A.

In case of any difference of meaning or implications between the text of this ordinance and any caption the text shall control.

B.

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

C.

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

D.

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

E.

The word "person" includes a corporation or partnership as well as an individual.

F.

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

G.

Any word or term used in this ordinance and not herein defined shall be defined according to Webster's New World Dictionary of the American Language, Second Edition, Copyright 1970, by the World Publishing Company.

H.

Any consecutive section number omitted from this article at the date of adoption of this ordinance is reserved for future use of amendment of this ordinance.

Accessory use, structure or building. A use, structure or building which is clearly customarily incidental and appurtenant to the lot's or parcel's principal use, structure or building.

Affiliated agricultural operation. Affiliated means a farm within Porter Township under the same ownership or control (e.g. leased) as the roadside stand or farm market, but the roadside stand, market or facility does not have to be located on the same property where their production occurs. However, the market must be located on land where local land use zoning allows for agriculture and its related activities.

Agriculture enterprise, retail. A use associated with an agricultural operation, such as: community-supported agriculture or CSA, u-pick operation or pick-your-own operation, farm market, agro-tourism, interpretive farm, beekeeping/honey production, maple syrup production, commercial hunting grounds, agricultural processing, riding stables, animal shows, crop mazes, sales of agricultural related products, farm vacations, crafts, firewood and similar uses.

Agriculture related products. Agricultural, silvacultural (forestry) and horticultural products that are raised or produced by an affiliated agricultural operation and offered for sale to the general public, such as: food products; baked goods; ice cream and ice cream-based desserts and beverages; locally produced wine and/or hard cider in compliance with state regulations; Christmas trees, firewood and similar items; as well as souvenirs, gifts, clothing and similar items that promote agriculture and farmland preservation.

(Amend. eff. Jul. 8, 2016)

Building. A structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. For the purpose of this ordinance, a building includes a mobile home or house trailer when designed or used for human habitation.

Building height. The vertical distance measured from the established grade to the highest point of the roof(s surface.

Community supported agriculture (CSA). A CSA is 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.

Cottage, seasonal. A dwelling structure, used as or intended for use as temporary lodging for vacation-recreational purposes and not as the permanent year-round place of residence of the occupants. This section is a definition only and does not give rise to a permitted use except as may be permitted in a particular zone.

(Amend. eff. Jul. 8, 2016)

Drive-in restaurant or refreshment stand.Any place or premises used for sale, dispensing or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

Dwelling. A building which is occupied wholly as a home, residence or sleeping place by one or more human beings, either permanently or transiently, excluding any garage space. Said dwelling must comply with the following standards:

A.

It complies with the minimum square footage requirements for this ordinance for the zone in which it is located.

B.

It complies in all respects with the township building code, including minimum heights for habitable rooms.

C.

It is firmly attached to a permanent foundation constructed on the site in accordance with the township building code. Any attachments or additions shall also meet all applicable building codes and other state and federal regulations.

D.

It does not have exposed wheels, towing mechanism, undercarriage or chassis.

E.

The dwelling is connected to a public sewer and water supply or to such private facilities approved by the local health department.

F.

The dwelling contains storage area either in a basement located under the dwelling, in an attic area, in closet areas or in a separate fully enclosed structure on the site, said separate structure being of standard construction similar to or of better quality that the principal dwelling, such storage shall be in addition to the space for storage of automobiles and shall be equal to not less than 15 percent of the minimum square footage requirements of this ordinance.

G.

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity and with not less than two exterior doors with one being in the front of the dwelling and the other being in either the rear or side of the dwelling.

H.

The dwelling contains no additions or rooms or other areas which are not constructed with similar materials and which gave similar or better quality of workmanship as the original structure, including the above described foundation and permanent attachment to the principal structure.

I.

The dwelling complies with all pertinent building and fire codes including in the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended.

J.

The foregoing standards shall not apply to a mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the Township pertaining to such parks.

Dwelling, multiple-family. A residential building, other than a mobile home, designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family. A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

Dwelling, two-family. A detached residential building, other than a mobile home, containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit. A room or rooms connected together, constituting a separate, independent housekeeping establishment for one-family occupancy, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom and sleeping facilities.

Essential services. The phrase "essential services" means the erection, construction, alteration or maintenance by public utilities or principal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewer, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment, and accessories in connection therewith, including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

Family. For the purposes of this ordinance, a family is:

A.

