Hamlin Township Zoning Ordinance No. 34

Effective April 15, 1994

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ARTICLE 3..... DEFINITIONS

3.01 RULES APPLYING TO THE TEXT
For the purpose of this ordinance, certain terms and words are herein defined as follows:
A. Words used in the present tense include the future tense.
B. Words used in the singular number include the plural number, and words in the plural number, include the singular number.
C. The word "building" includes the word "structure".
D. The word "shall" is mandatory not directory. E. Ant words not herein defined shall be construed as defined by the State Building Code of Michigan and amendments thereto.
3.02 ACCESSORY BUILDING
A building subordinate to and located on the same lot with a main building or to the use of the land that is not attached by any part of a common wall or common roof to the main building.
3.03 ACCESSORY USE
A use of a building, lot or portion thereof that is customarily incidental and subordinate to the principal use of the main building or lot.
3.04 AUTOMOBILE/TRAILER SALES AREA
Any space used for display, sale or rental of motor vehicles or trailers, in new or used operable condition and no repair work is done."
3.04 BASEMENT
A portion of a building or a portion of a room located primarily below and partly above grade in which the vertical distance from grade to the floor below is greater than the vertical distance from grade to the ceiling.
3.05 BOARDING OR LODGING HOUSE
A use that is subordinate to the principal use of a dwelling as a single-family dwelling unit in which persons reside for more than 7 days at a time on a non transient basis in return for payment, excluding bed and breakfast establishments, which are considered home occupations.
3.06 BUILDING
A structure erected on a site, a mobile home or mobile structure, or a pre manufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.
3.07 BUILDING HEIGHT
The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface.
3.08 COMMERCIAL RECREATION ESTABLISHMENT
Commercial establishments related to recreational activities, such as but not limited to billiard or pool halls, indoor theatres, bowling alleys, miniature golf courses, driving ranges, skating rinks and video arcades.
3.09 DOG KENNEL
A place for the keeping, raising, grooming, breeding, selling, or boarding of three or more dogs.
3.10 DWELLING, MULTIFAMILY
A building designed for and containing three or more dwelling units.
3.11 DWELLING, SINGLE-FAMILY
A building designed for and containing one dwelling unit.
3.12 DWELLING, TWO-FAMILY
A building designed for and containing two separate dwelling units.
3.13 DWELLING UNIT
A building or a part of a building having a separate entrance and having separate living, kitchen and bath areas.
3.14 EARTHBOUND HOME
A dwelling unit that is designed to be energy efficient with sides partially or completely below grade.
3.15 ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or Hamlin Township departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems; collections; communications; supply or disposal systems, including poles, wires, mains, drain sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, telephone exchange and/or repeater buildings, electrical substation buildings, and other similar equipment and accessories in connection therewith, but not including any buildings except those expressly preferred (sic) to herein, reasonably necessary for the furnishing of adequate service by such public utilities or Hamlin Township departments or commissions and for the public health, safety or general welfare.
3.16 FAMILY
One or more persons living together as a single, nonprofit housekeeping unit, organized as a single entity in which the members share common kitchen facilities in a domestic relationship based on consanguinity, marriage, adoption or other domestic bond. This definition does not include any society, association, organization or any other group whose domestic relationship is of a transitional or seasonal nature or for an anticipated limited duration.
3.17 FARMING
All of the unplatted, contiguous, neighboring, or associated land operated as a single unit on which agricultural operations are conducted by the owner-operator, manager or tenant farmer by his or her own labor or with the assistance of members of his or her household or hired employees, however provided further that greenhouses, nurseries, orchards, apiaries, chicken hatcheries, poultry farms and similar specialized agricultural enterprises may be considered as farms; but establishments keeping or operating fur bearing animals, game fish hatcheries, dog kennels, stock yards, slaughterhouses, stone quarries or gravel or sand pits shall not be considered farms or bona fide farm operations on the same continuous tract of land. Also, premises operated as fertilizer works; bone yards; piggeries; animal matter reduction operations or operations for the disposal of garbage, sewage, rubbish, offal or junk shall not constitute a farm hereunder.

