ARTICLE I. IN GENERAL
40-1. Short title.
This chapter shall be known and may be cited as "The Charter Township of Port Huron Zoning Ordinance" or "The Charter Township of Port Huron Zoning Regulations." Within the following text it may be referred to as the "ordinance" or the "zoning regulations."
(Ord. No. 147-43, § 1.001, 12-15-2003)
40-2 Rules of construction.
The following rules of construction apply to the text of these zoning regulations:
(1) The particular shall control the general.
(2) Terms used in the present tense shall include the future.
(3) Terms used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.
(4) The term "shall" is always mandatory and not discretionary. The term "may" is permissive.
(5) The masculine gender includes the feminine and neuter.
(6) All measurements shall be to the nearest integer, unless otherwise specified herein.
(7) The phrase "used for" includes "arranged for," "designed for," "intended for," "occupied for," and "maintained for."
(8) The term "building" includes the term "structure." The term "structure" includes "building." The term "build" includes the terms "erect" and "construct." A "building" or "structure" includes any part thereof.
(9) The term "person" includes an individual, a corporation, a partnership, an incorporated association or any similar entity.
(10) Whenever a word or term defined hereinafter appears in the text of the zoning regulations, its meaning shall be construed as defined herein. Words or terms not herein defined shall have the meaning customarily assigned to them.
(11) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:
a. The term "and" indicates that all the connected items, conditions, provisions or events shall apply.
b. The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
c. The term "either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(12) Catchwords and catchlines shall in no way by their presence or absence limit or affect the meaning of these zoning regulations.
(13) Unless the context clearly indicates to the contrary, where an illustration accompanies any item within these zoning regulations, the written text shall have precedence over said illustrations.
(14) The intent, when spelled out in a section, dictates the meaning of any regulation.
(Ord. No. 147-43, § 1.002, 12-15-2003)
40-3 Definitions.
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 that is clearly incidental to, customarily found in connection with, subordinate to and is located on the same zoning lot as the principal use, building and/or structure to which it is exclusively related.
Adult book or supply store means an establishment having ten percent or more of all usable interior, retail, wholesale or warehouse space devoted to the distribution, display or storage of books, magazines and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, other electronic media and/or novelty items that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
Adult care. See State licensed residential facility.
Adult model studio means any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.
Adult motion picture arcade means any place where motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe or relate to specified sexual activities or specified anatomical areas (as defined herein).
Adult motion picture theater means an enclosed building wherein still or motion pictures, video tapes or similar material is presented or viewed that is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
Adult outdoor motion picture theater means a drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
Adult physical culture establishment.
(1) Adult physical culture establishment means any establishment, club or business by whatever name designated, that offers or advertises, or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths or other similar treatment by any person. A tattoo parlor as defined herein is specifically included as an adult physical culture establishment.
(2) The following uses shall not be included within the definition of an adult physical culture establishment:
a. Establishments that routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse or any other similarly licensed medical professional;
b. Electrolysis treatment by a licensed operator of electrolysis equipment;
c. Continuing instruction in martial or performing arts, or in organized athletic activities;
d. Hospitals, nursing homes, medical clinics or medical offices;
e. Barbershops or beauty parlors and salons that offer therapeutic massage, by licensed and certified personnel, of the face, the neck or the shoulders only; and
f. Adult photography studios whose principal business does not include the taking of photographs of specified human anatomical areas.
Aerial balloons means balloons, inflatable figures or inflatable objects that are anchored or affixed to any one location, property, structure or building and used solely to advertise the sale or rental of any product, property or service. Balloons that are typically hand-held shall not be subject to regulation under this chapter.
Alley means a dedicated public vehicular or pedestrian way usually between or behind buildings, that affords a secondary means of access to abutting property.
Alteration means any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns or beams or girders, or any change that may be referred to herein as altered or reconstructed.
Ancillary solar equipment (ASE) shall mean any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, converters, water heaters or other equipment requested or necessary for system operation.
Animal hospital. See Clinic, veterinary.
Apartment. See Dwelling, multiple-family.
Arcade means any place, premises, establishment or room within a building that provides on its premises three or more machines that may be operated or used as a game, contest or for amusement of any description. For the purposes of this definition, the term "machine" shall mean any device, apparatus, electrical or mechanical equipment or machine operated as amusement for required compensation. The term does not include vending machines used to dispense foodstuffs, toys or other products for use and consumption.
Architectural features means the components of construction, either permanent or temporary, that are an integrated part of a structure or attached to a structure and constitute a portion of the exterior design, including, but not limited to, arches, transoms, windows, moldings, columns, capitals, dentils, lintels, parapets, pilasters, sills, cornices, cupolas, awnings and canopies.
Attached wireless telecommunication facility (antennas) means any wireless telecommunication facility affixed to an existing structure, such as a building, tower, water tank, utility pole, etc., utilized to receive and transmit federally or state licensed telecommunications services via duly licensed segments of the radio frequency spectrum. This definition shall not include support structures.
Attic means the space between the ceiling beams of the top habitable floor and the roof.
Automobile, unless specifically indicated otherwise, means any self-propelled vehicle including, by way of example, cars, trucks, vans, motorcycles and the like.
Automobile fueling station means a place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation or a restaurant as an accessory use, provided that it is clearly incidental to the filling station use. Parking requirements for filling station/convenience store or restaurant operations shall be computed by adding together the parking space requirements for each separate use.
Automobile or vehicle dealership means a building or premises used primarily for the sale of new and used automobiles and other motor vehicles.
Automobile or vehicle sales means a building or premises used primarily for the sale of new and used automobiles and other motor vehicles including the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks and other vehicles.
Automobile repair means major or minor repair of automobiles defined as follows:
Major repair means engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rust-proofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing of the automobiles on the premises overnight.
Minor repair means engine tune-ups and servicing of brakes, air conditioning or exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing of the automobiles on the premises overnight.
Automobile repair garage means an enclosed building where major automobile repair services may be carried out.
Automobile service station means a place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles, including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass, etc.) and the servicing of and minor repair of automobiles.
Automobile wash or car wash establishment means an establishment contained within a building or premises or portion thereof where automobiles are washed.
Basement means that portion of a building that is partially or totally below grade, but is so located that the vertical distance from the average finished grade to the floor below is greater than the vertical distance from the average finished grade to the ceiling. This definition shall include a cellar that may be below grade with an entrance separate from the principal building but shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.
Bedroom means a room designed or used in whole or part for sleeping purposes.
Berm. See Landscaping.
Block means the property bounded by a street or by a combination of streets and public lands, railroad, utility or public rights-of-way, rivers, drains or streams, boundary lines of the township, or any other barrier to the continuity of development.
