The key words used in sections and articles as headings are inserted herein for convenience and to facilitate the use of this Ordinance and they shall not be construed to limit or affect the meaning of any of the provisions.

The words and phrases defined in this Article, when used in this Ordinance, shall, for the purpose of this Ordinance, have the meanings ascribed to them in this Article, except in those cases where the content clearly indicates a different meaning. Words used in the present tense include the future tense: the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory and not merely directory.

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

Accessory Building. A subordinate building or structure on the same lot, or part of the main building, occupied by or devoted exclusively to an accessory use. An accessory use, building or structure shall not be allowed without the initial construction of a principle building or use. An accessory use or building shall not be allowed as the only use on the property.

Accessory use. A use naturally and normally incidental to, subordinate to, and auxiliary to the permitted use of the premises.

Adult arcade. An establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors or similar machines for viewing by five (5) or fewer persons. Each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult book store or video store. An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas: or 2) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult cabaret. A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult merchandise store. A commercial establishment having a substantial or significant portion of its stock in magazines, periodicals, books, photographs, videotapes, films, objects or other visual representations which depict, describe or portray "specified sexual activities" or "specified anatomical areas" as defined herein.

Adult motion picture theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown. And in which a substantial portion of the total presentation time devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult peep show. A means of entertainment provided within an adult business that is characterized by one of the following: A coin or token operated machine where someone may view a motion picture film which depicts, describes or portrays "specified sexual activities" or "specified anatomical areas" as defined herein. A booth or other such constructed area where an individual may, for the payment of a fee, view a motion picture film, videotape recording or live entertainment which depicts, describes or portrays "specified sexual activities" or "specified anatomical areas" as defined herein.

Agriculture. The art of science or cultivating the ground: the production of crops or livestock on a farm; but excluding agricultural business or industry such as public riding or boarding stables, farms used for disposal of garbage, sewage, rubbish, or offal and the slaughtering of animals except animals raised on the premises for use and consumption by persons residing on the premises.

Agricultural land. Substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.

Airport. An airport licensed by Michigan Department of Transportation, Bureau of Aeronautics under Section 86 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.86.

Airport approach plan and airport layout plan. A plan, or an amendment to a plan, filed with the zoning commission under Section 151 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.151.

Airport manager. That term as defined in Section 10 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.10.

Airport zoning regulations. Airport zoning regulations under the Airport Zoning Act, 1950 (Ex Sess) PA 23, MCL 259.431 to 259.465, for an airport hazard area that lies in whole or part in the area affected by a zoning ordinance under this act.

Alley. Any dedicated public way providing a secondary means of ingress and egress to land or structure thereon.

Alteration. Any change, addition or modification in construction or occupancy of an existing structure.

Amusement machine or device. A coin or currency-operated amusement machine or device shall mean a ski-ball machine, air-hockey machine, pinball machine, video game or any other similar machine, instrument or contrivance which may be operated or set in motion upon the insertion of a coin or currency or under normal use is designed to have a coin or currency. The term "amusement machine or device" shall include devices for which a flat rate is charged in lieu of said coin or currency.

Amusement machine center. Amusement machine center means the commercial establishment where five (5) or more amusement machines, not including music vending machines or juke boxes, are available on the premises for operation by the public.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

Apartment building. A building containing two (2) or more dwelling units whose entrances are from a common hallway or series of hallways.

Area, floor. Floor area shall constitute the total floor area occupied by a use and measure to include all space used primarily or incidentally for such use.

Area, sales. Sales area shall only include that area customarily open and accessible to the public.

Atrium. An open are within an office or commercial building used as a formal entry or courtyard within the footprint of the primary structure. An atrium occupies the space from the first floor to the top of the building and is designed to serve the entire building and not subject to division into separate tenants spaces for sales, dining or office use. The ceiling enclosure for the atrium shall also serve as the roof for that part of the primary structure. Further, to receive credit under subsection 10.0323 A. 9. b. of this Code, the atrium area may not contain any permanent or temporary work stations expect for a reception desk. There shall be no sales or dining areas or individual tables, kiosks, booths, stalls or similar installations or any type of defined area for the sale of merchandise or services.

Automobile repair garage. A building or premises where the following services may be carried out in a completely enclosed building: major repairs, including, but not limited to, engine rebuilding and the rebuilding of motor vehicles; application of paint preservation materials; radiator repair and replacement; transmission repair and replacement; automobile and van customizing; collision service, such as body, frame or fender straightening and repair; and the painting and rustproofing of automobiles. Automobile repair garages may also include facilities and/or equipment allowing for the repair of other motor vehicles including trucks, recreational vehicles, vans and buses, among others.

Automobile service center. A building or premises used primarily for the sale and installation of major automobile accessories including but not limited to tires, batteries, radios, electronic devices, air conditioners, windows and mufflers, plus such services as brake repair and adjustment, shock absorber installation and repair wheel alignment and balancing, oil changes and lubrication, tune-ups, exterior reconditioning (excluding paint or painting and major mechanical work) and vehicle inspection pollution compliance facilities, but excluding any major mechanical repairs, collision work, undercoating or painting, sale of gasoline and other fuels for the propulsion of motor vehicles (stored only in underground tanks) and the retail sale of oil and other automotive products shall not be the primary use of the premises. The primary use of the premises shall be devoted to one or more of the listed service activities.

Automobile wrecking yard. The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence of any lot or parcel of land of two (2) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of any automobile wrecking yard.

Awning. A metal, wooden, fiberglass, canvas or other fire retardant fabric cover which extends over a porch, patio, deck, balcony, window, door or open space.

