Sec. 13.01. This Zoning District is intended for large rural residential estates, farming, and other specialized uses requiring large tracts of land.

Sec. 13.02. In any RE Rural Estate and Open Space district in the Township, no building, structure or part thereof shall be erected, altered or used, or any lot or other land used, in whole or in part, for other than any one or more of the following specific uses:

(a)

Single family detached dwellings.

(b)

Farms, farm operations and farm buildings as defined herein.

(c)

Livestock production facilities and off site manure storage facilities as defined by the Michigan Department of Agriculture Generally Accepted Agricultural Management Practices. (GAAMP's) prepared under the authority of the Michigan Right to Farm Act, PA 93 of 1981 as amended

(d)

Open space preservation projects per Section 4.42 herein.

(e)

Nurseries or greenhouses. Such uses may or may not be operated in conjunction with a landscaping business which grows the plants on site for installation elsewhere. Such a business may also store other landscaping items such as mulch, sand, gravel on site also for installation elsewhere.

(f)

Churches, mosques, synagogues and similar places of religious worship.

(g)

Public parks

(h)

Public schools.

(i)

Private kennels.

(j)

Farm Markets/Roadside Stands as regulated by Section 13.06 herein.

(k)

Adult Foster Care Family Home (1-6 adults)

(l)

Family Child Care Home (1-6 minor children)

(m)

A biofuel production facility accessory to and conducted in conjunction with an active farm operation provided the following requirements are met:

(1)

The facility produces not more than 100,000 gallons annually;

(2)

The facility is located a minimum of 100 feet from the lot line of any contiguous property under different ownership than the property on which the facility is located and meets all other applicable setback requirements;

(3)

On an annual basis, not less than 75% of the feedstock for the biofuel production facility is produced on the farm property where the biofuel production facility is located or on property which is under control of the person conducting the farm operation, and not less than 75% of the biofuel or another product or by-product produced by the biofuel production facility is used on that farm or on property which is under control of the person conducting the farm operation.

(n)

Commercial storage of recreational vehicles and equipment and construction vehicles and equipment may be permitted subject to the following regulations:

(1)

Storage is permitted only within farm buildings already existing as of the effective date of this section. Such storage in new buildings, constructed for such purpose, shall not be permitted.

(2)

All storage shall take place only in a fully enclosed building.

(3)

Such storage activity shall be operated by only the owner or owners of the property where the farm building is located.

(4)

Construction vehicles and equipment shall not be permitted if used in a business such as a contractor's yard or other similar business which would require the vehicle or equipment to be moved off the premises on a frequent or regular basis.

(5)

The storage permitted by the terms of this section shall be carried out in a safe and non-hazardous manner to prevent fires.

(6)

One sign advertising such storage may be placed on the side of the farm building used for such storage and shall not exceed four square feet.

(7)

The above regulations shall not apply to construction vehicles or equipment which are owned or used by a property owner in connection with a farm operation.

(o)

Wind Energy Systems which are 65 feet in height or less per Section 4.43 herein

(p)

Keeping of farm animals and livestock on non-farm parcels per Section 4.48 herein.

(q)

Farm markets. Such farm markets shall comply with the requirements of Section 6.4 herein.

(r)

Adult Day Care Home (1-6 adults)

(Amend. of 3-6-1980; Ord. of 10-6-1994; Ord. of 11-21-2002; Ord. of 1-17-2011, § 3; Ord. No. 02-16O, § 1, 9-29-2016)

Sec. 13.03. The following uses may be permitted in the Rural Estate and Open Space District upon authorization as a Special Land Use by the Planning Commission in accordance with the requirements of Chapter 15A herein.

(a)

Veterinary clinics including those with kennel facilities.

(b)

Commercial kennels.

(c)

Private parks, camp grounds and similar recreation facilities and uses.

(d)

Public fair grounds, community centers, campgrounds

(e)

Golf courses and country clubs. Dining and restaurant facilities, retail sales of golf equipment and similar related accessory uses may be allowed if specifically approved by the Planning Commission.

(f)

Disc golf courses

(g)

Municipal fire stations and service buildings.

(h)

Private landing fields.

(i)

Horse boarding and riding stables.

(j)

Group Child Care Home (7-12 minor children)

(k)

Private schools.

(l)

Biofuel production facility accessory to and conducted in conjunction with an active farm operation which produces not more than 100,000 gallons annually and which complies with Sections 13.02 (m) (1) and (2) but which does not comply with Section 13.02 (m) (3) herein. Such facility shall also comply with Section 13.07 herein.

(m)

A biofuel production facility accessory to and conducted in conjunction with an active farm operation which produces more than 100,000 gallons but less than 500,000 gallons annually as regulated by Section 13.07 herein.

(n)

Commercial outside storage of recreational vehicles, boats, and equipment.

(o)

Wind Energy Systems which are greater than 65 feet in height per Section 4.43 herein.

(Ord. No. 02-16O, § 2, 9-29-2016)

Sec. 13.04. No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

(Ord. No. 02-16O, § 2, 9-29-2016)

Sec. 13.05. No building or structure nor any enlargement thereof shall be hereafter erected unless the following requirements are provided and maintained in connection with such building, structure, or enlargement.

(a)

Front yard. There shall be a front yard of not less than 50 feet.

(b)

Side yard. For residential buildings and structures, there shall be total side yards of not less than 50 feet; provided, however, that no side yard shall be less than 20 feet. For all other buildings there shall be two side yards of not less than 25 feet each. Residential Accessory Structures shall adhere to the regulations of Section 4.04 herein.

(c)

Rear yard. There shall be a rear yard of not less than 25 feet.

