This chapter shall be known and may be cited as the "Springfield Township Zoning Ordinance." Within the following text it may be referred to as the "chapter."

(Ord. No. 26, § 1.00, 9-13-1990)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

The term "used" or "occupied" includes the term "intended," "designed," or "arranged to be used or occupied;" the term "building" includes the term "structure" and the term "dwelling" includes the term "residence"; the term "lot" includes the terms "plot" and "parcel."

Act or doing of an act includes the omission to act.

Adult means:

(1)

A person 18 years of age or older.

(2)

A person who is placed in an adult foster care family home or an adult foster care small group home pursuant to section 5(6) of Public Act. No. 116 of 1973 (MCL 722.115(6)).

Adult business.

(1)

The term "adult business" means an establishment which may include, but is not limited to, the following:

a.

Adult bookstore, adult novelty store, or adult video store means an establishment which derives at least 35 percent of sales volume or devotes 35 percent of its floor area for sale; barter; or rental books; magazines, other periodicals, films, motion pictures, videocassettes or video discs, or photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

b.

Adult cabaret means a nightclub, restaurant, or similar establishment which, as one of its principal purposes features:

1.

Persons who appear in a state of nudity or seminudity; live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

2.

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

c.

Adult personal service business means a business having as a principal activity a person, while nude or partially nude, providing personal services for another person on an individual basis in a closed room. The term "adult personal service business" includes, but is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, tattoo parlors, wrestling studios, individual theatrical performances.

d.

Adult motion picture theater or adult arcade means an enclosed building used for presenting on-premises viewing, by use of motion picture, video or laser disc pictures or other image-producing devices or any coin-operated means, 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.

e.

Adult theater means a theater, concert hall, auditorium, or similar establishment which regularly and primarily features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(2)

The term "adult business" does not include activities performed by persons pursuant to, and in accordance with licenses issued to such persons by the state.

Adult foster care congregate facility means an adult foster care facility with the approved capacity to receive more than 20 adults who shall be provided foster care.

Adult foster care facility means a governmental or nongovernmental establishment having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged; emotionally disturbed; developmentally disabled; or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. The term "adult foster care facility" includes homes for the aged. The term " adult foster care facility" does not include any of the following:

(1)

A nursing home licensed under article 17, the Public Health Code, of Act No. 368 of the Public Acts of 1978, as amended, MCL 333.20101 to 333.22190.

(2)

A home for the aged licensed under article 17 of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended, (MCL 333.20101 to 333.22190).

(3)

A hospital licensed under article 17 of the Public Health Code, of Act No. 368 of the Public Acts of 1978, as amended, (MCL 333.20101 to 333.22190).

(4)

A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of mental health under the Mental Health Code, Act No. 258 of the Public Acts of 1974, as amended, MCL 330.1001 to 330.2106.

(5)

A county infirmary operated by a county department of social services under section 55 of the Social Welfare Act, Act No. 280 of the Public Acts of 1939, MCL 400.55.

(6)

A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under Act No. 116 of the Public Acts of 1973, as amended, MCL 722.11 to 722.128, if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:

a.

Two, if the total number of residents is ten or fewer;

b.

Three, if the total number of residents is not less than 11 and not more than 14;

c.

Four, if the number of residents is not less than 15 and not more than 20.

d.

Five, if the total number of residents is 21 or more;

e.

Residents in the institution, camp, or home are less than 26 years of age.

(7)

An establishment commonly described as an alcohol or a substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or roominghouse which does not provide or offer to provide foster care.

(8)

A facility created by Act No. 152 of the Public Acts of 1885, as amended, MCL 36.1 to 36.12.

Adult foster care large group home means an adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults who shall be provided foster care.

Adult motel means a motel which presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined in this section), for the entertainment of its patrons.

Agriculture means the art or science of cultivating the ground, the production of crops or livestock on a farm; but excluding an agricultural business or industry such as commercial greenhouses, the sale of nursery stock, and riding or boarding stables.

Alley means a public or legally established private thoroughfare, other than a street, affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

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

Animal keeping, commercial, means a land use which supports the practice of maintaining animals for the primary purpose of economic gain or production of goods or services.

Animal keeping, residential, means a land use, which is accessory to the primary residential use of the property, for the maintenance of household pets, common farm animals, or other similar animal species

Animal keeping, right to farm qualified, means a land use which is regulated by generally accepted agricultural management practices (GAAMPs).

Apartment means a dwelling unit in a multiple dwelling as defined herein.

Attached wireless communication facilities means wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

Automobile, unless specifically indicated otherwise, means any motorized vehicle intended to be driven on roads or trails, such as cars, pickup trucks, vans and motorcycles, and other vehicles defined as motor vehicles by the state vehicle code, Public Act No. 300 of 1949 (MCL 257.1 et seq.).

Automobile filling/convenience station means a building or premises used primarily 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 such as filling tires with air, checking fluid levels, adding water to batteries or radiators, and similar activities; as well as selling convenience foods and other such items through a convenience store. Minor or major automobile repair is expressly excluded from this definition.

Automobile filling/mixed-use station means a building or premises where gasoline and other petroleum products are sold in addition to the sale of convenience items, convenience foods from a fast food restaurant, and/or a car wash. The term "automobile filling/mixed-use station" also includes the sale of gasoline as ancillary to another use, such as a grocery or large retail store. Minor or major automobile repair is expressly excluded from this definition.

Automobile filling/service station means a building or premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted in a completely enclosed building. Sale of auto parts such as tires and batteries with installation integral to the sale, minor accessories for motor vehicles and convenience foods, as through a convenience store, may also be conducted. Major auto repair is expressly excluded from this definition.

Automobile impound facility means a facility that provides temporary outdoor storage for wrecked, licensed vehicles awaiting insurance adjustment or transport to a repair shop

Automobile repair facility, major, means a building or premises which engages in the business of performing intensive vehicle body work or repair services, where the activity can create objectionable noise, glare, fumes, fire or toxic hazards, involve extensive vehicle dismantling and lengthy restoration or rebuilding, for repairable crashed automobiles, commercial and recreational vehicles. The term "major automobile repair facility" does not include impounded vehicles. The following services are included in the term "major automobile repair facility":

(1)

Engine repair where the cylinder head, pan or exhaust manifold is removed;

(2)

Steam cleaning of engines; undercoating;

(3)

Vehicle painting and spray painting;

(4)

Auto glass repair and replacement;

(5)

Repair and replacement of air conditioner and parts, fuel pumps, carburetor and fuel injector parts, cooling systems, transmission, differential, trans-axles, shaft and universal joints, wheel and steering linkages and assemblies;

(6)

Rebuilding and upholstering the interior of vehicles;

(7)

Chassis, frame, body, fender and bumper molding, straightening, replacement and finishing; and

(8)

Repairs involving extensive welding, racing of engines or lengthy or overnight idling of engines or similar uses.

