For the purpose of this chapter, certain terms are herewith defined.

(Ord. of 7-22-2013, § 2.01)

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

(1)

All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such, as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.

(2)

The particular shall control the general.

(3)

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

(4)

The term "used for" includes the terms "arranged for," "designed for," "intended for," "occupied for," and "maintained for."

(5)

The term "building" includes the term "structure." The term "build" includes the terms "erect" and "construct." A building or structure includes any part thereof.

(6)

The term "dwelling" includes the term "residence," and the term "lot" includes the term "plot" or "parcel."

(7)

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

(8)

Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as defined herein. Any term not defined herein shall have the meaning of common or standard use.

(9)

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:

a.

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

b.

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

c.

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

(10)

Words or phrases in headings shall in no way by their presence or absence limit or affect the meaning of this chapter.

(11)

Where an illustration accompanies any item within this chapter, the written text shall have precedence over said illustrations.

(Ord. of 7-22-2013, § 2.02)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use, building or structure means 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. An accessory structure shall not include dwellings, or be used for residential or lodging purposes or sleeping quarters for human beings.

Adult regulated uses; controlled uses. The following are definitions for those uses defined as controlled uses herein:

(1)

Adult drive-in motion picture theater means an open space, area or premises from which persons may view motion picture films, videos or performances which are characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas.

(2)

Adult motion picture theater means an enclosed building or structure wherein still or motion pictures, video tapes, or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(3)

Adult physical culture establishment means any establishment, club or business, by whatever name designated, which offers or advertises, or is equipped or arranged so as to provide, as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. The following uses shall not be included with the definition of an adult physical culture establishment:

a.

Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse, or any other similarly licensed medical professional;

b.

Electrolysis treatment by a licensed operator of electrolysis equipment;

c.

Continuing instruction in martial or performing arts or in organized athletic activities;

d.

Hospitals, nursing homes, medical clinics or medical offices; and

e.

Barber shops or beauty parlors and/or salons which offer massages to the scalp, the face, the neck or shoulders only.

(4)

Adult supply store means premises used for the sale, distribution, display or storage of books, magazines, periodicals, advertisements, devices, objects, toys, paraphernalia or similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(5)

Arcade means any place, premises, establishment, or room within a structure within which are located three or more amusement devices. For purposes of this chapter, the term "amusement devices" means any device, machine or apparatus operated by a patron which plays, exhibits, emits, produces or displays, entertainment or amusement in the form of a game, motion picture, music, performances or similar entertainment. The term "arcade" does not include vending machines used to dispense foodstuffs, toys or other products for use and consumption, kiddie rides, juke boxes, bowling alleys, or pool tables.

(6)

Cabaret means an establishment where live entertainment is provided, presented, permitted or performed, including, but not limited to, dance, comedy, theatrical, or musical performances, or performances which are distinguished or characterized by an emphasis on, or related to, specified anatomical areas (as defined in this section) for observation by persons or patrons therein.

(7)

Specially designated distributor's establishment means a retail establishment, consisting of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the state liquor control commission to distribute alcoholic liquor, other than wine under 20 percent alcohol by volume, and beer, in the original package for consumption off the premises.

(8)

Specially designated merchant's establishment means a retail establishment consisting of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the state liquor control commission to sell beer and/or wine for consumption off the premises.

Agricultural land means substantially undeveloped land devoted to the production of plants and animals useful to humans, including forage and sod crops; grains, feed crops, and field crops; dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities, but excluding concentrated animal feed operations.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, nurseries, orchards, poultry farms and bona fide greenhouses operated on contiguous, neighboring or associated land as a single unit carried on by the owner-operator, manager or tenant farmer by his own labor or with assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereunder shall include a parcel of five acres or more in area.

Alley means a dedicated public vehicular way not more than 30 feet in width 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 means any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the interior walls or any changes in size or location of any window or door.

Animal hospital. See Clinic, veterinary.

Apartment means an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats. See Dwelling, multiple-family.

Area plan means a plan that is submitted with and is part of either a PUD request or OSPRD request. An area plan shall conform to the requirements provided in article XXIII of this chapter. For the purposes of a PUD or OSPRD, the area plan is in addition to and subject to the requirements for a subdivision plat or a site condominium review.

Automobile, unless specifically indicated otherwise, means any vehicle, including, by way of example, cars, trucks, vans, motorcycles, and the like.

Automobile car wash establishment means a building or portion thereof where automobiles are washed.

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

Automobile or vehicle repair garage means an enclosed building where the following services may be carried out: general repairs, engine rebuilding, reconditioning of motor vehicles; collision services, such as frame or fender straightening and repair; painting and undercoating of automobiles; and similar vehicle repair activities. In addition, the repair station provides vehicle rescue service and emergency road service.

Automobile service station.

(1)

The term "automobile service station" means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories are dispensed at retail cost and minor maintenance services may be provided. Uses permitted at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operable condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair station or body shop. Automobile filling stations may also incorporate a convenience store operation as an accessory use, and which is clearly incidental to the filling station use. Parking requirements for filling station/convenience store operations shall be computed by adding together the parking space requirements for each separate use.

(2)

The primary intent of an automobile service station, as defined herein, is to serve the needs of motor vehicles of an automobile scale and character. An automobile service station does not include an operation, commonly referred to as a truck stop or truck plaza, whose designated purpose, orientation, size, and intent is to service large semi-type trucks and offer accessory uses designed for this purpose.

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

Basement means that portion of a building which is wholly or partly below the average grade of the ground level, 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 inn means 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 means a room designed or used, in whole or in part, for sleeping purposes.

