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

1.

The particular shall control the general.

2.

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

3.

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

4.

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

5.

A "building" or "structure" includes any part thereof.

6.

The term "lot" includes any site or parcel comprising an individual piece of land, whether created by platting, splitting, condominium or other legal process.

7.

The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for."

8.

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

9.

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

a.

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

b.

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

c.

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

10.

Terms not herein defined shall have the meaning customarily assigned to them.

Abandonment. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting. Having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.

Accessory building (accessory structure). A subordinate building or structure detached from, but located on the same lot as, the principal structure, the use of which is clearly incidental and accessory to that of the principal structure. For measurement of area proposed, an attached garage or deck shall be considered an accessory structure.

Accessory sign. A sign which is accessory to the principal use of the site.

Accessory use, or accessory. A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same lot as, the principal use to which it is related.

When "accessory" is used in this text, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following:

a.

Residential accommodations for servants and/or caretakers.

b.

Swimming pools for the use of the occupants of a residence or their guests.

c.

Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure.

d.

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

e.

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

f.

Accessory off-street parking spaces, upon or enclosed, subject to the accessory off-street parking regulations for the district in which the lot is located.

g.

Uses clearly incidental to a main use, such as but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

h.

Accessory off-street loading, subject to the off-street loading regulations for the district in which the lot is located.

i.

Accessory signs, subject to the sign regulations for the district in which the lot is located.

(NOTE: The storage of boats, vehicles, recreation equipment in excess of size or number of those commonly associated with residential uses in the district will not be considered accessory regardless of whether or not such storage is located in a building.)

Active adult community. A community or living facility designed specifically for the interest of persons age 55 and older, which typically contains recreational amenities and support services for older adults who are healthy, active, and capable of complete independent living.

Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other 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 mini motion picture theater. An enclosed building with a capacity for less than 50 persons 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 motion picture theater. An enclosed building with a capacity of 50 or more persons 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).

Age-restricted adult housing. A variety of housing types designed to specifically meet the varied needs of persons age 55 and older. Such housing may include active adult communities, independent living facilities, continuing care retirement communities, assisted living and congregate care facilities.

Agricultural pond. A water impoundment made by constructing a dam or embankment, or by excavating a pit or dugout to provide water for livestock, fish and wildlife, fish production, recreation, fire control, crop and orchard spraying and related uses. Such ponds shall meet the minimum standards set by the soil conservation service (SCS) for design, engineering, construction and maintenance. This definition shall also include water and land areas devoted to the hatching, raising and breeding of fish or other aquatic plants or animals for sale or personal use.

Agricultural sales sign. An accessory sign which advertises the sale of agricultural, dairy, livestock or poultry products raised or produced at the location by the proprietors or residing family.

Agricultural use. Farms and general farming, including horticulture, floricultural [floriculture], dairying, livestock and poultry raising, farm for estry, sod farming, greenhouses and tree and shrub nurseries where only stock raised on the premises may be sold at retail, and other similar enterprises or uses; and no agricultural use shall be operated for the disposal of garbage, sewage, rubbish, offal or [of] rendering plants, or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption of persons residing on the premises.

Air rights. The ownership or control of all land, property, and that area of space at and above a horizontal plain [plane] over the ground surface of land used for railroad or freeway purposes. The horizontal plain [plane] shall be at a height that is reasonably necessary or legally required for the full and free use of the ground surface.

Airport. Any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

Alley. Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation and not more than 20 feet wide.

Alterations. Any change, addition or modification in construction in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed." (Also see structural alteration.)

Amusement device. Amusement device means any coin, token or otherwise mechanically or electronically operated device which may be operated or set in motion by the insertion of a coin, token or other mechanical or electronic means. Examples of such devices, by way of illustration and not by way of limitation, are video games, pinball machine, skee-ball machine, air hockey machine, pool table, miniature pool table, shuffle board, motion picture machine, bagatelle, pigeonhole, pingame, puckgame, marblegame, baffleboard, tabletop game, music playing machine commonly known as "juke box" or any similar machine, instrument or contrivance.

Amusement device center. A structure, tenant space or building containing six or more amusement devices.

Ancillary use. An ancillary use is any use, building or facility that is substantially similar in character to the use that is authorized as a permitted use or special land use in any specific land use district, including but not limited to ancillary uses such as storage, waste, processing, mixing, hauling, transport, pits, pads, pipelines, berms associated with the authorized permitted use or special land use.

Antenna (See also satellite dish antenna). A wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure including, but not limited to, amateur radio antennas, television antennas and satellite receiving dishes.

Apartment. A room or suite of rooms used as a dwelling for one family which does its own cooking and contains sanitary facilities therein.

Apartment (house). A building containing three or more dwelling units whose entrances are from a common hallway or area or series of hallways or areas.

