An Ordinance to establish zoning districts and zoning provisions governing the use of land in the unincorporated portions of White Oak Township, Ingham County, Michigan, including the administration and enforcement thereof in accordance with the provisions of Act 184 of Public Acts of 1943 as amended.

THE TOWNSHIP OF WHITE OAK, INGHAM COUNTY, MICHIGAN, PURSUANT TO THE AUTHORITY VESTED IN IT BY ACT 184 OF THE PUBLIC ACTS OF 1943, AS AMENDED, ORDAINS:

This Ordinance shall be known as the "White Oak Township Zoning Ordinance."

The fundamental purpose of this Ordinance is to promote the public health, safety, morals and general welfare, to encourage the use of lands and natural resources in the Township in accordance with their character and adaptability, to limit the improper use of land, to provide for the orderly development of the Township, to reduce hazards to life and property, to establish the location of and the specific uses for which dwellings, buildings and structures may hereafter be erected or altered, and the minimum open spaces, sanitary safety and protective measures that shall be required for such lands, dwelling, buildings and structures, to lessen congestion on the public roads and streets, all according to the White Oak Township Master Plan as adopted May 1994 and as provided by Act 184 of the Public Acts of 1943, as amended.

The following rules of construction apply to the text of this Ordinance:

A. The particular shall control the general.

 

B. In the case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

 

C. The word "shall" is always mandatory and not discretionary. The word "may" is permissive and discretionary.

 

D. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

 

E. A building or structure includes any part thereof.

 

F. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or any other similar entity.

 

G. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

 

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 that the connected items, conditions, or provisions, or events may apply singly but not in combination.

 

3. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

 

I. Terms not herein defined shall have the meaning customarily assigned to them.

 

For the purpose of this Ordinance the terms and words herein are defined as follows:

ACCESSORY USE, BUILDING, OR STRUCTURE: A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and, unless otherwise specifically permitted, is located on the same zoning lot as the principal use to which it is related.

ADULT REGULATED USES; DEFINITIONS: As used in this Ordinance, the following definitions shall apply to adult-regulated uses:

A. Adult Book Store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and novelty items which are distinguished or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), or an 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.

 

B. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used commercially for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein. 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.

 

C. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used commercially 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 below), for observation by patrons herein. 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.

 

D. Amusement Gallery/Arcade: Any business which provides on its premises four or more machines which upon the insertion of a coin, slug or token may be operated for use as a game, contest, or amusement of any description, not including musical devices.

 

E. Cabaret: An establishment which features any of the following: Topless dancers and/or bottomless dancers, go go dancers, strippers, male and/or female or similar entertainers or topless and/or bottomless waitresses or employees.

 

 

F. Massage Parlor: A building, room, place or establishment other than a regularly licensed hospital or dispensary where nonmedical and nonsurgical manipulative exercises are practiced on the human body for other than cosmetic or beautifying purposes with or without the use of mechanical or bathing devices by anyone not a physician or surgeon or similarly registered status.

 

G. Modeling Studio: An establishment which furnishes facilities to the public for the taking of photographs of males and/or females with specified anatomical areas, as defined below, exposed or which makes such models available for any other purposes.

 

H. Specified Anatomical Areas as defined as:

 

1. Less than completely and opaquely covered:

 

a. Human genitals, pubic region,

 

b. Buttock,

 

c. Female breast below a point immediately above the top of the areola; and

 

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

I. Specified Sexual Activities are defined as:

 

1. Human genitals in a state of sexual stimulation or arousal;

 

2. Acts of human masturbation, sexual intercourse or sodomy; and

 

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

 

AGRICULTURE: The act or business of cultivating or using land and soils for the production of crops for the use of animals or humans, and includes, but is not limited to, purposes related to agriculture, farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry.

ALLEY: A dedicated public vehicular way usually between or behind buildings, which affords a secondary means of access to abutting property but is not intended for general traffic circulation.

ALTERATIONS: Any change, addition or modification in construction or type of occupancy; and change in the structural members of a building, such as wall, partitions, columns, beams, girders; any substantial changes in the roof or exterior walls; any change in the location of a building; or any change which may be referred to herein as "altered" or "reconstructed."

