ARTICLE II

DEFINITIONS

(Amended through Amendment #110, 10/26/2007 as annotated)

SECTION 2.1 RULES APPLYING TO THE TEXT

For the purposes of this Ordinance, certain rules of construction apply to the text as follows:

1. Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.

2. The word "person" includes a corporation or firm as well as an individual.

3. The term "shall" is always mandatory and not discretionary; the word "may" is permissive.

4. The word "used" or "occupied" as applied to any land or structure shall be construed to include the words "intended, arranged, or designed to be used or occupied."

5. Any word or term not interpreted or defined by this Article shall be used with a meaning in common or standard usage. Any current standard collegiate dictionary is considered to be common or standard usage.

SECTION 2.2 DEFINITIONS

For the purposes of this Ordinance, certain terms or words used herein shall be interpreted or defined as follows:

ABATTOIR: A building where beasts are butchered for market.

ACCESSORY BUILDING: See BUILDING, ACCESSORY.

ACCESSORY STRUCTURE: See STRUCTURE, ACCESSORY.

ACCESSORY USE: See USE, ACCESSORY.

ADULT BOOKSTORE: See ADULT AND SEXUALLY ORIENTED BUSINESS.

ADULT CARARET: See ADULT AND SEXUALLY ORIENTED BUSINESS.

ADULT DRIVE-IN: See ADULT AND SEXUALLY ORIENTED BUSINESS.

ADULT FILM STORE: See ADULT AND SEXUALLY ORIENTED BUSINESS.

ADULT MOTION PICTURE THEATER: See ADULT AND SEXUALLY ORIENTED BUSINESS.

ADULT AND SEXUALLY ORIENTED BUSINESS: includes adult bookstore, adult cabaret, adult drive-in, adult film store, and adult motion picture theater as defined below:

ADULT BOOKSTORE: An establishment having as a substantial portion of its stock in trade books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined by this ordinance.

ADULT CABARET: A bar, lounge, club or other establishment which, whether or not it sells alcoholic or non-alcoholic beverages, and/or food, features as part of the regular entertainment, topless or bottomless dancers, strippers, or similar entertainers, whether male or female, whose acts are characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined by this ordinance.

ADULT DRIVE-IN: An open-air establishment in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined by this ordinance.

ADULT FILM STORE: An establishment in which a substantial portion of its stock in films, video tapes, video disks, or similar items are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined by this ordinance.

ADULT MOTION PICTURE THEATER: An enclosed building in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined by this ordinance.

SPECIFIED ANATOMICAL AREAS: Includes any of the following:

a. Less than completely and opaquely covered human genitals, public region, buttocks, anus, or female breasts below a point immediately above the top of the areola.

b. Human male genitals in a discernable turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Includes any of the following:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

c. Masturbation, actual or simulated.

ADULT FOSTER CARE (AFC): The care of adults who do not require nursing care, but who are unable to live independently because they are developmentally disabled, emotionally impaired, physically handicapped, or elderly.

AFC FAMILY CARE HOME: A private home or facility licensed by the State Department of Social Services, where no more than six (6) adults are receiving foster care.

AFC SMALL GROUP HOME: A facility licensed by the State Department of Social Services, where from 7 to 12 adults are receiving foster care.

AGRICULTURAL SUPPORT INDUSTRY (A.S.I.): An A.S.I. is a manufacturing or service industry which serves the local farming community, not just the farm on which it operates.

AGRICULTURE: See FARM.

APARTMENT: See DWELLING UNIT.

BED AND BREAKFAST: A single family dwelling with no more than three bedrooms available for guest use for compensation and by prearrangement, having no external evidence that rooms are available. Compare TOURIST HOME.

BED AND BREAKFAST INN: An owner occupied private home with four or more bedrooms available for guest use for compensation and by prearrangement.

BLUFF: A cliff or hill with a slope in excess of thirty (30) percent, which terminates in Lake Michigan waters and bays, or any inland lake, or their beaches.

BOAT HOUSE: Any permanent structure erected on the shore of a lake or watercourse, used for the noncommercial storage of boat(s) and related equipment and supplies.

BUFFER: A strip of land with plantings and/or structures which may be required to protect one type of land use from another, or to minimize or eliminate conflicts between them. Compare GREENBELT and SCREEN.

BUILD: See ERECT.

BUILDING: Any structure, whether temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings, mobile homes and vehicles whether or not mounted on wheels.

