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Addison Township City Zoning Code

ARTICLE 6

- A AGRICULTURAL DISTRICT

Section 6.01.- Intent.

This district is intended to conserve and enhance the rural character and agricultural use of substantial portions of the township that do now, and for a substantial period of time, should have such character. By conserving such rural character, the municipality and other public agencies are more likely able to provide necessary community services to protect the public health, safety and welfare by minimizing scattered demand for urban types and levels of services, utilities and facilities in otherwise predominantly rural areas. Further purposes of this district (as addressed in the top community land use concerns of the Addison Township Land Use [Master] Plan) are to encourage agricultural land uses and lifestyles, preserve agricultural and rural viewsheds, watersheds, preservation of rural tranquility, maintaining rural residential density of residential living to promote neighborliness and civic involvement, conservation of natural areas, wildlife habitat, and wildlife corridors and protection of groundwater recharge areas and upland watershed areas from increased volumes and velocities of stormwater runoff, promote the township rural character, goals and objectives and policies of the Land Use [Master] Plan. Furthermore, a variety of entrepreneurial agricultural and commercial pursuits are permitted as special land uses if such uses are found to be compatible with the intent of this district. Minimum lot area shall be ten (10) acres.

Section 6.02. - Permitted principal uses.

1.

Single-family residential detached dwellings.

2.

Generally, recognized farming, including livestock and poultry raising, dairying, horticulture, forestry, raising and maintenance of deer (defined as an ungulate type of animal, having hooves, being herbivorous, and may be horned) for private purposes subject to the approval of the Michigan Department of Natural Resources, and similar agricultural use of land and structures, except that no farm operated wholly or in part for the disposal of garbage, sewerage, rubbish, offal and waste from rendering plants or slaughterhouses may be permitted, and all manure piles or accumulation of refuse shall be located no closer than one hundred (100) feet to any property line.

3.

Family day care home.

4.

Adult foster care family home.

5.

Truck gardening.

6.

Farm buildings.

7.

Greenhouses, nurseries and landscape and gardening services that are not retail in nature.

8.

Public utility transformer stations, substations and gas regulator stations without service or storage yards.

9.

Building contractor's facilities (all storage shall be enclosed within a building, bordering a public road and no more than ten (10) employees other than those residing on the premises).

10.

Landscape and gardening services.

11.

Agricultural processing facilities (for goods and produce from the site).

12.

Antique sales (as an accessory use to a farm).

13.

Sales of agricultural goods produced on the premises and related goods from off-site (which shall be limited to less than half (½) of the on-premises goods as measured by volume of sales).

14.

Private riding arena (subject to the standards of Section 6.04.10).

15.

Caretaker's residence (in compliance with Article 24, Schedule of Regulations, for the S-F zoning district, [the residence shall remain a part of the parent parcel but otherwise meet Article 24 requirements]).

Section 6.03. - Permitted accessory uses.

1.

Private garage not to exceed the greater of eight hundred (800) square feet or fifty (50) percent of the total floor area of the principal dwelling up to a maximum of one thousand two hundred (1,200) square feet.

2.

Barns, sheds, silos, structures for the storage of equipment and similar structures and activities customarily incidental to the principal permitted uses.

3.

Garden house, tool house, swimming pool, playhouse, or greenhouse, if not used for retail purposes.

4.

Seasonal roadside stands for the display and sale of produce grown on the premises. Maximum of one (1) such stand per lot.

a.

The gross floor area of the building shall not be more than eight hundred (800) square feet.

b.

Suitable containers for rubbish shall be placed on the premises for public use.

c.

Any stand located within two hundred (200) feet of any dwelling or adjacent premises shall close by 10:00 p.m.

d.

The building shall be located not less then twenty-five (25) feet from the nearest public right-of-way. Its height shall be no more than one (1) story and approved by the building inspector.

e.

Off-street parking shall be provided. A minimum of five (5) off-street parking spaces per stand are required. Paving of parking is not required.

f.

