The ordinance from which this chapter is derived is adopted under authority of and in accordance with the provisions of the Michigan zoning enabling act (MCL 125.3101 et seq.), to establish comprehensive zoning regulations for the township and to provide for the administration, enforcement and amendment thereof, and the repeal of all ordinances in conflict with this chapter.

(Code 2003, § 42-1; Ord. of 3-26-2001, § 1.1)

This chapter shall be known and may be cited as "The Zoning Ordinance of Leoni Township." The zoning map referred to in this chapter is entitled "Zoning Map, Leoni Township."

(Code 2003, § 42-2; Ord. of 3-26-2001, § 1.2)

This chapter has been established for the purpose of:

(1)

Promoting and protecting the public health, safety, and general welfare.

(2)

Protecting the character and stability of the agricultural, recreational, residential, commercial, and industrial areas, and promoting the orderly and beneficial development of such areas.

(3)

Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, and privacy to protect the public health.

(4)

Lessening and avoiding congestion on public highways and streets.

(5)

Providing for the needs of agriculture, recreation, residence, commerce, and industry in future growth to conform with the most advantageous uses of land, resources, and properties, with reasonable consideration of, among other things, the general and appropriate trend and character of land, building, and population development as studied and recommended by the planning commission and the township board.

(6)

Encouraging the most appropriate use of lands in accordance with their character and adaptability and prohibiting uses which are incompatible with the character of development permitted within specified zoning districts.

(7)

Conserving the taxable value of land and structures.

(8)

Conserving the expenditure of funds for public improvements and services.

(9)

Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the people.

(10)

Providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses.

(Code 2003, § 42-3; Ord. of 3-26-2001, § 1.3)

(a)

Every building and structure erected, every use of any lot, building, or structure established, and every structural alteration or relocation of an existing use, building, or structure occurring after the effective date of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter which are applicable in the zoning district in which such building, structure, or lot is located.

(b)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment of this chapter, provided that construction shall be completed within 365 days of such effective date and be subject thereafter to the provisions of section 42-347.

(c)

The adoption of the ordinance from which this chapter is derived shall not limit the construction of any building or structure for which a zoning permit had been obtained prior to the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment of this chapter, even though such building or structure does not conform to the provisions of this chapter, provided that work shall commence and be carried on within 30 days of obtaining such permit and be subject thereafter to the provisions of section 42-347.

(d)

To ensure the orderly completion of a land development project, at the recommendation of the township planning commission, as approved by the township board, the township board may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to assure compliance with the provisions of this chapter. Such guarantee shall be deposited with the township clerk at the time of the issuance of the building permit. In fixing the amount of such performance guarantee, the township board shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the township and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, lighting, utilities, sidewalks, screening, and drainage. As used in this section, the term "improvements" does not include the entire project which is the subject of zoning approval, or improvements for which a performance guarantee has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.). The township board and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses.

(Code 2003, § 42-4; Ord. of 3-26-2001, § 2.1)

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. When not inconsistent with the context, the present tense includes the future, and words used in the singular number include the plural number, and the plural the singular. The word "shall" is always mandatory and not merely suggestive. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."

Access management means a technique to improve or preserve traffic operations along a major roadway and minimize potential for accidents through the control of driveway locations and design, consideration of the relationship of traffic activity for properties adjacent to and across from one another, and the promotion of alternatives to direct road access. Methods used include construction of frontage roads, service drives, shared driveways, and medians or islands to direct traffic flow and control ingress and/or egress.

Accessory structure, building, or use means a detached structure, building, or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure, building, or use.

Agricultural business means private activities for entertainment or commercial businesses involving an agricultural setting, but which is not focused primarily on farming activities of a farm operation, including the following:

(1)

Fun houses, haunted houses, or similar entertainment facilities.

(2)

An organized meeting space for use by weddings, birthday parties, corporate picnics, or other similar events.

(3)

Any of the accessory uses provided in the definition for agricultural tourism where such uses are 50 percent or more of a farm's gross receipts or are otherwise the primary use of the farm.

Agricultural tourism means community-oriented activities for education and enjoyment that involve participation or involvement in the farming activities of a farm operation, including the following:

(1)

Seasonal U-pick fruit and vegetable operations;

(2)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn;

(3)

Agricultural festivals;

(4)

Accessory activities connected to the operations in subsections (1) through (3) of this definition, as long as these activities preserve the general agricultural character of the farm and the income from such activities represents less than 50 percent of the gross receipts from the farm. Such activities include the following:

a.