Sale of gasoline, automotive parts with installation integral to the sale, towing services, and automotive wash services shall be incidental to the enumerated activities in this definition.

Automobile repair facility, minor, means a building or premises which offers or provides the following services for automobiles, commercial, and recreational vehicles: routine maintenance such as checking tire pressure, changing wipers and blades, oil changes, lubrication, change of filters, sparkplugs, top off all fluids, emission system maintenance, and vacuuming the interior of the car. Also included in the term "minor automobile repair facility" are more extensive maintenance procedures recommended by the manufacturer at certain intervals such as replacement and repair of tires, starting motors, alternators, electrical system components, distributor caps, sensors, internal switches, exhaust systems, and repair or replacement of the emission system. Major automotive maintenance and repair are expressly excluded from the term "minor automobile repair facility." Sale of gasoline, automotive parts with installation integral to the sale, automotive accessories, automobile wash services, and convenience goods shall be incidental to the enumerated activities in this definition.

Automobile sales and service facility means a building or premises used primarily for the sale, lease or rental of new and/or used automobiles. These facilities may also provide both minor and major repair services in a completely enclosed building as an ancillary service.

Automobile salvage yard/junkyard means an open area of more than 200 square feet, including an automobile wrecking yard and salvage areas used for the purchase, sale, exchange, disassembly, storage, abandonment, processing, baling or packaging of junk, including, but not limited to, scrap metals, unusable machinery or motor vehicles, tires, bottles and paper, and not including uses established entirely within the enclosed buildings.

Automobile towing service means a building or premises used primarily for the operation of an automobile towing service that tows disabled automobile or disabled, impounded automobiles to major repair facilities. Also included in the term "automobile towing service" is distressed automobile transporters that transport scrapped or junked automobiles to automobile salvage yards or junkyards.

Automobile wash means a building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.

Basement means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.

Bed and breakfast establishment means a type of short-term rental where a manager or owner lives in a dwelling unit on site and at least one meal is provided to overnight guests daily.

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

Berm means a landscaped earthen undulation which gently blends into surrounding terrain.

Billboard means any nonaccessory sign, device, design or trademark, or the words, letters or numbers which make anything known to the general public and is the principal use of the lot or parcel on which it is located.

Block means the property abutting one side of a street and lying between the two nearest intersecting streets or between one intersecting street and a railroad right-of-way, unsubdivided acreage, river or stream; or between any of the foregoing and any other barrier to the continuity of development.

Buildablearea means the space remaining on a lot after compliance with the minimum required setbacks of this chapter.

Building means any structure, temporary or permanent, having one or more floors and a roof and intended for the shelter or enclosure of persons, animals and property.

Building, accessory, means a subordinate building located on the same lot with the principal building, and occupied by or devoted to an accessory use.

Building, accessory floor area, means the floor area of an accessory building, excluding any second floor or half floor.

Building frontage means the length of the building that fronts or runs parallel to the primary road right-of-way of the lot.

Building height means the vertical distance from grade plane to the average height of the highest roof surface.

Building line means a line parallel to each property boundary at the maximum extent of any structure.

Building, main or principal, means a building, or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated.

Building-mounted solar energy collector means a solar energy collector that is attached to a principal or accessory building.

Business center means a group of two or more stores, offices, research facilities or manufacturing facilities which collectively have a name different than any individual establishment and which have common parking and entrance facilities. The term "business center" may also be considered a nonresidential platted subdivision or site condominium development, such as an industrial or office park.

Campground.

(1)

The term "campground" means any one or more of the following, but specifically excluding a hospital, any use of land involving the operation of programs involving persons sentenced or assigned to said programs by governmental agencies or courts of law having statutory authority to detain persons against their will, a seasonal mobile home park licensed under Public Act No. 96 of 1987 (MCL 125.2301 et seq.) and/or a hotel or motel:

a.

Type I. Any area of land or water of a design or character suitable for seasonable nature, recreational, or other similar temporary living purpose;

b.

Type II. An area in which sites are offered for the use of the public or members of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for five or more recreational units, located within a type I area; or

c.

Type III. Any building, or group of buildings, including dormitories and cabins, located within a type I area, providing temporary living quarters for recreation, education, or vacation purposes, on a commercial basis or for charitable purposes.

(2)

For purposes of this chapter, the following additional terms are defined:

Recreational unit means a tent or vehicular-type structure, primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. A tent means a collapsible shelter of canvas or other fabrics stretched and sustained by poles and used for camping outdoors. The term "recreational unit" includes the following:

a.

A travel trailer, which is a vehicular portable structure, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use.

b.

A camping trailer, which is a vehicular portable structure mounted on wheels and constructed with collapsible partial sidewalls of fabric, plastic, or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

c.

A motor home, which is a vehicular structure built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or travel use.

d.

A truck camper, which is a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping, or travel use. Truck campers are of two basic types:

1.

A slide-in camper, which is a portable structure designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters for recreational, camping, or travel use.

2.

A chassis-mount camper, which is a portable structure designed to be affixed to a truck chassis, and constructed to provide temporary living quarters for recreational, camping, or travel use.

e.

A single sectional mobile home used only to provide temporary living quarters for recreational, camping, or travel use. Recreational unit does not include a mobile home used as a permanent dwelling, residence, or living quarters.

Temporary campground means a type II campground used on a short-term basis not to exceed a period of four weeks, that is licensed by the state in conjunction with an event such as a festival, fair, race or holiday.

Temporary living quarters, as related to camping, means a recreational unit or a building within a type III camp, which is occupied or used for more than four hours between the hours of 10:00 p.m. to 6:00 a.m., and which is not intended to be occupied or used by a single person for in excess of three consecutive months.

Cemetery means land used or intended to be used for burial of the human dead, and dedicated for such purpose.

Clinic means 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 its service of its patients, but may not include facilities for in-patient care or major surgery.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities, but in no way operated for profit.

Cluster housing means a development design technique, approved by the township, which concentrates single-family lots in specific areas on a site to allow the remaining land to be used for recreation, common open space, and/or preservation of natural resources and features.

Collocation means the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

Commercial in the context of a farm operation means performing commercial production of any amount, without any minimum threshold of commercial activity.

Commercial livestock operation is a specific type of commercial animal keeping in which livestock are bred and/or raised for the intent of selling all or part of the animal or animal product.