3.18 FENCE
A structure that serves as a barrier or screen.

3.19 FLOOR AREA
The area of the ground floor computed by measuring the dimensions of the outside walls of a building, excluding mobile home extenders, decks, porches, patios, terraces, breezeways, carports, verandahs, garages, unfinished attics, attic floor areas with less than a 5 foot distance from floor to the finished ceiling, and basements.

3.20 GARAGE
Any building designed for the housing of vehicles.
3.21 GRADE
That surface of finished earth material located adjacent to a building or structure or the degree of inclination of a road or slope.
3.22 HOME OCCUPATION
A gainful occupation or profession that is traditionally or customarily carried on by an inhabitant of a dwelling unit as a use that is clearly incidental to the use of the dwelling unit for residential purposes and, therefore, not involving the conduct of a manufacturing business of any kind on the premises.
3.23 JUNK
Used articles or used pieces of iron; scrap metal; automobile bodies; parts of machinery; junked or discarded machinery; used lumber; ashes; garbage; industrial byproducts or waste; empty cans, food containers, or bottles; crockery; utensils of all kind; boxes; barrels; and all other articles customarily considered trash or junk and that are not housed in a building.
3.24 JUNK VEHICLE
Any unlicensed vehicle or vessel that is inoperable for a period in excess of six months.
3.25 LOT
Land occupied or to be occupied by a principal use and its accessory buildings having the required frontage on a street. Lot area shall not include any part of a public right-of-way. (In the case of a site condominium, the units must meet the requirements of a lot under the ordinance and shall then be considered to be the equivalent of a lot.)
3.26 LOT AREA The total horizontal area included within lot lines, excluding road rights-of-way.
3.27 LOT, CORNER i A lot located at the intersection of two streets or a lot bounded on two sides by a curving street, any two chords of which form an angle of 135 degrees or less, as measured on the lot side.
3.28 LOT DEPTH The mean horizontal distance from the road right-of-way to the rear lot line.
3.29 LOT WIDTH The mean horizontal distance from the side lot lines, measured at the required front setback line.
3.30 MINERAL EXTRACTION OPERATION
The extraction and/or excavation of sand, gravel, topsoil, clay, earth, marl, peat, or any other nonrenewable earth material not regulated in the Mine Reclamation Act, Act 92 of the Public Acts of 1970, as amended, in a regular commercial operation by excavating directly from such resources lying exposed in their natural state or by removing any overburden lying above such resources,
3.31 MOBILE HOME
A structure, transportable in one or more sections, that is built on a chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. "Mobile home" does not include a recreational vehicle.
3.32 MOBILE HOME PARK
A parcel or tract of land upon which three or more mobile homes are located on a continuous, nonrecreational basis that is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, enclosure, street, equipment, or facility used or intended for the occupancy of a mobile home.
3.33 MOTEL
A building made up of three or more separate living or sleeping quarters used independently of each other and used primarily for overnight accommodations.
3.34 NONCONFORMING BUILDING, USE, OR LOT
A building, use, or lot that was lawful under the terms of the ordinance in effect at the time of its construction or origination but that, under the terms of this ordinance as enacted or amended, is no longer permissible because of requirements regarding the height, yards, size, area, coverage, orientation, or other characteristics.
3.35 OFFICE
A room, suite of rooms, or building in which desks; chairs; tables; couches; bookcases; or accounting, filing, recording, communications, and/or stenographic equipment are located for current use in the office business and in which personnel engaged in executive, administrative, professional, political, informative, research, and/or clerical duties and in which other similar, related, or incidental furniture, equipment, or personnel connected or concerned with the performance of a personal service.
3.36 PRINCIPAL BUILDING
The building or structure for which the primary approved or principal use takes place.
3.37 PRINCIPAL USE The primary intended or approved use,
3.38 PUBLIC OR INSTITUTIONAL USE Churches; accredited public, parochial, or private schools; trade schools or colleges; hospitals and elderly-care facilities; parks and nonprofit recreational uses; libraries; government-owned facilities; cemeteries; and fire stations or similar uses providing service necessary to the community.
3.39 PUBLIC STORAGE FACILITY
A privately owned warehouse, rented or leased, for storage of the public's private possessions
3.40 RECREATIONAL VEHICLE