Board of appeals. See Zoning board of appeals.
Boardinghouse or roominghouse means a building, other than a hotel, where for compensation or by pre-arrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. A roominghouse shall be deemed a boardinghouse for the purposes of these zoning regulations.
Border treatment means a low barrier of natural or artificial materials located near the perimeter of a residential lot. Artificial materials commonly included in border treatment construction include wood, wire, metal or any other material or combination of materials commonly used in fence construction. Natural materials commonly used for creation of a border treatment include deciduous and evergreen shrubs.
Building means any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels or property or materials of any kind. A building shall include tents, awnings, semi-trailers or vehicles situated on a parcel and used for the purposes of a building. A building shall not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers or similar structures.
Building, accessory. See Accessory use, building, or structure.
Building area. See Building envelope.
Building envelope means the area of a lot that is defined by the minimum setback requirements within which building construction is permitted by the terms of these zoning regulations.
Building height means the vertical distance measured from the finished grade to:
(1) The highest point of the coping of a flat roof;
(2) The deck line of a mansard roof;
(3) The average height between the eaves and the ridge for the highest gable, hip studio or gambrel roof; or
(4) Seventy-five percent of the height of an A-frame.
Where a building is located on sloping terrain, the height shall be measured from the average finished ground level grade of the building wall. See Grade.
BUILDING HEIGHT REQUIREMENTS
Building line means a line parallel to the front lot line at the minimum required front setback line (see illustration).
BUILDING LINE
Building official means the township official designated by the township board to administer and enforce the state construction code.
Building, principal or main, means a building or, where the context so indicates, a group of buildings that are permanently affixed to the land and that are built, used, designed or intended for the shelter or enclosure of the principal use of the parcel.
Building, temporary, means a building that is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements of current adopted state construction code of the township.
Bulk means the term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets and other buildings; gross floor area of buildings in relation to lot area; open space; and the amount of lot area required for each dwelling unit.
Business scale SES shall mean a single or multiple solar energy conversion system(s) consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics that will only be used to produce utility power for on-site use for all business, industrial, PSP, PUD or multifamily residential zoning districts, which will require site plan or special use approval by the planning commission (PC) based on compliance with the enclosed standards listed.
Cabaret means an establishment where live entertainment such as, but not limited to, comedy or theater is provided, presented, permitted or performed, and the performances may be distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas (as defined herein) for observation by or participation of patrons therein. Also, an establishment that features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.
Campground or trailer court means any parcel or tract of land upon which two or more travel trailers, truck campers, tents or other similar portable units are placed, regardless of whether a charge is made thereof. The term also includes any building, structure, enclosure, driveway, equipment or facility used or designed and intended for use incident to temporary living purposes in connection with the recreational pursuits or mode of travel of the general public.
Cellar. See Basement.
Cemetery means land used for the burial of the dead, including a columbarium, crematorium and/or mausoleum.
Child care center means a facility, other than a private residence, receiving minor children for care, maintenance, training and supervision for a period of less than 24 hours a day where the parents or guardians of these children are not immediately available. This definition encompasses a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility may also be described as a day care center, day nursery, nursery school, parent cooperative preschool, play group or drop-in center.
Church means any structure, regardless of name or title, wherein persons regularly assemble for religious activity.
Clinic, medical, means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by physicians, dentists or similarly licensed professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.
Clinic, veterinary, means an institution that is licensed by the state department of health to provide for the care, diagnosis and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services and offices.
Club or fraternal organization means a group of persons organized for the purpose of participating in and/or the advancement of sports, arts, science, agriculture, literature, politics or similar activities, but is not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a club in these zoning regulations.
Commercial use means the use of property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer. As used in these zoning regulations, the term "commercial use" shall not include industrial, manufacturing or wholesale businesses.
Comprehensive development plan or master plan means a document that is prepared under the guidance of the township planning commission and consists of graphic and written materials that indicate the general location for streets, parks, schools, public buildings and all physical development of the township (the current plan is the "Comprehensive development plan" adopted by the township planning commission in October 1996, as amended).
Condominium means a system of separate ownership of individual units in multiunit projects according to Public Act No. 59 of 1978 (MCL 559.101 et seq.). In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee interest and in the spaces and building parts used in common by all the unit owners. For the purposes of these zoning regulations, condominium terms shall be defined as follows:
Common elements means portions of the condominium project other than the condominium units.
Condominium Act means Public Act No. 59 of 1978 (MCL 559.101 et seq.).
Condominium lot means that portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the schedule of regulations of these zoning regulations.
Condominium subdivision plan means drawings and information that show the size, location, area and boundaries of each condominium unit, building locations, the nature, location and approximate size of common elements, and other information required by section 66 of Public Act No. 59 of 1978 (MCL 559.166).
Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.
Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with these zoning regulations and the condominium act.
Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.
Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with these zoning regulations and the condominium act.
Expandable condominium means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with these zoning regulations and the condominium act.
General common elements means common elements other than the limited common elements, intended for the common use of all co-owners.
Limited common elements means portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.
Master deed means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.
Site condominium project means a condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in these zoning regulations.
Congregate housing. See Housing for the elderly.
Contractor’s yard means a site on which a building or construction contractor stores equipment, tools, vehicles, building materials and other appurtenances used in or associated with building or construction. A contractor’s yard may include outdoor or indoor storage, or a combination of both.
Convalescent home. See Nursing home.
Convenience store means a retail store that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). Convenience stores are designed to attract a large volume of stop-and-go traffic.
Co-op (cooperative) housing means a multiple dwelling owned by a corporation that leases its units to stockholders on a proprietary lease arrangement.
Court means an open, uncovered, unoccupied space, other than a yard, partially or wholly surrounded on at least two sides by building walls. A court having at least one side open to a street, alley, yard or other permanent open space is an outer court. Any other court is an inner court.
Curb cut means the entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.
Deck means a platform, commonly constructed of wood, that is typically attached to a house, and that is typically used for outdoor leisure activities.
Density means the number of dwelling units per acre of land.
Gross density means the number of units per acre of total land being developed.
Net density means the number of units per acre of land devoted to residential use.
Detention basin means a manmade or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or manmade outlets.
Development means the construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.
Display, outside, means the outdoor standing or placement of immediately usable goods which are available for sale, lease or rental and which are displayed in such manner as to be readily accessible for inspection and removal by the potential customer.
Distribution center means a use that typically involves both warehouse and office/administration functions, where short and/or long term storage takes place in connection with the distribution operations of a wholesale or retail supply business.
District, zoning, means a portion of the unincorporated area of the township within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas and other requirements are established under the provisions of these regulations.
