This chapter shall be known and may be cited as "the zoning chapter of Sylvan Township."

(Comp. Ords. 1994, § 15.011; Ord. No. 1, § 1.01, 8-19-1974)

This chapter has been established for the purposes of:

(1)

Promoting and protecting the public health, safety and general welfare;

(2)

Protecting the character and the stability of the agricultural, recreational, residential, commercial and industrial areas within the unincorporated portions of the township and promoting the orderly and beneficial development of such areas;

(3)

Providing adequate light, air, privacy and convenience of access to property;

(4)

Regulating the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and structures necessary to provide adequate light and air and to protect the public health;

(5)

Lessening and avoiding congestion in the public highways and streets;

(6)

Providing for the needs of agriculture, recreation, residence, commerce, and industry in future growth;

(7)

Promoting healthful surroundings for family life in residential and rural areas;

(8)

Fixing reasonable standards to which buildings and structures shall conform;

(9)

Prohibiting uses, buildings or structures which are incompatible with the character of development or the uses, buildings or structures permitted within specified zoning districts;

(10)

Preventing such additions to or alteration or remodeling of existing buildings or structures in such a way as to avoid the regulations and limitations imposed hereunder;

(11)

Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the public health, safety, and general welfare;

(12)

Preventing the overcrowding of land and undue concentration of buildings and structures so far as is possible and appropriate in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them;

(13)

Conserving the taxable value of land, buildings, and structures throughout the unincorporated portions of the township;

(14)

Providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses;

(15)

Creating a zoning board of appeals and defining the powers and duties thereof;

(16)

Designating and defining the powers and duties of the official in charge of the administration and enforcement of this chapter;

(17)

Providing for the payment of fees for zoning permits; and

(18)

Providing penalties for the violation of this chapter.

(Comp. Ords. 1994, § 15.013; Ord. No. 1, § 1.03, 8-19-1974)

(a)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

(b)

If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any particular land, parcel, lot, district, use, building, or structure not specifically included in said ruling.

(Comp. Ords. 1994, § 15.014; Ord. No. 1, § 1.04, 8-19-1974)

(a)

Where any condition imposed by any provision of this chapter upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of this chapter or by the provision of any chapter adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(b)

This chapter is not intended to abrogate or annul any easement, covenant or other private agreement, provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement that such easement, covenant or other private agreement, the provision of this chapter shall govern.

(Comp. Ords. 1994, § 15.015; Ord. No. 1, § 1.05, 8-19-1974)

(a)

For the purpose of this chapter, certain terms are herewith defined. When not inconsistent with the context:

(1)

The present tense includes the past tense.

(2)

Words used in the singular number include the plural number.

(3)

The term "shall" is always mandatory and not merely permissive.

(4)

The term "person" includes a firm, association, as well as an individual.

(5)

The terms "used" or "occupied" include the terms "intended," "designed" or "arranged to be used" or "occupied."

(b)

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:

Accessory use, building or structure means a use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use, building or structure.

Affiliated farm means a farm under the same ownership or control (e.g., leased) as the farm market whether or not the farm market is located on the property where production occurs. However, the market must be located on land where local land use zoning allows for agriculture and its related activities.

Agriculturally related products (value-added) means items sold at a farm market to attract customers and promote the sale of agricultural products of which 50 percent or more are products produced by the farm operator. Such items include, but are not limited to: agricultural and horticultural products, promoting the farm and agriculture in Michigan and value added agricultural products and on-site production. Wine and beer production/manufacturing will be regulated by the Michigan Liquor Control Commission and any other agency or department regulating the sale and consumption of alcohol.

Agriculture products mean products including, but not limited to: crops (corn, wheat, hay, potatoes); fruit (apples, peaches, grapes, cherries, berries, etc.); cider; vegetables (sweet corn, pumpkins tomatoes, etc.; floriculture; herbs; forestry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, and fur, etc.); aquaculture products (fish, fish products, water plants, and shellfish); horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees); maple sap, etc.

Agriculture related use means activities predominantly using agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin patches, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes, etc.

Agriculture tourism means the practice of visiting an agricultural business for the purpose of recreation, education or active involvement in the operation, other than as a contractor or employee of the operation. An agricultural tourism farm operation is a commercial enterprise at a working farm, ranch or agricultural facility conducted for the enjoyment or education of visitors.

Agriculture tourism special event means a special event that is any activity other than the course of conducting normal daily business that attracts people to a private or public invited function. Outdoor music special events will be required to comply with the supplemental performance standards of section 30-808.