Value-added agricultural products of activities such as education tours, processing facilities, etc.;

b.

Bakeries selling baked goods containing produce at least 50 percent of which is grown on site;

c.

Playgrounds or equipment typical of a school playground, such as slides, swings, etc., but not including motorized vehicles or rides;

d.

Petting farms, animal displays, and pony rides;

e.

Wagon rides, sleigh rides, and hayrides;

f.

Nature trails;

g.

Open-air or covered picnic areas with restrooms;

h.

Education classes, lectures, and seminars;

i.

Historical agricultural exhibits;

j.

Kitchen facilities, processing or cooking items for sale;

k.

Gift shops for the sale of agricultural products and/or products related to agriculture;

l.

Gift shops for the sales of non-agriculturally related products such as antiques or crafts, with up to 25 percent of gross sales resulting from the sale of such products.

Alley means a public or private way not more than 33 feet wide which affords only a secondary means of access to property.

Alter means any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders, or floor joists.

Apartment means a dwelling unit in an apartment house arranged, designed, or occupied as a residence by a single family, an individual, or a group of individuals.

Garden apartment means a building having three or more one-story dwelling units.

High-rise apartment means a building having at least four stories and containing three or more one-story dwelling units.

Townhouse means a building of at least two stories and containing a series of three or more attached dwelling units that are separated from one another by common firewalls from foundation to roof.

Automobile or trailer sales area means any space used for display, sale, or rental of motor vehicles or trailers in new or used and operable condition.

Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants, or grease and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities, and including space for temporary minor repair, or auxiliary servicing such as polishing, washing, cleaning, and greasing, but not including bumping, painting, or refinishing thereof.

Basement means that portion of a building partly below grade, but so located that the vertical distance from the average ground level to the ceiling is less than the average ground level to the floor. A basement shall be considered a story if the vertical distance from the average ground level to the ceiling is greater than the average ground level to the floor.

Bed and breakfast means a single-family residential structure that meets all of the following criteria:

(1)

Has ten or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one or more of which are available for rent to transient tenants.

(2)

Serves meals at no extra cost to its transient tenants.

(3)

Has a smoke detector in proper working order in each sleeping room and a fire extinguisher in proper working order on each floor.

Berm means a mound of earth graded, shaped, and improved with grass, plant materials, and/or ground cover in such a fashion as to be used for visual and/or audible screening.

Billboard means any structure or part thereof on which lettered or pictorial matter is displayed for off-premises advertising purposes.

Boardinghouse and roominghouse mean a dwelling where meals and/or lodging are provided for compensation to persons by pre-arrangement for definite periods of time.

Building means an enclosed structure having a roof supported by columns, walls, or other devices and used for the housing, shelter, or enclosure of persons, animals, or chattels.

Building height means the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridges for gable, hip, or gambrel roofs.

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

Building setback line means a line parallel to or concentric with property lines delineating the minimum allowable distance between the street right-of-way and the front of any building.

Campground means a parcel or tract of land 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 tents, motor homes, travel trailers, or other recreational vehicles.

Central sanitary sewer system means any person duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a sanitary sewer disposal system from a central location or plant, but not including septic tanks.

Central water system means any person duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a central water system from a central location or plant.

Clinic, medical or dental, means a facility where two or more licensed physicians or dentists actively engage in the practice of medicine or dentistry on an outpatient basis. A clinic may incorporate customary laboratories and pharmacies incidental or necessary for its operation.

Common element means an unoccupied area within a site condominium or planned unit development which is reserved for the enjoyment of all residents (general) or by some residents (limited) and maintained by those residents through associations.

Condominium unit means that portion of a condominium project or site condominium subdivision which is designed and intended for separate ownership and use, as described in a master deed, regardless of intended use. The owner of a condominium also owns a share of the common elements. The terms "condominium unit" and "site condominium" shall be considered the equivalent to the term "lot" for purposes of determining compliance with minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratios. Lot requirements within this chapter shall apply to site condominium units as they are designed and recorded under the provisions of Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Cul-de-sac means a street closed at one end and having a minimum right-of-way of 120 feet in diameter at the turnaround.

Day care facility.

(1)

Child care center means a facility, other than a private residence, receiving one or more children under 13 years of age for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The term "child care center" or "day care center" includes a facility which provides care for not less than two consecutive weeks regardless of the number of hours of care per day. The facility includes child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before or after school program, or drop-in center. The term "child care center" does not include any of the following:

a.

