Township of Cannon - Definitions

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure, or use on the same lot with, and of a nature which is customarily incidental and subordinate to the principal building, structure, or use; provided, however, that an oil and/or gas well, whether or not operating or productive, and the structures, equipment and devices used or which may be used in connection therewith, and the associated and related uses and activities, shall not be accessory structures or accessory uses, in whole or in part, under the terms of this chapter.

ADDRESS SIGN

A sign that identifies the street address of the property on which it is placed.

ADULT FOSTER CARE FAMILY HOME

A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for periods of 24 hours per day, five or more days per week and for two or more consecutive weeks, as licensed and regulated under the Adult Foster Care Facility Licensing Act, Act 218 of the Public Acts of 1979, MCL 400.701 et seq., as amended. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

ADULT FOSTER CARE SMALL GROUP HOME

An adult foster care facility licensed under the Adult Foster Care Facility Licensing Act, Act 218 of the Public Acts of 1979, MCL 400.701 et seq., as amended, in which the adult foster care group home licensee is a member of the household and an occupant of the residence. The home shall be a private residence providing adults with foster care for 24 hours a day, five or more days per week and for two or more consecutive weeks; it shall have the approved capacity to receive at least seven but not more than 12 adults to be provided foster care.

AWNING SIGN

A sign which is painted on, printed on, or attached flat against the surface of an awning.

BALLOON SIGN

A sign composed of a nonporous bag of material filled with air or gas.

BANNER SIGN

A portable sign of fabric, plastic, or other nonrigid material without an enclosing structural framework.

BASEMENT

A portion of a building located partially below grade, where the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted in determining the maximum number of stories.

BED-AND-BREAKFAST ESTABLISHMENT

A private residence that offers overnight accommodation to lodgers in the principal residence of the owner or operator of the establishment, and which serves breakfast as a part of the overnight accommodation.

BILLBOARD

A sign which advertises an establishment, product, service or activity not available on the lot on which the sign is located.

BUFFER or BUFFER STRIP

An area of land, including landscaping, berms, walls and fences, that is located between land uses of different character and is intended to mitigate negative impacts of the more intense use on a residential, vacant or other parcel of land.

BUILDING

Any enclosed structure having a roof supported by columns, walls, or other support, used for the purpose of housing or storing of persons, animals, or property, or carrying out of business activities, or similar uses.

BUILDING ENVELOPE

A designated area of land within which a building which is a condominium or which contains two or more condominium units may be constructed and used and which complies with the minimum lot area and the minimum lot width requirements of the zone district in which the building is located. The building envelope shall be drawn at such distances from the building that the minimum required building setbacks of the zone district will be complied with. A building envelope applies only to a condominium, not a site condominium.

BUILDING HEIGHT

The vertical distance measured from the lowest point of elevation of the surface of the ground or finished material anywhere around the perimeter of a building to the highest point of the roof surface of flat roofs, to the deck of mansard roofs, and to a point which is half way between the eaves and the ridge of gable, hip, or gambrel roofs.

BUILDING LINE

The line within a property, parallel to the adjacent property line, that defines the horizontal distance between an exterior building wall or building support and the adjacent property line. In the case of an irregularly shaped building, the building lines shall be extended to establish corners in such a manner as to form a rectangle or other shape having lines parallel to the property lines, so as to establish a uniform distance, for setback purposes, between a property line and the parallel building line, irrespective of the irregularity of the building walls, as illustrated in the diagram shown. The exterior building wall shall include any covered or roofed portions of the building, excluding those architectural features exempted by § 450-3.09, Building projections.

BUILDING OFFICIAL

The person designated by the Township Board to administer the Building Code.

BUILDING, PRINCIPAL

A building in which the main use of the lot or other parcel of land is conducted.

BUSINESS CENTER

Any two or more businesses which:

A. Are located on a single lot or parcel of property; or
B. Are connected by common walls, partitions, canopies, or other structural members to form a continuous building or group of buildings, or otherwise present the appearance of a single, contiguous business area.

BUSINESS CENTER SIGN

A sign identifying a multiple-building business or commercial development or multiple-building office development, consisting of either:

A. Two or more buildings on a parcel of land; or
B. Two or more businesses located in one building or otherwise structurally connected to form a continuous building or group of buildings, or otherwise having the appearance of a single, contiguous business or office location.

CATERING ESTABLISHMENT

A business, establishment or location in which the principal use is the preparation of food and meals which are delivered to another location for serving and consumption.

CHANGEABLE MESSAGE SIGN

A portion of a sign on which copy may be frequently changed either manually or electronically, including a sign with a fixed or changing display message composed of a series of lights that may be changed through electronic means.

CHILD-CARE CENTER

A facility, other than a private residence, receiving one or more preschool or school-age children for periods of less than 24 hours per day, for not less than two consecutive weeks (regardless of the numbers of hours of care per day), where the parents or guardians are not immediately available to the child, including facilities described as "day-care centers," "day nurseries," "nursery schools," "parent cooperative preschools", "play groups" and "drop-in centers" (as licensed and registered under the Child Care Organizations Act, Act 116 of the Public Acts of 1973. Child-care centers shall not include Sunday schools, vacation bible schools or religious instructional classes.

