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Ada Township City Zoning Code

ARTICLE VI

AGP AGRICULTURAL PRESERVATION4


Footnotes:
--- (4) ---

Editor's note— Ord. No. O-021710-1, § 1, adopted Feb. 17, 2010, amended art. VI in its entirety and enacted the provisions set out herein. The former art. VI, titled AG Agricultural, derived from Ord. No. O-042682-1, §§ 5.01—5.04, adopted April 26, 1982; Ord. No. O-011485-1, adopted Jan. 14, 1985; Ord. No. O-012290-1, adopted Jan. 22, 1990; Ord. No. O-110893-1, adopted Nov. 8, 1993; Ord. No. O-082294-1, § 1, adopted Aug. 22, 1994; Ord. No. O-06269501, §§ 2, 3, adopted June 26, 1995; Ord. No. O-021296-1, § 4, adopted Feb. 12, 1996; Ord. No. O-052896-1, § 1, adopted May 28, 1996; Ord. No. O-062600-2, § 2, adopted June 26, 2000; Ord. No. O-041403-1, § 1, adopted April 24, 2003; Ord. No. O-042803-1, § 1, adopted April 28, 2003; and Ord. No. O-061305-1, §§ 2, 3, adopted June 13, 2005.


Sec. 78-151.- Description and purpose of district.

The purpose of this district is to preserve the integrity and viability of agricultural land uses in those portions of the township having land and soils best suited to agriculture, to minimize the fragmentation of large lots into multiple small lots, to minimize the extent of nonagricultural uses in the district that may interfere with or conflict with agricultural operations, and to minimize the need for additional public facilities and services that would occur from more intense development. A limited number of nonfarm residential uses are permitted, subject to standards contained herein intended to minimize conflict with agricultural uses and maintain the viability of agricultural uses.

(Ord. No. O-021710-1, § 1, 2-17-2010)

Sec. 78-152. - Use regulations.

In the AGP district, no land or buildings shall be used, and no buildings shall be erected for any use other than:

(1)

Farms for both general and specialized farming including public and private stables, kennels, and farm buildings.

(2)

Nonfarm single-family dwellings, subject to the provisions of section 78-154.

(3)

Schools, churches and government buildings when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall apply the standards of articles XXI and XXII and the following standards:

a.

The size, nature and character of the proposed use shall not be incompatible with adjoining uses;

b.

The proposed use shall provide adequate open space between it and adjoining properties;

c.

Adequate parking facilities shall be provided for the proposed use;

d.

No traffic congestion or hazards shall be caused by the proposed use; and

e.

The proposed use shall be harmonious and compatible with adjoining properties and the surrounding neighborhood.

(4)

Roadside market stands, subject to conformance with the following standards:

a.

Retail sales conducted on the premises shall be limited to agricultural products grown or produced on the premises.

b.

A building or structure used for the display and sale of farm products shall not exceed 1,200 square feet in area.

c.

Any building or structure in excess of 100 square feet in area used for the display and sale of farm products shall be located a minimum of 50 feet from the front lot line, and 20 feet from a side lot line.

d.

The operation of a roadside market stand may not include ancillary activities or uses intended for customer attraction, amusement, entertainment or recreation, including, but not limited to corn mazes, petting farms or zoos or wagon rides.

(5)

Forestry operations.

(6)

Radio and television stations with or without towers, antennas and masts when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall apply the standards of articles XXI and XXII and the following standards:

a.

All buildings shall be at least 100 feet from all property lines.

b.

All masts, towers, aerials and transmitters shall be at least a distance equal to the height of such structures from all property lines.

(7)

Family day care homes.

(8)

Landscape contractor's establishment, as a use that is incidental and secondary to agricultural use or single-family residential use of the same parcel, when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall apply the standards of articles XXI and XXII and the following standards:

a.

Minimum parcel size shall be 20 acres.

b.

All buildings and all areas used for storage or operation of machinery, equipment, motor vehicles, trailers and stockpiled materials shall be located a minimum of 200 feet from a dwelling unit on any surrounding property.

c.

All machinery and equipment, except for motor vehicles and trailers used in the conduct of the business, shall be stored within a completely enclosed building.

d.

Motor vehicles, trailers, and stockpiled materials such as topsoil, wood mulch, bark or stone shall be stored in locations which minimize views of such materials from adjoining properties and adjoining public roads. Permanent landscape screening shall be installed as needed to accomplish this objective.

e.

Vehicular access shall be located to provide safe access to the site. Where practical, vehicular access on a corner lot shall be provided from the road having the least traffic volume.

f.

