Sec. 14.01. This Zoning District is intended for large tracts of land used for farming, animal husbandry, dairying, horticultural or other agricultural activities as well as single family homes.

Sec. 14.02. In the Agricultural 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 and two 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)

Farm markets per the requirements of Section 14.09 herein.

(e)

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

(f)

Open space preservation projects per Section 4.42 herein.

(g)

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.

(h)

Public schools.

(i)

Private kennels.

(j)

Adult Foster Care Family Home (1-6 adults)

(k)

Family Child Care Home (1-6 minor children)

(l)

Adult Day Care Home (1-6 adults)

(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.

(Ord. No. 17, 8-3-1989; Ord. of 10-6-1994; Ord. of 11-21-2002; Ord. of 1-17-2011, § 1; Ord. No. 10-16O, § 1, 10-27-2016)

Sec. 14.03. The following uses may be permitted in the Agricultural District upon authorization as a Special Land Use by the Planning Commission in accordance with the requirements of Chapter 15A herein.

(a)

Agricultural service establishments which engage in performing agricultural, animal husbandry, or horticultural services on a fee or contractual basis, including but not limited to the following:

(1)

Centralized bulk collection, refinement, storage, and distribution of farm products to wholesale and retail markets (such as grain cleaning and shelling; sorting, grading, and packing of farm products and agricultural produce milling and processing);

(2)

Pasteurization of milk and juices;

(3)

Frozen food lockers;

(4)

The storage and sale of seed, feed, fertilizer, and other products essential to agricultural production;

(5)

General repair and welding of farm vehicles, machinery and equipment;

(6)

Facilities used in the research and testing of farm products and techniques.

(b)

Uses which utilize farm land, farm buildings, or farm equipment for agri-tourism/rural recreation/amusement enterprises when conducted on land which contains as active farm operation and in accordance with Section 14.10 herein. Such uses include, but are not limited to: crop mazes, hay rides, horse and wagon rides, petting farms, tractor and horse pulling contests, mud runs, barn dancing, agricultural educational events, bicycle and foot trails, and similar uses which promote agri-tourism.

(c)

Wineries, breweries, and distilleries per Section 14.10 provided the farm products or product used to produce the beverages are grown primarily on the premises or on an affiliated farm. The sale of such beverages shall only be by bottle as approved by the applicable State of Michigan agencies. The Commission may approve the temporary use of farm products not under the control of the person selling or producing such products if the winery, brewery, or distillery is a startup business.

(d)

Veterinary clinics including those with kennel facilities.

(e)

Commercial kennels.

(f)

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

(g)

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

(h)

Public fair grounds, community centers, campgrounds.

(i)

Parks, playgrounds, nature preserves, or similar recreational facilities operated by a governmental or non-profit group.

(j)

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.

(k)

Disc golf courses.

(l)

Municipal fire stations and service buildings.

(m)

Commercial stables for riding, training, and boarding.

(n)

Blacksmith shops.

(o)

Private landing fields.

(p)

Group Child Care Home (7-12 minor children).

(q)

Private schools.

(r)

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 14.02 (m) (1) and (2) but which does not comply with Section 14.02 (m) (3) herein. Such facility shall also comply with Section 14.11 herein.

(s)

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 14.11 herein.

(t)

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

(u)

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

(Ord. of 1-18-1996, § 1; Ord. of 1-17-2011, §§ 1, 2; Ord. No. 10-16O, § 2, 10-27-2016)

Sec. 14.04. 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. 10-16O, § 2, 10-27-2016)

Sec. 14.05. No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area, and building coverage requirements:

(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. In order to construct a dwelling unit in the F, Agricultural District, a lot shall comply with one of the following conditions:

(1)

A lot created after January 1, 1993, shall contain a minimum of one acre and a maximum of two acres, except that the lot area may be increased for the sole purpose of accommodating a well and septic system if so required by the Allegan County Health Department, but in no case shall the parcel exceed five acres or 500 feet of frontage.

(2)

A lot shall contain 40 acres or more.

(3)

Every parcel of 2.0 acres or more in size which contains a single family dwelling existing before January 1, 1993, shall be allowed to split a lot from the existing parcel in order to create a new lot for the existing dwelling. This new lot shall consist of at least one acre with 200 feet of frontage.