ANTIQUE SHOP: A retail establishment dealing exclusively in the resale of items (objects, artwork, and furniture) of value because of the item's age.

APARTMENT: A room or suite of rooms used as a dwelling for one family which does its cooking therein.

APARTMENT HOUSE: A residential structure containing three (3) or more attached apartments.

ARCHITECTURAL FEATURES: Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

AUTOMOTIVE REPAIR: General repair, engine building, rebuilding, or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, overall painting, vehicle rustproofing and any related activities.

AUTOMOBILE SERVICE STATION: A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, minor repair, or servicing, but not including pumping, painting, refinishing, major repairs and overhauling, steam cleaning, rustproofing, where the primary use of the premises is such, or high-speed washing thereof, or sales of used cars, new cars, used trucks, new trucks, motorcycles or other land vehicle type, or sales related to service station use.

AUTOMOBILE WASH ESTABLISHMENT: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

BASEMENT: That portion of a building wholly or partially below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement. (See illustration entitled, "basement and story.")

BED AND BREAKFAST INN: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provision for a morning meal only for overnight guests only.

BEDROOM: A room in a dwelling unit for or intended to be used solely for sleeping purposes by human beings.

BILLBOARD: Any non-accessory sign, device, design, words, letters, number or trademark which makes anything known to the general public and is the principal use of the lot or parcel on which it is located.

BOARDING HOUSE: A dwelling where meals, or lodging and meals are provided for compensation to three (3) or more persons by pre-arrangement for definite periods of not less than one (1) week. A boarding house is to be distinguished from a hotel, motel, or a convalescent or nursing home.

BUILDABLE AREA: The buildable area of a lot is the space remaining after the minimum open space requirements of this Ordinance have been complied with.

BUILDING: An independent structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building. This refers to both temporary and permanent structures and includes tents, sheds, garages, stables, greenhouses, or other accessory structures.

BUILDING INSPECTOR: This term shall refer to the Building Inspector of the Township of White Oak, or his authorized representative.

BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use of the lot upon which it is situated.

BUILDING PERMITS: A building permit is the written authority issued by the Building Inspector of the Township of White Oak permitting the construction, removal, repair, moving, alteration or use of a building in conformity with the provisions of this Ordinance.

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

CLINIC: A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one (1) professional, such as a physician, dentist, or the like.

CLUB: An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics, or the like, but not for profit.

CLUSTER HOUSING: A housing development that concentrates buildings in specific areas on-site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

COMMERCIAL USE: 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 this Ordinance, "commercial use" shall not include industrial, manufacturing or wholesale businesses.

CONDOMINIUM: A condominium is a system of separate ownership of individual units in multi-unit projects. Such as condominium apartments, site condominiums, and mobile home condominiums. For the purposes of this Ordinance, condominium terms shall be defined as follows:

A. Condominium Act: Shall mean Public Act 59 of 1978, as amended.

 

B. Condominium Lot: That portion of a site condominium project designed and intended to function similar to a platted subdivision lot for the purposes of determining minimum yard setback requirements and other requirements set forth in Article VIII, Schedule of Regulations.

 

C. Condominium Unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.

 

D. Common Elements: Portions of the condominium project other than the condominium units.

 

E. General Common Elements: Common elements other than the limited common elements, intended for the common use of all co-owners.

 

F. Limited Common Elements: Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.

 

G. Master Deed: The condominium documents recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.

 

H. Site Condominium Project: A condominium project designed to function in a similar manner, or as an alternate to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this Ordinance.

 

DENSITY: The number of dwelling units permitted on an acre of land.

DISTRICT, ZONING: A portion of the Township within which, on a uniform basis, certain uses of land and/or building are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.

DRIVE-IN ESTABLISHMENT: A business establishment so developed that its operation involves providing service to patrons while in motor vehicles.

DWELLING, MULTIPLE: A building used as a residence for three (3) or more facilities living independently of each other; each unit having its own cooking facilities therein. Including apartment houses, townhouses, and apartment hotels, but not including mobile home parks.