Berm means 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 with the requirements of this chapter. A berm may serve as a screen or buffer for noise containment or visual enhancement.

Block means 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 means the township board of trustees.

Board of appeals means the township zoning board of appeals, created pursuant to the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

Boarding or rooming house means 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.

Building means any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, or property of any kind. A building shall include tents, awnings, semitrailers, or vehicles situated on a parcel and used for the purposes of a building.

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

Building height.

(1)

The term "building height" means the vertical distance measured from the established grade to:

a.

The highest point of the building, excluding mechanical equipment.

b.

The highest ridge line of sloping roofs.

(2)

Where a building is located on sloping terrain, the height shall be measured from the average ground level at the building wall.

Building line means the minimum distance which any structure must be located from a property line, an easement line, a private or public street right-of way line, or a high-water line.

Building, principal, means 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, means 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.

Bulk means the size and setback of a building or structure and the location of same with respect to another building or structure or to a lot line, and includes the following:

(1)

The size and height of a building or structure;

(2)

The location of the exterior wall of a building in relation to a lot line, street or other building;

(3)

The floor area of a building in relation to the area of the lot on which it is located;

(4)

The open spaces allocated to and surrounding a building; and

(5)

The amount of lot area per dwelling unit.

Business means any use engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services.

Business center means two or more buildings containing stores, or two or more buildings containing a combination of stores and offices, usually on separate lots and sharing a common drive or street and/or off-street parking facilities, and/or identified by a name for the center.

Caretaker living quarters means a single independent residential dwelling unit designed for those employed to look after goods, buildings, or property on a commercial or industrial parcel on which the living quarters are located.

Carport means a partially open shelter for housing of vehicles. Such structure shall comply with all yard requirements applicable to private garages.

Cemetery means land used for the burial of the dead, including columbiums, crematories, and mausoleums.

Child care center. See Day care facilities.

Church, synagogue, temple, mosque, or similar religious facility means any structure wherein persons regularly assemble for religious activity.

Clinic, medical, means 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.

Clinic, veterinary, means a place for the care, diagnosis, and treatment of sick or injured animals, and those in need of medical or minor surgical attention. A veterinary clinic may include customary pens or cages enclosed within the walls of the clinic building. The term "veterinary clinic" excludes facilities primarily used for the boarding of animals.

Club or fraternal organization means 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 chapter.

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

Commercial vehicle means motor vehicles that are:

(1)

Used for the transportation of passengers for hire;

(2)

Constructed or used for the transportation of goods, wares or merchandise for hire; or

(3)

Designed and used for carrying, towing, or pulling other vehicles.

Commission means the planning commission of the township.

Community supported agriculture or CSA means a marketing strategy in which a farm produces farm products for a group of farm members or subscribers who pay in advance for their share of the harvest. Typically, the farm members receive their share once a week, sometimes coming to the farm to pick up their share; other farms deliver to a central point.

Conditional land use means uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district. After due consideration of the impact of each such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land uses may be permitted following review and approval by the planning commission, subject to the terms of this chapter.

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

Condominium development. See Site condominium.

Congregate housing. See Housing for the elderly.

Convalescent home. See Nursing home, convalescent home, or rest home.

Convenience store means a one-story retail store containing less than 2,000 square feet of gross floor area 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 stop-and-go traffic shopping.

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

Court means an open space on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. A court shall be unoccupied.

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

Day care facilities. As used in this chapter, the following definitions shall apply to day care facilities:

(1)

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

a.

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

b.

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

c.

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

d.

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

(2)

Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term "family child care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year. Family child care homes shall be specifically exempt from regulations by this chapter but are otherwise subject to applicable state law. The operator of the child family day care home business must be a bona fide resident of the private home.

(3)

Group child care home means 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. The term "group child care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year. The operator of the child group day care home business must be a bona fide resident of the private home.

(4)

Private home means 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.

Foster care facility, adult. Adult foster care facility means a governmental or nongovernmental establishment that provides foster care to adults. It include facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision or an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Michigan adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.). The types of licensed adult foster care facilities include the following:

(1)

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

(2)

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

(3)

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

(4)

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

Foster family homes. Foster family homes shall include the following:

(1)

Foster family home means private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 of 1939 (MCL 710.21 et seq.), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

(2)

Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan adoption code, chapter X of the probate code of 1939, Public Act No. 288 of 1939 (MCL 710.21 et seq.), are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

Dedicated open space means open land that is permanently set aside to remain in an undeveloped state.

Developable envelope means the area of a lot which is defined by the minimum setback requirements, within which building construction can occur.

Development means 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 means a use which typically involves both warehouse and office/administrative 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, means a portion of the township 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.

Dog kennel. See Kennel.

Domestic help means those persons hired by the householder for the purpose of performing domestic services and maintenance of the household.

Drive-in means an open space, area or premises from which persons may view motion picture films, videos or performances so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building or structure.

Drive-in theater means 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 means 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, motor home, 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 chapter.

Dwelling, accessory apartment, means a dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by:

(1)

Persons related to the occupant of the principal residence by blood, marriage or legal adoption; or

(2)

Domestic servants or gratuitous guests.

Dwelling area. The dwelling area of a dwelling unit is composed of sleeping rooms, kitchen, dining room, den, studio, bathrooms, and family and living rooms.

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

(1)

The structure is produced in a factory in accordance with the national manufactured housing construction and safety standards act, as amended;

(2)

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

(3)

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. See Dwelling, mobile home.

Dwelling, mobile home, means 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 chapter.

Dwelling, multiple-family, means a building designed for and occupied by two 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. See Apartment.