Agriculture tourism special event facility means a building or portion of a building, outdoor area, and related parking that may be an ancillary use of a working farm defined by the Michigan Right to Farm Act and participates in the practice and operation of agriculture tourism and which meets the requirements of section 30-808 and site plan review. The special event facility may be rented by individuals or groups to accommodate private functions including, but not limited to: banquets, weddings, anniversaries and other similar events. Such use may or may not include (1) kitchen facilities for the preparation or caring of food (2) the sale and/or serving of alcoholic beverages for the on-premises consumption, only during scheduled events and not open to the general public; and (3) entertainment.

Automobile service station means a place that is used or designed to be used for the retail supply of gasoline and other fuels used for the propulsion of motor vehicles, kerosene, motor oil, lubricants or grease, including the sale of accessories and services, such as polishing, washing, cleaning, greasing, undercoating, and minor repairs, but not including bumping, painting, or refinishing thereof.

Basement means that portion of a building which is partly or wholly below grade but located so that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Billboard. See Outdoor advertising sign.

Bed and breakfast operations means a use that is subordinate to the principal use of a structure as a single-family detached dwelling unit in which transient guests are provided with sleeping rooms and breakfast meals on a short-term basis, in return for payments. A bed and breakfast operation shall not be considered a boardinghouse or roominghouse.

Block means a parcel of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines, or the corporate boundary lines of any village, city, township.

Boardinghouse means a dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals.

Building means an enclosed structure having a roof supported by columns, walls, arches or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.

Building area means the total area taken on a horizontal plan at the largest floor level of a building and of all accessory buildings on the same lot, exclusive of unroofed nonpermanent canopies.

Building envelope means the part of a lot that is enclosed by the interior lines of required yards, or the portion of a lot in which the principal building or structure may be located.

Building height means the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridge for gable, hip, and gambrel roofs.

Building line means the minimum distance which any building must be located from a street, right-of-way or high water line.

Collocation means the location of two or more providers of wireless communications facilities on a common structure, with the intent of reducing the total number of structures needed for wireless communication services in the township.

Community supported agriculture or CSA means a marketing strategy in which a farm produces farm products for a group of farm members or subscribers who pay in advance for their share of the harvest. Typically the farm members receive their share once a week, sometimes coming to the farm to pick up their share; other farms deliver to a central point.

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

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

Condominium lot means the land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element.

Condominium subdivision plan means the drawings and information prepared in accordance with section 66 of the condominium act (MCL 559.166).

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

Conservation easement means as defined in section 2140 of the natural resources and environmental protection act, Public Act No. 60 of 1995 (MCL 324.2140).

Consolidating master deed means the final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the condominium act.

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 condominium act (MCL 559.71).

Drive-in means a business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicles as well as within the building or structure.

Dwelling area means the area of a dwelling unit composed of sleeping rooms, kitchen, dining room, den, studio, bathrooms, and family and living rooms.

Dwelling, multiple-family, means a building or structure designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.

Dwelling, single-family, means a detached building or structure designed for or occupied by one family only.

Dwelling, two-family, means a detached building or structure designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

Dwelling unit means one or more rooms with principal kitchen facilities designed as a unit for residence by only one family for living and sleeping purposes.

Easement, exclusive and nonexclusive.

(1)

Easements which grant the right to construct aboveground structures or for the purpose of vehicular ingress and egress shall be deemed to be "exclusive easements" and shall not be used or included in the computation of any required yard or lot area of a lot.

(2)

The term "nonexclusive easements" means those which allow the lot owner to build or construct aboveground structures in the easement area or to retain exclusive use of the surface, except for repair and maintenance. Such non-exclusive easements may be used for required yards and lot area of a lot.

Entrance ramp means a roadway connecting a feeder road with a limited access highway and used for access onto such limited access highway.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments, commissions, or boards or by other government agencies of underground, surface, or overhead gas, electric, steam or water transmission or distribution systems, collection, communication, supply, or disposal systems, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or other government agencies, or for the public health, safety, or general welfare, but not including buildings other than those buildings which are primarily enclosures or shelters for the installed central services equipment.

Excavation of gravel, sand, topsoil or earth means premises from which any rock, gravel, sand, topsoil or earth in excess of 50 cubic years in any calendar year is excavated or removed for the purpose of disposition away from the premises, except excavation in connection with the construction of a building or within public highway rights-of-way.

Expandable condominium means a condominium project to which additional land may be added in accordance with this chapter and the condominium act.

Family.

(1)

The term "family" means an individual or group of two or more persons related by blood, marriage or adoption, including foster children and servants, together with not more than three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.

(2)

The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.