DWELLING, SINGLE-FAMILY: A detached building occupied by one (1) family and so designed and arranged as to provide living, cooking and kitchen accommodations for one (1) family only.

DWELLING, TWO-FAMILY OR DUPLEX: A detached building, designed exclusively for and occupied by two (2) families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.

DWELLING UNIT: Any house or building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one (1) family, either permanently or transiently, but in no such case shall an attached or detached garage, travel trailer, motor home, automobile chassis, tent or portable building be considered a dwelling. In cases 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 purpose of this Ordinance and shall comply with the provisions thereof relative to dwellings. Garage space, attached or detached, shall not be deemed a part of a dwelling for minimum floor area requirements.

EFFICIENCY UNIT: An efficiency unit is a dwelling unit consisting of one (1) room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

ERECTED: The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erection.

ESSENTIAL SERVICES: The term "essential services" shall mean the erection, construction, alteration or maintenance by public or quasi-public 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 alarm and police call boxes, traffic signals, hydrants and similar equipment, which 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.

EXCAVATION: Excavating shall be the removal of soil, sand, stone, gravel or fill dirt below the average grade of the surrounding land and/or road grade whichever shall be highest.

FAMILY: One or more persons related by blood, adoption or marriage, living and cooking together as a single non-profit housekeeping unit, inclusive of household servants. A number of persons living and cooking together as a single non-profit housekeeping unit having a continuing non-transient domestic character though not related by blood, adoption or marriage, shall be deemed to constitute a family. This definition shall not include any society, club, fraternity, sorority, group of students, association, lodge, combine, federation, group, coterie, or organization which is not a recognized religious order, nor include a group of individuals whose association is temporary and resort/seasonal or similar to a boarding house, motel or hotel, or for an anticipated limited duration of a school term or terms on a similar determinable period.

FARM: The land, buildings, and machinery used in the commercial production of bona fide farm products by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of his household or hired employees. Farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry or pigeon farms, field crops, fiber crops, and apiaries. Farm products are plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, maple syrup, mushroom production, livestock (including breeding and grazing), fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products. For the purposes of this Ordinance, farms shall not include establishments, for keeping or raising fur-bearing animals, commercial dog kennels, piggeries, slaughterhouses, stone quarries, gravel or sand pits for the removal of topsoil, fertilized works, boneyards, for the reduction of animal matter, or for the removal of garbage, sewage, rubbish, junk or offal, unless such establishments are combined with other bona fide farm operations listed above which are located on the same continuous tracts of land.

A farm permitted by this Ordinance is not intended nor implied to permit trucking, equipment and/or vehicle repair(s) and/or sales, contractor's yards, stump removal and/or processing, snow removal businesses, lawn maintenance businesses, or any other activities other than those incidental to the bona fide farm.

A farm which is operated as a business for the purposes of agriculture production is distinguished from a collection of farm buildings and animals that is operated for education, demonstration, or recreational purposes. Such quasi-farm operations may be known as "petting zoos" or "model farms" or "interpretive farms."

FARM BUILDINGS: Any building or structure other than a dwelling, moved upon, maintained, used or built on a farm which is essential and customarily used on farms for the pursuit of agricultural activities.

FEEDLOT: A confined area or structure used for feeding, breeding, or holding livestock as part of a commercial operation for eventual sale in which animal waste may accumulate but not including barns, pens, or other structures used in a dairy farm operation, pig and hog farms.

FENCE: An unroofed man-made structure designed as a barrier. It may be made of wood, metal or other material. It may be ornamental or intended for or capable of enclosing a piece of land, preventing ingress and egress, dividing, bounding or simply marking a line on the land.

FILLING: The depositing or dumping of any matter onto, or into the ground, except in the case of common household gardening and general farm care.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level or finished lot grade, whichever is higher (see "Basement" definition). Any space devoted to off-street parking or loading shall not be included in "floor area." Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed) or attached garages are not included. (See illustration entitled "floor area terminology.")