CHURCH

An institution, place or building that is attended by persons for the purpose of participating in or convening religious services, meetings and other activities associated with the ministry or other religious objectives of the church. "Church" also includes other houses of worship commonly referred to by other terms, such as "synagogue," "mosque," "temple," "chapel" or "worship center."

CO-LOCATION

Location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building.

COMMERCIAL ACCESSORY WATERFRONT USE

The keeping, rental, launching and use of nonmotorized kayaks, canoes, rowboats, sailboats, paddleboats, paddleboards, wind surfboards and similar nonmotorized buoyant devices (except rafts), but only as a use that is accessory to a permitted principal commercial use located on a lakefront property in the B-1 or B-2 District.

COMMERCIAL COMPOSTING OPERATION

The business of providing on-site decomposition of source-separated yard waste and agricultural by-products including but not limited to leaves, grass clippings, brush, garden waste, tree trimmings, plant prunings, and similar woody waste or other vegetative by-products.

COMMERCIAL SPECIAL SALES EVENT SIGN

A temporary sign calling attention to a special sale, sales promotion or other special commercial or business event.

COMMUNITY SPECIAL EVENT SIGN

A temporary sign calling attention to special events of interest to the general public which are sponsored by governmental agencies, schools or other nonprofit, charitable, philanthropic, religious or benevolent organizations.

CONCERT

An outdoor public musical performance in which one or more singers and/or instrumentalists participate and where the musical entertainment is the principal activity.

CONDOMINIUM PLAN and SITE CONDOMINIUM PLAN

The plans, drawings and information prepared for a condominium or site condominium, respectively, as required by the Condominium Act, Act 59 of the Public Acts of Michigan of 1978, as amended, and as required by this article for review by the Planning Commission and the Township Board, and subject to their approval under the terms of this article.

CONDOMINIUM UNIT

A condominium established in compliance with the Michigan Condominium Act which consists of a volume of surface or subsurface vacant air space, designed and intended for separate ownership and use as described in the condominium master deed. For purposes of determining compliance with the applicable requirements of this chapter (including, without limitation, height, area, yard, and density requirements) and with other applicable laws, ordinances and regulations, a condominium unit shall be deemed to be a dwelling, if for residential use, or shall be deemed to be a building or portion thereof, if for an approved nonresidential use.

(1) In the case of an attached condominium, the applicable minimum requirements of this chapter, including, without limitation, height, area, yard, and density requirements, shall be applied with respect to the building in which the attached condominium is located; accordingly, the building envelope surrounding the attached condominium unit shall be established and described so as to comply with the minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements of the zone district in which the attached condominium is located.
(2) In the case of a detached condominium, the applicable provisions of this chapter, including, without limitation, height, area, yard, and density requirements, shall be applied with respect to the building comprising the detached condominium; accordingly, the building envelope surrounding the building comprising the detached condominium shall be established and described so as to comply with the minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements of the zone district in which the building comprising the detached condominium is located.

CONSTRUCTION SIGN

A sign which identifies the owners, lenders, contractors, architects, and engineers of a project under construction.

CONTRACTOR YARD

An area of land used for the purpose of parking and/or storing heavy equipment or other equipment used for earth moving, lawn maintenance and similar activities, in which such equipment is located either in a completely enclosed building or, if located out of doors, is fully enclosed or shielded, as may be required by the Township.

CUL-DE-SAC

The vehicle turnaround area that constitutes the terminus of a street.

DECK

A generally flat-surfaced platform or similar structure that may or may not be attached to a building. It is typically used for outdoor leisure activities.

DEVELOPMENT SIGN

A sign in the M-PUD District, which may be located on each street frontage of the PUD, identifying the name of the PUD and which may include such other words and images permitted in the PUD approval.

DIRECTIONAL SIGN

A sign which gives directions, instructions, or facility information for the movement of vehicles or pedestrians on the lot on which the sign is located, such as parking or exit and entrance signs, but not including commercial signs.

DRIVE-IN, DRIVE-UP or DRIVE-THROUGH FACILITIES

Any facility used to serve patrons of a business while in their motor vehicles, either exclusively or in addition to service within a building or structure, or to provide food carry-out for patrons.

DRIVEWAY

An undedicated, privately controlled and maintained easement, right-of-way, or other interest in land which provides vehicular access from a public or private street to one lot or one principal building, dwelling, dwelling unit or any combination thereof.

DRIVEWAY

An improved or unimproved route of vehicular access serving one lot or other parcel of land, or one principal building, dwelling, dwelling unit or structure, or any combination thereof.

DRIVEWAY, SHARED

A recorded easement or right-of-way or other recorded interest in land, privately controlled and maintained, which provides vehicular access from a public or private street to two lots or two principal buildings, dwellings, dwelling units or any combination thereof.

DWELLING UNIT

A room or other portion of a building, designed for use and occupancy by one family for living and sleeping purposes, with housekeeping facilities.

DWELLING UNIT, ACCESSORY

An attached or detached dwelling, subordinate to a principal single-family detached dwelling on the same lot or parcel, which contains sleeping quarters, a bathroom, living area, and kitchen facilities.

