designated the street frontage of the lot.

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

Lot, zoning, means a single tract of land, located within a single block which, at the time of applying for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control and which tract satisfies the applicable requirements of this chapter in every respect. A zoning lot may, therefore, not coincide with a lot of record, but may include one or more lots of record.

Marijuana means the substance or materials defined in section 7106 of the Public Health Code, 1976 PA 368, MCL 333.7106, as may be amended or superseded from time to time in the future.

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 continuous nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with a 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 or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.

Non-agriculturally related products means those items not connected to farming or a farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks.

Non-agriculturally related uses means activities that are part of an agricultural tourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to special use permit.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the provisions of this chapter in the zoning district in which it is located.

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

Occupied means arranged, designed, built, altered, converted to, rented or leased, or intended to be inhabited; not necessarily for dwelling purposes.

Off-street parking lot means a facility providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted ingress and egress plus on-site parking space for at least two vehicles.

Open storage means all outdoor storage of building materials, sand, gravel, stone, lumber, equipment, construction vehicles, and other supplies.

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. On an inland lake which has a level established by law, it means the high established level.

Outdoor sales means the retail sales of goods which are principally displayed outside, such as automobiles, building material, and nursery and garden products.

Patient means a person as defined under MCL 333.26423(h) of the Act.

Petting farm means an area that allows for the petting and feeding of farm animals.

Place of worship means a building wherein persons assemble regularly for religious worship, and is maintained and operated by an organized religious body, as well as those structures within a religious complex that, while ancillary to the central location of worship, support regular assembly for worship. Places of worship include, but are not limited to, temples, synagogues, mosques and churches.

Porch, enclosed, means a covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

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

Potable water means water that is satisfactory for drinking, culinary and domestic purposes.

Public utility means any person, firm, corporation, municipal department, board or planning commission duly authorized to furnish and furnishing, and under federal, state or municipal regulations, to the public; electricity, gas, steam, communications, telegraph, transportation, or water.

Pumpkin farm means a farm designed around the growth, and harvest of pumpkins or any other similar crop.

Recharge pond/lagoon means a natural or manmade recharge area or pond designed and maintained to recharge storm water, cooling water and/or treated water to the groundwater and at a rate greater than that occurring naturally. (For certain discharges a Michigan Department of Natural Resources (MDNR) permit is required.)

Recreational vehicle means a vehicle primarily designed and used for recreational, camping or travel purposes including a vehicle having its own motor power or a vehicle mounted on or drawn by a motor vehicle.

(1)

Travel trailer means a structure designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle.

(2)

Camper trailer (pop up) means a collapsible structure designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle.

(3)

Motor home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(4)

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

(5)

Watercraft means any unit that is used for water travel.

(6)

Off-street vehicle means a motorized vehicle typically designed for use off of public streets. Off-street vehicles include snowmobiles, dune buggies, and two, three and four-wheeled all-terrain vehicles.

Registry identification card means the document defined under MCL 333.26423(i) of the Act.

Regulated substances means substances to be regulated which are chemicals and mixtures of chemicals that are health hazards. Regulated substances include:

(1)

Those list of substances as defined and listed by the Michigan Department of Environmental Quality (MDEQ), and as regulated under title III of the superfund amendments and reauthorization act of 1986 (SARA), and as currently reported on MIOSHA and/or MDEQ material safety data sheets or as listed in Parts 201 or 115 Regulations enforced by MDEQ or other state or federal agencies.

(2)

Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).

Retaining wall means a wall designed and constructed to hold back a mass of earth.

Right-of-way means a legal right of passage over real property typically associated with roads and railroads.

Sanitary sewer means an artificial conduit to convey water and waste matter to a central treatment facility.

Seasonal means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready.

Self-storage facility means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods.

Septic system means a system constructed below grade consisting of a tank and perforated drain tiles designed to treat sanitary sewage.

Setback means the minimum required horizontal distance between the building or structure and the front side and rear lot lines.

Sign means a name, identification, description, display, light, balloon, banner, flag or illustration which is affixed to, or painted, or otherwise located or set upon or in a building, structure or parcel of land which directs attention to an object, product, place, activity, person, institution, organization or business and which is visible from any public street, sidewalk, alley, park, public property or from other private property. The definition does not include goods for sale displayed in a business window. The following additional definitions are provided:

(1)

Billboard sign means an off-premises sign as defined by Public Act No. 106 of 1972, as amended.

