For the purposes of this ordinance, certain rules of construction apply to the text, as follows:

1)

Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.

2)

The word "person" includes a corporation or firm as well as an individual.

3)

The word "lot" includes the word "plot", "tract", or "parcel".

4)

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

5)

The word "used" or "occupied" as applied to any land or structure shall be construed to include the words "intended, arranged or designed to be used or occupied".

6)

Any word or term not herein defined shall be used with a meaning of common standard use.

For the purpose of this ordinance certain terms are herewith defined. Words used in the plural number include the singular number.

ACCESSORY BUILDINGS: Any building subordinate or incidental, such as a storage shed, pole barn or agriculture building located on the same lot with the main building or any portion of the main building, not to include private garages.

ACCESSORY USE: Any use customarily incidental to the main use of the premises, including: garages, swimming pools, radio and TV towers.

ADULT MEDIA: Magazines, books, slides, CD-ROMs or devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexually oriented hard-core material.

ADULT MEDIA STORE: An establishment that rents and/or sells media, and that meets any of the following three tests:

a.

40 percent or more of the gross public floor area is devoted to adult media.

b.

40 percent or more of the stock in trade consists of adult media.

c.

It advertises or holds itself out in any form as "XXX," "adult," "sex," or otherwise as a sexually oriented business other than adult media store, adult motion picture theater or adult cabaret.

ADULT MOTION PICTURE THEATER: An establishment emphasizing or predominately showing sexually oriented movies.

AGRICULTURE: The use of land for tilling of the soil, the raising of tree and field crops and animal husbandry.

AGRICULTURE BUILDINGS: Any detached accessory building or a portion of a main building used for storage and repair of farm implements and housing of farm supplies, produce or farm animals.

AGRICULTURAL ACTIVITIES: The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticultural use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines, including, but not limited to, providing riding lessons, training clinics and schooling shows. The growing or harvesting of forest tree species or trees used for commercial or related purposes. Also included are facilities used in the research and testing of agricultural products and techniques. see FARM.

AIRFIELDS AND AIRPORTS: Any area of land designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

ALLEY: Shall mean any dedicated public way other than a street which provides only a secondary means of access to abutting property and is not intended for general traffic circulation.

ALTERATION: Alteration is any change in usage, or location, or square footage, or height of building, or any change in the supporting members of a building or structure.

ANIMAL: means a nonhuman zoological species, classified for purposes of this Title as follows:

a.

Class I Animal: Pets: Domesticated animals which are not Class II, III, IV or V animals and which are customarily considered household pets kept inside of the house with no exterior pens or holding areas.

b.

Class II Animal: Livestock: An animal which is normally part of the livestock maintained on a farm including:

1)

Bovine and like animals, such as the cow.

2)

Equine and like animals, such as the horse.

3)

Swine and like animals, such as the hog.

4)

Ovine and like animals, such as the sheep and goat.

5)

Other animals weighing equal to or greater than seventy-five (75) pounds and not otherwise specifically included in class II.

c.

Class III Animal: Other Animals: Rabbits which are not maintained or kept as domesticated household pets, animals considered as poultry and other animals weighing less than seventy-five (75) pounds not specifically mentioned in this ordinance.

d.

Class IV Animal: Wild Or Exotic Animals: Such animals include any wild or undomesticated animal which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be confined to a zoo, or one which would ordinarily be found in the wilderness of this or any other country. Such animals weigh less than one hundred (100) pounds and would not cause a reasonable person to be fearful of bodily harm or property damage.

e.

Class V Animal: Dangerous Animals: Such animal includes any wild or undomesticated animal which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be confined to a zoo, or one which would ordinarily be found in the wilderness of this or any other country. Such animals would cause a reasonable person to be fearful of bodily harm or property damage.

f.

A person who maintains animals means any person who owns or controls the animal or who owns, controls, or has legal possessory right in the property upon which the animal is located or maintained

ANTENNAE, PRIVATE: Shall mean a single pole or structure designed to be used for one-family private residential TV reception, or for radio signal reception and sending on parcels used for one- or two-family homes. Only one such antenna is permitted per parcel.

ATTACHED WIRELESS COMMUNICATIONS FACILITY: 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 CAR WASH: Shall mean an establishment being housed in a building or portion thereof, together with the necessary mechanical equipment used for washing automobiles and using production line methods.

AUTOMOBILE REPAIR SHOP: Shall mean an establishment being housed in a building or portion thereof, together with the necessary equipment used for the general repair of automobiles, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service and painting or undercoating of automobiles.

AUTOMOBILE SERVICE STATION: SEE GAS/SERVICE STATION

AUTOMOBILE STORAGE, DAMAGED: Any storage of inoperable vehicles not incident to a public garage.

BAR: A building or portion thereof where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

BASEMENT: See Michigan Building Code and Residential Code of 2009.

BED AND BREAKFAST: A use that is subordinate to the principal use of a dwelling unit as a single-family dwelling unit, in which transient guests are provided a sleeping room and breakfast in return for payment, and that does not provide separate cooking facilities for such guests.

BLOCK: Shall mean the property abutting one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and physical barrier such as a railroad, right-of-way, park, river channel or unsubdivided acreage.

BODY PIERCING PARLOR: see TATTOO/BODY PIERCING PARLOR.

BUFFER: "Buffer zones" are the areas on parcels that separate bordering properties zoned commercial or industrial from residential, agriculture, or environmental.

BUILDABLE LANDS: Lands within urban and urbanized areas that are suitable, available and necessary for residential, commercial and industrial uses and include both vacant land and developed land that in the opinion of the local planning agency is likely to be developed.

BUILDING: An independent structure having a roof supported by columns or walls resting on its own foundation.

BUILDING, FRONT LINE: Shall mean the line that coincides with the face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches but does not include steps. Said line shall be parallel to the front lot line and measured as a straight line between the intersecting points with the side yard.

BUILDING, HEIGHT OF: Shall mean the vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

BUILDING LINES: Shall mean a line defining the minimum front, side or rear yard requirements outside of which no building or structure may be located.

BUILDING, PRINCIPAL: Shall mean a building in which is conducted the main or principal use of the lot on which it is located.

BUILDING SETBACK LINE: The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided for by this ordinance. Such line when adjacent to a building is normally formed by the junction of the outer surface of the building or enclosure wall with the finish grade or surface of the adjoining ground.

