The A-1 Agricultural District is designated to be the most restrictive of the residential districts for rural residential purposes. This district is also intended to provide for agricultural and agriculturally related uses. These areas of the township generally have lower population densities, generally poor soils for on-site sewage disposal, no public sewer, limited or no public water service, and limited other public services. Plans for improving public services are limited due to the relatively low population and larger, more open areas.

(Ord. of 7-25-07)

In an A-1 Agricultural District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Ordinance.

(1)

Farms (see definition) when located on a parcel of land ten (10) acres or more in area located outside the boundaries of either a proprietary or supervisor's plat.

A farm shall be subject to the health and sanitary regulations of St. Clair County and the State of Michigan. No farm shall be operated for the disposal of garbage, sewage (except when such sewage is applied by State approved methods for the purpose of fertilizing the soil on a farm and when approved by the Township Board), rubbish, offal or rendering plants, or for slaughtering of animals (except such animals as may have been raised on the premises immediately prior thereto and for the use and consumption by persons residing on the premises).

(2)

Raising of livestock and farm animals (but not including feedlots, see definition) for the purpose of this ordinance, shall constitute a farm and require at least ten (10) acres. No livestock or animal buildings or pens shall be located closer than fifty (50) feet from any abutting R-1 or RM-1 district. (Michigan's "generally accepted agricultural and management practices" (GAAMPS) may require a greater setback to avoid a nuisance suit.) All livestock and farm animals shall be kept within a fenced enclosure. All livestock or animal buildings and enclosures shall be kept in a well maintained condition.

Comment: The farm operator is advised that to avoid potential nuisance suits, the raising of livestock and farm animals should be conducted and sited in accordance with the Michigan "generally accepted agricultural and management practices" (GAAMPS) under PA 261 of 1999. The Township under this ordinance is not incorporating the GAAMPS by reference in this ordinance.

(3)

An Accessory Residential Animal Hobby on non-farm lots or parcels outside of an existing residential plat, subdivision, and condominium development, unless such development is originally designed to provide for said accessory residential animal hobbies as provided herein.

Raising of hobby animals on parcels of land less than ten (10) acres in area shall be limited to one (1) animal unit for the first five (5) acres, plus one additional animal unit for each two (2) additional acres. Such use shall be accessory to an existing residence located on the same lot or parcel. Animals kept for a bona fide youth club or class project are included under this permitted use. All hobby animals shall be kept within a fenced enclosure or other appropriate barrier sufficient to contain hobby animals on the premises. No hobby animals or animal buildings, pens, or corrals shall be located closer than fifty (50) feet from any abutting property line, except that hobby animal paddocks (see definition) may extend to a fence at the established property line.

Note—All other hobby animal types not in the table below are to be calculated as one thousand pounds live weight equals one animal unit.

All hobby animals or animal buildings and enclosures shall be kept in a well-maintained condition, and waste products shall not create a health hazard or an animal nuisance. Storage or piling of waste products shall be confined to areas where hobby animal buildings and quarters are permitted (accessory building) and away from wells, water bodies, and drainage ways. Notwithstanding the below table, offspring of said animals may be kept on the premises for the time period which is customary for the species involved.

A plot plan (not a full site plan) is required for this use (See section 132.1416.6).

On five (5.0) to 6.99, seven (7.0) to 8.99, or nine (9.0) to 9.99 acre parcels the following numbers of hobby animals shall be allowed.

¹The animal equivalents shown here are based on U.S. Code of Federal Regulations: 40 CFR122, Appendix B (§ 122.23)

²Each weighing over 25 kilograms, approx. 55 lbs.

(4)

Sale of agricultural products raised or grown on the farm premises (including roadside stands, subject to the provisions in the paragraph immediately following below) for such sales, and sale of agricultural related items such as seeds and fertilizers when carried on entirely within the dwelling or accessory buildings and when carried on as an accessory use to a farm.