Drive-in means any business establishment so designed that its operation involves providing a service or a product to patrons while they are in their car, rather than within a building or structure.
Drive-through means a business establishment whose method of operation involves the delivery of a product or service directly to a customer inside a motor vehicle, typically through a window or other appurtenance to a building.
Driveway means a passageway of definite width designed primarily for use by motor vehicles over private property, leading from a street or other public way to a garage or parking area. A horseshoe-shaped drive or a "T" shaped drive located within a front yard is included within this definition.
Dwelling means any building, or part thereof, containing sleeping, kitchen and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of these zoning regulations.
Dwelling, accessory apartment, means a dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and is occupied either by:
(1) Persons related to the occupant of the principal residence by blood, marriage or legal adoption; or
(2) Domestic servants or gratuitous guests.
An accessory apartment commonly has its own kitchen, bath, living area and sleeping area, and usually has a separate entrance. It may also be referred to as an in-law apartment or granny flat.
Dwelling, manufactured, means a building or portion of a building designed for long-term residential use and characterized by all of the following:
(1) The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended;
(2) The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and
(3) The structure is designed for use as either an independent building or as a module to be combined with other elements to form a complete building on the site.
Dwelling, mobile home, means a structure, transportable in one or more sections, that is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered mobile homes for the purposes of these zoning regulations. A mobile home is a type of manufactured housing.
Dwelling, multiple-family, means a building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwelling units include those commonly known as apartments, which are defined as follows:
Apartment means an attached dwelling unit with party walls, contained in a building with other apartment units that are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants, may often have a central heating system and other central utility connections, and typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.
Efficiency unit or studio apartment means a type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets and/or a dining alcove located directly off the principal room.
Dwelling, one-family or single-family, means an independent, detached residential dwelling designed for and used or held ready for use by one family only.
Dwelling, two-family or duplex, means a detached building, designed exclusively for and occupied by a maximum of two families living independently of each other, with separate housekeeping, cooking and bathroom facilities for each.
Dwelling unit means one or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes.
Dwelling unit, single-family attached or townhouse, means an attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own door that opens to the outdoors, typically having its own basement, utility connections and front and/or rear yard. Townhouses are also known as row houses.
Earth-sheltered home means a building constructed partially below the surrounding average finished grade that is designed to conserve energy and is intended for use as a single-family dwelling.
Easement means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasipublic purpose and within which the owner of the property shall not erect any permanent structures.
Enforcement official means the person with the responsibility for enforcing and administering requirements of applicable sections of these zoning regulations. The enforcement official may be referred to as the zoning administrator, building official or other appropriate party so designated by the township board. Such titles do not refer to a specific individual, but generally to the office, department or township official most commonly associated with the administration of the regulation being referenced.
Engineer, township, means the person or firm authorized to advise the township administration, township board and planning commission on drainage, grading, paving, stormwater management and control, utilities and other related site engineering and civil engineering issues. The township engineer may be a consultant or an employee of the township.
Erected means any physical change on a site, including construction, reconstruction or alteration of buildings or structures thereon. Excavation, fill, drainage and the like shall be considered part of erection.
Essential services means the erection, construction, alteration or maintenance by public or quasipublic utilities or municipal departments or township-certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply or disposal, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar equipment, that are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities, or wireless telecommunication facilities that are used solely for private commercial purposes. Essential services shall include the use of land, buildings and structures for municipal facilities that have been approved by the township board, after receiving a report and written recommendation from the township planning commission.
Excavation means the removal or movement of soil, sand, stone, gravel or fill dirt on or from any parcel except for common household gardening, farming and general ground care.
Exception means an exclusion from the normal zoning ordinance rules and regulations for the purposes of permitting particular uses or structures that are considered essential or appropriate in certain locations or under certain conditions. A variance is not required for uses or structures that are permitted because of an exception.
Family.
(1) The term "family" means:
a. One or more persons related by blood, marriage or legal adoption, plus up to a total of three additional persons not so related who are either domestic servants or gratuitous guests, occupying a single dwelling unit and living as a single nonprofit housekeeping unit; or
b. A collective number of individuals living together in one dwelling unit, whose relationship is of a continuing, nontransient, domestic character and who are cooking and living as a single, nonprofit housekeeping unit.
(2) This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.
Family day care home means a private home in which one or more, but fewer than seven, minor children are received for care and supervision for periods of less than 24 hours a day, attended by other than a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term "family day care home" includes a home that gives care to an unrelated minor child for more than four weeks during the calendar year.
Farm means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. The interpretation of this definition shall be consistent with the Michigan Right to Farm Act, Public Act 93 of 1981 (MCL 286.471 et seq.) and, except to the extent expanded herein, the minimum requirements of the Generally Accepted Agricultural and Management Practices (GAAMPs) promulgated by the Michigan Commission of Agriculture and Rural Development, as may be amended from time to time.
Farm animals means those nonplant items recognized as "farm products" so defined in the Michigan Right to Farm Act at MCL 286.472(c), except as otherwise provided herein.
Fence means an artificially constructed barrier of wood, wire, metal or any other material or combination of materials, used to prevent or control an entrance, confine within, mark a boundary, or constitute an obstruction to human passage regardless of the component material.
Fill or filling means the deposit or dumping of any matter onto or into the ground, except for common household gardening, farming and general ground care.
Floodplain means that area of land adjoining the Black River, its tributaries and other natural watercourses within the township which are subject to seasonal or periodic flooding as established by the profiles in the most current report of the "Soil Survey of St. Clair County, Michigan" and/or a flood insurance study by the Federal Emergency Management Agency (FEMA) as flood hazard areas (i.e., lands within the 100-year flood boundary). A floodplain shall not necessarily include a drainage district established by the county.
Floor area, gross, means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage and summing the total square footage.
Floor area, net. See Floor area, usable residential, and Flood area, usable nonresidential.
Floor area, usable nonresidential, means the gross horizontal floor areas of all the floors of a building or structure and of all accessory buildings that have the potential to become usable for human habitation measured from the interior face of the exterior walls, but excludes the horizontal floor area of utility rooms, mechanical equipment rooms, unfinished attics, enclosed porches, dedicated storage areas, light and ventilation shafts, public corridors, public stairwells and public toilets. This definition is typically used to compute parking requirements. Refer to the sketch for an example.
FLOOR AREA OF COMMERCIAL, OFFICE AND SIMILAR NONRESIDENTIAL USES
Floor area, usable residential, means the gross floor area minus areas in basements, unfinished attics, attached garages and enclosed or unenclosed porches.
Fortune telling and similar uses means and includes telling fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force including, but not limited to, clairvoyance, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing or magic of any kind or nature.
Foster care home. See State licensed residential facility.
