CHAPTER 2

Definitions

SECTION 201. RULES APPLYING TO THE TEXT.

For the purpose of this ordinance, certain rules of construction apply to the text, as follows:

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

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

(3) The word "structure" includes the word "building."

(4) The word "lot" includes the words "plot," "tract," or "parcel."

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

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

(7) The term "he" shall be read as he, or she.

(8) Any word or term not herein defined shall be used with a meaning of common standard use.

SECTION 202. DEFINITIONS.

ABUT. To physically touch or border upon; to share a common property line.

ACCESSORY STRUCTURE. A structure attached or detached from a principal building on the same lot and customarily incidental to and subordinate to the principal building or use.

ACCESSORY USE. An accessory use includes a building or structure and is a use clearly incidental to, customarily found in connection with, and located on the same lot as the principal use to which it is related.

ADJACENT. A lot or parcel of land that shares all or part of a common lot line with another parcel of land.

ADULT BUSINESS. All uses listed in sub-paragraphs beginning with and including ADULT BOOKSTORE to ADULT RELATED BUSINESS.

a. ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals, video tapes, photographs or motion picture films 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 with a segment or section devoted to the sale or display of such material.

b. ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual "activities" or "specified anatomical areas" for observation by patrons therein.

c. ADULT MOTION PICTURE THEATER. An establishment, whether in a completely enclosed building or not, with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

d. ADULT RELATED BUSINESS. Any activity described in any of the sub-paragraphs and any other business having an employee or entertainer, in person or by motion picture, television, video tape, hologram, magazine or other type of image displaying any "specified anatomical area" or engaging in any "specified sexual activity".

AGRICULTURAL RETAIL FACILITY. A booth or stall located on a farm from which produce and farm products are sold to the general public.

ALTERATIONS. Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders.

ANIMAL BOARDING. Boarding or exercising of animals.

APARTMENT. See DWELLING TYPES.

ASSEMBLY BUILDING. A building for the primary purpose of group gatherings of 50 people or more for any purpose.

AUTOMOBILE CAR WASH. An establishment being housed in a building or portion thereof together with the necessary mechanical equipment used for washing automobiles and using production line methods.

AUTOMOBILE/VEHICLE GAS/FUEL SALES. An establishment primarily engaged in the sale of gas or other fuels for use in vehicles. The primary use must constitute over 50% of vehicle traffic to the establishment.

AUTOMOBILE/VEHICLE MAJOR REPAIR. An establishment primarily engaged in engine and transmission repair that may require removal of the engine. All repair work on the body of cars constitutes major repair. The primary use must constitute over 50% of vehicle traffic to the establishment.

AUTOMOBILE/VEHICLE MINOR REPAIR. An establishment primarily engaged in all vehicle repairs other than those defined as major engine repair. The primary use must constitute over 50% of vehicle traffic to the establishment.

AUTOMOBILE SALES. An establishment engaged in the sale, rental or leasing of new or used automobiles, vans or pickup trucks. The primary use must constitute over 50% of vehicle traffic to the establishment.

BANK. See "Financial Business."

BAR. A structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages by the drink.

BASE AREA. The area, which is the length times the width, in square feet as of the effective date of this Ordinance.

BASEMENT. A story having part but not more than one half (1/2) of its height above finished grade. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or is used for business or dwelling purposes.

BEAUTY SALON. See PERSONAL SERVICE BUSINESS.

BERM. An earthen buffer that obscures sight, traffic and sound.

BLIGHT. See existing Tobacco Township Blight Ordinance.

BODY SHOP. See AUTOMOBILE/VEHICLE MAJOR REPAIR.

BUFFER. A buffer may be open spaces, landscaped areas, fences, walls, berms and/or combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances. Types of buffers required are regulated separately in this Ordinance.

BUILDING. Any structure erected onsite, a mobile home or mobile structure, a manufactured or precut structure, above or below ground, intended primarily for the shelter, support, or enclosure of persons, animals, or property of any kind.

BUILDING, FRONT LINE OF. The line that coincides with the face of the building nearest the front of the lot. This face includes sun parlors and enclosed porches but does not include steps. Said line shall be parallel to the front lot line and measured as a straight line between the intersecting points with the side yard.

BUILDING, HEIGHT OF. The vertical distance measured from the mean elevation of the finished grade line of the ground above the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eave and ridges for gable, hip, and gambrel roofs.

BUILDING INSPECTOR. (By Gladwin County Building Inspector)

BUILDING LINE. A line defining the minimum front, side or rear yard requirement outside of which no building or structure may be located.

BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which it is located.

BUSINESS SERVICES. A business service establishment provides services to other businesses as their primary clientele and may involve some outside storage of equipment or vehicles, but not of inventory. Business services include, but are not limited to, employee training, audio or visual communication media (including broadcast antennas, sign production and installation, equipment rental or repair, building maintenance, and self service storage.)

CEMETERY. Property used for interring of the dead.

CLUB. An organization catering exclusively to members and their guests, or premises and buildings for recreational, artistic, political, or social purposes, which are not conducted primarily for gain and which do not provide merchandise, vending, or commercial activities except as required incidentally for the

membership and purpose of such club.

COMMERCIAL. The primary purpose of Commercial Districts is to provide areas for retail and wholesale business activities generally compatible with each other, and for services commonly associated with Commercial Districts.

COMMERCIAL RECREATIONAL USE. See RECREATIONAL USE, COMMERCIAL.

