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

A.

The particular shall control the general.

B.

Words used in the present tense shall include the future.

C.

Words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

D.

The word shall is always mandatory and not discretionary. The word may is permissive.

E.

The masculine gender includes the feminine and neuter.

F.

All measurements shall be to the nearest integer, unless otherwise specified herein.

G.

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

H.

The word building includes the word structure. The word build includes the words erect and construct. A building or structure includes any part thereof.

I.

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

J.

Whenever a word or term defined hereinafter appears in the text of the ordinance, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meaning customarily assigned to them.

K.

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

1.

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

2.

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

3.

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

L.

Catch words and catch lines shall in no way by their presence or absence limit or affect the meaning of this Ordinance.

M.

Unless the context clearly indicates to the contrary, where an illustration accompanies any item within this Ordinance, the written text shall have precedence over said illustrations.

Whenever used in this Ordinance, the following words and phrases shall have the meaning ascribed to them in this section:

Accessory use, building, or structure: A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related.

Adult regulated uses: As used in this Ordinance, the following definitions shall apply to adult regulated uses:

A.

Adult book or supply store. An establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas (as described herein), or an establishment with a segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

B.

Group "A" cabaret. An establishment which features any of the following: Topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

C.

Adult motion picture theater or adult live stage performing theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

D.

Adult model studio. Any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any bona fide art school or similar educational institution.

E.

Adult motel. A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).

F.

Adult motion picture arcade. Any place where 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 displayed depict, describe, or relate to specified sexual activities or specified anatomical areas.

G.

Massage parlor or massage establishment. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: A duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physicians directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physicians direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly-licensed hospitals, medical clinics, or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

H.

Adult outdoor motion picture theater. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

I.

Specified anatomical areas. Portions of the human body defined as follows:

1.

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

2.

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

J.

Specified sexual activities. The explicit display of one or more of the following:

1.

Human genitals in a state of sexual stimulations or arousal.

2.

Acts of human masturbation, sexual intercourse, or sodomy.

3.

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

Agricultural tourism (also known as agritourism and agtourism): The practice of visiting an agribusiness, horticultural, or agricultural operation, including, but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation.

Agriculturally related uses: Agricultural tourism activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes.

Airport: A cleared and leveled area where aircraft can take off and land. Airports typically have hard-surfaced landing strips, a control tower, hangars, passenger terminals, and accommodations for cargo.

Alley: A dedicated public vehicular way usually between or behind buildings, which affords a secondary means of access to abutting property but is not intended for general traffic circulation or for parking, standing or loading.

Alterations: Any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as altered or reconstructed.

Ambient sound level: The sound pressure level exceeded 90 percent of the time (L90).

Animal hospital: See Clinic, veterinary.

Apartment: See Dwelling, multiple-family.

Arcade: Any establishment which provides on its premises three or more machines which may be operated or used as a game, contest or for amusement of any description, not including devices used solely for playing music.

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

Automobile: Unless specifically indicated otherwise, automobile shall mean any vehicle including, by way of example, cars, trucks, vans, motorcycles, and the like.

Automobile or vehicle dealership: A building or premises used primarily for the sale of new and used automobiles and other motor vehicles.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

Basement: That portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average grade to the floor below is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

Bed and breakfast: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provisions for a morning meal for overnight guests only.

Bedroom: A room designed or used in whole or part for sleeping purposes.

Berm: See Landscaping.

Block: The property bounded by a street or by a combination of streets and public lands, rights-of-way, rivers or streams, boundary lines of the township, or any other barrier to the continuity of development.

Board of appeals: The Lyon Township Zoning Board of Appeals, created pursuant to the provisions of Michigan Public Act 110 of 2006, as amended.

Boarding house: A building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. A rooming house shall be deemed a boarding house for the purposes of this Ordinance.

Breezeway: A permanent accessory structure that is architecturally integrated into both a primary structure (a home, for example) and a separate accessory structure (a garage, for example). A breezeway connects a doorway at each end with an overhead roof or covering.

Brewpub: An eating and drinking establishment that includes the brewing of beer (including ale) as an accessory use for sale on the same premises of not more than 5,000 barrels per year. (A barrel is equivalent to 31 U.S. gallons.)

Buildable area: The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this Ordinance.

Building: "Building" means a structure, whether temporary or permanent, having a roof supported by columns or walls, which provides shelter for use or occupancy by persons, animals, or property. The term does not include a building incidental to the use for agricultural purposes of the land on which the building is located if it is not used in the business of retail trade. The term shall be construed as though followed by the words "or part or parts of the building and all equipment in the building" unless the context clearly requires a different meaning.

Building, accessory: See Accessory use, building, or structure.

Building, principal: A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed or intended for the shelter or enclosure of the principal use of the parcel.

Building, temporary: A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. An example of a temporary building is a trailer used on a construction site.

Building envelope: See Buildable area.

Building height: The vertical distance measured from the established grade to:

A.

The highest point of the coping of a flat roof;

B.

To the deck line of a mansard roof;

C.

To the average height between the eaves and the ridge for a gable, hip studio, or gambrel roof; or

D.

Seventy-five percent of the height of an A-frame.

Where a building is located on sloping terrain, the height shall be measured from the average ground level of the building wall (see illustration).

Building line: A line parallel to the front lot line at the minimum required front setback line (see illustration).

Building official: The officer or other authority designated by the township board to administer and enforce the building code and to supervise and coordinate the functions of the building department.

Bulk: The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the heights and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit.

Campground: A place where sites are made available for temporary lodging in a tent, travel trailer, truck camper, motor home, folding tent trailer, or other similar recreational vehicle. Accessory facilities commonly associated with campgrounds include swimming pools, athletic courts and fields, beaches, picnic pavilions, boat launches and docks, club houses, and game rooms.

Car or vehicle wash establishment: A commercial establishment contained within a building where vehicles are washed.

Caretaker living quarters: An independent residential dwelling unit designed for and occupied by no more than two persons, where at least one is employed to look after goods, buildings, or property on the parcel on which the living quarters are located.

Cemetery: Land used for the burial of the dead, including columbariums, crematories and mausoleums.

Child care center: A facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility may also be described as a day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.

Church or synagogue: Any structure wherein persons regularly assemble for religious activity.

