ARTICLE III: DEFINITIONS
Section 3.01 Construction
of Language
For the purpose of this Ordinance, certain rules of
construction apply to the text as follows:
A. Words
used in the present tense include the future tense; and the singular includes
the plural, unless the context clearly indicates the contrary.
B. The
word "person" includes a corporation, association, partnership,
trust, firm, or similar activity as well as an individual.
C. The
word "building" includes the word "structure" and each term
applies to any part thereof.
D. The
word "lot" includes the word "plot", "tract", or
"parcel".
E. The
term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
F. The
word "used" or "occupied" as applied to any land or building
shall be construed to include the words intended, arranged, maintained for or
designed to be used or occupied.
G. The
words "this Ordinance" means the text of this Ordinance as well as
all maps, tables, graphics, schedules as included or attached as enacted or
subsequently amended.
H. 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," "either...or," the conjunction shall
be interpreted as follows:
1. "And"
indicates that all the connected items, conditions, provisions, or events shall
apply.
2. "Or"
indicates the connected items, conditions, provisions or events may apply
singly or in any combination.
3. "Either...or"
indicates that the connected items, conditions, provisions, or events shall
apply singly, but not in combination.
I. Any
word or term not interpreted or defined by this Ordinance shall be used with a
meaning of common or standard utilization. A dictionary may be consulted.
J. In
computing a period of days, the first day is excluded and the last day is
included. If the last day of any period is a Saturday, Sunday, or legal
holiday, the period is extended to include the next day which is not a
Saturday, Sunday, or legal holiday.
Section 3.02 Definitions
Abutting
(lot or parcel): A lot or parcel
which shares a common property line with the subject lot or parcel.
Accessory
Structure: A building or structure
customarily incidental and subordinate to the principal building and located on
the same lot as the principal building.
Accessory
Use: A use customarily incidental
and subordinate to the principal use of the land or building and located on the
same lot as the principal use.
Adult Entertainment Uses (Amended 10/2000): Any
use of land, whether vacant or combined with structures or vehicles thereon by
which said property is devoted to displaying or exhibiting material for
entertainment, a significant portion of which includes matter or actions
depicting, describing or presenting “Specified Sexual Activities” or “Specified
Anatomical Areas”. Adult entertainment
uses shall include, but not be limited to, the following:
A. An adult
motion picture theater is an
enclosed building with a capacity of fifty (50) or more persons used for
presenting material which has a significant portion of any motion picture or
other display depicting or relating to “Specified Sexual Activities” or
“Specified Anatomical Areas” for observation by patrons therein.
B. An adult
mini-motion picture theater is an
enclosed building with a capacity for less than fifty (50) persons used for
presenting material which has as a significant portion or any motion picture or
other display depicting, describing or presenting “Specified Sexual Activities”
or “Specified Anatomical Areas”.
C. An adult
motion picture arcade is any place
to which the public is permitted or invited wherein coin or slug operated or
electronically or mechanically controlled still or motion picture machines,
projectors, or other image producing devices are maintained to show images to
five (5) or fewer persons per machine at any one time, and where significant
portion of images so displayed, depicted, described or related to “Specified
Sexual Activities” or “Specified Anatomical Areas”.
D.
An adult book store is a use which has a
display containing books, magazines, periodicals, slides, pictures, cassettes,
or other printed or recorded material which has a significant portion of its
content or exhibit matter or actions depicting, describing or relating to
“Specified Sexual Activities” or “Specified Anatomical Areas” or an
establishment with a (substantial) segment or section devoted to the sale or
display of such material.
E.
An adult cabaret is a nightclub, theater, or other establishment which
features live performances by topless and/or bottomless dancers, “go-go”
dancers, exotic dancers, strippers, or similar entertainers, where a
significant portion of such performances show, depict or describe “Specified
Sexual Activities” or “Specified Anatomical Areas”.
F.
An adult motel is a motel wherein matter,
actions or other displays are presented which contain a significant portion
depicting, describing, or relating to “Specified Sexual Activities” or
Specified Anatomical Areas”.
G.
An adult massage parlor is any place where for any
form of consideration or gratuity, massage, alcohol rub, administration of
fomentations, electronic or magnetic treatment or any other treatment or
manipulation of the human body occurs as part of or in connection with “Specified
Sexual Activities” or where any person providing such treatment, manipulation
or service related thereto exposes “Specified Anatomical Areas”.
H.
An adult model studio is any place where, for any
form of consideration or gratuity, figure models who display “Specified
Anatomical Areas” are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons paying such
considerations or gratuities, except that this provision shall not apply to any
bona fide art school or similar education institution.