COMMERCIAL SCHOOL. (also known as Proprietary schools): These schools include private business colleges, technical institutes, and trade schools. Such schools are owned by individuals or businesses and operate to make a profit. They teach clerical skills, data processing, television repair, and many other subjects. Some specialize in training such workers as barbers, dental assistants, truck driver, pilots, and the like. Correspondence schools are included.

COMMERCIAL VEHICLE. Includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares, merchandise or equipment, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

COMMON LAND. A parcel or parcels of land together with the improvements thereon, the use, maintenance, and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

CONDOMINIUM ACT. Act 59 of 1978, as amended.

CONDOMINIUM, EXPANDABLE. A condominium project to which additional land may be added pursuant to express provisions in the condominium documents and in accordance with this Ordinance and the Condominium Act.

CONDOMINIUM SUBDIVISION. See SUBDIVISION, as defined in this chapter.

CONDOMINIUM SUBDIVISION PLAN. The site, survey, and utility plans, floor plans and sections, showing the existing and proposed structures and improvements.

CONDOMINIUM UNIT. A portion of a building, or group of buildings, designed for separate ownership. Common areas and facilities are owned by all the owners on a proportional, undivided basis. A condominium is differentiated from other dwelling types based on ownership and as such is not regulated as a dwelling unit type.

CONFLICT OF INTEREST (See also Incompatibility of Office).

(1) If there is a question whether a conflict of interest exists or not as defined in (2) below, the question shall be put before the body (i.e., township board, planning commission, zoning board of appeals). If the body, by majority vote, confirms there is a conflict of interest, the member shall comply with (3) below. If the body finds that a conflict does not exist, the member shall continue to deliberate and vote on the matter. The claim of conflict and the body’s vote shall be entered into the minutes.

(2) As used in this ordinance, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: Issuing, deliberating on, voting on, or reviewing a case:

(a) concerning him or her.

(b) concerning work on land owned by him or her or which is adjacent to land owned by him or her.

(c) involving a corporation, company, partnership, or any other entity in which he or she is a part owner, or any other relationship where he or she may stand to have a financial gain or loss.

(d) which is an action which results in a pecuniary benefit to him or her.

(e) concerning his or her spouse, children, step-children, grandchildren, parents, brothers, sisters, grandparents, parents in-law, grandparents in-law, or members of his or her household.

(f) where his or her employee or employer is an applicant or agent for an applicant, or has a direct interest in the outcome.

(3) When a conflict of interest exists, the member shall do all of the following immediately, upon first knowledge of the case and determining that a conflict exists:

(a) cease to participate at the body’s meetings, or in any other manner, or represent one’s self before the body, its staff, or others.

(b) during deliberation of the agenda item before the body, leave the meeting or remove one’s self from the front table where members of the body sit, until that agenda item is concluded.

Historical Note: Conflict of interest definition added by Ordinance 09-01, eff Dec 23, 2009

CONSOLIDATED MASTER DEED. The final amended master deed for a contractible condominium project, expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to the express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

CONTRACTOR (INTENSIVE USE). A business establishment that provides construction services and involves intensive outdoor site use, such as storage of materials and/or equipment, other than licensed motor vehicles, and fabrication or other activities that may cause noise or vibrations at levels exceeding state or federal regulations.

CONTRACTOR (NONINTENSIVE USES). A business establishment that provides construction services where all activities, other than parking of licensed motor vehicles, are confined within a building.

CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

CONVERTIBLE AREA. A unit or portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

CONVALESCENT OR NURSING HOME. A building wherein infirm or incapacitated persons are furnished shelter, care, food, lodging, and needed attention for a compensation.

CONVENIENCE STORE. A retail operation selling a variety of items that are primarily grocery products. They include items that may be required by neighborhood residents on a day-to-day basis. Non-grocery items frequently sold in this kind of establishment include newspapers, magazines, seasonal needs, etc.

COVERAGE, LOT. That percent of the plot or lot covered by the building area.

COURTS. Any open space, unobstructed from the ground to the sky that is bounded on two or more sides by the walls of a building that is on the same lot.

CROPS. A harvestable product, planted, grown and cultivated in the soil. Field crops are generally for sale and not consumed on the premises.

CUL DE SAC. A street with only one outlet having sufficient space at the closed end to provide vehicular turning area.

DAY NURSERY. (Day Care Centers)(Child Care Organizations). As defined in Section 722.111 of Michigan Compiled Laws (also see Section 125.286g of Michigan Compiled Laws for zoning of these organizations).

DEGREE OF NONCONFORMANCE. A measure of a property's relative lack of conformance, to be computed using whichever of the following standards applies.

(a) USE. A Use is any item listed in the DISTRICT REGULATIONS chapters of this Ordinance as allowed by Right or by Special Use Permit.

(b) SETBACK. The square footage of a building that is within a required setback area.

(c) AREA. The square footage by which a building or parcel varies from the maximum or minimum area required for its Zoning District.

(d) WIDTH OR DEPTH. The distance in feet by which the width or depth of a parcel varies from the minimum or maximum dimension for its Zoning District.

(e) PARKING. See Chapter 12 – Parking Regulations and parking regulations in each district.

DEPTH. Depth is the distance from a property line to a structure.

DEVELOPMENT. The construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use, and/or any man made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

DISTRICT REGULATIONS. Regulations for properties within each Zoning District found in Chapter 3.

DRIVE‑IN RESTAURANT. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking space for motor vehicles so as to serve patrons while in the motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive‑in service. Drive‑In is also interpreted to include "fast food" operations which serve food in disposable containers.

