Port Sheldon

ARTICLE II

DEFINITIONS

SECTION 2.01 RULES APPLYING TO TEXT. The following listed rules of construction apply to the text of this Ordinance:

(a) The particular shall control the general.

(b) With the exception of this Article, the headings which title an Article, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this Ordinance or as enlarging or restricting the terms and provisions of this Ordinance in any respect.

(d) Unless the context clearly indicates to the contrary, (1) words used in the present tense shall include the future tense; (2) words used in the singular number shall include the plural number; and (3) words used in the plural number shall include the singular number.

(e) A "building" or "structure" includes any part thereof.

(f) The word "person" includes a firm, association, partnership, joint venture, corporation, trust or equivalent entity or a combination of any of them, as well as a natural person.

(g) The words "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended", "arranged", "designed to be used", "occupied", and the like.

(h) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "occupied for", and the like.

(i) Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.

SECTION 2.02 DEFINITIONS. The following listed terms and words are defined for the purpose of their use in this Ordinance; these definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated.

ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or devoted primarily to an accessory use.

ACCESSORY USE. A use naturally and normally incidental, ancillary and subordinate to the main use of the premises.

ACREAGE, GROSS. The total area within the legal boundaries of a particular parcel of land or project. Future streets are not included within the gross acreage; however, existing streets are.

ACREAGE, NET. The total area within the legal boundaries of a particular parcel of land or project, excluding all streets - existing or future.

ALLEY. A strip of land over which there is a right-of-way, public or private, on which no dwelling or other land uses front, serving as a rear entrance or secondary access to one or more properties.

ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.

APPLICATION FOR DEVELOPMENT. Means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or permit to build.

BASEMENT. That portion of a building between the floor and the ceiling which is partly below and partly above grade but so located that the average vertical distance from the grade to the floor below is more than the vertical distance from the grade to the ceiling.

BED AND BREAKFAST ESTABLISHMENTS. A private residence that offers sleeping accommodations to transient tenants in 14 or fewer rooms for rent, is the innkeeper's residence in which the innkeeper resides while renting the rooms to transient tenants, serves breakfasts at no extra cost to its transient tenants, and has smoke detectors in proper working order in every sleeping room and a fire extinguisher in proper working order on every floor (as amended May 22, 1991).

BILLBOARDS AND SIGNS. See definitions contained in Article XV. (as amended January 9, 2003)

BUILDING. Anything which is constructed or erected, including a mobile home, having a roof supported by columns, walls, or other supports, which is used for the purpose of housing or storing of persons, animals, or personal property or carrying on business activities or other similar uses.

BUILDING CODE, TOWNSHIP. The adopted Building Code of Port Sheldon Township.

BUILDING HEIGHT. -The vertical distance measured from the established grade at the principal entrance to the average height of the highest roof surface. Average height shall be determined using the lowest point of the eave to the highest point of the roof. Where a building is located on a terrace, the height may be measured from the average ground level of the terrace at the building wall. (Amended December 11, 1997)

BUILDING OFFICIAL. The person designated by the Township Board to administer and enforce the Building Code.

BUILDING SETBACK. The measurement from the property line to the nearest point of the main wall of the building or structure, subject to certain yard encroachments.

CHILD CARE CENTER. A facility, other than a private residence, receiving one (1) or more children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. Child care center includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. Child care center does not include 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 (3) hours per day for an indifinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks, during a twelve (12) month period, or a facility operated by a religious organization where children are cared for not greater than three (3) hours, while persons responsible for the children are attending religious services (as amended July 8, 1996).

CONGREGATE HOUSING. A dwelling unit providing shelter and services for the elderly that may include meals, housekeeping, and personal care assistance. Such a facility offers residents a semi-independent lifestyle, but does not provide the intensive personal care such as dispensing of medication and round the clock nursing care of a nursing home (as amended July 8, 1996).

DENSITY. The maximum number of dwelling units which may be placed upon a parcel of land, usually expressed as dwelling units per acre.

DEVELOPER. Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DRIVE-IN FACILITY. Any place or premise which offers the sale of goods or services to customers while in their vehicles.

DWELLING. Any building or portion thereof which is occupied, in whole or in part, as a home, residence, or sleeping place, either permanently or temporarily, by one or more families, but not including motels, hotels, tourist rooms or cabins.