(d)

Lot area. The minimum lot area for all uses in this district shall be 43,560 square feet (one acre). Each lot shall have a minimum lot width of 75 feet at the front lot line. This minimum lot width must then be expanded such that the lot width at the required minimum building setback line shall be at least 200 feet. This minimum lot width of 200 feet must be maintained throughout the entire remaining portion of the parcel.

For lots with their entire frontage on a cul-de-sac the above regulations shall also apply except that the minimum lot width of 200 feet shall be achieved at a point 125 feet from the front lot line and then maintained throughout the remaining portion of the parcel.

(Amend. of 1-3-1985; Ord. No. 17, 8-3-1989; Ord. No. 92-1, 12-3-1992; Ord. No. 31, 12-8-1993; Ord. of 5-6-2004; Ord. No. 05-04, 5-6-2004; Ord. No. 02-16O, § 2, 9-29-2016; Ord. No. 11-16O, § 2, 10-27-2016; Ord. No. 04-20O, Art. I.b., 10-29-2020)

Sec. 13.06. Farm markets as defined herein may be conducted as a principal use or on a parcel containing a principal use in accordance with the following requirements:

(a)

In addition to the following regulations a farm market is subject to the Generally Accepted Agricultural and Management Practices (GAAMPs) for Farm Markets as adopted by the Michigan Department of Agriculture.

(b)

Temporary Farm Markets. For farm markets which operate during the growing and harvesting season only and which utilize stands, tables, shelves, canopies, tents, wagons, vehicles or similar display stands and items which are portable and used for the display and sale of farm products the following regulations shall apply:

(1)

Such items shall not be located within the road right of way.

(2)

Such farm markets shall provide off street parking which does not require the vehicle to back into the abutting public road to exit the site.

(c)

Farm Markets in a Building. The following regulations shall apply only to farm markets which operate within a building either on a temporary or full time basis.

(1)

Prior to establishing a farm market in a building the operator or land owner shall obtain a written permit from the Dorr Township Zoning Administrator. In order to obtain this permit the operator or land owner shall submit an accurate drawing illustrating the location of the lot lines, building location and setbacks, parking area, access drives and other relevant features of the site to the Zoning Administrator who shall review the drawing to ensure that the project is designed: to be compatible with adjacent land uses; to provide safe and efficient vehicle traffic flow and safety for pedestrians; to provide adequate utilities, storm water management provisions and public services and; to ensure the orderly development of land uses in accordance with the intent and purposes of this Ordinance.

The Zoning Administrator is authorized to require those measures as are necessary and practical to ensure that the farm market use is designed to meet the above standards.

(2)

One parking space for every 300 square feet of useable floor area shall be provided. Such spaces need not be paved but shall be located so vehicles do not need to back into the public road. A minimum of three off street parking spaces shall be provided.

(3)

Buildings which are constructed for farm market use shall be setback a minimum of 50 feet from the front lot line.

(4)

A building which is to be used as a farm market shall be subject to review and approval by the Dorr Township Building Official prior to using the building in order to ensure the safety of the public.

(5)

Approval by the Allegan County Health Department may be required.

(6)

As part of the submittal requirements the applicant shall provide the following

i)

A floor plan of the building showing the area to be devoted to the sale of the farm and non-farm products in order to verify compliance with the definition of farm market or:

ii)

As an alternative to the floor area requirement the applicant may provide information on the gross dollar sales of farm products in order to verify compliance with the definition of farm market.

(d)

Sale of Non-Farm Products. Farm markets, whether temporary or in a building, may sell non-farm products provided that the sale of all non-farm product items is clearly accessory to the principal farm market use and that the area devoted to the sale of such non-farm products does not occupy more than 50% of the total square footage used to display all of the products offered for retail sale on the property or that such non-farm products do not comprise more than 50% of the total gross dollars of all products sold.

(Ord. No. 02-16O, § 3, 9-29-2016)

Sec. 13.07. In addition to the requirements for a Special Land Use as set forth in Article 15A herein a biofuel production facility described in Section 13.03 herein is subject to the following:

a)

The application materials shall include a description of the process to be used to produce biofuel and the number of gallons of biofuel anticipated to be produced annually.

b)

An emergency access and fire protection plan shall be prepared by the applicant for approval by the Dorr Township Fire Department and the Allegan County Sheriff Department.

c)

For an ethanol production facility that will produce more than 10,000 proof gallons, annually completed United States department of the treasury, alcohol and tobacco tax and trade bureau, forms 5000.29 (environmental information) and 5000.30 (supplemental information on water quality considerations under 33 USC 1341(a)), or successor forms, required to implement regulations under the national environmental policy act of 1969, 42 USC 4321 to 4347, and the federal water pollution control act, 33 USC 1251 to 1387.

d)

A Special Land Use approval of a biofuel production facility shall be made expressly conditional on the facility's meeting all of the following requirements before the facility begins operation and no additional requirements:

(1)

Buildings, facilities, and equipment used in the production or storage of biofuel shall comply with all applicable laws of Dorr Township, the State of Michigan and the federal government.

(2)

The owner or operator of the biofuel production facility provides the local unit of government with proof that all necessary approvals have been obtained from the Department of Environmental Quality and other state and federal agencies that are involved in permitting any of the following aspects of biofuel production:

(i)

Air pollution emissions.

(ii)

Transportation of biofuel or additional products resulting from biofuel production.

(iii)

Use or reuse of additional products resulting from biofuel production.

(iv)

Storage of raw materials, fuel, or additional products used in, or resulting from, biofuel production.

e)

The biofuel production facility includes sufficient storage for both raw materials and fuel.

(Ord. No. 02-16O, § 4, 9-29-2016)

Sec. 13.08. Each dwelling unit, unless specified elsewhere, shall have a minimum floor area as required in the B-1 Residential District.

(Amend. of 1-3-1985; Ord. No. 02-16O, § 4, 9-29-2016)