Bakery. A facility where baked goods are manufactured and/or displayed primarily for retail sales on premises. This establishment may include an area for consumption within the building, provided that it is not the primary use of the premises and does not exceed twenty-five (25) per cent of the public area.

Bar and/or cocktail lounge. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than twenty-five (25) percent of the gross receipts.

Barn. A detached accessory building to be used for the storage and keeping of farm and agricultural equipment and garden supplies and equipment, used in conjunction with an agricultural use located on the premises.

Basement. That portion of a building which is wholly of partly below the average grade of the ground level adjoining the building is a basement when the height from the grade up to the first floor tier of floor beams or joists is less than the height from the grade level down to the floor; provided, however, that if the height from the grade level to the first tier of floor beams or joists is five (5) feet or more, such basement shall be considered a story.

Berm. A mound of soil or earth that has been graded, shaped and improved with sod or landscaping in such a fashion as to be utilized for screening purposes.

Billboard. A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

Block face. A block face is defined as and consists of those properties fronting along an existing right-of-way and located between the intersections of existing streets, or between intersections and dividers such as rivers, railroads, and other similar natural or man-made features.

Board of Zoning Appeals. The Board of Zoning Appeals, consisting of five (5) members, as provide under provisions of the Township Rural Zoning Act, being Act No. 184, Public Acts of 1943, as amended, and as modified by the Township Planning Commission Act, being Act No. 168, Public Acts of 1959, as amended, with powers and duties as defined in these statutes, except as modified herein, and referred to alternatively as the Board.

Boarding house. A building other than a hotel, where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons.

Borrow pit. Any area where earth excavation, deeper than two (2) feet from existing grade is "borrowed" for use as fill material at another location within, or outside of the subject land development.

Building. A structure having a roof supported by columns or walls, either permanent or temporary, located on a parcel of property, either above or below grade, which is designed primarily for the shelter or enclosure of persons, animals or property of any kind and includes those erected or constructed on site, mobile homes, pre-built modular units and pre-manufactured or pre-cut structures to be assembled on site.

Building height. The vertical distance measured from the ground level adjoining the building to the highest point of the roof surface if a flat roof, to the deck line of mansard roofs, and to mean height level between eaves and ridge of gable, hip and gambrel roofs. (See appendix for Building Height and Structural Terms.)

Building, Main or principal. The main structure devoted to the principal site use.

Building, Multi-family. A building containing two (2) or more dwelling units, the term includes apartments, townhouses, multiplexes and the like, for the purpose of these regulations. Regardless of how units are equipped, any structure in which dwelling units are available for rental periods of less than one (1) week shall be considered a hotel or motel, not a multi-family dwelling.

Building, Multiplex. A building designed exclusively for occupancy by two (2) or more families, living independently of each other with at least one (1) main entrance directly from the outside for each living unit.

Building, one-family detached. A one-family dwelling entirely separated from structures on adjacent lots.

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

Building, townhouse. A building occupied by two (2) or more families, where each dwelling unit is divided from the one adjacent to it by a party wall extending the full height of the building, each dwelling unit is capable of individual use and maintenance without trespassing upon adjoining properties and utilities and service facilities are independent for each property.

Building line. The front line of the building or legally established line which determines the location of the building with respect to yard requirements.

Building Official. Director of the Macomb Township Building Department.

Building or zoning permit. An authorization issued by the Township Building Official to move, erect, alter or locate a structure within the Township.

Cabaret. An establishment which features topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male and female impersonators or similar entertainers.

Campground. An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

Canopy. A roof-like structure providing shelter to a public access area, which is either freestanding or projected from a building and is supported by structural members. A canopy may be constructed of metal, wood or any approved fire retardant material such as cloth, canvas, fabric, plastic or any light flexible material which is attached to or constructed on a canopy.

Carport. An accessory structure permanently attached to a dwelling having a roof supported by columns, but not otherwise enclosed.

Car wash, automatic drive-through. An automatic drive-through is defined as an auto wash where the person drives the auto through the wash and machines clean the auto.

Car wash, automatic mechanical. An automatic mechanical is defined as an auto wash where the auto is attached to a conveyor and proceeds through the line and is washed by machines and people.

Car wash, self-service. A coin-operated self-service auto wash is defined as an auto wash where a person washes the auto himself after depositing a coin in a machine for the use of water.

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Certificate of Zoning Compliance. An authorization issued by the Building Official based upon the submittal to, and review and recommendation of the Planning Commission allowing the use or reuse of a parcel or building. In considering the authorization, the Planning Commission shall review the site plan for compliance with the Zoning Ordinance including parking requirements, setbacks, driveways and signs.

Child care center. Child care center shall mean a facility other than a private residence, receiving one or more preschool or school age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. The facility is generally described as a day care center, day nursery, nursery school, parent cooperative, preschool or play group. Child care center does not include Sunday School, a class that is conducted by a religious organization, provided further that such establishment is licensed by the State of Michigan in accordance with Act 116 of the Public Acts of 1973, as amended.

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

Clear-cutting. The indiscriminate removal of trees, shrubs or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations.

Clinic, medical. A clinic, for the purpose of this Ordinance, is a public or proprietary institution providing diagnostic, therapeutic, or preventative treatment for ambulatory patients by a group of doctors acting conjointly and in the same building for the purpose aforesaid.

Clinic, veterinary. A place for the care, diagnosis and treatment of animals. A clinic may incorporate customary laboratories, pharmacies, and other facilities and services incidentally necessary to the operation of the clinic.

Club. An organization of persons for special purposes or for the promulgation of sports, arts, literature, politics or the like but not operated for profit, excluding churches, synagogues or other houses of worship.