FLOOR AREA, USABLE: The measurement of usable floor area shall include the portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, excluding utility or mechanical equipment rooms, or sanitary facilities. In the case of half-story, the usable floor area shall be considered to be only that portion having a clear height above it of five (5) feet or more. (See illustration entitled "floor area terminology".)

FOSTER CARE HOME: See "Residential Care Facilities."

GARAGE, COMMERCIAL: Any premises except those described as a private, community or storage garage, available to the public, used principally for the storage of automobiles or motor-driven vehicles, for remuneration, hire or sale, where any such vehicle or engine may also be equipped for operation, repaired, rebuilt or reconstructed, and where vehicles may be greased, washed or serviced.

GARAGE, COMMUNITY: A community garage is a space or structure or series of structures for the storage of motor vehicles having no public shop or service operated in connection therewith, for the use of two (2) or more owners or occupants of property in the vicinity.

GARAGE, PRIVATE: An accessory building for parking or storage of motor vehicles owned and used by the occupants of the building to which it is an accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

GARBAGE: The word "Garbage" shall be held to include every refuse, accumulation of all waste, animal, fish, fowl, fruit or vegetable matter incident to the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit and vegetables, including spoiled food, dead animals, animal manure and fowl manure.

GRADE: The building grade shall, in the case of level ground conditions, be the level of the ground adjacent to the walls. If the ground is not entirely level, the grade shall be the average elevation of the ground adjacent to the walls. (See illustration entitled, "Grade.")

GREENBELT: A strip of land which is planted with trees or shrubs in accordance with the requirements of this Ordinance.

HEIGHT, BUILDING: The vertical distance measured from the established grade to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, studio hip and gambrel roofs; and 75 percent of the height of an "A" frame. (See illustration entitled, "Building Height Requirements.")

HOME OCCUPATION: Any occupation conducted within a dwelling unit and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and which does not endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, professions or hobby.

HOSPITAL: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices and operating under license by the Michigan Department of Health.

HOTEL: 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 (1) bedroom and a bath, occupied for hire, and which 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.

JUNK: For the purpose of this Ordinance, the term "junk" shall mean motor vehicles, machinery, appliances, product, or merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or in a condition which renders them incapable of performing the function for which the product was manufactured.

JUNKYARD: The term "junkyard" includes automobile wrecking yards, salvage areas, and any area of more than two hundred (200) square feet used for the storage, keeping or abandonment of junk, including scrap metals, other scrap materials or reclaimed materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. Junkyards do not include uses established entirely within enclosed buildings which are in conformance with all other provisions of this Ordinance.

KENNEL: Any lot or premises on which three (3) or more dogs, six (6) months or more old, are permanently or temporarily boarded, or are kept for the purpose of breeding or selling.

KENNEL, NON-COMMERCIAL: Any lot or premises less than 20 acres on which a total of four (4) or more dogs, cats, or other similar four (4) legged animals, six (6) months or more old, are permanently or temporarily housed, or are kept for the purpose of breeding or selling.

LABORATORY: A place devoted to experimental, routine study or basic study such as testing and analytical operations excluding operations in which manufacturing of product or products, except prototypes, is performed.

LIVESTOCK: Any of various bird or animal breeds, long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man, including horses, ponies, mules, donkeys, cattle, swine, sheep, goats, chickens, ducks, geese, and turkeys.

LOADING SPACE: An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading and unloading merchandise or materials.

LOT: A lot is a piece or parcel of land occupied or intended to be occupied by a building and any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under the Ordinance, and having its frontage upon a public street or road either certified by the Ingham County Road Commission or designated on a recorded subdivision. Provided that the owner of any number of contiguous lots may have as many of said contiguous lots considered as a single lot for the purpose of this Ordinance as he so elects, and in such case, the outside perimeter of said group of lots shall constitute the front, rear, and side lot lines thereof. This latter parcel is then often referred to as a "zoning lot." (See illustration entitled "Corner, Interior, and Double Frontage Lots.")

LOT AREA: The total horizontal area within the lot lines, as defined, of a lot. For lots fronting or lying adjacent to private streets, lot area shall be interpreted to mean that area within lot lines separating the lot from the private street, and not the centerline of said street.