Foster child means a child unrelated to a family by blood or adoption with which he lives for the purposes of care and/or education.
Fraternal organization. See Club.
Frontage means that portion of any property abutting a private or public street or a waterway. A corner lot and a through lot have frontage on both abutting private or public streets or a waterway and a street.
Garage, private, means an accessory building used for the parking or storage of motor vehicles owned and used solely by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure, but shall be located on the same zoning lot as the principal structure.
Garage, public. See Automobile repair garage.
Gas station. See Automobile filling station and Automobile service station.
Grade means the ground elevation established for the purpose of regulating the number of stories or height of a building or structure. The grade shall be the level of the ground adjacent to the walls of the building or structure if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
Greenbelt. See Landscaping.
Group day care home means a private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term "group day care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
Group home. See State licensed residential facility.
Gym or gymnasium means a room or building equipped for gymnastics, exercise or sport.
Hazardous materials and chemicals means all highly flammable materials or products that may react to cause a fire or explosion hazard; or that because of their toxicity, flammability or liability for explosion render fire fighting abnormally dangerous or difficult. This also includes flammable liquids or gases that are chemically unstable and that may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous materials and chemicals shall include flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases that have a degree of hazard rating in the health, flammability or reactivity of three or four as ranked by NFPA 704 and as adopted by the township and/or all items that are regulated as hazardous materials under Public Act No. 451 of 1994 (MCL 324.101–324.90106).
Hazardous uses means all uses that involve the sale, manufacture, processing or significant storage of materials and/or chemicals defined as hazardous materials or hazardous chemicals according to these regulations.
Height of building. See Building height.
Highway. See Street.
Home occupation means an occupational activity conducted entirely within a dwelling by the inhabitants thereof that is clearly incidental to the principal use of the dwelling as a residence and defined within these regulations.
Hospital means an institution that is licensed by the state to provide inpatient and outpatient medical and surgical services for the sick and injured, and that may include such related facilities as laboratories, medical testing services, training facilities, central service facilities and staff offices, staff dormitories or other staff living accommodations.
Hospital, veterinary. See Clinic, veterinary.
Hotel means a building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a bath, occupied for hire, and that typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room and general kitchen, and meeting rooms.
Housing for the elderly means a facility other than a hospital, hotel or nursing home that primarily provides housing to nontransient persons who are 55 years of age or older. Housing for the elderly may include the following:
Congregate housing means a type of semi-independent housing facility containing congregate kitchen, dining and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.
Elderly housing complex means a building or group of buildings containing dwellings where the occupancy is restricted to persons 55 years of age or older or couples where either the husband or wife is 55 years of age or older.
Senior apartments means multiple-family dwelling units occupied by persons 55 years of age or older.
Ice cream parlor means a retail establishment whose business is limited to the sale of ice cream, frozen desserts, dessert items, candies and confections, and beverages in a ready-to-eat state. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ice cream parlors for the purposes of these zoning regulations.
Improvement surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
Indoor recreation center means an establishment that provides indoor exercise facilities and indoor court sports facilities, and that may include spectator seating in conjunction with the sports facilities. For the purposes of these zoning regulations, a bowling establishment shall be considered a type of indoor recreation center.
Industry, heavy, means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or products, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Industry, light, means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
Ingress and egress, as used in these zoning regulations, means a driveway that allows vehicles to enter or leave a parcel of property, or to a sidewalk that allows pedestrians to enter or leave a parcel of property, a building or another location.
Junk means any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated or are in a condition that prevents their use for the purpose for which the product was manufactured.
Junkyard or salvage yard means an area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.
Kennel, commercial, means any lot or premises on which three or more dogs, cats or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection or pets, subject to the regulations set forth herein regulating commercial kennels.
Landfill, sanitary, means a tract of land that is used to collect and dispose of solid waste as defined and regulated in Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.).
Landscaping means the grading and/or treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines and other live plant material. In addition, a landscape design may include other decorative manmade materials such as wood chips, crushed stone, boulders or mulch. Structural features such as fountains, pools, statutes and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:
Berm means a continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of these zoning regulations.
Grass means any of a family of plants with narrow leaves normally grown as permanent lawns in the county.
Greenbelt means a strip of land of definite width and location reserved for the planting of a combination of shrubs, trees and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of these zoning regulations.
Ground cover means low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.
Hedge means a row of closely planted shrubs or low-growing trees that commonly form a continuous visual screen, boundary or fence.
Hydro-seeding means a method of planting grass where a mixture of the seed, water and mulch is mechanically sprayed over the surface of the ground.
Interior parking lot landscaping means a landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement and improve the appearance of the parking area.
Mulch means a layer of wood chips, dry leaves, straw, hay, plastic or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place or aid plant growth.
Nurse grass means any of a variety of rapidly-growing annual or perennial grasses used to quickly establish ground cover to prevent dust or soil erosion.
Ornamental tree means a deciduous tree that is typically grown because of its shape, flowing characteristics or other attractive features, and that grows to a mature height of 25 feet or less.
Screen or screening means a wall, wood fencing or combination of plantings of sufficient height, length and opacity to form a visual barrier. If the screen is composed of nonliving material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.
Shrub means a self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy and less than 15 feet in height.
Sod means an area of grass-covered surface soil held together by matted roots.
Tree means a self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem that normally grows to a mature height of 15 feet or more in the county.
Deciduous tree means a variety of tree that has foliage that is shed at the end of the growing season.
Evergreen tree means a variety of tree that has foliage that persists and remains green throughout the year.
Shade tree, for the purposes of these zoning regulations, means a deciduous tree that has a mature crown spread of 15 feet or greater under typical growing conditions for the county, and has a trunk with at least five feet of clear stem at maturity.
Vine means a plant with a flexible stem supported by climbing, twining or creeping along the surface, and that may require physical support to reach maturity.
Livestock means those species of animals used for human food, fiber, and fur, or used for service to humans. Livestock includes, but is not limited to, those animals and classes of animals listed in the chart at section 40-699(4). Livestock does not include dogs and cats.
Loading space means a space that is safely and conveniently located on the same lot as the building being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.
Lot or zoning lot, for the purposes of enforcing these zoning regulations, means a piece of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, access and open space as required herein. Single ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy or any similar entity. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of any one of the following:
(1) Single lot of record.
(2) Portion of a lot of record.
(3) Combination of lots of record or portion thereof.
(4) Condominium lot.
(5) Parcel or tract of land described by metes and bounds.
Lot area, gross, means the net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.
Lot area, net, means the total horizontal area within the lot lines of the lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake. The net lot area shall be used in determining compliance with minimum lot area standards.
Lot, contiguous, means lots adjoining or abutting each other. Lots separated by a right-of-way, road easement or natural or manmade barrier shall not be considered contiguous.