Commercial vehicle means any vehicle bearing or required to bear commercial license plates and which falls into one or more of the categories listed as follows:

(1)

Truck tractors;

(2)

Semitrailers, which includes flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures;

(3)

Vehicles of a type that are commonly used for the delivery of bread, fruit, milk and ice cream or similar vending supply or delivery trucks. This category shall also include vehicles similar in nature that are commonly used by construction-oriented contractors, such as electricians and plumbers;

(4)

Tow trucks;

(5)

Commercial hauling trucks;

(6)

Vehicle repair service trucks;

(7)

Snow plowing trucks;

(8)

Any other vehicle similar to the vehicles listed in subsections (1) through (7) of this definition.

Community and civic event means events intended for community-wide service, education, civic, municipal special events, entertainment uses, and other activities, fairs and festivals open to the general public.

Community recreation center means a public building that accommodates educational and recreational programming, such as indoor exercise facilities, indoor court sports facilities, arts and crafts activity rooms, educational enrichment programs, and meeting space for service and social clubs, neighborhood organizations, and special interest groups.

Community sewer system means a facility for the transportation, collection, processing or treatment of sanitary sewage, which is owned or used by a nongovernmental entity and which is proposed to service more than one structure.

Condominium.

(1)

The term "condominium" means a place or project consisting of not less than two condominium units established in conformance with the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.) (the Act), and this chapter.

(2)

The following additional definitions shall apply in the application of the regulations of this chapter:

Common elements means the portion of a condominium project other than the condominium units.

Condominium documents means the master deed, recorded pursuant to the Act, and any other instrument referred to in the master deed which affects the rights and obligations of a co-owner in the condominium.

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

Conversion condominium means a condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under section 71 of the Act (MCL 559.171).

General common elements means the common elements other than the limited common elements.

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

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 for the project and all other information required by the Act.

Site condominium means a condominium development in which each co-owner owns exclusive rights to a volume of space within which a structure may be constructed, herein defined as a condominium unit, as described in the master deed. A condominium lot in a site condominium includes a condominium unit and any contiguous limited common element, appurtenant to and surrounding the condominium unit.

Defined in the Act means terms not defined in this section, but which are defined in the Act, that shall have the meanings ascribed to them in the Act.

Conifer or coniferous means a woody plant, usually evergreen, with cones and needle-shaped or scale-like leaves.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with same and having a floor area of less than 5,000 square feet.

Cultivar means a certain variant of a species that is propagated for ornamental use.

Day care facilities. The following definitions shall apply in the construction and application of this chapter:

(1)

Day care center means a facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.

(2)

Group child care home means those terms as defined in section 1 of Public Act No. 116 of 1973 (MCL 722.111), and only apply to the bona fide private residence of the operator of the group child care home.

(3)

Family child care home means those terms as defined in section 1 of Public Act No. 116 of 1973 (MCL 722.111), and only apply to the bona fide private residence of the operator of the family child care home.

Direct lake accessproperty means lake front property or other property on a navigable tributary of a lake which is used to access a lake exclusively by the owner or occupant of the property.

District (zoning district) means a portion of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Dog park means any fenced, off-leash dog play area designated within a park for that purpose.

Dwelling, multiple-family, means a building or portion thereof containing three or more dwelling units.

Dwelling, one-family, means a detached building containing one dwelling unit.

Dwelling, two-family, means a detached building containing two dwelling units.

Dwelling unit (also referred to as residence) means one or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes.

Ecosystem means an ecosystem consists of a dynamic set of living organisms (plants, animals, and microorganisms) all interacting among themselves and with the environment in which they live (soil, climate, water, and light).

Efficiency apartment means a dwelling unit with a bathroom and principal kitchen facilities designed as a self-contained unit for occupancy for living, cooking and sleeping purposes and having no separate designated bedroom.

Entrance ramp means a roadway used for access from a feeder road to a limited access highway.

Environmental education center means a building or other facility whose principal use is to educate the public through curriculum, programs, and displays about the natural world. A main focus is generally placed on increasing awareness, knowledge and skills that result in understanding, commitment, informed decisions, and constructive action to ensure stewardship of the earth's environment.

Environmentally sound landscape management practices means landscape management practices that use appropriate native plant species for the site conditions, filter stormwater pollutants and promote infiltration, improve wildlife habitat, reduce the need for irrigation, minimize the use of chemical pesticides and fertilizers, and significantly reduce or eliminate the use of gasoline-powered landscaping equipment.

Equestrian facility means any parcel where five or more horses or other equestrian animals are rented, hired, used for training, or boarded for compensation and/or where temporary or permanent, indoor or outdoor equestrian riding, driving, or showing facilities are provided.

Erected means built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

Excavation means any breaking of ground, except common household gardening, general farming and ground care.

Exit ramp means a roadway used for access from a limited access highway to a feeder road.

Exotic invasive plant species means an exotic plant species that has no natural controls and is able to out-compete and gradually displace native plants. A list of prohibited exotic invasive plant species is included in this chapter.

Exotic noninvasive plant species means an exotic plant species in which the spread is controlled in some manner and is not listed in this chapter as an exotic invasive plant.

Exotic plant species means a plant species that has evolved in a country or region other than Oakland County, Michigan, and has been introduced by human activity.

Facade means that portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

Family.

(1)

A family shall be defined as meeting one of the following:

a.

One or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit.

b.

Not more than four persons plus their offspring living as a single housekeeping unit.

c.

A group of not more than 12 unrelated disabled persons, each of whom is handicapped within the meaning of the Fair Housing Act, 42 USC 3602(h), living together as a single housekeeping unit in an adult foster care home licensed by the state, with such nonresident staff as may be needed to assist the residents with their daily life activities, but not receiving funding through a contract with any state or community health or social service agency.

(2)

For purposes of subsections (1)a and (1)b:

a.

To be considered a "single housekeeping unit," the relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit; and

b.

The term "single housekeeping unit" does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or group of individuals where the common living arrangement or basis for the establishment of the housekeeping unit is on a temporary basis.

Farm means a tract of land of not less than four acres in a single ownership or single operation on which agriculture is the principal use.

Farm animal means domestic animals; exotic animals; any other animal so long as the animal is kept for the purpose of a farm product, for farm operation, or service to humans.

Farm operation means the operation and management of a farm or a condition or an activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products including those described in the Michigan Right to Farm Act.

Farm product means those plants and animals useful to human beings produced by agriculture as described in the Michigan Right to Farm Act.

Feedlot means the place of the confined keeping of livestock or other animals for food, fur, pleasure, resale or training purposes in yards, lots, pens, buildings or other areas not normally used for pasture or crops and in which abnormal amounts of manure or related other animals wastes may originate by reason of keeping such animals, all of which to include chickens, ducks, geese and other fowl.

Fence means a structure of definite height and location, which serves as a physical barrier or enclosure.

Filling means the depositing or dumping of any matter onto or into the ground, except common household gardening and ground care.

Fitness facility means a facility of 5,000 square feet or less, which is designed and equipped for members to participate in activities for physical exercise and fitness.