BUILDING, ACCESSORY: A subordinate building, which may or may not be attached to a principal building, occupied by or devoted exclusively to a use which is accessory and clearly incidental to the principal permitted use.

BUILDING, DETACHED: A building having no structural connection with another building.

BUILDING, NONCONFORMING: See NONCONFORMING BUILDING OR STRUCTURE.

BUILDING HEIGHT: The vertical distance measured from the finish grade at the building to the midpoint between the highest part of the roofline and the eave line. If the building is located on sloping terrain (i.e. walkout), the height shall be half the vertical distance measured from the finish grade at the wall furthest downhill to the midpoint between the highest part of the roofline and the eave line plus half of the vertical distance measured from the finish grade at the wall furthest uphill to the midpoint between the highest part of the roofline and the eave line. See FINISHED GRADE.

(Annotation: Definition added by Amendment 04-003 effective on December 1, 2004)

BUILDING, PRINCIPAL: A building or group of buildings in which is conducted the main or principal use or activity permitted on the lot where the building is located.

BUSINESS SERVICES: Establishments that render services, rather than provide goods, primarily to other businesses.

(Annotation: Definition added by Twp Board Ordinance. No. 4 of 2007, PC Ordinance Amendment 110 effective 10-26-2007)

CAMP: Grounds and buildings to accommodate an organized, supervised recreational program of outdoor activities, with housing often in tents or cabins, usually operated during the summer.

CAMPGROUND: A parcel of land upon which two or more campground sites are

located, established, or maintained for occupancy by recreational vehicles, tents, or

other individual camping unit by the general public as temporary living quarters for

recreational purposes.

(Annotation: Definition changed by Amendment 01-001 effective on March 1, 2001)

CAMPGROUND SITE: A plot of ground within a campground intended for the

accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.

(Annotation: Definition added by Amendment 01-001 effective on March 1, 2001)

CHILD CARE:

FAMILY DAY CARE HOME: A private home registered with the State Department of Social Services, where one (1) to six (6) children are received for care and supervision, including those children less than seven (7) years old in the resident family.

GROUP DAY CARE HOME: A private home, licensed by the Department of Social Services, where from seven (7) to twelve (12) children are received for care and supervision.

DAY CARE CENTER: A facility other than a private home, licensed by the Department of Social Services, where one or more children are received for care and supervision. This includes PRESCHOOLS and DAY NURSERIES.

CHURCH: A building or site, wherein people regularly assemble for religious expression or which has been established by a religious body organized to sustain that public religious expression. Included are all accessory buildings and uses customarily associated with a church. "Church", although it customarily might be considered a Christian entity, for purposes of this ordinance should be considered to be synonymous with such words as "temple", "mosque" or "meeting" and the religious philosophies which they represent.

CLINIC, HEALTH: A professional office where people are examined and treated by one or more physicians, dentists, psychologists, or other licensed health practitioners, but not lodged overnight.

CLUB, PRIVATE: An organization of persons for special purposes or for the encouragement of agriculture, sports, arts, science, literature, politics or the like, but not for profit, and open only to members and their guests and not to the general public.

CLUSTER HOUSING: See Article X.

CO-LOCATION: The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

COMMERCIAL STORAGE: A space, or a place, for the safekeeping of personal property for profit.

COMMISSION: A Planning Commission formed under the Township Planning Act or, if no Planning Commission has been appointed by the Suttons Bay Township Trustees, the Suttons Bay Township Zoning Board.

CONDITIONAL USE: See USE, CONDITIONAL.

CONDOMINIUM: A form of ownership where the "homeowner" shares ownership in property, whose maintenance is a group responsibility, and where the individual enjoys the use of the space within the dwelling, under the Condominium Act, Michigan Public Act 59 of 1978, as amended.

CONDOMINIUM, SITE: A site condominium is a condominium where there is shared responsibility for common areas, but where the individual not only enjoys the use of his dwelling, but is responsible for maintaining it and the yard assigned to him, under Michigan Public Act 59 of 1978 as amended. See LOT.

CONSERVATORY: A glassed area, which is part of a dwelling, used to grow and display plants. Compare GREENHOUSE.

COTTAGE, RENTAL: A single family dwelling, with or without kitchen facilities, which is maintained, offered, or used as living quarters for temporary residents for compensation. (This does not include hotels, motels, rooming houses, tourist homes, or guest houses.)

