Pursuant to the authority conferred to the township by Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the board of trustees of the township hereby adopts the following regulations and restrictions on the use of land and structures for the purpose of promoting and protecting the public health, safety, and general welfare of its inhabitants. These regulations are designed to protect and conserve the character, social, and economic stability of the residential, commercial, industrial, and other use areas; to secure the most appropriate location and relationships among uses of land and structures; to limit the overcrowding of land and congestion of population; to provide adequate light, air, and reasonable access; and to facilitate adequate and economical provision of energy, transportation, water, sanitary sewer, education, recreation and public services and facilities.

(Ord. of 7-16-1992, intro.; Ord. of 3-11-2010)

This chapter shall be known and may be cited as "The Charter Township of Royal Oak Zoning Ordinance" or "Township Zoning Regulations."

(Ord. of 7-16-1992, § 1.01; Ord. of 3-11-2010, § 1.01)

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

(1)

The particular shall control the general.

(2)

Words used in the present tense shall include the future.

(3)

Words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

(4)

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

(5)

The masculine gender includes the feminine and neuter.

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meaning customarily assigned to them.

(11)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected items, conditions, provisions, or events shall apply.

b.

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

c.

The term "either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(12)

Catchwords and catchlines shall in no way by their presence or absence limit or affect the meaning of this chapter.

(13)

Unless the context clearly indicates to the contrary, where an illustration accompanies any item within this chapter, the written text shall have precedence over said illustrations.

(Ord. of 7-16-1992, § 1.02)

Whenever used in this chapter, the following words and phrases shall have the meaning ascribed to them in this section:

Accessory use, building, or structure means a use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related.

Adult book or supply store means an establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Adult model studio means any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to an accredited art school or similar educational institution.

Adult motion picture arcade means any place where motion picture machines, projectors, video tape equipment or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).

Adult motion picture theater means an enclosed building wherein still or motion pictures, video tapes or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Adult outdoor motion picture theater means a drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

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

(1)

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

(2)

Electrolysis treatment by a licensed operator of electrolysis equipment;

(3)

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

(4)

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

(5)

Barbershops or beauty parlors and salons which offer massages to the scalp, the face, the neck or shoulders only; and

(6)

Adult photography studios whose principal business does not include the taking of photographs of specified human anatomical areas.

Alley means a dedicated public vehicular or pedestrian way usually between or behind buildings, which affords a secondary means of access to abutting property.

Alteration means any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as altered or reconstructed.

Animal hospital. See Clinic, veterinary.

Apartment. See Dwelling, multiple-family.

Arcade means any place, premises, establishment or room within a building which provides on its premises three or more machines which may be operated or used as a game, contest or for amusement of any description. For the purposes of this definition, the term "machine" means any device, apparatus, mechanical equipment or machine operated as amusement for required compensation. The term "machine" does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption.

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

Automobile filling station means a place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation or a restaurant as an accessory use, provided it is clearly incidental to the filling station use. Parking requirements for filling station/convenience store or restaurant operations shall be computed by adding together the parking space requirements for each separate use.

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

Automobile repair means the major or minor repair of automobiles defined as follows:

(1)

Minor repair means engine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing of the automobiles on the premises overnight.

(2)

Major repair means engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rust-proofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing of the automobiles on the premises overnight.

Automobile repair garage means an enclosed building where major automobile repair services may be carried out.

Automobile service station means a place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles; including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass) and the servicing of and minor repair of motor vehicles.

Automobile wash or car wash establishment means an establishment contained within a building or premises or portion thereof where automobiles are washed.

Basement.

(1)

The term "basement" means that portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average finished grade to the floor below is greater than the vertical distance from the average finished grade to the ceiling.

(2)

The term "basement" does not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

Bedroom means a room designed or used in whole or part for sleeping purposes.

Berm. See Landscaping.

Block means the property bounded by a street or by a combination of streets and public lands, railroad, utility, or public rights-of-way, rivers, drains, or streams, boundary lines of the township, or any other barrier to the continuity of development.

Boardinghouse or roominghouse means a building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. The term "roominghouse" shall be deemed a boardinghouse for the purposes of this chapter.

Buildable area. See Building envelope.

Building.

