For the purpose of this Ordinance, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The term "person" shall mean an individual, partnership, corporation, or other association or their agents. The words used or occupied include the words intended, designed, or arranged to be used or occupied. Terms not herein defined shall have the meanings customarily assigned to them.

ACCESSORY BUILDING - A detached structure on the same lot with and of a nature customarily incidental to the principal structure.

ACCESSORY USE - A use naturally and normally incidental and subordinate to, and devoted exclusively to the main use of the premises.

ADULT USE -

Adult book store. An establishment having as a substantial or significant portion of its stock in materials, devices, objects, goods, trade, books, magazines, and other media or periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", or an establishment with a segment or section devoted to the sale or display of such material.

Adult motion picture theater. A building or area used for presenting material 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.

Adult video store. An establishment having as a substantial or significant portion of its stock in trade, pictures, films or videotapes which are characterized or distinguished by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as further defined).

Cabaret. A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators (of an adult nature) or similar entertainers.

Specified anatomical areas:

a.

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

b.

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

Specified sexual activities:

a.

Human genitals in a state of sexual stimulation or arousal.

b.

Acts of human masturbation, sexual intercourse or sodomy.

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Amended: December 4, 2012

AGRIBUSINESS USE - Any fixed or mobile retail food establishment which is engaged primarily in the sale of raw agricultural products, but may include packaged food products. Such business shall be clearly incidental and accessory to the principal agricultural use.

AGRICULTRAL TOURISM - Agriculturally related uses that are subordinate to the growing of crops or the raising of livestock, designed to bring the public to the farm on a temporary or continuous basis, such as U-pick farm sales, retail sales of farm products, farm mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farmland and facility tours, horticulture nurseries and associated display gardens, cider mills, wineries, classes or workshops, etc.

AGRICULTURAL USE - Farmland devoted to the production of plants and animals useful to man, including forages and sod crops; grains and feed crops; dairy and dairy crops; livestock, including breeding and grazing; fruits; vegetables; and other similar uses and activities.

ALLEY - A public way which affords a secondary means of access to abutting property typically at the rear of a building and not intended for general traffic circulation.

ALTERATIONS - Any change, addition or modification in construction, appearance or type of occupancy.

ALTERATIONS, STRUCTURAL - Any change in the number of exits in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders or any substantial change in the roof.

ANIMAL UNIT - As described in the State of Michigan Generally Accepted Agricultural and Management Practices (GAAMPS), one (1) animal unit is defined as one thousand (1,000) pounds of live weight.

APARTMENT - The term "apartment" is the same as dwelling, multiple family.

AUTOMOBILE REPAIR - General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; overall painting and vehicle rust proofing.

AUTOMOBILE SERVICE STATION - (GAS STATION) A building or premises designed or used for the retail sale or supply of fuels (stored only in underground tanks), lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space or facilities for the installation of such commodities on or in such vehicles, and including space or facilities for the storage, minor repair or servicing, but not including bumping, painting, refinishing, muffler installation where the primary use of the premises is such, thereof. A service station is not an automobile repair or body shop. An automobile service station may also contain general retail sales space for convenience goods.

AUTOMOBILE WASH ESTABLISHMENT - (CAR WASH) A building, or a portion thereof, the primary purpose of which is that of washing motor vehicles.

BASEMENT - That portion of a building which is partly or wholly below grade but so located that the average vertical distance from the grade to the floor is greater than the average vertical distance from the grade to the ceiling; provided, however, that if the average vertical distance from the grade to the ceiling is five (5) feet or more, such basement shall be considered as a story.

BED AND BREAKFAST ESTABLISHMENT - shall be defined as in PA 92 of 2000, as amended.

BERM - A mound of soil/earth graded and shaped in such a fashion as to be utilized for screening purposes.

BILLBOARD - A billboard shall mean any structure or portion thereof designed or intended to be used for posting, painting, or otherwise affixing any advertising sign, which does not pertain to the premises or to the use of premises on which it is located.