Dwelling, one-family or single-family, means 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, townhouse, means a dwelling unit located within a townhouse building, with each dwelling unit having separate front and rear or front and side entrances from the outside, and with each unit having individual front and rear yards located and designed as an integral part of each dwelling unit. Each dwelling unit shall be separated from the adjoining dwelling unit by a party wall, the length of which shall be at least 20 percent of the length of the common wall joining the two dwelling units.

Dwelling, two-family or duplex, means 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 known as a duplex dwelling.

Dwelling unit means 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, means 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, may have its own basement, and, typically, with its own utility connections and front and rear yards.

Dwelling unit, single-family detached, means a detached residential building, other than a mobile home, designed for and containing one dwelling unit only.

Earth-sheltered home means a complete building partially below grade that is designed to conserve energy and is intended to be used for residential purposes.

Easement means any private or dedicated public way that provides a means of access to property. The term "easement" may also refer to utility easements which give public or private utility companies the right to use land for the construction and maintenance of utilities.

Efficiency unit means 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 located directly off the principal room.

Enforcement official means the person designated by the township as being responsible for enforcing and administering requirements of this chapter. Throughout this chapter 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 rather indicate generally the office or department most commonly associated with the administration of the regulation being referenced.

Entrance ramp means a roadway connecting a feeder road with a limited access highway and used for access onto such limited access highway.

Equipment services means any commercial or industrial entity that provides installation, maintenance, and repair services for utilities and machinery; including but not limited to HVAC equipment, cable servicing, radio, television, and household appliances. This category shall exclude any commercial or industrial operation that involves warehousing, manufacturing, or assembly of such products.

Erected means 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 means the erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments or township-certified cable television companies. Included in this definition are towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar equipment which are necessary for safeguarding the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities.

Excavation means any act by which an amount in excess of 50 cubic yards of any soil or rock which is cut into, dug, quarried, uncovered, removed, displaced or relocated in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or as authorized within public highway rights-of-way.

Exception. Certain uses, such as essential services as defined herein, considered by the planning commission to be essential or desirable for the welfare of the community, and which are appropriate and not incompatible with the other uses in the zoning district, but not at every or any location or without conditions being imposed due to special considerations related to the character of the use.

Exotic animals includes a specific animal or breed of animal that has been introduced within an area that is not common or communal to existing species in an area and can be considered alien to animals normally adapted to an area. Animals of this nature that can or may be hazardous to human health are prohibited.

Family means one or more persons related by blood, bonds of marriage, or legal adoption, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, or a collective number of individuals living together in one house under one head, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. The term "family" does not include any society, club, fraternity, sorority, association, lodge, group, coterie, or organization which is not a recognized religious order, or a group of individuals whose association is temporary or resort or seasonal in character or nature.

Farm means that as defined in the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

Farm animals means that as defined under the term "farm product" in the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

Farm buildings means any building or structure, other than a dwelling, used on a farm in a farm operation.

Farm market means a place or an area where transactions between a farm market operator and customers take place. This includes roadside stands. The term "farm market" 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 the farm market's marking season or up to a five-year timeframe) must be produced on and by the affiliated farm. Farm products may be processed more extensively into a form that adds value and makes them more marketable for direct customer sales in accordance with state laws, and then sold at the affiliated farm market, as long as allowed by local, state, and federal regulations. A farm market may operate seasonally or year-round. Farm markets may include marketing activities and services to attract and entertain customers and facilitate retail trade business transactions when allowed by applicable local, state, and federal regulations.

Farm product means that as defined in the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

Fence means a permanent or temporary barrier enclosing or bordering a plot of land, or portion thereof, composed of suitable materials for the purpose of preventing or controlling entrance or to confine within or to mark boundary.

Floodplain means any land area susceptible to being inundated by floodwaters when high amounts of precipitation are experienced or natural cyclic conditions raise the water levels. The established floodplain is an area inundated by floodwater that has a one percent chance of occurrence in any given year, which is equivalent to a flood frequency of once in 100 years. Determinants of a floodplain can consist of:

(1)

The area which typically is adjacent to a river, stream, or other body of water, and is designated as subject to flooding from the 100-year base flood indicated on the flood boundary and floodway map prepared by the Federal Emergency Management Agency, a copy of which is on file in the township offices.

(2)

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

(3)

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

Floodway means 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 elevation more than one foot. As used in this chapter, the term "floodway" refers to that area designated as a floodway on the flood boundary and floodway map prepared by the Federal Emergency Management Agency, a copy of which is on file in the township offices.

Floor area means the sum of the gross horizontal floor areas of the several stories of a building, as measured to the exterior face of the exterior walls, plus that area similarly measured of all other stories that are accessible by a fixed stairway, ramp, escalator, or elevator; including all enclosed porches and balconies, and all stairways, breezeways, storage area, recreational rooms, boiler rooms, and other areas within or contiguous to the structure; and the measurement shall include the floor space of all accessory buildings measured similarly.

Floor area ratio means the ratio of the floor area of a building to the area of the lot on which it is located, calculated by dividing the floor area by the lot area and expressing it as a percentage. For example, if a floor area ratio of 80 percent is specified and the lot area is 10,000 square feet, the maximum permitted floor area on the lot is 8,000 square feet. The number of stories subject to this chapter, the building area may be 4,000 square feet for each of two stories, 2,000 square feet for each of four stories, or 1,000 square feet for each of eight stories.

Food cart vendor means a licensed vendor selling food, non-alcoholic drink or accessory merchandise from a portable/temporary structure or device which is on wheels and of sufficiently lightweight construction that can be moved from place to place without auxiliary power. The device shall not be motorized so as to move on its own power.

Garage, private, means an accessory building or structure used principally for storage of automobiles and for other incidental storage purpose only.