I.
An adult sexual encounter
center is
any business, agency, or person who, for any form of consideration or gratuity,
provides a place where three or more persons, not all members of the same
family may congregate, assemble or associate for the purpose of engaging in
“Specified Sexual Activities” or exposing “Specified Anatomical Areas”.
1.
Significant Portion – As used in the above
definitions, the phrase “significant portion” shall mean and include:
a.
Any one or more portions of the display having continuous duration in
excess of five (5) minutes; and/or,
b.
The aggregate or portions of the display having duration equal to ten
(10) percent or more of the display.
c.
The aggregate of portions of the collection of any materials or exhibits
composing the display equal to ten (10) percent or more of the display.
2.
Display – As
used in the above definitions, the word display shall mean any single motion or
still picture, presentation, dance, or exhibition, live act, or collection of
visual materials such as books, films, slides, periodicals, pictures, video
cassettes or any other printed or recorded matter which is open to view or
available to the general population whether for free or otherwise.
3.
“Specified Sexual Activities”
a.
Human genitals
in a state of sexual stimulation or arousal;
b.
Acts of human
masturbation, sexual intercourse or sodomy;
c.
Fondling or
other erotic touching of human genitals, pubic region, buttock or female
breast.
4. “Specified
Anatomical Areas”
a.
Less than
completely and opaquely covered: 1) human genitals, pubic region; 2) buttock;
and 3) female breast below a point immediately above the top of the areola;
and,
b.
Human male
genitals in a discernible turgid state, even if completely and opaquely covered.
5. Regulated Uses – Those uses and activities, which require licenses, approval or permits by Township regulations.
Adult
Foster Care Large Group Home: A
facility with the approved capacity to receive 13, but no more than 20, adults
who are provided supervision, personal care, and protection in addition to room
and board for 24 hours a day, five or more days a week, and for two or more
consecutive weeks for compensation.
Adult
Foster Care Small Group Home: A
facility with the approved capacity to receive 12 or fewer adults who are
provided supervision, personal care, and protection in addition to room and
board for 24 hours a day, five or more days a week, and for two or more
consecutive weeks for compensation.
Agricultural
Operation: Any land, buildings, and
machinery used in the commercial production of farm products as defined in the
Michigan Right to Farm Act, PA 93 of 1981, MCL 286.471 et seq.; including but
not limited to pasturage, floriculture, dairying, horticulture, forestry, and
livestock or poultry husbandry, but not including livestock operations with
more livestock than allowed by this Ordinance. (See Section 6.02)
Alley: A public or legally established right-of-way, other
than a street, affording a secondary means of vehicular access to abutting
property and not intended for general traffic circulation.
Alteration: Any change, addition or modification in construction
or type of occupancy; any change in the structural members of a building, such
as walls or partitions, columns, beams or girders; any change in the dimensions
or configuration of the roof, exterior walls or foundation, or any change which
may be referred to herein as altered or reconstructed.
Animal
Unit: A unit of measure used to
compare differences in the production of animal waste produced on a regular
basis by a slaughter steer or heifer, with the following equivalencies
applicable to other livestock:
1. Slaughter
steer or heifer (all cattle): 1 animal unit
2. Horses:
2 animal units
3. Mature
dairy cow: 1.4 animal units
4. Swine:
0.4 animal units
5. Sheep
and goats: 0.10 animal units
6. All
fowl: 0.05 animal units
(See also Sections 6.02 and 8.01.B.2.)
Apartment
Unit: One or more rooms, including
private bath and kitchen facilities, comprising an independent, self-contained
dwelling unit in a building containing three or more dwelling units.
Apartment
House: See Dwelling,
Multiple-family.
Asphalt
Batch Plant: A temporary facility
for the production and manufacture of asphalt paving material.
Automobile
Service Station: Any building, land
area, other premises, or portion thereof, used for the retail sales of
gasoline, oil, grease, batteries, tires and other operational fluids and
accessories for automobiles, and the installation of such items, and for other
minor automobile repair not to include auto refinishing, body work or painting,
dismantling of vehicles for the purpose of reuse or resale of parts, or storage
of automobiles other than those in for immediate repair.
Automobile
Repair Garage: Any building,
premises, and land in which or upon which a business, service, or industry
involving the maintenance, servicing, repair, or painting of vehicles is
conducted.
Basement: That portion of a building which is partly or wholly
below finished grade, but so located that the vertical distance from the
average grade to the floor is greater than the vertical distance from the
average grade to the ceiling. A basement, as defined herein, shall not be
counted as a story. (See Figure 3-1) A
cellar is a basement.