(a) Dwelling, Single Family: A building designed for use and occupancy by one (1) family only, but not including mobile homes.

(b) Dwelling, Two Family: A building designed for use and occupancy by two (2) families only.

(c) Dwelling, Mobile (Mobile Home): A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed without a permanent foundation for year-round living as a single family dwelling. A mobile home may contain parts that may be combined, folded, collapsed, or telescoped when being towed, and expanded later to provide additional cubic capacity.

(1) Single Wide: A mobile home with an average longitudinal width of no greater than fourteen (14) feet.

(2) Double Wide: A combination of two (2) mobile home elements designed and constructed to be connected along the longitudinal axis, thus providing more living space than a conventional single wide unit without duplicating any of the service facilities, such as kitchen equipment or furnace. Single wide mobile homes with extenders or add-a-rooms shall not be considered as double wide mobile homes.

(d) Dwelling, Multi-Family: A building designed for use and occupancy by three (3) or more families.

DWELLING, FARM. The principal residence or dwelling occupied by the owner or operator of the farm on which it is located.

DWELLING, MIGRATORY WORKER. A dwelling intended for the seasonal occupation of migratory farm workers and their families.

DWELLING UNIT. One (1) room or suite of two (2) or more rooms designed for use or occupancy by one (1) family for living and sleeping purposes with housekeeping facilities. Tents, travel trailers, motor homes, and the like are not considered dwelling units for the purpose of this Ordinance.

ELECTRIC POWER GENERATING PLANT. The large-scale, commercial generation of electric power as regulated by the public utility commission. The related uses shall include the fuel stock and handling facilities; boilers, generating and regulating facilities; and the waste disposal facilities. The primary and secondary distribution system is defined as an essential public service.

ERECTED. Constructed, built, remodeled, moved upon, or any part of preparing the land for the construction of a building or structure.

ESSENTIAL PUBLIC SERVICES. Essential public services shall mean the erection, construction, alteration or maintenance by public utilities, municipal departments or commissions, or any governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electric substations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of utility service by such public utilities, municipal departments, commission or any governmental agencies, or for the public health, safety and welfare. Electric power generating plants, buildings, and structures are specifically excluded from the definition of essential public services. Primary and secondary electrical distribution systems are hereby defined as essential public services.

EXISTING. In the case of a lot or parcel, existing shall mean having been registered with the Ottawa County Register of Deeds. In the case of a building or structure, existing shall mean having completed the foundation.

FAMILY. One (1) or more persons occupying a single dwelling unit and using common cooking facilities; provided, however, no family shall contain more than three (3) persons, unrelated by blood, marriage, or adoption.

FAMILY DAY CARE HOME. A private residence in which the operator permanently resides as a member of the household in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty-four (24) hours per 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 (4) weeks during a calendar year (as amended July 8, 1996).

FARM. Land and farm structures devoted to agricultural activities, including but not limited to: silviculture and nurseries, animal husbandry, apiaries, dairying, field crops, truck farming, orchards, and greenhouses. The processing of produce grown on-site and berry processing of up to 50 tons per day is defined as an accessory use.

FENCE: An artificially constructed barrier of recognized building materials or combination of materials erected to enclose screen or separate areas. (as amended October 2002)

FLOOD HAZARD AREA. An area subject to periodic flood hazard as defined in the National Flood Insurance Act of 1968, as from time to time amended.

FLOODPLAIN. An area subject to periodic flooding as defined in the National Flood Insurance Act of 1968, as from time to time amended.

FLOOR AREA. The gross floor area of all floors of a building or an addition to an existing building. For all office buildings and for any other building, except dwelling units where the principal use thereof shall include the basement, the basement floor area shall be included, except that part thereof which contains heating and cooling equipment and other basic utilities.

FLOOR, FIRST. The main floor of a dwelling, characterized by kitchen facilities, an eating area, and a living room area. In the case of split level type home, the floors with the kitchen, living room, and dining area shall be considered as the first floor.

FOSTER CARE FACILITY. An establishment that provides supervision, assistance, protection or personal care, in addition to room and board, to persons. A foster care facility is other than a home for the aged or nursing home, licensed under Act No. 139 of the Public Acts of 1956, as amended, or a mental hospital for mental patients licensed under Sections 51 and 52 of Act No. 151 of the Public Acts of 1923, as amended (as amended July 8, 1996).