Architectural features. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

Area of sign. The area within a continuous perimeter enclosing or making up a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed; provided, however, any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, shall be included in the computation of the area of the sign, whether such open space be enclosed or not by a frame or border. Where a sign consists solely of lettering or other sign elements mounted on a wall of a building without any distinguishing border, panel or background, only the area of a tightly drawn imaginary rectangle enclosing each such letter or other sign elements shall be treated as a single sign for the purposes of area computation. For double-face signs, only one display face shall be measured or counted in computing sign area or items of information where the sign faces are parallel or where the interior angle formed by the faces is 60 degrees or less. If the two faces of a double-faced sign are of unequal area, the area of the signs shall be taken as the area of the larger face.

Assisted living facilities. Housing for seniors who require limited supportive services for their daily living activities but are mobile and capable of performing most routine tasks. Dementia-care or memory-care facilities are typically secured assisted living facilities.

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 rustproofing.

Automobile wash. (See car wash).

Automobile wrecking yard (See also junkyard). The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of an automobile wrecking yard.

Bandit sign. An illegal commercial sign posted on a utility pole, street sign or other street furniture; or any other sign placed within a public right-of-way or public property or on private property such that it is visible from a public right-of-way or public property. A bandit sign generally has six square feet or less of advertising area and are made of vinyl, paper, cloth or fabric, corrugated plastic, poster board, plastic core, cardboard, wood, or plywood, including signs with wood or wire framing, posts or stakes.

Basement (cellar). A basement is that portion of a building partly 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 feet or more, such areas shall be considered as a story.

Bedroom. A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

Berm. An earthen mound graded, shaped and improved with landscaping in such a fashion as to be utilized for screening purposes.

Block. The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream, or between any of the foregoing and any other barrier to the continuity of development or boundary lines of the township.

Boat house. A boat house is a structure for the storage, shelter and simple routine maintenance of a privately owned boat and not used to serve the public for revenue, public storage or maintenance purposes.

Boat, recreational. Any vessel used primarily for non-commercial use or leased, rented, or chartered to another for the latter's non-commercial use. Commercial boats used by six or fewer persons for recreational purposes shall be considered as recreational boats for purposes of this ordinance.

Buildable area. The buildable area of a site or lot is the space remaining after the minimum space requirements of this ordinance have been deducted.

Building. A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels in a building. This shall include tents, awnings or vehicles situated on private property and use for purposes of a building. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Building group. A group of two or more detached or semi-detached buildings occupying a parcel of land in common ownership and having yards or courts in common.

Building height. The vertical distance from the average elevation of the street curb paralleling the front, or if on a street corner the front and side of the building, to the highest point of the roof surface if the roof is flat; to the deck line if the roof is of the mansard type; or to the average height between the eaves and the ridge if the roof is gable, hip or gambrel type. For buildings set back from the street line, this vertical distance shall be taken above the average elevation of the ground along the front of this building, provided its distance from the street line is more than the average height of such ground above the established curb elevation. Total height is measured from the ground to the highest point of the structure.

Building line. A line formed by the face of the building, and for the purposes of this ordinance, a minimum building line is the same as a front setback line.

Building, main or principal. A building in which is conducted the principal use of the lot on which it is situated.

Building, multiple-family. A building, or portion thereof, used or designed as residence for three or more families living independently of each other, including but not limited to apartments, multiplexes, townhouses, and similar uses.

Building director. The individual designated by the township board, or his authorized representative, to enforce the provisions of the building code.

Building permits. A building permit is the written authority issued by the building official permitting the construction, removal, moving, alteration or use of a building in conformity with the provisions of this ordinance.

Building, single-family. A detached building designed or occupied exclusively by one family.

Building, temporary. A structure without permanent foundation erected or devoted to the development of, or in connection with, the principal site used for a limited period of time.

Building, townhouse. A building occupied by three or more families where each dwelling unit is divided from the one adjacent to it by a party wall extending the full height of the building. Each dwelling unit is capable of individual use and maintenance without trespassing upon adjoining properties and utilities and service facilities are independent for each property.

Building, two-family. A detached building designed for or occupied exclusively by two families living independently of each other, such as a duplex dwelling unit.

Bulletin board or announcement sign. A business sign of the following types:

a.

Announcing existing religious services or activities;

b.

A directory of offices or activities for a building or group of buildings.

c.

Announcing employment opportunities.

Business sign. An accessory sign which relates to the business, activity or service conducted on the site upon which the sign is located.

Cabaret. See group "D" cabaret definition.

Canal. An artificially constructed or excavated channel used for navigation purposes or boat docks and as a means of ingress or egress to other bodies of water or for building lots on the banks thereof shall be known as a canal.

Canopy. A suspended covering, often movable, placed above a door, window, or other entranceway constructed of cloth, metal, wood, or other materials.

Canopy signs. Any sign that is a part or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Car wash. An area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning and washing of motor vehicles.

Car wash, automatic. A building that provides facilities for washing and cleaning motor vehicles, which uses production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor for drying, polishing or waxing.

Carport. A partially open structure for sheltering vehicles erected in conformity with the site requirements for garages.

Carry-out restaurant. (See restaurant, fast-food).

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such cemetery.

Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for the purposes of this ordinance.

Child care center. A facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.

Church or place of religious worship. An institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. The word "church" shall not include or mean an undertaker's chapel or funeral building.

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 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 or major surgery.

Club, lodge or fraternity. An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit.

Cluster development. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

Commercial use. An occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee or licensee.

Commission. The word "commission" shall mean the Charter Township of Shelby Planning Commission.

Community [township] center. A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community [township].

Compost. A complex, highly stable material formed as a result of the breakdown or decomposition of compostable materials; the end product of the composting process; also known as humus.

Compostable material. For the purpose of this ordinance, compostable or organic matter and material shall include typical yard wastes and clippings, such as and limited to, leaves, grass, clippings, vegetable or other garden debris, shrubbery or brush, tree trimmings less than four feet in length and two inches in diameter, that can be converted to compost humus. This term does not include stumps, roots, agricultural wastes, animal waste, sewage sludge or garbage.

Composting. A yard waste management alternative to burning and/or landfilling in which compostable yard waste is collected, processed and recovered as a resource rather than disposed of. Involves the biological decomposition of organic matter under controlled conditions characterized by piles that generate heat under aerobic conditions. Sheet composting shall not be considered a permitted use.

Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space. A condominium may include, in addition, a separate interest in other portions of such real property.

Condominium Act. Public Act 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.).

Condominium subdivision plan. The site plan illustrating the existing site features and all proposed improvements pursuant to the requirements of site plan review.

Congregate care facility. Group living facility for seniors who may or may not require assistance with daily living. Typically provide more intensive services than assisted living facilities, but require residents to have at least partial mobility and reasonably good health.

Conservation easement. An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition, retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.

Construct and erect. In relation to a sign, means to build, construct, attach, hang, place, paint, suspend or affix any sign.

Contaminants. Material received along with the yard wastes which cannot be composted and, therefore, should be removed from the yard wastes in preparation for composting. Contaminants include, but are not limited to, plastic bags, string or wire used to bundle brush, cardboard boxes, burlap wrapping, etc.

Continuing care retirement community. Cluster of a variety of housing options to meet the spectrum of needs and interests ranging from active adults through assisted living, often including on-premises skilled nursing facilities. Primary feature is the provision of "lifetime" supportive services at each stage of a senior's later life.

Convalescent. (See nursing home and skilled nursing facility).

Court. An open space on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. A court shall be unoccupied, except as otherwise herein provided.

Deck. A wooden platform structure higher than 18 inches above the mean yard grade.

Density. The number of families residing on, or dwelling units developed on, an acre of land.

Development. The construction of a new building or other structures on a lot, the relocation of an existing building on another lot, or the use of open land for a new use. The division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, fill or land disturbance; and any use or extension of the use of land.

Directional sign. An accessory sign directing vehicular traffic to parking or loading areas and pedestrians to specified locations.

District (zoning district). A portion of the Charter Township of Shelby 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 establishment. 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 (i.e., restaurants, cleaners, banks, theaters, etc.).

Dwelling unit. A dwelling unit is any house or building, or portion thereof, having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, automobile chassis, tent or portable building be considered a dwelling unit.

Earth materials. Earth materials include top soil, subsoil, sand, gravel, clay and any combination of natural materials located on or in the earth itself (but not including oil or gases) as they exist in their normal state.

Earthfill. The orderly deposit of earthen materials for the purpose of elevating the grade to develop the site for specific use.

Easement. The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.

Equal degree of encroachment. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.

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 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 [township] and immediate surrounding territory by such public utilities or municipal departments or commissions. Such facilities both above and below ground, including storage fields and high pressure mains designated to serve users outside of this municipality [township] and immediate surrounding territory, shall not be considered essential services under this definition.

Excavation. Any breaking of ground, except common household gardening and ground care.

Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Face or surface. That portion of a sign upon, against or through which a message is displayed or illuminated.

Family. One or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Notwithstanding the definition of the preceding paragraph, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, non-profit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Family child care home. A private residence in which one but fewer than seven minor children are received for care or supervision for periods less than 24 hours a day and more than four weeks in a calendar year, unattended by a parent or legal guardian, except children related to an adult member of the household by blood, marriage, or adoption.

Farm. The cultivation of land for the production of agricultural crops and includes the production of poultry and poultry products, the production of livestock including breeding and grazing, the production of grains and feeds, the production of forages and sod, the production of dairy products, the production of fruits and vegetables, the production of timber and timber products, the production of seeds and grasses, and the production of equine.

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.

Fast-food restaurant. (See restaurant, fast-food and restaurant, drive-in.)

Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

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

Flashing, animated or moving sign. A sign which intermittently reflects lights from either an artificial source or the sun; a sign which has movement of any illumination such as intermittent, flashing, scintillating or varying intensity; or a sign which has any visible portion in motion, either constantly or intermittently.

Flea market. An occasional or periodic sales activity within a building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique, and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.

Floodlight illumination. Illumination provided by a floodlight or spotlight.