Collocate means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.

Commercial vehicle or trailer. Any wheeled vehicle that is either available for hire or used as part of or in connection with a non-agricultural business or industry. (The distinction between motor vehicle and trailer shall be that motor vehicles are self-propelled while trailers are dependent upon a separate and independent power source for their movement.)

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

Community development plan or general plan. The Comprehensive Community Plan for the Township of Macomb dated July 17, 1973, and as updated and revised on August 30, 1988, October of 1994 as amended.

Compost. An organic soil conditioner that has been stabilized to a humus-like product, that is free of viable human and plant pathogens and plant seeds that does not attract insects or vectors, that can be handled and stored without nuisance, and that is beneficial to the growth of plants.

Composting. A method of changing organic matter such as leaves, grass clippings, vegetables, fruits, egg shells, coffee grounds, wood ashes, etc., but not including cooked food or animal fats by a natural process of decaying into humus.

Composting, private. Composting of organic matter generated within the limits of the property in question for reuse within the property.

Composting, public or commercial. The process of composting for a fee or profit and/or where organic matter is received from outside the limits of the property for purposes of composting.

Condominium Act. Act 59 of 1978, as amended.

Condominium unit. That portion of a condominium subdivision designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed. A condominium unit is not a lot or a parcel as those terms are used in this ordinance.

Congregate housing. A structure containing two (2) or more dwelling units and rooming units limited in occupancy and occupied by persons sixty-two (62) years and older, their spouses or surviving spouses, except for rooms or units occupied by resident staff personnel, providing indoor, conveniently located, shared food preparation service and major dining areas and common recreation, social and service facilities for the exclusive use of all residents.

Conservation easement. That term as defined in Section 2140 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.2140.

Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

a.

Consumer fireworks retail sales (CFRS) area. The portion of a consumer firework retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public.

b.

Consumer fireworks retail sales facility (CFRS facility). A permanent or temporary building or structure, CFRS stand, tent or canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.

c.

Retailer means a person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.

d.

Retail location means a facility listed under NFPA 1124, 7.1.2.

e.

Warehouse means a permanent building or structure used primarily for the storage of consumer fireworks or low-impact fireworks.

Convalescent, nursing home or foster care home. A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and/or medical care.

Convenience store. Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than five thousand (5,000) square feet.

Corral or barnyard. A pen or enclosure for confining animals or livestock, not an area for grazing of such.

Crop acre. The net area of farm land used for the growing of farm products may also be referred to as "crop land".

Crop year. The crop grown on a farm within one growing season.

Cul-de-sac. A street terminated at one end, with a turning radius.

Degradable material. Refuse that breaks down through a process that increasingly reduces particle size through action of ultraviolet light or living organisms.

Density. Number of dwelling units per gross acre excluding public road right-of-way as determined by the master thoroughfare plan.

Development. The division of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining; excavation, landfill or land disturbance; and any use or extension of the use of land.

Development rights. The rights to develop land to the maximum intensity of development authorized by law.

District. Any section of the unincorporated part of the Township of Macomb for which the regulation governing the use of buildings and land or the height and area of building are uniform.

Dormitory. A building used as group living quarters for a student body, religious order or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp or other similar use. Dormitories do not include kitchen facilities, except a group kitchen facility to serve all residents.

Driveway. A driveway is a paved area designed to connect a street, either public or private, to a parking facility. The parking facility may be for one (1) or more cars or for one (1) or more cars in a garage. A driveway that provides access to an adjoining parcel may not be utilized as a maneuvering lane except as provided herein.

Drive-in facility. An establishment that, by design of physical facilities or by service or packaging procedures, encourage or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

Drive-through service. The sale of any item or the processing of a financial transaction or any other service regulated by this article at a specially designated window on the outside of a building. The window enables the customer to receive the product or service from a driveway or lane dedicated exclusively for vehicles receiving the product or service. The customer is expected to remain in the vehicle and immediately drive away from the window upon completing the transaction.

Dwelling. A dwelling is a building or portion thereof which is occupied wholly as the home, residence or sleeping place of one or more human beings, either permanently or transiently and in compliance with all provisions of Section 10.0332 of this Ordinance. In case of mixed occupancy where a building is occupied in part as a dwelling the part so occupied shall be deemed a dwelling for the purpose of this Ordinance and shall comply with the provisions thereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed a part of a dwelling. In no case shall a travel trailer, automobile, truck chassis or tent be considered a dwelling.

Dwelling, multiple family. A building designed and arranged as a dwelling pursuant to this Ordinance containing two (2) or more dwelling units and conforming in all other respects to the standards set forth in Section 10.0332.

Dwelling, one-family. A building designed and arranged as a dwelling pursuant to this Ordinance and containing one dwelling unit for one (1) family only and in compliance with all provisions of Section 10.0332 of this Ordinance.

Dwelling, seasonal. A dwelling not used for permanent residence and not occupied for more than six (6) months in each year.

Dwelling unit. Rooms within a dwelling connected together, constituting separate, independent living quarters for one (1) household, physically separated from any other rooms or dwelling units that may be in the same building and containing permanent provisions for its own independent bathroom, sleeping and kitchen facilities.

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

Emergency shelter/mission. A nonprofit, charitable or religious organization providing boarding and/or lodging and ancillary services on its premises to primarily indigent, needy, homeless or transient persons.

Employee load factor. Employee load factor is that number equal to the maximum number of employees that can be employed at any one time in a particular structure or parcel of land and refers to the number of parking spaces required.