Golf course orcountry club means 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. See also Par-3 golf course.

Grade means 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.

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

Guest house means an accessory building intended for temporary or periodic use as an auxiliary sleeping facility, but which does not have kitchen facilities, and is not intended to be used as a permanent residence. See also Bed and breakfast inn and Boarding or rooming house.

Hazardous uses means all uses which involve the storage, sale, manufacture or processing of materials which are dangerous, 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 township fire code and the state construction code.

Highway means a public thoroughfare or street, except alleys, but includes federal, interstate, state and county roads, including those appearing on plats recorded in the office of the register of deeds and accepted for public maintenance.

Home occupation means an occupation that is carried on within a dwelling unit by resident members of the family and which is clearly incidental and secondary to the principal residential use. The term "home occupation" does not include clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, millinery shops, music studios, antique shops, dance studios, child care centers, repair or storage of vehicles, and similar uses. The use by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence shall be permitted.

Hospital means an institution which is licensed by the state 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, pharmacies, medical testing services, central service facilities, and staff offices.

Hotel means a building occupied as a 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, in which access to at least 50 percent of the lodging units is through a common entrance, in which provision is not made for cooking in the individual units, which shall provide customary 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 accommodating at least 20 guests which provides dining service for a minimum of two meals during the day, a general kitchen, and a minimum of one meeting room accommodating at least 50 persons.

Housing for the elderly means a facility other than a hospital, hotel, or nursing home which provides room and board to nontransient persons primarily 60 years of age or older. Housing for the elderly may include the following:

(1)

Senior apartments means multiple-family dwelling units occupied by persons 55 years of age or older.

(2)

Elderly housing complex means a building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older, or couples where either spouse is 60 years of age or older.

(3)

Congregate housing means a type of semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

(4)

Dependent housing facilities means facilities which are designed for older persons who need a wide range of health and support services, including personal nursing care.

Ice cream parlor means a retail establishment whose business is limited to the sale of ice cream, frozen desserts, 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 chapter.

Indoor recreation center means 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 chapter, a bowling establishment shall be considered a type of indoor recreation center.

Industrial means any use in which the major activity is the treatment, processing, rebuilding, repairing, or bulk storage of material, products, or items, and where the finished product is not acquired by the ultimate user on the premises.

Industrial park means a group of two or more buildings, usually on separate lots, for industrial, research, or warehousing uses, with a common street or driveway system, developed according to an overall plan for the park, and identified by a name for the park.

Ingress and egress are used in this chapter 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.

Interstate highway means a highway officially designated as a part of the national system of interstate and defense highways by the department of transportation and approved by the appropriate authority of the federal government (Public Act No. 106 of 1972 (MCL 252.301 et seq.)).

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

Kennel, commercial, means any building and/or land used, designed, or arranged for the boarding, breeding, or care of dogs, cats, pets, fowl, or other domestic animals for profit, but shall not include those animals raised for agricultural purposes. (Also see section 36-714.)

Kennel, private, means any building and/or land used, designed, or arranged for the boarding, breeding, or care of dogs, cats, pets, fowl, or other domestic animals belonging to the owner thereof and kept for purposes of show, hunting, or as pets, but not to include riding stables; provided that no more than three such animals six months old or older are kept on the premises, either permanently or temporarily. The keeping of such animals shall be strictly incidental to the principal use of the premises and shall not be for purposes of remuneration or sale. (Also see section 36-714.)

Laboratory means a building or group of buildings in which are located facilities for research, investigation, testing, or experimentation.

Land use development plan means the plan, adopted by the township planning commission, including graphics and written policies indicating general areas for physical resource management and containing development standards and general location of streets, parks, schools, and all physical development of the township. The term "land use development plan" includes any unit or part of such plan and any amendment to such plan or parts thereof.

Landscaping means the treatment of the ground surface with live plant materials, such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative manmade materials, such as wood chips, landscape timbers, 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:

(1)

Berm means 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 with the requirements of this chapter. A berm may serve as a screen or buffer for noise containment or visual enhancement.

(2)

Grass means any of a family of plants with narrow leaves normally grown as permanent lawns in the county.

(3)

Greenbelt means a strip of land of definite width and location reserved for the planting of a combination of shrubs, trees and ground cover. A greenbelt may serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this chapter.

(4)

Ground cover means low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

(5)

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

(6)

Interior landscaping area means 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.

(7)

Nurse grass means any of a variety of rapidly growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.

(8)

Screen or screening means 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 non-living material, such materials shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

(9)

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

(10)

Sod means an area of grass-covered surface soil held together by matted roots. Types of sod are defined as follows:

a.

Mineral sod means a piece from the surface of grassland containing the grass, support soil, and the healthy roots, extracted with the intention of replanting in another area for the purpose of establishing lawn areas. The sod is grown on mineral soil, commonly referred to as topsoil, and must be a minimum of two years old. The grasses permitted for use in sod for landscaped lawns should be a blend that reflects the current standards in the industry and has been demonstrated to prosper under local conditions.

b.

Peat sod means a piece from the surface of grassland containing the grass, support soil, and the healthy roots, extracted with the intention of replanting in another area for the purpose of establishing lawn areas. The sod is grown on peat and must be a minimum of two years old. The grasses permitted for use in sod for landscaping lawns should be a blend that reflects current standards in the industry and has been demonstrated to prosper under local conditions.

(11)

Tree means a self-supporting woody, deciduous or evergreen plant with a well-defined central stem which normally grows to a mature height of 15 feet or more in the county. Types of trees are defined as follows:

a.

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

b.

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

c.