BOARD OF APPEALS - The Zoning Board of Appeals of the Township of Ray.

BOARDING HOUSE - A building (includes rooming house or lodging house) where lodging and/or meals, are provided for compensation to three (3) or more persons.

BUILDABLE AREA - The space remaining after compliance with the minimum required setbacks and the minimum open space requirements of this Ordinance.

BUILDING - A structure, either temporary or permanent, having a roof or cover supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels, is a building. This shall not include buildings of less than six (6) square feet such as a dog house. This shall include tents, awnings, or vehicles situated on private property and used for purposes of a building.

BUILDING HEIGHT - For both principal and accessory structures, building height shall be measured from the lowest ground elevation at the base of the structure, to the ridgeline if the roof is flat; to the deck line if the roof is a mansard type; and, to the average height between the eaves and the ridge if the roof is a gable, hip, or gambrel type.

BUILDING LINE - A line established, in general, parallel to the front street right-of-way line at the minimum front yard setback distance.

CLINIC - A place for the care, diagnosis, and treatment of sick or injured persons, and those in need of medical or minor surgical attention. A clinic may include one or more dentist or doctor offices. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for in-patient care.

COMMERCIAL VEHICLE - Any self propelled or towed vehicle used for the shipping or transporting of persons, goods and/or materials which has a gross vehicle weight of or exceeding 24,000 pounds.

COMMISSION - The word "Commission" shall mean the Ray Township Planning Commission.

CONDITIONAL USE - A use specified in this Ordinance as permissible in a specific use district only after special conditions are met. (uses permitted after special land use approval).

CONDOMINIUMS -

(1)

A building, a group of buildings or a property in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

(2)

Condominium Act means Act 59 of 1978, as amended.

(3)

Condominium Subdivision Plan means the site plan illustrating the existing site features and all proposed improvements pursuant to the requirements for site plan review.

(4)

Condominium Unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

(5)

Master Deed means the condominium document recording the condominium project as approved by the Township, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the site.

CONSUMER FIREWORKS - means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5 Consumer Fireworks does not include low-impact fireworks.
Amended: December 4, 2012

CONVALESCENT HOME OR NURSING HOME OR REST HOME - A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and/or medical care.

DISTRICT - A portion of the Township within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

DRIVE-IN/THRU - A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle. (e.g., restaurants, cleaners, banks, theaters).

DRIVE, PRIVATE - A means of vehicle access serving one property, or one dwelling.

DWELLING - A building or portion thereof, used exclusively for residential occupancy but not including hotels, motels, boarding houses, travel trailers, and the like.

DWELLING, MULTIPLE - A building or portion thereof, used or designed as residences for three (3) or more families living independently of each other (i.e., apartment).

DWELLING, SINGLE-FAMILY OR ONE-FAMILY - A detached building designed for or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY - A detached building, designed for or occupied exclusively by two (2) families living independently of each other such as a duplex dwelling unit.

DWELLING UNIT - A room or rooms connected together constituting a separate, independent housekeeping establishment for one family only, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities. In no case shall a travel trailer, automobile or truck chassis, or tent be considered a dwelling unit.

ENCLOSED LOCKED FACILITY - A closet, room or other comparable stationary and fully enclosed area equipped with secure locks or other functioning security devices that permit access only by a registered primary care giver, or registered qualifying patient.

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

ESSENTIAL SERVICES - The term "essential services" means the erection, construction, alteration, maintenance, addition, reconstruction, or replacement by public utilities or municipal departments or commissions of underground, surface or overhead distribution of gas, electricity, communications (excluding commercial radio, television, cellular, digital, and other transmitting or relay, antenna, towers or monopoles), steam or water transmission or distributing systems, collection, supply or disposal system, including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service to this municipality and immediate surrounding territory by such public utilities or municipal departments or commissions. Such facilities, both above and below ground, designated to serve users outside of this municipality and immediate surrounding territory shall not be considered essential services under this definition.

EXCAVATING - Excavating shall be the removal of sand, stone, gravel or dirt below the average grade of the surrounding land and/or road grade, whichever shall be the highest.

