Sec. 4. Words used in the present tense include the future; words in the singular number include the plural number; the word "shall" is mandatory. For the purpose of these regulations, certain terms and words are defined as follows:

1.

Accessory buildings or uses. A use of a building, lot or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot, [which] does not include agricultural buildings. (See Building, Accessory)

2.

Agribusiness. Those businesses that are related to, but not necessarily restricted to, agriculture.

3.

Agriculture. The use of land for raising crops and livestock, including poultry, and the sale thereof.

3A.

Agritainment. Events and activities such as but is not limited to corn mazes, hay rides, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activity on-site.

3B.

Agritourism enterprise. Activities conducted on a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be related to agriculture or natural resources and incidental to the primary operation on the site. This term includes but is not limited to farm tours, hayrides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above, and similar uses.

4.

Animal. An organism, other than a human or plant, that is characterized into one of the following three categories:

1)

Domestic: This category would typically include those animals that have adapted well to human interaction, primarily excluding those utilized for production of food products. These would include those animals residing within the dwelling as pets, such as dogs, house cats, and certain types of other small domesticated animals (such as birds and reptiles), but excluding those listed in either the livestock or exotic categories. Such animals are deemed not to be a threat to humans, are nonpoisonous or not carriers of disease and/or not likely to bite without provocation (or appropriately caged), and in good health. The keeping of four or more of these domesticated animals, excluding those within the first six months of birth produced by an existing pet, shall be subject to regulation as a commercial kennel.

2)

Livestock: This category would typically include those other domesticated animals that are primarily utilized for the production of food or are in the large animal category. These would include those animals that are presently listed under the classification of animal units associated with livestock operations. This includes cattle, swine, horses, sheep, goats, turkeys, chickens and ducks. Similar animals raised for pleasure or profit, such as ostrich or llamas, may also be included in this category. The keeping of livestock shall require a minimum parcel area of one acre or more, depending upon the number of animal units.

3)

Exotic: This category would typically include all other animals but can be further differentiated as either being native or non-native. In Michigan, native animals may include those found in the wild throughout the State or within some small areas. Some of these animals may be endangered or on a protected list (cannot be hunted), while others may be subject to game laws with duration of the hunting season limited by the State of Michigan Department of Natural Resources. Non-native would include those not found in Michigan. This category of animal is only permitted within zoological parks or similar wildlife preserves.

5.

Animal unit:

6.

Apartment house. A building used and/or arranged for rental occupancy, or cooperatively owned by its occupants, having three or more family units, and with a yard, compound, service, or utilities in common.

7.

Barn. An enclosed building which is located on a farm and used either for the shelter of farm animals, storage of farm produce and/or equipment.

8.

Basement. That portion of a building below the first floor joists, at least half of whose clear ceiling height is above the average level of the adjacent ground, [which] may be used for habitation.

9.

Boardinghouse. A dwelling in which lodging or meals, or both, are furnished to three or more guests for compensation.

10.

Building. A structure with a roof designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

11.

Building, accessory. A building subordinate to, and located on, the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or common roof to the main building. Accessory buildings include detached garages, sheds, or other detached buildings intended for storage purposes. Mobile homes, semi-trailers or similar enclosures may not be utilized as accessory buildings.

12.

Building height. The vertical distance measured from the average grade at the building to the average elevation of the roof of the highest story.

13.

Building line. A line beyond which the foundation wall or any enclosed porch, vestibule or other portion of a building shall not project. Roof may project two and one-half feet beyond the building line.

14.

Campground. A parcel or tract of land under the control of any person wherein sites are offered for use by the public or members of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for five or more recreational units.

15.

Care home. (see group care facility) State licensed rest and nursing homes, convalescent homes and boarding homes; established to render nursing care for chronic or convalescent patients but excludes facilities for care of violent patients. The number of occupants of a care home and the distance between care homes (1,500 feet minimum) shall be limited as required by State law.

16.

Cellar. That portion of a building below the first floor joists at least half of whose clear ceiling height is below the average level of the adjacent ground. Such a portion of a building shall not be used for habitation. See "Earth Sheltered Home."