DWELLING, MULTIPLE-FAMILY

A building containing three or more individual dwelling units.

DWELLING, SINGLE-FAMILY DETACHED

A detached building designed for and occupied exclusively by one family.

DWELLING, TWO-FAMILY

A building containing two attached dwelling units.

ELECTRONIC MESSAGE BOARD

A sign consisting of an electronic light display designed to allow periodically changing messages.

ESSENTIAL SERVICE

The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment, and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment. The term "essential services" does not include wireless communication towers, unless located on public property and used as part of a municipal emergency communications network, nor does it include services rendered by persons or entities that are not certified by the appropriate regulatory body as public utilities or that are not otherwise authorized by law to operate as a public utility, except for cable television providers which have been granted a franchise by the Township.

ESSENTIAL SERVICE EQUIPMENT

Wires, mains, drains, sewers, pipes, valves, pumps, conduits, cables, fire alarm and police call boxes, traffic signals, fire hydrants, post office boxes, streetlights, or similar equipment located either entirely underground, or on poles not greater than 30 feet in height, but not including essential public service structures or buildings. Wireless communication towers and antennas and similar wireless communications equipment developed for private enterprise shall not be considered to be essential service equipment.

ESSENTIAL SERVICE STRUCTURE OR BUILDING

A building or structure owned and operated by public utilities or municipal departments and used for gas, electrical, steam, fuel, water or sewage treatment or disposal, electrical substations, sewage lift stations which are not located entirely underground, and a similar structure or building necessary to furnish adequate service within the Township, but not including essential public service equipment.

ESSENTIAL SERVICES SIGN

A sign installed and maintained by a public utility, municipal corporation, cable television company or telecommunications company for the purpose of identifying systems, installations, equipment and other components necessary for the furnishing of public utility and similar services for the public health, safety or benefit, but not including a ground sign or a wall sign identifying an office building or administrative building.

EVENT

An organized outdoor activity, not exceeding three consecutive days, at which 500 or more persons may reasonably be expected to attend the activity at any one time and where music may be provided to complement the activity but is not the principal focus of the activity. Events may include plays and other theatrical presentations; seasonal festivals or celebrations; outdoor display and sale of antiques and previously used goods and objects; outdoor display and viewing of vintage and other motor vehicles; arts and crafts exhibitions and sales; farm markets; horse shows and livestock exhibitions; organized snowmobile racing events at winter ski areas and resorts; and other similar entertainments, exhibitions and amusements.

EXISTING OR NATURAL GRADE

The grade of a site that exists or existed prior to man-made alterations, such as grading, filling, or excavating.

FAMILY

A. An individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
B. A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, halfway house, lodge, coterie, organization, group of students, or other individuals whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of a school term or during a period of rehabilitation or treatment, or is otherwise not intended to be of a permanent nature.

FAMILY CHILD-CARE HOME

A private home in which at least one but fewer than seven minor children are receiving care and supervision for periods of less than 24 hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A family day-care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

FARM

Land, buildings and other structures used for commercial farming activities, including the growing of crops, the raising of livestock and related uses and activities.

FARM IDENTIFICATION SIGN

A sign which identifies the name of the farm, or the family or person operating the farm.

FARM MARKET

The seasonal selling or offering for sale at retail of homegrown vegetables or other produce, occurring in a predesignated area, where the vendors are generally individuals who have raised the vegetables or other produce and also including the incidental sale of agriculturally related products.

FARMING ACTIVITIES

All operations of a farm such as the cultivation, conserving, and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural, floricultural, sod or horticultural commodities; the raising of livestock, bees, fur-bearing animals, freshwater fish, or poultry; and other practices on a farm that are incidental to or in conjunction with such farming activities.

FEATHER SIGN

A freestanding sign, typically consisting of a single pole or shaft, usually of plastic or metal, stuck in the ground or otherwise fastened at the base, with an attached pennant along or at the top of the shaft, consisting of fabric or some other flexible material that is usually vertically elongated and may be in the shape of a feather, teardrop or some other configuration.

FENCE

A permanent enclosure, barrier, wall, structure or gate erected and used as a means of enclosing, confining or for the purpose of delineating a boundary line.

FINISHED GRADE

The final grade of a site after grading, filling, or excavating.

FLAG SIGN

A flag which is attached to a pole and which contains the name, logo or other symbol of a business, company, corporation or agency of a commercial nature.

FLOOR AREA, GROSS

The sum of the total horizontal areas of all floors of a building, measured from the interior faces of exterior walls.

FLOOR AREA, MINIMUM

The entire area of all floors above grade in a dwelling or other residential building, except in an attached garage and also except in unheated porches or other unheated living spaces.

FLOOR AREA, USABLE

The gross area of all floors in a building, including finished attics and finished basements, but excluding storage rooms, mechanical rooms, unenclosed porches, unfinished attics, unfinished basements, garages and carports.

FRONT LOT LINE

In the case of an interior lot, the line separating the lot from the public street right-of-way or private road easement. Through and corner lots shall have two front lot lines. In the case of a waterfront lot, the front lot line is the lot line on the waterfront.