Lot, corner, means a lot abutting on and at the intersection of two or more streets. For the purposes of this definition, the street lot line shall be the line separating the lot from the street or road right-of-way.
Lot coverage means the part or percentage of the lot that is occupied by all buildings and/or structures. The percentage is determined by dividing the ground floor area of all buildings and structures on a lot by the net lot area.
Lot depth means the horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.
Lot, double frontage or through, means a lot other than a corner lot having frontage on two more or less parallel streets or a waterway and street. In the case of a row of double frontage lots, one street shall be designated as the front lot line for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one or more of the streets or waterway, the required minimum front yard setback shall be observed on the street or waterway where buildings presently front.
Lot, flag, means a lot that is located behind other parcels or lots fronting on a public road, but that has a narrow extension to provide access to the public road.
Lot, interior, means any lot other than a corner lot with only one lot line fronting on a street.
Lot lines means the lines defining the limits of a lot as follows:
Front lot line means, in the case of an interior lot, the line separating said lot from the public or private road right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from the right-of-way for the road that is designated as the front on the plat, or that is designated as the front on the site plan review application or request for a building permit, subject to approval by the planning commission or zoning administrator. On a flag lot, the front lot line shall be the interior lot line most parallel to and nearest the street from which access is obtained.
Rear lot line means, ordinarily, that lot line that is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet in length, lying farthest from the front lot line and wholly within the lot. In cases in which the rear lot line definition cannot be easily applied, the zoning administrator shall designate the rear lot line.
Side lot line means any lot line other than the front or rear lot lines. A side lot line separating a lot from a road right-of-way is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line. In cases in which the side lot line definition cannot be easily applied, the zoning administrator shall designate the side lot line.
Lot of record means a parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the county register of deeds, or accepted by the county department of equalization, or a lot or parcel described by metes and bounds, and the accuracy of which is attested to by a land surveyor (registered and licensed in the state) and likewise so recorded with the county register of deeds. A lot of record may also be identified by attachment to a sidwell or tax parcel identification number.
Lot, through. See Lot, double frontage.
Lot width means the straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see illustration). At no time shall the measured lot width at the street line be less than one-half of the required lot width.
LOT WIDTH AND SETBACKS
Main access drive means any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.
Main use. See Use, principal.
Major repair. See Automobile, major repair.
Major thoroughfare. See Road.
Marginal access road. See Secondary access drive.
Massage parlor or massage establishment means a place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic or bathing devices or techniques, other than the following: a duly licensed physician, osteopath or chiropractor; a registered or practical nurse operating under a physician’s directions; or registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician’s direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses and steam baths. Massage establishments, as defined herein, shall not include properly licensed hospitals, medical clinics or nursing homes, or beauty salons or barbershops in which therapeutic massages are administered by licensed and certified personnel.
Master plan. See Comprehensive development plan.
Mezzanine means an intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.
Miniwarehouse means a building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and that can be leased on an individual basis. Miniwarehouses are typically contained within a fenced, controlled-access compound.
Mobile home. See Dwelling, mobile home.
Mobile home lot means an area within a mobile home park that is designated for the exclusive use of a specific mobile home.
Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and that 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 incidental to the occupancy of a mobile home, subject to conditions set forth in the mobile home commission rules and Public Act No. 96 of 1987 (MCL 125.2301 et seq.).
Mortuary or funeral home means an establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.
Mosque. See Church.
Motel means a building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and that provides customary motel services such as mail service, linen service, telephone and/or desk service, and the use of furniture. Motels typically provide exterior entrances and on-site parking for each unit. A motel may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.
Motor vehicle. See Automobile.
Municipality means the Charter Township of Port Huron, St. Clair County, Michigan.
Natural features means and includes soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.
Nonconforming lot means a lot that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendments thereto, which lot does not meet the minimum area or lot dimensional requirements of the zoning district in which the lot is located.
Nonconforming sign means a sign that was lawfully in existence on the effective date of the ordinance from which this chapter is derived, or amendments thereto, which sign does not conform to one or more regulations set forth in this chapter.
Nonconforming structure means a structure or portion thereof that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendments thereto, which structure does not conform to the location, bulk and/or dimensional requirements of the zoning district in which the lot is located.
Nonconforming use means a use that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendment thereto, and which use does not conform to the use regulations of the zoning ordinance for the zoning district in which it is located.
Nonconformity, structural (dimensional), means a nonconformity that exists when the height, size or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the zoning district in which the property is located.
Nonresidential zoning district means a zoning district primarily established for land uses other than dwellings.
Nuisance means any offensive, annoying or disturbing practice or object that prevents the free use of one’s property, or that renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts that give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.
Nursery, day nursery or nursery school. See Child care center.
Nursery, plant material, means a space, building and/or structure, or combination thereof, where live trees, shrubs and other plants used for gardening and landscaping are propagated, stored and/or offered for sale on the premises.
Nursing home, convalescent home or rest home means a home for the care of the aged, infirm or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Acts 139 of 1956, as amended.
Occupancy, change of, means a discontinuance of an existing use or tenant and the substitution of a use of a different kind or class, or the expansion of a use.
Occupied means used in any manner.
Off-street parking lot. See Parking lot, off-street.
Office means a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
Open air business means any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open-air business shall include:
(1) Retail sales of garden supplies and equipment, including, but not limited to, trees, shrubbery, plants, flowers, seed, topsoil, trellises and lawn furniture.
(2) Roadside stands for the sale of agricultural products, including fruits, vegetables and Christmas trees.
(3) Various outdoor recreation uses, including, but not limited to, tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges and amusement parks.
(4) Outdoor display and sale of garages, swimming pools, playground equipment and similar uses.
Open space means that part of a zoning lot, including courts and/or yards, that is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.
Outdoor meeting, entertainment and/or athletic venue means any use not otherwise defined in this chapter that is intended to accommodate an outdoor gathering in excess of 100 individuals.
Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.
Outlot means a parcel of land that is designated as an outlot on the recorded plat, and that is usually not intended to be used for the same purposes as other lots in the plat.
Parcel means a continuous area, tract or acreage of land that has not been divided or subdivided according to the provisions of the Land Division Control Act (PA 288 of 1967, as amended) or the Condominium Act (PA 59 of 1978, as amended) and has frontage on a public street.
Parking lot, off-street, means an area within a lot or parcel that provides vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide safe and convenient access for entrance and exit and for parking of more than three vehicles.
Parking space means an area of definite length and width as designated in these zoning regulations for parking an automobile or other permitted vehicle, and that is fully accessible for such purposes.