17.

Collection station. See "Transfer Facility."

17A.

Commercial solar energy system. A solar energy system with a building-mounted and/or ground-mounted collector array and related apparatus with a design capacity of 25—250 Kw and covering an area not exceeding 40,000 square feet, intended to generate electricity for the premises on which the system is located and for connection to a public utility power grid.

17B.

Common element. An unoccupied or open space area within a condominium project, a site condominium subdivision or a planned unit development that is reserved for the enjoyment of all residents (a general common element) or for the benefit of some residents (a limited common element) and maintained by those residents through associations.

17C.

Condominium unit. That portion of a condominium project or site condominium subdivision that is designed and intended for separate ownership and use, as described in the Master Deed. The term "condominium unit" shall be considered the equivalent to the term "dwelling unit".

18.

Day care home. State licensed homes for temporary (not overnight) residence. The number of care residents and the distance between facilities shall be limited as required by State law.

19.

District. An area within which certain uses of land and buildings are permitted and all others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for the district in which they apply.

20.

Dock. A platform, either permanent or portable, extending over a body of water, from which one can fish, swim, moor or board boats.

21.

Dwelling. A building or portion thereof arranged or designed to provide living facilities for one or more families. See section 14. [Note: section 14 is now section 200.501]

22.

Dwelling, single family. A building containing not more than one dwelling unit.

23.

Dwelling, two family. A building containing not more than two separate dwelling units.

24.

Dwelling, multiple-family. A building containing three or more dwelling units, (an apartment house).

25.

Dwelling unit. A building or portion thereof arranged or designed for permanent occupancy by not more than one family for living purposes and having cooking facilities.

25A.

Accessory dwelling unit. An accessory dwelling unit (ADU) is an attached or detached, self-contained dwelling unit located on the same premises as an existing single-family residence.

26.

Dump. (See "Landfill")

27.

Earth sheltered home. A dwelling in which more than one-half of the clear ceiling height of the top floor is below the average level of the adjacent ground and in which the building code requirements for ventilation, light and window area are satisfied.

27A.

Event barn. A pre-existing barn formerly used for agricultural purposes which has been renovated for seasonal use as a venue for gatherings such as weddings, private parties, meetings and similar events.

28.

Excavations, commercial (mining). The permanent removal of soil, sand, gravel, rock, minerals, clay or other earthen material from a land surface. When primarily for carrying on a business or manufacturing operation for the purpose of sale, exchange, processing or manufacture. Does not mean grading or filling incidental to the improvement of the land.

29.

Facilities and services. Those facilities and services that are normally accepted as necessary for urban living such as paved streets, public and/or private water supply and sanitary sewer systems, storm drainage systems, schools, parks and playgrounds.

30.

Family:

a.

An individual or group of two or more persons related by blood, marriage or adoption, including those related as foster children and servants, together with not more than one additional unrelated person, who are domiciled together as a single, domestic, non-profit housekeeping unit in a dwelling unit, or

b.

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single, non-profit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.

31.

Farming. Agricultural activity or the raising of livestock or poultry as a source of income.

32.

Feedlot. An enclosed area occupied by a high concentration of livestock.

33.

Floor area. The total enclosed floor area of a structure excluding the floor area of unhabitable basements, cellars, garages, accessory buildings, attics, breezeways and porches.

34.

Frontage. [Deleted by Ordinance No. 136, adopted July 11, 2005.]

35.

Front yard. (See "Yard")

36.

Garage. Enclosed structure intended primarily for storage and shelter of one or more vehicles.

37.

Gasoline service station. Building or lot, or portions thereof, used and limited in function to retail sale of gasoline, oil, grease, anti-freeze, tires, batteries and automobile accessories, and such services as lubrication, washing, polishing and other minor servicing to motor vehicles.

38.

Group care facility. A facility to provide services to two or more individuals who may be unrelated and are handicapped, aged or disabled and are undergoing rehabilitation to meet their individual needs. A group care facility may provide resident quarters which are licensed or supervised by the State of Michigan.

39.