Clinic, medical: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

BUILDING HEIGHT REQUIREMENTS

BUILDING LINE

Clinic, veterinary: An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services and offices.

Club or fraternal organization: An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a club in this Ordinance.

Collection bin: Any container, receptacle, or similar device that is located on any parcel or lot of record within the township and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle.

Colocation: The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the intent to reduce the total number of structures required to support wireless communication antennas in the township.

Commercial use: The use of property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer. As used in this Ordinance commercial use shall not include industrial, manufacturing, or wholesale businesses.

Commission: The Planning Commission of the Charter Township of Lyon.

Condominium: A condominium is a system of separate ownership of individual units in multi-unit projects. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of this Ordinance, condominium terms shall be defined as follows:

A.

Condominium Act. Shall mean Public Act 59 of 1978, as amended.

B.

Condominium lot. That portion of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in article 36, Schedule of Regulations.

C.

Condominium unit. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

D.

Common elements. Portions of the condominium project other than the condominium units.

E.

General common element. Common elements other than the limited common elements, intended for the common use of all co-owners.

F.

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

G.

Master deed. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.

H.

Site condominium project. A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this Ordinance.

Congregate housing: See Housing for the elderly.

Conservation easement: A legal agreement in which the landowner retains ownership of private property, but conveys certain specifically identified rights to a land conservation organization or a public body.

Construction: The physical activity involved in constructing buildings, structures and permanent improvements upon the land, including but not limited to, earth-moving, grading, maneuvering equipment and machines, clearing, paving and the like.

Contractor's yard: A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor's yard may include outdoor or indoor storage, or a combination of both.

Convalescent home: See Nursing home.

Convenience store: A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). Convenience stores are designed to attract a large volume of stop-and-go traffic.

Co-op (cooperative) housing: A multiple dwelling owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.

Curb cut: The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

Deck A platform, commonly constructed of wood, which is typically attached to a house, and which is typically used for outdoor leisure activities.

Density: The number of dwelling units per acre of land.

A.

Gross density. The number of units per acre of total land being developed.

B.

Net density. The number of units per acre of land devoted to residential use.

Detention basin: A manmade or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or manmade outlets.

Development: The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.

Distribution center: A use which typically involves both warehouse and office/administration functions, where short- and/or long-term storage takes place in connection with the distribution operations of a wholesale or retail supply business.

District, zoning: A portion of the Township of Lyon within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established.

Drive-in: A business establishment so designed that its operation involves providing service to patrons while they are in their car, rather than within a building or structure.

Drive-in theater: An open-air theater constructed and operated at an established location, without cover or roof, displaying motion pictures for the general public who view the screen or stage while seated in a vehicle. The term drive-in theater as used herein, shall include the entire premises upon which such theater is constructed and operated, including parking areas and all other facilities accessory to such business.

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

Dwelling, accessory apartment: A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by: (a) persons related to the occupant of the principal residence by blood, marriage or legal adoption; or (b) domestic servants or gratuitous guests. An accessory apartment commonly has its own kitchen, bath, living area, sleeping area, and usually a separate entrance.

Dwelling, manufactured: A building or portion of a building designed for long-term residential use and characterized by all of the following:

A.

The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and

B.

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

C.

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

A mobile home is a type of manufactured housing, which is defined as follows:

D.

Dwelling, mobile home. A structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered mobile homes for the purposes of this Ordinance.

Dwelling, multiple family: A building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple family dwelling units include those commonly known as apartments, efficiency units, and townhouse units, which are defined as follows:

A.

Apartment: An apartment is an attached dwelling unit with party walls, contained in a building with other apartment units, which are typically accessed off a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings may have a central heating system or other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.

B.

Efficiency unit: An efficiency unit is a type of multiple family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove locate directly off the principal room.

C.

Townhouse: Townhouse units typically are designed as part of a series of three or more attached units, each with its own front door, basement, utility connections, and front and rear yards.

Dwelling, one-family or single-family: An independent, detached residential dwelling designed for and used or held ready for use by one family only. Single-family dwellings are commonly the only principal use on a parcel or lot.

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

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

Dwelling unit, single-family attached or townhouse: A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.

Earth-sheltered home: A complete building partially below grade that is designed to conserve energy and is intended to be used as a single-family dwelling.

Easement: A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

Electric vehicle (EV) charging station: A public or private parking space that is served by battery charging equipment that is used for the purpose of transferring electric energy to a battery in an electric vehicle.

Enforcement official: The enforcement official is the person or persons designated by the township as being responsible for enforcing and administering requirements of this Zoning Ordinance. Throughout this Ordinance the enforcement official may be referred to as the building official, planning official, public safety official, engineering official, or their agents. Such titles do not necessarily refer to a specific individual, but generally the office or department most commonly associated with the administration of the regulation being referenced.

Engineer, township: The township engineer is the person or firm designated by the township board to advise the township administration, township board, and planning commission on drainage, grading, paving, stormwater management and control, utilities, and other related site engineering and civil engineering issues. The township engineer may be a consultant or an employee of the township.

Erected: Any physical change on a site, including construction, reconstruction, or alteration of buildings or structures thereon. Excavation, fill, drainage, and the like shall be considered part of erection.

Essential services. The term "essential services" shall mean the erection, construction, alteration, or maintenance by public or quasi-public utilities or municipal departments of underground, surface, or overhead electrical, gas, steam, fuel or water systems, for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment which are necessary for the furnishing of adequate service to township residents by such utilities or municipal departments for the general health, safety and welfare of the public; but not including storage yards, sales or business offices, commercial buildings or activities, school bus yards, and wireless communication facilities; and further not including (i) buildings that are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety or welfare; (ii) utility poles and other structures more than 40 feet in height above ground level in a public right-of-way; and (iii) wireless equipment extending more than five feet above the top of a utility pole or structure it is attached to in a public right-of-way.

Excavation: The removal or movement of soil, sand stone, gravel, or fill dirt except for common household gardening, farming, and general ground care.

Exception: An exclusion from the normal zoning ordinance rules and regulations for the purposes of permitting particular uses or structures which are considered essential or appropriate in certain locations or under certain conditions. A variance is not required for uses or structures which are permitted because of an exception.

Family: Family means either of the following:

A.