Equipment compound means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

Equipment shelter. A fixed in place enclosure on a parcel used exclusively to house wireless communications equipment to service a wireless communications support structure regulated under the Federal Telecommunication Act of 1996. Said enclosure is within the equipment compound containing the wireless communications support structure to be regulated under the provisions of this Zoning Ordinance.

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

Escort services. An establishment which provides the services of escorting persons for payment of a fee.

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

Family. One (1) or more persons living together and using the same housekeeping facilities.

Family day-care home and group day-care home. Those terms as defined in Section 1 of 1973 PA 116, MCL 722.111, and only apply to the bona fide private residence of the operator of the family or group day-care home.

Farm. The land, buildings, and machinery used in the commercial production of farm products.

Farm produce sales. Farm produce sales refers to the sale of goods and/or products to be sold on a farm as defined in this Ordinance and subject to the regulations as outlined in Section 10.0333 of this Ordinance.

Farm products. Those 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, or any other product which incorporates the use of food, feed, fiber, or fur.

Feedlot. Feedlots shall be construed to be any facility or enclosed area where farm animals are fed and maintained for more than four (4) hours out of twenty-four (24) hours at a density greater than four (4) heads per acre for cattle, ten (10) heads per acre for small animals, or more than thirty (30) fowls per acre.

Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen area of land.

First floor area. The area included within the outside lines of the exterior walls of the main structure at the ground floor level, not including garages, carports, breezeways, enclosed or unenclosed porches, and not including attached utility or accessory rooms having three or more exterior sides.

Flea market. An occasion or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used for sale to the public, not to include private garage sales.

Flood Insurance Study. Means the official report provided by the federal insurance administration that includes flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood.

Flood plain. Lands which are subject to periodic flooding and have been defined by the U.S. Department of Army, Corps of Engineers, or as defined by any technically qualified engineer and accepted by the Township Board as such a flood plain.

Floor area, gross. The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Floor area, livable. Livable floor area shall be the enclosed space arranged for living, eating or sleeping purposes, (not including partitions, closet space, storage space, bath or toilet room, pantries, laundries, foyers or communication corridors or cellar recreation rooms) which is provided with approved means of light and ventilation, with an unobstructed height of not less than seven and one-half (7½) feet, and no room with a minimum dimension of less than seven (7) feet and a minimum area of not less than eighty (80) square feet between enclosing walls or partitions; and further, that an attic room need be but seven and one-half (7½) feet in height in but one-half of its area, provided that such rooms shall have a floor area of not less than one hundred (100) square feet and is at no point less than five (5) feet in height.

Frontage. The total dimension of any portion of a parcel which abuts an existing public road right-of-way. For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided, as indicated, under yards in this section.

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

Garage, private. An accessory building, attached or detached, designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public. Any premises used for the storage or care of motor driven vehicles, or place where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.

Grade, finish.

A.

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of all walls adjoining the street, in the absence of a sidewalk, the finished grade around a building shall be at such elevation which will provide a slope away from the building of at least one (1) foot and not more than 1.67 feet within the first twenty-five (25) feet.

B.

For buildings having walls adjoining more than one (1) street, the average of the elevations of the sidewalk at the center of the walls adjoining the streets.

C.

For buildings having no walls adjoining the street the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

Greenway. A contiguous or linear open space, including habitats, wildlife corridors, and trails, that links parks, nature reserves, cultural features, or historic sites with each other, for recreation and conservation purposes.

Greenbelt.

An eight-foot greenbelt shall be a solid planting strip, eight (8) feet wide, composed of evergreen trees, spaced not more than twenty (20) feet apart and not more than one (1) row of evergreen shrub spaced not more than five (5) feet apart and which are at least five (5) feet more in height after one (1) full growth season after planting.

A twenty-foot greenbelt shall be a planting strip, twenty (20) feet wide, composed of two (2) rows of evergreen trees, spaced alternately at not more than twenty (20) feet apart and not less than three (3) rows of evergreen shrubs, spaced at not more than eight (8) feet apart and which are at least five (5) feet or more in height after one (1) full growing season after planting, and which shrubs will eventually grow to a height of not less than twelve (12) feet at maturity. (See appendix for Greenbelt Specifications.)

Hazardous uses. All uses which involve the storage, sale, manufacture or processing of materials which are risky and combustible and are likely to burn with moderate rapidity and with a considerable volume of smoke, but from which neither poisonous fumes nor explosions are to be anticipated in the event of fire, and as listed by the Basic Building Code 1954 amended edition prepared by the Building Official Conference of America, Inc.

Health club. Health club means, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments.

Health/recreation facility. An indoor facility including uses such as game courts, exercise equipment, locker rooms, jacuzzi, and/or sauna and pro shop.

Height. The vertical distance to the highest point of the roof for flat roofs: to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front lot line or from the grade in all other cases. (See appendix for Building Heights and Structural Terms.)

Heliport. Any landing area used by helicopter which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service, storage, tie-down areas, hangers and other necessary buildings and open spaces.

Home occupation. An activity carried on by an occupant of the dwelling unit provided that it is incidental and secondary to the use of the dwelling unit for residential purposes, including use of a single-family residence by an occupant of that residence to give instructions in craft or fine arts within the residence.