DUMPSTER. A container used to hold trash, garbage, refuse, or rubbish which is designed to be emptied into a garbage collection truck by mechanical means.

DWELLING. A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

DWELLING TYPES. For the purposes of this Ordinance, dwellings are separated into the following categories:

(a) SINGLE FAMILY DWELLING is a detached building containing one (1) dwelling unit only and complying with the regulations of Chapter 4, 5, 6 or 7, as applicable.

(b) TWO FAMILY DWELLING is a building containing not more than (2) dwelling units and complying with the regulations of Chapter 7.

(c) MULTIPLE DWELLING is a building or portion thereof containing three (3) or more dwelling units and complying with the regulations of Chapter 7.

DWELLING UNIT. One or more rooms including a single kitchen, in a dwelling designed for occupancy by one family for living and sleeping purposes.

ELEVATOR: Grain, seed, feed and fertilizer storage warehouse often used for collecting, storing, loading and unloading of agricultural type materials.

ENCLOSED LOCKED FACILITY A closet, room, or other comparable, stationary, and fully enclosed, equipped with secured locks or other functioning security devices. Marihuana Plants grown outdoors are considered to be in an Enclosed Locked Facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground and as defined in the MMMA.

ENTERTAINMENT. For the purposes of this ordinance, "entertainment" means live performance. Video machines, billiards, etc. are not considered entertainment.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground surface or overhead electrical gas, water and sewage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.

EXCAVATION. Removal or recovery by any means, of soil, rock, minerals, mineral substances or organic substances, other than vegetation, from water or land, on or beneath the surface, whether exposed or submerged.

FAMILY. Two or more persons related by blood, marriage, or adoption, living together in a dwelling unit or group of not more than four (4) persons, who need not be related, living together in a single dwelling unit.

FARM. As defined in section 286.472, et seq, of Michigan Compiled Laws and operating in accordance with generally accepted agricultural and management practices as published from time to time by the Michigan commission of agriculture. Farming does not include kennels, quarries, gravel or sand pits.

Historical Note: Amended by Ord 08-01, eff Feb 25, 2008.

The 2007 amendment changed this definition as follows: The words “riding or boarding stables” were deleted from the last sentence.

FARM ANIMAL, LARGE. Any four (4) footed creature as livestock which, at maturity, exceeds one hundred (100) pounds. This includes, but is not limited to, the following: cattle, horses, sheep, hogs, and goats.

FARM ANIMAL, RECREATION. Horses. See KENNEL for dog and cat keeping.

FARM ANIMAL, SMALL. All Farm Animals not included in the FARM ANIMAL, LARGE definition that are four footed, foul or nondomestic animals.

FAST FOOD RESTAURANT. See Drive‑In Restaurant.

FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, decorate or separate areas.

FIELD CROPS. A harvestable product, planted, grown and cultivated in the soil. Field crops are generally for sale and not consumed on the premises.

FILLING. Depositing or dumping of any matter onto, or into the ground except common household gardening and ground care.

FLAG LOT. A lot not fronting entirely on or abutting a public road or approved private road, and where access to the public or private road is by a narrow, private right‑of‑way.

Historical Notes: Flag lot definition amended by Ordinance 04-06, eff October 7, 2004.

Prior to 2004 amendment, this definition read: “A lot not fronting entirely on or abutting a public road and where access to the public road is by a narrow, private right-of-way”

.

FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE. See ACCESSORY STRUCTURE.

GOLF COURSE, MINIATURE. See RECREATIONAL USE, COMMERCIAL.

GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out‑of‑season plants for subsequent sale or personal use.

GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading spaces, loading space for motor vehicles, or any space where the floor‑to‑ceiling height is less than six feet. For the purposes of calculating parking and loading requirements, the gross floor area is the floor area used for service to the public. It shall not include floor area used solely for storage or processing and packaging of merchandise.

HARD SURFACE. At least five (5") inches of reinforced concrete or two (2") inches of bituminous surface laid over five (5") inches of compacted crushed stone. Paved and hard surface shall have the same meaning for purposes of this Ordinance.

HEIGHT, MEASUREMENT OF. The height of a building, fence, or wall at any given level is the height above the natural grade of any portion or portions of a wall or walls along the length of the building. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

HOME OCCUPATION Any business carried on by one or more members of a family residing on the premises, providing it: (Refer also to section 1112)

(a) is operated in its entirety within the principal dwelling or accessory structure;

(b) Repealed by Ordinance 09-01, eff Dec 23, 2009.

(c) does not involve alteration or construction not customarily found in dwellings or accessory structures;

(d) does not use any mechanical equipment except that which is used normally for purely domestic or household purposes;

(e) does not use more than twenty‑five (25%) percent of the total actual floor area of the dwelling, or may use one hundred (100%) percent of the total actual floor area of the accessory structure, with a maximum total area for the home occupation of twelve hundred (1200) square feet;

(f) does not display, or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one (1) non-animated, non-illuminated, wall sign having an area of not more than four (4) square feet.

(g) does not employ more than one (1) person other than family members residing on the premises.

(h) is not conducted such that it requires parking in excess of that required for the residential structure in which it is located.

(i) home occupations specifically exclude tattoo, body piercing, massage and non-therapeutic massage parlors.