One or more persons occupying a single-family dwelling unit all related by blood, legal adoption or marriage, and not more than three other persons.

B.

Not more than three unrelated persons. Domestic servants employed on the premises may be housed on the premises without being counted as a family or part of a family.

Farm. A "farm" means the land, plants, animals, buildings, structures, (including ponds used for agricultural activities), machinery, equipment, and other appurtenances used in the commercial production of farm products.

Farm market. A place or an area where transactions between a farm market operator and customers take place. It does not necessarily mean a physical structure such as a building and is considered part of a farm operation. At least 50 percent of the products marketed and offered for sale at a farm market (measured during a farm market's season) 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 Michigan 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. A "farm product" means those plants and animals useful to humans produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae (deer), livestock (including breeding and grazing), equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur as determined by the Michigan Commission of Agriculture and Rural Development.

Farm vacation. Temporary residency on the premises by paying transient guests for the purpose of observing or participating in the ongoing activities of an agricultural operation and learning about agricultural life.

Floor area. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of a building shall be measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, or space used for off-street parking, breezeway, and enclosed and unenclosed porches, elevators or stair bulkheads, common hall areas and accessory structures.

(Amend. eff. Jul. 8, 2016)

Gasoline station. Buildings and premises where automobile and other motorized-vehicle fuel, oil, grease, batteries, tires and accessories are sold at retail, and where other incidental services and sales are made.

Grade. Adjacent ground level of the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line of five feet from the building.

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

Lot. For the purpose of this ordinance, a lot is a parcel of land of at least sufficient size exclusive of road and street right-of-way and areas under water to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as area herein required. The word lot includes the words plot and parcel. Such lots shall have frontage on a recorded or public or private street. In no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this ordinance.

Lot frontage. The front of a lot generally shall be construed to be the portion nearest the street. For the purposes of determining yard, requirements on corner and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under yards in this section; provided however, that frontage for lake and riverfront lots shall be governed by section 4.04.

Lot measurements.

A.

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the area.

B.

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, provided however, that in determining lot frontage on odd shaped lots if the lot abuts on the outside curve boundary of a curving street and as a result the side lot lines diverge toward the rear, the measurements of width may be taken at the front of the building line of the principal building; and provided further that if the lot abuts on an inside curve boundary of a curved street wherein the lot lines converge toward the rear, the measurement width shall be taken at the rear line of the principal building or at 30 feet behind the front setback line, parallel to the street or street chord.

Lot of record. A lot which is part of a subdivision recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds the description of which has been so recorded.

Mobile home. A vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to required utilities, and which is, or is intended to be, attached to the ground, to another structure, or to a utility system on the same premises, and which meets all requirements. A "double-wide" mobile home is one which meets the foregoing description and requirements and which consists of two sections designed to be combined at the site to form one mobile home.

Mobile home park. Any parcel or tract of land licensed and regulated under provisions of the State Trailer Coach Park Act, being Act 243 of the P.A. of 1959 as amended, under the control of any person, upon which three or more occupied mobile homes are harbored on a continual or nonrecreational basis, or which is offered to the public for that purpose, regardless of whether a charge is made thereof, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the harboring or occupancy of mobile homes.

Mobile home subdivision. A "subdivision" as defined by the State Subdivision Act, being Act 288 of the P.A. of 1967, as amended, which has been expressly established for the sole purpose of selling lots on which mobile homes may be used and occupied for residential purposes and which has been established in full compliance with all applicable provisions of the aforementioned act and all other applicable state, county and township regulations.

Modular dwelling. A premanufactured dwelling consisting of an assembly of materials or products intended to comprise all or part of such dwelling and that is assembled at other than its use location except for incorporation with similar units at the use location for the formation of a single structure, and which meets all requirements of "Part 4 Building Code" being a part of the Michigan Construction Code promulgated pursuant to Act 230, P.A. of 1972, as amended, and which is certified and identified in accordance with "Part II", Pre-manufactured Units, also being part of said construction codes.

Nonconforming lot, structure or use. A lot, structure or use of land which was legally established and in full conformance with all applicable federal, state, county and township acts, ordinances and rules and regulations at the time of establishment previous to the effective date of this ordinance, but which does not conform to the requirements of this ordinance by reason of location within a zoning district established by this ordinance, or by reason of nonconformance with size, bulk height, minimum yards, kind of structure or use, or other applicable requirements of this ordinance.