LOT, CORNER: A corner lot is a lot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an angle of not more than one hundred thirty-five (135) degrees. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than one hundred thirty-five (135) degrees, it is a corner lot. In the case of a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.

LOT COVERAGE: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

LOT, DEPTH: The depth of the lot is the mean horizontal distance from the center of the front street line to the center of the rear lot line.

LOT, DOUBLE FRONTAGE: A lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one (1) street will be designated as the front street for all lots in the plat and in the request for a building permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.

LOT, INTERIOR: A lot is a lot other than a corner lot with only one (1) lot line fronting on a street.

LOT, LAKE: A lot having any frontage directly upon a lake, natural or man-made. The yard adjacent to the water shall be designated the front yard of the lot, and the opposite side shall be designated the rear yard of the lot.

LOT LINES: Any line dividing one (1) lot from another or from the right-of-way, and thus constitutes property lines bounding a lot.

A. Lot Line, Front: In the case of an interior lot abutting on one (1) public or private street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from the street which is designated as the front street in the plat and/or in the request for a building permit.

 

B. Rear Lot Line: That lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line ten (10) feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Zoning Board shall designate the rear lot line.

 

C. Side Lot Line: Any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

 

LOT OF RECORD: A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Ingham County Register of Deeds and Township Treasurer, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor registered and licensed in the State of Michigan and is recorded with the Ingham County Register of Deeds and Township Treasurer.

LOT, WIDTH: The horizontal distance between the side lot lines, measured at the two (2) points where the building line, or setback line, intersects the side lot lines.

MANUFACTURED HOUSING: A mobile home, residential building, modular home, dwelling unit, a dwelling room or rooms, or a building component, assembly, or system that is manufactured in a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction, which is either wholly or substantially manufactured at an off-site location, and the installation of which is to be wholly or substantially manufactured at an off-site location, and the installation of which is to be wholly or partially on-site in accordance with building standards established for the construction and installation of premanufactured units under Act No. 230 of the Public Acts of 1972, as amended, being Section 125.1501 to 125.1531 of the Michigan Compiled Law.

MOBILE HOME: A type of manufactured housing that is transportable in one (1) 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 plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreational vehicles are described and regulated herein shall not be considered "mobile homes" for the purposes of this Ordinance.

MOBILE HOME PARK: A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home; and which is not intended for use as a temporary trailer park.

MOBILE HOME SITE: A designated lot within a mobile home park for the exclusive use of occupants of a single mobile home.

MOBILE HOME SUBDIVISION: A subdivision designed and/or intended for the sale of lots for residential occupancy by mobile homes in accordance with standards established under Act. No. 288 of Public Acts of 1967, as amended.

MODULAR HOME: A residential structure assembled in total or in several sections at a factory, and transported over the road by truck to its destination. A modular home shall be permanently situated on a foundation, and be compatible in design and appearance with on-site built homes.

MOTEL: A series of attached, semi-detached, or detached rental units which may or may not be independently accessible from the outside parking area, containing bedroom, bathroom and closet space and designed for or occupied primarily for transients. No kitchen or cooking facilities are to be provided without the approval of the Zoning Board with the exception of units for use of the manager and/or caretaker.

MOTOR HOME: A motorized vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging. This term does not apply to mobile home.

A. Non-Conforming Use: A non-conforming use is a use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.

 

B. Non-Conforming Building: A non-conforming building is a building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this Ordinance in the zoning district in which it is located.

 

NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for wholesale or retail sale including products used for gardening or landscaping. The definition of nursery within the meaning of the Ordinance does not include any space, building, or structure used for the sale of fruits, vegetables or Christmas trees.

OCCUPIED: The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.

OPEN AIR BUSINESS USES: Business uses not conducted entirely within an enclosed building. Open air business uses shall include the following business uses:

A. Retail sale of trees, shrubbery, plants, flowers, seed, soil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.

 

B. Retail sale of fruit and vegetables.

 

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

 

D. Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale; rental or repair services.

 

E. Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.

 

OPEN SPACE: Any area (open to the sky) on a lot not covered by a principal or accessory building.

