The purpose of this district is to (1) provide open land areas for future orderly growth of urban development, continued agricultural use and residential activities of a rural character that are presently without public water and sewage facilities and are likely to remain without such services for an extended period of time and (2) to protect and stabilize the essential characteristics of these areas in order to promote and encourage suitable environments for low density family life, until such time as it may be in the public interest to promote development of a greater intensity requiring higher levels of public services and utilities. The following regulations shall apply to all Residential Agricultural Districts:

No structure or part thereof shall be erected, altered or used and no land shall be used except for one or more of the following purposes:

A.

General or specialized farming, truck gardening, greenhouses, and fowl and rabbit raising, providing no killing shall be done on the farm other than of animals raised on the farm.

1.

On farms devoted to the housing or breeding of cattle, swine, sheep or goats, no pens, corrals, or barns shall be closer than fifty (50) feet to any side property line or less than one hundred fifty (150) feet to any existing right-of-way.

2.

Barns and appurtenances thereto which are in existence at the time of passage of this Ordinance.

3.

Minimum land required for the above purposes shall be five (5) acres.

4.

Keeping and raising for commercial purposes of fowl, rabbits or other small animals, and keeping for personal use only of other livestock, provided they are so housed and fenced as not to become a nuisance.

B.

Detached one-family dwelling (One principal building per lot or parcel).

C.

Home occupations.

D.

Accessory structures. Accessory structures to an agricultural use no closer than twenty-five (25) feet to any side property line.

E.

Private stable(s) for the keeping of horses for recreational purposes:

1.

Land area committed for use shall be a minimum of five (5) acres for two (2) horses and one (1) acre for each additional horse. A foal or foals from a permanent mare which raises the number of horses to a number above the allowable number for the land area involved may be kept without respect to the acreage limitation for two (2) years from birth.

2.

Land area committed for the use shall be fenced so as to prevent horses from becoming at large and the keeping of such horses shall be in such a manner as not to constitute a nuisance.

3.

No building shall be located closer than fifty (50) feet from property line nor any building, pen, corral, or closure to be located closer than one hundred (100) feet from any residence.

F.

Composting.

1.

Farms are permitted to compost agricultural waste produced by the farm operation and organic matter received from off site sources, subject to the following conditions:

(a)

The space devoted to composting and storage of compost must not exceed 400 square feet of land per crop acre;

(b)

Compost shall not be located or applied on wet lands and/or flood planes as designated by the Michigan Department of Environmental Quality (MDEQ);

(c)

Compost must be utilized to enhance the crop land of the farm and shall not be sold or offered for sale;

(d)

Compost shall be applied to the crop land of the farm within one (1) growing season;

(e)

Compost shall be applied to the crop land by the sheet composting method;

(f)

Organic matter received from off site sources shall not contain any nondegradable materials, i.e., plastic, glass, metals, etc.

2.

Composting on residential lots or parcels shall be within a contained area not exceeding thirty-six (36) square feet, and not exceeding a height of four (4) feet and must be located within the rear yard, no closer than five (5) feet to any property line.

(Ord. No. 10-6, § 1.3, 12-8-99; Ord. No. 10-20, § 1, 4-23-03)

Buildings and structures and parts thereof, may be erected, altered or used and land may be used for one or more of the following purposes subject to the approval of the Macomb Township Planning Commission and subject to the Special Land use permit review procedures at section 10.2401 of this ordinance.

A.

Church or place of religious worship.

1.

Minimum site shall be two (2) acres on a continuous parcel.

2.

The site shall abut a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the Township's Thoroughfare Plan.

3.

Screening shall be required next to residential uses or districts.

B.

Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education, subject to the following conditions:

1.

No building shall be closer than one hundred (100) feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes.

2.

All such facilities shall be located so as to provide convenient access to the Township's major thoroughfare system.

3.

Minimum site shall be ten (10) acres on a continuous parcel.

C.

Public owned and/or operated buildings including: libraries, museums, administrative offices, police and fire department facilities, parks and recreational facilities, subject to the following conditions:

1.

Screening shall be provided whenever the site abuts a residentially zoned district.

2.

All buildings shall be set back a minimum of one hundred (100) feet from the property line when abutting residentially zoned districts.

D.

Mushroom farm without compost manufacturing and/or processing.

E.

Heliports as an accessory use to these activities permitted by this Section.

F.

Cemeteries, subject to the following conditions:

1.

The cemetery shall be located on a site of at least ten (10) acres.

2.

All access shall be provided from a major thoroughfare having a right-of-way width of one hundred twenty (120) feet or more as indicated on the Master Thoroughfare Plan.

3.

Crematoriums and chapels shall be centrally located on the site so as not to create traffic flow or compatibility problems for adjoining property.

4.

Screening shall be provided along those sides of a cemetery adjoining residentially zoned property.

5.

Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

6.