FRONT SETBACK LINE

The line marking the minimum required building and structure setback distance from the road right-of-way line or the private road easement line that establishes the distance of the minimum required front yard.

FRONT YARD

The space extending the full width of the lot, the depth of which is the furthest horizontal distance between the front lot line and the building line of the principal building. In the case of a waterfront lot, the front yard is that area between the ordinary high-water mark and the nearest building line of the principal building.

FUNERAL HOME

An establishment in which deceased persons are prepared for burial or cremation, including areas for the conducting of funeral services and the display of funeral equipment, together with associated vehicle parking areas.

GARAGE, ESTATE OR YARD SALE SIGN

A temporary sign erected to advertise the sale of personal property belonging to the resident of the property where the sale is held, including rummage sales or similar casual sales of personal property held on residential premises only.

GARAGE, PRIVATE

An accessory building or an attached portion of a dwelling used primarily for the parking or storage of motor vehicles, equipment and other possessions for the use of the occupants of the dwelling or other principal building on the parcel of land, without facilities for motor vehicle service or repair.

GOVERNMENTAL SIGN

A sign erected by a local government, county, or the state or the federal government.

GRADE, AVERAGE

The mean or midway point between the highest and lowest elevation of the ground abutting the existing or proposed location of each face of a building, wall, or other area being measured. The measurement of average grade may include the following measurements:

A. EXISTING OR NATURAL GRADE
B. FINISHED GRADE

GREENBELT

A landscaped or planted strip or buffer that serves as an obscuring screen or visual enhancement between land uses or between a land use and a public or private right-of-way.

GREENHOUSE OR NURSERY, COMMERCIAL

A retail business in which the principal activity is the selling of plants grown on the site or elsewhere and generally having outside storage, growing or display.

GROUND SIGN

A freestanding sign supported by a base which rests directly on the ground. The width of the base shall be at least 50% of the width of the sign.

GROUP CHILD-CARE HOME

A private home in which seven but not more than 12 minor children are received for care and supervision for periods 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, including a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

HISTORIC LANDMARK SIGN

A sign identifying buildings or sites designated as historic landmarks or centennial farms by state or federal agencies and other similar signs, tablets or markers pertaining to historic sites, structures or events.

HOME FOR THE AGED

A supervised personal care facility, other than a hotel, adult foster care facility, hospital or nursing home, that provides room, board, and supervised personal care to persons 60 years of age or older. "Home for the aged" includes a supervised personal care facility for persons 60 years of age or older if the facility is operated as a part of a licensed nursing home.

HOME OCCUPATION

An occupation or profession that is customarily incidental and secondary to the use of a dwelling and which is carried on in the dwelling and, if permitted, in an accessory building, but which does not include a bed-and-breakfast establishment nor the conducting of a retail business or a retail trade. A home occupation is carried on by only the residents of the dwelling and not more than one other person.

HOMES FOR THE ELDERLY AND RETIRED

An institution, other than a hospital or hotel, which provides room and board to nontransient persons primarily 55 years of age and older. Housing for the elderly may include:

A. RETIREMENT OR SENIOR HOUSING
B. HOME FOR THE AGED

HOTEL and MOTEL

A facility offering lodging accommodations to the general public for a daily or other rate and which may or may not provide additional services, such as restaurants, meeting rooms and recreational facilities.

INOPERABLE MOTOR VEHICLE

A motor vehicle which is unlicensed, uninsured and/or incapable of being operated under its own power.

JUNK

Junk shall mean, but is not limited to, inoperable vehicles; solid waste; any motor vehicles, machinery, appliances, products, or merchandise with parts missing; or scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use for the purpose for which they were manufactured.

KENNEL, COMMERCIAL

A parcel of land, building or other premises on which three or more dogs, cats, or other household pets are boarded, bred or sold for commercial purposes.

LOADING SPACE

Off-street space intended for the temporary parking of a vehicle while loading and unloading materials.

LOT

A parcel of land which is separately described on a deed or other instrument recorded in the office of the Register of Deeds, whether by metes and bounds description, as part of a platted subdivision, condominium or site condominium.

LOT AREA

The area within the property lines of a lot or other parcel of land, excluding street rights-of-way and private road easements.

LOT COVERAGE

That part of a lot or other parcel of land occupied by buildings, structures, and impervious or pervious surfaces, determined according to § 450-3.08.

LOT DEPTH

The horizontal distance between the front and rear lot lines of interior and corner lots, or between the two front lines of a through lot, measured along the median line between the side lot lines.

LOT LINES

The lines bounding a lot. See:

A. FRONT LOT LINE
B. REAR LOT LINE
C. SIDE LOT LINE

LOT OF RECORD

A parcel of land which is separately described on a deed, a platted subdivision, condominium master deed, or other instrument of conveyance and recorded in the office of the Kent County Register of Deeds as of a specified date.

LOT WIDTH

The shortest horizontal straight line distance between the side lot lines of an interior lot or through lot, or designated side and opposite front lot line of a corner lot, measured at the front lot line.

LOT, CORNER

A lot having contiguous frontage on two intersecting streets if the interior angle at the intersection of such streets is less than 135°. Also, a lot located on a curved street or streets if tangents of the curve, at the points of beginning with the lot or the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135°.