Fitness/sports club means a facility, which includes multiple activities and is designed and equipped for members to participate in sports, physical exercise and fitness and other recreational activities. A fitness/sports club may include a gymnasium, sports courts, swimming pools, jogging tracks, workout rooms and similar activities and may also include accessory support service such as a snack bar or child care, provided such services are offered only to members.

Fleet fuel storage and dispensing facility means a state-certified facility that is generally unmanned, where bulk fuels are stored for the express use of authorized persons to dispense into approved containers for their own use or to distribute to customers. The term "fleet fuel storage and dispensing facility" expressly excludes retail sale or dispensing of fuels.

Floor area means a horizontal area measured to the exterior face of exterior walls, or in the case of unenclosed structures and portions of structures to the exterior of the structure supporting the roof.

Food truck means a mobile retail food vendor/establishment that is readily movable as part of a motorized wheeled vehicle or a towed wheeled vehicle, and that is designed and equipped to serve food.

Forb means any nongrass-like plant having little or no woody material, commonly referred to as a wildflower.

GAAMPs means generally accepted agricultural and management practices as defined in the Michigan Right to Farm Act.

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

Garage, private residential, means an accessory building used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located.

Garage, public parking, means a structure available to the public for the parking and storage of motor vehicles, including such accessory uses as the sale at retail of gasoline (stored only in underground tanks) or motor oil and the washing, polishing and lubrication of motor vehicles, all within the structure.

Grade plane means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building between the structure and a point six feet from the building.

Greenbelt means an open landscaped area intended to act as a transition between a right-of-way and/or thoroughfare and an existing or proposed development.

Ground-mounted solar energy collector means solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located.

Hazardous substances includes hazardous chemicals as defined by the state department of community health and the state department of energy, labor and economic growth; flammable and combustible liquids as defined by the Michigan Department of State Police, Fire Marshal Division; hazardous materials as defined by the U.S. Department of Transportation; and critical materials, polluting materials, and hazardous waste as defined by the state department of natural resources and environment. Petroleum products and waste oil are subject to regulation under this chapter.

Herbaceous refers to a plant with little or no woody tissue that often dies back to its roots each year during winter.

Home occupation means an occupation, activity or hobby that is traditionally or customarily carried on within the walls of a dwelling unit.

Horses means mules, burros, ponies, jacks, hinnies and other quadrupeds of the genus equus.

Hospital means an institution providing health services primarily for in-patients, plus medical and surgical care for the sick or injured, including such related facilities as laboratories, outpatient departments, central service facilities and staff offices.

Hotel (including motel) means a group of rooming units rented for compensation on a per night or weekly basis that is made available to guests for overnight occupancy, with more than five overnight rooms for guests.

Household pet means a domesticated animal which is typically maintained primarily within a residence. The term "household pet" includes, without limitation, cats, dogs, fish, gerbils, household birds within small cages, rabbits, and other similar domesticated animals.

Inland lake or stream means a natural or artificial lake, pond or impoundment, a river, stream or creek which may or may not be serving as an established county drain or any other body of water which has definite banks, a bed and visible evidence of a continued flow or continued occurrence of water.

Kennel, commercial, means an establishment wherein or whereupon three or more dogs or cats are confined or kept for sale, boarding, breeding, or training purposes for remuneration.

Keyhole lake accessproperty means property which abuts a lake or a navigable tributary thereto and which provides lake access to owners or occupants of nearby property which does not abut the lake.

Laboratory means an establishment devoted to scientific, industrial or business research and experimental studies including testing and analyzing, but not including manufacturing of any nature.

Lake includes navigable tributaries of a lake.

Lake access means use of a lake for any purpose.

Lake frontage means property with frontage on a lake or a river, stream or canal that leads to a lake.

Large scale retail development means a retail development which exceeds 60,000 square feet in gross floor area in one or more buildings located on a single lot proposed as a single project.

Lighting means a variety of types and applications used to illuminate a site and or provide decorative and/or landscape lighting, as defined below:

(1)

Building facade lighting means direct/indirect illumination of building mounted canopies, building architectural elements, and accent points.

(2)

Color Rendering Index (CRI) is the "measure of the degree of color shift objects undergo when illuminated by the light source as compared with the color of those same objects when illuminated by a reference source, of comparable color temperature" (i.e., red colors look red under light source with high CRI; they make look scarlet under lower CRI).

(3)

Correlated Color Temperature (CCT) is a measure in degrees Kelvin (K) of lights warmness or coolness. Lights with CCT of less than 3200 K are orangish and considered warm. Lights with CCT of greater than 4,000 are bluish-white and considered cool.

(4)

Full Cut off Fixture is a fixture that allows no light emission above a horizontal plane through the fixture.

(5)

Landscape lighting means landscaping within greenbelts, trees, flower beds and features.

(6)

Parking lot lighting and facility lighting means lighting within the parking lot as well as lighting at points of ingress and egress.

(7)

Pedestrian lighting means decorative fixtures for sidewalks and pathways.

(8)

Sky glow means the diffuse illumination of the night sky attributable to light emitted from sources on the ground.

(9)

Streetscape lighting means decorative exterior fixtures intended to enhance the aesthetics of the site.

Limited public access means access to a lake by the public which is restricted by means of regulation, ordinances, because of physical limitations, or other reasons.

Livestock means those species of animals used for human food and fiber, or those species of animals used for service to humans.

Livestock, large, means livestock animals that typically weigh more than 200 pounds at maturity. Large livestock include animals of a similar size and resource intensity such as, but not limited to, cattle, bison, deer, llama, and market pigs.

Livestock, small, means livestock animals that typically weigh 200 pounds or less at maturity. Small livestock include animals of a similar size and resource intensity such as, but not limited to, sheep, goats, alpacas, potbelly and domesticated pigs, ostriches, pheasants, emus, and miniature horses.

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

Lodging unit means one or more rooms with private bathroom and kitchen facilities designed as a self-contained unit for occupancy by temporary overnight guests.

Lot shall mean a contiguous and defined tract of land, under single ownership or control, that is used or intended to be used for purposes as allowed by this chapter. A lot may consist of (a) a single lot of record; (b) a portion of a lot of record; or (c) a combination of one or more lots of record or portions thereof.

Lot area means the total horizontal areas within the lot lines of a lot. For lots fronting or adjacent to private streets, the term "lot area" means that area within lot lines and not including any portion of said private street.

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of the streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner for the purposes of this chapter if the arc 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.

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

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

Lot, interior, means any lot other than a corner lot or through lot.

Lot lines means the lines bounding a lot as defined herein:

(1)

Front lot line means:

a.

In the case of an interior lot, the line separating the lot from the street.

b.