Ornamental tree means 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 about 25 feet or less.

d.

Shade tree means a deciduous tree which has a mature crown spread of 15 feet or greater in the county, having a trunk with at least five feet of clear stem at maturity.

e.

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

Livestock means horses, cattle, sheep, goats, and other domestic animals normally kept or raised on a farm.

Loading space, off-street, means 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 computation of required off-street parking space.

Lot.

(1)

The term "lot" means a parcel of land, excluding any street or other right-of-way and any easement area for a private street, with at least sufficient size to meet the minimum requirements for use, coverage, and lot area providing such yards and open spaces as herein required. Parcels three acres or greater in area shall include rights-of-way or easements in determining lot area. Such lot shall have frontage on a public street or on a private street as specified in the township private road ordinance and approved by the township board and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

Any combination of complete and/or portion of lots of record if contiguous; and

d.

A parcel of land described by metes and bounds;

provided that in no case of division or combination shall any lot or parcel created, including residuals, be less than that required by this chapter.

(2)

In addition to the land required to meet the regulations herein, the lot shall include all other land shown in a request for a building permit or a certificate of occupancy, occupied by a principal building or use, and any accessory building or use.

Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way, other right-of-way, and any easement for a private street, for parcels less than three acres in area. Parcels three acres or greater in area shall include rights-of-way or easements in determining lot area.

Lot, corner, means a lot of which at least two adjacent sides abut for their full length upon a street.

Lot coverage means that part or percentage of the lot occupied by buildings or structures, including accessory building or structures. See section 36-98(f) and (g) for additional regulations.

Lot, double frontage, means any interior lot having frontage on two streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

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

Lot line.

(1)

Front lot line, in the case of a lot not located on a corner, means the line separating said lot from the street 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 that street which is designated as the front street on the plat, or which is designated as the front street on the site plan review application or required for a building permit.

(2)

Rear lot line ordinarily means that lot line which is opposite and most distant from the front lot line. In the case of 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.

(3)

Side lot line means any lot line other than the front or rear lot lines. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot measurements.

(1)

Depth means the straight line distance between the front street line and rear lot line, measured along the median between the side lot lines.

(2)

Width means the horizontal straight-line distance between the side lot lines, measured between the two points where the required minimum front yard setback line (set forth in the regulations and standards of each use district) intersects the side lot lines. Said front lot line shall in every instance abut a public or private street by being contiguous with the public street right-of-way line or the private street easement line. In the case of lots fronting onto the turning circle of cul-de-sac streets, the minimum distance shall be 20 feet.

Lot of record means a parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the county register of deeds and/or township treasurer, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a land surveyor registered and licensed in the state and likewise so recorded with the county register of deeds and/or township treasurer.

Lot split and consolidation means the dividing or uniting of lots of record by virtue of changes in deeds and/or legal descriptions in the office of the county register of deeds and township treasurer.

Main access drive means 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.

Main use means the principal use to which the premises are devoted and the principal purpose for which the premises exist.

Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of 120 feet shall be considered a major thoroughfare.

Manufacturing means the process of making products by hand, by machinery, or by other agency, often with the provision of labor and the use of machinery.

Marginal access road means a service roadway parallel to a feeder road; and which provides access to abutting properties and protection from through traffic.

Marihuana establishments and facilities. The term marihuana facilities, shall encompass all use classes specifically defined and authorized by the State of Michigan Medical Marihuana Act, MCL 333.26421, et seq; the Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.; and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., and all other applicable rules promulgated by the State of Michigan as may be amended. Marihuana establishments and facilities include the following use classes:

(1)

Marihuana grower means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. Growers shall be subdivided into six classes based on state licensing standards.

a.

Medical Class A—500 marihuana plants.

b.

Medical Class B—1,000 marihuana plants.

c.

Medical Class C—1,500 marihuana plants.

d.

Recreational Class A—100 marihuana plants.

e.

Recreational Class B—500 marihuana plants.

f.

Recreational Class C—2,000 marihuana plants.

(2)

Marihuana microbusiness means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

(3)

Marihuana processor means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

(4)

Marihuana retailer means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

(5)

Marihuana secure transporter means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

(6)

Marihuana safety compliance facility means a person licensed to test marihuana, including certification for potency and the presence of contaminants.

(7)

Provisioning center means a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this Act.

(8)

Registered primary caregiver means a primary caregiver who has been issued a current registry identification card under the Michigan Medical Marihuana Act.

Master deed. See Site condominium.

Master plan. See Land use development plan.

Mezzanine means an intermediate level 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 is located. See section 36-98 for additional regulations.

Mini-warehouse means a building or group of buildings, each of which consists of 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 park means any parcel of land intended and designed to accommodate more than one mobile home on a continual nonrecreational basis and which is offered to the public for that purpose, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and subject to conditions set forth in the Mobile Home Commission Rules and Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Mobile home site means a plot of ground within a mobile home park designed for accommodation of a mobile home.

Mobile home stand means that part of a mobile home site designed for the placement of a mobile home, appurtenant structures, or additions, including expandable rooms, enclosed patios, garages or structural additions.

Motel means any establishment in which individual cabins, courts, or similar structures or units are let or rented to transients for periods of less than 30 days. The term "motel" includes tourist cabins and homes and motor courts. A motor court or motel shall not be considered or construed to be either a multiple-dwelling, a hotel, or a trailer coach park.

Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Natural features.

(1)

The term "natural features" includes the following:

a.

Wetlands.

b.

Watercourses.

c.

Floodplains.

d.

Woodlands.

e.

Landmark trees.

f.

Steep slopes.

g.

Habitat of threatened or endangered species.

h.

Groundwater recharging areas.