LOT, CUL-DE-SAC

A lot having more than 1/2 its required frontage on a cul-de-sac.

LOT, INTERIOR

A lot other than a corner or through lot.

LOT, THROUGH

A lot having frontage on two approximately parallel streets or on a water body and a street.

LOT, WATERFRONT

A lot having a property line abutting a shoreline.

MANUFACTURED HOME

A factory-built, single-family residential structure that is transportable in one or more sections, is built on a permanent chassis or foundation and is used as a dwelling, but which is not constructed with a permanent hitch or other device allowing transport of the dwelling unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

MANUFACTURED HOUSING COMMUNITY

A parcel of land under single ownership that is planned, designed, improved and maintained for the placement and use of manufactured housing for dwelling purposes and for permitted accessory uses.

MARINE STORAGE DEVICE

A mechanical apparatus placed on, at or near the shore of a separate land frontage on a lake or other body of water for the purpose of holding, mooring or otherwise confining a motorboat or other watercraft in, on or above the water in the lake or other body of water.

MASTER PLAN

The Cannon Township Master Plan.

MINERAL MATERIAL

Sand, gravel, soil, topsoil, dirt or similar earthen material, or any of them, and in any combination thereof.

MINI WAREHOUSE or SELF-STORAGE

A building, or group of buildings, in a controlled access and/or fenced compound that contains individual and controlled-access stalls or lockers for the storage of a customer's goods or possessions.

MOTOR VEHICLE REPAIR

A garage, building or area used primarily for the repair of automobiles, trucks, boats, farm equipment, trailers or similar motor vehicles.

MOTOR VEHICLE SERVICE STATION

A building, land area or other premises where petroleum-based fuels or other petroleum products are sold, light maintenance of motor vehicles may be conducted and convenience goods or services may be offered, but not including major motor vehicle maintenance such as engine overhaul, vehicle painting and the like.

MOTOR VEHICLE WASH FACILITY

A building, land area and other premises and equipment designed and used for the washing and cleaning of motor vehicles, whether by means of automated equipment or with equipment designed to be used by customers for the washing and cleaning of motor vehicles driven to the premises for that purpose.

MULTIVISION SIGN

A sign that has an image or images on a sign display face that presents or is capable of presenting sequentially two or more separate images, in whole or in part, by means of components or devices such as rotating cylinders or slats that turn to change a sign image.

NAMEPLATE

A nonilluminated, on-premises sign giving only the name, address and/or occupation of an occupant or group of occupants, for residential purposes only.

NONCONFORMING BUILDING

A building or portion thereof lawfully existing at the effective date of this chapter or amendments thereto, but not conforming to the current provisions of this chapter.

NONCONFORMING LOT

A lot lawfully existing at the time it was created that does not conform to the current provisions of this chapter.

NONCONFORMING USE

A use or activity lawfully existing on the effective date of this chapter or amendments thereto but not conforming to the current provisions of this chapter.

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NUISANCE

Any thing, condition, or conduct that endangers health and safety, or that unreasonably and substantially offends the senses, or substantially obstructs the free use and comfortable enjoyment of property.

NURSING HOME

A nursing care facility that provides organized nursing care and medical treatment for persons suffering or recovering from illness, injury, or infirmity. "Nursing home" does not include a unit in a state correctional facility, a hospital, a veterans' facility, or a hospice residence.

OFF-PREMISES SIGN

A sign which relates to or advertises an establishment, product, merchandise, good, service or entertainment not located, sold, offered, produced, manufactured or furnished at the property on which the sign is located (including, but not limited to, billboards).

OFF-STREET LOADING AREA

An area of land providing space for the loading and unloading of delivery trucks and other commercial vehicles, for the delivery of goods, commodities and merchandise to stores and other commercial uses, and for the picking up and hauling away of objects, materials, discarded items and the like from land uses and locations.

OFF-STREET PARKING LOT

An area of land providing motor vehicle parking spaces, along with adequate drives and maneuvering aisles, for the parking of more than three vehicles, other than in connection with a single-family or two-family dwelling.

ON-SITE SERVICE WECS

A single WECS placed upon a lot or parcel with the intent to service the energy needs of only the structures and uses on the same lot or parcel.

ON-SITE SERVICE WECS

A single WECS placed upon a lot or parcel with the intent to service the energy needs of only the structures and uses on the same lot or parcel.

OPEN-AIR BUSINESS

A business, a substantial part of which involves activities for the display and sale of goods outside of a building, including motor vehicle and boat sales, lawn and garden centers, golf driving ranges, and similar uses.

ORDINARY HIGH-WATER MARK

A line identified as a topographic elevation contour between upland and bottomland, which persists through successive changes in water levels, below which the presence and action of water is so common or recurrent that the character of the bottomland is markedly distinct from that of the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. If water levels vary for purposes of water level management, the ordinary high-water mark shall be the higher of the levels generally present.

The ordinary high-water marks for Lake Bella Vista, Silver Lake and Bostwick Lake have been legally established and shall be as follows:

A. Lake Bella Vista: 828 feet above mean sea level.
B. Bostwick Lake: 850 feet above mean sea level.
C. Silver Lake: 853 feet above mean sea level.