FAMILY -

A.

A domestic family, that is, one (1) or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one (1) additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.

B.

The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family, with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie organization or group whose association is temporary or seasonal in character or nature. For the purposes of enforcement, it is presumed that a functional equivalent of a domestic family is limited to six (6) or fewer persons.

FARM - Refer to Farmland

FARM BUILDINGS - Any building or structure other than a dwelling, moved upon, maintained, used or built on a farm which is essential and customarily used on farms of that type for the pursuit of their agricultural activities.

FARMLAND - Shall be defined by any of the following: 1) A farm of 40 or more acres, in one ownership which has been devoted primarily to an agricultural use, 2) A farm of 5 acres or more in one ownership, but less than 40 acres, devoted primarily to an agricultural use, which has produced a gross annual income from agricultural of $200.00 per year or more per acre of cleared and tillable land, 3) A farm designated by the Department of Agriculture as a specialty farm in one ownership which has produced a gross annual income from an agricultural use of $2,000.00 or more, at least 15 acres in size, or 4) Parcels of land in one ownership which are not contiguous but which constitute an integral part of farming operations being conducted. If any discrepancy arises, the Farmland and Open space Preservation Act (P.A. 116) shall override this ordinance. Amended:

FARM FISH or RECREATION POND - A water impoundment made by constructing a dam, embankment or other impediment, or by excavating a pit or depression to provide water for livestock, fish and wildlife, fish production, recreation, fire control, crop and orchard spraying and related uses. Detention or retention ponds shall not constitute a farm, fish or recreation pond.

FEED LOT - A lot or area in which cattle, livestock or hogs or similar animals are confined in high densities or numbers which require feed areas, corrals or holding pens, feed storage and diversion channels or detention ponds to process, treat, or store animal waste and water runoff. Any such feed lot shall meet the minimum standards set by the Extension Agricultural Engineer at Michigan State University or the Macomb County Cooperative Extension Service.

FILLING - Shall mean the depositing or dumping of any matter onto, or into the ground, except common household gardening.

FLOOR AREA - Area measured to the exterior face of exterior walls and to the centerline of interior partitions.

FLOOR AREA, USABLE, NON-RESIDENTIAL - The sum of the horizontal area of the first story measured to the exterior face of exterior walls, plus, similarly measured, that area of all other stories, including mezzanines, which may be made fit for occupancy, including the floor area of all accessory buildings measured similarly and the floor area of basements used for activities related to the principal use, such as storage, but excluding furnace and utility rooms. Parking space located within a building shall not be considered usable floor.

FLOOR AREA, USABLE, RESIDENTIAL - The sum of the horizontal area of the first story measured to the exterior face of exterior walls, plus, similarly measured, that area of all other stories having more than eighty-four (84) inches of headroom which may be made usable for human habitation, but excluding the floor area of basements, attics, garages, breezeways, porches and accessory buildings.

GARAGE, PRIVATE - An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of

the building to which it is accessory.

GREENBELT - A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as a landscape area, an obscuring screen or buffer strip in carrying out the requirements of this Ordinance.

GROSS ANNUAL INCOME, farming related - An average income computed from two of the three tax years immediately preceding the current from the raising or harvesting of any agricultural commodities.

GROSS VEHICLE WEIGHT - As defined within the Motor Carrier Safety Act: the combined weight of a motor vehicle and any load on that vehicle.

GROUP CHILD CARE HOME - means a private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group child care home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

GUN CLUB - Any club, organization, individual, group of individuals, or use, whether operated for profit or not, which caters to or allows the use of firearms.

HOOFED ANIMALS (AND THE LIKE): shall be defined as but not limited to horses, cattle, alpaca, llamas, buffalo, pigs, miniature horses, ponies, sheep, goats or other similar animals.