Retail sales on the premises to the general public of materials other than nursery stock field-grown on the premises shall be prohibited.

g.

Processing of raw materials on the site, such as shredding of topsoil, wood or bark, shall be prohibited.

h.

For purposes of this section, the term "landscape contractor" shall refer to a business that installs or maintains landscape materials, including trees, shrubs, lawns, perennial and annual plantings and similar materials.

(9)

Group day care homes, when approved by the planning commission as a special use, according to the standards of article XXI, provided the following minimum requirements are met:

a.

The facility is not closer than 1,500 feet to another group day care home, adult foster care home, substance abuse treatment facility or community correction facility.

b.

Adequate fencing exists for the safety of the children in care.

c.

Identifying signs on the property comply with regulations of article XXVI.

d.

Off-street parking shall be provided for family members and other persons associated with the services provided. Child pickup and drop-off areas must be located so as to protect children from moving vehicles.

e.

The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

f.

All state requirements governing the licensing of group day care facilities are met.

(10)

Adult day care homes, when approved by the planning commission as a special use, according to the standards of article XXI, provided the following minimum requirements are met:

a.

The facility is not closer than 1,500 feet to another adult day care home, a group day care home, adult foster care home, substance abuse treatment facility or community correction facility.

b.

A fenced area of adequate size must be provided to provide for the safety of those in care while outdoors.

c.

Identifying signs on the property comply with regulations of article XXVI .

d.

Off-street parking shall be provided for family members and other persons associated with the services provided. Pickup and drop-off area for vehicles must be located so as to provide for safe ingress and egress of vehicles and safety of persons using the facility.

e.

The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

(11)

Day care centers, when operated in conjunction with and as an accessory use to a church, public school or private school.

(12)

Uses in a planned unit development as approved pursuant to the provisions of article XIX.

(13)

Antenna towers and masts for cellular phone and other personal communications services, when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall apply the standards of articles XXI and XXII and the following standards:

a.

The application for special use approval for the tower shall include a visual impact analysis, prepared by the applicant, which includes graphic depictions of the anticipated visual appearance of the tower from important vantage points in the surrounding area. Methods used in preparing the analysis shall be reviewed and approved by the zoning administrator.

b.

A cellular phone or other personal communications services antenna tower shall be exempt from building height limits and the height limits contained in the height exceptions provisions of article I; provided, however, that the tower height shall be the minimum height necessary to serve its intended function.

c.

It is not feasible to provide equivalent service by locating the antenna on an existing tower or other existing structure in the township.

d.

The tower will not have an adverse impact on significant views from properties within one-quarter mile of the tower site. For purposes of this section, a significant view is defined as a view from a residential property which has one or more of the following characteristics:

1.

A view from a residence and its immediate perimeter which encompasses landscape features substantially free of manmade alteration, as a result of the unique topographic siting of the home.

2.

A view which is a dominant feature of a residential building site, and which contributes significantly to the value of the residential building site, as evidenced by the siting of a home on the site, the size, number and orientation of windows on the home, and the location and orientation of improved outdoor spaces on the home site, such as patios and decks.

The fact that the proposed tower may be visible from a residence shall not alone be considered an adverse impact on a significant view.

e.

The tower and any ancillary building housing equipment needed for operation of the tower shall be of a size, type, color and exterior materials which are aesthetically and architecturally compatible with the surrounding area, and as minimally obtrusive as possible. Landscape screening may be required by the planning commission to accomplish screening of ancillary equipment buildings.

f.

The applicant shall provide documentation of any lighting to be installed on the tower. If tower lighting is required or proposed, the tower may not be approved unless the planning commission determines that it will not have significant adverse aesthetic impact on properties and residents of the surrounding area.

g.

The applicant shall provide documentation of conformance with the county international airport zoning ordinance.

h.

The owner/operator of the tower shall agree to permit use of the tower by other communications services providers, including local government agencies, on reasonable terms, so long as such use does not conflict with the owner/operator's use of the tower.

i.

If, for any reason, the tower ceases operation or is abandoned, the township may order its removal from the site by the owner of the tower, within three months of notification by the township.

j.

If the height required for the tower to serve its intended function decreases from the installed height, due to technological advancement, additional tower installations at other locations, or other factors, the tower shall be lowered to such decreased minimum height.

(14)

Land divisions, as regulated in article XXII.

(15)

Adult foster care family homes.

(16)

Open space preservation development, subject to the procedures and standards contained in division 4 of article XXII.

(17)

Farm markets, subject to approval of a site plan by the planning commission, in accordance with article XXII, and subject to conformance with the following standards:

a.

