The following rules of construction apply to the text of this chapter:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

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 subordinate building, the use of which is clearly incidental to that of the principal building and is located on the same lot as the principal building. The accessory building is to be devoted exclusively for an accessory use, which is customarily incidental to the main use of the premises. All construction for accessory buildings shall be to standards required by the building code adopted by the township. An accessory building does not include any portable or temporary structure, such as a semi-trailer used for storage.

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

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

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

(1)

Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations or media which depict or describe "specified sexual activities" or "specified anatomical areas;" or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of the material identified in subsections (1) and (2) of this definition, and still be categorized as an adult bookstore or adult video store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises ten percent or more of sales volume or occupies ten percent or more of the floor area or visible inventory within the establishment.

Adult cabaret or adult night club means a nightclub, bar restaurant, or similar commercial establishment that regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;"

(3)

Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

(4)

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult motel or adult lodging means a hotel, motel or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way that advertises the availability of any of the above;

(2)

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 12 hours.

Adult motion picture theater means a commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

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

Agricultural means and includes purposes related to agriculture, farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry.

Agricultural building means a structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals. Such structure shall not include habitable or occupiable spaces or spaces in which agricultural products are processed, treated or packaged; nor shall an agricultural building be a place of occupancy by the general public.

Agri-tourism means land devoted to entertainment or retail purposes and possessing an agricultural or horticultural theme or objective. The facility must be operated by the actual property owner or owners.

Alley means a public or legally-established private thoroughfare, other than a street, which affords a secondary means of access to abutting property, and not more than 20 feet wide.

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

Animal means any live non-human species of mammal, and any species of reptile, amphibian, insect, bird or fish.

(1)

Domestic animal means any live animal of a species indigenous to the state and not a wild animal or farm animal, including dogs and cats, and also including birds, non-venomous snakes and lizards, non-venomous insects, rabbits, and fish, kept as household pets.

(2)

Exotic animal means any live animal of a species not indigenous to the state and not a domestic animal or a farm animal, including any hybrid animal which is part exotic animal, and fish.

(3)

Farm animal means any live animal (other than a domestic animal) of species customarily and normally kept as livestock on a farm; and also any other animal other than dogs, cats, exotic animals and wild animals, raised for commercial profit or slaughter.

a.

Large farm animals means cows and other bovine, horses and other equine, hogs and other swine, sheep and goats and other ovine, and other livestock animals of comparable size.

b.

Small farm animals means chickens and other poultry, turkeys, ducks, geese, and rabbits, and other livestock animals of comparable size, and fish.

(4)

Wild animal means any live animal of a species indigenous to the state and not a domestic animal or a farm animal, including any hybrid animal which is part wild animal.

(5)

Livestock means species of animals used for human food and fiber or those species of animals used for service to humans. The term "livestock" includes, but is not limited to, cattle, sheep, goats, bison, ratites (for example, ostrich) swine, equine, poultry, aquaculture and rabbits. The term "livestock" does not include dogs and cats.

Animal hospital. (See Kennel.)

Animal unit means 1,000 pounds live weight or as defined in 25 CFR 161.1.

Animated signs means any sign having a conspicuous and intermittent variation in the illumination of the physical position of any part of the sign.

Apartment. (See Dwelling, multiple-family.)

Area, net site, means the total area within the property lines of a project excluding external streets.

Automobile/vehicle repair means general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting and undercoating of automobiles when carried on in a completely enclosed room or building.

Basement means that portion of a building which is below the first story, the ceiling of which is less than five feet above the surrounding ground elevation at all points.

Bed and breakfast establishment means a residential structure which is occupied by the owner(s), has one or more sleeping rooms available for rent by transient guests or visitors, and in which the owner(s) serves breakfast to the transient guests or visitors.

Billboard means any construction or portion thereof, including the wall of a building, upon which a message or advertisement used as an outdoor display for the purpose of making anything known to the general public is affixed. The term "billboard" does not include any bulletin boards used to display official court or public office notices.