(1)

The term "building" means any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels, or property or materials of any kind. The term "building" includes tents, awnings, semitrailers, or vehicles situated on a parcel and used for the purposes of a building.

(2)

The term "building" does not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures.

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

Building envelope means the area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this chapter.

Building height means the vertical distance measured from the established sidewalk grade at the center of the front lot line to:

(1)

The highest point of the coping of a flat roof;

(2)

To the deck line of a mansard roof;

(3)

To the average height between the eaves and the ridge for the highest gable, hip studio, or gambrel roof; or

(4)

75 percent of the height of an A-frame.

Where no sidewalk grade is established, the height shall be measured from the average finished ground level of the building wall (see illustration).

Building line means a line parallel to the front lot line at the minimum required front setback line (see illustration).

Building official means the township officials designated by the township board to administer and enforce the state construction code.

Building, principal, means a building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed or intended for the shelter or enclosure of the principal use of the parcel.

Building, temporary, means a building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements of the state construction code.

Bulk means the term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit.

Cabaret means an establishment where live entertainment such as, but not limited to, comedy or theater, is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas (as defined herein) for observation by or participation of patrons therein. Also, an establishment which features any of the following means topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.

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

Child care center means a facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The term "child care center" or "day care center" includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility may also be described as a day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.

Church or synagogue means any structure wherein persons regularly assemble for religious activity.

Clinic, medical, means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

Clinic, veterinary, means an institution which is licensed by the state department of community health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services, and offices.

Club or fraternal organization means an organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in this chapter.

Commercial use.

(1)

The term "commercial use" means the use of property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer.

(2)

The term "commercial use," as used in this chapter, does not include industrial, manufacturing, or wholesale businesses.

Commission means the planning commission of the township, as organized under Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and Public Act No. 33 of 2008 (MCL 125.3801 et seq.).

Condominium means a condominium is a system of separate ownership of individual units in multiunit projects according to Public Act No. 59 of 1978 (MCL 559.101 et seq.). In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee simple and in the spaces and building parts used in common by all the unit owners. For the purposes of this chapter, condominium terms are be defined as follows:

(1)

Common elements means portions of the condominium project other than the condominium units.

(2)

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

(3)

Condominium lot means that portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the schedule of regulations in section 32-599.

(4)

Condominium subdivision plan means drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by section 66 of Public Act No. 59 of 1978 (MCL 559.166).

(5)

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

(6)

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.

(7)

Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

(8)

Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.

(9)

Expandable condominium means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.

(10)

General common elements means common elements other than the limited common elements, intended for the common use of all co-owners.

(11)

Limited common elements means portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.

(12)

Master deed means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.

(13)

Site condominium project means a condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this chapter.

Congregate housing. See Housing for the elderly.

Contractor's yard means a site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor's yard may include outdoor or indoor storage, or a combination of both.

Convalescent home. See Nursing home.

Convenience store means a retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience stores are designed to attract a large volume of stop-and-go traffic.

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

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

Deck means a platform, commonly constructed of wood, which is typically attached to a house, and which is typically used for outdoor leisure activities.

Development means the construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.

Distribution center means a use which typically involves both warehouse and office/administration functions, where shortterm and/or longterm storage takes place in connection with the distribution operations of a wholesale or retail supply business.

District, zoning, means a portion of the township within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established.

Drive-in means a business establishment so designed that its operation involves providing a service or a product to patrons while they are in their car, rather than within a building or structure.

Drive-through means a business establishment whose method of operation involves the delivery of a product or service directly to a customer inside a motor vehicle, typically through a window or other appurtenance to a building.

Dwelling means any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this chapter.

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

(1)

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

(2)

Domestic servants or gratuitous guests.

An accessory apartment commonly, has its own kitchen, bath, living area, sleeping area, and usually a separate entrance. May also be referred to as an in-law apartment or granny flat.

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

(1)

The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and

(2)

The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and

(3)

The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

A mobile home is a type of manufactured housing, which is defined as follows:

Dwelling, mobile home.

(1)

The term "dwelling, mobile home," means a structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

(2)

The term "dwelling, mobile home," for the purposes of this chapter, as described and regulated herein shall not be considered a recreational vehicle.