The use shall only be permitted on a lot or contiguous lots in the same ownership having a minimum area of 20 acres.

b.

A minimum of 40 percent of the land area of the subject property, or 10 acres, whichever is less, shall be in active use for the production of agricultural products offered for sale at the farm market.

c.

Any building or structure in excess of 100 square feet in area used for the display and sale of farm products shall be located a minimum of 50 feet from the front lot line, and 50 feet from a side lot line.

d.

A minimum of 50 percent of the products marketed and offered for retail sale on the farm market premises shall be produced on and by the affiliated farm operation. For purposes of this measurement, the following procedures shall be used:

1.

The affiliated farm operation means agricultural land under the same ownership or control (e.g. leased) as the land on which the farm market is located.

2.

The percentage of products produced on and by the affiliated farm shall be measured based on the amount of retail floor space used to display products during the affiliated farm's marketing season, or over a five-year timeframe. If the use of this measure is not practical or feasible, the relative percentage of gross retail sales in dollars of products produced on and by the affiliated farm over a five-year period shall be used, and the farm market operator shall be required to record and maintain sales data in a manner that accurately measures this percentage.

3.

For farm products that are processed on the farm market premises, at least 50 percent of the products' main or "namesake" ingredient must be produced on and by the affiliated farm. (For example, the apples used in preparing apple pies, the fruit in fruit preserves, the apple juice in fermented cider.)

e.

The maximum building floor area that may be used for the display and sale of products offered for retail sale at the farm market shall be 3,000 square feet.

f.

The farm market shall have driveway access to a public road meeting the requirements of the Kent County Road Commission.

g.

Area used for off-street parking of customer vehicles shall be located no less than 30 feet from a front or side lot line. Where feasible, off-street parking areas shall be located to the side or rear of the building used for the farm market, and shall be screened from view from the public road, by either existing or installed plant materials. Parking within the public road-right-of-way shall be prohibited.

h.

Farm products may be processed on the farm market premises, in accordance with applicable local, state and federal law, to produce value-added products that are offered for sale on the premises. Such processing may include, but is not limited to the following: wineries and cideries, with or without a tasting room, licensed in accordance with requirements of the Michigan Liquor Control Commission, cider press, preparation and sale of baked goods, fruit preservation, cheese production.

i.

Ancillary activities or uses intended for customer attraction, amusement, entertainment or recreation shall be limited to the following:

1.

Customer self-harvest or "u-pick" operations.

2.

"Community-supported agriculture (CSA)" operations, in which the farm operation may sell "subscriptions" or "memberships" to the general public, which entitles the subscriber or member to a share of the farm production.

3.

The creation and operation of a "corn maze."

4.

Horse- or tractor-drawn wagon rides.

5.

Operation of a farm animal "petting farm."

The conduct of any other ancillary activities or uses intended for customer attraction, amusement or recreation at a farm market is permitted only with approval of a special use permit by the planning commission, in conformance with subsection j. below.

j.

Farm market ancillary activities or uses intended for customer attraction, amusement, entertainment or recreation conducted at a farm market, in addition to those specified in paragraph i. above, when approved as a special use by the planning commission, subject to conformance with the standards contained in article XXI, Special Uses, and the following standards:

1.

Special events that are either open to the general public or limited to private groups only for cultural, educational, philanthropic or social activities may be held on the premises of the farm market, subject to the following limitations:

(a)

The total number of such events shall be limited to no more than 20 per calendar year.

(b)

Special events shall not be held between 11:00 p.m. and 9:00 a.m.

(c)

Sufficient off-street parking to accommodate the number of vehicles generated by the special event shall be provided, in either a paved or gravel-surfaced parking area, or a mowed field or lawn area.

2.

A special event shall not involve any uses or activities which generate noise that is discernible beyond the property lines of the farm market premises.

3.

The limits specified above shall not be applicable to students in group visits sponsored by public or private elementary or secondary schools.

4.

A special use permit application may be submitted for an individual special event or ancillary activity, or for any number of special events or ancillary activities, subject to the above limitations.

(18)

Private use heliports, when approved by the planning commission as a special use, according to the standards of article XXI of this chapter, and provided the following minimum standards are met:

a.

The proposed heliport and all appurtenant facilities and equipment shall be constructed, operated and maintained in accordance with the published rules, regulations and guidelines of the Federal Aviation Administration and the Michigan Bureau of Aeronautics

b.

The proposed heliport and all appurtenant facilities and equipment shall conform to National Fire Protection Association Standard 418, Standards for Heliports, 2006 Edition, with the exception that Sec. 9.1.2, exempting certain heliports from the requirement to be equipped with portable fire extinguishers, shall not apply. Portable fire extinguishers shall be required at all heliports, at a location and stored in a manner approved by the fire chief.

c.

