For the purposes of this Ordinance, certain terms, or words used herein shall be interpreted as follows: All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; and the word “building” includes the word “structure”, and the word “dwelling” includes “residence”, the word “person”
includes “corporation”, “copartnership”, “association”, as well as an “individual”; the word “shall” is mandatory and the word “may” is permissive; the word “lot” includes the words “plot” or “parcel”; the words “used” or “occupied” includes the words “intended”, “designed” or “arranged” to be used or occupied.

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

1. Alley: Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

2. Adult Bookstore: An establishment having 10% or more of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas”, or an establishment which exceeds 10% of the floor area dedicated to the display of such material.

3. Adult Business Establishment: An establishment with activities including, but not limited to, the following uses: Adult Bookstores, Adult Cabarets, Adult Novelty Stores, Adult Theaters, Massage Parlors, Nude Modeling Studios and Tattoo Parlors.

4. Adult Novelty Store: An establishment specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct.

5. Adult Theater: An establishment presenting films or videos distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observations by patrons of the building or featuring topless dancers, exotic dancers, strippers or other similar entertainers.

6. Alterations: Any change, addition or modification to a structure or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or reconstructed”.

7. Apartment (Multiple Family Dwelling): A residential structure containing three (3) or more attached one (1) family dwellings.

8. Automotive Service Center: A place where automobile service may be carried out for minor repair and servicing of automobiles, together with the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, only when the location of such Automotive Service Center is architecturally designed and located on the site so as to become an integral part of a larger planned shopping center complex.

9. Auto Repair Garage: Is a place where the following activities may be carried out: vehicle body repair, engine rebuilding or repair, under-coating, painting, tire recapping, upholstery work and auto glass work.

10. Basement: That portion of a building which is partly, or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the average grade to the ceiling is over five (5) feet, such basement shall be rated as a first story.

11. Boarding House: A dwelling where meals, or lodging and meals, are pro-vided for compensation for three (3) or more persons by prearrangement for definite periods. A boarding house shall be distinguished from a hotel.

12. Building: A structure, either temporary or permanent, having a roof supported by columns, or walls, and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. (This shall include tents, awnings, or vehicles situated on private property and used for such purposes.)

13. Buildable Area: The buildable area of a lot or parcel is the space remaining after yard, parking, or any other requirements of this Ordinance have been met.

14. Buildable Land Area (For Density Computations and Habitation of Large Animals): the buildable area of a lot or parcel for the purpose of density calculations, and habitation by large animals such as horses and cows, shall be that area of the lot or parcel exclusive of land which is within the established flood plain, water course, floodway, drainage course, wetland, or any other subaqueous area. In the case of large animals such as horses and cows, building area shall also be excluded from the land area if more than ten (10) percent of the buildable area is in buildings for the purposes of this definition and Ordinance.

15. Building, Accessory: A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.

16. Building, Main: A building in which is conducted the principal use of the lot on which it is situated.

17. Building Height: The vertical distance measured from the established grade of the center, of the front of the building to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs; and the average height between the lowest point and the highest point on a shed roof. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

18. Building Inspector: The Building Inspector or Official designated by the Township Board.

19. Building Line: A line formed by the face of the building, and for the purpose of this Ordinance, a building line is the same as a front setback line.

20. Commercial Use: “Commercial Use” relates to the use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services and the maintenance or operation thereof of offices, or recreational or amusement enterprises.

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

22. District: A portion of the unincorporated part of the Township within which certain regulations and requirements of various combinations thereof apply under the provisions of this Ordinance.

23. Drive-In: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

24. Drive-In Restaurant: A business establishment, for the serving of food and/or beverages, with driveways and approaches so developed and designed so as to serve patrons while in the motor vehicle, or permit patron self-service so that consumption within motor vehicles may be facilitated, as differentiated from a restaurant with indoor seating only.
 

25. Dwelling Unit: A building or a portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.

26. Dwelling, One-Family: A building designed exclusively for and occupied exclusively by one (1) family.

27. Dwelling, Two-Family: A building designed exclusively for occupancy by two (2) families, living independently of each other.

28. Dwelling, Manufactured: A dwelling unit which is substantially built, constructed, assembled and finished off premises upon which it is intended to be located, and shall include a mobile home as herein defined.