OPEN STORAGE: The keeping in an unroofed area building materials, sand, gravel, stone, lumber, equipment and other supplies.

PARKING SPACE: An area of definite length and width as designated in this Ordinance for parking an automobile or other vehicle, and which is fully accessible for such purposes.

PET: A domesticated dog, cat, canary, parakeet, parrot, gerbil, hamster, guinea pig, turtle, fish, rabbit, and similar animals and customarily kept for pleasure or companionship.

POND: An excavation or the altering of a water course by damming or excavation or combinations thereof, for the purpose of creating thereby a body of water greater than one thousand (1,000) square feet in area, and two (2) feet or more in depth, for the use as an irrigation source, for livestock watering, for fish or aquatic life production, or for recreational or scenic purposes.

PORCH, ENCLOSED: A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

PORCH, OPEN: A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with a principal building or structure to which it is attached.

POULTRY: Any of various breeds of birds long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man for meat and eggs, including chickens, ducks, geese, guinea fowl and turkeys and similar birds not including game fowl.

PUBLIC UTILITY: Any person, firm, municipal department or board duly authorized to furnish or furnishing under federal, state, or municipal regulations a service which is of public consequence and need. The principal distinctive characteristic of a public utility is that of a service to or readiness to serve an indefinite public (or portion of a public as such), which has a legal right to demand and receive its services or commodities. Services or commodities for the purposes of this ordinance include gas, electricity, steam, water, sewage, transportation, telephone, cable television, and microwave and mobile phone communication.

QUARRY EXCAVATION: Any breaking of the ground to hollow out by cutting or digging or removing any soil matter, except common household gardening and general farm care.

A. Child Care Organization: A facility for the care of children under 18 years of age, as licensed and regulated by the State under Michigan Public Act 116 of 1973, and the associated rules promulgated by the State Department of Social Services. Such organizations shall be further defined as follows:

 

1. Child care center or day care center means a facility, other than a private residence, receiving more than six pre-school 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, play group, or drop-in center. "Child care center" or "day care center" does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

 

2. 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.

 

3. 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 in a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

 

4. Family day care 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 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.

 

5. 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. Including a home that gives care to an unrelated child for more than four weeks during a calendar year.

 

B. Adult Foster Care: A facility for the care of adults, over 18 years of age, as licensed and regulated by the State of Michigan Public Act 218 of 1979, and rules promulgated by the State Department of Social Services. Such organizations shall be defined as follows:

 

1. Adult foster care facility means a governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care.

 

An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or a residential center for persons released from or assigned to a correctional facility.

 

2. Adult foster care small group home means 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, 5 or more days a week, and for 2 or more consecutive weeks for compensation.

 

3. Adult foster care large group homes means a facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation.

 

4. Adult foster care family home means a private residence with approved capacity to receive 6 or fewer adults to be provided with foster care for 5 or more days a week or for 2 or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

 

A. Dining Room: A structure which is maintained, operated and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. Such food and beverage are served primarily in non-disposable (reusable by the restaurant) containers.

 

B. Drive-In Restaurant: A drive-in restaurant is any establishment where food, frozen dessert, and/or beverages are served to customers while seated in their motor vehicles upon the premises. It shall also include any establishment where the customers may serve themselves and are permitted to consume food and beverages in a motor vehicle parked on the premises or at other facilities which are provided for the use of the patron for the purpose of consumption and which are located outside of the building or structures.

 

C. Fast Food Restaurant: A structure which is maintained, operated, and/or advertised or held out to the public as a place where food, beverage, and/or desserts are served to customers from a serving counter in disposable (not reusable by restaurant) containers or wrappers. Such food, beverage, and/or desserts may be consumed: inside the buildings; outside, at facilities provided; or "carried out" for consumption off the premises.

 

D. Carry-out Restaurant: A structure which is maintained, operated, an/or advertised or held out to the public as a place where food, beverage, and/or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

 

E. Drive-Through Restaurant: A restaurant so developed that it is wholly or partly dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons food and beverages in a ready-to-consume state from a drive-through window to patrons in motor vehicles. A drive-through restaurant may or may not also have indoor seating.