OUTDOOR RECREATION USES

The land area, buildings, off-street parking areas and other designated land, specialized structures, bodies of water and other facilities, publicly or privately owned, for the purpose of enabling customers, visitors and others to engage in leisure-time activities. Such uses may include parks, playgrounds, athletic fields, golf courses, ski resorts, hunting grounds and similar outdoor recreation facilities and pursuits involving predominantly open space.

OUTPATIENT MEDICAL OFFICES AND FACILITIES

A building and associated site improvements designed and used for the providing of medical and health services for patients who do not usually remain in the facility overnight. Such medical and health services may include physician services rendered in a medical office, and other medical or surgical care which need not be rendered in a hospital. Such facilities may include associated services and uses for the benefit of outpatients, including laboratories and other specialized medical facilities that need not necessarily be located in a hospital.

PARKING LOT ISLAND

A landscaped and planted area within a parking lot, separated by curbing or other means from parking spaces and maneuvering aisles, and located within the interior of a parking lot or at its boundaries or corners.

PARKING LOT or PARKING AREA

A facility providing vehicular parking spaces, along with adequate drives, aisles, and maneuvering space to allow unrestricted ingress and egress for at least two vehicles.

PARKING SPACE

An off-street, paved space of sufficient area to conveniently accommodate the parking of a motor vehicle, and located adjacent to necessary driveways and maneuvering aisles.

PATIO

A level, hard-surfaced area on the ground, adjacent to or in the vicinity of a principal building, and which is located substantially at grade and which has no walls or a roof.

PEDESTRIAN SIGN

A portable sign held or worn by a person standing, walking or otherwise located out of doors on either public or private property for the purpose of displaying the sign to passing motorists, pedestrians or other persons on the property where the person is located or on a nearby public street or sidewalk or other lands, and for the further purpose of directing attention to a business, product, service, event or other item or matter referred to on the pedestrian sign.

PERMITTED LAND USE

A land use that is permitted by right in a zone district, subject to applicable requirements of this chapter.

PLACARD

A sign not exceeding two square feet which provides notices of a public nature, such as "no trespassing" or "no hunting" signs or "gas main" signs.

PLANNING COMMISSION

The Cannon Township Planning Commission.

POLE SIGN

A sign, not attached to a building or wall, supported on poles or similar supports.

POLITICAL SIGN

A temporary sign relating to an election called by a governmental body.

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PORCH, ENCLOSED

A roofed structure with walls whose surface area is at least 50% glass or screen, attached to or a part of a building and which provides direct access to and from the building.

PORCH, UNENCLOSED

A roofed structure without walls, attached to or a part of a building and which provides direct access to and from the building.

PRINCIPAL USE

The primary use or activity occurring or which could occur on a parcel of land or in a building or structure, excluding any accessory use or accessory building or accessory structure located on the same parcel of land.

PRIVATE ROAD

A nonpublic road that provides the means of vehicular access to three or more lots or other parcels of land, or three or more buildings, dwellings, dwelling units or structures, or a combination thereof.

PUBLIC UTILITY

Any person, firm, corporation, municipal department, board, or commission duly authorized to furnish, under federal, state or municipal regulations, to the public, electricity, gas, steam, communications (excluding wireless communications), telegraph or transportation services.

REAL ESTATE SIGN

A sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.

REAR LOT LINE

That lot line opposite and most distant from the front lot line. In the case of a corner lot, the property owner may treat one of the lot lines opposite either of the two front lot lines as the rear lot line. In the case of a triangular lot, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line or wholly within the lot. A through lot has no rear lot line.

REAR SETBACK LINE

The line marking the minimum required setback distance from the rear lot line that establishes the minimum distance for the required rear yard.

REAR YARD

The space extending the full width of the lot, the depth of which is the furthest horizontal distance between the rear lot line and the nearest building line of the principal building. In the case of a corner lot, the rear yard may be opposite either street frontage. A through lot does not have a rear yard, but rather has two front yards, one opposite each nonintersecting street abutting the through lot.

RECREATIONAL VEHICLE

Vehicles or equipment used primarily for recreational purposes, including but not limited to motor homes, travel trailers, camper trailers, pop-up campers, boats, snowmobiles, motorcycles, dune buggies, and trailers used to transport them, and similar vehicles.

REQUIRED MINIMUM FRONT YARD

That portion of the front yard located between the street right-of-way line and the required minimum front yard building setback line; in the case of a waterfront property, the minimum required front yard is that portion of the front yard located between the ordinary high-water mark of the body of water and the required minimum front yard building setback line.

REQUIRED MINIMUM REAR YARD

That portion of a rear yard located between the rear lot line and the required minimum rear yard building setback line.

REQUIRED MINIMUM SIDE YARD

That portion of a side yard located between a side lot line and the required minimum side yard building setback line.

RESIDENTIAL DISTRICT

The RR, R-1, R-2, R-3, MHC, LR and R-PUD Districts.