HOME OCCUPATION - Any use customarily conducted within the dwelling or its accessory buildings and carried on only by the inhabitants thereof. Such use shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes, is not offensive, and shall not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One (1) non-illuminated sign, not more than two (2) square feet in area, may be permitted which shall contain only the name, phone number, and occupation of the resident of the premises. Restaurants, animal hospitals, kennels, automobile repair or bump shops, among others, shall not be considered as home occupations.

Type I Home Occupations - Certain home occupations which are conducted entirely within the dwelling unit (does not include accessory buildings) and which do not require any external alterations, additional parking, or separate entrances.

Type II Home Occupations - Home occupations other than Type I which may be conducted in accessory buildings or elsewhere on the site. Type II Home Occupations may also be permitted to have external alterations to the structure, separate entrances, or additional parking spaces.

HOSPITAL - An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

HOTEL - An establishment that provides lodging and usually meals and other services for travelers and other paying guests.

IMPERVIOUS SURFACE - mainly artificial structures such as pavements roads, sidewalks, driveways and parking lots) that are covered by impenetrable materials such as asphalt, concrete, brick, and stone and rooftops.

JUNK YARD - An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes automobile wrecking yards, and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

KENNEL - Any lot or premises on which four (4) or more dogs six (6) months old or over are kept either permanently or temporarily.

Commercial - Any lot or premises on which four (4) or more dogs six (6) months old or over are kept either temporarily or permanently for personal use or for boarding, breeding, training, competition, hunting, showing, or for sales.

Private - Any lot or premises on which not more than ten (10) dogs six (6) months old or over, that are owned by the resident, are kept either temporarily or permanently for personal use or for breeding, competition, hunting or showing.

LARGE-SCALE PUBLIC AND PRIVATE RECREATION USES - operated by public or private agencies, organizations or authorities either for profit or not, including golf courses, parks, driving ranges, riding stables, tennis courts, gun ranges, camping and camper parks, hayrides, snowmobile and minibike trails, picnic grounds, swimming facilities, amusement parks, outdoor drive-in theaters, motorcycle and auto race tracks, horse tracks and the like.

LOADING SPACE - An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading and unloading merchandise or materials.

LOT - A parcel of land occupied, or which could be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this Ordinance.

LOT GRAPHIC

LOT OF RECORD - A lot which exists as shown on the records of the Register of Deeds of Macomb County and Township assessment records.

LOT, CORNER - A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street, and any two (2) chords of which form an angle of one hundred thirty-five (135) degrees or less. The point of intersection of the street lot lines is the "corner". In the case of a corner lot with a curved street line, the corner is that point of intersection of the tangents described above.

LOT COVERAGE - The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

LOT, DOUBLE FRONTAGE - An interior lot having frontages on two (2) more or less parallel streets as distinguished from a corner lot. In the case of a double frontage lot, one (1) street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting on one or both of the streets, the required front yard setback shall be observed on those streets where such structures presently front.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINES - The lines bounding a lot as defined herein.

(1)

Front Lot Line - In the case of an interior lot, the line separating said lot from the street right-of-way. In the case of a corner lot, the front lot line is that line separating said lot from the street which is designated as the front street in the plat and in the application for a building permit or zoning occupancy permit.

(2)

Rear Lot Line - The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot.

(3)

Side Lot Line - Any lot lines other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT WIDTH - The horizontal distance between the side lot lines, measured at the two points where the setback intersects the side lot line.

LOT WIDTH GRAPHIC

MAJOR THOROUGHFARE - A road which is intended to serve as a large volume traffic way for both the immediate area and the region beyond, and is designated as a major thoroughfare on the Township's Master Plan or the County's Thoroughfare Plan. Any street with a right-of-way width existing or proposed, of one hundred twenty (120) feet or greater shall be considered a major thoroughfare.

MARIJUANA - "Marijuana" means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

MASTER PLAN - (MASTER LAND USE PLAN) A comprehensive plan including graphic and written policies relative to land use, roads, airports, parks, schools, public buildings, the environment and all planned physical development of the Township. The Master Plan shall include any part of such plan, and any amendment to such plan.