A domestic family, that is, 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 such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.

B.

The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be a rebuttable presumption enforceable by the zoning administrator in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six. Such presumption may be rebutted by application for a special land use based upon the applicable standards in this Ordinance.

Family day care home: A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, attended by other than a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four weeks during the calendar year.

Farm: The land, buildings, and machinery used in the commercial production of farm products. Farm products are plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products. For the purposes of this Ordinance, farms shall not include establishments, for keeping or raising fur-bearing animals, private stables, commercial dog kennels, piggeries, greenhouses, or stockyards, unless such establishments are combined with other bona fide farm operations listed above which are located on the same continuous tract of land.

A farm which is operated as a business for purposes of agricultural production is distinguished from a collection of farm buildings and animals that is operated for education, demonstration, or recreational purposes. Such quasi-farm operations may be known as "petting zoos" or "model farms" or "interpretative farms."

A farm permitted by this Ordinance is not intended nor implied to permit trucking, equipment and/or vehicle repairs and/or sales, contractor's yards, stump removal and/or processing, snow removal businesses, lawn maintenance businesses, or any other activities other than those incidental to the bona fide farm.

Farm building: Any building or structure other than a dwelling, which is constructed, maintained, and used on a farm, and which is essential and customarily used for agricultural operations carried on that type of farm. A farm building may also be used to house animals and animal feed on a hobby farm.

Farm, commercial: The land, plants, animals, buildings, structures (including ponds used for agricultural or aqua cultural activities), machinery, equipment, and other appurtenances used in the commercial production of farms products (PA 93 of 1981, as amended).

Farm market: A place or an area where transactions between a farm market operator and customers takes place. This includes u-pick operations and roadside stands. It does not necessarily mean a physical structure such as a building and is considered part of a farm operation. At least 50 percent of the products marketed and offered for sale at a farm market (measured as an average over a five-year timeframe) must be produced on and by the affiliated farm or a farm under the same ownership or control (e.g., leased) as the farm market. A farm market does not have to be located on the same property where the production occurs. Farm products may be processed more extensively into a form that adds value and makes them more marketable for direct customer sales in accordance with Michigan laws, and then sold at the affiliated farm market, as long as allowed by local, state and federal regulations. The farm market may operate seasonally or year-round, and may include marketing activities to attract customers and facilitate retail trade business transactions.

Farm product: Those plants and animals useful to human beings produced by agriculture including, but not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae (the deer family), livestock, including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan Commission of Agriculture (PA 93 of 1981, as amended).

Farmers market: A farmers market, as distinguished from a farm market, is a location established in accordance with township ordinances and operated in compliance with Public Act 92 of 2000, where farmers may transport and sell to the public fruits, vegetables and other agricultural products. Farmers market vendors may operate intermittently but for state licensing purposes are considered permanent operations. Vendors selling crafts are commonly found at farmers markets.

Feedlot: Any parcel of land or premises on which the concentrated feeding of farm animals within a confined area occurs.

Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary.

Fifty percent of the products marketed: For the purposes of determining the percentage of products being marketed, the primary measure will be 50 percent of the retail floor space used to display products offered for retail sale during the affiliated farm's marketing season. If measurement of floor space during the marketing season is not feasible, then 50 percent of the gross sales dollars of the farm market will be used.

Fill, filling: The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

Filling station: A place for retail sale and dispensing of fuel directly into internal combustion vehicles or approved containers or the retail sale and transfer of electrical energy from battery charging equipment to an electric vehicle (EV). Filling stations may also incorporate a convenience store operation.

Floodplain: Any land area susceptible to being inundated by floodwaters when high amounts of precipitation are experienced or natural cyclic conditions raise the water levels. Determinants of a floodplain are as follows:

A.

That area which typically is adjacent to a river, stream, or other body of water, and is subject to flooding from a 100-year base flood.

B.

Principal estuary courses of wetland areas that are part of the river flow system.

C.

Contiguous areas paralleling a river, stream, or other body of water that exhibit unstable soil conditions for development.

Floodway: The channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge floodwaters without cumulatively increasing the water surface elevations more than one foot.

Floor area, gross: The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Floor area, net: See Floor area, usable residential and Floor area, usable nonresidential.

Floor area, usable nonresidential: The sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which is used for or intended to be used for the storage or processing of merchandise, or for utilities shall be excluded from the computations of usable nonresidential floor area (see illustration).

Floor area, usable residential: The gross floor area minus areas in basements, unfinished attics, attached garages, and enclosed or unenclosed porches.

Foster care home: See State licensed residential facility.

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

Fraternal organization: See Club.

Garage, private: An accessory building for parking or storage of motor vehicles owned and used by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

Golf course or country club: The premises upon which the game of golf is played, including clubhouses, parking lots, swimming pools, tennis courts, or other facilities or uses customarily incidental to a golf course or country club.

Grade: The term grade shall mean the ground elevation established for the purpose of regulating the number of stories or height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

FLOOR AREA OF COMMERCIAL, OFFICE AND SIMILAR NONRESIDENTIAL USES

Greenbelt: See Landscaping.

Group day care home: 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 family by blood, marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

Group home: See State licensed residential facility.

Gym or gymnasium: A room or building equipped for gymnastics, exercise or sport.

Hard cider producer: An establishment that manufactures an alcoholic beverage from the fermented juice of apples.

Hazardous uses: All uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in Section 306 of the Basic Building Code/1987, as amended, edition prepared by the Building Officials Conference of America, Incorporated.

Height of building: See Building height.

Height, wind turbine: The vertical distance from grade level adjacent to the base of the structure to the center of the hub for a horizontal axis wind turbine or the highest point of a vertical-axis wind turbine.

Highway: See Street.

Hobby farm animal: Animals often found on a farm and kept as an accessory to a single-family residential use. Hobby farm animals may include, but are not limited to, chickens, ducks, geese, pigeons, peacocks, rabbits, sheep, goats, cattle, swine, goats and llamas. Hobby farm animals do not include roosters, dogs, cats, deer or other wild animals.

Hobby farming: The plants, animals, buildings and structures used for noncommercial production of farm products. A hobby farm is accessory to a single-family dwelling. It does not include a garden plot.