BULK STATION: Shall mean a place where crude petroleum, gasoline, naphtha, benzene, kerosene, or any other liquid, except such as will stand a test of one hundred fifty degrees Fahrenheit (150°F), closed cup tested, are stored for wholesale purposes only, where the aggregate capacity of all storage tanks is more than six thousand (6,000) gallons.

BUS AND TAXI STATION: Any premises for the transient housing or parking of busses and the loading and unloading of passengers.

CAR WASH: A structure containing facilities for washing automobiles using a chain conveyer or other method of moving the cars along, or machinery that moves around a stationary vehicle, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

CARETAKER: Shall mean somebody who looks after a property when it is empty and supervises its maintenance and cleaning.

CEMETERY: Any publicly or privately owned place for the interment of human remains.

CHILD CARE ORGANIZATION: A facility for the care of children less than 18 years of age, as licensed and regulated by the State under Act No. 116 of Public Acts of 1973 and the associated rules promulgated by the State Department of Social Services. Such organizations shall be further defined as follows:

CHILD CARE CENTER or DAY CARE CENTER means a facility, other than a private residence, receiving more than six preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, pay group, or drop-in center. CHILD CARE CENTER or DAY CARE CENTER does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

FOSTER FAMILY HOME is a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

FOSTER FAMILY GROUP HOME means a private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

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

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

CHURCHES/SYNAGOGUES/MOSQUES: see INSTITUTION, RELIGIOUS

CLINIC: Shall mean an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.

CLUB/LODGE: see INSTITUTION, SOCIAL

COLOCATION: The location by two (2) 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 LAUNDRY AND DRY CLEANERS: see DRY CLEANER/LAUNDRY

COMMERCIAL SCHOOL: A school or facility offering training to perform any of the uses by right in the district in which a Commercial School is permitted either by right or by special use permit. A Commercial School is a distinct use, not to be confused with an Institution, Educational.

COMMERCIAL VEHICLE: The general definition for a commercial motor vehicle is contained in Part 390 of the Federal Motor Carrier Safety Regulations (FMCSR) for vehicles operating in interstate commerce. The Michigan Motor Carrier Safety Act, Act 181 of 1963 adopted this part of the FMCSR into the Michigan Vehicle Code by reference (making these rules applicable to CMV's operating in Michigan intrastate commerce). In 2005 the definition for a commercial motor vehicle was removed from Act 181. The definition contained in 390.5 of the FMCSR applies to both private and for-hire transportation.

COMMON DRIVEWAY: A driveway shared by not more than 2 residential dwellings' and not considered to be road frontage. Frontage requirements must be met only by having frontage on a private or public road.

COMMON LAND: Shall mean a parcel or parcels of land together with the improvements thereon, the use, maintenance, and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO): A lot or facility, other than an aquatic animal production facility, where the animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. An Animal Feeding Operation (AFO) is defined as a large CAFO or a medium CAFO, or that is designated by the Michigan DEQ under R 323.2196 (3) as a medium CAFO or a small CAFO. (An AFO may be designated as a CAFO, even if the operation has a smaller number of animals, if they have had a discharge to waters of the state that caused those waters to not meet water quality standards.)

A Large CAFO is an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

a.

700 mature dairy cows, whether milked or dry

b.

1,000 veal calves 1,000 cattle (other than mature dairy cows or veal calves), including heifers, steers, bulls, and cow/calf pairs

c.

2,500 swine, each weighs 55 pounds or more

d.

10,000 swine, each weighs less than 55 pounds

e.

500 horses

f.

10,000 sheep or lambs

g.

55,000 turkeys

h.

30,000 laying hens or broilers, if the AFO uses a liquid manure handling system

i.

125,000 chickens (other than laying hens), if the AFO doesn't use a liquid manure handling system

j.

82,000 laying hens, if the AFO doesn't use a liquid manure handling system

k.

30,000 ducks, if the AFO doesn't use a liquid manure handling system

l.

5,000 ducks, if the AFO uses a liquid manure handling system

CONDOMINIUM ACT: Shall mean Public Act 59 of 1978, as amended.

CONDOMINIUM SUBDIVISION: Shall mean a subdivision as defined in the Township subdivision regulations.

CONDOMINIUM SUBDIVISION PLAN: Shall mean site, survey, and utility plans; floor plan; and sections, as appropriate showing the existing and proposed structures and improvements including the location thereof on the land. The "condominium subdivision plan" shall show the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The "condominium subdivision plan" shall include the nature, location, and approximate size of common elements.

CONDOMINIUM UNIT: Shall mean that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

CONVALESCENT OR NURSING HOME: SEE INSTITUTION, HUMAN CARE.

CONSERVATION DEVELOPMENT: A residential housing development within an established overlay district that allows the grouping of single family homes in a designated area, with all remaining acreage preserved as open space. The reasoning for grouping homes is to preserve the natural rural environment. Roadways within the development are private, designed using traffic calming techniques to reduce automobile speeds, making the development safer while enhancing its rural character.

CONTRACTOR: General contractors and builders engaged in the construction of buildings, either residences or commercial structures, as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction. Landscaping includes businesses principally engaged in lawn mowing and yard maintenance. It also includes decorative and functional alteration, planting and maintenance of such grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage/irrigation facilities) are accessible and on the same parcel as the principal use. Landscape contractor also includes businesses that apply fertilizers, pesticides and other treatments for plants, trees and grass. This definition also includes tree services and commercial plant maintenance services.

COURTS: Shall mean open unoccupied spaces other than yards on the same lot with a building.

a.

Court, Inner: Shall mean an open, unoccupied space not extending to the street or front, or rear yard.

b.

Court, Outer: Shall mean an open, unoccupied space opening upon a street, alley, yard or setback.

COVERAGE, LOT: Shall mean that percent of the plot or lot covered by the building area.

CUL-DE-SAC: Shall mean a street with only one outlet having sufficient space at the closed end to provide vehicular turning area.

DAY CARE: see CHILD CARE.

DAY CARE FACILITY: see CHILD CARE CENTER.

DAY NURSERIES: see CHILD CARE CENTER.

DAY NURSERY: A private residence, licensed by the state, receiving six or fewer preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child.