Historical Note: Amended by Ordinance 09-01, eff Dec 23, 2009

Prior to Dec 2009 amendment, this definition read as follows:

“HOME OCCUPATION Any business carried on by one or more members of a family residing on the premises, providing it:

(a) is operated in its entirety within the principal dwelling or accessory structure;

(b) does not have a separate entrance from outside the building;

(c) does not involve alteration or construction not customarily found in dwellings or accessory structures;

(d) does not use any mechanical equipment except that which is used normally for purely domestic or household purposes;

(e) does not use more than twenty‑five (25%) percent of the total actual floor area of the dwelling, or fifty (50%) percent of the total actual floor area of the accessory structure, with a maximum total area for the home occupation of five hundred (500) square feet;

(f) does not display, or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one (1) non-animated, nonilluminated, wall sign having an area of not more than four (4) square feet.

(g) does not employ more than one (1) person other than family members residing on the premises.

(h) is not conducted such that it requires parking in excess of that required for the residential structure in which it is located.

(i) home occupations specifically exclude tattoo, body piercing, massage and non-therapeutic massage parlors.”

HORTICULTURE. The cultivation of a garden or orchard.

HOSPITAL. An institution for the diagnosis, treatment or care of aged, sick or injured people. The term "hospital" shall include sanatorium, rest home, nursery home and convalescent home, but shall not include any institution for the care of mental disorders or the treatment of alcoholics or drug addicts.

HOTEL. See MOTEL.

INDIVIDUAL STORAGE FACILITY. A structure containing separate storage spaces of varying sizes,

leased or rented on an individual basis.

INCOMPATIBILITY OF OFFICE. (See also Conflict of Interest)

If a member of the planning commission or zoning board of appeals is appointed to another office, which is an incompatible office with his or her membership on the planning commission or zoning board of appeals, then on the effective date of the appointment to the other office, that shall result in automatic resignation from the planning commission or ZBA. If a member of another office is appointed to the planning commission or the ZBA, which is an incompatible office with his or her membership in the other office, then on the effective date of appointment to the commission or ZBA, that shall result in an automatic resignation from the other office.

Historical Note: Incompatibility of office definition added by Ordinance 09-01, eff Dec 23, 2009

INDOOR USE. A use, of which the majority is contained within a structure.

INDUSTRIAL PARK. An area within an industrial district, owned by a single person, group, corporation, or government agency, that is planned and developed for manufacturing plants, warehouses, and other industrial concerns.

INSTITUTION, EDUCATIONAL. A school for pre-school through twelfth grade or any college or university authorized by the state to award degrees or certificates.

INSTITUTION, HUMAN CARE. A public or private facility for physical or mental care. A human care institution may include hospitals, convalescent or nursing homes, homes for the mentally or physically impaired, mental, physical or substance abuse rehabilitation facilities, and the like.

INSTITUTION, RELIGIOUS. A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

INSTITUTION, SOCIAL. Any profit or nonprofit use or facility in which activities for pleasure or philanthropy are carried out. Such institutions may include service clubs, scout organizations, hobby clubs and veterans organizations.

JUNK/SALVAGE YARD. See Tobacco Township Junk Ordinance.

KENNEL. Any separate facility, on a single parcel, and separate from the dwelling living quarters, where more than three (3) dogs or three (3) cats or other household pets, over four (4) months old are kept, housed or boarded for a fee, or where such animals are kept for breeding purposes.

LAND USE PLAN. A comprehensive long range plan intended to guide the growth and development of a community. The Plan includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.

LICENSED RECREATIONAL VEHICLE/EQUIPMENT. A vehicular type portable structure without permanent foundation that can be towed, hauled or driven. It may be used for temporary living accommodations for recreational, camping and travel use. These vehicle include but are not limited to campers, travel trailers, truck campers, or motor homes. Other vehicles/equipment also included in this definition are trailers of any kind, personal watercraft, off road vehicles of any kind, snowmobiles and similar vehicles/equipment that may propel a person or is used to transport such vehicles. All described vehicles and/or equipment must have a valid and current license, issued by a State in prominent display to be considered licensed.

LIVESTOCK. See FARM ANIMAL, LARGE.

LOADING BERTH/SPACE. An off‑street space at least ten (10’) feet wide, fifty (50’) feet long and fifteen (15) feet high, either within a building or outside on the same lot, provided, maintained and available for the loading or unloading of goods or merchandise, and having direct and unobstructed access to a public street or alley.

LOT. A parcel of land occupied or intended for occupancy by a main building and accessory buildings thereto, together with such open spaces as are required under the provisions of this Ordinance. Every lot shall abut upon and have permanent access to a public or private street or road.

LOT AREA. The total horizontal land area within the lot lines of the lot.

LOT: CORNER, INTERIOR AND THROUGH.

CORNER LOT. A lot which has at least two contiguous sides abutting upon a street for their full length, and provided the two sides intersect at an angle of not more than one hundred thirty five (135) degrees.

INTERIOR LOT. A lot other than a corner lot.

THROUGH LOT. An Interior Lot having frontage on two streets which do not intersect at a point contiguous to such lot.

LOT COVERAGE: The percentage of the lot area that may be occupied by buildings and other structures.

LOT LINES.

LOT LINE, FRONT. The lines abutting a lot as defined herein: That line separating the lot from a street right‑of‑way. In the case of a corner lot or through lot the lines separating the lot from each street.

LOT LINE, REAR. Lot line which is opposite the front lot line. In the case of a corner lot, the rear lot line may be opposite either front lot line, but there shall only be one rear lot line. In the case of a lot with side lines converging at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than twenty (20) feet long, lying farthest from the front lot line and wholly within the lot.