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

b.

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

c.

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

d.

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

e.

A program that primarily provides therapeutic services to a child.

(2)

Family day care home means a private home in which one to six minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except for 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 during a calendar year.

(3)

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

State Law reference— Similar definitions, MCL 722.111.

District means a portion of the township within which certain uniform regulations and requirements apply under the provisions of this chapter.

Drive-in establishment means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building.

Dwelling, multiple-family, means a building, other than a mobile home, designed for or occupied by three or more families living independently of each other with separate housekeeping and cooking facilities for each.

Dwelling, single-family, means a detached residence designed or occupied by one family only with housekeeping and cooking facilities, and complying with the following standards:

(1)

The dwelling shall contain a minimum of 720 square feet of living area.

(2)

The dwelling shall have a minimum width of 20 feet along any exterior side elevation of the principal living area, exclusive of porches not a part of the main living area.

(3)

The dwelling shall have a minimum floor-to-ceiling height of 7.5 feet.

(4)

The dwelling shall be connected to a public sewer and public water supply or to such private facilities as are approved by the county health department.

(5)

The dwelling shall comply in all respects with the township building code.

(6)

The dwelling shall comply in all respects with applicable township and state plumbing, electrical, energy and fire codes and regulations and other applicable ordinances.

(7)

All dwellings, including manufactured housing and HUD, shall be on a crawlspace or basement and shall be firmly attached to a solid foundation according to this chapter.

(8)

The dwelling shall contain storage area either in a basement located under the dwelling, in an attic area, in closet areas, or in a separate fully enclosed structure on the site, which space shall be equal to not less than 15 percent of the interior living area of the dwelling.

(9)

The dwelling shall be aesthetically compatible in design and appearance to conventionally on-site constructed homes with a roof overhang of not less than six inches, not less than two exterior doors with one being in the front of the home and the other being in either the rear or side of the home, and roof drainage systems concentrating roof drainage and avoiding drainage along the sides of the dwelling.

(10)

The dwelling shall have a stone, brick, block, concrete, or wood foundation coextensive with the perimeter of the structure or, in the case of a dwelling which has foundational support which is not coextensive with the perimeter of the structure, a wall or skirting material constructed to be coextensive with the perimeter of the structure and similar in appearance to a stone, brick, block, concrete, or wood foundation to give the appearance of a standard foundation. The wall or skirting material shall be durably constructed to last the life of the structure, and such skirting shall be installed within 90 days after issuance of building permit.

(11)

The standards in this definition shall not apply to a mobile home located in a licensed mobile home park or a licensed mobile home subdivision except to the extent required by state law or otherwise specifically required in the ordinances of the township.

Dwelling, two-family, means a building, other than a mobile home, designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

Dwelling unit means one or more rooms with independent cooking facilities designed as a unit for residence by only one family.

Easement means any private or dedicated public way, other than a street or alley, providing a secondary means of access to a property, having a width of not less than 20 feet.

Essential services means the erection, construction, alteration, or maintenance, by public utilities or municipal departments, commissions or boards, of underground or overhead gas, electric, steam or water transmission or distributing systems, collection, communication, supply or disposal systems, or dams, weirs, culverts, bridges, canals, or locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals or signs and fire hydrants, and other similar equipment and accessories in connection therewith, for the general public health, safety, convenience, or welfare. This definition does not include towers or other buildings or structures intended specifically to service commercial wireless telecommunications such as cellular services, personal communications services, and specialized or enhanced mobile radio, paging and similar services.

Family means one or more persons occupying a single housekeeping unit and using common cooking facilities; provided that, unless all members are related by blood or marriage, no such family shall contain over five persons.

Domestic family means one or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single domestic housekeeping unit in the dwelling.

Functional family means persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single nonprofit unit. The term "functional family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be a rebuttable presumption enforced by the building inspector in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six.

Foster care facility means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. The term "child caring institution" includes a maternity home for the care of unmarried mothers who are minors and an agency group home that is described as a small child caring institution, owned, leased, or rented by a licensed agency providing care for more than four but less than 13 minor children. The term "child caring institution" also includes an institution for developmentally disabled or emotionally disturbed minor children. The term "child caring institution" does not include a hospital, nursing home, or home for the aged licensed under article 17 of the public health code, Public Act No. 368 of 1978 (MCL 333.20101 to 333.22260), a boarding school licensed under section 1335 of the revised school code, Public Act No. 451 of 1976 (MCL 380.1335), a hospital or facility operated by the state or licensed under the mental health code, Public Act No. 258 of 1974 (MCL 330.1001 to 330.2106), or an adult foster care family home or an adult foster care small group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 to 400.737), in which a child has been placed under MCL 722.115.