Performance guarantee means a financial guarantee to ensure that specific improvements, facilities, construction or activities required or authorized by these zoning regulations will be completed in compliance with this chapter, regulations and/or approved plans and specifications of the development.
Person means an individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization or other legal entity acting as a unit.
Personal fitness center means a facility that provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, the term "personal fitness center" shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym and/or swimming pool.
Pervious surface means a surface that permits full or partial absorption of stormwater.
Pet means a domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit or other similar animal that is commonly available and customarily kept for pleasure or companionship.
Planned development means a planning or construction project involving the use of special zoning requirements and review procedures that are intended to provide design and regulatory flexibility, so as to encourage innovation in land use planning and design and thereby achieve a higher quality of development than might otherwise be possible.
Planner, township, means the person or firm designated by the township board and planning commission to advise the township board, township planning commission and township staff on planning, zoning, land use, housing and other related planning and development issues. The township planner may be a consultant or an employee of the township.
Pool or billiard hall means an establishment wherein the substantial or significant portion of all useable floor area is devoted to the use of pool or billiard tables.
Principal use. See Use, principal.
Privacy screen means an artificially constructed barrier of wood, wire, metal or any other material or combination of materials, commonly used in fence construction. A privacy screen is intended to screen a selected use or area in a private residential yard.
Private street or road. See Road.
Property line means the line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also Lot line.
Public lodginghouse means a commercial establishment or place in which five or more members of the public, whether travelers or not, are charged for and/or are provided sleeping quarters in the form of cots or beds in the same room.
Public safety official means the public safety official refers generally to the persons who perform police, firefighting and other public safety functions for the township.
Public utility means any persons, firm, corporation, municipal department or board, duly authorized to furnish to the public under government regulations any of the following: electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service or sewage treatment.
Recognizable and substantial benefit means a clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include long-term protection or preservation of natural resources and natural features, historical features or architectural features; or elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.
Recreational land means any public or privately owned lot or land that is utilized for recreation activities such as, but not limited to, sports fields, camping, swimming, picnicking, hiking and nature trails.
Recreational unit means any vehicle used for recreational, sport, or hobby activity normally transported to and from its general location of activity in or on a recreational vehicle or trailer, such as but not limited to a boat, ATV, snowmobile, motorcycle or other motorized vehicle, or large nonmotorized vehicle such as a manned glider or winged vehicle.
Recreational vehicle means a vehicular unit for recreational, sport, camping, hobby or travel use or a unit designed or in the process of being altered in such a manner to provide temporary living quarters. It may have motorized power or may be designed to be drawn by a motor vehicle. The term shall include but is not limited to a motor home, a travel trailer, folding or tent trailer including a camper designed for mounting on a pickup truck or a converted van or bus.
Recycling center means a facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.
Recycling collection station means a facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.
Residential scale SES shall mean a single solar energy conversion system consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics that will only be used to produce utility power for on-site use on one- or two-family residentially zoned and used parcels. (The installation of which shall not be considered an expansion of an existing nonconforming use.)
Residential zoning district means a zoning district primarily established for dwellings as a land use.
Restaurant means any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a fast food restaurant, a standard restaurant or bar/lounge, or combination thereof, as defined below. When characteristics of two or more restaurant types are contained within a single business establishment, the requirements for each type of restaurant must be satisfied proportionate to the amount of floor area used by each type of restaurant within the establishment. The following establishments are classes of restaurants under this chapter:
Bar/lounge/tavern means a type of restaurant that is operated primarily for the dispensing of alcoholic liquors, although the sale of prepared food or snacks may also be permitted. If a bar, lounge or tavern is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
Restaurant, fast food, means a fast food establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line or in the customer’s motor vehicle for consumption at the counter where it is served, or at tables, booths or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site. For the purpose of these regulations, carry-out, drive-in, drive-through and delivery restaurants are considered different types of fast food restaurants and defined as follows:
Restaurant, carry-out, means a fast food restaurant whose method of operation involves sale of food, beverages and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises. No customer eating area is provided on the premises of a carry-out restaurant.
Restaurant, delivery, means a fast food restaurant whose method of operation involves sales of food, beverages and/or frozen desserts in disposable or edible containers or wrappers in ready-to-consume state for consumption off the premises. No drive-in, drive-through, counter or other customer accessible service area is available on the delivery restaurant site. Food is delivered to customers after the customer telephonically transmits an order. Customers do not visit the delivery restaurant site to obtain food.
Restaurant, drive-in, means a fast food restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
Restaurant, drive-through, means a fast food restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises. No indoor customer eating area is provided in a drive-through restaurant.
Restaurant, standard, means a type of restaurant whose method of operation involves one of the following:
(1) The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building;
(2) The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building; or
(3) Carry-out orders may also be filled by a standard restaurant, provided that additional parking facilities are provided for the carry-out facilities consistent with the requirements for carry-out restaurants.
Retention basin means a pond, pool or basin used for the collection and storage of water runoff generally subject to absorption or percolation through the soil or by evaporation into the atmosphere.
Right-of-way means the strip of land over which an easement exists to allow facilities such as streets, roads, highways and power lines to be built.
Road means any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel, whether designated as a road, avenue, highway, boulevard, drive lane, place, court or any similar designation. Various types of roads are defined as follows:
Arterial road means a road that carries a high volume of traffic and serves as an avenue for circulation of traffic onto, out of, or around the township. An arterial road may also be a major thoroughfare.
Collector street means a road whose principal function is to carry traffic between minor and local roads and arterial roads but may also provide direct access to abutting properties.
Cul-de-sac means a road that terminates in a vehicular turnaround.
Local street means a road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.
Major thoroughfare means an arterial road that is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan. Any road with an existing or proposed right-of-way width of 120 feet, and any road proposed as a major thoroughfare in the county road commission’s thoroughfare plan is considered to be a major thoroughfare.
Minor road means a road whose sole function is to provide access to abutting properties.
Private road means any road that is to be privately maintained and has not been accepted for maintenance by the county, the state, the federal government or any other governmental unit, but that meets the requirements of these zoning regulations or has been approved as a private road by the township under any prior ordinance. A private road must be a minimum of 30 feet in width.
Public road means any road or portion of a road that has been dedicated to and accepted for maintenance by the county, the state, the federal government or any other governmental unit.
Room means, for the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room or bedroom equal to at least 80 square feet in area. A room shall not include the area in the kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one, two or three bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.
Roominghouse. See Boardinghouse.
Secondary access drive means any private road that is generally parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.
Secondhand store means any building, structure, premises or part thereof used solely or partially for the sale of used or secondhand clothing, furniture, books or household goods, or used solely or primarily for the sale of used or secondhand household appliances or business equipment.