LOT LINE, SIDE. Any lot line that is not a front or rear lot line.

LOT, WIDTH OF. The distance from one side lot line to the other side lot line, measured parallel to the front lot line at the minimum building setback.

LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map recorded with the County Register of Deeds.

LUMBER YARD. A lumber yard is a business which emphasizes the sale of lumber and wood products where material may be stored or displayed in the principal building or in accessory shed‑type structures.

“Grower” or “Grower Facility” means a commercial entity that cultivated, dries, trims or cures and packages Marihuana for sale to a Processor or Provisioning Center.

“License Application” refers to the requirements and procedures set forth in Sections 4 and 5.

“Marihuana Plant(s)” means any plant of the species Cannabis Sativa L.

“Marihuana” means that term as defined in section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

“Medical Marihuana Facility(ies)” means any facility, establishment and/or center that is required to be licensed under this Chapter, including a Provisioning Center, Grower, Processor, Safety Compliance Facility, and Secure Transporter.

MANUFACTURING. An operation in which raw materials or partially finished material is processed into goods for sale. This processing can include stamping, rolling, forging, plating, heat treating, forming, molding and assembly.

MASSAGE PARLORS. An establishment wherein a substantial or significant portion of its business involves the administration of nontherapeutic massage, erotic touching or fondling, including but not limited to fondling of or erotic touching of human genitals, pubic region, buttock or breasts. A massage parlor does not include medical or therapeutic massage businesses such as state licensed chiropractors and physical therapists or other state licensed, medically‑related practitioners. All practitioners employed by such businesses must be licensed.

MASTER DEED. The condominium document recording the condominium project as approved by the zoning administrator to which is attached as exhibits and incorporated by reference, the approved bylaws for the project and the approved condominium subdivision plan for the project.

MASTER PLAN. See "Land Use Plan".

MINING. Mining includes the extraction of minerals, including solids, such as coal, ores, liquids, such as crude petroleum and gases such as natural gases. Mining also includes quarrying, groundwater diversion, soil removal, milling, crushing, screening, washing and flotation of materials, and any other preparation customarily done at the mine site or as part of a mining activity.

(a) Excavation approved by a governmental body or competent jurisdiction in conjunction with the installation or maintenance of publicly owned or operated utilities, drainage facilities, roads, or other publicly owned or operated improvements, where the excavation is limited to the site of the public utility or improvement.

(b) Excavation of limited scope and duration and which is undertaken for the immediate use and development of the land excavated, pursuant to a valid building permit issued from the County of Gladwin, such as for purposes of building construction, septic tanks or swimming pools. However, the removal from the site of soils in excess of five hundred (500) cubic yards shall not be undertaken unless and until a soil extraction permit shall first have been obtained from the Township Board in accordance with Section 1415 of this Ordinance. Soil removal in connection with an excavation for immediate use and development of land shall be completed within one (1) year of issuance of the building permit.

(c) Excavation in conjunction with farming operations conducted in accordance with generally accepted agricultural practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds. However, the removal from the site of soils in excess of five hundred (500) cubic yards shall not be undertaken unless and until a soil extraction permit shall first have been obtained from the Township Board in accordance with Section 1415 of this Ordinance.

MINISTORAGE. See INDIVIDUAL STORAGE FACILITY.

MOBILE HOME. A detached single family dwelling unit with all of the following characteristics:

(a) Designed for long‑term occupancy.

(b) Contains sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.

(c) Designed to be transported after fabrication on its own wheels, flatbed, trailer, or detachable wheels.

(d) Arriving at a site to be occupied as a dwelling unit complete, meeting minimum square footage requirements of the appropriate residential district.

Historical notes: subparagraph (d) of Mobile Home definition amended by Ordinance 04-05, eff October 7, 2004.

Prior to 2004 amendment, subparagraph (d) read: “Arriving at a site to be occupied as a dwelling unit complete, meeting minimum square footage requirements of seven hundred and twenty (720) square feet”.

MOBILE HOME CONDOMINIUM PROJECT. A condominium project in which mobile homes are intended to be located upon separate sites which constitute individual condominium units.

MOBILE HOME PARK. A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

MOBILE HOME SPACE. A plot or parcel of land within the Mobile Home Park designed to accommodate one (1) mobile home.

MOBILE HOME STAND. That part of an individual Mobile Home site that has been reserved for the placement of the Mobile Home, appurtenant structures, or additions.

MODULAR HOME. A fabricated, transportable building unit designed to be incorporated at a building site into a structure on a permanent foundation for residential use.

MOTEL. A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transients. The term "motel" shall include buildings designed as "auto courts," "tourist courts", “travel lodge”, "motor courts", "motor hotels", and similar names that are designed as integrated units of individual rooms under common ownership. For the purposes of this ordinance, "motel" and "hotel" have the same meaning.

MULTIPLE FAMILY. Buildings designed and built to have 3 or more dwellings having common walls.

NONPROFIT ORGANIZATION. The term "nonprofit organization" shall include any church, school, governmental agency, service club or similar organization which owns or leases property in Tobacco Township.

NONCONFORMITY. Any legal use of land or building, any parcel of land, or any building or other structure which does not comply with all of the District Regulations for the Zoning District in which it is located. Private roads existing at the time of adoption of this Ordinance are legal nonconforming uses of land. See Private Road Ordinance 03-07 to alter existing Private Roads.

NONCONFORMING USE. Any legal use of a building, structure, or land existing at the time of enactment of this Ordinance, and which does not conform to the regulations of the district or zone in which it is situated. (Refer to Ordinance 03-07 for requirements to alter private roads existing on the effective date of said ordinance.)