Holidays: Shall be defined as the following days: New Year's Day (January 1); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November); Christmas Eve Day (December 24) and Christmas Day (December 25).

Home occupation: An occupation or profession conducted entirely within a dwelling by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, and where such use does not:

A.

Change the character or appearance of the residence;

B.

Does not result in any signs or displays on the premises;

C.

Does not result in any sales of commodities or goods on the premises; and

D.

Does not require equipment other than what would commonly be found on a residential premises.

Hospital: An institution which is licensed by the Michigan Department of Health to provide in-patient and out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

Hospital, veterinary: See Clinic, veterinary.

Hotel: A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a bath, occupied for hire, and which typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room and general kitchen, and meeting rooms.

Ice cream parlor: A retail establishment whose business is limited to the sale of ice cream, frozen deserts, dessert items, candies and confections, and beverages in a ready-to-eat state. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ice cream parlors for the purposes of this Ordinance.

Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Indoor recreation center: An establishment which provides indoor exercise facilities and indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. For the purposes of this Ordinance, a bowling establishment shall be considered a type of indoor recreation center.

Industry, heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Ingress and egress: As used in this Ordinance ingress and egress generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building or another location.

Junk: Any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

Junkyard or salvage yard: An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.

Kennel: Any lot or premises on which three or more dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, subject to the regulations set forth herein regulating private and commercial kennels.

Lake: Any body of water, natural or artificial, defined as inland lake or stream in the Inland Lake and Stream Act of 1972, P.A. 1972, No. 346, as amended.

Landfill: A tract of land that is used to collect and dispose of solid waste as defined and regulated in Michigan Public Act 641 of 1979, as amended.

Landscaping: The treatment of the ground surface with live plant materials such as, but not limited to, grass, groundcover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative manmade materials, such as wood chips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:

A.

Berms. A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies that complies with the requirements of this Ordinance.

B.

Grass. Any of a family of plants with narrow leaves normally grown as permanent lawns in Oakland County, Michigan.

C.

Greenbelt. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and groundcover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this Ordinance.

D.

Groundcover. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeks and soil erosion.

E.

Hedge. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary or fence.

F.

Hydro-seeding. A method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.

G.

Interior parking lot landscaping. A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

H.

Mulch. A layer of wood chips, dry leaves, straw, peat moss, bark, or similar organic material placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and prevent the freezing of roots.

I.

Nurse grass. Any of a variety of rapidly-growing annual or perennial rye grasses used to quickly establish groundcover to prevent dust or soil erosion.

J.

Screen or screening. A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

K.

Shrub. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.

L.

Tree. A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of 15 feet or more in Oakland County, Michigan.

1.

Deciduous tree. A variety of tree that has foliage that is shed at the end of the growing season.

2.

Evergreen tree. A variety of tree that has foliage that persists and remains green throughout the year.

M.

Ornamental tree. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of 25 feet or less.

N.

Shade tree. For the purposes of this Ordinance, a shade tree is a deciduous tree which has a mature crown spread of 15 feet or greater in Oakland County, Michigan, and has a trunk with at least five feet of clear stem at maturity.

O.

Vine. A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.

Landscaping contractor's operation: A business engaged in the practice of improving building sites or other grounds by contouring the land and planting flowers, shrubs and trees. A landscaping contractors operation typically consists of equipment, tools, vehicles and materials used in or associated with such a business.

Loading space, off-street: An off-street space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

Lot (or zoning lot): For the purposes of enforcing this Ordinance, a lot is defined as a piece of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, and open space as required herein. Single ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy, or any similar entity. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of:

A.

A single lot of record.

B.

A portion of a lot of record.

C.

A combination of complete lots of record, or portion thereof.

D.

A piece of land described by metes and bounds.

Lot, contiguous: Lots adjoining each other.

Lot, corner: A lot abutting on and at the intersection of two or more streets, provided that the streets intersect at an angle of not more than 135 degrees.
Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than 135 degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above (see illustration). A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner.

For the purposes of this definition, the street lot line shall be the line separating the lot from the street or road right-of-way.

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

Lot, flag: A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

Lot, interior: Any lot other than a corner lot with only one lot line fronting on a street.

Lot area, gross: The net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.

Lot area, net: The total horizontal area within the lot lines of the lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake. The net lot area shall be used in determining compliance with minimum lot area standards.

Lot coverage, nonresidential districts: The part or percent of the lot that is occupied by buildings, structures, paved surfaces, or other impervious surfaces.

Lot coverage, residential districts: The part or percent of the lot that is occupied by buildings or structures.

Lot depth: The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

Lot lines: The lines bounding a lot as follows:

A.

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

B.

Rear lot line. Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front lot line and wholly within the lot.

C.

Side lot line. Any lot line other than the front or rear lot lines. A side lot line separating a lot from a road right-of-way is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record: A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Oakland County Register of Deeds and Township Treasurer, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor (registered and licensed in the State of Michigan) and likewise so recorded with the Oakland County Register of Deeds and Township Treasurer.

Lot split and consolidation: The dividing or uniting of lots by virtue of changes in the deeds in the office of the Oakland County Register of Deeds and/or the Township Treasurer.

Lot width: The straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see illustration).

INTERIOR AND CORNER LOTS

LOT WIDTH AND SETBACKS

Main access drive: Any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.

Marginal access road: See Secondary access drive.

Marijuana: That term as defined in section 7106 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106.

Marijuana (marihuana) establishments: Those establishments as provided for in the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended.

Master plan: The master plan is a document which is prepared under the guidance of the planning commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the township. It refers to the "Master Plan for Future Land Use" adopted by the planning commission on November 18, 1985, as amended.

Medical marijuana compassion club: A facility that is typically operated with the intent of dispensing advice about the use of marijuana for medical purposes. Compassion Clubs vary in size, organizational structure, and the services they provide. Services may include, but are not necessarily limited to: provision of information about baked goods and other edibles containing marijuana, tinctures, oils, concentrates, capsules, smoking, and sprays.

Medical marijuana cooperative: An organization owned and/or operated by a group of individuals for its mutual benefit (such as the distribution, exchange, processing, delivery, or cultivation of marijuana).

Medical marijuana dispensary: Any site, facility, location, use, cooperative, or business where more than one registered primary caregiver intends to or does distribute, exchange, process, deliver or give away marijuana for medical purposes to qualifying patients.