MEDICAL USE - The acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, transportation of marijuana, marijuana infused products or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition, or symptoms associated with the debilitating medical condition, as further defined under the MMMA.

MMMA - The Michigan Medical Marijuana Act, MCL 333.26421 et seq., as amended.

MOBILE HOME (INCLUDES HOUSE TRAILER OR TRAILER COACH) - Any vehicle designed with all of the following characteristics:

(1)

Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to external systems.

(2)

Designed to be after fabrication on its own wheels as one or more modules. Must also be able to be licensed under the provisions of Act 300 P.A. of 1949, as amended.

(3)

Arriving at the site where it is to be occupied as a complete dwelling and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connections to utilities and the like.

MOBILE HOME PARK (INCLUDING TRAILER CAMP PARK) - Any parcel of land which has been designed and/or improved for the placement of mobile homes or trailer coaches, which are to be used for dwelling purposes.

MOBILE HOME SITE (MOBILE HOME LOT) - A parcel of land, within a mobile home park, designed for the placement of a single mobile home.

MOTEL - A series of attached, semi-detached, or detached rental units containing bedroom, bathroom, and closet space wherein each unit has a separate individual entrance.

MULTIPLE FAMILY DWELLING/UNIT DEFINITIONS:

Efficiency unit. The term "efficiency unit" shall mean a dwelling unit containing a minimum of five hundred (500) square feet of floor area and consisting of not more than one (1) room in addition to kitchen, dining and necessary sanitary facilities.

One-bedroom unit. The term "one-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least seven hundred (700) square feet per unit, consisting of not more than two (2) rooms in addition to kitchen, dining and necessary sanitary facilities.

Two-bedroom unit. The term "two-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least eight hundred and fifty (850) square feet per unit, consisting of not more than three (3) rooms in addition to kitchen, dining and necessary sanitary facilities.

Three or more bedroom unit. The term "three (3) or more bedroom unit" shall mean a dwelling unit wherein for each room, in addition to the three (3) rooms permitted in a two (2) bedroom unit, there shall be provided an additional area of two hundred (200) square feet to the minimum floor area of eight hundred and fifty (850) square feet.

NONCONFORMING BUILDING - A building, structure or portion thereof, existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the use provisions of this Ordinance, nor to the regulations of the district in which it is located.

NONCONFORMING STRUCTURE - A building, structure, or portion thereof, existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the provisions of this Ordinance, nor to the regulations of the district in which it is located.

NONCONFORMING USE - A use which lawfully occupied a building or land at the time this Ordinance, or amendments thereto, that does not conform to the use regulations of the district in which it is located.

NURSERY GROWER - As regulated by the Michigan Department of Agriculture and Rural Development, a person or entity that grows and/or cultivates trees, shrubs, or other plant materials for future sale or use on at least one-quarter (¼) acre of outdoor growing area or two hundred (200) square feet of greenhouse space.

OCCUPIED - To dwell or reside in or to seize possession of and maintain control over. The word "occupied" shall also include terms such as arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

OPEN SPACE (OPEN SPACE COMMUNITY) - All area within the open space development, not individually owned or part of a limited common area, which are designed and intended to preserve environmental features for the common use and enjoyable of the residents of the entire development for any of the following uses: recreation, forestry and/or open space conservation, community gardens, or agricultural uses. The open space requirements shall not be met by land uses such as golf courses or other exclusionary commercial recreational uses, lot area within setbacks for each specific lot, or land area dedicated as limited commons.

PARKING SPACE - An area of not less than ten (10) feet wide by twenty (20) feet long, for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

PUBLIC SERVICE - Public service facilities within the context of this Ordinance shall include such uses and services as voting booths, pumping stations, fire halls, police stations, and quarters for welfare agencies, public health activities and similar uses.

PUBLIC UTILITY - Any persons, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing, under Federal, State or municipal regulations to the public, electricity, gas, sanitary sewers, steam, communications, telegraph, or water services.

QUARRY/EXCAVATION - Shall mean any breaking of the ground to hollow out by cutting or digging or removing any soil or rock matter, except common household gardening and general farm care.