Floor area, gross. (for the purpose of computing parking): Floor area is the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls or from the centerline of walls separating two buildings. "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines.

Floor area ratio. Determined by dividing the gross floor area of all buildings on a lot or site by the area of that lot/site.

Floor area, residential. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

Foot candle. The unit of illumination when the foot is taken as the unit of length. It is the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illumination produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela.

Freestanding sign. A sign located in or upon the ground or to something requiring location on the ground which is not attached to any principal or accessory structure.

Freeway. A divided highway of not less than two lanes in each direction to which owners or occupants of abutting property or the public do not have a right of ingress or egress to, from or across the highway, except at points determined by, or as otherwise provided by, the authorities responsible therefor.

Frontage. The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side line of a corner lot.

Funeral home. A building, or part thereof, used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns and other related funeral supplies; and d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Garage, automobile repair. See automobile repair.

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, with no facilities for mechanical service or repair of a commercial or public nature, having capacity for not more than three automobiles.

Garage, public. Any building or premises, other than a gasoline filling station, used for housing or care of more than three automobiles, or where any such automobiles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage sale sign. A sign relating to a garage sale, rummage sale, craft sale or show, and similar activities.

Garage, storage. Any premises, except those herein defined as private garage, used exclusively for the storage of self-propelled vehicles, and where such vehicles are not repaired.

Garbage. Garbage shall mean all wastes, animal, fish, fowl or vegetable matter incident to the preparation, use and storage of food for human consumption, spoiled food, dead animals, animal manure and fowl manures.

Gas and service station. A building or structure 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, aircraft or boats, and including the customary space and 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, large parts installation where the primary use of the premises is such, or high speed washing thereof.

Gasoline self-service station. An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

Gasoline service station. A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair as herein defined for automobile repair stations.

Grade. The lowest point of elevation of the finished surface of the ground. The established grade of the street or sidewalk shall be the elevation of the curb, or the centerline of the road if there is no curb, at the midpoint of the front of the lot.

Grade, building. The finished grade at the building shall be the building grade.

Greenbelt (also see screening) A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this ordinance.

Gross floor area. The total area of a building measured with reference to the outside walls thereof and including all levels.

Gross site area. The total site area under the ownership of the applicant before any deductions are made for roads, open space, parcels to be separated or planned for later development, and the like.

Ground sign. A sign supported by one or more upright braces of reasonable size necessary to support such sign, permanently mounted in or upon the ground and in no way attached to a building or structure.

Group "D" cabaret. A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

Group child care home. A private residence in which more than six but not more than 12 minor children are received for care or supervision for periods less than 24 hours a day and more than four weeks in a calendar year, unattended by a parent or legal guardian, except children related to an adult member of the household by blood, marriage, or adoption.

Hazardous substances. Any substance or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Home occupation. An activity carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes. Home occupations may include uses such as or similar to home offices; personal services such as barbershops, beauty parlors, manicure and pedicure shops, and pet grooming; instructional services such as music, dance, tutoring, and art and craft classes; studios for artists, sculptors, musicians, and photographers; workrooms for tailors, dressmakers, and craft persons; and repair services for items such as watches and clocks, small appliances, computers, and electronic devices.

Hospital. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the health department and the State of Michigan, and is used for primarily in-patient services, and including such related facilities as laboratories, out-patient departments, central service facilities and staff offices.

Hotel. A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation. Hotels may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

House, boarding. A residential structure in which non-family members are sheltered and fed for a fee.

House, rooming. A residential structure in which non-family members are sheltered for a fee.

House, trailer. See mobile home.

Household pet. Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds and rodents, not to include pot belly pigs or reptiles.

Identification sign and nameplate. A wall sign stating the name of a person or the name or description of a certain permitted use.

Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar improvements and structures.

Independent living facility. Housing which groups seniors for the purpose of social interaction and mutual support in a common interest community. Group facilities may be provided on premises for recreation and social interaction, but only limited support services are typically provided. Typically multiple-family residential buildings.

Indirect illumination. Illumination from a concealed light source.

Industrial park. A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

Industry, general. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve nuisances or commonly recognized offensive conditions. Such use shall be within the limits of the district's performance standards.

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

Inflatable sign. A sign that is inflated by a gaseous substance before use.

Internal illumination. Illumination from a light source concealed or contained within the sign and which is transmitted through a translucent surface.

Interstate highway. A highway officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government.

Inverted residential structures. A residential structure where the floor area of the second floor exceeds the floor area of the first floor.

Junk. For the purpose of this ordinance, the term "junk" shall mean any motor vehicles, machinery, appliances, product, merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.

Junkyard. 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 "junkyard" includes automobile wrecking yards and includes any area of more than 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 three or more dogs, six months old or older are kept, either permanently or temporarily.

Laboratory. A place devoted to experimental or routine study, such as testing and analytical operations and in which manufacturing of product or products is not permitted.