Housing for Older Persons means housing: (a) provided under any state or federal program specifically designed and operated to assist elderly persons; (b) intended for and solely occupied by persons sixty-two (62) years of age or older; or (c) intended and operated for occupancy by persons fifty-five (55) years of age or older and at least eighty (80) percent of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older and otherwise complies with the provisions of the Fair Housing Act; and which intent to restrict leasing to those age fifty-five (55) or older, and that provides services specifically designed to meet the needs of older persons, undertake regular social events, have a congregate dining facility, provide health facilities, and which buildings are designed for ease of access for the elderly or handicapped, including emergency notification systems. Housing for older persons may include any of the following: independent elderly housing, assisted elderly housing, continuing care retirement communities or congregate elderly housing, but shall not include nursing homes outside of a continuing care retirement community, hospitals, hotels, motels, tourist homes or rooming homes.

(a)

Independent Housing. Attached or detached dwellings (apartment, townhouse or single-family structures) occupied by elderly persons in good health who desire and are capable of maintaining self-sufficient households as part of a planned development and provided with qualified management services, such as security, housekeeping, and recreational and social activities, to maintain the premises.

(b)

Assisted Living. Residences for the frail elderly that provide 24-hour supervision and are designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, nursing services and limited medical care, transportation and other support services, where needed. Dementia units shall not comprise more than twenty-five (25) percent of the total living units within an 'assisted living' development.

(c)

Continuing Care Retirement Community. A "Continuing Care Retirement Community" is a "Housing For Older Persons" development that provides a combination of care levels including a minimum of any two (2) of the following: "Independent Living", "Assisted Living", or "Skilled Nursing Facility". However, the total number of "Skilled Nursing" and dementia beds shall not exceed fifty (50) percent of the total number of "living" units within a Continuing Care Retirement Community.

(d)

Skilled Nursing Facility. A special level of care provided as part of a "Continuing Care Retirement Community" that offers care to older persons who required constant, 24-hour, supervisory nursing care in a controlled institutional setting. Living spaces include wide halls to accommodate beds, handrails, and nursing stations. Assistance with activities of daily living are provided including bathing, dressing, grooming, toilet assistance, housekeeping, medication management, meal preparation and transportation. Skilled care encompasses nursing care and related services for those who need medical or nursing care or rehabilitative therapy services for the injured, disabled or for severe medical needs.

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

Hotel. A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms, with single rooms occupied for hire, in which provision is not made for cooking or any individual plan and in which there are more than ten (10) sleeping rooms, a public dining room for the accommodation of at least twenty (20) guests and general kitchen.

Improvements. Those features and actions associated with a project that are considered necessary to protect natural resources or the health, safety, and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project that is the subject of the zoning approval.

Inorganic matter. Rock, metal, mineral, or other material not containing carbon, living or organic matter.

Intensity of development. The height, bulk, area, density, setback, use, and other similar characteristics of development.

Junk. Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic cordage, building materials or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

Junkyard. An open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed or handled. Material shall include but are not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. An automobile wrecking yard is also considered a junkyard.

Kennel. Any building or buildings or land designed or arranged as a separate structure on a residentially zoned or occupied property for the housing of privately owned pets, for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting or as pets.

Kennel, commercial. An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Kennel, private. Any building or buildings or land designed or arranged as a separate structure on a residentially zoned or occupied property for the housing of privately owned pets, for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting or as pets.

Land Division Act. Public Act 288 of 1967, as amended, formally known as the Subdivision Control Act.

Landfill. An orderly deposit of approved materials for the purpose of elevating the grade to develop the site for use.

Laundry, self-service. A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

Legislative body. Refers to the board of trustees of the township.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

Local unit of government. The township.

Lodging house. A building where lodging is provided for three (3) or more persons, in addition to those rooms used by members of the family.

Lot. A parcel of land occupied or intended to be occupied, by a building and its accessory buildings, or by group dwellings and their accessory buildings, together with such open spaces as are required. Having at least the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on a public street or public way. (See appendix for Description of lots and yards.)

Lot, corner. A lot of which at least two adjacent sides abut upon a street or proposed road as defined by the Master Thoroughfare Plan. (See appendix for Description of lots and yards.)

Lot coverage. The part or percentage of the lot occupied by buildings or structures, including accessory building or structures. (See appendix for Description of lots and yards.)

Lot, Double Frontage. An interior lot having frontage on two (2) parallel or approximately parallel streets. (See appendix for Description of lots and yards.)

Lot, interior. An interior lot is a lot other than a corner lot. (See appendix for Description of lots and yards.)

Lot area. The total horizontal area within the lot lines of a lot, excluding existing public road right-of-way or future right-of-way as defined by the Township's Master Thoroughfare Plan.

Lot line, front. In the case of a lot abutting upon one (1) street, the front lot line is the line separating such lot from such street. In the case of a corner lot, the shortest line shall be considered to be the front lot line. The front lot line is defined as the lot line fronting on the street or road. In the case of a corner or parcels with more than one (1) street frontage the front lot line is the lot line with the shortest dimension on a street. (See appendix for Description of lots and yards.)

Lot line, rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front line, not less than ten (10) feet long, lying most distant from the front lot line and wholly within the lot. (See appendix for Description of lots and yards.)

Lot line, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line. (See appendix for Description of lots and yards.)

Lot of record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Macomb County, or a lot described by a metes and bounds, the deeds to which have been recorded in the office of the Register of Deeds of Macomb County.

Maneuvering lane. A paved area or aisle located in an off-street parking area that provides direct access into a parking space and further serves as access from a driveway or to other driveways on-site or off-site from the required off-street parking.

Massage. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice.

Massage parlor. An establishment where, for any form of consideration, massage, alcohol rub, fermentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state, this definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Master land use plan. The long range land use plan adopted by Macomb Township on July 17, 1972, and amended on November 1, 1988, and further updated in October of 1994.

Master thoroughfare plan. A master road plan adopted by the Township as a part of its master land use plan.