(4)

Any parcel which existed as of January 1, 1993, which became nonconforming in area or lot width as a result of the lot size requirements of this chapter, may be used for a dwelling provided all other requirements of this chapter are met.

(5)

Any parcel may be divided so that up to four new parcels are created which meet the requirements of Section 14.04(d)(1) and 14.04(f) herein and Section 4.40. Any land remaining after the creation of four new parcels may be used for building purposes as permitted below:

(i)

If the remaining parcel is over 10 acres in size with at least 200 feet of public road frontage one single family dwelling or one two family dwelling may be allowed.

(ii)

If the remaining land is further divided in accordance with Section 14.06 of this Ordinance and the Township Subdivision Control Ordinance or Site Condominium Ordinance one single family or one two family dwelling per lot may be allowed.

(6)

Lot area. The minimum lot area required herein shall include that portion of any public or private road which is included in the legal description for that or lot.

(e)

For all uses other than dwelling units, the minimum lot size shall be one acre.

(f)

Lot width. Each lot created after January 1, 1993, shall have a minimum lot width of two hundred (200) feet at the front lot line. This minimum lot width must then be maintained throughout the remaining portion of the parcel. For corner lots, the required minimum lot width shall be provided along one street only.

A lot containing a dwelling unit or building other than a farm building must have its required lot width abutting a public road.

(Amend. of 1-3-1985; Ord. No. 92-1, 12-3-1992; Ord. of 10-16-1996, §§ 1—3; Ord. of 5-6-2004; Ord. No. 05-04, 5-6-2004; Ord. No. 10-16O, § 2, 10-27-2016; Ord. No. 04-20O, Art. I.d., 10-29-2020)

Sec. 14.06. 

(a)

No one story, one family dwelling shall hereafter be erected, altered, or moved upon any land or premises in this district, which provides less than 900 square feet of floor area at the first floor level, exclusive of attached garages, unenclosed porches or any other accessory structure.

(b)

No one family dwelling of more than one story shall be hereafter erected, altered or moved upon any land or premises in this district, which provides less than 900 square feet of floor area at the first floor level, exclusive of attached garages, unenclosed porches, or other accessory structure.

(c)

As an exception to the foregoing, a dwelling house of an area not less than 700 square feet at the first floor level shall be permitted solely in the case of a person residing on the particular premises in said district and engaged in the farming business on said premises or adjacent premises as his primary source of income.

(d)

As a further exception to the foregoing, in the event of destruction of an existing dwelling house in this district by fire or other calamity, then the Board of Appeals may, in the case of unusual hardship, allow a variance from the above square footage requirements with respect to the construction by the owner and occupant of the dwelling house as so destroyed; but in any event, the variation shall not permit a dwelling house to be so constructed with an area of less than 700 square feet at the first floor level.

(e)

Spacing of building:

(1)

Detached accessory buildings shall not be closer than 10 feet to another detached accessory building or a principle building.

(2)

In all instances, all smaller buildings and structures shall be so spaced, one from the other and from larger buildings, as to lessen fire hazard and to promote efficiency in extinguishing fires.

(f)

For purposes of this Section, "first floor" and "first floor level" in the case of an approved earth-sheltered or berm dwelling shall mean the main floor area of the dwelling.

(Amend. of 1-3-1985; Ord. No. 29, 9-2-1993; Ord. No. 05-16O, § 2, 9-29-2016; Ord. No. 10-16O, § 2, 10-27-2016)

Sec. 14.07. In the Agricultural Zoning District, all lots created under the Subdivision Control Act of 1967, PA 1967 No. 288, as amended, and the Condominium Act, PA 59 of 1978, as amended, must have the required lot width on public roadways and approved private roads which existed as of January 1, 1993.

(Ord. No. 92-1, 12-3-1992; Ord. No. 10-16O, § 2, 10-27-2016)

Sec. 14.08.

(a)

A lot may be created which does not abut a public street. Such lot shall not contain a building or dwelling unit except for farm buildings as defined herein.

(b)

In the Agricultural Zoning District, an easement which provides access to a parcel which does not abut a public road is not considered to be a private road or a private road easement and is therefore permitted.

(Ord. No. 92-1, 12-3-1992; Ord. No. 10-16O, § 2, 10-27-2016)

[Former Section 14.08 moved to Section 14.03 by Ord. No. 10-16O, adopted Oct. 27, 2016.]