DAY SHELTER: A facility and administrative functions providing temporary daytime shelter for one or more individuals who are otherwise temporarily or permanently homeless. Day Shelters may include provision of food and clothing and support services such as counseling, education and transportation. "Day Shelter" includes soup kitchens, missions and religious organizations without overnight stay and offering similar services.

DENSITY COMPUTATION: Should density computation be required for a land development project, except as specified for planned unit developments and mobile home parks, the following criteria shall be applied:

a.

Site Acreage Computation: In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots and/or dwelling units that may be created:

1)

Land utilized by public utilities as easements, for major facilities, such as electric transmission lines, sewer lines, water mains, or other similar lands which are not available to the owner because of such easement and lands within flood plains.

b.

Land utilized by public utilities as easements, for major facilities, such as electric transmission lines, sewer lines, water mains, or other similar lands which are not available to the owner because of such easement and lands within flood plains.

c.

Maximum Number of Lots and/or Dwelling Units: After the total gross area available for development has been determined by the above procedure, the maximum number of lots and/or dwelling units that may be approved shall be computed by subtracting from the total gross area available a fixed percentage of said total for street right-of-way purposes, and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the planned development is located. The fixed percentages for street right-of-way purposes to be subtracted from the total gross area available for development shall be determined according to the following schedule:

These percentages shall apply regardless of the amount of land actually required for street right-of-way.

DISH, SATELLITE ANTENNA SIGNAL RECEIVING STATION: Shall be near a station whose purpose is to receive communications or other signals from either earth based or orbiting satellites. The dish shall refer to the shape in general of the antenna. This definition shall also include other related equipment such as coaxial cable, cable, etc.

DISPOSAL AREA: Shall mean a site, location, tract of land, or area to be used for solid waste disposal.

DISTRICT: Shall mean any section within the community for which the regulations contained within this ordinance are the same.

DOMESTIC EMPLOYEE: Shall mean somebody employed to do housework in somebody else's home or other duties in a large household.

DRIVE, PRIVATE: A drive that serves one residence only and located on a right-of-way having a width of sixty-six (66) feet. The parcel of residence property served by the private drive may be landlocked, provided the right-of-way extends into the parcel a distance of one hundred fifty (150) feet. If a second residence requires access by way of the private drive, the drive must be brought up to private road standards.

DRIVE IN: Shall mean a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking space for motor vehicles so as to serve patrons while in the motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive in service.

DRIVE THROUGH: Shall mean a business establishment so developed that its retail or service character is dependent on providing pick up, drive up window, delivery to vehicle or other service while receiving or delivering goods or services, except that so called drive through facilities of financial institutions are not subject to limitation on drive through business due to their low frequency and low intensity of business.

DRIVEWAY SURFACE: A surface that is covered by gravel, stone, concrete, asphalt, or paving blocks.

DRY CLEANER/LAUNDRY: An establishment that cleans clothes or other fabrics through a process that uses solvents and specialized equipment instead of using water.

DWELLING: Shall mean a building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

a.

Single-family, mobile, modular or pre-manufactured dwelling is a detached, residential dwelling unit designed for and occupied by one family on a residential lot in compliance with the following standards:

1)

All standards required within individual residential districts in part II of this ordinance.

2)

A minimum floor to ceiling height of seven and five-tenths feet (7.5').

3)

A minimum exterior width for any side elevation of twenty four feet (24').

4)

Firm attachment to a solid foundation not less than the perimeter area of the dwelling constructed in accordance with the Township Building Code and all State regulations.

5)

No exposed wheels, towing mechanism or undercarriage is permitted.

6)

Connection to a public sewer and water supply or to private facilities approved by the local health department.

7)

The requirement of a storage area either within a basement, closet areas, in an attic or in a separate fully enclosed structure constructed of equal or better quality than the principal dwelling not less in area than fifteen percent (15%) of the interior living area of the dwelling and exclusive of storage space for automobiles.

8)

Aesthetic compatibility in design and appearance to conventional, on-site constructed homes including, where appropriate, a roof overhang, a front and rear or front and side exterior door, permanently attached steps or porch areas where an elevation differential requires the same and roof-drainage systems concentrating roof drainage and avoiding drainage along the sides of the dwelling.

9)

A prohibition against additions to the home unless constructed of similar materials and quality of workmanship as in the principal structure, including an appropriate foundation and permanent attachment thereto.

10)

Compliance with all pertinent building and fire codes including, among others, those pertaining to newly manufactured homes or newly manufactured mobile homes.

11)

Properly maintained against deterioration and/or damage from the elements or otherwise by prompt and appropriate repairs, surface coating, and other appropriate protective measures.

12)

The foregoing standards do not apply to a mobile home located within a licensed mobile home park except to the extent required by State law or otherwise specifically set forth in this Zoning Ordinance.

b.

Single-family, mobile home dwelling is a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at a licensed mobile home park as established by this ordinance and State laws where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

c.

Two-family dwelling is a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families. These may also be known as duplexes.

d.

Multiple-family dwelling structure is a residential building designed for or occupied by three (3) or more families with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING UNIT: Shall mean one or more rooms including a single kitchen in a dwelling designed for occupancy for one family for living and sleeping purposes.

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas; electrical, steam, or water transmission, distribution or collection systems; communication, supply, or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electric sub-stations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings other than the buildings as are primarily enclosures or shelters of the mentioned equipment. Essential services as defined herein are exempt from the provisions of this zoning ordinance. Private wireless communication facilities are not considered essential services.

EXPANDABLE CONDOMINIUM: Shall mean a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with the condominium regulations of the Zoning Ordinance and the Condominium Act.

EXPLICIT SEXUAL MATERIAL: Any hard-core material.

FAMILY: Any number of individuals customarily living together as a single housekeeping unit and using common cooking facilities.

FARM: Any parcel of land which is used for the production of field and tree crops, livestock, poultry or dairy products. A tract of land which is directly devoted to agricultural purposes provided further farms may be considered as including establishments operated as greenhouses, nurseries, orchards, chicken hatcheries and apiaries; but establishments keeping or operating fur-bearing animal, riding or boarding stables, kennels, quarries or gravel or sand pits shall not be considered farms hereunder unless combined with a bona fide farm operation on the same contiguous tract of land of not less than twenty (20) acres.