In the case of a through lot, the line separating the lot from that street which is designated in an application for a building permit or in any other manner as the front street.

c.

In the case of a corner lot, the lines separating the lot both from that street which is designated as the front street in an application for building permit and from the side street are front lot lines.

(2)

Rear lot line means the 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.

(3)

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

Lot of record shall mean a tract of land that meets one of the following requirements: (a) a lot shown on a subdivision plat recorded in the office of the Oakland County Register of Deeds; (b) a unit or common element in a condominium development, shown on a condominium subdivision plan recorded at the office of the Oakland County Register of Deeds; or (c) a parcel described by metes and bounds, shown on the tax assessment records of the township. A "lot of record" may be, but is not required to be, the same as a "lot".

Lot, through, means a double frontage lot, not a corner lot, having a street for both front and rear lot lines.

Lot width means the length of a straight line measured between the two points where the setback line intersects the side lot lines.

Major thoroughfare means an arterial street which is designated as major thoroughfare on the thoroughfare plan for the township.

Marginal access road means a service roadway parallel to a feeder road; which provides access to abutting properties and protection from through traffic.

Marijuana. Marijuana, also known as marihuana, also known as cannabis. The term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1 (MMMA), MCL 333.26423(d). Any other term pertaining to marijuana used in this chapter and not otherwise defined shall have the meaning given to it in the MMMA and/or in the rules adopted by the department of licensing and regulatory affairs or the state marijuana regulatory agency, issued in connection with the MMMA.

Marijuana collective, cooperative or dispensary means any facility, structure, dwelling or other location where medical marijuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the MMMA, or a person in possession of an identification card issued under the MMMA or in possession of an application for such an identification card. The term "collective" or "cooperative" shall not apply to an individual registered primary caregiver that provides necessary care and medical marijuana for medical use exclusively to his/her five or fewer designated qualifying patients in strict accordance with the MMMA or and/or in the rules adopted by the department of licensing and regulatory affairs or the Michigan marijuana regulatory agency, issued in connection with the MMMA. A "marijuana collective, cooperative or dispensary" shall not include the following uses: a state-licensed health care facility; a state-licensed residential care facility for the elderly or infirm; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the state.

Marijuana cultivation building means an accessory structure, on a lot owned by a registered primary caregiver, within which the medical use of marijuana is conducted.

Marijuana dispensary or dispensary. See Marijuana collective, cooperative or dispensary.

Marquee means a roof-like structure of a permanent nature projecting from the wall of a building.

Master plan (comprehensive plan) means the official comprehensive plan for the development of the township, including, but not limited to, graphic and written proposals for thoroughfares, parks, schools, public buildings, land use and the general physical development of the township.

Materials recovery facility (also recycling facility) means a facility as defined under Part 115 of 1994 PA 451, MCL 324.101—324.90106 that receives primarily source separated material and sorts, bales, or processes the source separated material for reuse, recycling, or utilization as a raw material or new product.

Materials recovery facility, intensive, means a materials recovery facility characterized by at least one of the following:

(1)

The materials recovery facility requires a general permit under Part 115 of 1994 PA 451, MCL 324.101—324.90106.

(2)

The materials recovery facility accepts materials from vehicles that are not operated by the materials recovery facility or their designees.

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

Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story occupying not more than one-third of the floor area of such main story.

Michigan Medical Marihuana Act or MMMA. PA 2008, Initiated Law 1, MCL 333.26421 et seq.

Michigan Natural Features Inventory (MNFI) means an organization of environmental professionals that gathers, stores and provides information on the natural features of the state. The information is gathered through such methods as aerial analysis, field inventories and from other scientists and naturalists.

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

Mobile home 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.

Motel. See Hotel.

Native plant community means a collection of plant species native to Oakland County, Michigan that have evolved together under similar site conditions.

Native plant species means a native plant species is one that has naturally evolved over thousands of years under certain soil, hydrologic, and other site conditions. Where the term "native plant species" is used in the text, it means a straight species, not a cultivar of a species.

Natural landscaping means a property that is landscaped so as to exhibit the deliberate and conscious decision to plant, cultivate and maintain those native species identified as wildflower, grass, shrub or tree as described in the Michigan Plants Database of the Floristic Quality Assessment (MDNR and U.S. Dept. of Agriculture), and in the Springfield Township Native Vegetation CD-ROM database. This landscaping tries to capture the character and spirit of nature in a designed landscape by arranging plants in a community context similar to their arrangement in nature. This landscape style does not allow for the simple neglect of maintaining plantings on a property.

Natural resource buffer zone means a strip of land inhabited by existing trees, shrubs, wildflowers, grasses, sedges, ferns, and other vegetation adjacent to a natural feature/ecosystem that provides a physical separation and reduces or eliminates the impacts of land use practices on the natural feature/ecosystem.

Natural resources and features means elements occurring naturally on a site which have physical, biological, cultural or aesthetic importance to natural systems, the overall landscape for the character of the township.

Navigable means usable by commercial shipping or capable of floating logs or timbers.

Nonconforming building(nonconforming structure) means a building or structure (or portion thereof) lawfully existing at the time of adoption of the ordinance from which this chapter is derived or a subsequent amendment thereto, that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the zoning district in which it is located.

Nonconforming use means a use of a building or structure or of a parcel or tract of land, lawfully existing at the time of the adoption of the ordinance from which this chapter is derived or a subsequent amendment thereto, that does not conform to the use of regulations of this chapter for the zoning district in which it is situated.

Nonconforming use and building means a use and/or a building lawfully existing at the time of adoption of the ordinance from which this chapter is derived or a subsequent amendment thereto which does not conform to the use and height, bulk, placement, yard or off-street parking provisions for the zoning district in which it's situated.

Nudity or a state of nudity means knowingly or intentionally displaying human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or a showing of the covered male genitals in a discernibly turgid state.

Nursery, plant material means a space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping. The term "nursery," within the meaning of this chapter, does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Nursery school means a public or private school which provides prekindergarten education for children.

Nursing home (convalescent 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.

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

Off-street drive-through means a facility or space which permits patrons to be served while remaining in their automobile.

Off-street loading space means a facility or space which permits the loading or unloading of trucks and other vehicles other than on or directly from a public right-of-way.

Off-street parking lot means a facility with one or more off-street parking spaces along with adequate drives and aisles.

Off-street parking space means an area exclusive of drives, aisles and accesses for the parking of automobiles.

Off-street stacking lane means an area where automobiles temporarily wait to be served at an off-street drive-through.

Off-street waiting space means an area, exclusive of drives, aisles and accesses for the temporary parking of automobiles while picking up or dropping off passengers.

Opacity means the state of being impervious to sight.

Open-front store means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open-front store" does not include automobile service stations or used car lots.

Ordinary high-water mark means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high-water mark.