Sec. 14.09. 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:

1.

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.

2.

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:

(a)

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

(b)

Such farm markets shall provide safe, adequate and convenient off-street parking which does not require the vehicle to back into the abutting public road to exit the site.

(c)

The items used to display the farm products shall be taken down when the farm market is not operating.

3.

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.

(a)

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, stormwater 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.

(b)

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.

(c)

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

(d)

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.

(e)

Approval by the Allegan County Health Department may be required.

(f)

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.

4.

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 25% of the total square footage used to display all of the products offered for retail sale on the property and that such non-farm products do not comprise more than 25% of the total gross dollars of all products sold.

5.

Signs. Signs for a farm market are permitted per the sign regulations of Chapter IVA herein.

(Ord. of 1-17-2011, § 2; Ord. No. 10-16O, § 2, 10-27-2016)

Sec. 14.10.

(a)

For agri-tourism /rural recreation/amusement commercial enterprises the following regulations shall apply:

(1)

Sufficient off street parking spaces shall be provided to avoid parking of patron vehicles on adjacent streets. Such parking need not be paved.

(2)

Such uses shall not be subject to the site plan review submittal requirements of Chapter 14A of this Ordinance. The applicant, however shall submit an accurate drawing illustrating the location of the parcel, lot lines, setbacks of existing and proposed buildings, location and dimensions of the parking area, the width and location of access drives, location of exterior lights, floor plan of processing and retail area and event area and other relevant features of the site and the use shall be submitted to the Planning Commission for review in conjunction with the Special Use Permit application.

(3)

The Planning Commission may consult with the public safety officials and the Township Building Official as necessary before approval of the activity.

(4)

Those portions of buildings or similar enclosures where patrons are allowed to enter shall be subject to review and approval by the Dorr Township Building Official in order to ensure the safety of the public.

(5)

Compliance with the sign regulations of Dorr Township.

B.

For wineries, breweries, and distilleries the following regulations shall apply:

(1)

The parcel containing the use shall be a minimum of 10 acres with 300 feet of lot width.

(2)

Farm markets shall also be allowed in conjunction with such uses.

(3)

Alcoholic beverages produced on site shall not be sold or served by the glass except as allowed by 14.10.B.(4).

(4)

The sale and sampling of alcoholic beverages produced on site by the glass is only allowed in a tasting room in accordance with the requirements of the State of Michigan Liquor Control Commission. Limited food items such as cheeses, pretzels, crackers, fruit and similar finger foods may be served in the tasting room.

(5)

Tours of the facility shall be permitted.

(6)

The building containing the equipment used to produce the alcoholic beverage and other buildings open to the public shall be setback a minimum of 100 feet from any lot line that abuts a parcel zoned residential or a parcel containing a residential use. Other set back requirements shall be as set forth for the applicable principal and accessory uses in the Agricultural Zone.

(7)

Any buildings on site which are open to the public shall be subject to the requirements of the Dorr Township Building Code in order to ensure the safety of the public.

(8)

All parking shall be on site. One parking space for every 300 square feet of useable floor area open to the public shall be provided. The required parking areas need not be paved. A minimum of three off street parking spaces shall be provided.

(9)

One ground mounted sign is permitted not to exceed 32 sq. ft. in size and 6 ft. in height above grade and shall be setback a minimum of 25 feet from all lot lines. The sign may be lighted but an electronic reader board sign is not permitted. All other regulations of Chapter 4A, Signs, shall be applicable.

(10)

Such uses shall not be subject to the site plan review submittal requirements of Chapter 14A of this Ordinance. The applicant, however shall submit an accurate drawing illustrating the location of the parcel, lot lines, setbacks of existing and proposed buildings, location and dimensions of the parking area, the width and location of access drives, location of exterior lights, floor plan of processing and retail area and event area and other relevant features of the site and the use shall be submitted to the Planning Commission for review in conjunction with the Special Use Permit application.

(11)

The applicant shall also provide evidence of compliance with all State of Michigan and Allegan County Health Department requirements to the Township before the use is open to the public.

Sec. 14.11. In addition to the requirements for a Special Land Use as set forth in Article 15A herein a biofuel production facility described in Section 14.03 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.

(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.