The building shall be constructed to be portable and shall be removed from its location during the off-season of the produce being sold. It may be stored as an accessory building in the rear yard of the premises, meanwhile subject to all yard setback and space requirements of the district.

5.

Home occupations complying with the definition of home occupation in Article 2 of this ordinance.

a.

The occupation must be incidental to the use of the dwelling as a residence. No on premises sales or public at location.

b.

No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises. All cars buffered from the road and neighboring property.

c.

There shall be no visible evidence that the residence is being operated as a home occupation, except for the permitted sign.

d.

No persons other than members of the immediate family residing in the dwelling and one full time employee shall be employed in the home occupation provide however, a home occupation located upon a parcel of at least ten (10) acres may employ up to ten (10) on-site employees.

e.

Off-street parking shall be provided on the premises, as required by Article 26 of this ordinance, except that pavement is not required.

f.

A home occupation use shall not generate nuisances such as traffic, on-street parking, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced by the use.

6.

Agricultural equipment shall be stored no closer than one hundred (100) feet from any side or front lot line.

7.

Campers, travel trailers, snowmobiles, boats, recreational vehicles, etc., shall be stored in a rear or side yard, or in a fully enclosed building.

8.

Ponds in accordance with Section 4.38.

Section 6.04. - Uses permitted after special approval.

The following uses shall be permitted only after special approval is granted by the planning commission in accordance with the procedures, requirements and standards set forth in this section and in Article 30, and subject to any conditions imposed by the planning commission:

1.

Houses of worship, convents, parish homes, and similar uses.

a.

All ingress to and egress from the site shall be directly to a minor thoroughfare.

b.

No building shall be closer than seventy-five (75) feet from any property line.

c.

Off-street parking shall be provided on the site in a ratio of one (1) space for each six (6) feet of pew length in the main sanctuary or one (1) space for each three (3) persons as designated in the maximum occupancy load of the main sanctuary.

2.

Storage of any heavy duty equipment such as earthmovers, backhoes, bulldozers, semitrucks and trailers, and heavy-duty trucks. Such equipment must be stored in an enclosed building or behind an opaque fence so as not to create a nuisance or eyesore to adjoining property holders.

3.

Stables and riding academies.

a.

Minimum lot area shall be one (1) acre per horse.

b.

Stables, corrals, and piles of manure, or feed shall not be located nearer than 100 feet to any property line and not nearer than one hundred (100) feet to any dwelling.

c.

Animals shall be confined in a suitably fenced area, corral, or paddock.

d.

The facility shall be so constructed and maintained that odor, dust, noise or drainage shall not constitute a nuisance or hazard to adjoining premises.

e.

A shelter must be provided for all horses, including a separate stall for each horse. The minimum dimension of each stall shall be ten feet by ten (10) feet.

f.

Manure piles shall be stored, removed, and/or applied in accordance with county health department regulations.

g.

A vegetative strip at least fifty (50) feet wide shall be maintained between any animal holding area, manure pile, or application area and any surface water or well, in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption.

h.

Off-street parking shall be provided at one (1) space per every two (2) horses (or other riding animals), based on the number of horse stalls or maximum number of horses allowed on the property, plus one (1) per every employee on the largest shift.

4.

The raising of furbearing animals.

a.

Lot area shall be sufficient in size to provide not less than two hundred (200) feet between any lot line and any structure, care or pen housing such furbearing animals.

b.

All outdoor animal areas shall be screened from view from off-site with a sound-deadening masonry wall, at least six (6) feet in height, or a landscaped greenbelt of evergreen trees. Such evergreens shall be a minimum of four (4) feet in height at time of planting, and shall be planted and maintained so as to form an opaque screen.

c.

The level of noise emitted from the property shall not exceed sixty (60) decibels, as measured at the property lines.

d.

Facilities shall be established and maintained in accordance with all applicable county and township sanitation regulations.

5.

Private noncommercial recreation uses, institutional or community recreation centers.

a.