Semitrailer means a trailer, that may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor, towing vehicle or dolly.
Service truck means a truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical or carpentry business.
Setback means the horizontal distance between a front, side or rear lot line and the nearest supporting member of a structure on the lot. The minimum required setback is the minimum distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of these zoning regulations. See definition of Yard.
Shopping center means a group of two or more retail businesses and service uses on a single site with common parking facilities.
Sign means a name, identification, description, display or illustration that is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot and that directs attention to an object, product, place, activity, person, institution, organization or business. Signs include, but are not limited to, figures, devices, pennants, emblems, pictures and all types listed below. Any of the above which is not placed out of doors, when placed near or inside the surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists and pedestrians, shall also be considered as a sign. Sign categories are as follows:
Abandoned sign means a sign that advertises a bona fide business, lessor, owner, product or activity no longer conducted or available upon the premises where such sign is displayed.
Accessory sign means a sign that is accessory to the main or principal use of the premises.
Animated sign means any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Banner means any sign printed or displayed upon cloth or other flexible material, with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zoning lot as the light source; also, any light with one or more beams that rotate or move.
Billboard means any sign, whether free standing or attached to another structure, that is not located on the premises of the business or organization for which advertising or information is displayed, whether it is illuminated or not.
Building marker means any sign indicating the name of a building and date and incidental information about its construction, and is cut into a masonry surface or made of bronze or other permanent material.
Bulletin board/announcement sign means a sign related to a public school, parochial school, private school, public park or recreation facility, church or other religious institution, that identifies activities or events to take place involving the patrons of such specific use.
Canopy sign means any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
Changeable copy sign means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this chapter.
Exempt sign means certain signs that by nature of purpose, type and application are exempt from the permit requirement of this chapter.
Flashing sign means an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
Freestanding sign/ground sign means a sign that is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
Identification sign means a sign stating the name or description of the use of the premises on which the sign is located.
Illuminated sign means any sign that has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the zoning lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives.
Marquee means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign means any sign attached to, in any manner, or made a part of a marquee.
Monument sign means a sign attached to a permanent foundation and not attached or dependent for support from any building, pole, posts or similar uprights.
Nonaccessory sign means a sign that is not accessory to the main or principal use of the premises.
Nonconforming sign means any sign that does not conform to the requirements of this chapter.
Pennant means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended form a rope, wire or string, usually in series, designed to move in the wind.
Permitted sign means signs that may be erected or displayed in the township upon meeting the requirements of this chapter.
Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-on-way, unless said vehicle is used in the normal day-to-day operations of the business.
Prohibited sign means signs that under no circumstance may be erected or displayed in the township.
Projecting sign means a sign other than a wall sign suspended from or supported by a building or structure and projecting therefrom, including marquee signs.
Real estate sign means a sign placed upon a property advertising that particular property for sale, rent or lease.
Residential development identification sign means a permanent sign identifying the name of a subdivision condominium complex, or other residential development.
Residential sign means any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
Roof sign means any sign erected and constructed wholly on and over the roof of a building supported by the roof structure.
Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Swinging sign means signs that are designed or constructed to move or pivot as a result of wind pressure for the purpose of attracting attention.
Temporary residential development sign means a temporary sign placed on the premises of a subdivision, or other real estate development site, or identify a proposed start of development, the participants of such development (such as owner, contractor, architect, leasing agent, etc.), and relative date of availability.
Temporary sign means any sign that is used only temporary and is not permanently mounted.
Wall sign means a sign erected or fastened against the wall of a building with the exposed face of the sign in a plane approximately parallel to the plane of such wall and not extending more than 14 inches beyond the surface of the portion of the building wall on which erected or fastened.
Sign permit means the permit that must be obtained from the township building official prior to the construction, erection or display of a sign or other outdoor advertising in the township.
Sign surface area means the area of the sign face that encompasses the extreme limits of the writing, emblem or display including any background but not including any supporting framework, bracing fence or wall.
Site plan means a plan, prepared to scale, as required in these zoning regulations, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
Sketch plan means a plan that is prepared according to requirements stated in these zoning regulations, containing required information required for a sketch plan. A sketch plan is less detailed than a formal site plan. A sketch plan is generally used for discussion or conceptual purposes in advance of a formal site plan submission. A sketch plan does not substitute for a formal site plan.
Solar energy system (SES) is a system of ground, roof or other assemblies which convert solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure’s energy requirements, or sometimes in excess of the energy requirements of the property, if it is to be sold back to an investor-owned utility in accordance with the law.
Special event means an occurrence or noteworthy happening of seasonal, civic or religious importance, that is organized and sponsored by a nonprofit township community group, congregation, organization, club or society, and that offers a distinctive service to the community, such as public entertainment, community education, civic celebration or cultural or community enrichment. Special events typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
Special exception. See Exception.
Special land use means uses, either public or private, that possess unique characteristics and therefore cannot be properly classified as a use permitted by right in a particular zoning district or districts. Special land uses include regulated land uses. After due consideration of the impact of each such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land uses may be permitted following review and approval, subject to the terms of these zoning regulations.
Specially designated distributor’s (SDD) establishment means a retail establishment of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the state liquor control commission to distribute alcoholic liquor, or other than beer and wine under 20 percent by volume, in the original package for consumption off the premises.
Specially designated merchant’s (SDM) establishment means a retail establishment of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the state liquor control commission to sell beer and wine for consumption off the premises.
Specified anatomical areas means portions of the human body defined as follows:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below the point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified sexual activities means the explicit display of one or more of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse or sodomy.
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
State licensed residential facility means any structure constructed for residential purposes that is licensed by the state pursuant to Public Act No. 116 of 1973 (MCL 722.111 et seq.), or Public Act No. 218 of 1979 (MCL 400.701 et seq.). These acts provide for the following types of residential structures:
Adult foster care facility means a residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Public Act No. 218 of 1979 (MCL 400.701 et seq.), and the adult foster care administrative rules as administered by the state department of human services. The following four types of adult foster care homes are provided for by these rules:
Adult foster care–large group home. Residence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.
Adult foster care–small group home. Residence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the home.
Congregate facility. Residence for more than 20 adults.
Family home. Private residence for six or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.
Foster family group home means a private residence that houses more than four but fewer than seven minor children, up to age 19, under constant care and supervision. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), as licensed by the state department of human services.
Foster family home means a private residence that houses four or fewer foster children, up to age 19, under constant child care and supervision. Under Public Act No. 116 of 1973 (MCL 722.111 et seq.), a foster family home does not require local zoning approval before being licensed by the state department of human services.
Story means that portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it (see illustrations).