Lake. Any body of water which is not private and which is accessible to the public via publicly owned lands, waters or highways, contiguous thereto or via the bed of a stream and which may be used for navigation, fishing, hunting or other lawful purpose and reasonably capable of supporting a beneficial public interest.

Lake, private. Any body of water, other than a public lake, which is owned by one person, group of persons, association, partnership or corporation for use regulated by the owners only.

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

Logo. A distinctive company signature, trademark, colophon, emblem or motto.

Lot. A parcel of land occupied or intended to be occupies [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 yards and open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records. Each such parcel shall also have its front lot line abutting a public street or approved private road.

Lot area. The total horizontal area within the lot lines of a lot.

Lot, condominium. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed. A condominium lot shall be of sufficient size and area of the zoning district within which it is located to accommodate a structure observing all required yard setbacks.

Lot, corner. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curbed street or streets shall be considered a corner lot for the purposes of this ordinance if the arc if [is] of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees (see illustration).

Lot coverage. The percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth. The mean horizontal distance measured from the front street right-of-way line to the rear lot line.

Lot, double frontage (also through lot). Any interior lot having frontage on two more-or-less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

Lot, front, rear and depth. The front of a lot is that boundary line which borders on a street other than an alley. In case of a corner lot, the side which has the narrowest dimension bordering on a street shall be deemed to be the front of such lot. In the case of a double frontage lot, both lot lines abutting on streets shall be treated as front lot lines. The rear of a lot is the side opposite to the front. In the case of a triangular or irregular lot, the rear is the boundary line not bordering on a street. The depth of a lot is the dimension measured from the front of the lot to the extreme rear line of the lot. In the case of irregularly shaped lots, the mean depth shall be taken.

Lot, interior. Any lot other than a corner lot (see illustration).

Lot lines. The lines bounding a lot as defined herein:

a.

Front lot line. In the case of an interior lot, is that line separating said lot from the street. In the case of a through-lot, is the line separating said lot from both streets.

b.

Rear lot line. That 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 feet long, lying farthest from the front lot line and wholly within the lot.

c.

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

Lot of record. A parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or a system of registration used by township or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot, substandard. A lot or parcel of land that has less than the required minimum area, depth or width as established by the zone in which it is located, and provided that such lot or parcel was of record as a legally created lot on the effective date of this ordinance.

Lot width. The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoint of the front and rear property lines.

Major thoroughfare. An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major arterial, arterial, minor arterial, freeway or equivalent term on the thoroughfare plan to identify those streets as depicted in the master plan.

Malfeasance. Official misconduct; the commission of an unlawful act, done in an official capacity; an act for which there is no statutory authority. Malfeasance in office requires an affirmative act or omission, for example: failure of a member to disclose a conflict of interest when voting on a matter before the board or commission.

Master deed. 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 plan for the site.

Master plan. The township's basic land use plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality [township], and includes any unit or part of such plan and any amendment to such plan or parts thereof. Such plan shall be adopted by the planning commission.

Maximum size of sign. The total area of a sign included within the rectangle, triangle, circle, or other geometric shape caused by encompassing the outermost portions of the sign or the outermost edges of a sign formed of letters or symbols only.

Mean grade. Mean grade is defined as the arithmetic average of elevations of points on the boundary lines of a site (parcel of land) uniformly spaced and not more than 100 feet apart.

Mechanical movement. Any animation, revolution, vertical or horizontal movement.

Memorial sign. A sign containing the name of the building and date of construction cut into its masonry surface or on a bronze or other non-combustible plate permanently fixed or attached to the building.

Mezzanine. An intermediate floor in any story occupying an area not to exceed one-third of the floor area of such story.

Misfeasance. Negligence in the discharge of one's official duties or statutory obligations; carelessness in the discharge of public duties, for example: approval or disapproval of an application based on standards not evident in the community's ordinance.

Mobile home. Mobile home means a vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to required utilities and which is, or is intended to be, attached to the ground, to another structure, or to a utility system on the same premises for more than 30 consecutive days. Mobile home shall also mean a structure, transportable in one or more sections, which is built on a chassis and is designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home may, but need not, include the real property to which the mobile home may be attached. Mobile home does not include a recreational vehicle.

Mobile home park. A parcel or tract of land under the control of a person upon which two or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park and licensed pursuant to the provisions of Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.).

Motel. A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.

Municipal and commercial composting operations. A facility for the receipt and processing of organic materials, including only leaves, grass, twigs and wood chips. A composting facility shall not mean farms where composting is an ancillary part of operations and no product is removed for distribution, nor is the bulk of the composting material brought into the site from an off-site source or residence where composting is practice[d] on a small scale for the personal use of the owner to enrich gardens and lawns.

Municipality [Township]. The Charter Township of Shelby.

Neighborhood. A sub-community [sub-township] area used in planning to describe a service area with a radius of approximately one-half mile defined to support a park or convenience commercial uses. Boundaries are often defined along major or secondary roads, railroads, freeways or natural features, such as rivers.

Non-accessory sign. A sign which is not accessory to the principal use of the site.