(2)

Federal, state and local governments have laws, rules and regulations governing natural features which often require licenses, permits, or approvals for development in (or affecting) these natural features, which may change from time-to-time. Licenses, permits or approvals required by, and obtained from, the township shall not relieve a person of the need to obtain applicable licenses, permits or approvals from other applicable jurisdictions; nor shall the issuance of licenses, permits or approvals from applicable jurisdictions relieve a person of the need to obtain licenses, permits or approvals required by the township.

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

Nonconforming lot means a lot which was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not now conform to the lot size, lot width, or other regulations pertaining to lots in the zoning district in which it is located.

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

Nuisance means 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 endanger life and health.

Nursery, day nursery, nursery school. See Day care facilities.

Nursery, plant material, means 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, orrest home means a home for the care of the aged, infirmed, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care which is licensed in accordance with part 213 of Public Act No. 368 of 1978 (MCL 333.21301 et seq.), or part 217 of Public Act No. 368 of 1978 (MCL 333.21701 et seq.).

Occupied means used in any way at the time in question.

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

Office park means a group of two or more buildings, on individual lots or one undivided parcel, with a common street or driveway system, developed according to an overall plan for the park, and identified by a name for the park.

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

(1)

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

(2)

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

(3)

Various outdoor recreation uses, including, but not limited to, tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and children's amusement parks.

(4)

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

Such open air business shall not include outdoor sales display of recreational vehicles, new or used vehicles, boats, farm implements and similar uses.

Open space, common, means space left open or reserved for aesthetic, ecological, or recreational purposes by owners of lots or recreational use set aside for the use of the owners of lots participating in a unit development of residential lots. Such space may include private recreational facilities such as golf courses or swimming pools, historic building sites, parks, parkway areas, ornamental parks, extensive areas with tree cover, low land along streams or areas of rough terrain which have natural features worthy of scenic preservation.

Open space development means a development created in accordance with section 36-718 that allows for the perpetual protection of open space and agricultural lands by providing flexibility in minimum lot dimensions and greater density under certain specified circumstances.

Outlot means a parcel of land designated as such on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.

Par-3 golf course means a golf course consisting of shortened fairways, typically no longer than 200 yards. Par-3, 18-hole golf courses typically occupy 50 to 60 acres.

Parallel plan means a plan for residential development that would meet the requirements of the specific zoning district in which it is located and the requirements of any and all state, county and township regulations. The parallel design plan would be able to be physically constructed and meet all current regulations. The parallel plan is used to determine residential density upon which the OSPRD would be based.

Parcel. See Lot.

Park. See Recreational land.

Parking lot, off-street, means 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 four vehicles.

Parking space means one unit of a parking area provided for the parking of one automobile. This space shall have an area of not less than 200 square feet and shall be exclusive of curbs, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.

Pavement means:

(1)

A created surface, such as brick, stone, concrete, or asphalt, placed on the land to facilitate passage;

(2)

That part of a street or parking lot having an improved surface.

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

Personal fitness center means a facility which provides 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, the term "personal fitness center" does not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.

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

Planned community development may include such concepts as planned unit development, community unit development, planned community, planned residential development, and other terminology denoting special zoning requirement and review procedures. These requirements and procedures are intended to provide design and regulatory flexibility so as to accomplish the objectives of this chapter using innovative and effective planning approaches.

Planned unit development (PUD) means a zoning district to be planned, developed, operated, and maintained as a single entity which permits integrated and coordinated development of various types of residential dwellings and certain nonresidential uses, all to be developed according to approved area and site plans as provided in this chapter.

Planning commission means the planning commission of the township, reestablished under Public Act No. 33 of 2008 (MCL 125.3801 et seq.).

Planting strip means a combination of natural plant materials, such as ground cover, deciduous and/or evergreen shrubs, deciduous and/or evergreen trees, and/or deciduous small ornamental trees.

Plat means a map or chart of a subdivision of land.

Pool or billiard hall means an establishment wherein the substantial or significant portion of all usable area is devoted to the use of pool or billiard tables.

Primary conservation area means all area in watercourses or wetlands, any area devoted to natural or improved flood control channels, or those areas encumbered by floodway or county drain easements. Land in a primary conservation area is not used in computing the net residential density.

Primary highway means a highway, other than an interstate highway or freeway, officially designated as a part of the federal aid primary system as defined in section 103 of title 23 of the United States Code, as amended by the department of transportation approved by the appropriate authority of the federal government (Public Act No. 106 of 1972 (MCL 252.301 et seq.).

Principal use. See Use, principal.

Private road means a street or road under private ownership which has been constructed for the purposes of providing access to adjoining property, and which is normally open to the public so that persons other than the occupants of adjoining property may travel thereon.

Privately owned community sewage system (POCSS) means a facility which is owned by a non-governmental entity and is designed, constructed, operated, and maintained to transport, collect, process, and treat sanitary sewage from more than one dwelling unit or structure. The system shall include any individual septic tanks, pumps, lines, and appurtenances serving each dwelling unit or structure in addition to facilities, sewers, and appurtenances that serve more than one dwelling unit or structure.

Property line means 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 Lot line.

Public use means a use operated by a public body, said use having the purpose of serving the public health, safety, or general welfare and including public schools, parks, playgrounds, hospitals and administrative and service facilities.

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

Quarry means any pit, excavation, or mining operation for the purpose of searching for or removing, for commercial use, any earth, sand, gravel, clay, stone, slate, marble, or other non-metallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an oil well or excavation preparatory to the construction of a building or structure.

Recreational land means any public or privately owned lot or land that is utilized for recreation activities, such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.