Building means a permanent or temporary structure erected on-site; a pre-manufactured or pre-cut structure above or below the ground that is designed primarily for the shelter, or enclosure of persons, animals or property of any kind.

Building coverage means that percentage of the plot or lot area covered by the building area.

Building height means the vertical distance measured from the established finished grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided such average elevation shall not exceed the established finished grade at the center of the front of the building by more than one inch for each front foot that the building sets back from the front line.

Building permit means a permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this chapter.

Building setback, required, means the minimum measurement from the right-of-way line to the nearest point of the building or structure. Steps may be located within the required building setback. Porches and decks are considered as part of the building or structure and may not be located within the building setback.

Campground means a parcel or tract of land on 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 temporary use by five or more recreational vehicles or tents.

Child care center or 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, where the parents or guardians are not immediately available to the child. The term "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, before- or after-school program, or drop-in center. The term "child care center" or "day care center" does not include any of the following:

(1)

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

(2)

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

(3)

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

(4)

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

Church means a building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such principal purpose.

Club, lodge orcountry club, private, means a non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests.

Conditional use means a use which is subject to conditional review by the planning commission and approval by the township board. A conditional use may be granted when specified by this chapter and for those uses not specifically mentioned. A permitted conditional use is not considered to be a nonconforming use.

Condominium subdivisions means a plan or project consisting of two or more site condominium units established in compliance with the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), as used in reference to a "site condominium subdivision" as required in article XIX of this chapter.

Contractor establishment means a place of business for a person or firm undertaking to do work or to supply goods to the general public by contractual agreement. The term "contractor" means, but is not limited to, individuals or companies furnishing electrical, mechanical, plumbing, building, well drilling, excavation and lawn care services.

Corridor (M-66) means the section of M-66 between the township's north and south boundaries.

Court means an unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

Court, outer, means a court enclosed on not more than three sides by exterior walls of a building, or by external walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

District means a portion of the incorporated part of the township within which certain regulations and requirements or various combinations thereof apply under the provision of this chapter.

Drive-in/drive-thru means an establishment which accommodates the patrons' automobiles in the off-street parking area accessory to the business from which the occupants may receive a service or obtain a product which may be used or consumed in the vehicle, on the same premises.

Driveway means a portion of yard space intended for vehicular ingress and egress for a lot or parcel of land.

Dwelling unit means a room, or rooms connected together, constituting a separate, independent housekeeping establishment for one-family occupancy, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom, and sleeping facilities. In the case of mixed occupancy, the part of a building occupied as a dwelling shall be deemed the dwelling unit and shall comply with all applicable provisions of this chapter for dwellings.

Dwelling, multiple-family, means a building containing three or more separate dwelling units designed for residential use, as permitted in article IX of this chapter.

Dwelling, one-family, means a building containing one dwelling unit designed for residential use, as permitted in section 38-418.

Dwelling, two-family, means a building containing two separate dwelling units designed for residential use, as permitted in section 38-418.

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

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

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

Essential services buildings means gas or electric substations, regulator stations, including buildings accessory thereto, and other public utility service buildings or structures.

Family means one person, or group of two or more persons living together who may or may not be inter-related by bonds of consanguinity, marriage, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common and a single set of culinary facilities. The persons thus constituting a family may also include foster children, gratuitous guests and domestic servants. The term "family" does not include the occupants of a roominghouse or boardinghouse as a family unit.

Family childcarehome means a private home in which one but fewer than seven 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 children related to an adult member of the family by blood, marriage, or adoption. 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. The term "family child care home" does not include an individual providing babysitting services for another individual.

(Ord. of 2-2008)

Farm means all of the contiguous neighboring or associated land operated as a single unit on which bona fide agriculture 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 considered a farm hereunder shall include a continuous parcel of ten acres or more in area. The term "farm" may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, livestock and poultry farms, and apiaries; but establishments for the purpose of keeping fur bearing animals or game, or operating fish hatcheries, stone quarries, or gravel, dirt or sand pits shall not be considered farms.

Farm dwelling means any single-family dwelling located on an active farm serving as the principal residence for the persons primarily engaged in operating the principal agricultural use of the said farm.