29. Dwelling, Multiple Family: A building, or portion thereof, designed exclusively for occupancy by three (3) or more families living indepen-dently of each other.

30. Dwelling, Site Built: A dwelling unit which is substantially built, constructed, assembled and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of and including; precut materials, panelized walls and roofs and floor sections when such sections require substantial assembly and finishing on the premises, and are intended to serve as its final location.

31. Erected: Any physical operations on the premises required for the construction or moving on and includes construction, reconstruction, alteration, building, excavation, fill, drainage, installation of utilities, and the like.

32. Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment in connection herewith, but not including buildings, which are necessary for the furnishing of adequate services by such utilities or Municipal departments for the general health, safety or welfare.

33. Excavation: Excavation shall mean any breaking of the ground to hollow out by cutting, digging, or removing any soil or rock matter, except for common household gardening and general farm care.

34. Family: One or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two persons not so related, living together in the whole or part of the dwelling unit comprising a single housekeeping unit.

35. Farm: The carrying on of any agricultural activity or the maintaining or the raising of livestock, or small animals, when conducted on at least five (5) acres or more. The farm operator shall be capable of providing suitable evidence that the farm is active and recognized by the State of Michigan.

36. Fence: A structure of definite height and location to serve as an enclosure in carrying out the requirements of this Ordinance.
 

37. Fence, Obscuring: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Ordinance.

38. Filling: Filling shall mean the depositing or dumping of any matter onto, or into the ground, except common household gardening and general farm care.

39. Firearm: An instrument which is capable of hurling a missile by means of exploding or burning powder.

40. Floor Area: The floor area of a residential dwelling unit is the sum of the horizontal areas of each story of the building as measured from the exterior walls; exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

41. Floor Area, Usable: For the purposes of computing parking, usable floor area is all ground and non-ground floor area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients or customers. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.

42. Garage, Private: A building used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located and with a capacity of not more than three (3) motor driven vehicles. The foregoing definition shall be construed to permit one commercial vehicle not exceeding a rated capacity of three-fourths (3/4) ton. This shall not include the storage of large tractors, backhoes, bulldozers, other construction-type equipment or similar equipment.

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

44. Gasoline Service Station: A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of automobiles.

45. Grade: The highest point of ground contacting any portion of the basement or foundation of a dwelling.

46. Greenbelt: A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this Ordinance.

47. Gun Club: Any club, organization, individual, group of individuals, or use, whether operated for profit or not, which caters to or allows the use of firearms.
 

48. Home Occupation: Any use customarily conducted entirely within the dwelling, (not including breezeway or garage, attached or detached), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, is not offensive and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except that such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One (1)
non-illuminated name plat, not more than two (2) square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises.

49. Hoofed Animals and the like: shall be defined as any animal from the Order Artiodactyl or Perissodactyl, including but not limited to horses, cattle, alpaca, llamas, buffalo, pigs, miniature horses, ponies, sheep, goats, or other similar animals.

50. Hospital: A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the State of Michigan.

51. Hotel (Motel): A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation.

52. Junk Yard: An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A “junk yard” includes automobile wrecking yards, and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

53. Kennel, Commercial: Any lot or premises on which three (3) or more dogs, six (6) months old or over for sale, breeding, boarding, or training purposes, are either permanently or temporarily boarded for remuneration.

54. Laboratory: A place devoted to experimental study such as testing and analyzing, but not devoted to the manufacturing of a product or products.

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

56. Lot: A parcel of land occupied, or which could be occupied, by a main building or group of such buildings and accessory buildings, or utilized for the principal use and used accessory thereto, together with such open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records.

57. Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Township or County Officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.

58. Lot Area: The total horizontal area within the lot lines of the lot.

59. Lot, Corner: A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than one hundred thirty-five (135) degrees.

60. Lot, Interior: Any lot other than a corner lot.

61. Lot Lines: The lines bounding a lot as defined herein.
        (a) Front Lot Line: In the case of an interior lot, the line separating said lot from   the street.   In the case of a corner lot, the front lot line is that line separating said lot from the street which is designated as the front street in the plat and in the application for a building permit or zoning occupancy permit. In the case of a double frontage lot, both lot lines abutting on streets shall be treated as front lot lines.

        (b) Rear Lot Line: The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.