Farm means any parcel of land containing ten acres or more which is used in the production of field and tree crops, livestock, poultry and dairy products. It excludes the raising of fur-bearing animals, riding stables, livery or boarding stables, animal kennels and establishments for the disposal or feeding of public garbage, rubbish or offal to animals, as defined in the Right to Farm Act, PA 93 of 1981.

Farm market means a place or an area where transactions between a farm market operator and retail customers take place. This includes roadside stands. It does not necessarily mean a physical structure such as a building and is considered part of farm operations. At least 50 percent of the products marketed and offered for sale at a farm market (measured as an average over the farm market's marketing season or up to a five-year timeframe) must be produced on and by the affiliated farm.

Fence means any constructed or planted barrier, or structure of any material or combination of materials, or gate or berm erected as a driveway marker, barrier, or enclosure on any parcel or lot.

Floor area means the sum of the gross horizontal floor areas of the several stories of a building, as measured to the exterior face of the exterior walls, plus that area similarly measured of all other stories that are accessible by a fixed stairway, ramp, escalator, or elevator, including all enclosed porches and balconies, and all stairways, breezeways, storage area, recreational rooms, boiler rooms, and other areas within or contiguous to the structure; and the measurement shall include the floor space of all accessory buildings measured similarly.

Floor area ratio means the ratio of the floor area of a building to the area of the lot on which it is located calculated by dividing the floor area by the lot area and expressing it as a percentage. For example, if a floor area ratio of 80 percent is specified and the lot area is 10,000 square feet, the maximum permitted floor area on that lot is 8,000 square feet. The number of stories being optional, the building area may be 4,000 square feet for each of two stories; 2,000 square feet for each of four stories; or 1,000 square feet for each of eight stories.

Freestanding identificationsign means a sign designed to identify, to persons not on the premises on which a freestanding identification sign is located, only the title of the business or profession conducted on the premises, and such information shall be supported by a structural frame independent of any other structure.

Front yard, lakeside, means the front yard of a lakeside lot.

Garage, commercial, means an accessory building or structure used principally for storage of automobiles and for other incidental storage purpose only.

Ground floor area means the sum of the first (ground) floor areas of all buildings on a lot, exclusive of unroofed porches, patios, terraces, steps, decks, or any area under an awning or other non-permanent canopy.

Home occupation means an occupation that is carried on within a dwelling unit and its accessory buildings by resident members of the family only, and which is clearly incidental and secondary to the principal residential use.

Hotel means a building or structure, or part thereof, occupied as the more or less temporary abiding place of individuals in which the rooms are usually occupied singly for hire and in which rooms no provisions for cooking are made, and in which building there may be a general kitchen and/or public dining room for the accommodation of the occupants. The term "hotel" shall not include a "motel" or "motor court."

Junkyard means a place, structure, parcel or use of land where junk, waste, discard, salvage, or similar materials such as old iron or other metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, house wrecking, and structural steel materials and equipment and including establishments for the sale, purchase, or storage of salvaged machinery and the processing of used, discarded, or salvaged materials, for any 30 consecutive days.

Kennel means any place or premises where dogs, cats, or other domestic pets are maintained, boarded, bred, or cared for in return for enumeration, or are kept for the purpose of sale.

Loading space, off-street, means space logically and conveniently located for bulk pickup and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

Lot means:

(1)

A parcel of land, excluding any portion in a street or other right-of-way, or easement which is to be excluded from the computation of lot area or required yards, of at least sufficient size to meet minimum requirements for use, coverage, and lot area, and to provide such yards and other open space as herein required. Such lot may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

Any combination of complete and/or portions of lots of record; or

d.

A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any lot or parcel created, including residuals, be less than that required by this chapter.

(2)

In addition to the land required to meet the regulations herein, the term "lot" shall include all other land shown in a request for a certificate of zoning compliance, occupied by a principal building or use, and any accessory building or use.

(3)

All lots shall have frontage on a public street or public right-of-way accepted by the public, in accordance with law, as required by section 30-792.

Lot area means:

(1)

The area within the lot lines, excluding that portion in an exclusive easement right-of-way, a public road or public street right-of-way.

(2)

The area within the lot lines, excluding the area in a road right-of-way or easement, in a regulated or non-regulated wetland, or a body of water, such as a pond or lake.

Lot coverage means the percentage of the lot area covered by the building area.

Lot coverage means the percentage of the lot area covered by the ground floor area.

Lot of record means a lot which is part of a subdivision, and is shown on a map thereof, which has been recorded in the office of the county register of deeds, or a lot described by metes and bounds, the deed to which has been recorded in said office.