Floodplain means that portion of land adjacent to a waterbody or watercourse which is subject to periodic inundation.

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

Frontage means all the property fronting one side of the street between intersecting or intercepting streets, or between a street intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.

Future land use plan means the statement of policy by the township planning commission relative to the agreed upon desirable physical pattern of future community development. Such plan consists of a series of maps charts and written material representing in summary form the soundest conception to the community as to how is should grow in order to bring the very best community living conditions.

Garage, commercial, means any garage, other than a private garage available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles on other motor vehicles.

Garage, private, means an accessory building not over one story or 15 feet in height used for parking or storage of vehicles as may be required in connection with the permitted use of the principal building.

Gasoline/vehicle service station means any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuel, oils, or lubricants. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

Golf course means an area of land designed for the game of golf, which may include a clubhouse/pro shop providing locker facilities and the sale of food/beverages and golf-related merchandise.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

Greenhouse means a permanent and/or temporary structure designed and operated specifically for the growing of plants, which may include accessory sales.

Group child care home means a private home in which more than six but fewer than 12 minor children are given care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. 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.

(Ord. of 2-2008)

Group housing means two or more dwellings on a parcel of land under single ownership.

Gun club means any club, organization, individual, group of individuals, or use, whether operated for profit or not, which caters to or allows the use of firearms.

Highway. (See Street, major.)

Home occupation means any activity including, but not limited to, instruction in a craft or fine art, which generates traffic, noise or odor which is carried out for gain (profit) by a resident conducted as an accessory use in the resident's dwelling unit and clearly subordinate to the residential use.

(Ord. of 2-2008)

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

Hotel ormotel means a building containing primarily rooming units with the number of dwelling units being not greater than ten percent of the total number of rooming units, and with the exception of the unit occupied by the management staff, used for the accommodation of transients.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

Intensive livestock operation means any farm or farm operation engaged in raising, breeding, or feeding beef or dairy cattle, horses, swine, sheep, goats, poultry/fowl, turkeys, ducks, or other livestock in concentrations equal to or greater than shown in the table below. Intensive livestock operations include any buildings, structures, excavations, or enclosed areas directly involved in such farm or farm operations, including land used for pasture or feedlot purposes, and any animal waste storage structures, excavations, or areas directly connected to or associated with such operations. See also the provisions of applicable generally accepted agricultural management practices (GAAMPs), especially GAAMPs for site selection and odor control for new and expanding livestock production facilities adopted January 2017, as may be amended from time to time.

¹ Weighing over 55 pounds.

Intensive livestock operations shall also include an operation where live animals or poultry are concentrated or restricted to an area more limited than to natural feeding habitats and containing a population per acre of at least three dairy cattle, four slaughter or feeder cattle, ten swine (55 pounds or more), 400 laying hens or broilers, 40 sheep or lambs, 200 turkeys, two horses, or a combination of the above equal to or exceeding four animal units per acre. For the purpose of this section, one animal unit shall be equivalent to approximately 1,000 pounds of live body weight.

(Ord. No. 2017-10-01, § 1, 10-17-2017)

Junkyard means any land or building where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, parked, disassembled or handled, including, but not limited to, scrap, iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes automobile wrecking yards and includes any area of more than 50 feet square for storage, keeping or abandonment of junk. The term "junkyard" does not include uses established entirely within enclosed buildings.

Kennel means any building or land used for the sale, boarding, treatment, or breeding of dogs, cats, or other household pets as a business.

Large solar energy system means a utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery, or consumption of the generated energy with a capacity greater than one megawatt (MW).

Living space means that area within a structure intended, designed, erected or used for human occupancy; that is, the sum of the gross horizontal area of the floor in question of the building used for occupancy, measured from the exterior faces of the exterior walls, from the centerline of walls separating two buildings, from the centerlines of interior walls, and excluding porches, garages, and breezeways not usable yearround.

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

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building together with its accessory buildings, and providing the open spaces, together with its accessory buildings, and providing the open spaces, parking spaces and loading spaces required by this chapter. Said parcel of land may consist of one or more lots of record according to any recorded plat, but for the purpose of this chapter shall be deemed one parcel or lot if title to the property is held under one deed.