REGISTERED PRIMARY CARE GIVER - A person meeting the definition of caregiver under the MMMA and who has been issued and possesses a registry identification card and possesses the documentation that constitutes a valid registry under the MMMA.

REGISTERED QUALIFYING PATIENT - A person who has been diagnosed by a physician as having a debilitating medical condition and who has been issued and possesses a registry identification card which is valid under the MMMA, as amended.

ROADSIDE STAND - A temporary or existing permanent building operated on a seasonal basis for the purpose of selling only produce raised or produced by the proprietor of the stand or his/her family on the premises.

SCREENING - A wall, berm, fence or land of growing trees and shrubs, or combinations of these, for the protection of adjoining premises.

SETBACK - The minimum distance required between a building or parts of a building and the road centerline in the case of a front yard setback or the nearest applicable property line for side and rear yard setbacks.

SIGN - Any use of words, numbers, figures, devices, designs, logos, trademarks, letters, characters, marks, points, planes, posters, pictorials, pictures, strokes, stripes, lines, reading matter, illuminating devices or paint visible to the general public and designed to inform or attract the attention of persons, including the structure upon which such words, numbers, figures, devices, designs, logos, trademarks, letters, characters, marks, points, planes, posters, pictorials, pictures, strokes, stripes, lines, reading matter, illuminating devices or paint are or may be printed or affixed.

SIGN AREA - Sign area, unless otherwise noted, shall include the total area within any circle, triangle, rectangle or other geometric shape or envelope enclosing the extreme limits of writing, representation, emblem, or any similar figure or element of the sign, together with any frame or other material forming an integral part of the display, if any, or used to differentiate such sign from the background against which it is placed. The area of a double-faced sign shall be computed using only one face of the sign, provided that the outline and dimensions of both faces are identical and that the faces are back-to- back so that only one face is visible at any location.

(a)

In the case of a wall sign in which there is no frame or other material forming an integral part of the display or used to differentiate such sign from the background against which it is placed, the envelope shall be around the letters, logos, emblems, figures, pictures, stripes, etc.

(b)

In the case of a sign which is affixed to or printed on an awning or canopy, where there is no design or envelope forming an integral part of the display which differentiates the sign from the background of the awning material or color, the envelope shall be around the letters, logos, emblems, figures, stripes, etc. In the case of transparent or translucent awnings or canopies which have internal lighting, the entire surface of the awning or canopy shall be considered as the sign.

Accessory Sign - A sign which is accessory to the principal use of the premises. A sign which directly relates to the business activity or service conducted on the premises upon which the sign is placed.

Alter - A change to the physical component of the sign, including but not limited to the structural size, height or width of the sign. Such definition shall not include resurfacing the face of an existing sign with a new sign face of equal size and shape.

A-Frame - A temporary sign with two panels attached at the top with hinges.

Animation (signs): means displaying images in a dynamic way, like television or movie video or having graphics portraying a moving scene.

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

Awning Sign - An accessory sign that is printed on, or otherwise affixed to, an awning.

Balloon Sign - One or more balloons, or any other air-filled or gas-filled object used as a sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered or manufactured, or to any entertainment.

Banner Sign - A sign or display constructed of paper, plastic or fabric of any kind, intended to be hung, either with or without frames.

Billboard Sign - An off-site or non-accessory outdoor sign which advertises a business use or service not conducted on the premises upon which the sign is placed. Billboard structures are generally leased or rented and designed with changeable copy.

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

Canopy Sign - An accessory sign that is printed on or otherwise affixed to a canopy.

Directional Sign - A sign not utilized for advertising purposes, but used to direct vehicular or pedestrian traffic to parking areas, loading areas, or to portions of a building.

Display interval (signs): means the amount of time between displaying different messages or images.

Flag - A rectangular piece of fabric fastened to a pole on one end and free on the other. A series of flags on a single pole or pole string, or similar type of mount, shall be considered a pennant.

Freestanding Sign - A sign permanently attached to the ground by poles or braces and not attached to any building.