Dwelling, multiple-family, means a building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows:

(1)

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

(2)

Efficiency unit or studio apartment means a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

Dwelling, one-family or single-family, means an independent, detached residential dwelling designed for and used or held ready for use by one family only.

Dwelling, terrace family. See Dwelling unit, single-family attached.

Dwelling, townhouse. See Dwelling unit, single-family attached.

Dwelling, two-family, or duplex means a detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each; also known as a duplex dwelling.

Dwelling unit means one or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking, and sleeping purposes.

Dwelling unit, single-family attached, means a townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.

Earth-sheltered home means a building constructed partially below the surrounding average finished grade that is designed to conserve energy and is intended to be used as a single-family dwelling.

Easement means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

Enforcement official means the enforcement official is the person or persons with the responsibility for enforcing and administering requirements of applicable sections of this chapter. Various duties may be combined and assigned to the same individual or individuals. The enforcement official may be referred to as the zoning administrator, building official, or other appropriate party. Such titles do not refer to a specific individual, but generally to the office, department, or township officials most commonly associated with the administration of the regulation being referenced.

Engineer, township, means the township engineer is the person or firm authorized to advise the township board, township staff, and planning commission on drainage, grading, paving, stormwater management and control, utilities, and other related site engineering and civil engineering issues. The township engineer may be a consultant or an employee of the township.

Erected means any physical change on a site, including construction, reconstruction, or alteration of buildings or structures thereon. Excavation, fill, drainage, and the like shall be considered part of erection.

Essential services.

(1)

The term "essential services" means the erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments or township-certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public.

(2)

The term "essential services" does not include storage yards, sales or business offices, or commercial buildings or activities.

Excavation means the removal or movement of soil, sand, stone, gravel, or fill dirt on or from any parcel except for common household gardening, farming, and general ground care.

Exemption means an exclusion from the normal chapter rules and regulations for the purposes of permitting particular uses or structures which are considered essential or appropriate in certain locations or under certain conditions. A variance is not required for uses or structures which are permitted because of an exception.

Family.

(1)

The term "family" means either:

a.

One or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, inclusive of household servants; or

b.

Two to six persons living and cooking together as a single nonprofit housekeeping unit having a continuing nontransient domestic character though not related by blood, adoption or marriage.

(2)

This definition shall not include any society, club, coterie or organization which is not a recognized religious order nor does it include any group of individuals whose association is temporary or seasonal or similar to a resort, boardinghouse, motel, hotel, or whose association is for an anticipated limited duration or for a determinable period such as a school term or terms.

Family child care home means a private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, attended by other than a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family child care home includes a home that gives care to an unrelated minor child for more than four weeks during the calendar year.

Fence means an artificially constructed barrier of wood, wire, metal, or any other material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary.

Fill or filling means the deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

Filling station. See Automobile filling station.

Floor area, gross, means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Floor area, net. See Floor area, usable residential, and Floor area, usable nonresidential.

Floor area, usable nonresidential, means the sum of the horizontal areas of each floor, measured from the interior faces of the exterior walls, including all areas used for, intended to be used for, and accessible for the sale of merchandise, provision of services, or service to patrons, clients or customers. Floor area which is used for or intended to be used for the storage or processing of merchandise, or for utilities shall be excluded from the computations of usable nonresidential floor area (see illustration).

Floor area, usable residential, means the gross floor area minus areas in basements, unfinished attics, attached garages, and enclosed or unenclosed porches.

Foster care home. See State licensed residential facility.

Foster child means a child unrelated to a family by blood or adoption with whom he lives for the purposes of care and/or education.

Fraternal organization. See Club.

Garage, community, means an enclosed building, having no public shop or service in connection therewith, for the storage of noncommercial vehicles.

Garage, private, means an accessory building used for the parking or storage of motor vehicles owned and used solely by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

Garage, public. See Automobile repair garage.

Gas station. See Automobile filling station and Automobile service station.

Grade means the ground elevation established for the purpose of regulating the number of stories or height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

Greenbelt. See Landscaping.

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

Group home. See State licensed residential facility.

Gym or gymnasium means a room or building equipped for gymnastics, exercise or sport.