Medical marijuana grow facility: Any site, facility, or location where more than one primary caregiver grows marijuana for medical purposes.

Medical marijuana grower: A commercial entity licensed under Michigan Public Act 281 of 2016 that cultivates, dries, trims, or cures and packages marijuana for sale to a processor or provisioning center.

Medical marijuana processor: A commercial entity licensed under Michigan Public Act 281 of 2016 that purchases marijuana from a grower and that extracts resin from the marijuana or creates a marijuana infused product for sale and transfer in packaged form to a provisioning center.

Medical marijuana provisioning center: A commercial entity licensed under Michigan Public Act 281 of 2016 that purchases marijuana from a grower or processor and sells, supplies, or provides marijuana to registered qualifying patients, directly or through the patients' registered primary caregivers. A provisioning center includes any commercial property where marijuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver through the Michigan Department of Licensing and Regulatory Affairs marijuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this Ordinance.

Medical marijuana safety compliance facility: A commercial entity licensed under Michigan Public Act 281 of 2016 that receives marijuana from a marijuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.

Medical marijuana secure transporter: A commercial entity licensed under Michigan Public Act 281 of 2016 that stores marijuana and transports marijuana between marijuana facilities for a fee.

Medical marijuana use: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with debilitating medical condition.

Mezzanine: An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.

Microbrewery: A brewery that manufactures in total less than 60,000 barrels of ale or beer per year, and that may sell the beer manufactured to consumers at the licensed brewery premises and to retailers as provided in MCL 436.1203, as allowed by state law. (A barrel is equivalent to 31 U.S. gallons.)

Mini-warehouse: A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Mini-warehouses are typically contained within a fenced, controlled-access compound.

Mobile home: See Dwelling, mobile home.

Mobile home lot: An area within a mobile home park which is designated for the exclusive use of a specific mobile home.

Mobile home park: A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home, subject to conditions set forth in the Mobile Home Commission Rules and Michigan Public Act 419 of 1976, as amended.

Mortuary or funeral home: An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.

Motel: A building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture. Motels typically provide exterior entrances and on-site parking for each unit. A motel may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.

Natural features: Natural features shall include soils, wetlands, floodplains, waterbodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

Non-agriculturally related agricultural tourism uses: Those activities that are part of an agricultural tourism operation's total offerings that are not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses may include amusement rides, concerts, etc.

Nonconformity: Any structure, lot, or use of any lot, land or structure, which does not conform at the time of adoption of this Ordinance or any amendment thereto, to the regulations for the district in which it is located (see also definitions in section 13.02).

Nuisance: Any offensive, annoying, or disturbing practice or object, which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.

Nursery, Day nursery, or Nursery school: See Child care center.

Nursery, plant material: A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

Nursing home, Convalescent home, or Rest home: A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Acts 139 of 1956, as amended.

Occupancy, change of: The term change of occupancy shall mean a discontinuance of an existing use and the substitution of a use of a different kind or class, or the expansion of a use.

Occupied: Used in any way at the time in question.

Office: A building or portion of a building wherein services are performed involving predominantly administrative professional, or clerical operations.

Oil or gas processing plant: A facility designed for separating, metering, holding and marketing of oil and gas production, including sweetening plants designed for the removal of sulfur compounds from natural gas, but not including oil refineries.

Open air business: Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open air business shall include:

A.

Retail sales of garden supplies and equipment, including but not limited to: Trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

B.

Roadside stands for the sale of agricultural products, including fruits, vegetables and Christmas trees.

C.

Various outdoor recreation uses, including but not limited to: Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges and amusements parks.

D.

Outdoor display and sale of garages, swimming pools, playground equipment, and similar uses.

Open space: That part of a zoning lot, including courts and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.

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

Outlot: A parcel of land which is designated as an "outlot" on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.

Parcel: A continuous area, trace, or acreage of land that has not been divided or subdivided according to the provisions of the Land Division Act and has frontage on a public street.

Park: An area of land used for various recreational activities. A park may be publicly or privately owned or controlled.

Parking lot, off-street: An area on private property which provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than three vehicles.

Parking space: An area of definite length and width as designated in this Ordinance for parking an automobile or other vehicle, and which is fully accessible for such purposes.

Perc test or Percolation test: A test designed to determine the ability of ground to absorb water, and used to determine the suitability of a soil for drainage or for the use of a septic system.

Performance guarantee: A financial guarantee to ensure that all improvements facilities, or work required by this Ordinance will be completed in compliance with the ordinance, regulations, and approved plans and specifications of the development.

Person: An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.

Personal fitness center: A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, personal fitness center shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.

Pervious surface: A surface that permits full or partial absorption of stormwater.

Pet: A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.

Planned development: A planning or construction project involving the use of special zoning requirements and review procedures which are intended to provide design and regulatory flexibility, so as to encourage innovation in land use planning and design and thereby achieve a higher quality of development than might otherwise be possible.

Planner, township: The township planner is the person or firm designated by the township board and planning commission to advise the township administration, township board, and planning commission on planning, zoning, land use, housing, and other related planning and development issues. The township planner may be a consultant or an employee of the township.

Planning commission: The Planning Commission of the Charter Township of Lyon.

Primary caregiver: A person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the Michigan Code of Criminal Procedure, 1927 PA 175, MCL 770.9a, and is licensed under the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as it may be amended from time to time, or as the term may otherwise come to be defined therein.

Principal use: See Use, principal.

Private: Something that belongs to or is used by only a limited few, and is not publicly shared.

Private home: A private residence in which the licensee or registrant permanently resides as a member of the household, which residency is not contingent upon caring for children or employment by a licensed or approved child placing agency. 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.

Private street or road: See Road.

Property line: The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also Lot line.

Protected wetlands shall mean all wetlands subject to regulation by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), or its successor department, including:

A.

Wetlands, regardless of size, which are partially or entirely within 500 feet of the ordinary highwater mark of any lake, stream, river or pond whether partially or entirely contained within the project site.

B.

Wetlands, regardless of size, which are partially or entirely within 500 feet of the ordinary high water mark of any lake, stream, river or pond unless it is determined by the EGLE that there is no surface water or groundwater connection between the wetland and the waterbody.