Identification Sign or Nameplate - An accessory wall-mounted sign which displays only the name of a person or firm.

Monument or Ground Sign - A freestanding accessory sign which is permanently fastened to the ground by upright(s), brace(s) or similar object(s), and which is not attached to a building or structure. Any on-site, accessory, permanent and freestanding sign with one (1') foot or less of clearance between the bottom of the sign and the established grade shall be a monument sign or ground sign.

Off-Site Signs - A sign which is not accessory to the principal use of the premises. Any card, cloth, paper, metal, painted glass, wood, plastic, stone, or other object of any kind or character whatsoever, placed for non-accessory advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used in this definition shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing, or making visible in any manner whatsoever to the public.

Pennant Sign - A sign or display consisting of long, narrow, usually triangular flags.

Political Sign - A sign relating to the election of a person or persons to public office, or relating to a political party or a political issue, or relating to a matter to be voted upon at an election.

Portable Sign - A sign which is not permanently fastened to a building, structure, or to the ground.

Projecting Sign - A sign which is permanently fastened to the surface of a wall in such a way that the sign face is perpendicular to the surface of the wall. The sign face shall consist of two (2) sides, mounted flush back-to-back.

Pylon Sign - A freestanding accessory sign which is permanently fastened to the ground by upright(s), brace(s) or similar object(s), and which is not attached to a building or structure. Any on-site, accessory, permanent and freestanding sign with more than one (1') foot of clearance between the bottom of the sign and the established grade shall be a pylon sign.

Real Estate Sign - An accessory sign which advertises the particular property upon which it is placed for sale, rent or lease.

Real Estate Development Sign - A freestanding accessory sign informing when a subdivision or other real estate development will commence construction or when it will be available for sale, use or occupancy.

Resurface - The replacement or restoration of a previously approved sign which does not include alteration to the existing structure or brackets.

Scrolling (signs): means having the letters or images move across the sign in any direction or pattern.

Sign Height - The vertical distance from the uppermost portion of a sign or sign structure to the grade at the base of the sign.

Site - All land in a development which is necessary or indicated as part of the development proposal to meet parking requirements, setback requirements, landscape requirements, drainage requirements (i.e., retention or detention basin), and lot coverage requirements.

Subdivision Entrance Sign - A sign depicting the name of a residential, office/service, commercial, or industrial subdivision, and which sign is located at the entrance to said subdivision.

Temporary Sign - An accessory sign that is intended to be displayed for a short amount of time as regulated herein, including A-frame, banners, pennants, or any other sign that is not permanently affixed to a building face or to a pole, pylon, or other support that is permanently anchored to the ground.

Trailer Sign - A sign mounted on, or a part of, a trailer or wheeled vehicle.

Vehicle Business Sign - A vehicle upon which a sign is painted or attached and is parked upon a premises for the intent of advertising. Vehicle business signs shall not include licensed commercial vehicles regularly used to transport persons or property for the operation of the business.

Wall Sign - An accessory sign permanently fastened to a building or structure, or a sign attached to, or placed flat against the exterior wall surface of any building, no portion of which projects more than twelve (12") inches from the wall.

Window Sign - A sign which is affixed, attached, painted or otherwise placed on or adjacent to the interior of a window in such a manner as to be readily visible from the exterior of the building.

SMALL-SCALE NURSERY GROWER - As regulated by the Michigan Department of Agriculture and Rural Development, a person or entity that grows and/or cultivates trees, shrubs, or other plant materials for future sale or use which is limited to less than one-quarter (¼) acre of outdoor growing area or two hundred (200) square feet of greenhouse space.

STORY - That part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.

STORY, HALF - An uppermost story lying under a sloping roof, the usable floor area of which does not exceed seventy-five (75) percent of the floor area of the story immediately below. Tri-level shall be considered one and one-half stories.

STREET (or ROAD), PRIVATE - A street or road which serves more than one (1) residence and which the landowners of property served by the private road are responsible for its maintenance.

