The rural estate residential district is established to permit single-family residential development of a rural non-farm nature in areas without public sewer and water facilities on lots with a minimum of five acres. In recognition of the larger lot areas, certain uses permitted in the A agricultural district are permitted in this district as accessory uses. For the rural estate residential district, in promoting the general purpose of this ordinance, the specific intent of this section is:

1.

To encourage the construction of, and the continued use of the land for single-family dwellings.

2.

To permit new agricultural livestock activities at a limited scale compatible with rural non-farm single-family residential uses.

3.

To permit the continued operation of existing farms and agricultural activities.

4.

To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district.

5.

To encourage the discontinuance of existing uses, except farms, that would not be permitted as new uses under the provisions of this ordinance.

6.

To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets.

7.

To discourage any use which, because of its character or size, would create requirements and costs for public services, such as water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.

1.

Single-family detached dwellings.

2.

The growing of vegetables, fruit, flowers, trees and shrubs.

3.

Publicly owned and operated museums, parks, playfields, libraries, and other recreational facilities.

4.

Public, parochial or private elementary, intermediate and/or high schools offering courses in general education, not operated for profit.

5.

Family day care homes.

6.

Adult foster care homes.

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 than 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 and the following conditions:

a.

The occupation must be clearly incidental to the use of the dwelling as a residence.

b.

No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises.

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 shall be employed in the home occupation.

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 in the residential neighborhood.

6.

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

7.

Small scale truck gardening.

8.

Livestock may be kept on a lot with a minimum area of five (5) acres. Maximum number of livestock allowed as follows:

Horses, ponies: One (1) per acre.

Cows: One (1) per acre. The combined number of cows and horses may not exceed one (1) animal per acre.

Pigs, sheep, goats: Two (2) per acre. If a combination of horses, cows, sheep, goats and pigs are to be maintained, two (2) sheep, goats or pigs may replace either a cow or a horse in the total number allowed as indicated above.

Poultry: Thirty-five (35) per acre.

All animals shall be properly fenced and contained.

9.

Barns suitable for housing of animals and storage of the necessary hay and grain they consume may be constructed on the premises. All barns and outbuildings shall require a zoning compliance permit. Barns and outbuildings shall conform to minimum setback requirements for residential buildings.

10.

Lots on which animals are kept shall be substantially fenced. Special training or exercising corrals shall be located not less than one hundred (100) feet from any lot line.

11.

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

12.

Ponds.

13.

Any use customarily incidental to the permitted principal use.

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 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 heavy duty equipment such as earthmovers, backhoes, bulldozers, combines and tractors.

a.

Minimum lot size shall be ten (10) acres.

b.

All such equipment shall be stored in an enclosed building.

c.

Storage shall be only in a rear yard and shall be at least fifty (50) feet from any property line.

d.

No such equipment shall be moved or driven between the hours of 10:00 p.m. and 7:00 a.m.

3.

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 to minimize off-site illumination.

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.

4.

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 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 Department of Social Services.

5.

Private 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 similar 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 1,5000 [sic] 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.

A riding arena building shall not be used for any purpose other than as an area to ride, exercise or train horses.

k.

No 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)

It will be used only for horses that are permanently stabled on the same property, and will not become a commercial venture that would generate nonresidential traffic.

6.

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. 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.

7.

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.

1.

Minimum lot area: Five (5) acres.

2.

Minimum lot width: Three hundred (300) feet.

3.

Maximum ground floor lot coverage: Ten (10) percent.

4.

Minimum yards (setbacks):

Front: Sixty (60) feet.

Side, least one (1): Thirty (30) feet.

Side, total two (2): Sixty (60) feet.

Rear: Fifty (50) feet.

5.

Maximum height: Two and one half (2½) stories or thirty-five (35) feet.

6.

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

7.

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

8.

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 township board approval, this setback may be reduced by the township board upon recommendation of 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.

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

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