NURSERY. Land or greenhouses used to raise flowers, shrubs and plants for sale.

OFFICE. An office is a place of business in which professional services are rendered or management activities of an enterprise are carried out. All such activities take place inside a building. Office activities include, but are not limited to, law, medicine, dentistry, accounting or computer consulting, bookkeeping, tax preparation, insurance, securities brokerage, executive or managerial functions for any type of enterprise, workshop or studio for a graphic artist or photographer, studio for broadcast media, all aspects of a newspaper or publishing business except actual printing, binding or distribution centers, and a base of operation for salespeople which does not include storage or display of merchandise.

OPAQUE. Not pervious to light.

OPEN SPACE, DEVELOPED. Any unoccupied space open to the sky on the same lot with a building. See COURTS.

OUTDOOR USE. A use, of which the majority is conducted outside of a structure of any kind.

PARCEL. A parcel is a continuous piece of land under uniform ownership that is occupied or intended for occupancy by a principal building or use and any accessory structures or uses thereto. Every parcel shall abut upon and have permanent access to a public or private road or street. Also See "Lot."

PERSONAL SERVICE BUSINESS. A personal service business primarily serves needs of individual people or families, including but not limited to hair or skin care, grooming, dry cleaning, millinery or tailoring, shoe repair, and repair of small appliances, watches or jewelry.

PLANNED UNIT DEVELOPMENT. An area of minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi‑public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.

POND. An artificially or naturally confined body of still water, excluding swimming pools.

PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is located.

PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.

PRIVATE ROADS. Refer to Ordinance 03-07 for definition and standards for private roads.

PUBLIC SERVICE INSTALLATION. (Sub-station): A branch or subordinate station of a central facility used to distribute some product or service to a localized area.

PUBLIC STREET. Any vehicular way which: (1) is an existing state, county, or municipal roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; and includes the land between the street right‑of‑way lines, whether improved or unimproved. (4) A public thoroughfare, which affords the principal means of access to abutting property.

PUBLIC UTILITY. Any person, firm, corporation, municipal department or board fully authorized to furnish to the public electricity, gas, steam, cable TV, telephone, telegraph, transportation or water service.

RECREATIONAL USE, COMMERCIAL. Commercial recreational facilities are for profit establishments providing recreational activities for a fee. In general, these activities are participatory in nature. Commercial recreational facilities include such uses as bowling alleys, roller rinks, race tracks, arcades, indoor driving ranges, etc.

RECREATIONAL USE, PRIVATE. A recreational use carried out entirely on private land for the property owner and his guests' pleasure. Private recreational uses are not open to the public or admissible by a fee.

RECREATIONAL VEHICLES. A vehicle designed as temporary living quarters for recreational, camping, travel or seasonal use. RV’s may be motorized (motorhomes) or towable (travel trailers, folding camping trailers and truck campers). Off-road vehicles are not included in the RV definitions

Historical Notes: Added by Ordinance 15-02, eff Dec 24, 2015.

RESTAURANT. An establishment where food and drink are prepared, served, and consumed primarily within the principal buildings.

RESTAURANT WITH ENTERTAINMENT. Any restaurant, as defined above, with live presentations of any kind.

RETAIL. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETAIL, FOOD. Any fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service with or without charge or donation on or at the premises or elsewhere.

RIGHT‑OF‑WAY. A street, alley or other thoroughfare or easement permanently established for passage of persons, vehicles or utilities.

RUBBISH. A general term for solid waste, excluding food waste and ashes taken from residences, commercial establishments and institutions.

SALES AREA. The area open to the public of a retail or wholesale establishment used for the display or transaction of goods.

SEASONAL USE. See "Temporary Building Use" and "Temporary Outdoor Use."

SERVICE AREA. Anywhere fuel is dispensed or any service of the business is performed.

S.E.V. The State Equalized Valuation of the property in question. This is presumed to be fifty percent (50%) of the property's true cash value.

SERVICE BUSINESS. A service business is an enterprise, which deals in the performance of work for hire. No outdoor activity takes place on the premises. All work is performed either at the customer's place of business or residence or within the building occupied by the service business. See also "Office Business," "Financial Business," "Personal Service Business."

SETBACK. The distance between the street right‑of‑way or front, back or side lot line and the front, back or side of a building or any projection of the building, excluding uncovered steps.

SHOPPING CENTER. A grouping of two (2) or more business establishments, developed in accordance to an overall plan and designed and built as an interrelated project. Buildings constructed on out lots shall not be considered part of the shopping center unless access and parking easements are provided.

SIGN. A name identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land and which is intended to direct attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include a sign located completely within an enclosed building.

For the purpose of this ordinance the following sign or sign‑related terms are defined:

(a) AREA, OR SURFACE AREA, OF SIGN. That area per face enclosed by one outline, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display.

(b) BILLBOARD SIGN. A freestanding outdoor sign which advertises something not located on the immediate premises.

(c) CONSTRUCTION SIGNS. Signs which identify architects, engineers, contractors and other individuals or firms, involved with a construction project, but not including advertisement of any product. These include signs announcing the character of the building enterprise or the purpose for which the building is intended.

(d) ELECTRIC SIGN. Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.

(e) ELECTRONIC MESSAGE BOARD. Changeable copy signs in which the copy consists of an array of lights activated and deactivated simultaneously with a frequency of message change of not less than 20 seconds. Signs displaying time and temperature only may change messages with a frequency of no less than 5 seconds.