DAY CARE: See CHILD CARE.

DECK, AT GRADE: a deck that shall not exceed one foot above existing or proposed grade at any level.

(Annotation: Definition added by Amendment 04-003 effective on December 1, 2004)

DENSITY: The number of dwelling units existing or to be developed per acre of land.

DISTRICT, ZONING: An area for which there are uniform zoning requirements governing the use of buildings and premises, the size and height of buildings, the size of yards, and the density of development.

DRAINAGE: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development, and includes the means necessary to preserve the water supply or to prevent or alleviate flooding.

DRIVEWAY: See Section 12.4.

DUPLEX: A building or part thereof containing two dwelling units.

DWELLING: Any building serving people as a home, residence, or sleeping place and having kitchen and bath facilities.

DWELLING, MULTIPLE FAMILY: A building containing three or more dwelling units.

DWELLING, SINGLE FAMILY: A detached building containing one dwelling unit.

DWELLING, SINGLE FAMILY ATTACHED: A dwelling unit which is part of a building containing two or more dwelling units with common walls on property lines so that only one dwelling unit is located on each lot.

DWELLING UNIT: A dwelling unit for one family.

DWELLING UNIT, ACCESSORY: A separate dwelling unit, contained within the structure of a single family dwelling or added to it.

EMPHASIS: When used in reference to adult and sexually oriented businesses "emphasis" means; special attention, importance or stress given to the matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" so as to make it predominant.

EXTRACTION, SAND AND GRAVEL: Removal of sand and gravel as a commercial activity.

FAMILY: One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. A domestic employee residing in the dwelling unit shall be considered part of the family. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

FARM: Any parcel of land which is used for general agricultural purposes, such as the growing of forests, orchards and field crops, or the raising of animals. This includes the necessary farm structures, and the storage of equipment used in the operation of the farm.

FARM MARKET: A permanent, enclosed accessory farm building or portion thereof used for the purpose of selling seasonal farm products.

FARM RETAIL MARKET: A retail store specializing in, but not limited to the sale of farm produce.

FENCE: A structure or barrier enclosing a field, yard, or other space, or separating it from an adjoining area; especially a structure of rails, pickets, or wooden or metal openwork. Compare SCREEN.

FENCE, BOUNDARY: A fence which delineates a property.

FILLING STATION: See SERVICE STATION.

FINISH GRADE: The point of elevation at the finished surface of the ground or of paving. For purposes of establishing building height finish grade of a building is the lowest elevation between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

FLOOD PLAIN: Land adjoining or connected to a water body or watercourse which is subject to being inundated, as reported by the U.S. Army Corps of Engineers or other applicable Federal and State Agencies. Compare WETLANDS.

FLOOR AREA: The sum of the horizontal areas of the several floors of a building, measured from the interior face of the exterior walls.

FLOOR AREA, USABLE: Usable floor area shall be calculated by taking the floor area minus hallways and entrance halls which are not used for the display or storage of merchandise, and minus mechanical areas involved solely with building and grounds maintenance.

FLOOR DRAIN: Drain installed as part of the floor, designed to dispose of excess liquid on the floor by directing it into the ground.

FOOD PROCESSING: A procedure which processes, packages, grades, sorts, or changes the form of fruit or other farm products.

FOOD PROCESSING PLANT: An establishment which processes, packages, grades, sorts, or changes the form of fruit, vegetables, or other farm products.

FRONTAGE ROAD: A secondary road parallel and immediately adjacent to a primary road or other road for which the Leelanau County Road commission specifies a design speed of 55 or more miles per hour.

FRUIT RECEIVING STATION: A business which receives raw fruit from area farms, for shipment to market.

GARAGE, COMMERCIAL: Any garage serving the public, which is used for storage, major repair and maintenance, refinishing, rustproofing, washing, adjusting, or equipping of automobiles or other motor vehicles. Compare SERVICE STATION.

GARAGE, RESIDENTIAL: An accessory building, freestanding or attached to a dwelling, designed and used primarily for the parking and storage of motor vehicles, boats, and equipment belonging to those in residence.

GAS STATION: See SERVICE STATION.

GLARE: Light directly visible to a viewer’s eye, either directly from a light source, reflected or refracted.

