ARTICLE 2 – DEFINITIONS 2.00
2.0
DEFINITIONS
2.1 GENERAL
When
not inconsistent with the context, words in the present tense include the future
tense, words used in the singular number include the plural number and words
used in the plural number include the singular.
The word "shall" is always mandatory and not merely directory.
The word "building" includes the word "structure" or
vice versa. Terms not herein defined
shall have the meaning customarily assigned to them.
2.2 SPECIFIC
TERMS
For
the purpose of this section the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
The
cessation of activity in, or use of a dwelling structure, or lot, other than
that which would normally occur on a seasonal basis, for a period of twelve (12)
months or longer.
2.
ABOVE GROUND LEVEL. (AGL).
A
measurement of height from the natural grade of a site to the highest point of a
structure.
Having
property or district line in common e.g., two lots are abutting if they have
property lines in common.
4.
ACCELERATED SOIL EROSION
The
increased removal of the land surface that occurs as a result of human
activities.
5.
ACCESS
A
way of approaching or entering a property. For
purposes of this Ordinance, all lots of record shall have access to a public
street or highway.
Any
unattached subordinate building or structure, such as a private garage which is
incidental to that of the main building, located on the same lot with the main
building, or any portion of the main building if that portion is occupied or
devoted exclusively to an accessory use. When
an
Any
use customarily incidental and subordinate to the main use of the premises but
does not include residential occupation.
A
measure of land area containing 43,560 square feet.
See
“USE”
10.
ADDITION
A
structure added to the original structure at some time after the completion of
the original.
11.
ADJOINING
A
lot or parcel of land which shares all or part of a common lot line with another
lot or parcel of land.
12.
ADULT BOOK STORE
An
establishment having as a substantial or significant portion of its stock in
trade, books, magazines, and other periodicals, pictures, video, or films
depicting, describing, or relating to "specified sexual activities,"
or which are characterized by their emphasis on matter depicting, describing, or
relating to "specified anatomical areas."
In determining whether certain materials constitute a substantial or
significant portion of the total stock in trade of an establishment, the
following may be considered, together with all other relevant factors:
a)
if the materials in question are located or displayed on the main traffic
aisles or in close proximity to the public entrances or exits of the
establishment, it shall indicate that the materials are a significant or
substantial portion of the stock in trade.
b)
if the general stock in trade of the establishment is available
for observation and inspection by, and/or sale to,
the general public while the material in question is available
for inspection and observation by and for sale to only a limited segment of the
public, and the materials are less than fifteen (15%) percent of the total stock
available in the retail area open to the public, then it shall indicate that the
adult material is an insignificant portion of the material in the business.
c) if the material in question or its subject matter or the general subject emphasis of its product line is advertised to the general public by signs, posts or any other means (including, but not limited to, the name of the establishment), which are either visible from the exterior of the establishment or published for public consumption in the press or electronic media or billboards or hand fliers or any other means whatsoever, then it shall be presumed that the material in question constitutes a significant portion of the total stock in trade.
13.
ADULT BUSINESS
All
uses listed in the definition section of the Adult Entertainment Licensing
Ordinance of the
An
establishment which features topless and/or bottomless dancers, go-go dancers,
exotic dancers, strippers, or similar entertainers.
15.
ADULT THEATER
An
indoor or outdoor theater used for presenting by film, tape, or other means,
material depicting, describing, or relating to "specified sexual
activities" or which is characterized by its emphasis on matter depicting,
describing, or relating to "specified anatomical areas" for
observation by patrons therein.
16.
AGRICULTURE
The
use of land for tilling of the soil, raising of tree or field crops, or animal
husbandry, as a source of significant income.
See Generally Accepted Agricultural Management Practices (GAAMPs) and
their corresponding guidelines on file in the Township office and at www.mda.state.mi.us/right2farm/farm.htm.
17.
AGRICULTURAL BULK STATION
A
commercial facility used for storage and shipping of agricultural products.
18.
AGRICULTURAL RETAIL FACILITY
A
structure located on a farm from which produce and farm products are sold to the
general public. (Amended
A
place where aircraft can land and take off, usually equipped with hangars,
facilities for refueling and repair, and various accommodations for passengers.