FENCE, DECORATIVE: A "decorative fence" is intended to enclose a parcel or portion of a parcel in a decorative manner and is not necessarily intended to preclude or inhibit entry or vision into the property. Examples of decorative fences include split rail, wrought iron, and similar fences that are visually "transparent" and/or readily breached.

FENCE, FUNCTIONAL: A "functional fence" is intended to enclose a parcel or portion of a parcel in order to prevent or make difficult entry by animals, persons or vehicles. Such a fence may also be a visual screen. Chain link, masonry, stockade and similar types of fences are examples of functional fences.

FENCES: Shall mean a railing, wall, or other means of enclosing a yard, garden, field, etc., to show where a property line is, or to keep people or animals out or for decoration.

FRONT-LOADED: Accessed from the side facing the street or roadway.

FUNERAL HOME/MORTUARY: A building used for the storage and preparation of the deceased for burial and display, and for ceremonies connected therewith before burial or cremation.

GARAGES: Includes the following:

a.

Attached. An attached outbuilding customarily used for the storage of vehicles, and is attached to a residential dwelling as either an integral part thereof, or, at a minimum, connected to the dwelling by a completely enclosed breezeway.

b.

Private garage. A detached accessory building or portion of a main building used for the storage of vehicles without provision for repair or servicing such vehicles for profit.

c.

Service garage. Any building or structure designed or used for the hire, sale, storage, service, repair, or refinishing of motor vehicles or trailers, but not for the storage of dismantled vehicles or parts thereof for purposes of reuse or resale.

GARAGE, COMMUNITY: A "community garage" is a building used for the storage of three (3) or more automobiles of two (2) or more owners and containing no public repair or service facilities.

GAS/SERVICE STATION: A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operation of motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including sale of accessories, greasing, oiling, and light motor service on the premises, but in no case to include automobile or truck mechanical repair. Convenience food sales and/or fast food restaurants may also be provided on the premises.

GOLF COURSE: A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses or shelters.

GRADE: For purposes of this ordinance, the level of the ground adjacent to the exterior walls of a building or structure. In the case of lots with a sloping terrain, the grade shall be the average elevation of the ground adjacent to the walls.

GRAIN AND SEED ELEVATOR: A structure designed and constructed to house hay, grain, or other horticultural products and that is clearly incidental to agricultural activity, excluding the business of retail trade.

GREENBELT: The areas of a developed parcel which border the road, or thoroughfare, the width and depth of which corresponds to the required front setback requirements of each zoning district

GREENHOUSE, COMMERCIAL: A permanent building and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale. Associated items may be sold at greenhouses also such as gardening supplies, seeds or pots.

GROUP DAY CARE HOME: see CHILD CARE ORGANIZATION

GROSS PUBLIC FLOOR AREA: The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.

HARD CORE MATERIAL: Media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

HEAVY VEHICLE, EQUIPMENT REPAIR AND SALES: An establishment providing sales and major and minor repair services to heavy load vehicles, including trucks, buses, trailers.

HEIGHT OF BUILDING: The vertical distance, measured from the adjoining curb level, to the highest point of the roof of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof. However, where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

HOME OCCUPATION: Shall mean any business carried on by one or more members of a family residing on the premises, providing it:

a.

Is operated in its entirety within the principal dwelling.

b.

Does not include more than one employee not living in the dwelling.

c.

Does not involve alteration or construction not customarily found in the dwelling.

d.

Does not use any mechanical equipment except that which is used normally for purely domestic or household purposes.

e.

Does not use more than twenty-five percent (25%) of the total actual floor area of the dwelling.

f.

Does not display, or create outside the structure any external evidence of the operation of the home occupation except for one unanimated, nonilluminated, wall sign having an area of not more than one square foot.

HOME SECTIONAL OR COMPONENT: Shall mean several building components meeting the International Conference of Building Officials "Uniform Building Code", factory fabricated, and transported to the home site where they are put on a permanent foundation and joined to make a complete house.

HOSPITAL: SEE INSTITUTIONS, HUMAN CARE.

HOUSE TRAVEL TRAILER: Shall mean a vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses.

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

INSTITUTION, CULTURAL: see INSTITUTIONS, EDUCATIONAL. Includes museums, libraries and similar facilities.

INSTITUTION, EDUCATIONAL: A school for kindergarten through twelfth grade or any colleges or universities authorized by the State to award degrees.

INSTITUTION, HUMAN CARE; ADULT FOSTER CARE: A public or private facility for physical, as opposed to mental, care. A human care institution may include hospitals, convalescent, assisted care facilities and nursing homes. It does not include homes for the mentally disadvantaged or substance abuse rehabilitation facilities. See Act 218, of 1979 as amended, for definitions of Adult Foster Care.

INSTITUTION, REHABILITATION: A public or private facility for mental or substance abuse rehabilitation. A rehabilitation institution may include inpatient or outpatient hospitals, halfway houses, and similar facilities.

INSTITUTION, RELIGIOUS: A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

INSTITUTION, SOCIAL: Any profit or nonprofit use or facility in which activities for pleasure or philanthropy are carried out. Such institutions may include service clubs, scout organizations, hobby clubs and veteran's organizations, churches, schools, public or quasi-public non-profit uses, community facilities, retreats, parks and playgrounds.

INSTITUTION, SUBSTANCE ABUSE: A public or private facility designed to provide medical treatment and psychological therapy to those individuals who suffer from drug or alcoholic addiction.

INTENSIVE LIVESTOCK OPERATIONS: A confined area or structure used for feeding, breeding, or holding livestock as part of a commercial operation for eventual sale in which animal waste may accumulate but not including barns, pens, or other structures used in a dairy farm operation, pig and hog farms. See the Michigan Generally Accepted Agricultural Management Practices. (GAAMP)

JUNKYARD: Any premises upon which any of the following occurs, whether or not operated for profit: a premises where worn out or discarded material is bought, kept or stored; a premises used for the salvage of metals, equipment, machinery, appliances and other materials; a premises where motor or other vehicles are dismantled, sold or stored outside, including automobile wrecking yards, without regard to the length of time any particular vehicle remains on the premises; a premises upon which one or more unlicensed used motor vehicles which cannot be operated under their own power are kept or stored outside for a period of 15 days or more.