Nonconforming building. A building or portion thereof lawfully existing at the effective date of this ordinance, or amendments thereto and that does not conform to the provisions of this ordinance in the district in which it is located.

Nonconforming use. A use that lawfully existed before the enactment of the zoning ordinance and that is maintained at the effective date of the ordinance even though it does not comply with the restrictions applicable to the district in which it is situated wrongfully.

Nonfeasance. Failure to perform one's official duties or statutory obligations, for example: failure to attend the meetings of a board or commission to which one is appointed.

Nuisance. The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this ordinance, nuisances and all such nuisances are hereby declared illegal.

Nuisance factors. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people (particularly at night), passenger traffic, and invasion of non-abutting street frontage by traffic.

Nursery, plant materials. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Nursery school. (See child care center).

Nursing facility, skilled. An institution providing primarily extended nursing care.

Nursing home. A group living facility providing basic domiciliary services and semi-skilled, rehabilitative nursing service for patients who have impaired mobility or health problems of a limited duration. Nursing homes may or may not cater exclusively to seniors, and may provide rehabiliatory services for patients of all ages.

Obstruction, water. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation channel rectification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Occupancy load. The number of persons that a building can hold, as determined by the fire marshal or as determined by the township building code.

Occupied. The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

Off-street parking lot. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.

Open air business uses. Open air business uses not conducted from a wholly enclosed building, if operated for profit, shall include the following uses:

a.

Bicycle, trailer, mobile home, motor vehicle, farm implements, boats, or home equipment sale or rental services.

b.

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

c.

Retail sales of fruit, vegetables and perishable foods.

d.

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

e.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation uses.

Open front store. A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patrons to enter said structure.

Open space. Land used for recreation, resource protection, amenity and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space.

Open space, common. Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Outdoor advertising sign. A non-accessory sign exceeding 64 square feet, relating to a business, activity or service not conducted at the site, upon which such sign is constructed, erected or located.

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

Outlot. When included within the boundaries of a recorded plat, means a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.

Parcel. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Park. Any public or private improved land available for recreational, educational, cultural or aesthetic use, or scenic purposes.

Parking space. An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and full accessibility for the parking of permitted vehicles. Tandem parking stalls in single-family detached, single-family attached, and townhome residential uses shall be considered to be fully accessible for the purpose of this definition.

Performance guarantee (also maintenance guarantee). Any financial guarantee accepted by the township in the form of cash, letter of credit or performance bond, provided that the township shall not require that a financial guarantee more than ten percent of the total performance costs to ensure that all improvements, facilities or work required by this ordinance will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development.

Person. Any natural person, firm, partnership, association, corporation, or limited liability company; however, this definition does not include any governmental unit.

Planned development. A proposed use of the land which requires the submission of a site plan for more than one building or structure to be approved as to requirements of this ordinance, including spatial relationships and vehicular and pedestrian circulation.

Planned shopping center. A business development of three or more outlets characterized by a unified grouping of such retail outlets served by a common circulation and parking system.

Planned unit development (PUD). A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Planning commission. The Charter Township of Shelby Planning Commission.

Planning coordinator. The planning coordinator of the planning commission.

Political sign. A temporary sign relating to the election of a person to public office, a political party, or a matter to be voted upon at an election called by a public body.

Porch, enclosed A covered entrance to a building or structure which is totally enclosed and projects out from the exterior wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Porch, open. A covered entrance to a building or structure which is un-enclosed, except for columns supporting the porch roof, and projects out from the exterior wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Portable sign. A sign not permanently anchored or secured to either a building or the ground, such as, but not limited to, trailers, "A" frame, "T" shaped, inverted T" shaped, or message board signs.

Principal building. A building which contains the primary use of the lot.

Principal use. The main use of land or structures, as distinguished from a secondary or accessory use.

Private drive. A means of vehicle access serving one property or one dwelling.

Private street or road. A street or road which is not under public ownership or control serving two or more lots.

Projecting sign. A sign affixed to a building or part thereof, which extends beyond the building wall or parts thereof, by more than 12 inches.

Public launching ramp. A space or structure at which a boat may be launched by the general public, the patrons of which do not berth their boats at the site of launching, but remove them by trailers or other means at the end of each trip.

Public nuisance. A public nuisance is any unauthorized use or violation of an applicable provision of this zoning ordinance, or violation of any permit or approval or condition contained in any permit issued or granted pursuant to this ordinance.

Public road. All public property reserved or dedicated for street traffic.

Public utility. Any persons, firm, corporation, governmental unit or other entity duly authorized to furnish to the public, electricity, gas, sanitary sewers, water, communications, transportation or other services or commodities pursuant to federal, state or municipal regulations, excluding commercial radio, television and other transmitting or relay antenna towers or monopoles.

Quarry excavation (see also 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.

Real estate sign. A business sign placed upon a site advertising that particular site is for sale, rent or lease.

Real estate sign (non-accessory). A sign placed upon a site advertising that another site or sites is for sale, rent or lease.

Recreation vehicles.

a.