GARAGE. A detached accessory structure or a portion of a main building used primarily for the parking of automobiles and light trucks.

GRADE. (Deleted Demember 11, 1997)

GREENBELT. A greenbelt shall be a planting strip or buffer strip, at least ten (10) feet in width, which shall consist of deciduous or evergreen trees, or a mixture of both, spaced not more than thirty (30) feet apart and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart and which grow at least five (5) feet wide and five (5) feet or more in height after one full growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.

GROUP DAY CARE HOME. A private residence in which the operator permanently resides as a member of the household in which more than six (6) but not more than twelve (12) minor children are given care and supervision of periods of less than twenty-four (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 child for more than four (4) weeks during a calendar year (as amended July 8, 1996).

HOME OCCUPATION. A gainful occupation conducted by members of the family only, within its place of residence, provided that the space used is incidental to residential use and that no article is sold or offered for sale, except such as is produced by such home occupation.

Home occupation is further defined to include roadside stands which offer products grown on-site. Personal services, such as licensed beauty/barber shops, massage clinics, and the like are specifically excluded from the definition of home occupation.

INSTITUTIONAL USES. Churches, schools, hospitals and other similar public or semi-public uses.

JUNKYARD. A place where waste, surplus, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled; including house-wrecking yards, used lumber yards, and places or yards for use of salvaged house-wrecking and structural steel materials and equipment, including automobile wrecking, but excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations, when conducted entirely within a completely enclosed building.

KENNEL. Any lot or premises on which four (4) or more dogs, cats or other household pets, four (4) months of age or older, are kept either temporarily or permanently.

LANDFILL. Any facility licensed or regulated by either Public Act 641 of 1978 or Public Act 64 of 1979, as amended.

LOT. A piece or parcel of land occupied or intended to be occupied by a principal building and accessory structures, together with such open spaces as are required by this Ordinance. (Amended December 11, 1997)

(a) Area, Lot: The total area encompassed within the lines of a parcel or piece of property.

(b) Corner Lot: A lot located at the intersection of two (2) or more public or private streets.

(d) Double Frontage Lot: Any lot, excluding a corner lot, which fronts on two (2) streets which do not intersect.

(e) Width, Lot: The distance between the side lot lines, measured at the building setback line.

(f) Waterfront Lot: A lot which fronts on a street and on a navigable waterway.

LOT LINE. A line bounding a lot or a parcel of property. (Amended December 11, 1997

(a) Front: The boundary line of a lot immediately adjacent to the street right-of-way upon which the lot fronts. In the case of a corner lot, the line with the narrowest line would be considered the front lot line. In the case of a double frontage lot, each line fronting on a street shall be a front lot line. In the case of a waterfront lot, the line which fronts on a navigable waterway shall be a front line.

(b) Rear: The boundary line which is most distant from, and generally opposite to, the narrow front lot line.

MAINTENANCE GUARANTEE. Means any security, other than cash, which may be accepted by the Township for the maintenance of any improvement required by this Ordinance.

MOBILE HOME LOT. A measured parcel of land within a mobile home park, which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home. A mobile home lot, outside of a mobile home park, shall be the same as a single family dwelling lot in the same zoning district.

MODULAR HOME. A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed truck and assembled for permanent location on the lot.

MOTOR VEHICLE. Every vehicle which is self-propelled.

NATURAL RESOURCE EXTRACTION. The commercial mining or removal of stone, gravel, sand, soil or other natural elements, including gas or oil from the land.

NONCONFORMING USE OR STRUCTURE. Any use or structure which was legally existing prior to the effective date of this Ordinance which does not now comply with the requirements herein.

ON-TRACT. Means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

PARCEL. One or more platted or registered lots for development and taxation.

PARKING AREA, SPACE OR LOT. An off-street open area, the principal use of which is for the parking of motor vehicles.

PERFORMANCE GUARANTEE. Means any security which may be accepted by the Township, including cash.

PERSON means an individual, sole proprietorship partnership, corporation, limited liability company or association. (Amended April 9, 1998)

PLANNED UNIT DEVELOPMENT (PUD). In the case of new development, a clustering of dwelling units or other improvements, such that useful open spaces and natural features are preserved and enhanced, according to a specific plan approved by the Township. In the case of the West Olive area, a mechanism for the achievement of the above PUD concepts and the resolution of area problems, according to a specific plan developed by the residents of the West Olive area and approved by the Township.