Hazardous materials and chemicals means all highly flammable materials or products which may react to cause a fire or explosion hazard; or which because of their toxicity, flammability, or liability for explosion render firefighting abnormally dangerous or difficult. This also includes flammable liquids or gases which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. The term "hazardous materials and chemicals" include flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials, and poisonous gases that have a degree of hazard rating in the health, flammability or reactivity of 3 or 4 as ranked by NFPA 704 and as adopted by the township.

Hazardous uses means all uses which involve the storage, sale, manufacture, or processing of materials and/or chemicals which are defined as hazardous materials and chemicals in this chapter or other ordinances of the township. The term "hazardous uses" include, but are not limited to, all high hazard uses listed in the current adopted codes of the township.

Height of building. See Building height.

Highway. See Street.

Home occupation means an occupation or profession conducted entirely within a dwelling by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, as specified in section 32-622.

Hospital means an institution which is licensed by the state department of community health to provide in-patient and out-patient medical and/or surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, evaluation rooms, central service facilities, staff offices, and other directly related administrative functions.

Hospital, veterinary. See Clinic, veterinary.

Hotel means a building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a bath, occupied for hire, and which typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room and general kitchen, and meeting rooms.

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

(1)

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

(2)

Elderly housing complex means a building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples where either the husband or wife is 70 years of age or older.

(3)

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

(4)

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

Ice cream parlor.

(1)

The term "ice cream parlor" means a retail establishment whose business is limited to the sale of ice cream, frozen desserts, dessert items, candies and confections, and beverages in a ready-to-eat state.

(2)

The term "ice cream parlor" does not mean businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items for the purposes of this chapter.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Indoor recreation center means an establishment which provides indoor exercise facilities and indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. The term "indoor recreation center" includes, for the purposes of this chapter, a bowling establishment.

Industry, heavy, means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or products, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, light, means 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.

Ingress and egress mean, as used in this chapter, generally are used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

Junk means any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

Junkyard or salvage yard means an area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.

Kennel means any lot or premises on which four or more dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, subject to the regulations set forth herein regulating private and commercial kennels.

Landfill means a tract of land that is used to collect and dispose of "solid waste" as defined and regulated in Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.).

Landscaping means the treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative manmade materials, such as wood chips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:

(1)

Berm means a continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this chapter.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Hydroseeding means a method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.

(7)

Interior parking lot landscaping means a landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

(8)

Mulch means a layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth.

(9)

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

(10)

Screen or screening means a wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

(11)

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

(12)

Sod means an area of grass-covered surface soil held together by matted roots.

(13)

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

(14)

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

(15)

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

(16)

Ornamental tree means a deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of 25 feet or less.

(17)

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

(18)

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

Loading space means a space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

Lot or zoning lot means, for the purposes of enforcing this chapter, a piece of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, access, and open space as required herein. The term "single" ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy, or any similar entity. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. The term "lot" may consist of:

(1)

A single lot of record.

(2)

A portion of a lot of record.

(3)

A combination of complete lots of record, or portion thereof.

(4)

A condominium lot.

(5)

A piece of land described by metes and bounds.

Lot area, gross, means the net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.

Lot area, net, means the total horizontal area within the lot lines of the lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake. The net lot area shall be used in determining compliance with minimum lot area standards.

Lot, contiguous, means lots adjoining each other.

Lot, corner, means a lot abutting on and at the intersection of two or more streets. For the purposes of this definition, the term "street" lot line shall be the line separating the lot from the street or road right-of-way.

Lot coverage means the part or percent of the lot that is occupied by buildings or structures.

Lot depth means the horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

Lot, double frontage, or through lot means a lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street shall 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 buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.

Lot, flag, means a lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

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

Lot lines means the lines bounding a lot as follows:

(1)

Front lot line means, in the case of a lot not located on a corner, the line separating said lot from the public or private road right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from the right-of-way for the road which is designated as the front on the plat, or which is designated as the front on the site plan review application or request for a building permit, subject to approval by the planning commission or zoning administrator. On a flag lot, the front lot line shall be the interior lot line most parallel to and nearest the street from which access is obtained.

(2)

Rear lot line means, ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front lot line and wholly within the lot. In cases in which the rear lot line definition can not be easily applied, the zoning administrator shall designate the rear lot line.