(2)

Canopy sign means a sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits off the canopy.

(3)

Changeable copy sign means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

(4)

Freestanding sign means a sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure whether portable or stationary.

(5)

Institutional bulletin board means a sign containing a surface area upon which is displayed the name of a religious institution, school, library, community center, service or civic institution, governmental unit, or similar nonprofit institution and the announcement of its institutional services, activities or meetings.

(6)

Menu board means a sign which is designed and utilized for the purpose of disclosing upon it the availability and cost of products sold on the premises on which situated. Products indicated on the menu board are to be delivered directly to the stall or place where the menu board is installed or shall be delivered at some point in the lane of travel in which the menu board sign is part of.

(7)

Mural sign means a single sign that is painted on the wall of a building or structure in such a manner that the wall becomes the background surface of the sign.

(8)

Projecting sign means a sign other than a wall sign, which is perpendicularly attached to, and projects from a structure or building wall not specifically designed to support the sign.

(9)

Portable temporary sign means a single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, easily movable, and not permanently attached to the ground or a building.

(10)

Real estate sign means a temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.

(11)

Roof sign means any sign wholly erected to, constructed/or maintained on the roof structure of any building.

(12)

Sign surface means that part of the sign upon, against, or through which the message is displayed or illustrated.

(13)

Temporary signs:

a.

Temporary construction signs: Signs used for development and construction projects in any zoning district provided that the signs are used in accordance with the provisions of this chapter.

b.

Temporary business sign: Freestanding signs, movable signs, portable sign, banner, pennant, streamer, balloon or gas-filled figures which are used for on-premises business promotional purposes. The signs shall meet the size, area and placement provisions of this chapter.

c.

Temporary event sign: An on-premises sign that announces a campaign, drive, activity or event of a civic, philanthropic, educational, religious organization or nonprofit for noncommercial purposes and shall be subject to the following:

1.

Limited to freestanding signs, portable signs, and items such as banners, pennants, streamers, balloons and other gas-filled figures. Banners, pennants, streamers, balloons and gas-filled items shall be securely anchored and consistent with public safety standards. Each item used shall constitute a separate sign usage and the number of signs shall be in accordance with the provisions of this chapter.

2.

Temporary event signs may be illuminated in accordance with the chapter.

(14)

Total surface area of the sign means the sum total of all exterior surfaces of the sign, computed in square feet. In the case of a broken sign (a sign with open spaces between the letters, figures, numbers or symbols) the total surface area shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two outermost letters, figures, numbers or symbols.

(15)

Wall sign means any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building (see definition for mural sign); provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this article, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

(16)

Window sign means a sign installed inside a window and intended to be viewed from the outside.

Site condominium means a condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, defined as a condominium unit, as described in the master deed. The following additional definitions are provided:

(1)

Condominium act means Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(2)

Condominium documents means the master deed, recorded pursuant to the condominium act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.

(3)

Condominium lot means the condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(4)

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

(5)

General common elements means the common elements other than the limited common elements.

(6)

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

(7)

Master deed means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by section 8 of the condominium act (MCL 559.108).

Solid waste processing facility means a tract of land, building, unit, or appurtenance of a building or unit or a combination of land, building and unit that is used or intended for use for the processing of solid waste or the recovery of recyclable or compostable materials. The solid waste processing facility shall not include incinerators, waste to energy plants, junkyards or salvage operations.

Solid waste transfer facility means a tract of land, a building and any appurtenances, or a container, or any combination of land, buildings, or containers that is used or intended for use in the rehandling or temporary storage of solid waste or recyclable goods incidental to the transportation of solid waste.

Special event means an outdoor occurrence or noteworthy happening of seasonal or corporate importance, that is organized and sponsored by a community group, corporation, or institution on private property. The township requires special event applications whenever an accessory, temporary, and customary activity includes any of the criteria listed in section 32-168(c).

Special uses means permitted use subject to the special approval of the planning commission as set forth in section 32-33.

Stable, commercial, means a stable with a capacity of five or more horses, llamas, mules or donkeys which are rented, hired, used or boarded on a commercial basis or for compensation.

Stable, hobby, means a stable with a capacity of four or fewer horses, mules or donkeys which are kept for the sole enjoyment of the owners of the property.

Storm sewer means an artificial conduit to convey stormwater.

Story means that portion of a building, other than a mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, basement. A basement shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured.