(Annotation: Definition added by Amendment 01-003 effective October 25, 2001)

GOLF COURSE: An area of land laid out for the game of golf with a series of nine (9) or eighteen (18) holes including tees, greens, fairways, and often one or more natural or artificial hazards, practice driving ranges, and a clubhouse. This definition does not include mini-golf or similar amusement park types of games.

GREENBELT: A landscaped area, using grasses, trees and/or shrubs, with or without berms, to achieve the goals of this Ordinance. It is not intended to screen, and there is no minimum height requirement. Compare BUFFER and SCREEN.

GREENHOUSE: A structure, all or some of whose roof and side walls are of glass or similar material, which is used for the cultivation of plants and flowers. Compare CONSERVATORY.

GROUP DAY CARE HOME: See CHILD CARE.

GUEST HOUSE: An accessory building located on the same lot as the principal dwelling, used for housing guests. A guest house may have sleeping and toilet accommodations.

HARDSHIP: Unnecessary and illogical deprivation of an individual's property rights which are enjoyed by others in the same zoning district.

HAZARDOUS SUBSTANCE: A hazardous substance is a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment.

HEIGHT: See BUILDING HEIGHT.

HOME BUSINESS: An occupation carried on within a dwelling unit, which is subordinate and incidental to the residential use, but which is more intense than a home occupation as defined in this Ordinance, and which has the potential of having an adverse impact on the residential character of the neighborhood.

HOME OCCUPATION: An accessory use of a dwelling unit involving the manufacture, provision, or sale of goods and/or services, which is clearly subordinate and incidental to its use as a residence.

HOTEL: A building in which lodging is offered to the public for compensation, and in which access to the rooms is arranged in an inside lobby or office, with someone usually on duty at all times. Compare MOTEL.

IMPERVIOUS SURFACE: For purposes of this Ordinance this definition includes surfaces which prevent or impede normal water infiltration and/or cause runoff to other areas but is not limited to: (1) all buildings, and structures (area measured at roof gable end and eave lines), (2) stairs, walkways, driveways and parking or other areas comprised of cementitious substances, or any bituminous substance, including asphalt, and (3) any subbase of plastic or any shield which prevents or impedes water penetration.

Not considered an impervious surface are brick pavers, paver stone, graveled surfaces, decks, stairways and walkways with gaps in their surface structure (e.g., wooden decks with open cracks between the deck boards) that allow water to readily pass through the structure.

(Annotation: Definition added by Amendment 04-002 effective July 1, 2004)

INSTITUTION: A building occupied by a municipal or nonprofit corporation or establishment.

JUNK: Any type of waste material, refuse, or equipment no longer useful to the degree to which it was originally intended, which may or may not have some salvage value. This includes vehicles, boats, trailers, and other transportation equipment stored outdoors, which are not licensed and in the opinion of the Zoning Administrator are not capable of being driven in their present condition.

LAW ENFORCEMENT FACILITY: A facility operated by a local unit of government for the physical detention and correction of persons charged with or convicted of criminal offenses, that can include a sheriff’s office with road patrol, dispatch, and arraignment facilities.

(Annotation: Definition added by Amendment 01-003 effective October 25, 2001)

LODGE: See CLUB.

LOT: A parcel of land unbroken by a street or road, on which a principal building or structure and/or use, and/or accessory structures or uses may be located. In the case of a site condominium, the lot shall be the condominium unit, which consists of the building envelope plus the limited common area surrounding the unit.

LOT AREA: The total horizontal area within the lot lines of a lot, excluding any easement for a street or right-of-way.

LOT, CORNER: A lot abutting on two streets or roads at their juncture, when the interior angle is less than one hundred and thirty-five (135) degrees.

LOT COVERAGE: That percentage of the lot covered by all buildings and structures located on the lot.

LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT LINES: The perimeter boundary lines of a lot.

LOT LINE, FRONT: That line separating said lot from the street or road right-of-way. In the case of a through lot, it is that line separating said lot from either street or road. Where a corner lot abuts two public streets or roads, front setbacks shall be required from the rights-of-way of both streets or roads. Side setbacks shall be required from the remaining lot lines.

LOT LINE, REAR: That lot line or shoreline opposite and most distant from the front lot line.

LOT LINE, SIDE: Any lot line other than the front lot line or the rear lot line.

LOT LINE, ZERO: See ZERO LOT LINE.

LOT OF RECORD: A lot which is part of a subdivision or preliminary plat approved by the Township Board prior to the date of this Ordinance. Also a lot described by metes and bounds, the deed or other conveyance to which has been recorded with the Register of Deeds in Leelanau County prior to the effective date of this Ordinance.