Lot area 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 the two streets is less than 135 degrees. A lot abutting upon a curved street, or streets, shall be considered a corner lot for the purpose 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 from an interior angle of less than 135 degrees.

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

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

Lot lines means the lines bounding a lot as defined herein:

Front lot line means the exterior line or right-of-way of a road on which a lot fronts or abuts. In the case of an interior lot, the line separating said lot from the street, in the case of a corner lot or double frontage lot, the line separating said lot from that street which is designated as the front street in the plot. In the case of lots bordering on a lake, river or canal, the established water or shore line shall be designated as the front of such lots.

Rear lot line means the lot line opposite the front lot line. In the case of the lot irregularly shaped at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

Side lot lines means any lot lines other than the front lot line or the rear lot line.

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

Lot width means the horizontal distance between the side lot lines, measured parallel to the front lot line at the minimum front yard setback line.

(Ord. of 11-18-2008)

Manufactured home means a residential structure assembled in a factory and moved to a site, in contrast to a structure that is constructed on the site.

Manufactured housing community means a parcel or tract of land, under the control of a person or corporation upon which one or more manufactured home is located on a continual non-recreational basis for the purposes of supplying the location or accommodation for manufactured homes and accessory uses and shall include all buildings used or intended to be used as part thereof, but not including sales of unoccupied homes situated upon lots intended to be moved from the site and includes that which is so defined by Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Mineral extraction and processing means the removal, processing, loading and/or transporting of topsoil, sand, gravel, or other such minerals on, to or from a lot, tract or parcel of land, for commercial purposes in excess of 1,000 cubic yards per year. The term "mineral extraction and processing" also includes any maintenance performed on any machinery or equipment used in such removal, processing and/or transporting.

Mobile home means a structure transportable in one or more sections which is built on a chassis and designed to be used 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 (Public Act No. 96 of 1987 (MCL 125.2301 et seq.). All mobile homes shall be in compliance with all state and federal laws including 24 CFR, and U.S. Department of Housing and Urban Development regulations entitled "Mobile Home Construction and Safety Standards" effective June 15, 1976, as amended, and regulations pertaining to mobile homes as well as local and state plumbing and fire codes. A permanent foundation is required on mobile homes outside of a mobile home park.

Modular housing unit means a unit constructed solely within the factory in various sized modules, which are then transported by flatbed, or other means, to the site where they are assembled on permanent foundations to form single-family dwellings which are either attached (in rows or clusters) stacked or detached.

Nonconforming building means a building or portion thereof existing at the effective date of this the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the provisions of the ordinance nor to the use regulations of the district 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 became effective, and which does not conform to the use regulations of the district in which it is located.

Nude model studio means any place where a person who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include an educational institution funded, chartered, or recognized by the state.

Nudity or a state of nudity means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person, including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following:

(1)

A woman breastfeeding a baby, whether or not the nipple or areola is exposed during or incidental to the feeding.

(2)

Material as defined in section 2 of Public Act No 343 of 1984 (MCL 752.362).

(3)

Sexually explicit visual material as defined in section 3 of Public Act No. 33 of 1978 (MCL 722.673).

Nursery establishments means any land used to raise trees, shrubs, flowers and other plants for sale on or off the premises or for transplanting.

Nursing or convalescent home means a structure with sleeping rooms where persons are housed or lodged and furnished meals and nursing care for hire.

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

Offset means a short distance measured perpendicularly from the main line in surveying, used to help in calculating the area of an irregular plot.

Open space means any space suitable for recreation, gardens or household service activities such as clothes drying. Such space must be at least 75 percent open to the sky, free of automotive traffic, parking and undue hazard, and readily accessible by all those for whom it is required.

Outdoor wood-fired boiler, also known as an outdoor wood-fired furnace, outdoor wood burning appliance, or a hydronic heater means a fuel burning device that is designed to burn wood or other solid fuels that is not located within the building it is intended to provide heat to and which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

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

Planned unit residential development means a tract of land which includes two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding area, and where the specific requirements of a given district may be modified and where the minimum area is fixed. Such development shall be based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Portable building/structure means any building or structure less than 120 square feet on a permanent foundation and meeting current township building code.