LARGE PHOTOVOLTAIC SOLAR FARM: Shall mean a utility-scale commercial facility, which uses solar energy specifically for the conversion of sunlight into electricity by photovoltaic's (a technology that converts light directly into electricity).

LOADING BERTH: Shall mean an off-street space at least ten feet wide, twenty-five feet long and fifteen feet high (10' × 25' × 15'); either within a building or outside on the same lot, provided, maintained and available for the loading or unloading of goods or merchandise and having direct and unobstructed access to a street or alley.

LOADING SPACE: Shall mean an off-street space at least ten feet wide, twenty-five feet long and fifteen feet high (10' × 25' × 15'); either within a building or outside on the same lot, provided, maintained and available for the loading or unloading of goods or merchandise and having direct and unobstructed access to a street or alley.

KENNEL: A kennel shall be construed as an establishment wherein or whereon 3 or more dogs or similar household pets are confined and kept for sale, boarding, grooming or training purposes, for remuneration.

LABORATORY:

a.

Medical or dental: A laboratory that provides analytical or diagnostic services to physicians and dentists. No fabrication is conducted on the premises except the custom fabrication of dentures or surgical supports.

b.

Experimental: A building or part of a building devoted to the testing and analysis of any product or animal.

LANDFILL: The disposal of waste materials by burying said materials and providing a level cover of soil harmonious with existing drainage and sufficient to control odors, rodents, insect nuisances and other hazards, provided that such material shall neither be disposed of nor prepared for disposal by burning on the site.

LOT: A parcel of land on which one principal building and its accessories are placed or are intended to be placed, together with the required open spaces.

a.

A corner lot: A lot of which at least two adjacent sides abut for their full length upon a road, provided that such two sides intersect at an angle of not more than 135 degrees. A lot abutting upon a curved road or roads shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the road line, intersect at an interior angle of not over 135 degrees. In the case of a corner lot with a curved road line, the corner shall be considered to be that point on the road lot line nearest to the point of intersection of the tangents here described.

b.

An interior lot: A lot other than a corner lot.

c.

Through Lot: Shall mean an interior lot having frontage on two (2) streets which do not intersect at a point contiguous to such lot.

LOT AREA: That area back of the right-of-way line and bounded by side and rear lot lines.

LOT LINE: Any line bounding a lot.

a.

Front lot line: The line separating the lot from the road, in the case of a corner lot, the line separating the narrowest side of the lot from the road.

b.

Rear lot line: The line opposite to and most distant from the front lot line.

c.

Side lot line: Any line other than front or rear lot lines.

d.

Road lot line: Any line separating a lot from a road

LOT WIDTH OF: Shall mean the width measured along the front lot line or street line.

LOT OF RECORD: Is a lot the dimensions of which are shown on a document or map on file with the Register of Deeds.

LUMBER YARD: see CONTRACTOR.

MANUFACTURED HOUSING PARK: An area of land upon which three (3) or more occupied trailer coaches or mobile homes are harbored either free of charge or for revenue purposes, and shall include any building structure, vehicle, or enclosure used or intended for use as part of the equipment of such mobile coach park, subject to A.N.S.I. code and Michigan Manufactured Housing Commission rules, Public Act 96 of 1987, as amended.

MANUFACTURING: The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing. The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

MASSAGE STUDIO: An establishment offering massage therapy and/or body work by a massage therapist or under the direct supervision of a licensed physician.

MASSAGE PARLORS: Shall mean an establishment wherein a substantial or significant portion of its business involves the administration of nontherapeutic massage, erotic touching or fondling, including but not limited to, fondling of or erotic touching of human genitals, pubic region, buttock or breasts. A "massage parlor" does not include medical or therapeutic massage businesses such as State licensed chiropractors and physical therapist or other State licensed, medically-related practitioners. All practitioners employed by such businesses must be licensed.

MASTER DEED: Shall mean the condominium document recording the condominium project as approved by the Zoning Administrator to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

MEDIA: Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD, other magnetic media, and undeveloped pictures.

MEDIA SHOP: A general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media shops. In that context, media shop means a retail outlet offering media for sale or rent, for consumption off the premises provided that any outlet meeting the definition of adult media shop shall be treated as an adult media outlet.

MIGRATORY WORKER: Shall mean a worker engaged primarily in agricultural and related seasonal industry, or who has been so engaged at one or more times during the past two (2) crop seasons, and who must move so far in the course of the worker's regular agricultural employment that the worker must establish a temporary residence at one or more locations away from the place the worker calls home. It includes family dependents who may or may not move with the worker in any year for all or part of the season.

MINI/SELF STORAGE: A structure containing separate storage areas of varying sizes that are leased or rented on an individual basis.

MOBILE /MANUFACTURED HOME: A structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, and which is connected to the required utilities and includes the necessary plumbing, heating/air-conditioning, and electrical systems contained therein. For the purposes of this ordinance, "Mobile Home" does include single and double-wide mobile homes but does not include a recreational vehicle or travel trailer.

MOBILE HOME PARK: Shall mean a parcel of land fifteen (15) acres or more, intended and designed to accommodate sixty (60) or more mobile homes for residential use, which is offered to the public for that use along with any structure, facility, area or equipment permitted and incidental to the residential use. Referred to also as "park".

MOBILE HOME SPACE: Shall mean a plot or parcel of land within the mobile home park designed to accommodate one mobile home.

MOBILE HOME STAND: Shall mean that part of a mobile home space which has been reserved for the placement of the mobile home, appurtenant structures, or additions.

MODULAR HOME: A structure, transportable in one or more sections on a removable chassis, and designed to be used on a permanent foundation and for affixture to the real property as a permanent improvement, when connected to the required utilities, such as plumbing, heating, and electrical systems.

MOTEL: A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transients traveling by automobile. The term "motel" shall include buildings designed as auto courts, tourist courts, motor hotels, hotels and similar names that are designed as integrated units of individual rooms under common ownership. For the purposes of this ordinance, "motel" and "hotel" have the same meaning.

NONCONFORMING BUILDING: Any building or portion thereof lawfully existing at the time this ordinance became effective and which now does not comply with its regulations.

NONCONFORMING USE: Any property use which was lawful at the time this ordinance became effective and which now does not comply with its regulations.

NURSING OR CONVALESCENT ADULT FOSTER CARE HOME: A structure other than a hospital where persons are housed or lodged and are furnished with meals, nursing and medical care.