 

F. Bar/Lounge: A structure or part of a structure designed, maintained, and operated primarily for the dispensing of alcoholic beverages. The selling of food and/or snacks may also be permitted. If the bar/lounge area is part of a larger dining facility, it shall be defined as that part of the structure so designated and/or operated.

 

ROADSIDE STANDS: A roadside stand is a temporary or permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his family, and its use shall not make into a commercial district land which would otherwise be agricultural, nor shall its use be deemed a commercial activity. Such stand, if of a permanent character, shall not be more than one story high nor larger than twenty (20) feet by twenty (20) feet, and must be set back from the nearest right-of-way line at least seventy-five (75) feet.

RTFA/GAAMPS: Right to Farm Act/Generally Approved Agricultural Management Practices. Michigan Department of Agricultural directives takes precedence over local Zoning concerning farm questions and siting.

RUBBISH: The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.

SATELLITE ANTENNA: An accessory structure which at its widest dimension is in excess of 36 inches; an earth-based station, the purpose of which is to receive signals from orbiting satellites and other extraterrestrial sources, together with other equipment related to such purposes.

SETBACK: The minimum horizontal distance required to exist between the front line of the building, including steps or unenclosed porches and the front street or right-of-way line.

SIGN: Any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located.

SOIL REMOVAL: Shall mean removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay or similar materials, or combination thereof, except common household gardening and general farm care.

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

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

STATE EQUALIZED VALUATION: The value shown on the Township assessment roll as equalized through the process of State and County equalization.

STORY: That portion of a building included between the upper surface of any floor, and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area to at least 50 percent of the usable floor area immediately below it. A top floor area under a sloping roof with less than 50 percent of the usable floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than 4 feet above the average contact ground level at the exterior walls of the building. (See illustrations entitled "Basic Structural Terms" and "Building Height.")

STORY, HALF: The part of a building between a pitched room and the uppermost full story, said part having a floor area which does not exceed 50 percent or less than the floor area below it. (See illustration entitled "Basic Structural Terms.")

STREET: A public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfares, except an alley.

STRUCTURE: Anything constructed or erected which requires permanent location on the ground or attachment to something having such location.

SWIMMING POOL: The term "swimming pool" shall mean any structure or container intended for swimming or bathing, located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches. A pond created by the excavation of an earthen pit shall not be considered a swimming pool. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.

TEMPORARY BUILDING AND USE: A structure or use permitted by the Zoning Board of Appeals to exist during periods of construction of the main use or for special events, not to exceed one (1) year.

TOURIST HOME: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, without provision for meals.

TOWNSHIP BOARD: Whenever in this Ordinance appears the words "Township Board" it shall mean the Township Board of White Oak Township.

TOXIC OR HAZARDOUS MATERIALS: Waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material which because of its quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or increase in serious irreversible illness or serious incapacitation, but reversible illness, or pose a substantial present or future hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed.

TRAVEL TRAILER: A portable vehicular unit primarily designed for travel and/or recreational usage, which may also contain facilities for overnight lodging, but which does not exceed eight (8) feet in width or twenty-five (25) feet in length. This term also includes folding campers and truck-mounted campers but not mobile homes.

USE: The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is occupied, or maintained, let, or leased.

VARIANCE: A modification of the literal provisions of the Zoning Ordinance which is granted when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. Hardships based solely on economic considerations are not grounds for a variance.

YARD: An open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line; and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not include eaves provided that an eight (8) foot height clearance is provided above the adjacent ground level. (See illustration entitled "Yard Terms and Yard Requirements.")

YARD, FRONT: A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

YARD, REAR: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

YARD, SIDE: A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.

ZONING ADMINISTRATOR: This term shall refer to the Zoning Administrator of the Township of White Oak.

ZONING BOARD: Whenever in this Ordinance appears the words "Zoning Board" it shall mean Zoning Board of White Oak Township.

ZONING BOARD OF APPEALS: The words "Board of Appeals," or "Board" shall mean the Zoning Board of Appeals for the Township of White Oak.