Outdoor cafe means an outdoor dining area operated by a restaurant or other food establishment which sells food, beverages, or alcoholic beverages for immediate consumption, located on the same site as the related business, and that provides waiter/waitress service.

Outdoor seating means an outdoor area operated by a restaurant or other food establishment which sells food or beverages for immediate consumption, located on the same site as the related business, that provides seating outside of the establishment for patrons and other persons. This area does not provide waiter or waitress service or offer alcoholic beverages, is unenclosed by fixed walls, and open to the air.

Park, active recreation, means an area of open space dedicated to recreational activities that require intensive development of facilities and often involve cooperative or team activities.

Park, passive recreation, means an area of open space dedicated to recreational activities that require a low-level of development and preservation of natural areas, and often involve solitary or small group, unstructured activities.

Partially nude means a person having any or all of the following body parts exposed: buttocks, genitals, pubic area or female breast.

Pathway means a hard surface usually concrete or bituminous, established for pedestrian non-motorized transportation. Pathways may be located within the public road right-of-way or within private easement and are physically separated from motor vehicular traffic by an open space. Pathways shall be no less than five feet wide, to be constructed in accordance with chapter 12, section 3, pedestrian facilities, of the township's design and construction standards.

Plant material means a collection of living evergreen and/or deciduous woody stemmed trees, shrubs, vines, and ground cover.

Pole barn means any accessory building of a pole type construction wherein supporting vertical wall members are installed at a minimum depth of 42 inches below grade and said wall members may consist of wood or steel not to exceed 25 feet in height.

Poultry means domesticated avian species that can be raised for eggs, meat, and/or feathers.

Poultry, large, means animals of a similar size and resource intensity as peahens, turkeys, ducks, and geese.

Poultry, small, means animals of a similar size and resource intensity as quail, pigeons, guinea fowl, and chickens.

Priority resource protection area means a tract of land or water, identified by the township on the priority resource protection map, which does not have any minimum or maximum area requirement, but has the following characteristics:

(1)

Has retained or reestablished its natural character;

(2)

Has unusual flora and fauna or biotic, geologic, scenic, or other similar features of educational or scientific value;

(3)

Has been identified and verified through research and study by qualified observers; and/or

(4)

May be coextensive with or part of a wilderness area or wild area.

Public access means a site for lake access provided by the state or any political subdivision thereof, a commercial marina or other property owner for the use of the general public whether with or without charge.

Public utility means any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication telegraph, transportation or water.

Record owner means the person whose name appears upon the last township tax assessment records as the owner of the parcel of property.

Recreation land means any public or private owned lot or parcel that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature study, hunting, boating or fishing.

Recreational vehicle/equipment means a vehicle which is intended for temporary human habitation, sleeping and/or eating suitable for travel or recreational purposes, or a vehicle that moves one or more persons over the ground, water, ice or snow, and which is either self-propelled or connects to a vehicle which is self-propelled and is not included in the definition of automobile. The term "recreational vehicle" includes, but is not limited to, travel trailers, pickup campers, motor homes, van/campers, folding tent trailers, boats and boat trailers, snowmobiles, personal watercraft, all-terrain or special terrain vehicles, utility trailers and the typical equipment used to transport them on the highway.

Recreational vehicle sales and service facility means a building or premises used primarily for the sale, lease or rental of new and/or used recreational vehicles. These facilities may also provide both minor and major repair services in a completely enclosed building as an ancillary service.

Recyclable materials means reusable material, including, without limitation, wood, metals, glass, plastic, paper, concrete, and yard waste (leaves, grass clippings, weeds, hedge clippings, garden waste, and twigs), which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include hazardous waste as defined in Michigan Public Act 451 of 1994, as amended, nor any material containing more than one percent putrescible material (except for yard waste).

Required parking means areas devoted to customer, visitor and employee parking.

Restaurant means 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 characteristic of a carry-out, drive-in, drive-through, fast food, sit-down restaurant, or bar/lounge, or combination thereof, as defined below:

(1)

Restaurant, carry-out, means a restaurant whose method of operation involves sales 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 restaurant whose method of operation is serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the structure.

(3)

Restaurant, drive-through, means a restaurant whose method of operation involves the delivery of ready-to-consume food and/or beverages from a window to customers in their motor vehicles for consumption off the premises.

(4)

Restaurant, fast food, means a restaurant 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 or outside of the structure, for consumption off the premises, but not in a motor vehicle at the site.

(5)

Restaurant, sit-down, means a restaurant whose method of operation involves either:

a.

The delivery of prepared food by servers to customers seated at tables within a completely enclosed building or a designated and licensed area; or

b.

The acquisition by customers of prepared food at a cafeteria line and its subsequent consumption by the customers at tables within a completely enclosed building or a designated and licensed area.

(6)

Bar/lounge means a type of restaurant which is operated primarily for the dispensing of alcoholic beverages/liquors 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.

Rezoning means a request to change the zoning map of the ordinance from which this chapter is derived.

Right-of-way (ROW) means a strip of land occupied or intended to be occupied by a street, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or other special use.

Right to Farm Act means the Michigan Right to Farm Act, Act 93 Public Acts of 1981 as same may be amended from time to time in the future.

Riparian owner means a person whose property adjoins a lake or who has rights of access to a lake because of a recorded instrument granting such rights.

Roadside stand means a temporary or existing permanent structure containing not more than 200 square feet of enclosed floor area and operated for the purpose of selling agricultural, dairy or poultry products raised or produced only by the proprietor of the land or by his family.

Rooming unit means a room or group of rooms, forming a single habitable unit used for living and sleeping, that does not include kitchen facilities for cooking and baking.

Screen means a barrier composed of living plant material, berm, or wall, or a combination thereof for the purpose of visual concealment and/or noise reduction.

Secondary containment means structures used to contain the accidental spill or discharge of aboveground storage and use areas for hazardous substances and polluting material. Secondary containment structures must provide protection from the weather, leakage, accidental damage, and vandalism of the material stored therein.

Self-storage facility means a building or group of buildings containing varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of residential goods and personal property.

Service stall means a portion of the building associated with an automobile filling/service station, automobile repair facility and automobile sales and service facility, which is equipped and used for service of automobiles.

Setback line, required, means a line, marking the setback distance from the street or lot lines, which establishes the minimum required front, side or rear open space of a lot.

Shipping container means a steel box used for intermodal shipping of products and materials between locations. Such containers are designed and constructed to standards established by the International Organization for Standardization (ISO) and are typically ten, 20, 30 or 40 feet long.

Short-term rental(including bed and breakfast establishments) means an individual lodging unit, rooming unit, or group of lodging or rooming units rented for compensation for up to 30 days with five or fewer guest rooms, excluding hotels.