Recreational vehicle includes the following:

(1)

Travel trailer means a portable non-motorized vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, 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.

(2)

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

(3)

Motor home means 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. Motor homes generally contain sanitary, water, and electrical facilities.

(4)

Folding tent trailer means a canvas folding structure mounted on wheels and designed for travel and vacation use.

(5)

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

(6)

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

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

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

Sanitarium means an establishment for the treatment of the chronically ill which commonly provides therapy combined with a regimen for treatment or rehabilitation through diet, exercise, rest and recuperation.

Sawmill means a plant at which logs are processed, by utilizing a saw blade, into salable products.

Scientific means any use in which the major activity is the pursuit, discovery, production, documentation, verification, or dissemination of knowledge.

Screen means a structure providing enclosure, such as a fence, and a visual barrier between the area enclosed and the adjacent property. A screen may also be a nonstructure consisting of shrubs or other growing materials.

Secondary access drive means any private street that is generally parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

Secondary conservation area means all areas with sensitive natural features, such as lands with slopes exceeding 12 percent or highly erodible soils and all areas within natural features setbacks as defined in section 36-723. In an OSPRD, such areas are generally to be included in dedicated open space and may be used in computing the net residential density.

Semitrailer means a trailer, which may be enclosed or not enclosed, exceeding 18 feet in length, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

Service truck means a pickup truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

Setback means the distance between a front, side or rear lot line and the nearest supporting member of a structure on the lot. Setbacks on waterfront lots shall be measured from the established high lake level as currently defined by the office of the water resources commissioner. The minimum required setback is the minimum distance between a front, side, or rear lot line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this chapter. See Yard.

Shopping center means a group of commercial establishments, primarily retail uses, that are compatible with each other and are mutually supportive, in one or more buildings, on a site that is planned, developed, and managed as one operating unit with common driveways, parking areas, identification signs and other common facilities and services.

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

(1)

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

(2)

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

(3)

Condominium lot means the land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.

(4)

Condominium subdivision plan means the drawings and information prepared in accordance with section 66 of the condominium act (MCL 559.166).

(5)

Condominium unit means 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.

(6)

Consolidating master deed means the final amended master deed for a contractible or expandable condominium project or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

(7)

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the condominium act.

(8)

Conversion condominium means a condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the condominium act (MCL 559.171).

(9)

Expandable condominium means a condominium project to which additional land may be added in accordance with this chapter and the condominium act.

(10)

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

(11)

Notice of proposed action means the notice required by section 71 of the condominium act (MCL 559.171), to be filed with the township and other agencies.

Site plan means a plan showing all salient features of a proposed development, as required in article XXVIII of this chapter, so that it may be evaluated to determine whether it meets the provisions of this chapter.

Special event means an occurrence or noteworthy happening of seasonal, civic, or church importance, which is organized and sponsored by a nonprofit township 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. 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. All such special events shall be open to the public.

Specially designated distributor/merchant's establishment. See Adult regulated uses.

Special land use. See Conditional land use.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

Female breast below a point immediately above the top of the areola; and

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

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

Stable, commercial, means an enclosed building for the keeping of horses or other large domestic animals, in which any such animals are kept for remuneration, hire, or sale.

Stable, private, means an enclosed building intended for the keeping of horses or other large domestic animals, for the noncommercial use of the residents of the principal residential use on the site.

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

Adult foster care. There are four types of adult foster care:

(1)

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

(2)

Adult foster care small group home means an adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care.

(3)

Adult foster care large group home means 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.

(4)

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

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

(2)

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

(3)

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

(4)

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

(5)

A county infirmary operated by a county department of social services or family independence agency under section 55 of the social welfare act, Public Act No. 280 of 1939 (MCL 400.55).

(6)

A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under Public Act No. 116 of 1973 (MCL 722.111 et seq.), if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:

a.

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

b.

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

c.

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

d.

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

(7)

A foster family home licensed or approved under Public Act No. 116 of 1973 (MCL 722.111 et seq.), that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of Public Act No. 116 of 1973 (MCL 722.115(7)).

(8)

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

(9)

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

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

Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the state adoption code, chapter X of the probate code of 1939, Public Act No. 288 of 1939 (MCL 710.21 et seq.), are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.

Foster family home means a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the state adoption code, chapter X of the probate code of 1939, Public Act No. 288 of 1939 (MCL 710.21 et seq.), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.

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

Story.

(1)

The term "story" means 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.

(2)

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

(3)

A basement shall cease to be considered a basement and will be deemed a full story when the vertical distance from the average grade at the lot where the structure is located, to the floor below is less than the vertical distance from the average grade to the ceiling (see illustration). However, in the event that a basement does qualify as a story, only 50 percent of the floor area of this story may qualify in computing minimum floor area for a zoning district.

Story, half, means 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 one-half story shall be at least 160 square feet with a minimum clear height of seven feet, six inches.

Street means a public thoroughfare which affords the principal means of access to abutting property having a right-of-way not less than 66 feet in width. Various types of streets are defined as follows:

(1)

Arterial street means a major street with limited access that carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the township.

(2)

Collector street means a street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but may also provide direct access to abutting properties.

(3)

Cul-de-sac means a street that terminates in a vehicular turnaround.

(4)

Local or minor street means a street whose sole function is to provide access to abutting properties.

(5)

Private street or road. See Private road.

(6)

Public street or road means a street or road accepted and under the jurisdiction of the county road commission for the purposes of providing access to adjoining property, and open to the public so that persons other than the occupants of adjoining property may travel thereon.

Street line means the dividing line between the street right-of-way and the lot. When such right-of-way is not defined, a line shall be defined as 33 feet on either side of the center of the street.

