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******* Ord.#6 - Definitions
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ZONING ORDINANCE
(Ord. No.6)
 
ARTICLE TWELVE
 
300.220           DEFINITIONS
 
For the purpose of this ordinance, the following terms are herewith defined:
(Ord. No.6, Eff. May 1, 1981)
 
300.221           Accessory building.
 
Sec. 12.01. Subordinate building or portion of the principal building, the use of which is incidental to that of the principal building; also farm out houses, stables, barns or other buildings located on lands being used for farming or truck gardening and for the purpose of carrying on such business upon the premises. (Ord. No.6, Eff. May 1, 1981)
 
300.221A Broadcast towers.
 
Sec. 12.01A. Antenna towers and masts for broadcast radio service and telephone relay which shall comply with the following standards in addition to those imposed by Berrien Township Building Code.
 
A.     Tower shall be of the minimum height necessary to serve its intended function.
 
B.     It is not feasible to provide equivalent service by locating the antenna on an existing tower or other existing structures in the Township.
 
C.     The tower will not have an adverse impact on significant views from properties within one-quarter mile of the tower site. For purposes of the section, a significant view is defined as a view from residential property which has one (1) or more of the following characteristics.
1.      A view from a residence and its immediate perimeter which encom­passes landscape features substantially free of man-made alteration, as a result of the unique topographic siting of the home.
2.      A view which is a dominant feature of residential building site, and which contributes significantly to the value of the residential building site, as evidenced by the siting of a dwelling unit on the site, the size, number and orientation of windows on the structure and location and orientation of improved outdoor spaces on the site, such as patios and decks.
 
D.     Any building housing equipment needed for operation of the tower shall be of a size, type and exterior materials which are aesthetically and architec­turally compatible with the surrounding area and as minimally obtrusive as possible. A security fence shall be erected around any building and any freestanding tower for safety. Non-freestanding towers will have the tower base, building and each guy cable anchor fenced the same. The security fence shall be six (6) feet minimum height.
 
E.      The applicant shall provide documentation for any lighting to be installed on the tower. If the lighting is required or proposed, the tower may not be approved unless the Planning Commission determines that it will not have a significant adverse aesthetic impact on properties and residents of the surrounding area.
 
F.      The transmitting facilities shall not interfere with any radio or TV trans­mission or reception in the surrounding area.
 
G.     Towers shall be designed to withstand a uniform wind loading as prescribed in the building code.
 
H.     The plans of the tower construction shall be certified by a registered engineer or architect.
 
I.        The applicant must present to the Planning Commission copies of all state and federal permits (FCC, FAA, etc.) licenses, approvals, conditions and rulings pertaining to the proposed use and must guarantee compliance therewith.
 
J.       The owner/operator of the tower shall agree to permit use of the tower by other broadcast radio service providers, on reasonable terms, so long as such use does not conflict with the owner/operator's use of the tower, or exceeds design of the tower.
 
K.    Owner shall provide a bond to Berrien Township to cover the cost of removal of said tower. If for any reason, the tower ceases 'operation or is abandoned, it shall be removed from the site by the tower owner within six (6) months of termination of service.
 
L.      Setback of the tower from property lines shall be the height of tower and antennas plus ten (10) percent of that height.
(Amend. of May 12, 1998)
 
300.222           Building.
 
Sec. 12.02. A structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed prima­rily for the shelter, support or enclosure of persons, animals or property of any kind.
(Ord. No.6, Eff. May 1, 1981; Ord. No.9, Eff. Apr. 15, 1983)
 
300.223           Zoning administrator.
 
Sec. 12.03. The person charged with administration and enforcement of this ordinance and also known as the Zoning Administrator.
(Ord. No.6, Eff. May 1, 1981)
 
300.224           Curb level.
 
Sec. 12.04. The mean level of the established curb or grade in front of the building where no curb or grade has been established, the Township Engineer shall establish such curb level for the purpose of these regulations.
(Ord. No.6, Eff. May 1, 1981)
 
300.225           Dwelling.
 
Sec. 12.05. Any building or part thereof occupied as the home, residence or sleeping place of one or more persons either temporarily or permanently.
 