Mobile home. A mobile home or trailer coach refers to any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such and shall include self-propelled and non-self-propelled vehicles so designed, constructed and reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one (1) or more persons having no foundation other than wheels and jacks.

Mobile home, occupied. An occupied mobile home or trailer coach refers to any mobile home or trailer coach located on site within the mobile home park when such mobile home is connected to any park facility such as a sewage collection system, water or electrical distribution system.

Mobile home park. A mobile home or trailer coach park refers to any site, lot, field or tract of land upon which two (2) or more occupied mobile homes or trailer coaches are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home or trailer coach park.

Motel or motor court. A motel or motor court is a business comprising of a living unit or a group of living units so arranged as to furnish overnight accommodations and catering primarily to transient guests.

Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing is permitted and includes the term "cabaret".

Non-conforming building. Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being put.

Non-conforming lot. A lot with dimensions with conflict with the provisions of this Ordinance.

Non-conforming structure. A structure conflicting with the regulations of the district in which it is located.

Non-conforming use. A use of land or a structure for purposes which conflict with the provisions of this Ordinance.

Nude body painting or modeling studio. An establishment which provides the services of body painting or nude photography of the human body or (as defined below) are offered for observation of the patrons therein.

Nuisance. Any act or acts or omission to act on part of any person which creates or permits the existence of a situation which annoys, injures or endangers the peace, welfare, order, health or safety of the public in their person or property. A nuisance includes but is not limited to conditions which render persons insecure in life or in the use and enjoyment of their property, such as, effects and emanations from noise, glare, lights, vibration, dust, smoke, odor, gas, steam, fly-ash, soot, acids, chemicals, fumes, cinders, worms, insects, rodents, flies, decaying matter, whether such effects and emanations are natural or result from human or mechanical alteration or manipulation of materials. A nuisance also includes residues or leaching from deposits of matter which seep into water on the surface or in the ground thereby making it unfit or unpalatable for human consumption, or for use by domestic animals. A nuisance includes a condition which is indecent, obnoxious or offensive to the senses.

Nursing home. A home for the care of the aged, infirm or those suffering from bodily disorders, wherein two (2) or more persons are housed or lodged and furnished with nursing care.

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

Open air business uses. Open air business uses shall include the following uses when the area set aside for outdoor display and or sales is equal to or greater than one-half the gross floor area of the principal building on the site. Greenhouses shall not be considered as principal buildings.

1.

Retail sales of fruit, vegetables, and perishable foods not including farm produce sales as regulated pursuant to section 10.0333.

2.

Retail sale of trees, shrubbery, flowers and seed not including farm produce sales as regulated pursuant to section 10.0333; topsoil, humus, fertilizer, trellises, lawn furniture, and other garden supplies and equipment.

3.

Mobile home, motor home vehicle, farm implements, boats, trailers or home equipment sale or rental services.

4.

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

Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes, open space may include, but is not limited to: lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, woods areas and water courses, open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel.

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

Organic matter. Pertaining to or deriving from living organisms; containing carbon compounds.

Other eligible land means land that has a common property line with agricultural land from which development rights have been purchased and is not divided from that agricultural land by a state or federal limited access highway.

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

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

Parcel area (acreage). The total horizontal area within the acreage area of the parcels excluding existing public right-of-way or future public right-of-way as defined in the master thoroughfare plan.

Park. Any public or private land available for recreational, educational, cultural or aesthetic use.

Parking space, off-street. For the purposes of this Code an off-street parking space shall consist of a space adequate for parking an automobile, with room for opening doors on both sides, together with properly related access directly from a maneuvering lane, and located on a lot with the land use to which it is related.

Pedestrian pathway. An eight-foot wide asphalt paved, non-motorized pathway for pedestrian use which shall be required along all major roads.

Planned unit development. An integrated and coordinated development of various residential land uses, with or without retail stores, service stations, drug stores, personal service offices, and restaurants, but excluding any manufacturing or wholesale activity, and developed in accordance with the conditions as prescribed under provisions of this Ordinance. The plan must be developed in accordance with the conditions as prescribed under provisions of this ordinance.

Population. The population according to the most recent federal decennial census or according to a special census conducted under Section 7 of the Glenn Steil State Revenue Sharing Act of 1971, 1971 PA 140, MCL 141.907, whichever is the more recent.

Premanufactured unit. An assembly of materials or products intended to comprise all, or part of, a building or structure, and which is assembled at other than the final location of the unit by a repetitive process under circumstances intended to insure uniformity of quality and material content.

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

Public utility. A public utility is a person, firm, corporation, municipal development or board duly authorized to furnish, and furnishing to the public, under federal, state, or municipal regulations, electricity, gas, steam, communications, telegraph, transportation or water.

Public utility buildings. Telephone exchange buildings, transformer stations and substations and gas regulator stations and similar public utility structures.

Recreational vehicle. A recreational vehicle is a vehicle designed and constructed for recreational purposes and which may permit occupancy within it as a dwelling or sleeping place, such as, but not limited to motor homes, campers, camper trailer, off-road vehicles and boats.

Recycling center. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled, essentially by hand within a completely enclosed building.

Research laboratory. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.

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.

• 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.

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

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

• Restaurant, drive-through service: A drive-through service restaurant is a restaurant whose method of operation involves delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window.

• Restaurant, fast food: A fast food restaurant is a restaurant whose primary method of operation involves 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 or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.

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

1.

The deliver of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, 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.

Right-of-way. Land reserved, used or to be used, for a street, alley, walkway or public purpose.

Roadside stands. Retail outlets with all related structures for the same of farm produce pursuant to Section 10.0333 of this Ordinance.