The proposed site shall have at least one (1) property line abutting a minor thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said minor thoroughfare.

b.

Front, side and rear yards shall be at least eighty (80) feet. The first fifty (50) feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be shielded.

d.

Whenever off-street parking areas are adjacent to land zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land.

e.

No outside storage shall be permitted.

6.

Kennels.

a.

All kennels shall be located on a lot large enough so that no pens, cages, runs or other kennel structures are closer than two hundred (200) feet from any property line.

b.

Dogs shall be kept within an enclosed building during the normal sleeping hours of 10:00 p.m. through 7:00 a.m. Such enclosed building shall be constructed with sound-deadening walls and ceiling.

c.

During the hours of 7:00 a.m. until 10:00 p.m., dogs shall be permitted in covered outdoor runs or pens. Dogs shall be kept confined and not allowed to run at large on the property, except as part of supervised field training.

d.

All outdoor animal areas shall be screened from view from off-site with a sound-deadening masonry wall, at least six (6) feet in height, or a landscaped greenbelt of evergreen trees. Such evergreens shall be a minimum of four (4) feet in height at time of planting, and shall be planted and maintained so as to form an opaque screen.

e.

The level of noise emitted from the property shall not exceed sixty (60) decibels, as measured at the property lines.

f.

When dogs are kept for commercial purposes such as sale, breeding, boarding or training, off-street parking shall be provided at a minimum of one parking space per four (4) dogs that can be accommodated in the kennel.

g.

Kennel facilities shall be established and maintained in accordance with all applicable county and township sanitation regulations. Kennels shall be constructed with a drained concrete or an approved septic system, or other provision for the safe, sanitary collection and disposal of wastes.

h.

At the discretion of the planning commission, a community impact statement may be required for any kennel with a capacity of eight or more dogs. The purpose of the community impact statement is to provide relevant information concerning potential environmental effects and to provide the necessary information for the planning commission to make a rational determination on the request. The community impact statement shall include, but not be limited to, the following information:

1)

Land use map indicating the subject property and land uses of adjacent properties for a radius of one-half mile.

2)

Site conditions of the subject property indicating:

a)

Location and size of existing natural features such as trees, streams, bodies of water, floodplains, soil types and conditions, topography, [and] groundwater table.

b)

Location and size of existing facilities and utilities (roads, water service, septic system or sanitary sewer, storm drain, gas lines, electric lines, etc.).

c)

Features adjacent to and directly across the street, i.e., pavement width, driveways, passing lanes, curb cuts, etc.

3)

Detailed description of the proposed operation including number of employees (if any); purpose(s) of keeping the dogs such as sale, breeding, boarding or training; locations and times of training activities.

4)

Description of the means of sanitary waste disposal and estimated volumes, water service, solid waste disposal, and storm drainage. The adequacy and maintenance practices for such facilities shall be analyzed.

5)

Detailed description of proposed methods for minimizing potential off-site impacts of noise and odor.

i.

The planning commission may specifically limit the number of adult dogs housed in a kennel. Any expansion in the adult dog population of twenty-five (25) percent or more shall require special approval of the planning commission.

7.

Veterinary clinic.

a.

Minimum building setback shall be one hundred (100) feet from all property lines.

b.

All principal use activities shall be conducted within a totally enclosed main building.

c.

The site shall have at least one (1) property line abutting a minor thoroughfare. All ingress and egress shall be directly onto or from the minor thoroughfare.

d.

Off-street parking shall be provided in conformance with Article 26 of this ordinance.

8.

Functional equivalent family; additional persons. The limit upon the number of persons who may reside as a functional equivalent of the domestic family may be increased or enlarged beyond a maximum of six (6) unrelated persons upon a demonstration by the applicant of all of the following:

a.

There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises which is capable of driving, and adequate storage for each person proposed to reside on the premises.

b.

The extent of increase or enlargement of the limit upon the number of persons shall not, considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities, or schools.

c.

There shall be a minimum of one hundred twenty-five (125) square feet of usable floor space per person on the premises.

d.