The touchdown and lift-off area (TLOF), as defined in Federal Aviation Administration Advisory Circular 150/5390-2B, or any successor advisory circular, shall be a minimum of:

1.

300 feet from any adjoining property boundary;

2.

500 feet from any building on property in the surrounding area, other than property owned by the applicant;

3.

2,650 feet from the TLOF of any other heliport facility in Ada Township.

d.

The use shall be located on a lot or lots in common ownership having a minimum lot area of 20 acres.

e.

The facility shall not be used for arrival or departure of a helicopter between the hours of 10:00 p.m. and 7:00 a.m.

f.

The facility shall be limited to private, not-for-hire personal use, and shall not be used for any commercial or business use.

g.

The facility shall be accessory to and ordinarily located on a lot occupied by the principal dwelling of the facility owner. The planning commission may approve a location on a lot that is adjacent to or separated by a public or private road right-of-way from the owner's dwelling lot, if it determines that such a location best conforms with the special use approval standards in article XXI of this chapter.

h.

A helicopter shall not remain in operation on the ground for a period of time greater than that necessary for startup/shutdown, loading and otherwise essential ground operations (generally no longer than five minutes).

i.

As a condition of special use permit approval, the planning commission may impose limits on:

1.

The size and type of rotorcraft permitted to use the facility.

2.

The frequency of helicopter operations permitted at the facility.

3.

The location, design, type, size, and use of any exterior lighting, buildings, fuel storage or other equipment or facilities associated with the heliport.

j.

The above provisions shall not apply to emergency operations conducted by law enforcement and public safety agencies or emergency medical service providers.

(19)

Adult foster care group homes, when approved by the planning commission as a special use, according to the standards of article XXI of this chapter, and provided the following minimum standards are met:

a.

The facility shall have a capacity to provide foster care to no more than 12 persons.

b.

The facility is not closer than 1,500 feet to a group day care home, adult foster care group home, substance abuse treatment facility or community correction facility.

c.

Identifying signs on the property comply with regulations of article XXVI of this chapter.

d.

The size, design, architectural character and exterior materials of the facility shall be compatible with the character of the surrounding area.

e.

Off-street parking shall be provided in a quantity sufficient to accommodate employee and visitor needs. Parking shall be located and screened by landscaping so as to be least visually objectionable from adjacent roads.

(Ord. No. O-011209-5, § 2, 1-12-2009; Ord. No. O-021710-1, § 1, 2-17-2010; Ord. No. O-052912-1, § 2, 3, 5-29-2012; Ord. No. O-120913-1, § 1, 12-9-2013; Ord. No. O-0912220-2, § 1, 9-12-2022)

Sec. 78-153. - Height regulations.

No residential building shall exceed 35 feet in height. All other permitted buildings and structures shall not exceed their usual customary heights.

(Ord. No. O-021710-1, § 1, 2-17-2010)

Sec. 78-154. - Area regulations.

No building or structure, nor any enlargement thereof, shall be hereafter erected except in compliance with the following yard and lot area requirements, unless otherwise provided for in this article:

(1)

Front yard. There shall be a front yard of not less than 50 feet for dwelling units, 60 feet for farm buildings not housing animals or poultry, and 150 feet for farm buildings housing animals or poultry.

(2)

Side yard. There shall be total side yards of not less than 50 feet and no side yard shall be less than 20 feet for dwelling units, 60 feet for farm buildings not housing animals or poultry, and 150 feet for farm buildings housing animals or poultry.

(3)

Rear yard. There shall be a rear yard of not less than 50 feet for dwelling units, 60 feet for farm buildings not housing animals or poultry, and 150 feet for farm buildings housing animals or poultry.

(4)

Lot area and width. The minimum lot area and width in this district shall be ten acres and 300 feet respectively, unless otherwise specified in this article.

(Ord. No. O-021710-1, § 1, 2-17-2010; Ord. No. O-061322-1, § 1, 6-13-2022)

Sec. 78-155. - Other development standards.

Other standards applicable to all development in this district shall include, but are not necessarily limited to, the following:

(1)

General provisions contained in article I.

(2)

Landscaping requirements and standards contained in article XXV.

(3)

Sign regulations contained in article XXVI.

(4)

Off-street parking and loading regulations contained in article XXVII.

(5)

Public street access and private road and driveway standards contained in article XXVIII.

(Ord. No. O-021710-1, § 1, 2-17-2010)