Roadway. "Roadway" shall mean that part of a street on which vehicles travel.

Rooming house. A building that is the primary residence of the owner and in which rooms are provided by the owner, for compensation, to three (3) or more adult persons not related by blood, marriage or adoption to the owner.

Sanitary landfills. A disposal area as defined by Act 641, Michigan Public Acts of 1978, as amended.

Satellite dish antenna. A round, parabolic antenna intended to receive signals from orbiting satellites and other sources, non-commercial dish antennas are defined as being less than twelve (12) feet in diameter, while commercial dish antennas are usually those larger than twelve (12) feet and typically used by broadcasting stations. Approval of such antennas is subject to the provisions of the Federal Communications Commission (FCC) and other provisions of this ordinance with respect to yards setbacks, heights and distance from other structures.

Screening. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden, screening techniques including fences, walls, hedges, berms or other features.

Seating capacity. An actual seating capacity of an area based on the number of seats or one seat per twenty (20) inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined by the Macomb Township Fire Official.

Self-service storage facility (mini-warehouse). A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

Senior Citizen. An individual person who is sixty-two (62) years of age or older.

Service station. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:

A.

Sale and servicing of spark plugs, batteries, and distributors and distributor parts;

B.

Tire servicing and repair, but not recapping or regrooving;

C.

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearing, mirrors, and the like;

D.

Radiator cleaning and flushing;

E.

Washing and polishing, and sale of automotive washing and polishing materials;

F.

Greasing and lubrication;

G.

Replacing or repairing of carburetors, fuel pumps, oil pumps, and lines;

H.

Emergency wiring repairs;

I.

Minor motor adjustments not involving removal of the head or crankcase or racing the motor;

J.

Adjusting and repairing brakes;

K.

Sale of cold drinks, packaged foods, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation;

L.

Provision of road maps and other information material to customers; provision of restroom facilities. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage or a body shop.

Service Station with or without Convenience Store. An establishment where liquids used as motor fuels are stored and disbursed into the fuel tanks of motor vehicles by persons, either the station attendant or by other persons, and may include facilities available for the sale of other retail products.

Setback. The distance required to obtain the front, side or rear yard open space provisions of this Ordinance.

Setback for irregular shaped lots. In the case of lots that are wider at the front or rear, the front and rear yard setbacks shall be measured along a line that is a projection of the side building lines. The distance between the building and the point where the projection of either side of the building line meets another property line shall be equal to, or greater, than the distance required by the Zoning Ordinance for the lot in question (see Appendix for illustration).

Sexual encounter establishment. An establishment other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

Sheet composting. Organic matter spread on-site and spread to a depth not to exceed two (2) feet in height. The application of organic matter spread with a front-end loader or similar equipment to a depth of approximately two (2) feet, and incorporated in the soil in the spring with a deep plow or similar farm equipment.

Shopping center. A group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in location, size and type of shops to a trade area that the unit serves. The unit provides offstreet parking in definite relationship to the types and total size of the stores. A shopping center shall be a minimum of fifty thousand (50,000) square feet of floor area and not less than three (3) separate businesses.

Site plan. Includes the documents and drawings required by the zoning ordinance to insure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.

Site plan approved. A site plan which has met the provisions of Section 10.2402. of this Ordinance, has been approved by the Planning Commission and signed by the Township Planner.

Site plan revision. Any changes in the approved site plan would require a resubmittal to the Planning Commission.

Sound level. Sound level, in decibels, is defined as the reading of a sound-level meter which conforms to the latest standards of the American Standards Association for Sound-level Meters.

Special event: An outdoor occurrence or noteworthy happening of seasonal or corporate importance, which is organized and sponsored by a Township community group, corporation, or institution on private property. The special events are intended to be activities including but not limited to, grand openings, seasonal sales including sidewalk sales, corporate, institutional, or community celebrations such as church or school festivals.

Special land use. A parcel of land, or an activity which, under usual circumstances, would be detrimental to other permitted land uses, and thus, which could not be permitted within the same district, but which can be permitted under certain circumstances unique to the proposed location. Such use may be subject to conditions to provide protection to adjacent land uses.

Special land use permit. Permission to engage in a special land use granted by the Planning Commission, subject to review, pursuant to the special land use permit review procedures at Section 10.2401 of this Ordinance.

Specified anatomical areas. As used herein, specified anatomical areas means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities. As herein, specified sexual activities means and includes any of the following: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 or this subsection.

Stable, private. An accessory building in which horses are kept for private use and not for remuneration, hire or sale.

Stable, public. A building or land where animals are kept for remuneration, hire, sale, boarding, riding or show.

Standard sheet. A sheet which measures eight and one-half (8½) inches by eleven (11) inches or consists of multiples of such dimensions such that a larger sheet can be folded into such dimensions.

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 622.111 to 722.128, and provides residential services for six (6) or fewer persons under twenty-four-hour supervision or care.

Storage yard. An open area, not enclosed by a building, primarily used to store goods, raw materials, equipment or vehicles when not in use, but excluding waste or scrap materials.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such floor and the ceiling next above it.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be deemed a full story.

Street. "Street", whether public or private, shall mean any road, street, avenue, boulevard, thoroughfare, alley or other right-of-way that provides for vehicular access to land abutting either side of said street, and a street includes the land between the existing or assumed street right-of-way lines. A street may have several classifications defined as follows:

A.

A "public street" shall mean a street that is deeded or dedicated to the Macomb County Road Commission or to the Michigan Department of Transportation (MDOT).

B.

A "private street" shall mean a street that is not deeded nor dedicated to the Macomb County Road Commission or MDOT.