Pre-manufactured home means a residential structure assembled in a factory and moved to a site, in contrast to a structure that is constructed on the site.

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

Public or institutional uses means churches; accredited public, parochial, or private schools; trade schools or colleges; hospitals and nursing homes; parks and nonprofit recreational uses; libraries; government-owned buildings; cemeteries; and fire stations or similar uses providing service necessary to the community.

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

Public place means any real property or an appurtenance to the real property which is owned by this state, any municipality of this state, a public agency, or by a college or university in this state and may include a structure, enclosure, facility, or complex, including a court, mall, park, or other area, feature, or element. A public place shall also mean a business or an educational, refreshment, entertainment, recreation, health or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

Public sewer system means a central or community sanitary sewage and collection system of pipes and structures, including pipes, conduits, manholes, pumping stations, sewage and waste water treatment works, diversion and regulator devices, and outfall structures, collectively or singularly, actually used or intended for use by the general public or a segment thereof, for the purpose of collection, conveying, transporting, treating or otherwise handling sanitary sewage or industrial liquid wastes of such a nature as to be capable of adversely affecting the public health; operated for the benefit of the general public in a given area whether owned by a public, semipublic or private entity.

(Ord. of 11-18-2008)

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

Recreation area, private, means all lands and structures which are owned and operated by private individuals, a business or corporation which are predominantly intended to accommodate recreational vehicles and provide for outdoor recreational activities.

Recreational vehicle means camp trailers, fifth-wheel travel trailers, trailer coaches, boats and/or boat trailers, trailers used for the transport of equipment, vehicles or animals, folding camping trailers, motor vehicles, motor homes, travel trailers, van conversions or "pop up" vans or any similar vehicle designed to be used for human habitation.

(Ord. of 11-16-2010)

Retail and retail store means any building or structure in which goods, wares, or merchandise are sold to the ultimate consumer for direct consumption and not for resale.

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

Road. (See Street.)

Road frontage means the length of the property line of lot, lots or tract of land abutting a public road, or along a private road which is the sole means of ingress and egress for two or more properties under separate ownership.

Roadside stand means a temporary or permanent structure under 400 square feet in size that is used seasonally for the sale of agricultural products produced on the same premises.

Rooming unit means any room or group of rooms forming a single habitable unit used for living and sleeping at which does not contain cooking or eating facilities.

Roominghouse means a building, or part thereof, other than a hotel, where sleeping accommodations are provided for hire and where meals may be regularly furnished.

Rowhouse (townhouse) means an attached house in a row or group, each house containing not more than two dwelling units and each house separated from adjoining houses in the same row or group by common firewalls or fire separations.

Salvage yards. (See Junkyard.)

Sanitary landfill means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume and to cover it with a layer of suitable cover at the conclusion of each day's operation or at more frequent intervals as necessary; and maintained in accordance with part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.).

School means a building used for the purpose of elementary or secondary education which meets all requirements of compulsory education laws of the state, and not providing residential accommodations.

Self-storage/mini-storage means groups of buildings in a controlled access and fenced compound that contain varying sizes of individual compartmentalized and controlled access stalls or lockers for a dead storage of customer goods or wares.

Setback from road right-of-way means the minimum required horizontal distance between the road right-of-way, rear or side lines of the lot and the front, rear or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining offsets.

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

(1)

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

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.

Sexually oriented business means a business or commercial enterprise engaging in any of the following:

(1)

Adult arcade;

(2)

Adult bookstore or adult video store;

(3)

Adult cabaret;

(4)

Adult motel;

(5)

Adult motion picture theater;

(6)

Adult theater;

(7)

Escort agency;

(8)

Nude model studio; and

(9)

Sexual encounter center.

Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.

Signs means any words, numbers, figures, devices, designs, or trademarks visible from the exterior of the structure by which anything is made known, such as are used to show a business, service, or entertainment.