(f) ENTRANCE/EXIT. Signs directing traffic movement to or from a parcel.

(g) FREESTANDING SIGN. A sign, which is affixed to a permanent foundation, but not attached to the building proper. (Also "Ground Mounted" sign.)

(h) GROUND LEVEL. The elevation to be used for computing the height of signs. Defined as the roadway centerline grade elevation at its intersection with the centerline of the driveway serving the parcel which is located nearest to the sign location.

(i) HIGH PROFILE SIGN. A freestanding identity sign intended to announce the existence of a business located near an expressway interchange to travelers on the expressway so they may react in time to exit safely.

(j) IDENTITY SIGN. A sign that identifies the business, owner, or resident and/or the street address and which sets forth no other advertisement.

(k) ILLUMINATED SIGN. A sign that provides artificial light directly or through any transparent or translucent material.

(l) INSTITUTIONAL BULLETIN BOARD. A structure containing a surface area upon which is displayed the name of a religious institution, school, library, community center, or similar institution and the announcement of its services or activities.

(m) INTEGRAL SIGN. Names of buildings or farm, date of erection, monumental citations, commemorative tablets and the like when made an integral part of the walls of the structure (or roof for farm buildings).

(n) JOINT SIGN. A sign, which gives direction and identification to a group of adjacent businesses whether or not under single management.

(o) LAND DEVELOPMENT PROJECT SIGNS, TEMPORARY. Signs pertaining to the sale, lease, rent or development of a subdivision, planned shopping center, office building, industrial park or similar land parcel.

(p) LOCATION. A lot, premise, building, wall or any place whatsoever upon which a sign is located.

(q) MARQUEE. An identification sign attached to or made a part of a marquee, canopy, or awning projecting from and supported by the building.

(r) OFF‑PREMISE SIGN. A sign, which advertises an activity, business, product or service, not sold or conducted on the parcel on which the sign is located.

(s) POLITICAL CAMPAIGN SIGNS. Signs announcing candidates for public political office and other data pertinent to an upcoming election.

(t) PRIVATE TRAFFIC DIRECTION. Signs directing traffic movement or giving instructions, located within a parcel.

(u) PROJECTION. The distance by which a sign extends over public property or beyond the building line.

(v) PROJECTING SIGN. A sign, other than a wall sign, which projects 18" or more from and is supported by a wall of a building or structure.

(w) PROPERTY RENTAL SIGNS. Signs on the premises announcing rooms, apartment or house for rent.

(x) PUBLIC SIGNS. Signs of a governmental nature and in the public interest, erected by, or on the order of, a public officer in the performance of his or her public duty.

(y) REAL ESTATE SIGNS. Signs advertising the sale, rental or lease of the premises or part of the premises on which they are displayed.

(z) ROOF LINE. This shall mean either the high point of the roof or the top of the parapet, whichever forms the top line of the building silhouette and where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

(aa) ROOF SIGN. Any sign erected, constructed, and maintained wholly upon or over the roof of any building.

(ab) SETBACK. A distance measured from the outer boundary of a parcel in which erection of a sign is not permitted. A Front Setback is measured from the edge of the right of way of any abutting roadway. A Rear Setback is measured from the property line opposite the roadway. A Side Setback is measured from any other abutting property line. Corner lots shall require two front setbacks, but only one rear setback.

(ac) SIZE OF SIGN. The size of a sign is computed as the product of its height and its width expressed in square feet. A sign shall be considered to have not more than two (2) sides, i.e., a 3‑sided sign equals two (2) signs.

(ad) TEMPORARY SIGN. A display, informational sign, banner, or other advertising device intended for a limited period of display, including any sign, which can be physically lifted, pulled, carried or wheeled from one location to another.

(ae) WALL SIGN, FLAT. One affixed directly to or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than eighteen (18") inches at all points.

SITE, AREA. The total area within the property lines excluding rights‑of‑way, easements, etc.

SITE CONDOMINIUM. See CONDOMINIUM SUBDIVISION PLAN.

SOIL or SOILS. Peat, gravel, sand, clay, subsoil, topsoil, earth or other soils, including overburden.

SPECIAL USE. The term applies to a use, which may be permitted by the issuance of a Special Use Permit by the Township Planning Commission. Specified procedures and requirements, as outlined in cited sections must be complied with prior to final issuance of said permit.

SPECIFIED ANATOMICAL AREAS. (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola. (2) Human genitals in a discernable turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. (1) Human genitals in a state of stimulation or arousal. (2) Acts of human or animal masturbation, sexual intercourse (homosexual or heterosexual), or sodomy. (3) Fondling of or erotic touching of human genitals, pubic region, buttock or female breast. (4) Bestiality. (5) Fellatio and cunnilingus. (6) Human excretory function.

STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for hire, remuneration, or sale.

Historical Note: Definition changed by Ordinance 09-01, eff Dec 23, 2009

Prior to the 2009 amendment, this definition read: “An accessory building in which horses are kept for private use and not for hire, remuneration, or sale, and further that no more than three (3) horses are boarded.”