        (c) Side Lot Line: Any lot lines other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

62. Lot Coverage: The part or percent of the lot occupied by buildings, including accessory buildings.

63. Lot Depth: The horizontal distance between the front and rear lot lines measured along the median between side lot lines.

64. Lot, Double Frontage: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lot adjacent to streets shall be considered frontage, and front yards shall be provided as required.

65. Lot Width: The horizontal distance between the side lot lines measured at the two points where the building lines, or setback intersects the side lot lines.

66. Lot, Zoning: A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract of to be used, developed, or built upon as a unit, under single ownership or control.
A zoning lot shall satisfy this ordinance with respect to area, size dimensions, setbacks, frontage and environmentally sensitive area requirements as required in the district in which it is located.  A zoning lot may or may not coincide with a lot of record as filed with the County Register of Deeds and may also be composed of one or more lots or record.

67. Massage Parlor: An establishment where private massage is practiced, used or made available as a principle or secondary use of the premises.

68. Master Plan: A comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the Township and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
 

69. Mobile Home (Trailer Coach): Any structure, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling unit 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.

70. Mobile Home Park (or Trailer Court): Any parcel or tract of land under the control of any person or persons upon which provision is made for two (2) or more mobile homes to be occupied as dwelling units; not including sales or services.

71. Nonconforming Building: A building or portion thereof, existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the use provisions of the Ordinance, nor to the use regulations of the district in which it is located.

72. Nonconforming Use: A use which lawfully occupies a building or land at the time this Ordinance, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located.

73. Occupancy Load: The number of the individuals normally occupying a building or part thereof, or for which the existing facilities have been designed.

74. Off-Street Parking Lot: A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of automobiles.

75. Parking Space: A parking space is hereby determined to be an area of definite length and width and shall be exclusive of drives, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.

76. Public Service: Public Service Facilities within the context of this Ordinance shall include such uses and services as voting booths, pumping stations, fire halls, police stations, temporary quarters for welfare agencies, public health activities and similar uses including essential services.

77. Public Utility: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State, or Municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

78. Roadside Stands or Markets: A roadside stand or market is the temporary use of property or facilities for the selling of produce.

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

80. Sanitary Land Fill: Any operation which involves the piling, placing, storing, dumping or depositing, in a hill, hole or trench, any material in the form of rubbish, garbage and/or waste materials.

81. Setback: The distance required to comply with front, side or rear yard open space provisions of this Ordinance.

82. Sign: The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known (other than billboards) such as are used to show an individual, firm, profession or business, and are visible to the general public. Accessory signs pertain to uses or activities conducted on the premises where the signs are located.

83. Specified Anatomical Areas:

      a. Less than completely and opaquely covered: human genitals, pubic region;  buttock; and female breast below a point immediately above the top of the areola; and
      b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

84. Specified Sexual Activities:

     a. Human genitals in a state of sexual stimulation or arousal.
     b. Acts of human masturbation, sexual intercourse or sodomy.
     c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

85. Story: That part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.

86. Street: A street, highway, thoroughfare which provides a principal means of access and required lot frontage to abutting properties. Any such street shall only include those which have been expressly or impliedly accepted by the St. Clair County Road Commission as a public street.  Internal circulation drives which are part of: a planned apartment type of development, mobile home park, office complex, shopping center or similar type of land use and provides access to individual units shall not be construed to be or required to be public streets.

87. Structure: Anything constructed, or erected and designed for a permanent location on the ground.

88. Structural Alteration: Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or any substantial changes in the foundation, roof and exterior walls.

89. Temporary Building or Use: A structure or use permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.

90. Thoroughfares, Major: An arterial street which is intended to serve as a large volume trafficway for both the immediate Township area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term.

91. Thoroughfares, Secondary: An arterial street which is intended to serve as a trafficway serving primarily the immediate Township area and serving to connect with major thorofares.

92. Travel Trailer and/or Motor Home: A vehicle designed as a travel unit for occupancy as a temporary or seasonal vacation living unit.

93. Use, Accessory: A use subordinate to the main use of a lot and used for purposes clearly incidental to those of the main use.

Berlin Township Zoning Ordinance Article I & II-9

94. Yards: The open spaces on the same lot with a main building or main use, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein.

      (a) Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
      (b) Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
      (c) Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.