1.      Single-family dwelling shall mean a dwelling occupied by one (1) family alone.
 
2.      Two-family dwelling shall mean a building occupied by two (2) families.
 
12.05A Dwelling, single-family. A building containing not more than one (1) dwelling unit designated for residential use, complying with the following standards:
 
(1) It complies with the minimum square footage requirements of this ordi­nance for the zone in which it is located.
(2) It has a core area of living space of at least 20 feet by 20 feet in size and complies in all respects with the Township Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Township Building Code, then and in that event such federal or state standard or regulation shall apply.
 
12.05B Dwelling, two-family. A building containing not n10re than two sepa­rate dwelling units designed for residential use and it has a minimum width across any front, side or rear elevation of 20 feet and complies in all respects with the Township building code, including minimum heights for habitable rooms.
 
12.05C Dwelling, multiple-family. A building containing three or more dwell­ing units designed for residential use and it has a minimum width across any front, side or rear elevation of 20 feet and complies in all respects with the Township building code, including minimum heights for habitable rooms.
(Ord. No.6, Eff. May 1, 1981; Ord. No.9, Eff. Apr. 15, 1983; Ord. No. 13, Eff. Jun. 11, 1985; Ord. No. 20, Eff. Apr. 9, 1990)
 
300.226           Erected.
 
Sec. 12.06. Includes built, constructed, reconstructed, moved upon or any physical operation of the premises intended or required for a building or structure. Excavation, fill, drainage, land-clearing, and general property improve­ments shall not be considered as an erection.
(Ord. No.6, Eff. May 1, 1981)
 
300.227           Garage, private.
 
Sec. 12.07. A garage with capacity for not more than three (3) steam or motor driven vehicles, for storage only.
(Ord. No.6, Eff. May 1, 1981)
 
300.228           Garage, public.
 
Sec. 12.08. Any building or premises used for housing or care of more than three (3) steam or motor driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
(Ord. No.6, Eff. May 1, 1981)
 
300.228A        Gasoline station.
 
Sec. 12.08A. A facility for the sale of fuel and motor oil to the motoring public.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 13, Eff. Jun. 11, 1985)
 
300.229           Height of building.
 
Sec. 12.09. The vertical distance measured from the average grade to the level of the highest point of the building.
(Ord. No.6, Eff. May 1,1981)
 
300.230           Highway.
 
Sec. 12.10. Any public thoroughfare including roads and streets, but not alleys.
(Ord. No.6, Eff. May 1, 1981)
 
300.231           Home occupation.
 
Sec. 12.11. Occupations engaged in within a dwelling by the resident or residents of the same complying with the following conditions and limitations:
 
1.      Are operated in their entirety within the dwelling and not within any garage or accessory building located upon the premises, except for incidental storage in or use of a residential-type garage upon the premises.
2.      Are only conducted by the person or persons occupying the premises as their principal residence a major portion of each month; provided, however, the Township Board of Trustees shall have the authority to permit additional subordinate assistants who do not reside within said dwelling where the same would not materially impair the residential character of the neighbor­hood or cause traffic congestion or parking problems. Inno event, however, shall such additional assistants exceed three in number.
3.      The dwelling has no exterior evidence, other than a permitted sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.
4.      The occupation conducted therein is clearly incidental and subordinate to the principal use of the premises for residential purposes.
5.      No goods are sold from the premises which are not strictly incidental to the principal home occupation conducted therein.
6.      No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises. Noise, smoke, odor, electrical distur­bance shall not be discernible beyond the boundaries of the property from which the occupation is conducted.
7.      Any such home occupation shall be subject to annual inspection by the Zoning Inspector of the Township and may be terminated by order of such inspector wherever the same fails to comply with the Zoning Ordinance.
8.      The Planning Commission Board shall have authority to determine whether or not a proposed use complies with the Zoning Ordinance and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety, and general welfare of the neighborhood will not thereby be im­paired.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 13, Eff. Jun. 11, 1985; Ord. No. 14, Eff. Mar. 18, 1987)
 
300.231A        Contractors yards.
 