Story, mezzanine, means a mezzanine floor may be used in this definition of a full story when it covers more than 50 percent of the area of the story underneath such mezzanine, or, if the vertical distance from the floor next below it to the floor next above is 24 feet or more.

Story, half, means the part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed one-half the floor area of such full story, provided the area contains at least 200 square feet with a clean height of at least seven feet six inches.

Street means a public or private thoroughfare which affords traffic circulation and principal means of access to abutting property.

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.

Temporary building and use means a building or use permitted by the building official to exist during periods of construction of the main building or use or for special events, such period not to exceed six months.

U-pick means a fruit or vegetable-growing farm that provides the opportunity for customers to pick their own fruits or vegetables directly from the plant.

Underground storage tank means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated/hazardous substances and the volume of which (including the underground piping connected thereto) is ten percent or more beneath the surface of the ground. Flow through process tanks are excluded from the definition of underground storage tank.

Underlying zone means the present zoning classification as it exists on the Holly Township Zoning Map.

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

Use, legal nonconforming, means an existing use of land and structures, as of the effective date of the ordinance from which this chapter is derived, which does not conform to the uses specified as permitted in a district.

Use, illegal nonconforming, means an existing use of land and structures, created after the effective date of the ordinance from which this chapter is derived, and which does not conform to the uses specified as permitted in a district.

Well field means a tract of land that contains a number of wells for supplying water.

Wellhead protection overlay district means that area as designated on the Holly Township Zoning Map.

Wildlife preserve means land kept and/or managed to protect and propagate wildlife.

Wind Energy Conversion System (WECS): Also, commonly referred to as a wind energy facility, wind generating tower, wind turbine, windmill, or wind-powered generator. It shall mean a combination of:

(1)

The surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical or electrical generating powers; and

(2)

A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; and

(3)

The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy; and

(4)

The tower, pylon, or other structure upon which any, all or some combination of the above are mounted.

A wind energy conversion system can also include other components not listed above but associated with the normal construction, operation, and maintenance of a wind energy conversion system such as substations, anemometer towers (MET), cables and wires and other buildings accessory to such facility.

Winery means the retail and/or manufacturing premises of a small winemaker or winemaker licensee as defined by the Michigan Liquor Control Commission.

Wireless communication facilities means all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. The term "wireless communication facilities" may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within the definition of "wireless communication facilities are: citizen band radio facilities; shortwave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this chapter, the following additional terms are defined:

(1)

Attached wireless communications facilities means wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

(2)

Wireless communication support structures means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(3)

Collocation means the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

Yard, required, side/rear/front, means an open space of prescribed width or depth adjacent to a lot or property line on the same land with a building or group of buildings, which open space lies in the area between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. See the illustration of general lot terms in section 32-503.

(1)

Yard, side, means an open space extending from the front yard to the rear yard and of a uniform width (setback) measured horizontally at right angles to the side lot line; and unoccupied from the ground upward except as otherwise specified in this chapter.

(2)

Yard, rear, means an open space extending the full width of a lot and of a uniform depth (setback) measured horizontally at right angles to the side lot line; and unoccupied from the ground upward except as otherwise specified in this chapter.

(3)

Yard, front, means an open space extending the full width of a lot and of a uniform depth (setback) measured horizontally at right angles to the front lot line and unoccupied from the ground upward except as specified in this chapter.

(Ord. No. 50, § 2.2, 11-17-1992; Ord. of 4-18-1995; Ord. of 11-21-1995; Ord. of 9-16-1997; Ord. of 3-20-2001; Ord. of 4-17-2001; Ord. of 2-19-2008(5), § 1; Ord. of 7-22-2008(2), § 1; Ord. of 8-19-2008(2), § 1; Ord. of 3-16-2011, § 1; Ord. of 6-22-2011, § 1; Ord. of 5-15-2013, § 1; Ord. of 1-16-2019(1), § 1; Ord. of 2-20-2019(1), § 1; Ord. of 4-17-2019, § 1; Ord. of 9-18-2019, § 1; Ord. of 6-22-2020, § 1)

Cross reference— Definitions generally, § 1-2.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or required larger open spaces, or larger lot areas than are imposed or required by such other ordinance or agreements, the provisions of this chapter shall control.

(Ord. No. 50, § 14.1, 11-17-1992)

It is hereby expressly declared that nothing in this chapter be held or construed to give or grant to any person any vested right, license, privilege or permit.

(Ord. No. 50, § 14.2, 11-17-1992)