20.
AIR RIGHT
The
rights to the space above a property, for development
21.
AISLE
The
traveled way by which cars enter and depart parking places.
22.
ALLEY
A
public way which affords only secondary access to abutting property, and not a STREET
as defined below.
23.
ALTERATION OF BUILDING
A
change in the supporting members of a building, an addition to, or a diminution,
a change in use, or a conversion of a building or a part thereof.
24.
AMENITY
A
natural or artificial feature which enhances or makes more attractive or
satisfying a particular property.
25.
ANIMAL (LARGE)
A
large animal shall mean a horse, cow, sheep, goat, pig, ostrich, or similar size
fowl, or other similar creatures which are also associated with traditional
farming or animal husbandry purposes.
26.
ANIMAL (SMALL)
A
small animal shall mean a dog, cat, bird, reptile, mammal, fish or other
nonhuman creature that can be kept in a relatively small or confined space and
normally treated as a pet.
27.
28.
ANTENNA.
The
surface from which wireless radio signals are sent and received by a personal
wireless facility.
29.
APARTMENT HOUSE
A
suite of rooms or a room in a multiple-family building arranged and intended for
a place of residence of a single-family or a group of individuals living
together as a single housekeeping unit.
30.
APIARY
A
place in which bees are kept for production of honey.
31.
APPEALS
The
process, as prescribed in this Ordinance, for contesting a zoning interpretation
made by the Zoning Administrator or decision made by the Planning Commission.
32.
APPLICANT
A
person or entity submitting an application for review and action by the Township
or any of its departments or commissions.
33.
APPROVED PLAN
A
plan which has been granted final approval by the appropriate approving
authority.
34.
APPROVING AUTHORITY
The
agency, board, group, or other legally designated individual or authority which
has been charged with review and approval of plans and applications.
35.
AREA see
36.
AREA OF SIGN
See
Article 14.3
37.
ASSEMBLY ACTIVITY
The
assembly of finished goods such as autos, trailers, vans, furniture, etc.
excluding raw material, manufacturing, stamping, or processing.
38.
ASSEMBLY STRUCTURE
A
building used for the primary
purpose of group gatherings of fifty (50) people or more for any purpose.
39.
ATTACHED
Any
structure or part of a structure immediately adjacent to another structure or
part of a structure and fastened securely to same.
40.
ATTACHED GARAGE
An
outbuilding customarily used for the storage of vehicles, and is attached to a
residential dwelling as either an integral part thereof, or, at a minimum,
connected to the dwelling by a completely enclosed breezeway.
41.
ATTIC
That
part of a building which is immediately above the ceiling beams of the top story
and wholly or partly within the roof framing.
42.
AUTOMATIC CAR WASH
A
structure containing facilities for washing automobiles using a chain conveyer
or other method of moving the cars along, or machinery that moves around a
stationary vehicle, and automatic or semiautomatic application of cleaner,
brushes, rinse water and heat for drying.
43.
AUTOMOBILE
A
self-propelled, free moving vehicle, with three or more wheels, primarily for
conveyance on a street or roadway.
44.
AUTOMOBILE OR VEHICLE REPAIR
General
repair, rebuilding, or reconditioning of engines, motor vehicles or trailers;
collision service, including body frame or fender straightening or repair;
overall painting or paint shop; vehicle steam cleaning and oil change.
45.
AUTOMOBILE OR VEHICLE SALES AREA
An
area used for the display, sales and rental of new and used motor vehicles,
boats, trailers, farm equipment, construction equipment or mobile homes all in
operable condition.
46.
AUTOMOBILE SALVAGE
The
dismantling or disassembling of used motor vehicles or trailers; the storage,
sale, or dumping of dismantled or partially dismantled, or wrecked vehicles or
their parts.
47.
AUTOMOBILE SERVICE STATION OR FILLING STATION
A
place where gasoline, kerosene, or any other motor fuel or lubricating oil or
grease for operation of motor vehicles is offered for sale to the public and
deliveries are made directly into motor vehicles, including sale of accessories,
greasing, oiling, and light motor service on the premises, but in no case to
include automobile or truck mechanical repair. Convenience food sales and/or
fast food restaurants may also be provided on the premises.