PLANNING COMMISSION. The Port Sheldon Township Planning Commission.

PRELIMINARY FLOOR PLANS AND ELEVATIONS. Means architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.

PREMANUFACTURED HOME. A dwelling which consists of pre-fabricated units built in compliance with BOCA Code and approved by a State of Michigan authorized inspector. These units are transported to the site on a removable undercarriage or flat-bed truck and assembled for permanent locations on the lot (as amended June 12, 1986).

PRINCIPAL OR MAIN USE. The primary or predominant use of a lot.

To be inspected by the Ottawa County Road Commission or a qualified engineer at the expense of the developer (as amended March 12, 1987).

PRIVATE ROAD. (Deleted December 11, 1997)

PUBLIC NUDITY means the knowing or intentional display of any individuals genitals, anus, or of a female individual’ breast, in a public place, or any other place for payment or promise of payment by any person. An individual’s genitals or anus shall be considered to be displayed if it or they are visible; an individual’s genitals or anus shall not be considered to be displayed if they are covered by a fully opaque covering. A female individual’s breast shall not be considered to be displayed of the nipple and areola are covered by a fully opaque covering. Payment or promise of payment includes the payment of , or promise of payment of , any consideration or admission fee. Public Nudity does nor include any of the following:

a) The exposure of a woman’s breast while breast-feeding a child, whether the nipple OR AREOLA IS VISIBLE DURING OR INCIDENTAL to the feeding.

b) Any materials which meet or satisfy the definition contained in Section 2 of Act No 343 of the Public Acts of 1984, as amended, being MCLA 752.362.

c) Any sexually explicit visual material as defined in Section 3 of Act No.33 of the Public Acts of 1978, as amended, being MCLA 722.673.

d) Any display of an individual’s genitals or anus, or of a female individual’s breast, which occurs as part of the regular curriculum of an educational institution that is funded, chartered, or recognized by the State of Michigan. (Amended April 9, 1998)

PUBLIC PLACE means any real property, or appurtenance to real property which is owned by the State of Michigan, by any municipality of this State, a public agency or by a college or university of this state. The term includes, but is not limited to a structure, enclosure, facility or complex, such as a court, mall, park, or any subordinate unit of government, agency, commission, or instrumentality of the state. “PUBLIC PLACE” shall also mean a business or an educational, refreshment, entertainment, recreation, health, transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available tot he public. (Amended April 9, 1998)

RECREATION VEHICLE. A vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes and/or marine vessel (as amended June 12, 1986).

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

RETAIL COMMERCIAL ESTABLISHMENT. A store, market or shop in which commodities are sold or offered for sale in small or large quantities to the retail trade. Grocery and general stores, meat markets, public garages, and automobile service stations are included in this classification.

ROADSIDE STAND. A temporary building or structure designed or used for the display and sale of seasonal agricultural products (as amended June 12, 1986).

SEXUALLY ORIENTED BUSINESS means a business or commercial enterprise that conducts or engages in any of the activities hereinafter defined. (Amended April 9, 1998)

(a) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically controlled or mechanically controlled still picture or motion picture machines, projectors, or image-producing or image projecting devices are maintained to show images to five or fewer persons per machine or device art any time, and where the images are so projected, produced or displayed are distinguished or characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas.

(b) ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial establishment that, as one of its business purposes or services, offers or sale or rental for any form of consideration, any of the following:

(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations or media which depict or describe Specified Sexual Activities or Specified Anatomical Areas; or,

(2) Instruments, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities.

A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in paragraphs 1 or 2, above, and still be categorized as an Adult Bookstore or Adult Video Store. The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it compromises 20% or more of the establishment’s gross revenues, or of such materials occupy 20%

1. Persons who appear in a state of nudity;

2. Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities.

3. Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Anatomical Areas or Specified Sexual Activities;

4. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

(d) ADULT MOTEL means a hotel, motel or similar commercial establishment that:

1. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public right-of-way that advertised the availability of any of the above;

2. Offers a sleeping room for rent for a period of time that is less than (12) twelve hours; or

3. Allows a tenant or occupant of a sleeping room to offer it for rent or other consideration for a period of time that is less than (12) twelve hours.

(e) ADULT MOTION PICTURE THEATER means a commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction of Specified Sexual Activities or Specified Anatomical Areas.