RETIREMENT OR SENIOR HOUSING

Age-restricted housing, primarily for those who are 55 years of age or older, which may include detached and attached dwelling units, and may provide personal care, and supervision of medication, safety amenities and adaptations for physical impairments, central dining facilities and may provide other services, such as recreation, personal services, limited health facilities, and transportation.

ROAD, PRIVATE

A nonpublic road, located within a dedicated easement, which provides the means of vehicular access to three or more lots or other parcels of land, or three or more principal buildings, dwellings, dwelling units or structures, or any combination thereof.

ROAD, PUBLIC

A right-of-way, easement, or other interest in land which has been conveyed or dedicated to, and accepted by, the county, state, or other governmental entity for the purpose of providing vehicular access to abutting land.

ROADSIDE STAND

A building or structure designed and used for the seasonal display and sale of primarily agricultural products grown on the same premises.

ROOF SIGN

A sign erected above the roofline of a building. The roofline of a building is defined as the top of a roof or parapet wall, whichever is higher, but not including any cupola, chimney, spire or other minor projection.

SALVAGE YARD

An open area where waste, used, or secondhand materials are bought and sold, exchanged, stored, bailed, packed, disassembled, crushed, melted, or otherwise handled. Scrap materials include but are not limited to scrap iron and other metals, paper, rags, tires, bottles, automobiles and automobile parts, wood and construction materials. A "salvage yard" includes automobile wrecking yards, but does not include salvage uses established entirely within enclosed buildings.

SETBACK

The minimum required horizontal distance by which specified buildings and structures must be set back from a lot line and/or street right-of-way line.

SEXUALLY ORIENTED BUSINESS

A sexually oriented business includes, but is not limited to, an adult bookstore or adult video store; an adult nightclub or cabaret, bar or restaurant; an adult motel; an adult motion-picture theater; and other establishments catering to adult patrons and which may involve the actual or depiction of specified anatomical areas and/or specified sexual activities, as those terms are commonly understood, or by means of video, motion pictures, photographic reproductions or other visual media, or in which a person or persons may appear in a state of nudity or in live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas.

SHARED DRIVEWAY

An improved or unimproved route of vehicular access from a public or private street to two lots or two other parcels of land or two principal buildings, dwellings, dwelling units, or any combination thereof.

SIDE LOT LINE

The lot lines connecting the front and rear lot lines of an interior lot or connecting the front lot lines of a through lot; and the one lot line connecting the front and designated rear lot line of a corner lot.

SIDE SETBACK LINE

The lines marking the minimum required setback distance from the side lot lines that establish the distance for the minimum required side yards.

SIDE YARD

The space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the furthest horizontal distance from the side lot line to the nearest building line of the principal building.

SIGN

A device, structure, fixture, or placard which may or may not use graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying an establishment, product, service, or activity.

SITE CONDOMINIUM UNIT

A condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of surface or subsurface vacant air space, designed and intended for separate ownership and use as described in the site condominium master deed, and within which a building or other improvements may be constructed by the condominium unit owner. For purposes of determining compliance with the applicable requirements of this chapter (including, without limitation, minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements) and with other applicable ordinances, a site condominium unit shall be regarded as the equivalent of a lot or parcel of land.

SNIPE SIGN

A sign that is attached to a utility pole, tree, fence, or similar object that is located on public or private property.

STABLE, COMMERCIAL

Buildings and grounds where horses are boarded or are made available for riding or for riding lessons for compensation.

STABLE, PRIVATE

Buildings and grounds used for the boarding of horses which are owned by the owners or occupants of the facility, and which are not open to the general public.

STORY

That part of a building included between the surface of any floor above the ground at the building foundation and the surface of the next floor or, if there is no floor above, then the ceiling next above.

STREET

An easement, right-of-way or other interest in land established and/or used for the purpose of providing vehicle access to abutting land. The term "road" may be used interchangeably with the term "street." A street shall be a public street or a private street.

STRUCTURE

Anything constructed or erected in or upon the ground and having a permanent location in or upon the ground, including, though not limited to, buildings, accessory buildings, sheds, patios, gazebos, tennis courts, swimming pools, radio, television and communications towers, decks and platforms, unless otherwise stated in this chapter. Lawful fences or walls, utility poles, basketball goals, mailboxes, sidewalks, driveways, streets, parking areas, retaining walls, or sea walls shall not be considered to be structures for purposes of this chapter.

SUBDIVISION SIGN

A sign identifying or recognizing a platted subdivision, site condominium, multifamily or other residential development, industrial park, or shopping center.

TEMPORARY SIGN

A sign that is not permanent or affixed to a building or structure, is intended to be placed or installed for only a limited period of time, and may be intended to be moved from one location to another, such as an A-frame sign or a sign with attached wheels or similar mechanism.

VARIANCE

A departure from or modification of any requirement of this chapter as authorized by the Zoning Board of Appeals under the provisions of this chapter and the Zoning Enabling Act, Act 110 of the Public Acts of Michigan of 2006, as amended.

VEHICLE REPAIR, MAJOR

Any major activity involving the repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rust proofing; refinishing or steam cleaning.

VEHICLE REPAIR, MINOR

A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile accessories such as tires, radios and air conditioners; wheel alignment, and balancing; but excluding tire recapping or grooving or any major mechanical repairs, collision work, or painting.

