The R rural district is established to protect and generally preserve the existing character and use of those areas of Bath Charter Township which are presently rural or agricultural. Soil and natural conditions vary throughout this district, including substantial wetlands, some woodlots and a few active farms. These areas are considered to be suitable for both rural (predominantly scattered site) residential development and the perpetuation of existing farming or other low intensity uses. Provisions contained within this district support a continuation of its rural character as these sections of the township lack suburban facilities, e.g., sewer, water and a well-developed roadway system. Further, properties in this district are likely to remain without such services for an indefinite period of time, unless there are massive capital expenditures by the township for such services.

Commentary. The value of agricultural lands, woodland, wetlands and other resources which characterize this district are important to the quality of air, water, natural cycles - and the local lifestyle. Some areas within the rural district are valuable agriculturally while the majority of the area is less appropriate for farming. Together with the public lands and open space district, these lands provide much of the character that makes Bath Charter Township an attractive place in which to live. The district serves to encourage the orderly transition of land from agricultural or undeveloped use, to low-density residential and prohibits uses incompatible with this objective.

In a R rural district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this ordinance. Performance criteria in excess of those regulations governing yards, lot size and the like, may be specified for certain uses. Such provisions are cross-referenced to other sections herein.

A.

Single-family detached dwellings.

B.

Fowl, rabbits, animals including horses, cows, pigs and other livestock are permitted; provided, they are at all times contained within a structure or fenced area; that the structure and area be maintained in a clean, healthful and inoffensive manner, and further, that the structure and area be located so as to minimize the potentially adverse effects of noise or odors on adjacent properties so as to not create a nuisance.

C.

Agricultural or horticultural activities, including general and specialized farming and related activities but not limited to:

(1)

Dairying.

(2)

Raising of grain, grass, mint and seed crops.

(3)

Orchards.

(4)

Apiculture (beekeeping).

(5)

Floriculture (cultivation of ornamental flowering plants).

(6)

Raising of tree fruits, nuts and berries.

(7)

Sod farming.

(8)

Raising or growing of ornamental trees, shrubs and nursery stock.

(9)

Vegetable raising.

(10)

Greenhouses.

D.

Public and private conservation areas and structures for the development, protection and conservation of open space, watersheds, water, soil, forests, and wildlife resources.

E.

Religious institutions including churches, convents, parsonages and other housing for religious personnel; see section 14.06.

F.

Educational institutions including public or private elementary and secondary schools, nursery schools and day care centers; see section 14.06.

G.

Public or private recreational facilities of a noncommercial nature, including parks, playgrounds, camps, parkways and similar recreational facilities; see section 14.06.

H.

Public buildings and public service installations, including municipal, administrative or public service buildings, utility and public service facilities and uses, excluding storage yards, transformer stations and substations; see section 14.06.

I.

Cemeteries; see section 14.06.

J.

Family day care homes.

K.

Reserved.

L.

Adult foster care family homes.

(Ord. No. 31.30, § 5.02, 5-20-2002; Ord. No. 31.59, § 1, 1-16-2018; Ord. No. 31.60, §§ 1—3, 11-19-2018)

State Law reference— Mandatory permitted uses, MCL 125.286a, 125.286g.

The following are permitted accessory uses:

A.

Home occupation; see section 3.02.

B.

Signs; see sections 18.03 and 18.04.

C.

Accessory structures normally associated with single-family dwellings, such as a private garage, shed for yard tools, playhouse, boathouse, woodshed, sauna, and the like.

D.

Swimming pools.

E.

Automobile parking.

F.

Pens or enclosures for household pets.

G.

Accessory uses or structures, clearly incidental to the operation of an existing farm, including:

(1)

Barns, silos, sheds, equipment storage and similar structures customarily incidental to the permitted principal use and structures.

(2)

One roadside stand for the sale of farm produce, specialty crops such as tree fruits, nuts, berries and the like, or foodstuffs made from such produce, providing it is raised on the property.

H.

Activities typically associated with the actions or functions of individual members, participating in organizations such as 4-H, Future Farmers of America and the like.

I.

Adult foster care small group home.

J.

Adult foster care large group home.

(Ord. No. 31.30, § 5.03, 5-20-2002; Ord. No. 31.37, § 5, 4-19-2010)

State Law reference— Mandatory home occupations, MCL 125.271a.