C.

Wetlands which are larger than five acres, whether partially or entirely contained within the project site, and which are not contiguous to any lake, stream, river or pond.

D.

Wetlands, regardless of size, which are not contiguous to any lake, stream, river or pond, if the EGLE determines the protection of the wetland is essential to the preservation of the natural resources of the state from pollution, impairment or destruction.

Public: Services and facilities that are made available to all and are supported with government revenues.

Public right-of-way. The surface of, air space above, and area below the entire width of any road, highway, street, alley, thoroughfare, easement, or other area that is dedicated, reserved, used, or open to use as a matter of right, for public travel, whether owned or controlled by, or under the jurisdiction of, the city or county, state, or federal government.

Public safety official: The public safety official refers to generally to the departments or persons who perform police, fire fighting, and other public safety functions for the township.

Public utility: Any persons, firm, corporation, municipal department, or board, duly authorized to furnish under federal, state, or local regulations a service which is of public consequence and need. The principal distinctive characteristics of a public utility are that: (1) because of the nature of its business, it has characteristics of a natural monopoly; and (2) it provides a service to an indefinite public (or portion of the public) which has a legal right to demand and receive its services. Services for the purposes of this Ordinance include gas, electricity, steam, water, sewage, transportation, telephone and cable television.

Qualifying patient: A person who has been diagnosed by a physician as having a debilitating medical condition for the purposes of receiving medical marijuana, pursuant to the Michigan Medical Marihuana Act, MCL 333.26421 et seq., as it may be amended from time to time, or as the term may otherwise come to be defined therein.

Racking: The framework used to support solar energy panels.

Real property: Includes the surface, whatever is attached to the surface (such as buildings or trees), whatever is beneath the surface (such as minerals), and the area above the surface, i.e, the sky.

Recreation: Refreshment of mind, body or spirit through play, amusement, or relaxation.

Recreation activites: Recreation activities are actions that typically involve some level of physical action, including but not limited to, sports, family activities, festivals and fairs, exercise, picnicking, and bike riding. Examples of recreation activities include a BMX track, skateboarding, bicycle racing, animal rides, concerts, balloon ridges, go-carts, and bicycle rental.

Recreational facilities: Equipment, apparatus, and furnishings that facilitate recreational activity.

Recreational vehicle: Recreational vehicles shall include the following:

A.

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

B.

Truck camper. Portable temporary living quarters intended for travel, recreation, or vacation use, which are designed to be mounted on the bed or chassis of a truck. Types of truck campers include slide-on campers (also known as pick-up campers), which are designed to be loaded onto the bed of a pick-up truck, and chassis-mounted campers.

C.

Motorhome. A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motorhomes generally contain sanitary, water and electrical facilities.

D.

Folding tent trailer. Temporary portable tent-like living quarters intended for travel, recreation, or vacation use, which are mounted on wheels.

E.

Boats and boat trailers. Boats and boat trailers shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

F.

Other recreational equipment. Other recreational equipment includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.

Recognizable and substantial benefit: A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: Long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or, elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.

Recycling center: A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.

Recycling collection station: A facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.

Registry identification card: A document issued by the department that identifies a person as a Registered Qualifying Patient or Registered Primary Caregiver, pursuant to the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as it may be amended from time to time, or as the term may otherwise come to be defined therein.

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

A.

Restaurant, carry-out. A carry-out restaurant is a restaurant whose method of operation involves sales of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

B.

Restaurant, drive-in. A drive-in restaurant is a restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

C.

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

D.

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

E.

Restaurant, standard. A standard restaurant is a restaurant whose method of operation involves either:

1.

The delivery of prepared food by waitpersons to customers seated at tables within a completely enclosed building or in an approved outdoor seating area pursuant to subsection 19.02.X; or

2.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building or in an approved outdoor seating area pursuant to subsection 19.02.X; or

3.

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

4.

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

F.

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

Retention basin: A pond, pool, or basin used for the permanent storage of water runoff.

Riding arena: An area enclosed within a building or fence which is intended to be used as a place to ride horses.

Right-of-way: The strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.

Road: Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel, whether designated as a road, avenue, highway, boulevard, drive, lane, place, court, or any similar designation. Various types of roads are defined as follows:

A.

Private road. Any road which is to be privately maintained and has not been accepted for maintenance by the township, Oakland County, the State of Michigan or the federal government, but which meets the requirements of this Ordinance or has been approved as a private road by the township under any prior ordinance.

B.

Public road. Any road or portion of a road which has been dedicated to and accepted for maintenance by the township, Oakland County, State of Michigan or the federal government.

C.

Arterial road. A road which carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the township. An arterial road may also be a major thoroughfare.

D.

Collector road. A road whose principal function is to carry traffic between minor, local, and subcollector roads and an arterial road but may also provide direct access to abutting properties.

E.

Cul-de-sac. A road that terminates in a vehicular turnaround.

F.

Major thoroughfare. An arterial road which is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan. Any road with an existing or proposed right-of-way width of 120 feet, and any road proposed as a major thoroughfare in the master plan shall be considered a major thoroughfare.

G.

Local or minor road. A road whose sole function is to provide access to abutting properties.

H.

Subcollector road. A road whose principal function is to provide access to abutting properties but is designed to be used or is used to connect minor and local roads with collector or arterial roads.

Roadside stand: A farm market use operated for the purpose of seasonally selling agricultural products. A roadside stand may have one temporary building or structure measuring 200 square feet or less or, no buildings or structures.

Roof-mounted energy system: A type of small wind or solar energy conversion system that is mounted on a roof.

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

Rooming house: See Boarding house.

Secondary access drive: A road that is generally parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are separated from the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.

Semi-trailer: A trailer, which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck-tractor or towing vehicle.

Senior housing: A building or group of buildings containing dwellings intended to be occupied by older persons, as defined by the Federal Fair Housing Act. Housing for seniors may include:

A.

Independent living. An unlicensed residential living setting for older persons that may or may not provide hospitality or supportive services. Under this living arrangement, the resident leads an independent lifestyle that requires minimal or no extra assistance.

B.

Dependent living. A licensed multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit may not contain cooking facilities, but must contain sanitary facilities. A facility of this type may be licensed as an adult foster care home or a home for the aged.