Identification sign means any structure on the same premises it identifies that serves only to:

a.

Tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution;

b.

Tell the name or address of a multifamily development, subdivision or manufactured housing park; or

c.

Inform the public as to the use of a parking area.

Nameplate means a structure affixed flat against the wall of a building that serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.

Real estate sign means any temporary structure used only to advertise with pertinent information on the sale, rental or leasing of the premises upon which it is located.

Site plan means and includes the documents and drawings required by this chapter to ensure that a proposed land use or activity is in compliance with this chapter and state and federal statutes.

(Ord. of 2-2008)

Solar array means an arrangement of any number of photovoltaic devices connected to provide a single output of electric energy or other energy.

Special meeting means any meeting called by the chairperson of the planning commission or at the written request of two members of the planning commission not on a regularly scheduled meeting date.

Specified anatomical areas means:

(1)

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

(2)

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

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttock. anus and female breasts;

(2)

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

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Stables means a structure, building or land used for the keeping, care and raising of horses.

Commercial stable means any lot or parcel where horses are kept for training, riding, stabling or breeding for compensation.

Private stable means any lot or parcel where horses are kept and used solely by the owner or owners of the lot or parcel with no commercial activities involved.

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.), or Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer individuals under 24-hour supervision or care.

(Ord. of 2-2008)

Story means that part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.

Street and/or road, private, means an irrevocable easement that provides access and is not dedicated for general public use. The term "private street" or "road" also means any roadway intended to be dedicated as public after completion.

(Ord. of 2-2008)

Street and/or road, public, means a thoroughfare which affords the principal means of access to abutting property. The term "street" includes the full width of the right-of-way or easement used to create the street.

Street, major, means a public way, the principal use of which is to provide an arterial route for through traffic and has as its secondary use the provision of access to abutting properties.

Street, minor, means a public way, the principal use of which is to give access to abutting properties.

Structural alteration means the erection, strengthening, removal or other change of the supporting elements of a building, such as footings, bearing walls, beams, columns, and the like.

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

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

Towers (including commercial communication towers) means a structure typically higher than its diameter and high relative to its surroundings that may stand apart or be attached to a larger structure, and that may be fully walled in or of a skeleton framework.

Trailer coach means and includes any trailer coach, motor home, tent camper, demountable camper, or unit designed as a vacation unit for short-term seasonal occupancy, which measures nine feet or less in width and 35 feet or less in length, which is in good running condition and which complies with all requirements of state law for licensing of such vehicles. The term "trailer coach" does not include a utility trailer which is used for hauling of goods and debris.

Undevelopable land means land which has soil types or a high water table condition which present severe limitations on septic tank and tile fields.

Usable floor area means the area for the purpose of computing parking and off-street loading and unloading space, or intended to be used for the sale or merchandise or services or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or utilities shall be excluded from this computation of usable floor area. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.

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

Variance means a modification of the literal provisions of this chapter which the zoning board of appeals is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks.

Vehicle sales lot means any parcel where five or more vehicles per year are displayed for sale or rental or any parcel where a vehicle is displayed for sale for more than six consecutive months. Any parcel where less than five vehicles per year are displayed for sale or rental, a maximum of two vehicles can be displayed at any one time.

Veterinary clinic. (SeeKennel.)

Water supply system means and includes all plants, work, instrumentalities and properties used or useful in connection with obtaining a water supply, the treatment of water and the distribution of water. (Ord. of 11-18-2008)

Width means the minimum required measurement between side lot lines as measured at the required front building setback line.

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

Front yard means a yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the road right-of-way line and the nearest line of the main building.

Rear yard means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

Side yard means a yard between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line, or right-of-way line in the event of a corner lot to the nearest point of the main building.

Zoning administrator means the person designated by the township board to fill the duties as specified in section 38-762. The zoning administrator and/or building inspector shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building or structure in the township.

Zoning district. (SeeDistrict.)

(Ord. No. 2017-10-01, § 1, 10-17-2017; Ord. No. 2018-12-02, § 1, 12-18-2018; Ord. No. 2019-03-01, §§ 1, 2, 3-19-2019)