(3)

Side lot line means any lot line other than the front or rear lot lines. A side lot line separating a lot from a road right-of-way is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line. In cases in which the side lot line definition cannot be easily applied, the zoning administrator shall designate the side lot lines.

(4)

Street lot line means a dividing line between the street and a lot, also known as the right-of-way line.

Lot of record means a parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the county register of deeds, or accepted by the county department of equalization, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor (registered and licensed in the state) and likewise so recorded with the county register of deeds. A lot of record may also be identified by attachment to a Sidwell or tax parcel identification number.

Lot width means the straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see illustration). At no time shall the measured lot width at the street line be less than half of the required lot width.

Main access drive means any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.

Marginal access road. See Secondary access drive.

Massage parlor or massage establishment.

(1)

The term "massage parlor" or "massage establishment" means a place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following means a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician's directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician's direction. The term "massage establishment" may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths.

(2)

The term "massage establishment" does not include properly-licensed hospitals, medical clinics, or nursing homes, or beauty salons or barbershops in which massages are administered only to the scalp, the face, the neck or the shoulders.

Master plan means the master plan is a document which is prepared under the guidance of the township planning commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the township.

Medical marihuana facility means a facility where primary caregivers who are legally registered by the state department of community health (MDCH) may lawfully assist qualifying patients who are also legally registered by the state department of community health with the medical use of marihuana in accordance with the Michigan medical marihuana act (MCL 333.26421—333.26430). A use which purports to have engaged in the medical use of marihuana, either prior to or after enactment of such act, but without being legally registered by the MDCH, shall be deemed to not be a legally established use and therefore not entitled to legal nonconforming status under the provisions of this chapter and/or state law.

Medical use of marihuana means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan medical marihuana act, MCL 333.26423.

Mezzanine means an intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.

Miniwarehouse means a building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Miniwarehouses are typically contained within a fenced, controlled-access compound.

Mobile home. See Dwelling, mobile home.

Mobile home lot means an area within a mobile home park which is designated for the exclusive use of a specific mobile home.

Mobile home park means 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, subject to conditions set forth in the Mobile Home Code Commission Rules and Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Mortuary or funeral home means an establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.

Motel means a building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture. Motels typically provide exterior entrances and on-site parking for each unit. A motel may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.

Natural features include soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

Nonconformity means any structure, lot, or use of any structure, lot, or land, which does not conform at the time of adoption of the ordinance from which this chapter is derived, or any amendment thereto, to the regulations for the district in which it is located.

Nuisance means any offensive, annoying, or disturbing practice or object, which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.

Nursery, day nursery or nursery school. See Child care center.

Nursery, plant material means a space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

Nursing home, convalescent home or rest home means a home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Public Act No. 368 of 1978 (MCL 333.1101 et seq.).

Occupancy, change of, means a discontinuance of an existing use or tenant and the substitution of a use of a different kind or class, or, the expansion of a use.

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

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

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

(1)

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

(2)

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

(3)

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

(4)

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

Open space means that part of a zoning lot, including courts and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

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

Parcel means a continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of the land division act (MCL 560.101 et seq.) and has frontage on a public street.

Parking lot, off-street, means an area within a lot or parcel which provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than three vehicles.

Parking space means an area of definite length and width as designated in this chapter for parking an automobile or other permitted vehicle, and which is fully accessible for such purposes.

Performance guarantee means a financial guarantee to ensure that specific improvements, facilities, or work required by this chapter will be completed in compliance with the chapter, other applicable regulations, and township approved plans and specifications of the development.

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

Personal fitness center.

(1)

The term "personal fitness center" means a facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. A personal fitness center may or may not be enclosed within a gym.

(2)

The term "personal fitness center" does not include court sports facilities or spectator seating for sports events.

Pervious surface means a surface that permits full or partial absorption of stormwater.

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

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

Planned development means a planning or construction project involving the use of special zoning requirements and review procedures which are intended to provide design and regulatory flexibility, so as to encourage innovation in land use planning and design and thereby achieve a higher quality of development than might otherwise be possible.