The following uses of land and structures may be permitted in this district, by the application for and the issuance of a special use permit as provided for in article XIX:

A.

Accessory apartment or "ECHO" (Elderly Cottage Housing Opportunities) housing.

B.

Commercial recreational facilities, including golf courses, race tracks, motorcycle hill-climbing sites, go-cart tracks and/or similar establishments.

C.

Gun clubs or commercial sport shooting ranges.

D.

Game preserves or commercial hunting and fishing operations.

E.

Primitive or improved campsites and/or overnight trailer or travel trailer parks.

F.

The removal of soil, sand, gravel and other materials; and the installation of equipment to assist in removal of said materials, or production of asphalt mix.

G.

Private airports or landing fields.

H.

Sewage treatment and disposal installations.

I.

Public or private sanitary landfills or junkyards.

J.

Commercial free-standing towers, exceptions provided in section 19.12.

K.

Storage yards, transformer stations, substations, microwave relay towers and similar facilities associated with public service uses or facilities.

L.

Commercial riding or boarding stables for the hiring, selling, or boarding of ten or more horses; see section 3.02(99).

M.

Veterinarian's offices, commercial kennels and animal clinics.

N.

Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including:

(1)

Corn shelling.

(2)

Hay baling and threshing.

(3)

Sorting, grading and packing fresh (unprocessed) fruits and vegetables.

(4)

Grain cleaning.

(5)

Land grading and excavation.

(6)

Harvesting and plowing, including custom work operations.

O.

Facilities for bulk feed, seed or fertilizer sales, storage or mixing.

P.

Auction sale barns.

Q.

Farm equipment sales, service or repair.

R.

Planned unit development.

S.

Expanded agricultural home occupations. The seasonal production and sales of primary, on-site agricultural products with the secondary production and/or sales of related agricultural goods and services which meet the following requirements:

(1)

The primary agricultural products are grown on site.

(2)

The secondary agricultural goods and services are clearly incidental to the primary agricultural products.

(3)

The applicant shall file a preliminary site plan with the special use permit application, which meets the requirements of article XX.

(4)

The expanded agricultural home occupation shall meet the general home occupation requirements of section 3.02(49)b, e, f, g and h.

(5)

The expanded agricultural home occupation shall meet all building code, health code, and other applicable regulations.

(6)

The expanded agricultural home occupation shall be clearly seasonal in natural and shall be limited to a maximum of 180 days per year or a lesser time specified by the planning commission.

T.

Home businesses; see section 3.02.

U.

Group day care homes.

(Ord. No. 31.23, § 4, 4-11-1998, Ord. No. 31.28, 8-21-2000; Ord. No. 31.37, § 6, 4-19-2010; Ord. No. 31.52, § 2, 11-7-2016; Ord. No. 31.59, § 2, 1-16-2018)

State Law reference— Mandatory special uses, MCL 125.286a, 125.286g.

The following maximum and minimum standards shall apply to all uses and structures in the R rural district:

A.

Minimum lot area. No building or structure shall be established on any parcel less than two acres.

B.

Minimum contiguous lot frontage and lot width. The minimum lot width shall be 200 feet.

C.

Maximum lot coverage. The maximum lot coverage shall not exceed 20 percent.

D.

Yard and setback requirements:

(1)

Front yard: 50 feet.

(2)

Side yard: Twenty feet except in the case of a corner lot where the side yard on the street side shall not be less that the setback required for the front yard.

(3)

Rear yard: 50 feet.

(4)

All permanent or temporary structure(s) housing livestock, or for storage of manure, shall comply with the Generally Accepted Agricultural and Management Practices (GAAMPs) set by the State of Michigan.

E.

Maximum height requirements. No residential (non-farm) structure shall exceed three stories or 35 feet, measured from the average finished grade at the front setback line. Residential (non-farm) accessory buildings shall not exceed a height of 20 feet.

F.

Minimum building floor area. Every dwelling hereafter erected shall have a minimum gross foundation space per dwelling unit of not less than 750 square feet, exclusive of basements, garages, porches and breezeways.

(Ord. No. 31.75, § 2, 5-2-2022; Ord. No. 31.79, § 2, 12-5-2022; Ord. No. 31.81, § 1, 12-19-2022)