High water line. That elevation of a body of water where it borders the land, which is either officially recorded or reasonably identified as the known high water elevation.

40.

Home occupation. An occupation customarily engaged in by residents in their own dwelling, (see section 9.5). [Note: section 9.5 is now section 200.65]

41.

Hospital. Any institution, including a sanitorium, which maintains and operates facilities for overnight care and treatment of two or more non-related persons as patients suffering mental or physical ailments, but not including any dispensary or first aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent, or a convalescent home, as previously defined.

42.

Hotel. A building occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, except for the management.

43.

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

44.

Intensive livestock operation. Any farm or farm operation engaged in raising, breeding, or feeding of livestock or poultry in concentrations of three hundred or more animal units.

45.

Junk yard. Any land or building used for commercial, storage and/or sale of paper, rags, scrap metals, other scrap or discarding materials, or for the dismantling, storage or salvaging of automobiles or other vehicles not in running condition, or of machinery or parts thereof, but not to be used as a dump.

46.

Kennel. Any lot or premises used for the keeping, boarding, breeding, or training of four or more dogs over the age of six months with or without remuneration. For recorded plats see section 16.A. [Note: section 16.A is now section 200.611]

47.

Lake lots, front yard. Open space extending along the full width of the lot between the principal building and the high water line of the adjoining lake.

48.

Lake lots, rear yard. Open space extending along the full width of the lot between the principal building and the street right-of-way line of the street used for the purpose of assigning official street address numbers to the structure.

49.

Landfill. Any premises used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose of trash, refuse or waste material of any kind.

50.

[Deleted by Ord. No. 143, adopted November 12, 2007.]

51.

Lot. Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance for a lot in the district in which such lot is situated, and having the required frontage on a street. (See lot of record)

52.

Lot area. The total horizontal area included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.

53.

Lot, depth of. The average horizontal distance between the front lot line and rear lot line.

54.

Lot, front of. The side or sides of an interior or through lot which abuts a street; in a corner lot, the side or sides abutting either street may be considered as the front lot line provided that the side selected as the front has the required minimum lot frontage.

55.

Lot frontage. That portion of the lot extending along the street line. In odd-shaped or triangular-shaped lots the length of the lot at the street line may be reduced, provided the required lot frontage is achieved at the required front yard setback line.

56.

Lot of record. A lot, the dimensions and configuration of which are shown on a map recorded in the office of Register of Deeds of Kalamazoo County or a lot or parcel described by meets and bounds and likewise so recorded in the office of the Register of Deeds. A lot of record shall be deemed a buildable lot provided the construction complies with minimum setbacks and maximum building coverage for the zoning district in which the lot is located.

57.

Lot, interior. A lot other than a corner lot.

58.

Lot width. The minimum required width of the lot, measured at either the street line or at the required front yard setback line.

59.

Manufactured home. A structure, transportable in one or more sections which is built and is designed to be used as a dwelling with a permanent foundation and meets all applicable building codes.

59A.

Master deed. The condominium document recording the condominium project or site condominium subdivision as approved by the Township. Such master deed shall be attached as an exhibit to the site plan or subdivision plan and incorporated by reference in the approved bylaws for the project or subdivision.

60.

Migrant worker. Any person working on a farm pursuant to a permit issued by the State of Michigan.

61.

Mobile home. "Mobile home" means a structure, transportable in one or more sections, which is built on 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. Mobile home does not include a recreational vehicle.

62.

Mobile home park. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

63.

Mobile home site. The entire area which is designated for use by a specific mobile home.

64.

Motel. A group of attached or detached dwellings not more than two stories in height containing guest rooms which are provided for transient occupancy only, including auto courts, motor lodges and tourist homes.

65.

Non-conforming uses. The use of a building or of land lawfully existing at the time this Ordinance became effective but which does not conform with the present use regulations of the district in which it is located.

66.

Nursing home. An establishment or institution, other than a hospital, having as one of its functions the rendering of healing, curing or nursing care for periods of more than 24 hours to individuals afflicted with illness, injury, infirmity or abnormality.

67.