Planner, township, means the person or firm designated by the township board and planning commission to advise the township board, the township planning commission, and township staff on planning, zoning, land use, housing, and other related planning and development issues. The township planner may be a consultant or an employee of the township.

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

Prerelease adjustment center means an establishment which provides shelter, supervisory and social services to convicts in a pre-release parole preparation program, as authorized by the state corrections commission or by the federal bureau of prisons.

Principal use. See Use, principal.

Private street or road. See Road.

Property line means the line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also Lot line.

Public lodginghouse means a commercial establishment or place in which five or more members of the public, whether travelers or not, are charged for or are provided sleeping quarters in the form of cots or beds in the same room.

Public safety official means the public safety official refers generally to the departments or persons designated to perform police, firefighting, and other public safety functions for the township.

Public utility means any persons, firm, corporation, municipal department, or board, duly authorized to furnish to the public under government regulations any of the following: electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.

Recognizable and substantial benefit means a clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. The term "recognizable and substantial benefits" may include: long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or, elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.

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

Recreational vehicle includes the following:

(1)

Travel trailer means a portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a travel trailer by the manufacturer. Travel trailers generally include self-contained sanitary, water, and electrical facilities.

(2)

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

(3)

Motor home means a recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

(4)

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

(5)

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

(6)

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

Recycling center means a facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.

Recycling collection station means a facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.

Restaurant means a restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristics of a carry-out, drive-in, drive-through, fast food, standard restaurant, or bar/lounge, or combination thereof, as follows:

(1)

Restaurant, carry-out, means a business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

(2)

Restaurant, drive-in, means a business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

(3)

Restaurant, drive-through, means a business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.

(4)

Restaurant, fast food, means a business establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.

(5)

Restaurant, standard, means a business establishment whose method of operation involves either:

a.

The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building; or

b.

The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

(6)

Bar/lounge/tavern means a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

Retention or detention basin means a pond, pool, or basin used for the storage of stormwater runoff.

Right-of-way means the strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.

Road means any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel, whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation. Various types of roads are defined as follows:

(1)

Private road means any road which is to be privately maintained and has not been accepted for maintenance by the township, county, state or the federal government, but which meets the requirements of this chapter or has been approved as a private road by the township under any prior ordinance.

(2)

Public road means any road or portion of a road which has been dedicated to and accepted for maintenance by the township, county, state or the federal government.

(3)

Arterial road means a road which carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the township. An arterial road may also be a major thoroughfare.

(4)

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

(5)

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

(6)

Local street means a road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.

(7)

Major thoroughfare means an arterial road which is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan. Any road with an existing or proposed right-of-way width of 120 feet, and any road proposed as a major thoroughfare in the master plan shall be considered a major thoroughfare.

(8)

Minor road means a road whose sole function is to provide access to abutting properties.

Room means, for the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room or bedroom, equal to at least 80 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one-, two- or three-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.

Roominghouse. See Boardinghouse.

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

Secondhand store means any building, structure, premises, or part thereof used solely or partially for the sale of used or secondhand clothing, furniture, books or household goods, or used solely or primarily for the sale of used or secondhand household appliances or business equipment.

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

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

Setback means the distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure on the lot. The minimum required setback is the minimum distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this chapter. See Yard.

Setback measurement line means a line drawn parallel to the centerline of the road on the zoning map from which the front setback shall be measured.

Shopping center means a grouping of retail businesses and service uses on a single site with common parking facilities.

Sign means any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located. Various types of signs and sign-related terms are defined and regulated by this chapter or any other applicable regulation of the township.

Site plan means a plan, prepared to scale, as required in this chapter, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Special event means an occurrence or noteworthy happening of seasonal, civic, or religious importance, which is organized and sponsored by a nonprofit township community group, congregation, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

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

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

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

Specified anatomical areas means portions of the human body defined as follows:

(1)

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

(2)

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

Specified sexual activities means the explicit display of one or more of the following:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse, or sodomy.

(3)

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

State licensed residential facility means any structure constructed for residential purposes that is licensed by the state pursuant to Public Act No. 116 of 1973 (MCL 722.111 et seq.), or Public Act No. 218 of 1979 (MCL 400.701 et seq.). These acts provide for the following types of residential structures:

(1)

Adult foster care facility means a residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of 17 years, in accordance with Public Act No. 218 of 1979 (MCL 400.701 et seq.), and the adult foster care administrative rules as administered by the state department of human services. The following four types of adult foster care homes are provided for by these rules:

a.