C.

A "local street" shall mean any street that is intended primarily for access to land abutting either side of said street. A local street shall have, or will be considered to occupy, a right-of-way of sixty (60) feet for residentially-zoned land or seventy (70) feet for commercially-zoned or industrially-zoned land, and seventy (70) feet for other nonresidentially-zoned land.

D.

A "collector street" shall mean a street intended to carry traffic from local street to major streets or major thoroughfares. A collector street will usually be located near the Township's quarter-section lines and/or will be designated as such on the Township Master Thoroughfare Plan. A collector street shall have, or will be considered to occupy, a right-of-way width of eighty-six (86) feet.

E.

A "major street" or "major thoroughfare" shall mean an arterial street or great continuity that is intended to serve as a large-volume traffic-way for both the immediate Township area, as well as for areas beyond the Township's Section lines and/or will be designated as such on the Township's Master Thoroughfare Plan. Romeo Plank is a major street throughout its entire length within the Township. A "major street" shall have, or will be considered to occupy, a right-of-way width of at least one hundred twenty (120) feet.

Structural alteration. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures including buildings, mobile homes, walls, fences, billboards and poster panels.

Structure, principal. A building or structure in which is conducted the main or principal use of the parcel of land on which it is located.

Subdivision Control Act. Refer to the definition of the Land Division Act.

Tourist home. A dwelling furnishing overnight sleeping quarters to transient quests and containing not more than three (3) guest bedrooms.

Townhouse. A residential structure, or group of structures, each of which contains more than two (2) attached one-family dwelling units with individual rear yards and/or front yards designed as an integral part of each one family dwelling unit.

Township. The Township of Macomb, Macomb County, Michigan.

Township Board. The Township Board of the Township of Macomb, Macomb County, Michigan.

Township Planning Commission. The Macomb Township Planning Commission as established by the Macomb Township Board under provisions of the Township Planning Commission Act, being Act 168, Public Acts of 1959, as amended, and referred to alternatively as the Commission.

Transitional use. A permitted use or structure that by nature or level and scale of activity acts as a transition or buffer between two (2) or more incompatible uses.

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet and a length not to exceed thirty-five (35) feet.

Travel trailer park. A park licensed under the provisions of the Trailer Coach Park Act of 1959, being Act 171, Public Acts of 1970, as amended, and being designed specifically for the parking of travel trailers.

Truck terminal. Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

Undeveloped state. A natural state preserving natural resources, natural features, scenic or wooded conditions, agricultural use, open space, or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.

Use, accessory. A use normally incidental and subordinate to the principal use of the site.

Utility room. A room or space, located other than in the basement, specifically designed and constructed to house any home utilities or laundry facilities.

Variance. An authorization permitting change in the requirements of this Ordinance by the Board of Zoning Appeals in cases where the general requirements of this Ordinance and the literal enforcement of such would result in an unnecessary and undue hardship upon the variance applicant.

Wall, decorative masonry. A six-foot high decorative masonry wall constructed of brick, or brick embossed poured concrete in accordance with the specifications provided by the Township Building Official. The wall shall be a minimum of six (6) inches thick and the height shall be measured from the highest grade. Walls must be constructed on continuous foundations and be provided with a pointed cap.

Warehouse. A building used primarily for the storage of goods and materials.

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

Wireless communications equipment means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

Wireless communications support structure means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

Wireless telecommunications facility. An area of land defined by a legal description that may be a stand-alone parcel or a part of a parcel that is used to service or operate wireless communications equipment as defined herein. Said wireless telecommunications facility will consist of the wireless communications support structure(s), equipment shelter as defined herein, and other infrastructure including service drives, any public utilities serving the wireless telecommunications equipment, parking and spaces, fencing and landscaping as required and regulated by the Zoning Ordinance.

Yard. An open space at grade line between a building and the adjoining lot lines, unoccupied and unobstructed from the ground upward, except for certain architectural features specified in Section 10.0311, Yard Measurements.

Yard front. A yard extending across the full width of the lot between the centerline of the existing roadway and the building line. However, in any plat recorded under the terms of the Land Division Act, as amended, the front yard shall be measured from the front lot line. (See Appendix for description of lots and yards.)

Yard, rear. An open space extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard. (See Appendix for description of lots and yards.)

Yard, side. An open space between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yards, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that a corner lot the side yard adjacent to a street shall extend the full depth of the lot. (See Appendix for description of lots and yards.)

Zone. A portion of the territory of the Township, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings.

Zoning board means a Township Zoning Board created under the Township Zoning Act, 1943 PA 184, MCL 125.271 to 125.310, that existed on the effective date of the Michigan Zoning Enabling Act, MCL 125.3101.

Zoning jurisdiction refers to the area encompassed by the legal boundaries of the Township outside the limits of incorporated cities and villages.

(Ord. No. 10-6, §§ 1.1, 1.2, 12-8-99; Ord. No. 10-8, § 1.1, 6-14-00; Ord. No. 10-9, § 1.1, 12-27-00; Ord. No. 10-17, § 1.1, 11-13-02; Ord. No. 10-20, § 1, 4-23-03; Ord. No. 10-18, § 1, 4-28-04; Ord. No. 10-33, § 1, 11-27-06; Ord. No. 10-37, § 1, 7-11-07; Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-39, § 1, 6-24-09; Ord. No. 10-40, § 1, 7-22-09; Ord. No. 10-47, § 1, 6-13-12; Ord. No. 10-48, § 1, 9-26-12; Ord. No. 10-60, § 1, 4-13-16; Ord. No. 10-63, § 4, 9-13-17)