Greenbelt and buffer strip mean a strip of land of definite width and location reserved for planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter. It can also be a landscaped area along a street between the curb or road shoulder and the front yard parking setback line.

Home occupation means an occupation that is traditionally and customarily carried on in the home, being primarily incidental to the principal residential use (see also section 42-355).

Hotel means a building containing guestrooms in which lodging is provided, with or without meals, for compensation and which is open to transient or permanent guests, or both.

Intensive livestock operation. Livestock operations may be considered intensive when the number of animals fed, harbored, maintained, or kept exceeds more than one animal unit per tillable acre of farm. See the following representative list of animal units (AU):

Junkyard means a structure or parcel of land where junk, waste, discarded, salvaged, or similar materials such as old iron or other metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cording, barrels, containers, etc., are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, house wrecking, and structural steel materials and equipment and including establishments for sale, purchase, or storage of salvaged machinery and the processing of used, discarded, or salvaged materials, for any 30 consecutive days.

Kennel means land and/or a structure where five or more cats or dogs are boarded for profit.

Land use plan means a composite, or portion thereof, of the mapped and written proposals and recommendations relative to the growth and development of the township as adopted by the township planning commission.

Lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street.

Lot area means the area within the lot lines but excluding that portion in a road or street right-of-way.

Lot, corner, means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.

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

Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.

Lot line (front) means the part of the lot line which coincides with the street right-of-way or easement. On lakefront property it is the part which coincides with the lake.

Lot of record means a lot which is part of a subdivision and is shown on a map thereof which has been recorded in the office of the county register of deeds, or a lot described by metes and bounds, the deed to which has been recorded in such office.

Lot, through (double frontage), means an interior lot having frontage on two parallel or approximately parallel streets.

Lot width means the width of the lot measured at the required front yard setback line.

Master deed means the condominium document recording the condominium project as approved by the township which is attached as an exhibit and incorporated by reference in the approved bylaws for the project and the approved condominium subdivision for the project.

Mobile home means a structure that is transportable in one or more sections, built on a chassis, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

Mobile home park means a tract of land prepared and approved according to the procedures in this chapter to accommodate mobile homes on rented or leased lots.

Mobile home subdivision means a legally platted residential subdivision accommodating mobile homes.

Motel means any establishment in which courts or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" shall include motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel, or a mobile home park.

Off-street parking means a facility providing vehicular parking spaces with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of automobiles.

Parking space, area or lot means an off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors, or employees.

Private home means a private residence in which the licensee permanently resides, which residency is not contingent upon caring for children or employment by a child placing agency. The term "private home" includes a full-time foster family home, a full-time foster family group home, a group child care home, or a family child care home, as follows:

Foster family home means the private home of an individual who is licensed to provide 24-hour care for one but not more than four minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. The licensed individual providing care is required to comply with the reasonable and prudent parenting standard as defined in section 1 of chapter XIIA of the probate code of 1939, Public Act No. 288 of 1939 (MCL 712A.1).

Foster family group home means the private home of an individual who has been licensed by the department to provide 24-hour care for more than four but fewer than seven minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. The licensed individual providing care is required to comply with the reasonable and prudent parenting standard as defined in section 1 of chapter XIIA of the probate code of 1939, Public Act No. 288 of 1939 (MCL 712A.1).

Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household. The term "family child care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual. As used in this definition, the term "providing babysitting services" means caring for a child on behalf of the child's parent or guardian if the annual compensation for providing those services does not equal or exceed $600.00 or an amount that would according to the Internal Revenue Code of 1986 obligate the child's parent or guardian to provide a form 1099-MISC to the individual for compensation paid during the calendar year for those services. The term "family child care home" includes a private home with increased capacity.

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

Project means land development or any planned undertaking which involves construction of structures for any use.

Quarry means any pit, excavation, or mining operation for the purpose of searching for or removing from the premises any earth, coal, rock, sand, gravel, clay, stone, slate, marble, or other nonmetallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an excavation preparatory to the construction of a structure or public highway.

Riding academy means any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch, or similar establishment.

Roadside stand means a structure temporarily operated for the purpose of selling produce raised or produced primarily on the premises where situated, and its use shall not make it a commercial district, nor shall its use be deemed a commercial activity.