Adult foster care family home means private residence for six or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.

b.

Adult foster care small group home means residence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the home.

c.

Adult foster care large group home means residence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.

d.

Congregate facility means residence for more than 20 adults.

(2)

Foster family home means a private residence in which one but not more than four minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the state adoption code (MCL 710.21 et seq.), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), a foster family home does not require local zoning approval before being licensed by the department of human services.

(3)

Foster family group home means a private residence in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the state adoption code (MCL 710.21 et seq.), are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), a foster family group home requires local zoning approval before being licensed by the department of human services.

Story means that portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it (see illustrations).

(1)

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

(2)

A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.

(3)

In an earth sheltered home, any separate level below ground shall be considered a full story.

Story, half, means the uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 200 square feet with a minimum clear height of seven feet, six inches.

Street. See Road.

Structural addition means any alteration that changes the location of the exterior walls or area of a building.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term "structure" includes, but is not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennas, swimming pools, and signs.

Subdivision plat means the division of a tract of land for the purpose of sale or building development, in accordance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and the township subdivision control regulations.

Substance abuse treatment facility means any establishment used for the dispensing, on an in-patient or out-patient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a substance abuse treatment facility.

Swimming pool means any permanent, nonportable structure or container, located either partially or totally below grade, designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

Temporary use or building means a use or building permitted to exist for a limited period of time under conditions and procedures as provided for in this chapter.

Theater means an enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.

Thoroughfare, major. See Road.

Toxic or hazardous waste means waste or a combination of waste and other discarded material (including but not limited to solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:

(1)

An increase in mortality;

(2)

An increase in serious irreversible illness;

(3)

Serious incapacitating, but reversible illness; or

(4)

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

Transition zone means a transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.

Truck terminal means a structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

Underlying zoning means the zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel planned development.

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

(1)

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

(2)

Use, conditional. See Conditional use.

(3)

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

(4)

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

(5)

Use, nonconforming. See Nonconformity.

(6)

Use, special land. See Special land use.

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

Variance means a modification of the literal provisions of this chapter granted by the zoning board of appeals when strict enforcement of this chapter would cause practical difficulties or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted. A variance to permit a use not otherwise permitted within a zoning district (i.e., a "use variance") shall not be permitted.

Veterinary hospital. See Clinic, veterinary.

Wall means an upright structure serving to enclose, divide, or protect an area, typically constructed of wood, masonry, or stone materials.

Wall, obscuring, means a structure of definite height and location to serve as an opaque screen in carrying out the requirements of this chapter.

Warehouse means a building used primarily for storage of goods and materials. See also Distribution center.

Wholesale sale means the sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this chapter (see illustrations).

(1)

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or setback measurement line (where appropriate) and the nearest line of the principal building. Unless otherwise specified, each yard with street frontage shall be considered front yard.

(2)

Rear yard means an open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building. On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.

(3)

Side yard means an open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.

Zoning administrator means the township officials authorized by the township board to administer this chapter on a day-to-day basis, including but not limited to processing applications, granting ministerial approvals, maintaining the records of planning commission actions, sending notices of public hearings, and similar work. The duties of the zoning administrator may be combined with duties of other positions under this chapter and assigned to a specific individual.

Zoning board of appeals means the Royal Oak Township Zoning Board of Appeals, created pursuant to the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-16-1992, § 1.03; Ord. of 3-11-2010, § 1.03; Ord. of 8-2-2010, § 1.03)

(a)

This chapter and the various parts, sentences, paragraphs, sections and clauses it contains are hereby declared to severable. Should any part, sentence, paragraph, section or clause be adjudged unconstitutional or invalid by any court for any reason, such judgment shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

(b)

Furthermore, should the application of any provision of this chapter to a particular property, building, or structure be adjudged invalid by any court, such judgments shall not affect the application of said provision to any other property, building, or structure in the township, unless otherwise stated in the judgment.

(Ord. of 7-16-1992, § 24.01)