Sec. 12.11A.
 
1.      Land space used for storage of equipment and material used by contractors to do work on job site off premises.
2.      Are only conducted by the person or persons occupying the premises as their principal residence a major portion of each month; however, the Township Board of Trustees shall have the authority to permit additional subordinate assistants who do not reside within said dwelling where the same would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems. In no event, however, shall such additional assistants exceed three in number.
3.      The dwelling has no exterior evidence, other than a permitted sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.
4.      The occupation conducted therein is clearly incidental and subordinate to the principal use of the premises for residential purposes.
5.      No goods are sold from the premises which are not strictly incidental to the principal home occupation conducted therein.
6.      No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises.
7.      Any such home occupation shall be subject to annual inspection by the Zoning Inspector of the Township and may be terminated by order of such inspector wherever the same fails to comply with the Zoning Ordinance.
8.      The Planning Commission Board shall have authority to determine whether or not a proposed use complies with the Zoning Ordinance and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 13, Eff. Jun. 11, 1985; Ord. No. 14, Eff. Mar. 18, 1987; Ord. No. 21, Eff. Feb. 15, 1991)
 
300.232           Junk.
 
Sec. 12.12. Any personal or scrapped property which is or may be salvaged for reuse, resale, reduction or similar use or disposition, or which is possessed, transported, owned, accumulated, dismantled or assorted for any such reasons. Without limiting the definition of junk, the term shall include used or salvaged metals and their compounds or combinations, used or salvaged rope, bags, paper, glass, rubber and similar articles, and motor vehicles which are parked, depos­ited, employed, or possessed for the purpose of dismantling or salvaging any part thereof.
(Ord. No.6, Eff. May 1, 1981)
 
300.233           Junkyard.
 
Sec. 12.13. Any place at which a person engages in the purchase, exchange, accumulation, receipt, storage, sale or disposition of any article which may reasonably be defined as junk, except this definition shall not apply to retail merchants who repossess their own merchandise sold on a title-retaining contract, or chattel-mortgage basis.
(Ord. No.6, Eff. May 1, 1981)
 
300.234           Lot or premises.
 
Sec. 12.14. A portion or parcel of land in an A-R, or R-1 District considered as a unit devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same in an A- R or R-1 District.
a.       Corner lot shall mean a lot fronting on two or more streets intersecting at an angle of not more than one hundred thirty-five (135) degrees.
b.      Interior lot shall mean a lot with frontage on but one street.
c.       Through lot shall mean a parcel extending through a block from one street to another.
d.      Lot Of Record. A lot which is a part of subdivision recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 10, Eff. Sept. 16, 1983)
 
300.235           Lot area.
 
Sec. 12.15. A parcel of land in an A-R or R-1 District under common owner­ship with a minimum area of twelve thousand (12,000) square feet and a minimum width of ninety (90) continuous feet on public street or road.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 10, Eff. Sept. 16, 1983)
 
300.236           Mobile home park.
 
Sec. 12.16. Any development, however designated, occupied or intended to be occupied by two (2) or more mobile homes and which is subject to the provisions of Act 243 of 1959 and/or Act 419 of 1976, as amended.
(Ord. No.6, Eff. May 1, 1981)
 
300.237           Non-conforming use.
 
Sec. 12.17. A building or premises occupied and used for a purpose which does not conform to the use regulations of the district in which it is located.
(Ord. No.6, Eff. May 1, 1981)
 
300.238           Principal building or use.
 
Sec. 12.18. A major land use and/or building on a lot or parcel and which is stated as a permitted or special use of land by this Ordinance. All other uses or buildings are accessory.
(Ord. No.6, Eff. May 1, 1981)
 
300.239           Public utility buildings.
 
Sec. 12.19. A building or structure owned and operated by a Utility Company providing water system, sewer, natural gas, electric or telephone services and including offices, sub-stations, transformers, pump stations, poles and towers and kindred facilities.
(Ord. No.6, Eff. May 1, 1981)
 