Lot, through or double frontage, means an interior lot having frontage on two parallel or approximately parallel streets.

Lot, width. The horizontal distance between the side property lines. See section 30-182(b)(8).

Manufactured home or mobile home means a structure, transportable in one or more sections, that is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The terms "manufactured home" or "mobile home" does not include a recreational vehicle.

Manufactured home site means the entire area which is designed for and designated in a manufacturing housing community for use by one manufactured home.

Manufactured housing community means a parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for the 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 manufactured home and which is not intended for use as a temporary recreational vehicle or similar park.

Manufacturing means the process of making products by hand, by machinery, or by other agency, often with the provision of labor and the use of machinery.

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

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 section 8 of the condominium act (MCL 559.108).

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

Mobile home park means a parcel or tract of land under the control of one 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 and which is not intended for use as a temporary trailer park.

Mobile home site means a plot of ground within a mobile home park designed for accommodation of a mobile home.

Mobile home stand means that part of a mobile home site designated for the placement of a mobile home, appurtenant structures or additions, including expandable rooms, enclosed patios, garages or structural additions.

Motel means any establishment in which individual cabins, courts, or similar structures or units, are let or rented to transients for periods of less than 30 days. The term "motel" shall include tourist cabins and homes and motor courts. A motor court or motel shall not be considered or construed to be either a multiple dwelling, a hotel, or a mobile home park.

Non-agricultural related use means activities that are part of an agricultural commercial/tourism business but not specifically tied to the use of agricultural products produced from the farm operation.

Nonconforming building structure means a structure or building lawfully constructed that does not conform to the requirements of the district in which it is situated.

Nonconforming use means a structure, building, plot, premises or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

Notice of proposed action means the notice required by section 71 of the condominium act (MCL 559.171), to be filed with the township and other agencies.

Off-street parking area means a land surface or 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 space means the common open space designed and developed for use by the occupants and lot owners of a development, or by others, for recreation (whether active or passive) which space is effectively separated from vehicular traffic and off-street parking that is readily accessible. The term shall not include space devoted to streets, driveways, utility easements, and off-street parking lots.

Open space preservation development option (OSPDO) means a development option as authorized by section 506 of Public Act No. 110 of 2006 (MCL 125.3506) and applied for, developed, and completed in accordance with the requirements in this article in general and the requirements in section 30-805 in particular.

Outdoor advertising sign means any sign situated on private premises on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.

Parcel means a piece or tract of land as defined under the definition of a lot.

Parking space means one unit of a parking area provided for the parking of one automobile. This space shall have an area of not less than 200 square feet, shall be exclusive of curves, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.

Private roads and streets means wherever in this chapter there is a reference to "private road" or "private street" or there is an existing private road or private street which serves any lot, principal building or structure, such private road or private street shall be considered to be the equivalent of an "exclusive easement," as defined herein. An exclusive easement shall not be deemed equivalent to a public right-of-way or a street, except when dedicated to the public as required by law, and the existence of such exclusive easement shall be a nonconforming use, effective as of the date of adoption of the ordinance from which this section is derived.

Provider means an entity which is properly licensed by the Federal Communications Commission (FCC) and other appropriate governmental authorities to provide services through wireless communications facilities.

Public utility means any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing, under federal, state, or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation, water, or sanitary or stormwater sewerage facilities.

Quarry means any pit, excavation, or mining operation for the purpose of searching for or removing for commercial use, any earth, sand, gravel, clay, stone, slate, marble, or other nonmetallic mineral in excess of 50 cubic yards in any calendar year, but shall not include an oil well or excavation preparatory to the construction of a building or structure.

Riding academy means any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

Roadside stand means a temporary building or structure operated for the purpose of selling only produce raised or produced on the premises where situated, and its use shall not make a commercial district, nor shall its use be deemed a commercial activity.

Roominghouse means a dwelling in which more than three persons either individually or as families are housed or lodged for hire without meals.

Screen means a structure providing enclosure, such as a fence, and a visual barrier between the area enclosed and the adjacent property. A screen may also be a non-structure, consisting of shrubs or other growing materials.

Shopping center means a group of commercial establishments planned, developed, owned, and managed as a unit, with off-street parking provided on the property. The several types of shopping centers shall be as defined in the township's adopted general development plan.