Bed and
Breakfast: A dwelling unit in which
overnight accommodations and a morning meal are provided to transients for
compensation.
Bedroom: A private room planned and intended for sleeping,
separated from other rooms by a door, and accessible to a bathroom without
crossing another bedroom.
Berm: A mound of earth graded, shaped and improved with
landscaping in such a fashion as to provide a visual and/or audible screen and
a transition between uses of differing intensity.
Billboard: A sign structure advertising a service, commodity or
establishment, which is not sold, produced, manufactured, or furnished at the
property on which said sign is located, also known as "off-premise
sign" or "outdoor advertising structure." Such sign is subject
to the requirements of the Highway Advertising Act, PA 106 of 1972, MCL 252.301
et seq., as well as to the provisions of this Ordinance.
Buffer
Zone: A strip of land reserved for
plant material, berms, walls, or fencing to serve as a visual and/or sound
barrier between properties, often between abutting properties and properties in
different zoning districts. Landscaping, berms, fencing or open space can also
be used to buffer noise, light and related impacts from abutting properties
even if not in a separately established buffer zone and may be so required by
this Ordinance.
Buildable
Area: The area of any lot or parcel
of land that is actually buildable which for the purpose of developing land or
computing densities, shall not include existing or proposed rights-of-way for
public of private roads, major utility of pipeline easements, floodplains,
wetlands (regulated and non-regulated), lakes, ponds, streams, or any other
body of water, except as otherwise provided for in this Ordinance.
Building
Envelope: The three dimensional
space within which a structure is permitted to be built and that is defined by
the dimensional requirements of this Ordinance.
Building: Any structure, either temporary or permanent, having
a roof supported by columns, walls, or any other supports, which is used for
the purpose of housing, sheltering, storing, or enclosing persons, animals, or
personal property, or carrying on business activities. This definition includes, but is not limited
to: mobile homes, tents, sheds, garages,
greenhouses, and other principal or accessory structures.
Building
Inspector: An individual hired by
Building
Line: A line parallel to the street
line touching that part of a building closest to the street.
Carport: A partially open structure, intended to shelter one
or more vehicles.
Cellar: See Basement.
Cemetery: Property, including mausoleums and/or columbariums,
used or intended to be used solely for the perpetual interment of deceased
human beings or customary household pets.
Certificate
of Occupancy: A document issued by
the Building Inspector allowing the occupancy or use of a building and
certifying that such use, building or structure complies with the provisions of
the County Building Code.
Certificate
of Zoning Compliance: A permit
issued by the Zoning Administrator permitting the use of land, buildings and/or
structures and certifying that such all improvements to the land were
constructed in compliance with the provision of this Ordinance.
Change of
Use: Any use of a building,
structure or parcel of land, or portion thereof that is different
from the previous use in the way it is classified in
this Ordinance or in the State Building Code, as amended.
1.
A Sunday school,
a vacation bible school, or a religious instructional class that is conducted
by a religious organization where children are in attendance for not greater
than three hours per day for an indefinite period, or not greater than eight
hours per day for a period not to exceed four weeks during a calendar year.
2.
A facility
operated by a religious organization where children are cared for not greater
than three hours while persons responsible for the children are attending
religious services.
3.
Summer day camp.
Church: A building primarily designed and constructed for
organized religious services, maintained and controlled by a religious body
organized to sustain public worship, together with all accessory structures and
uses customarily associated with such primary purpose.
Clinic: An establishment where human or animal patients are
admitted for examinations and treatment by a physician, dentist, veterinarian,
or similar professional.
Club: An organization of persons for special purposes or
for the promulgation of sports, arts, science, literature, politics,
agriculture or similar activities, but not operated for profit and open only to
members, not the general public.
Cluster
Development: A form of development that permits a reduction in lot
area and width requirements, provide there is no increase in the number of lots
or dwelling units permitted under a conventional subdivision, site condominium
development or a Planned Unit Development project in the underlying zoning district, with the remaining land area being
devoted to open space, active recreation, preservation of environmentally
sensitive areas or agriculture. (Amended 9/2000)
Common Open
Space: Land within or related to a
development, not individually owned or publicly dedicated, that is designed and
intended for the common use or enjoyment of the residents and their guests,
including such improvements as necessary.
Communication
Tower: A radio, telephone or
television relay structure of monopole design, attached directly to the ground
or to another structure, used for the transmission or reception of radio,
television, microwave, or any other form of telecommunications signals.