Street vendor. See Food cart vendor.

Structure means anything constructed, erected, or placed with a fixed location on the surface of the ground or water, or affixed to something having a fixed location, including, but not limited to, buildings, bulkheads, piers, docks, landings, dams, waterway obstructions, paving and roadways, poles, towers, cables, pipelines, drainage tiles, and other underground installations. See section 36-98 for additional regulations.

Subdivision plat means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors, or assigns, for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of Public Act No. 288 of 1967 (MCL 560.101 et seq.), by sections 108 and 109 (MCL 560.108 and 560.109). The term "subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this land division act or the requirements of an applicable local ordinance.

Temporary holiday sales means sales temporary in nature, lasting for less than 30 calendar days, corresponding to a recognized day of festivity or recreation in which by custom or by law normal activities, especially business or work including school, are suspended or reduced.

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

Theater means a building, room, or outdoor structure for the presentation of performances or motion pictures. For the purposes of this chapter, the following distinctions between various types of theaters shall apply:

(1)

Motion picture theater means an enclosed building used for presenting motion pictures which are observed by paying patrons from seats situated within the building.

(2)

Outdoor theater means a site on which a motion picture screen is constructed for presenting motion pictures which are observed by paying patrons from their own cars situated on the site.

(3)

Live theater means the performance of dramatic literature by live actors or performers.

Total buildable area means area calculated by subtracting from the gross site acreage, the areas comprised of rights-of-way for public and private roads, submerged land areas, and wastewater treatment areas.

Total developable area (density calculation area) means area calculated by subtracting from the gross site acreage, the areas comprised of rights-of-way for public and private roads, submerged land areas, wastewater treatment areas and the primary conservation areas. The total developed area is the area used to compute the allowable maximum density.

Toxic or hazardous waste means waste, or a combination of waste and other discarded material, including 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:

(1)

Increase in mortality;

(2)

Increase in serious irreversible illness;

(3)

Serious incapacitating, but reversible, illness; or

(4)

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

Truck terminal means 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.

U-pick operation means a farm that provides the opportunity for customers to harvest their own farm products directly from the plant. Also known as pick-your-own or PYO, these are forms of marketing farm products to customers who go to the farm and pick the products they wish to buy.

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions, agricultural land use, open space, or a similar use or condition. Land in an undeveloped state does not include a golf course, but may include land that is actively farmed or a community garden, a greenway, recreational trail, pedestrian, bicycle and/or bridle path, or similar passive recreational facility that provides a feature of communitywide significance and enhances residential development. Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.

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

(1)

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

(2)

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

(3)

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

(4)

Use, special land. See Conditional land use.

(5)

Use, public, means a use operated by a public body having the purpose of serving the public health, safety, or general welfare and including public schools, parks, playgrounds, hospitals and administrative and service facilities.

Utility trailer means a small trailer that is designed to be pulled by an automobile, van, or pickup truck.

Variance means a relaxation of the terms of the chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary hardship or practical difficulty.

Vehicle, new dealer, means a vehicle dealer which buys and sells new vehicles under a franchise agreement or a contract with the vehicle's manufacturer.

Vehicle, new motor, means a motor vehicle which is not and has not been a demonstrator, executive or manufacturer's vehicle, leased vehicle, or a used or secondhand vehicle.

Vehicle repair, major, means engine overhauling or rebuilding, valve and piston repair, transmission repair, axle and universal joint repair, body repair, painting and refinishing.

Vehicle repair, minor, means engine tuneups, electrical systems, suspension systems, brakes, exhaust systems, cooling systems and heating and air conditioning systems repair; rust proofing; tire replacement; wheel balancing and alignment and diagnostic services.

Vehicle, salvage, means a vehicle for which a salvage certificate has been issued by the secretary of state.

Vehicle, used dealer, means a vehicle dealer which buys and sells used vehicles, either at wholesale or retail.

Vehicle, used parts dealer, means a vehicle dealer which buys or otherwise acquires late model major component parts for resale, either at wholesale or at retail, or dismantles any vehicles for the resale of the parts and selling the remains as scrap.

Veterinary hospital. See Clinic, veterinary.

Warehouse means a building used for short- and/or long-term storage in connection with production and marketing or in connection with manufacturing, freight handling, and retailing. See also Distribution center.

Wetland means 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. Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have two or more of the following three attributes:

(1)

At least periodically, the land supports predominantly hydrophytic plants;

(2)

The substrate is predominantly undrained hydric soil; and

(3)

The substrate is saturated with water or covered by shallow water at some time during the growing season of each year.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter. 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 chapter (see illustration). When the rear yard or side yard abuts water, the yard shall be measured from the high lake level, as currently defined by the office of the water resources commissioner, to the structure (see setback).

(1)

Yard, front, means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the principal building. Unless otherwise specified, on corner lots there shall be maintained a front yard along each street frontage.

(2)

Yard, rear, means 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.

(3)

Yard, side, means 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.

Zero lot line development means a development approach in which a building is sited on one or more lot lines with no yard on that side.

Zoning board of appeals means the township zoning board of appeals, created pursuant to the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-22-2013, § 2.03; Ord. of 6-4-2014, § 2.0, 2.03; Ord. No. 16-49, § 1, 5-10-2016; Ord. No. 18-57, § 1, 6-26-2018; Ord. No. 18-58, §§ 1, 2, 7-24-2018; Ord. No. 19-63, § 1, 4-9-2019; Ord. No. 19-66, § A, 11-12-2019)

Any term not defined herein shall have the meaning of common or standard use in planning and land use nomenclature.

(Ord. of 7-22-2013, § 2.04)