Roominghouse means a building where lodging without meals is provided for compensation.

Screening means a hedge, fence, or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses.

Setback means the minimum required horizontal distance for front, side, and rear yards as measured by the boundaries of a lot.

Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; except, however, the following, which shall not be included within this definition:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotation.

(2)

Flags and insignias of any government, except when displayed in connection with commercial promotion.

(3)

Legal notices, and identification, information, or directional signs erected or required by governmental bodies.

(4)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

(5)

Signs directing and guiding traffic and parking to private property but bearing no advertising matter.

(6)

Signs attached to a building or an integral part of a building, which identify that building or occupant.

Sign area means the area of a sign consisting of the entire projected area (visible from any point) of any regular geometric form or combinations of regular geometric forms composing all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in the computation of such area.

Sign, on-site, means a sign advertising a product for sale or a service to be rendered on the immediate premises where the sign is located.

Site condominium project means a plan or project consisting of not less than two single-family units established in conformance with the condominium act (Public Act No. 59 of 1978 (MCL 559.101 et seq.)).

Site plan review means a review by the planning commission and the township board of certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, and adjacent land usage.

State-licensed residential facility means a structure constructed for residential purposes that is licensed by the state, which provides resident services for six or less persons under 24-hour supervision or care for persons in need of that supervision. Such facilities shall be located no less than 1,500 feet apart, except upon approval of the township board.

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

Street means a public or private thoroughfare which affords the principal means of access to abutting property, having a right-of-way not less than 66 feet in width, unless situated along an existing public road of lesser width or specifically approved pursuant to site plan review under the definition of site plan review in this section and section 42-346. A public or private road, established after the effective date of the ordinance from which this section is derived, capable of serving more than four residential dwellings shall be paved with a bituminous surface prior to the issuance of the building permit for the fifth dwelling, with the pavement width not less than 20 feet.

Structure means anything constructed, erected or placed with a fixed location on the surface of the ground.

Telecommunications services (commercial) means licensed commercial (wireless) telecommunications services, including cellular services, personal communications services, and specialized or enhanced mobile radio, paging and similar services that are marketed to the general public.

Tower means any ground- or roof-mounted pole, spire, structure or combination thereof exceeding a height of 15 feet, including support lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar device above grade.

Transition (buffer) strip means an unused screened open area which reduces the visual or noise impact of one use upon another.

Travel trailer means a vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger vehicle.

Variance means a variation of the lot size or width requirements, yard requirements, height restrictions, sign regulations, parking and loading requirements, or other development standards from those set forth in this chapter, where strict enforcement of the terms of this chapter would create undue hardship, owing to the unique characteristics of the property for which the variance is sought.

Vehicle display means the display of new or used vehicles offered for sale, rent, or lease and suitable for immediate use and licensing.

Vehicle parking means the parking of licensed operable motor vehicles.

Vehicle salvage means the dismantling of vehicles for salvage or reuse of parts.

Vehicle storage means the storage of vehicles held for repair, sale, salvage, or legal determination of charges or ownership.

Yard, front, means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building, including porches or decks on the lot.

Yard, rear, means an open unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building, including porches or decks on the lot.

Yard, side, means an open, unoccupied space on the same lot with the principal building, porches or decks on the side line of the principal building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot.

(b)

Any term not defined in this section shall have the meaning of common or standard use.

(Code 2003, § 42-5; Ord. of 3-26-2001, §§ 2.2, 2.3; Ord. No. 2006-3 , 3-16-2006; Ord. of 10-8-2019 , § 1)

The regulations established by this chapter within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall not preclude the establishment of higher or more restrictive standards or requirements for the authorization of any conditional use permit, where such higher or more restrictive standards or requirements are found necessary by the township board to attain the purposes of this chapter.

(Code 2003, § 42-6; Ord. of 3-26-2001, § 2.4)

(a)

Conflicting laws of a more restrictive nature are not affected or repealed by this chapter. The provisions of this chapter shall be considered as minimum. Conflicting laws of a less restrictive nature, or those conflicting in other ways than degrees of restrictiveness, are hereby repealed.

(b)

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

(Code 2003, § 42-7; Ord. of 3-26-2001, § 9.1)

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 included in such ruling. 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 land, parcel, lot, district, use, building, or structure not specifically included in such ruling.

(Code 2003, § 42-8; Ord. of 3-26-2001, § 9.2)