STATE LICENSED RESIDENTIAL FACILITY. A State Licensed Residential Facility is a private residence licensed by the State of Michigan to receive not more than six (6) aged, emotionally disturbed, developmentally disabled or physically handicapped adults who require ongoing supervision but not continuing nursing care. Note that the licensee must be a member of the household and an occupant of the residence. Note also that none of the following may be construed to be a State Licensed Residential Facility: a nursing home, home for the aged, or hospital as defined by Act 368 of 1978; a hospital for the mentally ill as defined by Act 258 of 1974; a county infirmary as defined by Act 280 of 1939; a child caring institution, children's camp, foster family home or group home as defined by Act 116 of 1973; a Veterans' facility as defined by Act 152 of 1885; nor an alcohol or substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, a hotel or a rooming house, nor a residential facility licensed by the State to care for four (4) or fewer minors.

STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3') feet above the top floor level and in which space not more than two‑thirds (2/3) of the floor area is finished off for the use. A half‑story (1/2) containing independent apartments or living quarters shall be counted as a full story.

STORY, HEIGHT OF. The vertical distance from the top surface of one floor to the top surface of the next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joints.

STREET, FUNCTIONAL CLASSIFICATION. Functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. Three basic groups include: (1) Arterials primarily for mobility, (2) Collectors for both mobility and land access, and (3) Locals primarily for land access.

(a) PRINCIPAL ARTERIAL. Serves the major centers of activity of the region, the highest traffic volume corridors, and the longest trip desire.

(b) MINOR ARTERIAL. Interconnects with and augments the principal arterial system and provides service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials.

(c) COLLECTOR. Collector system provides both land access service and for local traffic movements within residential neighborhoods, commercial areas and industrial areas.

(d) LOCAL. Serves as direct land access and access to higher systems.

STREET LINE. The legal line of demarcation between a street right‑of‑way line and land for service, benefit or enjoyment.

STRUCTURE. A man-made object assembled from interrelated parts.

Historical Note: Added by Ord 08-01, eff Feb 25, 2008.

SUBDIVISION.

a. (As defined in the Land Division Act) The partitioning or splitting of a parcel or tract of land for the purpose of sale, or lease for more than one (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent, and that is not exempted from the platting requirements of the Land Division Act (MCL 560.101 et seq.) by sections 108 and 109 (MCL 560.108 and MCL 560.109). A subdivision is subject to the platting requirements of the Land Division Act (MCL 560.103).

b. (As used in this ordinance) Subdivision shall mean a recorded platted parcel of land further divided into lots, streets and roads, which has met all approval and recording requirements of the Land Division Act (Chapter 560, Michigan Compiled Laws).

SUBSTANTIAL PROPERTY RIGHT. A veritable right to specific material property.

SUB STATION. A branch or subordinate station of a central facility used to distribute some product or service to a localized area.

SWIMMING POOL. An artificially contained body of water for the purpose of swimming excluding hot tubs. A swimming pool is greater than 2 ft deep at any point.

TATOO AND PIERCING PARLOR. An establishment whose principle business activity, either in terms of operation or as conveyed to the public, is the practice of one or more of the following: (1) placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

TAVERN. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged alcoholic beverages may be served or sold only as accessory to the primary use.

TEMPORARY BUILDING USE. A use in a temporary or permanent structure, established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period granted in the special use permit.

TEMPORARY OUTDOOR USE. A use carried out in an open area or uncovered or temporary structure, which is disbanded when the designated time period, activity, or use for which the temporary structure was erected, has ceased.

TRAILER. A structure, standing on wheels, towed or hauled by another vehicle and used for short term occupation, carrying materials, goods or objects or for use as a temporary office.

TRUCK TERMINAL. An area and buildings where cargo is stored and where trucks are loaded and unloaded on a regular basis.

USE. The employment or occupation of a building structure or land for service, benefit or enjoyment.

VARIANCE. A modification of the literal provisions of this Ordinance granted when strict enforcement thereof would cause practical difficulties due to circumstances unique to the specific property on which the modification is granted by the Zoning Board of Appeals. This definition refers only to nonuse variances. Use variances are not authorized in this township.

Historical Note: Amended by Ord 08-01, eff Feb 25, 2008.

Prior to 2007 amendment, this definition read: “VARIANCE. A modification of the literal provisions of this Ordinance granted when strict enforcement thereof would cause practical difficulties or unnecessary hardship due to circumstances unique to the specific property on which the modification is granted by the Zoning Board of Appeals.”

WAREHOUSE. A building used primarily for the storage of goods and materials.

WHOLESALE AGRIBULTURAL PRODUCTS. Grain, seed, feed, fertilizer and other products commonly sold for use in agriculture.

WHOLESALE BUSINESS. A wholesale business is an enterprise which buys and/or repackages products for sale to retail businesses. Inventory of a wholesale business is stored within an enclosed building.

WIRELESS COMMUNICATION FACILITY. Wireless communication shall mean any personal wireless services as defined in the Telecommunications Act of 1966. Which includes FCC licensed commercial wireless telecommunication service including cellular, personal communication services (PCS) specialized mobile radio (SMR) and enhanced specialized mobile radio (ENSM) paging, and similar service that currently exist; or that may in the future be developed.

YARD. An open space on the same lot with a building, which may not be occupied by buildings, man-made structures or parking areas, except as otherwise provided. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line (property line) and the building line.

YARD, FRONT. A yard between the front lot line and the nearest point of the main building.

YARD, REAR. A yard between the rear lot line and the nearest point of the main building.

YARD, SIDE. A yard between the nearest point of the main building and any side line.

ZONING DISTRICT. Zoning Districts are those areas of the community within which similar land use activities are permitted and for which the regulations contained within this Ordinance are the same. Zoning Districts are identified by Section 301.

ZONING ADMINISTRATOR. Administers and enforces the zoning ordinance.