A "travel trailer" is a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

b.

A "pick-up camper" is a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

c.

A "motorized home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

d.

A "folding tent trailer" is a metal, plastic or canvas folding structure, mounted on wheels and designed for travel and vacation use.

e.

"Boats" and "boat trailers" shall include boats, jet skis, floats and rafts, plus the normal equipment to transport the same on the highway.

f.

"Snowmobiles" and "all terrain vehicles", plus the normal equipment to transport the same on the highway.

Recreational vehicle (RV) park. Any lot upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Recycling center. A facility that is not a junk yard and in which recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled within a completely enclosed building.

Recycling collection point. An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

Recycling plant. A facility that is not a junk yard and in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Regulatory flood protection elevation. The elevation to which uses regulated by this ordinance are required to be elevated or flood-proofed.

Repairs. The rebuilding or removal of a part of an existing building for the purpose of maintaining its original type and classification.

Residential development identification sign. A sign used to identify a specific residential subdivision, condominium or apartment complex.

Residential entrance way. All entrance way structures including, but not limited to, walls, columns, grates, lamps, poles and signs, and associated landscaping or improvements.

Restaurant. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant, drive-in. An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

Restaurant, fast-food. Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either: 1) foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or 2) the establishment includes a drive-up or drive-through service facility or offers curb service.

Right-of-way. The right-of-way line shall be the line established by the Macomb County Road Commission or Michigan Department of Transportation in their right-of-way requirements established for Shelby Township or the township's adopted master plan.

River Valley Floodplains. River Valley Floodplains are defined and designated herein as such lands included in the channels of the Clinton River and its various branches, within boundaries of Shelby Township, and also including the land adjacent to such channels which lands are inundated in times of flood conditions, within and between the lines designated at "9500 C.F.S. (50 year) lines" on Plate 5 and sheets B3 and B4 (and data contained thereon showing the profile of the Clinton River) of the report known as Floodplain Information Report, Clinton River, Michigan, Main River and Main Branch, prepared by the United States Army Engineer District, Detroit, Corps of Engineers, August 1964. A copy of such report shall be maintained on file for public inspection in the office of the building inspector of the township.

Roadside stands. A roadside stand is a temporary or existing permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family on the premises, and its use shall not make into a commercial district land which would otherwise be an agricultural or residential district, nor shall its use be deemed an approved commercial activity.

Roof sign. A sign constructed, erected or maintained upon the roof or parapet of a building but does not project above or beyond the roof or parapet. (A sign projecting above or beyond the roof or parapet shall be deemed and defined as an "above-the-roof" sign.)

Room. For the purpose of determining lot area requirements and density in a multiple-family district, a room is 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.

Rubbish. Means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter, such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or any similar or related combinations thereof.

Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

Scenic easement. An easement, the purpose of which is to limit development in order to preserve a view or scenic area.

Screening. The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features. Screening may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition: walls, berms or plantings.

Secondary road. A road that conducts and distributes traffic and carries through-traffic as a lower order major thoroughfare to major activity centers. This is the highest order of street appropriate to a residential neighborhood and residential frontage along it should be prohibited or severely restricted.

Self-service storage facility. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

Separate ownership. Ownership of a parcel of property wherein the owner does not own adjoining vacant property.

Setback. The minimum horizontal distance between any face of the building, excluding only steps, and the adjoining property lines.

Shopping center. A group of three or more commercial establishments built primarily for retailing of goods or services on a site or sites readily accessible by motor vehicle with common access and parking.

Shopping center sign. A sign which gives identification to a shopping center whether or not under single management.

Sign. The use of any word, numeral, figure, object, device, letter, symbol, insignia, illustration, design, trademark, or combination of these, by which anything is made known to the general public, or which is commonly understood to be used to attract the attention of the general public, irrespective of where it is visible from off the site or lot. Customary displays of merchandise or objects and material within a building without lettering shall [not] be considered as a sign nor shall the customary non-communicative architecture of a building be considered as a sign.

Sign walkers. An individual who carries, holds, or displays a temporary sign or an individual dressed in a costume intended to identify a business, whether or not they also carry, hold or display a temporary sign.

Site. A parcel of land.

Skilled nursing facility. (See nursing facility, skilled).

Snipe signs. A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises which such sign is located.

Soil removal. Shall mean removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof.

Special mobile equipment. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary construction equipment, ditch-digging apparatus, and well-boring and well-servicing apparatus. The foregoing enumeration shall be considered partial and shall not operate to exclude other vehicles which are within the general terms of this definition.

Special land use. A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke or noise) is permitted in a district, subject to approval by the township and subject to special requirements, different from those usual requirements for the district in which the special land use may be located.

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.

Stable, commercial. A stable other than a private stable, where horses are boarded or are for hire or sale.

Stable, private. A structure or shelter with capacity for not more than three horses which are not boarded and are not for hire or sale and are owned by the immediate family.

State equalized valuation. The value shown on the township's assessment roll as equalized through the process of State and County equalization.