(1) A mezzanine shall be deemed a full story when it covers more than one-third of the area of the story underneath, or if the vertical distance from the floor next below the mezzanine to the floor above it is 24 feet or more.
(2) A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.
(3) In an earth sheltered home, any separate level below ground shall be considered a full story.
Story, half, means the uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 200 square feet with a minimum clear height of seven feet, six inches.
BASEMENT AND STORY
BASIC STRUCTURAL TERMS
Street. See Road.
Street lot line means a dividing line between the street and a lot, also known as the right-of-way line.
Structural addition means any alteration that changes the location of an exterior wall of a building or modifies the area of a building.
Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground and extending at least nine inches above the ground surface. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennas, swimming pools and signs.
Subdivision plat means the division of a tract of land for the purpose of sale or building development, in accordance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and the township land division regulations.
Substance abuse treatment facility means any establishment used for the dispensing, on an inpatient or outpatient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a substance abuse treatment facility.
Swimming pool means any permanent, nonportable structure or container, located either partially or totally below grade, designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.
Synagogue. See Church.
Tattoo parlor means any business having as its principal activity the application or placing, by any method permanent or semipermanent, designs, letters, scrolls, figures, symbols or any other marks upon or under the human skin within or any substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.
Temporary use or building means a use or building permitted to exist for a limited period of time under conditions and procedures as provided for in these zoning regulations.
Theater means an enclosed building used for presenting performances or motion pictures that are observed by paying patrons from seats situated within the building.
Thoroughfare, major. See Road.
Toxic or hazardous waste means waste or a combination of waste and other discarded material, including, but not limited to, solid, liquid, semisolid or contained gaseous material that because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of or otherwise managed:
(1) An increase in mortality;
(2) An increase in serious irreversible illness;
(3) Seriously incapacitating, but reversible, illness; or
(4) Substantial present or potential hazard to human health or the environment.
Trailer means a vehicle without motorized power, designed to be drawn by a motor vehicle, to be used for carrying property including, but not limited to, a boat, motorcycle, ATV, snowmobile or other similar recreational units or equipment for camping, travel, utility, sport, hobby or other similar use.
Trailer court. See Campground.
Transition zone means a zoning district, an arrangement of lots or land uses, a landscaped area or similar means of providing a buffer between land uses or districts.
Truck. See Automobile.
Truck terminal means a structure to which goods, except raw or unprocessed agricultural products, natural minerals or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation or division involving transfer to other modes of transportation.
Underlying zoning means the zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel planned development.
Usable floor area. See Floor area, usable.
Use means the purpose for which land, lots or buildings thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.
Use, accessory. See Accessory use, building or structure.
Use, conditional. See Conditional use.
Use, nonconforming. See Nonconformity.
Use, permitted, means a use that may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations and standards of such district.
Use, principal, means the main use of land and buildings and the main purpose for which land and buildings exist.
Use, special land. See Special land use.
Utility scale SES shall mean a solar energy conversion system consisting of both traditional and/or ground-mounted solar arrays, in rows, and the associated control or conversion electronics that will be used to produce utility power for off-site customers, which will require site plan approval by the planning commission (PC) based on compliance with the enclosed standards listed.
Utility trailer means a small trailer that is not self-propelled and is designed to be pulled by an automobile, van or pickup truck.
Variance means a modification of the literal provisions of this chapter granted by the zoning board of appeals when strict enforcement of this chapter would cause practical difficulties or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted. A variance to permit a use not otherwise permitted within a zoning district (i.e., a use variance) shall not be permitted.
Vehicle. See Automobile.
Veterinary hospital. See Clinic, veterinary.
Wall means an upright structure serving to enclose, divide or protect an area, typically constructed of wood, masonry or stone materials.
Wall, obscuring, means a structure of definite height and location to serve as an opaque screen in carrying out the requirements of these zoning regulations.
Warehouse means a building used primarily for storage of goods and materials. See also Distribution center.
Wholesale sales means the sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.
Wireless telecommunication facility means all facilities, structural, attached, accessory or otherwise, related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals and may include, but is not limited to, radio and television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham and amateur radio facilities; television reception antennas; satellite dishes; and governmental facilities that are subject to state and federal laws or regulations that preempt municipal regulatory authority.
Wireless telecommunication facility collocation means the location by two or more wireless telecommunications providers, public authorities or other duly authorized parties of wireless telecommunications facilities on a common structure, tower or building, in a manner that reduces the overall need for additional or multiple freestanding single use telecommunications facilities and/or support structures within the township.
Wireless telecommunication support structure, tower, means any wireless telecommunication facility erected or modified to support attached wireless telecommunication facilities, or other antennas or facilities, including supporting lines, cables, wires, braces and masts intended primarily for the purpose of mounting an attached wireless telecommunication facility or similar apparatus above grade. This includes, but is not limited to, any ground- or roof-mounted pole, monopole, lattice tower, light pole, utility pole, wood pole, guyed wire tower, spire, other similar structure or combination thereof, or other structures that appear to be something other than a mere support structure.
Yard means an open space area on the same zoning lot with a building, unoccupied and unobstructed from the ground (grade) upward, except as otherwise permitted in these zoning regulations. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of these zoning regulations (see illustrations).
Yard, front, means an open space area extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point on the exterior face of the principal building. Unless otherwise specified, each yard with street frontage shall be considered a front yard.
Yard, rear, means an open space area extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest point on the exterior face on the principal building. On corner lots, the rear yard may be opposite either street frontage, but each lot shall have only one rear yard.
Yard, side, means an open space area between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point of the exterior face of the principal building.
YARD TERMS
Zone. See District, zoning.
Zoning board of appeals means the township zoning board of appeals, created pursuant to the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).
Zoning official or zoning administrator means the township official authorized to administer the zoning regulations on a day-to-day basis, including, but not limited to, processing applications, granting ministerial approvals, maintaining the records of planning commission actions, sending notices of public hearings and similar work.
(Ord. No. 147-43, § 1.003, 12-15-2003; Ord. No. 238, 11-7-2016; Ord. No. 240, 6-19-2017; Ord. No. 245, 6-17-2019)
40-4 Severability.
This chapter and the various parts, sentences, paragraphs, sections and clauses it contains are hereby declared to be severable. Should any court of competent jurisdiction for any reason adjudge any part, sentence, paragraph, section or clause unconstitutional or invalid, such judgment shall not affect the validity of this chapter as a whole nor any part thereof, other than the part so declared to be unconstitutional or invalid. Furthermore, should the application of any provision of this chapter to a particular property, building or structure be adjudged invalid by any court, such judgment shall not affect the application of said provision to any other property, building or structure in the township, unless otherwise stated in the judgment.
(Ord. No. 147-43, § 19.001, 12-15-2003)