In the case of roadside sales and roadside stands, a given sale shall not extend for more than a three (3) month season. There shall be no more than two (2) seasonal sales permitted in a calendar year. The roadside stand shall be located not less than ten (10) feet from the existing road right-of-way; and an open area for patron's parking shall be provided subject to the same ten-foot setback and shall be improved sufficiently to permit safe and reasonable ingress and egress. All structures or buildings used for the sale shall be of portable construction, temporary, non-permanent, and not anchored to the site. Said structures must be removed from the front yard of the premises within ten (10) days from the termination of a given seasonal sale.

A plot plan (not a full site plan) is required for this use (see section 132.1416.6).

(5)

Dwellings, single-family.

(6)

Open space preservation development (residential clustering) as provided in Section 132.1421.

(7)

Foster family homes (1—4 children) and foster group homes (5—6 children). See definitions.

(8)

Family day care homes (1—6 children). See definition.

(9)

State licensed residential facilities for six (6) or fewer persons, subject to the notification and subject to a limit of a one thousand five hundred-foot radius spacing between facilities. See definition.

(10)

Swimming pools subject to the requirements of Section 132.1424.

(11)

A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. An application for zoning compliance under Sections 132.1604 and 132.1605 shall be made. The following additional conditions and restrictions shall apply:

a.

Such home occupation shall be carried on entirely within the dwelling and exclusively by the inhabitants thereof.

b.

No article shall be sold or offered for sale on the premises except such as is produced within the dwelling or is provided incidental to the service or profession conducted therein.

c.

Such occupation shall not require internal or external alteration or construction features, equipment, machinery, or outdoor storage.

d.

Such occupation shall not exceed the use of more than twenty-five (25) percent of the total floor area of the dwelling, but in no event more than five-hundred (500) square feet of floor area.

e.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off street, and other than in the required front yard.

f.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot on which the occupation is conducted. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences, or causes fluctuations in line voltage off the premises.

g.

No signage shall be allowed for a home occupation.

(12)

Publicly owned and operated libraries, parks, parkways, and recreational facilities.

(13)

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

(14)

Cemeteries which lawfully existed at the time of adoption of this Ordinance.

(15)

Accessory buildings and uses, customarily incident to any of the above permitted uses.

(Ord. of 7-25-07)

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to review and approval of the Planning Commission under the provisions of Article XIII:

(1)

Feedlots (see definition) and the raising of fur bearing animals as provided in Section 132.1313.

(2)

Commercial composting facilities as provided in Section 132.1314.

(3)

Kennels and animal clinics as provided in Section 132.1315.

(4)

Plant and tree nurseries and greenhouses with sales areas.

(5)

Bed and breakfast facilities (see definition) as provided in Section 132.1316.

(6)

Group (child) day care home (see definition) as provided in Section 132.1317.

(7)

Places of worship (churches, synagogues, mosque, temple, etc.) and other facilities normally incidental thereto subject to the following conditions:

a.

Buildings of greater than the maximum height allowed in Article XII, "Schedule of Regulations" may be allowed provided front, side, and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.

b.

All access to the site shall be in accordance with Section 132.1418.

(8)

Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with Section 132.1418.

(9)

Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.

(10)

Private non-commercial recreational areas; institutional or community recreation centers; non-profit swimming pool clubs as provided in Section 132.1318.

(11)

Large scale recreation as provided in Section 132.1319.

(12)

Golf courses, which may or may not be operated for profit, as provided in Section 132.1320.

(13)

Communication towers as provided in Section 132.1326.

(14)

Private use landing areas as provided in Section 132.1322.

(15)

Cemeteries when located on sites of 50 acres or more as provided in Section 132.1323.

(16)

Mining and extraction as provided in Section 132.1324.

(17)

Contractor's and Storage of Commercial Vehicles and Equipment as provided in Section 132.1325.

(18)

Uses similar to the uses listed in this section.

(19)

Accessory buildings and uses customarily incident to the uses listed in this section.

(Ord. of 7-25-07)

See Article XII, "Schedule of Regulations" limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Ord. of 7-25-07)