OFFICE: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

OFFICE BUILDING: A building used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity; it may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

OPEN SPACE: Land considered dedicated open space shall be set aside as common land for recreational, conservation and agricultural uses and preserved in an undeveloped state. Further subdivision of open space lands or their use for other than recreation, conservation or agriculture shall be prohibited.

OPAQUE: Shall mean impervious to light.

OUTDOOR LIVING SPACE: An area directly adjacent to a residential home that is intended to extend the living area to the outside. It will consist of a partially covered or fully covered area with such design elements as pergolas, trellises, gazebos, or other similar design elements over them. Outdoor living spaces have direct access to the home by deck or patio. An outdoor living space shall meet all of the required principal dwelling setbacks, and will be counted as though it were part of the principal dwelling for lot coverage. If outdoor living spaces are located on decks or patios only the area that is covered or partially covered shall be considered as outdoor living space.

OUTDOOR SOLID FUEL BURNING FURNACE: Any equipment, device or apparatus which is installed, affixed or situated outdoors, for the primary purpose of combustion of solid fuel to produce heat or energy comprising a component of a heating system used to provide heat to a principal dwelling only.

OUTDOOR SALES AREA: Any space used for display, sale or rental of motor vehicles or trailers, in new or used and operable condition.

OUTDOOR SALES: Uses not conducted from a wholly enclosed building, operated for a profit, and including the following uses:

a.

Bicycle, mobile home, travel trailer, motor vehicle, boat or home equipment sale or rental services.

b.

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

c.

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

d.

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

PARK, RECREATIONAL: An open area designed for the active and/or passive use of the general public and which may or may not contain playground or exercise facilities and equipment.

PARKING SPACE, MOTOR VEHICLE: Any accessible area of not less than 200 square feet exclusive of access drives and a shape satisfactory for such use

PERSONAL SERVICES FACILITIES: Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

PLANNED UNIT DEVELOPMENT (PUD): A development, planned and developed as a unit, under unified control, developed according to comprehensive and detailed plans, including a program providing for the continual maintenance and operation of such improvements, facilities, and services which will be for the common use of the occupants of the planned unit development, not generally including a shopping center or other commercial developments intended for rental, but "planned unit development" includes cluster zoning, planned development, community unit plan, planned residential development, and other zoning requirements which are designed to accomplish the objective of a zoning ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.

POND AREA: The surface area of a pond at its high water condition.

PRIMARY LIVE ENTERTAINMENT: On-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

PRINCIPAL USE: The primary and predominate use of the premises including customary accessory uses.

PRIVATE POOL: Shall mean that the swimming pool is not publicly owned; and not otherwise regulated by the State of Michigan, either by statute or by rules and regulations of one of its administrative bodies.

PRIVATE ROAD: A road constructed or maintained by private property owners and/ or to the standards contained in this ordinance. Such a road may require further upgrading to meet the standards of the Saginaw County Road Commission and for its acceptance of the road as a Saginaw County Road. A private road may serve one or more residences.

PROFESSIONAL SERVICES: Services offered to the general public such as law, medicine, engineering, accounting, and architecture.

PROCESSING: Any operation changing the nature of material or materials such as the chemical composition, physical qualities, or size or shape. Does not include operations described as fabrication, or assembly.

PUBLIC FACILITIES: Facilities that are owned and operated by a municipality, government agency, or publicly owned utility

PUBLIC SERVICE INSTALLATION: A building, structure or use of land that provides a service that is essential to the general public's convenience or safety and is also defined as a PUBLIC UTILITY.

PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish and furnishing under state or township regulations, to the public, electricity, gas, steam, communications, telegraph, transportation or water.

QUASI-PUBLIC FACILITY: A "quasi-public facility" shall be a facility owned by a group of people whose purpose and efforts are to enhance the local community. The facility shall include outdoor recreation areas such as, ball fields and soccer fields. Money for improvements in the community can be raised by holding events at the facility that are open to the public and are presented in a safe and clean manner.

RECREATION, INDOOR: A recreational land use conducted entirely within a building, including arcade, arena, art gallery and studio, art center, assembly hall, athletics and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool, and tennis court.

RECREATION, OUTDOOR: Recreational uses conducted almost wholly outdoors, including golf driving ranges (not associated with a golf course), miniature golf, firing ranges, water parks, amusement parks, and similar uses.

RECREATION, PRIVATE: Recreational, playgrounds and parks activities that are not open to the general public and for which a fee may or may not be charged.

RECREATIONAL VEHICLE/EQUIPMENT: Shall include, but is not limited to, the following:

a.

Fishing boats, jet skis, sail boats, canoes, paddle boats, ski boats, recreational boats, commercial boats, duck boats, pontoons, floats and rafts as well as the trailer used to transport them.

b.

Folding tent trailer, pop up trailer, and similar equipment or structure, mounted on wheels and is intended for short term camping.

c.

Pickup camper designed primarily to be mounted in a pickup bed or on a truck chassis and intended for camping.

d.

Travel trailer is considered a vehicular portable structure built on a chassis, permanently identified as a "travel trailer" by the manufacture, including fifth wheelers and other pull behind campers and is intended for camping.

e.

Utility trailer can transport the following or similar items but [is] not limited to these specific items: brush, cars, lawn equipment, scrap metal, motorcycles, snowmobiles, go-carts or junk and debris.

f.

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

g.

A motorized off road vehicle such as a quad, four- or six-wheeler, mud bog vehicle, ATV, UTV, or other similar vehicle which is not licensed by the State of Michigan for general operation on public highways.

h.

Ultra-light planes, airplanes, hot air balloons, and similar devices intended for flight.

i.

Other similar objects.

RESTAURANT: A business located in a building where, in consideration for the payment of money, meals are habitually prepared, sold and served to persons for consumption on or off the premises, having suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of goods that may be required for ordinary meals, and deriving the major portion of its receipts from the sale of food and complying with state and federal health regulations.

RESTAURANT, DRIVE-IN/DRIVE THROUGH/FAST FOOD: A restaurant developed so 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 vehicle or to permit patrons to eat while in the motor vehicle, as well as within a building or structure, or primarily to provide self-service for patrons and food carry-out. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with the consumption off the premises, and whose design or principal method of operation includes one or both of the following:

a.