VEHICLE SIGN

A sign affixed, painted or drawn on a vehicle or trailer, the primary purpose of which is to advertise or identify an establishment, product, service or activity, rather than merely to identify the vehicle or trailer while it is being used for transport, delivery or similar purpose, but excluding a sign on a licensed vehicle or trailer being parked overnight or otherwise being parked for a time of short duration and associated with the use of the vehicle or trailer for travel, transport, delivery or the like.

WALL

A structure constructed of wood, masonry, or brick, of definite height and location, which serves as a visual screen.

WALL SIGN

A sign painted or attached directly on or parallel to the exterior wall of a building, and which extends no greater than 12 inches from the exterior face of the wall to which it is attached or which is painted, and does not project beyond either side of the wall to which it attaches or above the roofline of the building to which it is attached.

WAREHOUSE

A building used primarily for the storage of goods, materials and commodities, and including associated driveways, vehicle circulation areas and off-street parking areas. A warehouse may include the storage of goods, materials and commodities on a wholesale basis, prior to their distribution for retail sale, and it may also include a warehouse established and used by a business to store its own goods, products and materials for later sale or other commercial use.

WATERCOURSE

Any waterway, river, stream, inland lake or pond or other body of water having definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water. The term "watercourse" does not include lakes or ponds constructed by excavating or diking dry land and maintained for the sole purpose of cooling or storing water, and does not include lagoons used for treating polluted water.

WECS HEIGHT

The distance between the ground (at normal grade) and the highest point of a WECS, as measured from the ground (at normal grade) to the highest point of the WECS (being the tip of the blade, when the blade is in the full vertical position).

WECS HEIGHT

The distance between the ground (at normal grade) and the highest point of a WECS, as measured from the ground (at normal grade) to the highest point of the WECS (being the tip of the blade, when the blade is in the full vertical position).

WETLAND

Land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life. Wetlands are regulated by Part 303, Wetlands Protection, of the Michigan Natural Resources and Environmental Protection Act as amended.

WIND ENERGY CONVERSION SYSTEM (WECS)

The equipment, structures and land area designed and used for the purpose of converting the mechanical energy resulting from the force of wind into electrical energy. Such systems will typically include a tower with rotor blades and a shaft, gears and other equipment designed to convert the rotation of the blades into a form suitable for driving a generator or other electricity-producing device. Such a tower and equipment may be ground-mounted or building-mounted.

WIND ENERGY CONVERSION SYSTEM (WECS)

The equipment, structures, land area and other components designed and operated for the purpose of converting wind energy into electrical energy and consisting of the following: (1) A surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical power; (2) A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; (3) The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy, housed in a nacelle; (4) The tower, pylon, building mount or other structure upon which any, all, or some combination of the above are mounted; and (5) Other components not listed above but associated with the normal construction, operation, and maintenance of a WECS.

WIND ENERGY CONVERSION SYSTEM (WECS)

A combination of: (1) A surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical power; and (2) A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; and (3) The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy, housed in a nacelle; and (4) The tower, pylon, building mount or other structure upon which any, all, or some combination of the above are mounted. (5) Other components not listed above but associated with the normal construction, operation, and maintenance of a WECS.

WINDOW SIGN

A sign which is applied or attached to the inside of any building window and visible from the exterior.

WINTER SKI AREA OR RESORT

An outdoor recreation area, of at least 80 acres, that consists primarily of facilities for snow skiing and/or similar winter sports to be engaged in by customers and/or members, and that has been granted a current Township special land use as an outdoor recreation area under § 450-5.03.20, is fully in compliance with the special land use and is located in the Rural Residential/Agricultural District.

WIRELESS COMMUNICATIONS FACILITIES

All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices, personal communication transmission equipment, microwave relay towers, telephone transmission equipment, commercial mobile radio service facilities and facilities for internet service. This definition does not include a television or radio reception antenna for an individual lot or other parcel of land.

WIRELESS COMMUNICATIONS SUPPORT STRUCTURES

Structures erected or modified to support wireless communications antennas. Support structures within this definition include, but are not limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures used to support wireless communication antennas.

YARD, REQUIRED

A. Types.

(1) REQUIRED MINIMUM FRONT YARD
(2) REQUIRED MINIMUM REAR YARD
(3) REQUIRED MINIMUM SIDE YARD

B. A required yard is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.

YARDS

The open spaces on a lot or other parcel of land located between a principal building or a principal structure and a lot line. Such open spaces are unoccupied and unobstructed from the ground upward except as otherwise permitted in this chapter. The term "required yard" shall refer to that portion of the yard lying between the lot lines and required setback lines.

ZONING ACT

The Michigan Zoning Enabling Act, Michigan Public Act 110 of 2006, as amended.

ZONING ADMINISTRATOR

The person designated by the Township Board to administer the provisions of this chapter.

ZONING BOARD OF APPEALS

The Township Zoning Board of Appeals.

ZONING DISTRICT

A portion of the Township, shown on the Township Zoning Map, within which certain uses of land, buildings and structures are permitted and within which specified regulations and requirements apply under the provisions of this chapter.

Township of Cannon, MI

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