C.

Assisted living. A type of home for the aged, which is a special combination of dependent housing, personalized supportive services and health care designed to meet the needs of those who need help with activities of daily living. Services provided in assisted living residences usually include:

•

Three meals a day served in a common dining area;

•

Housekeeping services;

•

Transportation;

•

Assistance with eating, bathing, dressing, toileting and walking;

•

Emergency call systems for each resident's unit;

•

Health promotion and exercise programs;

•

Medication management;

•

Personal laundry services;

•

Social and recreational activities.

D.

Congregate housing. Similar to independent living except that it usually provides convenience or supportive services like meals, housekeeping, and transportation in addition to rental housing. A facility of this type may be licensed as an adult foster care home facility or a home for the aged.

E.

Continuing care. Residential campuses that provide a continuum of care, from assisted living to skilled nursing care, all in one location.

F.

Adult foster care (AFC) facilities. Adult foster care homes are residential settings that provide 24-hour personal care, protection, and supervision for individuals who are developmentally disabled, mentally ill, physically handicapped or aged who cannot live alone but who do not need continuous nursing care. AFC homes are restricted to providing care to no more than 20 adults. Adult foster care homes are regulated under Michigan Public Act 218 of 1979, as amended.

G.

Home for the aged (HFA). A home for the aged provides 24-hour room, board, and supervised personal care to:

•

Twenty-one or more unrelated, nontransient individuals 60 years of age or older.

•

Twenty or fewer individuals 60 years of age or older that is operated in conjunction with and as a distinct part of a licensed nursing home.

Homes for the aged are regulated under Michigan Public Act 368 of 1978, as amended.

H.

Senior apartment. Age-restricted multi-unit independent housing facility for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided.

Service truck: A pick-up truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

Setback: The distance between a front, side or rear lot line or road right-of-way line (based on the Master Right-of-Way Plan for County Road, produced by the Road Commission for Oakland County) and the nearest supporting member of a building or structure on a lot. The minimum required setback is the minimum distance between a front, side or rear lot line or right-of-way line and the nearest supporting member of a building or structure in order to conform to the required yard setback provisions of this Ordinance (see definition of Yard).

Shadow flicker: An intermittent shadow created when rotating wind turbine blades pass between the viewer and the sun.

Shopping center: A grouping of retail businesses and service uses on a single site with common parking facilities.

Sign: Any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of sign includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located. Various types of signs and sign-related terms are defined in section 16.04 of this Ordinance.

Site plan: A plan, prepared to scale, as required in article 5.00 (Site Plan Review), showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Small distiller: An establishment that manufactures not more than 60,000 gallons of spirits annually.

Small wind energy system: A small wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to generate electricity and reduce on-site consumption of utility power.

Small wine maker: An establishment that manufactures or bottles not more than 50,000 gallons of wine in one calendar year. A small wine maker establishment may include a vineyard, orchard, or similar growing area. A small wine maker may include ancillary facilities, such as a tasting room.

Solar energy system: A solar photovoltaic cell, panel, or array that converts solar energy to usable thermal, mechanical, chemical, or electrical energy.

Solar storage battery: A device that stores energy from the sun and makes it available in an electrical form.

Special event: An occurrence or noteworthy happening of seasonal, civic, commerce or church importance, which is organized and sponsored by an individual or business entity or a nonprofit community group, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment or which promotes economic development. Special events typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Special land use: A special land use is a use, either public or private, which possesses unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district or districts.

After due consideration of the impact of any such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land use may be permitted following review an approval, subject to the terms of this Ordinance.

Spirits: Any beverage that contains alcohol by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21 percent by volume, except for sacramental wine and mixed spirit drink.

Stable, private: A private stable is an enclosed building or pasture or combination thereof intended for the keeping of horses for noncommercial recreational farm use. A private stable does not include keeping of horses as part of a commercial farm.

Stable, public: A public stable is an enclosed building or pasture or combination thereof for the keeping of horses, in which the horses are kept for hire.

State licensed residential facility: Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 287 of 1972, Public Act 11 of 1973, or Public Act 218 of 1979. These Acts provide for the following types of residential structures:

A.

Adult foster care facility. A home or facility that provides foster care to adults. Subject to section 26a(1) of Public Act 218 of 1979, an adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include any of the following:

1.

A nursing home licensed under part 217 of the public health code, 1978 PA 368, MCL 333.21701 to 333.21799e.

2.

A home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335.

3.

A hospital licensed under part 215 of the public health code, 1978 PA 368, MCL 333.21501 to 333.21571.

4.

A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of health and human services under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.

5.

A county infirmary operated by a county department of health and human services under section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

6.

A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:

(i)

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

(ii)

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

(iii)

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

(iv)

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

7.

A foster family home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of 1973 PA 116, MCL 722.115.

8.

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

9.

A facility created by 1885 PA 152, MCL 36.1 to 36.12.

10.

An area excluded from the definition of adult foster care facility under section 17(3) of the continuing care community disclosure act, 2014 PA 448, MCL 554.917.

11.

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

B.

Adult foster care family home. A private residence with the approved capacity to receive at least three but not more than six adults to be provided with foster care. The adult foster care family home licensee must be a member of the household and an occupant of the residence. Under Public Act 116 of 1973, a foster family home does not require local zoning approval before being licensed by the department of social services.

C.

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

D.

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

E.

Foster care. The provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

F.

Foster family group home. A private residence that houses more than four but less than seven minor children, up to age 19, under constant care and supervision. Under Public Act 116 of 1973, a foster family group home requires local zoning approval before being licensed by the department of social services.

Story: That portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it (see illustration).

A mezzanine shall be deemed a full story when it covers more than one-third of the area of the story underneath, or if the vertical distance from the floor next below the mezzanine to the floor above it is 24 feet or more.

A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.

Story, half: The uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 160 square feet with a minimum clear height of seven feet, six inches.

Street: See Road.

Street lot line: A dividing line between the street and a lot, also known as the right-of-way line.

Structural addition: Any alteration that changes the location of the exterior walls or area of a building.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennae, swimming pools, and signs.

Structure, enclosed accessory: Any accessory structure that has or is designed to accommodate a roof, walls, and doors and windows that close. Examples of enclosed accessory structures include sheds, barns, garages, three-season rooms, greenhouses, and atriums.