LOT, WIDTH: The straight line horizontal distance between the side lot lines, measured at the two points where the front setback line intersects the side lot lines.

MANUFACTURED OR MOBILE HOME: A moveable dwelling which is constructed to be towed on its own chassis, is capable of being connected to public utilities, and is designed for year-round living as a single family dwelling unit without the necessity of a permanent foundation. The term "mobile home" shall not include pick-up campers, travel trailers, motor homes, converted buses, tent trailers, or other transportable structures designed for temporary use.

MODERN CAMPGROUND: A campground where water flush toilets and

water under pressure is available at a service building or where a water outlet and a sewer connection are available at each site.

(Annotation: Definition added by Amendment 01-001 effective on March 1, 2001)

MOBILE HOME PARK: A lot, parcel or tract of land used as the site for occupied mobile homes, including any buildings, structures, enclosures or facilities used by park residents, and licensed under Michigan Public Act 243 of 1959, as amended.

MOTEL: A building or group of buildings with sleeping accommodations available for temporary occupancy for compensation, primarily by automobile transients. Compare HOTEL.

MOTORBOAT: Watercraft with motors 5 horsepower and over or the equivalent; other boats or personal watercraft capable of being propelled at speeds greater than 35 miles per hour.

NONCONFORMING BUILDING or STRUCTURE: A building or structure or portion thereof lawfully existing at the time of adoption of this Ordinance or of any amendments, that does not conform to the dimensional requirements of the Ordinance in the zoning district in which it is located.

NONCONFORMING USE: A use of a building or structure or of land, lawfully existing at the time of adoption of this Ordinance or of any amendments, that does not conform to the regulations of the Ordinance in the zoning district in which it is located.

NURSERY: An area where trees, shrubs, flowering plants etc. are raised for sale or transplanting.

NURSING HOME: A building other than a hospital, where the primary function is to provide nursing care for extended periods of time to persons afflicted with illness, injury, or an infirmity.

OPEN SPACE: Land that is permanently preserved from development through legal conveyance.

(Annotation: Definition amended by Amendment 03-001 effective on February 28, 2003)

OVERLAY ZONE: An Overlay Zone is a separate zone placed over all or part of existing zoning districts that adds new regulations to those of the underlying districts.

PARCEL: An area of land.

PARK: Properties and facilities, particularly related to open space, owned or operated by any government agency for public recreation: similar privately owned or operated properties and facilities except not including golf courses or amusement parks.

PARKING LOT: A lot whose principal use is the parking of motor vehicles, where parking space is rented to the general public or reserved for individuals by the hour, or for some more extended period of time.

PARKING SPACE: A surfaced area of not less than nine (9) by twenty (20) feet, exclusive of drives or aisles, for the parking of motor vehicles, and so located as to be readily accessible to a public road, street or alley.

PASSIVE RECREATION: Non-motorized recreation.

(Annotation: Definition added by Amendment 03-001 effective on February 28, 2003)

PERSONAL SERVICES: Establishments that render services, rather then provide goods, primarily to other individuals.

(Annotation: Definition added by Twp Board Ordinance. No. 4 of 2007, PC Ordinance Amendment 110 effective 10-26-2007)

PLAYGROUND: Properties and facilities, particularly related to open space, with equipment and facilities designed for children's play, owned or operated by any government agency for children's recreation: similar privately owned or operated properties and facilities.

POINT OF LIGHT SOURCE: A lighting source, direct, reflected or refracted, which produces glare.

(Annotation: Definition added by Amendment 01-003 effective October 25, 2001)

PRIMARY ROAD: US numbered highways, Michigan State highways and numbered "Primary County routes" delineated on the "Leelanau County Transportation Map and Address Guide", as amended from time to time, are primary roads.

PRIMARY STRUCTURE: The following shall be considered primary structures: the residential dwelling, garage, and attached decks. Storage buildings, boat houses, gazebos, stairways, and unattached decks shall not be considered primary structures.

(Annotation: Definition added by Amendment 04-002 effective July 1, 2004)

PROFESSIONAL SERVICES: Establishments that render professional services rather then provide goods. A provider of professional services must be licensed to practice their profession.

(Annotation: Definition added by Twp Board Ordinance. No. 4 of 2007, PC Ordinance Amendment 110 effective 10-26-2007)