Community
Wastewater Utility System: A facility which is owned by a non-governmental
entity and is designed, constructed, operated, and maintained to transport,
collect, process, and treat residential sanitary sewage from more than one (1)
dwelling unit. The system shall include
any individual septic tanks, pumps, lines, and appurtenances serving each
dwelling unit in addition to facilities, sewers, and appurtenances that serve
more than one (1) dwelling unit.
Comprehensive
Plan: The statement of policy by the
Township Planning Commission relative to the agreed upon and officially adopted
guidelines for a desirable physical pattern for future community development.
The plan consists of a series of maps, charts and written material representing
in summary form the soundest concept for community growth to occur in an
orderly, attractive, economical and efficient manner thereby creating the very
best community living conditions.
Condominium
Project: A plan or project
consisting of not less than two condominium units established and approved in
conformance with the provisions of the Condominium Act, PA 59 of 1978, MCL
559.101 et seq.
Condominium
Subdivision: A division of land on
the basis of condominium ownership, which is not subject to the provisions of
the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended, MCL
506.101 et seq.
Condominium
Plan: The drawings and information
attached to the master deed including, but not limited to, a survey plan,
floodplain plan, site plan, utility plan, floor plans, description of the size,
location, area, and horizontal boundaries of each unit, number assigned to each
unit, vertical boundaries and volume of each unit, building sections, and
description of the nature, location, and size of common elements. For the
purpose of this Ordinance, a condominium plan shall be equivalent to the term
“condominium subdivision plan” as defined by MCL 559.104.
Condominium
Unit: That portion of a condominium
project which is designed and intended for separate ownership and use, as
described in the master deed, regardless of whether it is intended for
residential, office, industrial, business, recreational, use as a time-share
unit, or any other type of use. In condominium projects where a condominium
unit(s) will consist of a building envelope, the term "condominium
unit" shall be equivalent to the term "lot", for purposes of
determining compliance with the provisions of this Ordinance pertaining to
minimum lot size, minimum lot width, maximum lot coverage, and the like.
Contractor
Storage Yard: An area used for the storage of equipment
and/or non-hazardous materials used for providing construction-related
contracting services by a single entity.
No retail or wholesale sales shall be permitted.
Corral: A fenced
enclosure for confining livestock.
Crematory: A building
or portion of a building devoted to cremation services for deceased human
bodies.
Day Care,
Family Home: A private home in which
one but less than seven minor children are received for care and supervision
for periods of less than 24 hours a day, unattended by a parent or legal guardian,
except children related to an adult member of the family by blood, marriage, or
adoption. Family day care home includes a home that gives care to an unrelated
minor child for more than four weeks during a calendar year.
Day Care,
Group Home: A private home in which
more than six but not more than twelve 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. Group day care home includes a home that gives
care to an unrelated minor child for more than four weeks during a calendar
year.
Density: The number of dwelling units situated on or to be
developed on a parcel of land that shall be calculated on the buildable area or
net acreage of the parcel. (See definition for Buildable Area.)
Development:
The construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure;
any mining, excavation, landfill, or land disturbance; and any use or extension
of the use of land.
District: An area of land for which there are uniform
regulations governing the use of buildings and premises, density of
development, yard requirements, and height regulations. Also known as a zone or
zoning district.
Drive-in
Establishment: An establishment
which by design, physical facilities, service, or by packaging procedures
encourages or permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles.
Driveway: A means of access for vehicles from a street or
approved alley across a lot or parcel to a parking or loading area, garage,
dwelling or other structure or area on the same lot, that is located and
constructed in accordance with the requirements of this Ordinance and any
requirements of the Livingston County Road Commission or State of Michigan.
Dwelling: Any building, or portion thereof, which is designed
or used exclusively for residential purposes. In no case shall a motor home,
trailer coach, automobile chassis, tent or portable building be considered a
dwelling.
Dwelling,
Multiple-Family: A building
containing three or more dwelling units.
Dwelling,
Single-Family: A building containing
one dwelling unit and that is not attached to any other dwelling.
Dwelling,
Two-Family (Duplex): A building on a
single lot containing two dwelling units, each of which is totally separate
from the other except for common exterior steps.
Dwelling
Unit: One or more rooms intended for
occupancy as a separate living unit, with bathroom, kitchen facilities, and
bedrooms provided in the unit for the exclusive use of a single-family.
Easement: A grant of one or more property rights from a
property owner to another person or public.
Easement, Utility: The recorded legal rights of a utility provider to enter, pass over, or use property not owned by them for the purpose of building, maintaining, or providing the utility.