Subdivision plat: The division of a tract of land for the purpose of sale or building development, in accordance with the Land Division Act, as amended, and the Lyon Township Subdivision Ordinance, as amended.

Swimming pool: Shall mean any permanent, nonportable structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

Temporary use or building: Shall mean a use or building permitted to exist for a limited period of time under conditions and procedures as provided for in this Ordinance.

Theater: An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.

Thoroughfare: See Road.

Tower-mounted small wind energy system: A small wind energy conversion system that is mounted on a freestanding or guyed tower attached to the ground, and not attached to any other permanent or temporary structure.

Township: The Charter Township of Lyon, Oakland County, Michigan.

Township board: The Board of Trustees of the Charter Township of Lyon, Oakland County, Michigan.

Toxic or hazardous waste: Waste or a combination of waste and other discarded material (including, but not limited to, solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

A.

An increase in mortality; or

B.

An increase in serious irreversible illness; or

C.

Serious incapacitating, but reversible illness; or

D.

Substantial present or potential hazard to human health or the environment.

Transition zone: A transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.

Truck terminal: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

Usable marijuana: The dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

Underlying zoning: The zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel planned development.

Usable marijuana: The dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

Use: The purpose for which land, lots, or buildings thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

A.

Use, accessory. See Accessory use, building, or structure.

B.

Use, conditional. See Conditional use.

C.

Use, permitted. A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations and standards of such district.

D.

Use, principal. The principal use is the main use of land and buildings and the main purpose for which land and buildings exist.

E.

Use, special land. See Special use.

Utility pole: A pole or similar structure that is or may be used in whole or in part for cable, wireline, or wireless communications service, electric distribution, lighting, traffic control, signage, or a similar function.

Utility trailer: A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.

Value-added agricultural product: The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, washing, cleaning, grading, sorting, pitting, pressing, fermenting, distilling, cooling, storage, canning, drying, freezing, or otherwise preparing the product for sale. These activities can be used to extend a farm market's marketing season beyond its production season.

Variance: A modification of the literal provisions of this Zoning Ordinance granted by the zoning board of appeals when strict enforcement of this Zoning Ordinance would cause practical difficulties or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted.

Vehicle: Vehicle shall have the meaning ascribed to it in the Michigan Vehicle Code, Public Act 300 of 1949, as amended.

Vehicle repair: Minor or major repair of vehicles is defined as follows:

A.

Minor vehicle repair: Engine tune-ups; servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repair activities that do not require any significant disassembly or any storing of vehicles on the premises overnight.

B.

Major vehicle repair: Engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service; steam cleaning; undercoating and rust-proofing; painting; welding; and similar services that normally require significant disassembly and possible storage of vehicles on the premises overnight.

Veterinary hospital: See, Clinic, veterinary.

Wall, obscuring: Shall mean a structure of definite height and location to serve as an opaque screen in carrying out the requirements of this Ordinance.

Warehouse: A building used primarily for storage of goods and materials. See also Distribution center.

Watercourse shall mean any waterway including a river, stream, lake, pond or any body of surface water having definite banks, a bed and visible evidence of a continued flow or continued occurrence of water. A watercourse may or may not be serving as a drain as defined by Act 40 of the Public Acts of 1956, as amended. A watercourse does not include a retention or detention pond constructed as a landscape feature or for the purposes of stormwater management.

Wetland shall mean land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp or marsh.

BASIC STRUCTRAL TERMS

BASEMENT AND STORY

Wholesale sales: The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.

Wireless communication facility: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are: Citizen band radio facilities; short-wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal laws or regulations which preempt municipal regulatory authority.

Wireless communication support structures: Structures erected or modified to support wireless communication antennas, including but not limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

Wireless equipment: The equipment and components, including attached wireless communications facilities, cellular antennae, transmitters, receivers, equipment shelters or cabinets, regular and backup power supply including emergency generators, and power supply, coaxial and fiber optic cables used in the provision of wireless services, but excluding wireless support structures.

Yard: An open space on the same lot with a building, unoccupied from the ground upward, except as otherwise permitted in this Ordinance. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this Ordinance (see illustrations).

A.

Yard, front. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or planned right-of-way line (where identified on the Master Right-of Way Plan for County Road, produced by the Road Commission for Oakland County) and the nearest line of a building or structure. Unless otherwise specified, on corner lots and through lots there shall be maintained a front yard along each street frontage.

B.

Yard, rear. An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.

C.

Yard, side. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point of the principal building.

Zoning administrator: The zoning administrator is the person designated by the township board to administer this Zoning Ordinance on a day-to-day basis, including, but not limited to, processing applications, maintaining the minutes of the planning commission, sending notices of public hearings, and similar work.

YARD TERMS

YARDS

(Ord. No. 122A-08, pt. II(Exh. A), 4-7-2008; Ord. No. 01-12, pt. 2, 2-6-2012; Ord. No. 09-12, pt. 2(exh. A), 11-5-2012; Ord. No. 03-13, pt. 2, 10-7-2013; Ord. No. 04-13, pt. 2, 11-4-2013; Ord. No. 05-13, pt. 2, 11-4-2013; Ord. No. 07-13, pt. 2, 11-4-2013; Ord. No. 10-14, pt. 2, 9-2-2014; Ord. No. 08-15, pt. 2, 6-1-2015; Ord. No. 15-15, pts. 2, 3, 10-5-2015; Ord. No. 03-16, pt. 2, 3-9-2016; Ord. No. 10-16, pt. 2, 11-9-2016; Ord. No. 07-17, § 1, 12-4-2017; Ord. No. 193-18, §§ 1, 2, 5-7-2018; Ord. No. 195-18, § 1, 6-4-2018; Ord. No. 200-18, § 1, 9-4-2018; Ord. No. 02-19, § 1, 3-4-2019; Ord. No. 12-20, § 1, 1-4-2021; Ord. No. 08-22, § 1, 9-6-2022; Ord. No. 11-22, § 1, 11-6-2022; Ord. No. 13-22, §§ 1, 2, 11-1-2022; Ord. No. 03-23, § 1, 7-5-2023; Ord. No. 01-24, § 1, 3-4-2024)