Parking space, automobile. That area required for the parking or storage of one automobile. Not less than 200 square feet with a minimum width of nine feet. Topsoil must be removed and a stable drained surface must be provided.

67A.

Planned unit development (PUD). A PUD is a special exception use that provides for flexibility in the design and layout while adhering to the density established by the lot area requirements for the district in which it is approved. A condominium project may be established under planned unit development.

67B.

Planning Commission. Pavilion Township Planning Commission.

68.

Plat. A recorded and approved subdivision of land.

68A.

Private accessory solar energy system. A solar energy electricity system with a building-mounted and/or ground-mounted collector array and related apparatus with a design capacity of not more than 25 Kw intended to generate electricity only for the premises on which the system is located and in some instances, on neighboring premises, and not connected to a public utility power grid; provided, this term is not intended to include a solar energy collector device not exceeding five square feet in area and not less than six feet above ground, including, but limited to, such a device generating electricity for a livestock confinement fence.

68B.

Private road. [Deleted by Ordinance No. 136, adopted July 11, 2005.]

69.

Rear yard. (See "Yard")

70.

Recreational vehicle. A vehicle primarily designed and to be used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

70A.

Residential care facilities. Homes or care facilities providing care services on a part-time or full-time basis. Such uses are established as permitted or special uses based upon their compatibility with uses in those individual zoning districts and state licensing requirements as follows:

Family care homes: Includes child day care, child foster care and adult day care for six or fewer individuals within a residential setting. Such use is considered a permitted use in any district that permits single family dwellings, subject to definition and state licensing requirements. No non-resident employees are permitted and such use shall operate less than 12 hours per day.

Group care homes: Includes group day care and group foster care for between seven and 12 children within a residential setting. Such use shall be established as a special use, or as a permitted use subject to the same conditions and meet state licensing requirements. A resident employee is required and no more than one non-resident employee is permitted. Such use shall operate less than 24 hours per day.

Limited residential care facilities: Includes all other adult foster care and child day care and child foster care for up to 25 individuals, subject to state licensing requirements. This would include nursing homes, assisted living facilities and senior housing for up to 25 people. It is anticipated that these facilities would operate 24 hours per day and would include non-resident employees. Such facilities should be located within high density residential or office/business settings.

Full residential care facilities: Includes commercial day care centers, nursing homes, assisted living facilities or other congregate care and/or senior housing facilities. Such use shall be considered a commercial use and include part-time and full-time staff and/or access to medical staff.

This definition shall include and regulate unlicensed residential facilities and those licensed by the State of Michigan. It does not include facilities providing treatment, such as substance abuse, or rehabilitation, such as halfway houses, or other uses regulated by the Department of Corrections.

71.

Road. (See "Street")

72.

Shelter, fall-out. A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fall-out, air raids, storms, or other emergencies. Fall-out shelters constructed completely below the ground level, except for a vent not exceeding thirty inches in height above ground level, may be contained within any yard area.

73.

Shopping center. A group of five or more commercial establishments planned, developed and managed as a unit, with off-street parking provided on the same property and related in location, size and type of shops in the center.

74.

Sign. Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, which displays numerals, letters, words, trademark or other representation used for direction, or designation of any person, firm, organization, place, product, service, business, or industry which is located upon any land, on any building, in or upon a window, or indoors in such a manner as to attract attention from outside the building, or in or on any vehicle. A permit is required before the placement of a sign over two square feet in size [is made] within the Township.

75.

Sign area. The sign area is the surface of the structure used to convey the message exclusive of the necessary supports or any appurtenances required by the building code. The area of open sign structures, consisting of letters or symbols without a solid surface in-between, shall be calculated on the basis of the total area within the perimeter of the group of letters and/or symbols. The area of a double face sign, which is constructed back to back as a single unit, shall be calculated according to the surface area of one side only.

76.

Sign outdoor advertising. A sign which calls attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on the premises upon which the sign is located.

76A.