Sidewalk means a concrete surface established for pedestrian non-motorized use. Sidewalks typically are located within residential developments along or adjacent to a roadway, or within nonresidential developments to provide internal access. Sidewalks shall be no less than four feet wide, to be constructed in accordance with chapter 12, section 3, pedestrian facilities, of the township's design and construction standards.

Sign.

(1)

The term "sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. House numbers, addresses, and name plates not exceeding two square feet shall not be considered signs.

(2)

For the purpose of this chapter, the term "sign" shall also include the following terms:

Animated sign means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Banner means any sign of lightweight fabric or similar material that is attached to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Building marker means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of other permanent material.

Building sign means any sign attached to any part of a building, as contrasted to a freestanding sign. The term "building signs" includes the following types of signs as defined in this section: banner, canopy, projecting, wall, and window.

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

Changeable copy sign means 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 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 purposes of this chapter.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Ground sign means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is licensed operable and used in the normal day-to-day operations of the business.

Projecting sign means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Wall sign means any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Site area (gross) means the total horizontal area included within the lot lines of a lot or parcel of land.

Site area (net) means the total horizontal area included within the lot lines of a lot or parcel of land, minus area dedicated to road rights-of-way.

Site plan means a plan showing all salient features of a proposed development, as required under provisions of this chapter, so that it may be evaluated in order to determine whether it meets the provisions of this chapter.

Solar energy means radiant energy (direct, diffuse, and reflected) received from the sun.

Solar energy collector means a device or combination of devices, structures or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.

Solar energy system means a solar collector or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use.

Solar energy system, private means a single residential or small business-scale solar energy conversion system consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one acre of land, and that will be used only to produce utility power for on-site users. The system shall not be used for any commercial sale of energy, except for the sale of surplus electrical energy back to the electrical grid for credit to the account for the parcel on which the energy system is located.

Solar panel means a panel consisting of an array of solar cells used to generate electricity directly from sunlight.

Solar shingles means a roofing product made by combining thin film solar technology (which converts sunlight to electricity) with a durable backing to provide a structural roof shingle comparable to traditional shingles.

Solid waste processing and transfer facility means a tract of land, a building or unit and any appurtenances of a building or unit, a container, or any combination of these that is used or intended for use in the handling, storage, transfer, or processing of solid waste, and is not located at the site of generation or the site of disposal of the solid waste.

Solid waste processing and transfer facility, intensive, means a solid waste processing and transfer facility characterized by at least one of the following:

(1)

The solid waste processing and transfer facility is a licensed facility under Part 115 of 1994 PA 451, MCL 324.101—324.90106.

(2)

The solid waste processing and transfer facility is a registered facility under Part 115 of 1994 PA 451, MCL 324.101—324.90106 and accepts materials from vehicles that are not operated by the solid waste processing and transfer facility or their designees.

Sound means a vibrational fluctuation of air pressure that is detected by the ear and having a frequency range of 20 Hz to 20,000 Hz. For the purpose of this chapter the term sound shall also include the following terms:

Ambient sound level means sound level in the absence of the noise being evaluated for impact. Sometimes also referred to as background sound level.

ANSI means American National Standards Institute (ANSI).

Average sound level means the integrated sound level over the measurement time period which provides an energy equivalent of a constant sound level over the same period of time. Also known as Equivalent Sound Level or L _eq .

A-weighted sound level means a sound level with a spectrum that has been modified using the A-weighting frequency filter as defined by the ANSI S1.4 standard and is commonly denoted with units of dB(A). A-weighted sound levels are used to emulate the human hearing response at low to moderate sound levels.

C-weighted sound level means a sound level with a spectrum that has been modified using the C-weighting frequency filter as defined by the ANSI S1.4 standard commonly denoted with units of dB(C). C-weighted sound levels are used to emulate the human hearing response at moderate to high sound levels, particularly for sound containing high levels of low frequency content such as idling trucks and loud music.

Decibel (dB) is logarithmic ratio use to describe the human perception of sound. See "sound pressure level."

Fast meter response means the setting on a sound level meter that controls the rate at which the meter responds to rising and falling sound levels based on 125 milliseconds exponential time averaging.

ISO means International Standards Organization (ISO).

NIST means National Institute of Standards and Technology (NIST).

Noise level see "sound pressure level" [below].

Receiving property means property that is normally occupied by persons to which noise may create an impact.

Sound pressure level also known as "sound level," is a numerical value calculated as 20 times the logarithm of the quantity of the root mean square measured sound pressure divided by the reference sound pressure of 20 μPa and identified with the logarithmic unit decibels or dB. For the purposes of this ordinance, sound pressure level, sound level and noise level can be used interchangeably and will have the same meaning.

Tone means a sound with a sinusoidal wave form containing a single frequency or set of frequencies that are natural numeric multiples (harmonics) of the primary frequency.

Special events facility means place with permanent facilities and/or areas used for indoor and/or outdoor assembly to which the general public is admitted or invited. The facility is designed to provide a venue for continually changing events offered for a limited time or number of performances including but not limited to entertainment, such as musical concerts or performing arts; education, such as lectures or educational demonstrations; or other temporary exhibitions or performances. Regularly-scheduled religious services conducted inside a building are expressly excluded from this definition.

Special land use means uses permitted subject to special conditions requiring approval by the township board after review and recommendation by the planning commission.

Specified anatomical areas means:

(1)

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

(2)

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

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation.

(2)

Acts of human masturbation, sexual intercourse, or sodomy; and

(3)

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

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.), or the child care organizations act, Public Act No. 116 of 1973 (MCL 722.111 et seq.), and provides residential services for six or fewer persons under 24-hour supervision or care.

Storage pod or portable storage container means a box container constructed of wood, steel, or other similar material such as "Portable on Demand Storage" also known as PODS®.

Story means that part of a building, except a mezzanine or basement, as defined herein, included between the surface of one floor and the surface of the next floor above it, or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50 percent of the usable floor area of the floor immediately below it.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street line (right-of-way line) means the dividing line between the street and a lot.

Structure means any constructed or erected material, the use of which requires location on the ground, or attachment to something having location on the ground, including but not limited to, buildings, towers, and sheds, but excepting fences, signs, and walks, drives, pavements and similar access or circulation facilities.

Temporary and seasonal sales means events intended for short-term sale or promotion of goods and services. This includes seasonal markets, holiday sales and fireworks stands, temporary sales events, sidewalk sales, dealership tent sales, outdoor craft sales, and seasonal product sales on occupied or vacant parcels.

Temporary use or temporary building means a use or building permitted to exist during periods of construction of a main building or use, or for special events.

Temporary use or temporary dwelling means a temporary dwelling permitted to exist during periods of time due to the principal building being destroyed in whole or in part by fire, explosion or natural disaster and therefore unsuitable for use; or the principal dwelling is under construction by the occupant of the temporary dwelling.