48.
AUTOMOBILE STORAGE, DAMAGED
Any
storage of inoperable vehicles not incidental to a service garage.
49.
AUTOMOBILE WASHING ESTABLISHMENT
A
building or portion thereof, where motor vehicles are washed as a commercial
enterprise, or where facilities are available for the self-service cleaning of
motor vehicles.
50.
BANK
A
financial institution.
51.
BAR (see
TAVERN)
52.
BASEMENT
53.
BED AND BREAKFAST OPERATIONS
A
use which is subordinate to the principal use of a dwelling unit as a
single-family dwelling unit, in which transient guests are provided a sleeping
room and breakfast in return for payment, and which does not provide separate
cooking facilities for such guests.
54.
BERM, OBSCURING
An
earthen mound of definite height and location to serve as an obscuring device in
carrying out the requirements of this Ordinance.
55.
BILLBOARD OR SIGNBOARD
Any
structure or portion thereof on which lettered, figured or pictorial matter is
displayed for advertising purposes, not related to the premises or the nature of
the business conducted thereon or the products primarily sold or manufactured
thereon. This definition shall not
be held to include any sign used for official notices issued by a court or
public body.
56.
BLOCK
A
property surrounded by streets or abutting one side of a street and situated
between the two nearest intersecting streets, or bounded by a combination of
streets, waterways, parks, unplatted acreage, corporate boundary lines, or other
natural or man-made, physical or artificial barrier to continual development.
57.
BOARD OF APPEALS
The
Zoning Board of Appeals of the
58.
BODY SHOP – SEE AUTOMOBILE REPAIR
59.
The
land area of an inland lake or stream which lies below the ordinary high-water
mark and which may or may not be covered by water. Reference P.A. 346 of 1972.
60.
BREEZEWAY
Any
covered passageway between two buildings, the sides of which may be enclosed by
lattice, screens, or other material allowing the passage of air.
61.
BUFFER
Open
space, landscaped areas, fences, walls, berms or any combination thereof to
physically separate or screen one use or property from another so as to visually
shield or block noise, lights or other nuisances.
62.
BUILDABLE AREA
The
space remaining on a lot or lots of record after the minimum setback and open
space requirements have been met.
A
structure erected on-site, a mobile home or mobile structure, a premanufactured
or precut structure, which is above or below ground and is designed primarily
for the use or intended use of shelter, support, or enclosure of persons,
animals, or property of any kind.
64.
BUILDING CONTRACTOR SHOP
A
facility where building and construction contractors store construction
equipment and/or building materials.
65.
BUILDING COVERAGE
The
horizontal area measured within exterior walls of the ground floor of all
principal and accessory buildings on a lot.
66.
BUILDING HEIGHT see HEIGHT OF BUILDING
67.
BUILDING LINE
A
line formed by the face of the building, and for the purposes of this Ordinance,
a minimum building line is the same as a front setback line.
68.
BUILDING OFFICIAL
Township
Staff appointed by the Township Manager and licensed pursuant to the State of
69.
BUILDING PERMIT
A
permit signifying compliance with the provisions of this Ordinance as to use,
activity, bulk , density and with the requirements of all other development
codes and ordinances currently in effect in the Township of Tittabawassee.
70.
BUILDING USE, TEMPORARY
A
use in a temporary building or structure, established for a fixed period of time
with the intent to discontinue such use upon the expiration of the time period
granted in the special use permit.
71.
A
business center is more than one (1) business on the same parcel.
72.
BUSINESS OR COMMERCE
Engaging
in the purchase, sale, barter, or exchange of services or goods, wares, or merchandise,
of the maintenance or operation of offices or recreational or amusement
enterprises.
73.
BUSINESS SERVICES
Establishments
primarily engaged in rendering services to business establishments for a fee or
on a contract basis, such as advertising and mailing, building maintenance,
employment services, management and consulting services, protective services,
equipment rental and leasing, commercial research, development and testing,
photo finishing, and personal supply services.
74.
CALIPER
The
diameter of a tree trunk measured two feet above grade.
75.
CAMOUFLAGED
A
building or use that is disguised or hidden.
76.