State licensed residential facility. A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act (P.A. 218 of 1979, as amended) or the Child Care Organizations Act (P.A. 116 of 1973, as amended) and provides residential services for six or fewer individuals under 24-hour supervision or care.

Story. That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A "mezzanine" shall be deemed a full story when it covers more than 50 percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more (see illustration).

Story, half. An uppermost story lying under a sloping roof, having an area of at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this ordinance, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

Street. A public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

Structural alteration. Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, stairways, or any change in the width or number of exits, or any substantial change in the roof.

Structure. Anything constructed or erected on the ground or attached to the ground, including, but without limitation to, buildings, factories, sheds, and all signage.

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 24 inches or greater.

Temporary sign. A business sign with or without letters and numerals, and made or constructed of lightweight cardboard, cloth, plastic, paper or other such materials, which are not permanently fastened to any structure, including posts with permanent footings.

Temporary use or building. A use or building permitted by the zoning board of appeals to exist during periods of construction of the main building or use, or for special events or purpose. Tents or similar enclosures used in residential zoning districts for short-term events, not exceeding three days, shall not be defined as a temporary use or building.

Tents. Tents as used in this ordinance shall mean a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.

Terratecture. The design and creation of occupiable space by means of cut-and-cover construction in the near-surface or shallow soil environment. Such structure is designed for the principal purpose of energy conservation and, as such, shall be exempt from the definition of basement.

Township. The Charter Township of Shelby, Macomb County, Michigan.

Township board. The words "township board" shall mean the Township Board of the Charter Township of Shelby.

Transfer of development rights. The conveyance of development rights by deed, easement, or other legal instrument authorized by local law to another parcel of land and the recording of that conveyance.

Transitional use. A permitted use or structure that by nature or level and scale of activity acts as a transition or buffer between two or more somewhat incompatible uses.

Travel trailer park (overnight camping facility). A place utilized for the temporary storage of travel trailers, for camping purposes, where there is no permanent storage of mobile homes for year-round occupancy, and where commercial activity is limited to service [servicing] the needs of the temporary occupants of the travel trailer park.

Tree canopy. The area of land where the outermost limits of the branches of a tree or group of trees projects perpendicularly to the existing grade of a site.

Use. It is the purpose for which land or a building is designed, arranged or intended to be used, or for which land or a building is or may be occupied.

Valley areas. Valley areas are natural or man-created land areas consisting of depressions or excavated areas below the grade of adjoining land. Such valley areas include rivers and river channels and land adjacent to river channels which are overflowed in times of high water or flood conditions, and are commonly known as floodplains; and fresh water ponds and lakes are included in such valley areas.

Variance. A relaxation by the zoning board of appeals of the dimensional regulations of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this ordinance would result in practical difficulty.

Vehicle business sign. Any sign which is painted, affixed or attached to a motor vehicle, whether licensed or not, parked or placed upon a site primarily for advertising purposes, except signs on licensed commercial vehicles in daily off-site use are not included in this definition.

Vertical projection. Any architectural feature which projects into the yard space from the ground up through the first story.

Veterinarian clinic. A place for the care, diagnosis and treatment of sick or injured animals and those in need of medical or minor surgical attention. A veterinarian clinic may include customary pens or cages which are permitted only within the walls of the clinic structure.

Wall sign. A sign attached to and placed flat against the exterior wall or surface of a building.

Walls, obscuring. An obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

Warehousing and distribution. The storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Window sign. A temporary sign attached to or painted on a window by which anything is made known to the general public and is visible and discernible off the site or from a public right-of-way.

Woodland or woodlot. A tract of land dominated by trees, but usually also containing woody shrubs and other vegetation.

Yard. An open space, unoccupied and unobstructed from the ground upward, except as otherwise provided herein, and being on the same lot with a building. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure. A "required yard" is that portion of any lot on which the erection of a main building is prohibited.

a.

Front yard is a yard on the same lot with a building between the front line of the building and the front lot line and extending from one side lot line to the other side lot line.

b.

Rear yard is 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 main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

c.

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

Yard waste. For the purpose of this ordinance, yard wastes shall be limited to leaves, grass, clippings, vegetable or other garden debris, shrubbery or brush, tree trimmings less than four feet in length and two inches in diameter, that can be converted to compost humus. This term does not include stumps, roots, agricultural wastes, animal waste, sewage sludge or garbage.

Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zone. (see: district, zoning).

Zoning board of appeals. Shall mean the Zoning Board of Appeals of the Charter Township of Shelby.

Zoning ordinance. Zoning Ordinance No. 1 of the Charter Township of Shelby, as amended.

(Ord. No. 212.5, § 38, 7-20-1999; Ord. No. 212.9, §§ 3—5, 10-17-2000; Ord. No. 212.48, 10-21-2004; Ord. No. 212.62, 10-17-2006; Ord. No. 212.71, 9-3-2007; Amend. of 7-7-2009; Ord. No. 212.92, 5-20-2014; Ord. No. 212.98, 4-7-2015)