STREET, PUBLIC - A thoroughfare which affords a principal means of access to abutting property and which has been accepted by the Macomb County Department of Roads or other public road agency as a public street.

SWIMMING POOL - The term "swimming pool" shall mean any structure or container intended for swimming, located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches subject to the requirements of current building code of the Township.

TEMPORARY BUILDING AND USE - A structure or use permitted by the Township Administration, Township Board, Township Zoning Board of Appeals to exist during periods of construction of the main use or for special events.

TOWNSHIP - Ray Township, Macomb County, Michigan.

TRANSFER - To convey, sell, give, deliver or allow the possession by another person or entity.

TRAVEL TRAILERS (INCLUDING RECREATIONAL VEHICLES, CAMPING TRAILERS, TRUCK CAMPERS, AND SELF-POWERED MOTOR HOMES) - Vehicular-type portable structures primarily designed as temporary living accommodations for recreational, camping or travel use. These vehicles can be towed, hauled or affixed to another vehicle and driven from one site to another without requiring a State or County Special Permit for travel.

TRAVEL TRAILER PARK (INCLUDES RECREATIONAL VEHICULAR PARK) - Any parcel of land designed and/or improved for the placement of two (2) or more travel trailers or tents (used for recreation, camping, or travel use) on the basis of overnight or weekly accommodations.

USE - The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.

VETERINARY CLINIC - A place for the care, diagnosis, treatment and surgical attention of pets and animals. A veterinary clinic may include customary pens or cages inside the clinic.

VETERINARY LARGE ANIMAL HOSPITAL - A place for the care, diagnosis, treatment, and surgical care of farm animals, including bovine and equine, as well as pet animals.

WECS WIND ROTOR: The blades plus hub to which the blades are attached used to capture wind for purposes of energy conversion.

WECS TOWER HEIGHT: The height of the actual tower, plus one-half the rotor diameter on horizontal axis installations, and on vertical axis installations, the distance from the base of the tower to the top of the unit as measured from the established or natural grade of the property.

WECS SURVIVAL WIND SPEED: The maximum wind speed a WECS in automatic, unattended operation (not necessarily producing power) can sustain without damage to structural components or loss of the ability to function normally.

WIND ENERGY CONVERSION SYSTEMS (HEREINAFTER REFERRED TO AS WECS): Any device that converts wind energy to mechanical or electrical energy.

WIRELESS COMMUNICATION FACILITIES: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals which may include, but are not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities, Citizen band radio facilities, short-wave facilities, ham, amateur radio facilities, satellite dishes, and governmental facilities which are subject to State or Federal law or regulations which preempt municipal regulatory authority are not included in this definition.

WIRELESS COMMUNICATION, CO-LOCATION: The location by two or more wireless communication providers, public authority, or other duly authorized party of wireless communications facilities on an existing structure, tower or building, in a manner that reduces the overall need for additional or multiple freestanding single use wireless communication facilities within Ray Township.

WIRELESS COMMUNICATION, SUPPORT STRUCTURE: A structure newly erected or modified to support wireless communication antennas and connecting appurtenances. Support structures types, including, but not limited to, monopoles, lattice towers, light poles, utility support structures, traffic control structures, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

YARDS - The open spaces on the same lot with a principal building or principal use, unoccupied and unobstructed from the group upward, except as otherwise provided in this Ordinance, and as defined herein.

(1)

Front Yard - An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal structure.

A corner lot shall have front yards and required front yard setbacks on each street. No principal building shall project beyond the required front yard on either street. On corner lots, the opposite lot lines shall be considered as side lot lines rather than rear lot lines.

(2)

Rear Yard - An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.

(3)

Side Yard - An open space between a principal building and the side lot line, extending from the front line to the rear lot line.

YARDS GRAPHIC

ZONING BOARD OF APPEALS: The Ray Township Zoning Board of Appeals.

(Amd. of 1-16-2018; Ord. of 2-19-2019; Ord. No. 36, § 1.1, 8-25-2021; Ord. of 3-15-2022)