Products marketed. For purposes of determining the percentage of products being marketed, the primary measure will be 50 percent of the retail space used to display products offered for retail sale during the affiliated farm's marketing season. If measurement of retail space during the marketing season is not feasible, then the percent of the gross sales dollars of the farm market will be used. At least 50 percent of the gross sales dollars of products sold at the farm market need to be from products produced on and by the affiliated farm. For processed products, at least 50 percent of the products' main 'namesake' ingredient must be produced on and by the affiliated farm. For example, the apples used in apple pie, maple sap in maple syrup, strawberries in strawberry jam, etc.

Processed farm product. A farm product or commodity may be processed, in accordance with state and federal laws, to convert it into a value-added product that is more marketable for direct sales. Processing may include packing, washing, cleaning, grading, sorting, pitting, pressing, fermenting, distilling, packaging, cooling, storage, canning, drying, freezing, or otherwise preparing the product for sale. These activities can be used to extend a farm market's marketing season beyond its production season.

(Amend. eff. Jul. 8, 2016)

Recreational vehicle. A vehicle designed to be used primarily for recreational purposes, including temporary sleeping quarters and/or cooking facilities, or a unit designed to be attached to a vehicle and used for such purposes, including self-propelled motor homes, pickup campers, travel trailers and tent trailers, provided that any such vehicle or unit which is forty (40) feet or more in overall length shall be considered a mobile home and shall be subject to all regulations of this ordinance applicable to mobile homes.

Restaurants. A building in which food is prepared and sold for consumption within the building, as opposed to a drive-in restaurant establishment where food may be taken outside of the building for consumption either on or off the premises.

Roadside stand. A temporary operation established in accordance with local ordinance and operated in compliance with Michigan P.A. 92 of 2000, as amended, where individuals may transport and sell fruits, vegetables or other agriculturally-related products grown or produced entirely on their own property.

(Amend. eff. Jul. 8, 2016)

Special use. A use that would not be appropriate generally, or without restriction, throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted upon issuance of a special use permit by the Township Board in such zoning districts as special uses under specific provision for such special uses as made in this ordinance.

Story, half. An uppermost story lying under a sloping roof. The useable floor area of which does not exceed 75 percent of the floor area of the story immediately below it and not used or designed or arranged or intended to be used in whole or part as an independent housekeeping unit or dwelling.

Street. A thoroughfare for vehicular traffic, including all area within the right-of-way, paved or unpaved open to the public use.

Street line. The right-of-way line of a street or easement for ingress and egress.

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

Travel trailer. A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and a body length not exceeding 40 feet.

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

(Amend. eff. Jul. 8, 2016)

Variance. A relaxation of the terms of the zoning ordinance where, in the judgment of the board of appeals, such variance will not be contrary to the public health, safety or welfare, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in practical difficulty or undue hardship of use. As used in this ordinance, a variance is authorized only for height, area and size of structure, or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining district.

Waterfront lot. A lot that abuts a water, stream, pond, river or lake.

Yard. A required open space between a lot line and a structure or group of structures, other than a court, unoccupied and unobstructed by any structure or portion of a structure, except as provided within this ordinance; provided, however, that fences, walls, poles, posts and other customary yard accessories, furniture and ornaments may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

Yard, front. A yard extending between side lot lines across the front of a lot adjoining a public street. Front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a lot is not in keeping with the prevailing yard pattern in the immediate area, the zoning administrator may waive the requirement for the setback of a normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. Every corner lot abutting on two or more streets shall have minimum setbacks from all streets equal to the front setback of the district in which it is located; provided, however, that this does not reduce the build-able width of any lot of record to less than 25 feet. On corner lots where a rear lot line abuts a side lot line on the adjoining lot, accessory buildings on the corner lot shall have a rear yard setback from the rear lot line a distance equal to the side yard setback required for the district.

Yard, front—Lake frontage. For all lakefront lots, the front yard is that portion of the yard bordering the lake and the measurement should start at the high-water mark.

Yard, rear. The yard extending across the rear of a lot, between side lot lines and behind the building line. The depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with the inner edge parallel with the rear lot line.

Yard, rear—Waterfront. That portion lying between the foundation and road right-of-way.

Yard, side. A yard extending from the side lot line to the building line.

(Amend. eff. Dec. 21, 2009)