A vehicle designed to be used primarily for recreational purposes, including temporary sleeping quarters and/or cooking facilities, or a unit designed to be attached to a vehicle and used for such purposes, including self-propelled motor homes, pickup campers, travel trailers, and tent trailers,
3.41 RENTAL CABIN
Any building or structure that is maintained, offered, or used for overnight sleeping quarters or for temporary occupancy by transients.
3.42 RESORT
Any site, lot, field, tract, or parcel of land on which two or more rental cabins or a lodge are located for recreational purposes.
3.43 SETBACK
The minimum horizontal distance a building or structure or any portion thereof is required to be located from the boundaries of the lot or parcel of land upon which the same is situated.
3.44 SIGN
Any structure, device, material, or thing that displays numerals, letters, words, trademarks, or other representation used for direction or designation of any person, firm, organization, place, product, service, business, or industry that is located upon any land or any building in or upon a window or indoors in such a manner as to attract attention from outside the building.
A. Billboard: Any structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment that is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed, or fabricated on such land.
B. Business Sign: A sign that advertises goods or services offered on the premises of a permitted commercial or industrial business operation.
C. Directional Sign: Any structure on the same premises it identifies that serves (1) only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution; (2)only to tell the name or address of a multifamily development, subdivision, or mobile home park; or (3) only to inform the public as to the use of a parking area.
D. Nameplate: A structure affixed flat against the wall of a building that serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.
E. Real Estate Sign: Any temporary structure used only to advertise with pertinent information on the sale, rental, or leasing of the premises upon which it is located.
F. Subdivision Sign: A sign that advertises the entrance to a residential development, including subdivisions, site condominium developments, mobile home parks, and multifamily dwellings.
3.45 SIGN AREA
The surface of a sign used to convey the message, exclusive of necessary supports or any appurtenances required by the building code. The area of open sign structures consisting of letters or symbols without a solid surface in between shall be calculated as the basis of the total area within the perimeter of the group of letters and/or symbols. The area of a double-faced sign that is constructed back-to-back as a single unit shall be calculated according to the surface area of one side only.
3.46 STORY
That part of a building included between the surface of any floor and the surface of the next floor or of the roof next above. When the distance from the average established grade to the ceiling of a story partly below such grade exceeds 5 feet, the basement or cellar constituting the story partially below grade shall be counted as a story.
3.47 STORY, HALF
A story that is situated within a sloping roof, the area of which, at a height of 4 feet above the floor, does not exceed two-thirds of the floor area directly below it, wherein living quarters are used only as a part of the dwelling situated in the story below.
3.48 STRUCTURE
Anything constructed, assembled, or erected, the use of which requires location on the ground or attachment to something having location on or in the ground. This term shall include tanks, towers, advertising devices, bins, tents, trailers, or similar structures on wheels or other support used for business or living purposes. The word "structure" shall not apply to wires and their supporting poles, to frames of electrical or telephone utilities, to service utilities located below the ground, or to fences.
3.49 YARD
A required open space unoccupied and unobstructed by any principal use or building or portion thereof from 30 inches above the general ground level of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
A. Front Yard: A yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way line and the nearest point of the principal building, as measured by a perpendicular straight line drawn along the shortest distance between the right-of-way line and the nearest point of the principal building.
B. Rear Yard: A yard extending across the full width of the lot, the depth of which is the distance between the rear lot line and the nearest point of the principal building, as measured by a perpendicular straight line drawn along the shortest distance between the rear lot line and the nearest point of the principal building.
C. Side Yard: A yard between a principal building and the side lot line extending from the front of the main building to the rear of the principal building, as measured from the nearest point of the side lot line to the nearest part of the principal building or that part of the yard not included within the front or rear yard.

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