CANOPY
A
roof-like cover that projects from the wall of a building for the purpose of
shielding a doorway or window from the elements.
77.
CARRIER
A
company that provides wireless service.
78.
CARRY-OUT RESTAURANT (see DRIVE-IN
RESTAURANT/FAST FOOD)
79.
80.
CENTRAL BUSINESS DISTRICT OR "CBD"
The
identifiable main shopping area within a community usually containing, in
addition to retail uses, governmental offices, service uses, professional,
cultural, recreational and entertainment establishments and uses, residences,
and transportation facilities.
Any
publicly or privately owned place for the interment of human remains.
82.
CERTIFICATE OF OCCUPANCY
A
document issued by the proper authority (Building Official and Zoning
Administrator) allowing the occupancy or use of a building and certifying
that the structure or use has been constructed and/or will be used in compliance
with all applicable municipal codes and ordinances and approved plans and
specifications.
83.
CERTIFICATION OF COMPLETION
A
signed written statement by the Building Official that specific construction has
been inspected and found to comply with all grading and building plans and
specifications.
84.
CHANGE OF USE
Any
use which substantially differs from the previous use of a building or land, or
which imposes other special provisions of law governing building construction,
equipment, egress or ingress.
85.
CHILD CARE ORGANIZATION
A
facility for the care of children under 18 years of age, as licensed and
regulated by the State under Act No. 116 of Public Acts of 1973 and the
associated rules promulgated by the State Department of Social Services.
Such organizations shall be further defined as follows:
a) "child care center" or "day care center" means a facility, other than a private residence, receiving more than six preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, pay group, or drop-in center. "Child care center" or "day care center" does not include a Sunday School conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
b)
"foster family home" is a private home in which one but not
more than four minor children, who are not related to an adult member of the
household by blood, marriage, or adoption, are given care and supervision for 24
hours a day, for four or more days a week, for two or more consecutive weeks,
unattended by a parent or legal guardian.
c)
"foster family group home" means a private home in which more
than four but less than seven children, who are not related to an adult member
of the household by blood, marriage or adoption, are provided care for 24 hours
a day, for four or more days a week, for two or more consecutive weeks,
unattended by a parent or legal guardian.
d)
"family day care home" means a private home in which one but
less than seven minor children are received for care and supervision for periods
of less than 24 hours a day, unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage or
adoption. It includes a home that
gives care to an unrelated child for more than four weeks during a calendar
year.
e)
"group day care home" means a private home in which more than
six but not more than 12 children are given care and supervision for periods of
less than 24 hours a day unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage, or
adoption. It includes a home that
gives care to an unrelated child for more than four weeks during a calendar
year.
86.
CHURCHES/SYNAGOGUES/MOSQUES (see INSTITUTIONS, RELIGIOUS)
87.CIRCULATION
PATTERN
Systems,
structures, and physical improvements for the movement of people, goods, water,
air, sewage, or power by such means as streets, highways, railways, waterways,
towers, airways, pipes, and conduits; and the handling of people and goods by
such means as terminals, stations, warehouses, and other storage buildings or
shipment points.
88.
CLEAR VISION
An
area thirty (30) feet along each street at its intersection with another street,
drive or alley where no visual obstruction of sight may exist.
89.
CLINIC, DENTAL OR MEDICAL
A
building in which a group of physicians, dentists or physicians and dentists and
allied professional assistants are associated for the purpose of carrying out
their profession. The clinic may
include a medical or dental laboratory.
90.
CLUB/LODGE
A
nonprofit organization of persons for special purposes or for the conducting of
social, athletic, scientific, artistic, political, or other similar endeavors.
91.
CLUSTER
A
development design technique that concentrates buildings in specific areas on
the site to allow the remaining land to be used for recreation, common open
space, and preservation of environmentally sensitive features.
92.
COIN/TOKEN-OPERATED AMUSEMENT CENTER
Establishments
engaged in providing amusement or entertainment through the provision of
coin/token-operated amusement devices, incorporating either electromechanical
devices such as pinball machines or electronic video display operations.
93.
COLLOCATION
The
use of a single mount on the ground by more than one carrier (vertical
collocation) and/or several mounts on an existing building or structure by more
than one carrier.