Food, frozen desserts, or beverages usually served in edible containers or in paper, plastic, or other disposable containers;

b.

More than forty-five (45%) percent of the available floor space devoted to food preparation, related activities and other floor space not available to the public.

RETAIL TRADE: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods.

RIGHT-OF-WAY: A public or private thoroughfare or easement of access for vehicle travel, which has an exit onto a road or street.

RIGHT-OF-WAY LINE: Shall be the established right-of-way line, or in the event there is no established right-of-way line for a road, the said right-of-way line shall be deemed to be 33 feet from the center of the road.

ROAD, COUNTY: A road constructed to Saginaw County Road Commission standards and maintained by the Saginaw County Road Commission.

ROAD, PRIVATE: A road constructed or maintained by private property owners and/or to the standards contained in this ordinance. Such a road may require further upgrading to meet the standards of the Saginaw County Road Commission and for its acceptance of the road as a Saginaw County Road. A private road may serve one or more residences or businesses.

ROADSIDE STAND: A booth or stall located on a farm, from which produce and farm products are sold to the general public.

SADOMASOCHISTIC PRACTICES: Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed or naked.

SANITARY LANDFILL, SOLID WASTE TRANSFER STATION: Any operation that is licensed by the State of Michigan or its agencies as a sanitary landfill or is subject to the requirement of having such a license.

SAWMILL, LUMBERING: The cutting and storing of forest products and the operation of portable sawmills and planers.

SCREENING: Evergreen plant material, fencing or earthen berms of a minimum height of six (6) feet and which obstructs view of commercial and industrial improvements abutting a residential zone or a residence in an agricultural zone which is within five hundred (500) feet of the commercial or industrial property line.

SEASONAL LABOR HOUSING COMPLEX: Shall mean temporary facilities provided for the housing of workers who for seasonal purposes are employed in the planting, harvesting, or processing of crops, or for other essential but temporary employment.

SERVICE, ESSENTIAL: Shall mean the construction, alteration or maintenance by private companies or public departments or agencies of the various transmissions, distribution or disposal systems that are essential for the preservation of the public health, safety or general welfare such as gas, electricity, telephone, water and sewer. Also, this term includes all poles, wires, mains, drains, sewers, pipes, cables, traffic signals, hydrants and other similar equipment or accessories reasonably necessary to provide adequate service of said companies or agencies; but the term shall not include buildings or utility substations.

SEX SHOP: An establishment offering goods for sale or rent and that meets any of the following tests:

a.

The establishment offers for sale items from any two of the following categories:

1)

adult media

2)

lingerie

3)

leather goods marketed or presented in a context to suggest their use for the sadomasochistic practices

And the combination of such items constitutes more than 10 percent of the stock-in-trade of the business or occupies more than 10 percent of its floor area.

b.

More than 5 percent of the stock-in-trade of the business consists of sexually oriented toys or novelties.

c.

More than 5 percent of the gross public floor areas of the business is devoted to the display of sexually oriented adult toys or novelties.

SEXUALLY ORIENTED BUSINESS: An inclusive term used to describe collectively: adult cabaret, adult motion picture theater; adult media store; bathhouse; massage shop; modeling studio and/or sex shop. This collective term does not describe a specific land use and should not be considered a single-use category.

SEXUALLY ORIENTED TOYS OR NOVELTIES: Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

SHADOW FLICKER: Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as a window at a dwelling.

SHALL: The word "shall" is always mandatory and not merely directive.

SIGN: Refer to Separate Thomas Township Sign Ordinance: Title 13

SIGNIFICANT OR SUBSTANTIAL PORTION: Shall mean twenty-five (25%) percent or more of the term modified by such phrase.

SITE AREA: Shall mean the total area within the property lines excluding street rights of way.

SLAUGHTER HOUSE: A facility for the slaughtering and processing of animals and the refining of their by-products. These uses are regulated as Intensive Livestock Operations

SOLAR POWER: Energy generated by the sun through the collection, transfer and storage of the sun's heat.

SPECIAL USE: Uses other than those permitted in a particular zone permitted by an application for issuance of a special use permit, when all the procedure requirements together with all standards are met when approved by the Township Board.

SPECIFIED ANATOMICAL AREA:

a.

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

b.

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

SPECIFIED SEXUAL ACTIVITY: Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STABLE, PUBLIC: An establishment used for the breeding, rearing and housing of more than two (2) horses, ponies, and similar animals, and including riding academies and stables to which the public is admitted for a fee to ride and/or board horses.

STABLE, PRIVATE: Any building or structure and adjacent lands used for or designed for the boarding, breeding, or care of not more than two (2) horses, ponies and similar animals, other than horses used for farming or other agricultural purposes. A private riding stable may include areas and facilities for training, riding, or driving of horses and for offering of lessons to teach the riding and driving of horses for a fee to a limited number of persons having a direct interest in said horses.

STATE LICENSED RESIDENTIAL FACILITY: A private home licensed by the State Department of Social Services for care of sick, elderly or handicapped adults. A family home is defined as having 1 to 6 adults; a group home has 7 to 20.

STORAGE, BULK: The holding or stockpiling on land of material and/or products where such storage constitutes 40 percent of the developed site area and the storage area is at least one acre, and where at least three of the following criteria are met by the storage activity:

a.

In a bulk form or in bulk containers;

b.

Under protective cover to the essential exclusion of other uses of the same space due to special fixtures or exposure to the elements;

c.

In sufficient number, quantities, or spatial allocation of the site to determine and rank such uses as the principal use of the site;

d.

The major function is the collection and/or distribution of the material and/or products rather than processing;

e.

The presence of fixed bulk containers or visible stockpiles for a substantial period of a year.

STORAGE, INDOOR: see WAREHOUSE

STORAGE, OUTDOOR: see OUTDOOR USE

STORAGE SHED: A building not more than 200 square feet in area used solely for the purpose of storage.

STORY: That portion of a building included between the surface of any floor above the average elevation or ground at the foundation wall and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF: Is an uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet six inches (7' 6"). For the purposes of this ordinance, the usable floor area is only that area having at least four (4') feet clear height between floor and ceiling.

STORY, HEIGHT OF: Shall mean the vertical distance from the top surface of one floor to the top surface of the next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.