Approval of a request to increase the number of persons who may reside as a functional equivalent family with additional persons shall require the planning commission to determine the specific maximum number of persons authorized to reside on the property, and any minimum parking or storage requirements to be maintained.

9.

Cemeteries, subject to the following conditions:

a.

The cemetery site shall contain an area of at least twenty (20) acres.

b.

The site shall be so located as to have at least one (1) property line abutting a minor thoroughfare as designated on the township thoroughfare plan of the township land use [master] plan. All ingress and egress to the site shall be directly onto said minor thoroughfare.

c.

The perimeter of the site shall be fenced in accordance with Section 4.26.

d.

Any structure located on the site shall be at least one hundred (100) feet from any lot line.

e.

Compliance with applicable state laws regulating the use of cemeteries.

10.

Public riding arenas.

a.

The lot shall not be part of a recorded plat.

b.

The minimum lot area shall be ten (10) acres and no more than one (1) horse may be housed for each one (1) acre of land.

c.

Private riding arenas shall not be open to the general public and grandstands or other spectator facilities shall be prohibited.

d.

No riding arena shall be permitted within five hundred (500) feet of any subdivision, site condo development, or multiple-family residential development of record, as measured from any portion of the riding arena building to the nearest lot line of such residential development.

e.

No riding arena building or outdoor practice track shall be located closer than one hundred (100) feet to any property line. Also, in no instance shall a stable or confined paddock area be located closer than one hundred (100) feet to any property line. Any permitted horse may, however, be pastured to the property line provided the pasture is properly fenced.

f.

In no instance shall any stable, riding arena or other building be located nearer than one hundred (100) feet to any dwelling on the premises.

g.

A riding arena building shall not exceed ten thousand (10,000) square feet in gross floor area on a minimum ten (10) acre site, except that an additional one thousand five hundred (1,500) square feet of floor area may be permitted for each additional full acre in lot area, provided that no riding arena shall exceed fifteen thousand (15,000) square feet in gross floor area.

h.

No riding arena building shall exceed the maximum height of structures permitted in the district where it is located.

i.

All riding arenas, stables, practice tracks and confined paddock areas shall be kept clean and manure shall be disposed of in such a manner as to control odor, runoff and insects.

j.

No riding arena building shall not [sic] be used for any purpose other than as an area to ride, exercise or train horses.

k.

All required conditions and use limitations of any public riding arena shall be set forth in a written agreement, prepared in a recordable form, which agreement shall be recorded at the office of the Register of Deeds in Oakland County, Michigan, by the applicant at his sole expense, prior to the issuance of any building permit for the riding arena.

l.

No public or private riding arena over four thousand five hundred (4,500) square feet in area shall be permitted unless the planning commission shall find that it is designed, located and operated in such a manner and under such conditions that each of the following applies:

1)

The public health, safety and welfare will not be adversely affected;

2)

It will be compatible with adjacent land uses;

3)

No living quarters will be located in the arena building; and

4)

If a private riding arena, it will be used only for horses that are permanently stabled on the same property, and will not become a commercial venture, which would generate nonresidential traffic.

11.

Group day care homes, subject to the following conditions:

a.

The group day care home is not located closer than one thousand five hundred (1,500) feet to any of the following:

- Another licensed group day care home.

- Another licensed adult foster care small group home or large group home.

b.

Appropriate fencing for the safety of the children in the group day care home is provided in accordance with the requirements of Section 4.26.

c.

The lot location shall be such that at least one property line abuts a minor thoroughfare. The ingress and egress for off-street parking areas for residents, employees and guests shall be directly from said thoroughfare.

d.

The group day care home facility shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted, nor substantially diminish or impair property values within the neighborhood.

e.

The principal and accessory buildings shall be a minimum of one hundred (100) feet from any residential structure in the district.

f.

The group day care home facility shall meet all applicable requirements of the Michigan Family Independent Agency or successor regulatory agency.