300.240           Roadside market.
 
Sec. 12.20. A permanent building which is used year around for sale of farm products, other food stuffs, and/or convenience goods. A roadside market is considered to be a retail store.
(Ord. No.6, Eff. May 1, 1981)
 
300.241           Roadside stand.
 
Sec. 12.21. A permanent or temporary building used for seasonal sales of produce, said produce must be grown at the lot, parcel or farm on which the building is situated.
(Ord. No.6, Eff. May 1, 1981)
 
300.242           Setback.
 
Sec. 12.22. The minimum horizontal distance between the front line of the building excluding steps and unenclosed porches, and the street line of right-of­way line of any abutting public thoroughfare or highway.
(Ord. No.6, Eff. May 1, 1981)
 
300.242A        Small engines.
 
Sec. 12.22A. Lawn and garden equipment, snowmobile, boat motors, chain saws, etc.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 13, Eff. Jun. 11, 1985)
 
300.243           Story.
 
Sec. 12.23. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling above it.
 
Half story shall mean that portion of a building between the eaves and the ridge lines of a pitched roof, which mayor may not be used for tenant purposes. (Ord. No.6, Eff. May 1, 1981)
 
300.244           Structure.
 
Sec. 12.24. Anything constructed, the use of which required permanent location on the ground or attachment to an object having permanent location on the ground. The terms shall include fences, advertising devices, tents, trailer coaches, and similar structures.
(Ord. No.6, Eff. May 1, 1981)
 
300.245           Tents.
 
Sec. 12.25. Any structure primarily of canvas, paper, cardboard, building board, cloth, rubber or like type of material which is being used or intended to be used for either temporary or permanent living quarters.
(Ord. No.6, Eff. May 1, 1981)
 
300.246           Township Planning Commission.
 
Sec. 12.26. The Township Planning Commission, duly organized under the Township Planning Act of 1959 hereby shall assume all power, duties, and responsibilities authorized for a zoning board under the Township Rural Zoning Act of 1943, as amended.
(Ord. No.6, Eff. May 1, 1981)
 
300.247           Trailer coach or mobile home.
 
Sec. 12.27. Any vehicle commonly known as trailer coach, mobile home or house trailer used or adapted to be used, or so constructed as to permit its being used as a conveyance upon the public streets and highways and duly licensable as such, including self-propelled and non-self-propelled vehicles so designed, constructed, reconstructed added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons and having a foundation of wheels, jacks or skirtings or foundation otherwise designed to permit removal of such vehicle and re-adaptation to use thereof upon public streets or highways.
(Ord. No.6, Eff. May 1, 1981)
 
300.248           Yard.
 
Sec. 12.28. A space open to the sky between a building and the lot of property lines of the parcel of land on which located, unoccupied or unobstructed by any encroachment or structure except as otherwise provided by this Ordinance.
 
a.       Front yard shall mean a yard across the full width of the lot or parcel of land extending from the front line of the principal building to the front lot line, or highway right-of-way line, as the case may be.
b.      Rear yard shall mean a yard extending across the full width of the lot or parcel of land extending from the rear line of the principal building to the rear lot line.
c.       Side yard shall mean a yard extending between the side lot line and the nearest side line of the building.
(Ord. No.6, Eff. May 1, 1981)

 

 
300.249           Zoning Board of Appeals or Board of Appeals.
 
Sec. 12.29. Zoning Board of Appeals consisting of five (5) members as estab­lished under Section 10.01 [300.191] of this Ordinance.
(Ord. No.6, Eff. May 1, 1981)
 
300.250           Household appliances.
 
Sec. 12.30. Stoves, refrigerators, irons, vacuum cleaners, and etc.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 14, Eff. Mar. 18, 1987)
 
300.251           Shop for sharpening.
 
Sec. 12.31. Shop to sharpen scissors, saws, knives, and etc.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 14, Adopt. Mar. 18, 1987)
 


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