Township means the Charter Township of Springfield, Oakland County, Michigan. Where township approval is required by this chapter, it shall be granted by the township supervisor or his designee, unless the language specifically requires action by the township board or some other individual, board, commission or committee.

Trail means a surface established for pedestrian non-motorized use. Trails are located within a park or natural area for outdoor recreation and access to natural features. Paved trails shall be no less than four feet wide, to be constructed in accordance with chapter 12, section 3, pedestrian facilities, of the township's design and construction standards. Unpaved trails shall be an aggregate surface as detailed in chapter 12, section 3, pedestrian facilities, of the township's design and construction Standards, or may be approved for woodchips, mowed vegetation, or other alternate surface as determined by the township during site plan review.

Truck stop means a facility which offers specialized and transient services for trucks including: gasoline, diesel fuel, truck/auto repair, food services, lodging or truck parking areas.

Truck storage means an area used for the temporary storage of private trucks or trucks for hire.

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

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area; children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.

Use, accessory, means a subordinate use which is customarily incidental to the principal use on the same lot or parcel.

Use, principal, means the primary and chief purpose for which a lot or parcel is used.

Variance means a modification of the literal provisions of this chapter granted by the zoning board of appeals in situations or under circumstances where permitted by law.

Vehicle display parking means areas devoted to the display of vehicles intended for sale associated with an on-site auto/vehicle sales and service facility.

Vehicle inventory storage/vehicle service and repair storage means areas devoted to the storage of excess vehicle inventory associated with an on-site or off-site auto/vehicle sales and service facility and may also include vehicles stored for repair or service associated with an on-site auto/vehicle sales and service facility.

Vibration shall include the following terms:

Continuous vibration means vibration duration of longer than one second or having a pause of less than one second between pulses or total accumulated vibration duration lasting longer than one minute in a one hour period.

Transient vibration means vibration with duration not exceeding one second in duration and having a pause of at least one second between pulses or total accumulated vibration duration not exceeding one minute in a one hour period.

Wall means an obscuring structure of definite height and location, constructed of masonry, concrete or similar material.

Wild or exotic animal means any animal not native to, nor commonly found in the wild, in the temperate continental climate of North America or any animal not domesticated by humans or an animal that a person is prohibited from possessing by law. The characterization of an animal as being wild shall not be altered by virtue of the fact that one or several generations of the animal in question have been maintained in captivity.

Wildlife preserve means land kept and/or managed to protect and propagate wildlife.

Wind energy conversion system (WECS).

(1)

The term "wind energy conversion system (WECS)" means any structure such as a wind charger, windmill, or wind turbine that converts wind energy to a form of usable energy.

a.

Private WECS means any WECS that is accessory to a principal dwelling or use located on the same lot, is designed and built to serve the needs of the principal use and that provides power to an electric utility's grid as a function secondary to supporting electricity to the principal dwelling.

b.

Commercial WECS means any WECS that is designed and built to provide electricity as an ongoing commercial enterprise.

(2)

For purposes of this chapter, the additional definitions of the term "wind energy conversion system (WECS)" shall apply:

a.

Manual and automatic controls means controls that give protection to power grids and limit rotation of WECS blades not to exceed the designed limits of the conversion system.

b.

Authorized factory representative means an individual with technical training of a WECS who has received factory installation instructions and is certified in writing by the manufacturer of the WECS.

Wireless communication facilities means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. The term "wireless communication facilities" may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within the term "wireless communication facilities" are: citizens band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Wireless communication support structures means structures erected or modified to support wireless communication antennas. Support structures within the term "wireless communication support structures" include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

Yard means the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:

(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 and the front setback line.

(2)

Front yard, double, means an open space on corner lots (as defined in this chapter), extending the full width of the lot which sides to the intersecting street, both open spaces shall be considered front yards with setbacks as required in each particular zoning district.

(3)

Side yard means an open space, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the side setback line.

(4)

Rear yard means an open space extending the full width of a lot, the depth of which is the minimum horizontal distance between the rear lot line and the rear setback line.

ZEA means the Michigan Zoning Enabling Act, Act 110, Public Acts of 2006 (MCL 125.3101 et seq.), as amended.

Zoning district. See District.

Zoning administrator means the individual designated by the township board to administer the provisions of the zoning ordinance. If not specifically designated the zoning administrator shall be the township supervisor.

(Ord. No. 26, § 2.00, 9-13-1990; Ord. of 6-12-2008, § 1(1); Ord. of 10-9-2008, § 1(1); Ord. of 12-11-2008(2), § 1(1, 2); Ord. of 7-9-2009, § 1(1); Ord. of 5-13-2010, § 1; Ord. of 11-10-2011(2), § 1; Ord. No. 2013(1), § 1, 1-10-2013; Ord. No. 2013(4), § 4, 3-14-2013; Ord. No. 2014(3), § 1, 8-14-2014; Ord. No. 2015(1), § 1, 3-12-2015; Ord. No. 2016(1), § 1.1, 1-14-2016; Ord. No. 2016(5), § 1.1, 8-11-2016; Ord. No. 2016-(6), § 1.1, 8-11-2016; Ord. No. 2017(2), § 1, 11-9-2017; Ord. No. 2018(2), § 2, 2-8-2018; Ord. No. 2018(4), § 2, 8-9-2018; Ord. No. 2018(8), § 1, 10-11-2018; Ord. No. 2019(7), §§ 1, 2, 6-13-2019; Ord. No. 2019(8), § 1, 8-8-2019; Ord. No. 2019(10), §§ 1.a., 1.b., 2, 10-10-2019; Ord. No. 2020(2), § 1, 8-13-2020; Ord. No. 2021(4), § 1, 8-12-2021; Ord. No. 2022(1), § 1, 1-13-2022; Ord. No. 2022(5), § 1, 9-8-2022; Ord. No. 2023(1), § 1, 7-13-2023; Ord. No. 2023(5), § 1, 12-14-2023; Ord. No. 2024(1), § 1, 10-10-2024; Ord. No. 2024(2), § 1, 12-12-2024; Ord. No. 2025(1), § 1, 5-8-2025)

In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or required larger open spaces, or larger lot areas than are imposed or required by such other ordinance or agreements, the provisions of this chapter shall control.

(Ord. No. 26, § 22.00, 9-13-1990)

It is hereby expressly declared that nothing in this chapter be held or construed to give or grant to any person, firm, or corporation any vested right, license, privilege or permit.

(Ord. No. 26, § 22.01, 9-13-1990)

The rule that a penalty statute is to be strictly construed shall not apply to this chapter or any of the provisions thereof.

(Ord. No. 26, § 24.01, 9-13-1990)