12.

Extraction of valuable natural resources.

a.

Natural resources shall be considered valuable for the purposes of this section if a person, by extracting natural resources, can receive revenue and reasonably expect a profit.

b.

An applicant for a special use permit for extraction of valuable natural resources shall demonstrate:

(1)

That there are valuable natural resources located on the property for which a special use permit is sought,

(2)

That there is a need for the valuable natural resources by the applicant or in the market served by the applicant, and

(3)

No serious consequences would result from the extraction, by mining, of the valuable natural (resources) utilizing the standards set forth in Silva v. Ada Township, 416 Mich. 153 (1982) as applicable:

(a)

The relationship of extraction and associated activities with existing land uses.

(b)

The impact on existing land uses in the vicinity of the property.

(c)

The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence.

(d)

The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property.

(e)

The impact on other identifiable health, safety, and welfare interests in Addison Township.

(f)

The overall public interest in the extraction of the specific natural resources on the property.

c.

All extraction shall be subject to the mining requirements and regulations of Section 22.07 Mining requirements and regulations of the Addison Township Zoning Ordinance, which may be modified in terms of reasonable regulation of hours of operation, blasting hours, noise levels, dust control measures, and traffic, not otherwise lawfully pre-empted by part 632 of the Natural Resources and Environmental Protection Act, 1994 PA 451, (MCL 324.63201 to 324.63224. However, such regulation shall be reasonable in accommodating customary mining operations.

d.

All extraction shall be subject to Section 22.08, Environmental Impact Study of the Addison Township Zoning Ordinance.

(Ord. No. 13-1, § 2, 3-18-2013; Ord. No. 14-1, § 4, 4-21-2014)

Section 6.05. - Area, density, height and yard regulations.

1.

Minimum lot area: Ten (10) acres.

2.

Minimum lot width: Three hundred (300) feet.

3.

Maximum ground floor lot coverage: Five (5) percent.

4.

Minimum yards (setbacks):

Front: Sixty (60) feet.

Side, least one: Thirty (30) feet.

Side, total two: Sixty (60) feet.

Rear: Fifty (50) feet.

5.

Accessory buildings.

a.

Accessory buildings shall be subject to all requirements of this ordinance, including Section 4.21, except that no accessory building shall be located closer than fifteen (15) feet from any lot line and an accessory building may be located on a parcel provided it is not in the required front yard setback.

b.

Notwithstanding Section 4.21, farm-related accessory buildings shall not exceed fifty (50) feet in height, provided that any such accessory building shall meet the setback requirements of a principal building if it exceeds fourteen (14) feet in height.

6.

Maximum height: Two and one half (2½) stories or thirty-five (35) feet. Nonresidential buildings and structures shall not exceed fifty (50) feet.

7.

Minimum floor area per dwelling unit: One thousand one hundred (1,100) square feet.

8.

Other major regulations applicable to this district can be found in Article 4, General Provisions, and Article 26, Off-Street Parking and Loading Regulations.

9.

All structures shall be set back twenty-five (25) feet from all natural feature areas as defined in Article 2 of this ordinance. For site plan applications that require planning commission approval, this setback may be reduced by the planning commission. Individual requests for reduction of the setback may only be granted as a variance from the township zoning board of appeals. Both bodies, in approving a reduction in the setback, shall determine that it is clearly in the public interest. In determining whether the setback reduction is in public interest, the benefit that would reasonably be expected to accrue from the proposed development shall be balanced against the reasonably foreseeable detriments to the natural features. Docks, piers, decks, boardwalks, or seawalls may be located within the natural feature setback.

Section 6.06. - Site plan approval required.

In accordance with Article 29, with the exception of permitted principal agricultural uses and single-family detached residential uses a site plan shall be required for all principal and special approval uses permitted in this district.

Section 6.07. - Environmental impact study.

An environmental impact study may be required by the planning commission or the township board, as part of the required site plan review process, subject to the provisions of Section 4.45, Environmental impact statement requirements.