Site condominium. The term "site" shall be considered the equivalent of the term "lot" for purposes of determining the design and layout of a condominium project or site condominium subdivision. A site condominium project may be approved as a PUD through the special exception use process, including site plan review, or as a site condominium subdivision through the Township's Subdivision Control Ordinance. In this latter instance, the process of final approval of the plat by the State of Michigan shall be replaced with the recording of the Master Deed.

77.

Special exception (special land use). The granting to a petitioner, by the Planning Commission, certain uses of land and/or buildings, because of their particular nature and due to certain circumstances, to become established as provided in this Ordinance, (see section 9.8). [Note: section 9.8 is now section 200.608]

78.

Special exception uses (special land use). Uses of land and/or buildings, because of their particular nature and due to certain circumstances are designated as exceptions, and may be permitted to become established within those districts as specified in this Ordinance, (see section 9.8). [Note: section 9.8 is now section 200.608]

79.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or of the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exposed exterior walls of such story, or if it is used for business or dwelling purposes.

80.

Street. A public dedicated right-of-way which provides primary access to abutting properties, and over which the public has easement of vehicular access.

81.

Structure. Anything constructed, assembled or erected, the use of which requires location on the ground or attachment to something having location on or in the ground, and shall include fences which are more than 50 percent solid, tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports used for business or living purposes. The word "structure" shall not apply to wires and their supporting poles or frames of electrical or telephone utilities, or to service utilities entirely below the ground.

82.

Subdivision. The division of a parcel of land into two or more parcels. Also see the definition of Plat.

83.

Transfer facility. A tract of land, building, unit or appurtenance of a building or unit or combination of land, buildings, and units that is used or intended for use in rehandling or storage of solid waste incidental to the transportation of the solid waste.

84.

Travel trailer. A structure designed to provide temporary living quarters for recreational, camping or travel use; constructed on a chassis with wheels so that it may be towed by a motor vehicle.

84A.

Truck terminal. An area and building where trucks load and unload cargo and freight where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. These facilities are trans-shipment facilities including storage and parking of trucks awaiting cargo as well as facilities for servicing trucks.

85.

Use. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended and for which it is, or may be used, occupied or maintained.

85A.

Utility-scale solar energy electricity generating facility. A facility comprised of multiple ground-mounted and/or building-mounted photovoltaic energy collector panels and associated apparatus with a design capacity exceeding 250 Kw or covering a total area exceeding 40,000 square feet, designed and intended to generate electricity exclusively for a public utility power grid, or primarily for a public utility power grid and incidentally for the premises on which the system is located, including for the facility itself.

86.

Variance. The granting to a petitioner, by the Board of Appeals, permission to vary from the strict application of this Ordinance as provided in section 6.2. [Note: section 6.2 is now section 200.802]

87.

Yard. Open space on the same lot with a building or group of buildings, lying between the building and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except for plants, trees, shrubs, or fences. Lake lots shall have the front yard established between the principal building and the high water line of the adjoining lake.

88.

Yard, front. Open space extending across the full width of lot between the front lot line or the proposed street line and the nearest line of the building or portion thereof. The depth of such yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any portion thereof.

89.

Yard, rear. Open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch or projection thereof. The depth of such yard is the average horizontal distance between the rear lot line and the nearest point of the building.

90.

Yard, side. Open space between side lot line, the side street line, or the proposed side street line, if such line falls within the lot, and the nearest line of the building, porch, or projection thereof, extending from the front yard to the rear yard or, in the absence of either of such yards, to the front lot line or rear lot line. The width of a side yard shall be the shortest distance between the side lot line and the nearest point of the building, porch or projection thereof.

91.

Zone. (See "District")

(Ord. No. 93, 8-13-90; Ord. No. 105, 5-8-95; Ord. No. 123, 11-12-01; Ord. No. 133, 6-1-04; Ord. No. 136, 7-11-05; Ord. No. 143, § 1, 11-12-07; Ord. No. 163, § 1, 12-10-18; Ord. No. 169, §§ IV, XV; Ord. No. 173, § 3, 2-14-22; Ord. No. 176, § 1, 12-12-22; Ord. No. 177, § 1, 11-13-23; Ord. No. 183, § V, 6-9-25)