STREET: Shall mean a public thoroughfare which affords the principal means of access to abutting property.

STREET FUNCTIONAL CLASSIFICATION:

a.

"Functional classification" is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. Three (3) basic groups include:

1)

Arterials for primary mobility;

2)

Collectors for both mobility and land access, and

3)

Locals for primarily land access.

b.

Collectors: Collector system provides both land access service and for local traffic movements within residential neighborhoods, commercial areas and industrial areas.

c.

Locals: Serves as direct land access and access to higher systems.

d.

Minor Arterials: Interconnects with and augments the principal arterial system and provides service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials.

e.

Principal Arterial: Serves the major centers of activity of the region, the highest traffic volume corridors, and the longest trip designs.

STREET LINE: Shall mean the legal line of demarcation between a street right-of-way line for service, benefit or enjoyment.

STRUCTURE: Anything, including a building constructed or erected, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground.

SWIMMING POOLS: Body of chemically treated water used for swimming.

a.

Type 1: Shall mean any swimming pool constructed wholly or partially below the natural or graded surface of the surrounding area.

b.

Type 2: Shall mean any swimming pool constructed wholly above the surface of the surrounding terrain.

TATTOO/BODY PIERCING PARLOR: A personal service establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:

a.

Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;

b.

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

TAVERN: see BAR

TAXIDERMY: Taxidermy is a general term describing the many methods of reproducing a life-like three-dimensional representation of an animal for permanent display. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial armature. In other cases, the specimen is reproduced completely with man-made materials.

TEMPORARY OUTDOOR USE: A use carried out in an open area or uncovered or temporary structure, which is disbanded when the designated time period, activity or use for which the temporary structure was erected, has ceased.

TERMINAL: see WAREHOUSING AND DISTRIBUTION

THEATER: see INDOOR RECREATION

TOWER, COMMUNICATION: Shall mean a radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or to another structure, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals.

TOWING OPERATIONS: An establishment that provides for the removal and temporary storage (7 days) of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles.

TRAFFIC CALMING TECHNIQUES: A form of roadway design that naturally slows traffic by means of winding the roadway, creation of planting islands between traffic lanes and the planting of trees along the edge of roadways.

TRANSITIONAL HOUSING: A facility and administrative functions providing temporary overnight shelter for one or more individuals who are otherwise temporarily or permanently homeless. Transitional Housing may include provision of food and clothing and support services such as counseling, education and transportation. "Transitional Housing" includes homeless shelters, missions and religious organizations with overnight stay, other forms of temporary emergency housing or shelter and similar facilities.

USE: Shall mean the employment or occupation of a building, structure or land for service, benefit or enjoyment.

USE, TEMPORARY: A use in a temporary building or structure on a parcel, established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period granted in the administrative permit. An outdoor temporary use has fewer than 250 people in attendance at one time and may require a special use permit if determined by the Zoning Administrator.

USED CAR LOT: see VEHICLE SALES

UTILITY GRID WIND ENERGY SYSTEMS: A Utility Grid wind energy system is designed and built to provide electricity to the electric utility grid.

USED OR OCCUPIED: The words "used," "usable" or "occupied" as applied to any realty or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

VARIANCE: A modification of the specific regulations of this ordinance granted by resolution of the Board of Appeals in accordance with the terms of this ordinance.

VETERINARY HOSPITAL: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

VEHICLE REPAIR: General repair, rebuilding, or reconditioning of engines, motor vehicles or trailers; collision service, including body frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning and oil change.

VEHICLE SALES: A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven off the lot. A USED CAR LOT shall not be used for the storage of wrecked automobiles, the dismantling of automobiles, or the storage of automobile parts.

VIDEO-VIEWING BOOTH OR ARCADE BOOTH: Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including but not limited to, film, video or magnetic tape, laser disc, CD, books, magazines, or periodicals) for observation by patrons therein. A video-viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.

VISIBLE: Visible means capable of being seen by a person of normal visual acuity.

WADING POOL: Shall mean any small pool designed for the use of small children, with a water depth not to exceed one foot (1'), constructed entirely aboveground and designed to be portable.

WAREHOUSING/DISTRIBUTION: The storing of different types of equipment and merchandise to be shipped or sold for resale.

WIND ENERGY SYSTEM: A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid.

WIND SITE ASSESSMENT: An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

WIND POWER GENERATING FACILITIES, UTILITY GRADE: Wind generating facilities which generate original power on site to be transferred to a transmission system for distribution to customers. The definition of wind power generating facilities shall not include individual wind power generating facilities erected and used primarily for private use.

WIRELESS COMMUNICATION FACILITY: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, micro-wave relay facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; federally licensed amateur (ham) 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: Structures erected or modified to support wireless communication antennas. Support structures within this definition 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: A yard is a space open to the sky and unoccupied or unobstructed, except by encroachments specifically permitted under this ordinance, on the same lot with a building or structure. Yard measurements shall be the minimum horizontal distance.

a.

A front yard is a yard extending across the full width of a lot between the front lot line and the nearest line of the main building.

b.

A rear yard is a yard extending across the full width of a lot between the rear lot line and the nearest line of the main building.

c.

A side yard is a yard between the side lot line and the nearest line of the main building or of an accessory building attached thereto.

d.

Required yard is a yard, as defined, that occupies the area of a required setback.

YARD REQUIRED—HOW MEASURED: Required yard depth or width shall be measured in a horizontal plane and at right angles from the lot line in question or an extension thereof.

YARD SALE: Yard, rummage, garage and similar sales providing: a) The sale is temporary, shall not continue for a period exceeding two (2) weeks from date of commencement and many not commence again for at least thirty (30) days from the last date of a prior sale at that location with no more than three (3) such sales per year. No items available during sales may be openly displayed when sales are not in progress. b) The sale shall not be intended for more than incidental income and shall not be intended to operate as a commercial venture providing regular income. Sales that exceed this duration are TEMPORARY OUTDOOR USES.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; Ord. No. 13-Z-02, § 1, 10-7-2013, eff. 11-15-2013; Ord. No. 14-Z-01, § 1, 4-7-2014, eff. 5-9-2014; Ord. No. 15-Z-03, § 1, 3-7-2016, eff. 3-18-2016; Ord. No. 20-Z-01, § 1, 4-6-2020, eff. 7-4-2020)