Sign means any device designed to inform, or attract the attention of, persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

(1)

Signs not exceeding one square foot in area bearing only property numbers, post box numbers, names of occupants or premises, or other identification of premises not having commercial connotations;

(2)

Flags and insignias of any government, except when displayed in connection with commercial connotations;

(3)

Legal notices; identification, information, or directional signs erected or required by governmental bodies;

(4)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;

(5)

Signs directing and guiding traffic and parking to private property, but bearing no advertising matter. Also see Outdoor advertising sign andFreestanding identification sign.

Site condominium means a condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to volume of space within which a structure may be constructed defined as a condominium unit, as described in the master deed.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

Story, one-half, means a story under the gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, and the floor area shall not exceed two-thirds of the area of the floor below.

Street means a public thoroughfare dedicated to the public in accordance with the law, which affords the principal means of access to abutting property for vehicular travel.

Street line means the dividing line between the street right-of-way and the lot. When such right-of-way is not definable, a line shall be defined as 33 feet on either side of the center of the street.

Structure means anything constructed, erected or placed with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground.

Tourist home means a dwelling in which overnight accommodations are provided or offered to transient guests for compensation. A tourist home shall not be considered or construed to be a multiple dwelling, motel, hotel, boardinghouse or roominghouse.

Travel trailer means a unit designed to be towed by an automobile or motorized vehicle having its own p designed to be used principally as a temporary camping or vacation dwelling.

Undeveloped state.

(1)

The term "undeveloped state" means:

a.

A natural state preserving natural resources;

b.

Natural features, or scenic or wooded conditions;

c.

Agricultural use;

d.

Open space; or

e.

A similar use or condition.

(2)

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.

(3)

Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.

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

Variance means a relaxation of the terms of this chapter where not contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in a practical difficulty. A variance is authorized only for matters related to dimensional requirements in this chapter, such as height, area, and size of yards and open spaces and parking space. A "use variance" may not be granted, and establishment or expansion of a use otherwise prohibited is not allowed by variance. A variance may not be granted due to the presence of nonconformities in the zoning district or adjoining zoning districts.

Wireless communications antenna means any antenna used for transmission or reception of wireless communication signals, excluding those used exclusively for dispatch by public emergency agencies, ham radio antenna, satellite antenna, those which receive video programming services via multi-point distribution services which are one meter 39 inches or less in diameter and those which receive television broadcast signals.

Wireless communications facilities means towers and related structures and equipment used in the provision of communication services, including, but not limited to cellular telephone, paging, and personal communication services. The term "tower" includes a monopole, lattice structure, or other structure used to support antennas.

Working farm means a farm operation providing agricultural products for sale as defined in the Michigan Right to Farm Act, PA 93 of 1982.

Yard, front, means an open, unoccupied space extending the full width of the lot and situated between the exterior face of the front line of a structure and the nearest public or private road right-of-way line or the front lot line, whichever is the shorter distance. For any lot in any recreation-conservation, agricultural, or residential zoning district that abuts a lake or other body of water which is regulated under the inland lakes and streams act, the portion of the lot that abuts the lake or body of water shall be the front yard for purposes of this chapter. In commercial or industrial districts, the front yard shall be the portion of the lot which abuts or is nearest the public road, driveway, or street right-of-way line. On all other properties the front yard is either determined by the location of the public or private road or by the location of the access to the property.

Yard, rear, means an open, unoccupied space extending the full width of the lot, and situated between the rear line of a structure and the nearest public or private road right-of-way line or the rear lot line, whichever is the shorter distance.

Yard, side, means an open, unoccupied space on the same lot with the principal structure, situated between the side line of a structure and the adjacent side line of the nearest public or private road right-of-way line or the side lot line, whichever is the shorter distance.

(Comp. Ords. 1994, §§ 15.041, 15.042, 45.001—45.005, 68.001, 79.000, 86.000, 98.000; Ord. No. 1, §§ 2.01, 2.02, 8-19-1974; Ord. of 5-15-1980; Ord. of 8-4-1981; Ord. of 9-1-1990; Ord. of 6-2-1992; Ord. No. 20, 9-7-1992; Ord. No. 27, 5-4-1993; Ord. No. 32, §§ 1—5, 3-7-1995; Ord. No. 54, § 1, 6-18-1999; Ord. of 1-2-2001; Ord. No. 64, §§ 1—4, 6-11-2001; Ord. No. 55, § 2, 10-7-1999; Ord. of 12-2-2003; Ord. of 7-13-2006, § 2; Ord. of 8-12-2014; Ord. No. 15-3, § 1, 11-3-2015; Ord. No. 24-04, § 1, 8-13-2024)

Any term not defined in section 30-5 shall have the meaning of common or standard use.

(Comp. Ords. 1994, § 15.043; Ord. No. 1, § 2.03, 8-19-1974)