Suitable gates for ingress and egress shall be provided, and the principal entrance shall not be closer than two hundred (200) feet to an adjoining residential site nor within one thousand (1,000) feet of a public road intersection.

7.

Walls, fencing or greenbelt shall be installed along public roads and setback a minimum of fifty (50) feet.

8.

No building shall be erected closer than one hundred (100) feet to an adjacent site line and no graves shall be closer than twenty-five (25) feet.

G.

Colleges, universities, and other such institutions of higher learning, public and private, offering courses in general, technical or religious education, all subject to the following conditions:

1.

Any use permitted herein shall be developed only on sites of at least fifteen (15) acres in area.

2.

All ingress to and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least one hundred twenty (120) feet, as indicated on the Master Thoroughfare Plan. Landscaped berms shall be provided along the frontage of the site.

3.

No building shall be closer than one hundred (100) feet to any property line when said property line abuts, or is adjacent to, land zoned for residential purposes.

4.

Screening shall be provided for all parking lots and service, maintenance, or activity centers, when visible from adjoining residentially zoned land.

H.

Public stables, riding academies and hunt clubs, provided the following conditions are met:

1.

The above uses may be permitted on parcels of land that are at least forty (40) contiguous acres or more in area with a minimum of two (2) acres per stabled horse.

2.

Bridle paths and all other riding areas shall be within the confines of the proposed property.

3.

All areas of the site, where horses or other equine are permitted to roam, exercise or feed, shall be enclosed by a fence of not less than four (4) feet and not more than six (6) feet constructed of materials determined to be structurally sound by the building official.

4.

All structures which house, board or show horses, ponies or other equine, or store food, hay straw or manure, shall be set back at least one hundred (100) feet from all property lines.

5.

Direct ingress and egress from a public right-of-way to stable area shall be provided.

6.

All stockpiled manure shall be kept in a central area at least two hundred (200) feet from any property line and shall be regularly treated so as to properly control flies and insects.

7.

Floodlights or any other source of artificial lighting shall be properly shielded or directed from abutting properties.

I.

Private kennels. Kennels shall not create a nuisance by reason of noise or offensive odors.

J.

Commercial kennels and raising of animals for medical experimentation.

1.

A minimum lot area of not less than ten (10) acres, with a minimum lot width of not less than five hundred (500) feet is maintained for such use.

2.

All buildings, pens and runways, for housing or keeping of such animals, shall not be less than one hundred fifty (150) feet from any adjacent property line.

3.

Pens and runways shall be screened from view from all directions either by the building or a greenbelt planting.

4.

Any permit issued for any such uses, shall terminate immediately when the lot area requirements herein set forth are decreased in any manner.

K.

Public utility sub-stations, telephone exchange buildings, gas regulator stations and transformer stations without service yards.

L.

Migratory help in mobile homes. Any owner or lessee of a farm, employing temporary migratory help for the planting, weeding or harvesting of crops shall receive approval for the use of mobile homes as temporary housing from the Michigan Department of Health according to Part 124 of Act 368, Public Acts of 1978, as amended.

M.

Recreation areas and public or private parks:

1.

Golf courses (but not including golf driving ranges, miniature golf courses or free-standing commercial uses), subject to the following conditions:

a.

Minimum site requirements (for public safety).

1.

Nine-hole courses. Not less than sixty (60) acres devoted exclusively to course use.

2.

Eighteen-hole courses. Not less than one hundred twenty (120) acres devoted exclusively to course use.

b.

Any structures to be erected on the site shall be set back a minimum of one hundred (100) feet from any adjoining property site line.

c.

Any accessory use and all of the facilities therefore which are customary and incidental to the normal golf course operation shall be permitted. Such accessory uses shall include, but not necessarily be limited to:

1.

Bathing, tennis and lounging.

2.

Sale and consumption of food and alcoholic beverages on the premises.

3.

Sale and rental of golfing supplies and equipment.

4.

Golf driving range.

5.

Banquet and/or catering facilities.

d.

All ingress to and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least one hundred twenty (120) feet as indicated on the Master Thoroughfare Plan.

e.

Provided that, where a golf course is proposed in any public or private park or recreation area, the Planning Commission shall determine at the site plan review hearing whether a fence shall be erected around the perimeter of said golf course, together with the dimensions and materials to be used in constructing said fence. Full jurisdiction given to the Macomb Township Planning Commission.

2.

Public or private park or recreation areas which may include a softball park, baseball park, swimming pool, tennis court, outdoor ice skating rink and other similar recreation uses, but which may not include any use or activity which produces noises, glare, odor, air pollution, fire hazards or other safety hazards, smoke, fumes or other things detrimental to existing or prospective development within the neighborhood, subject to the following conditions:

a.

The minimum size for such special land use shall be ten (10) acres.

b.

Ingress and egress from the site shall either be in conjunction with and through an approved commercial district development or directly to and from a major thoroughfare as shown on the Township's adopted Master Plan.

c.

All proposed uses shall be specifically listed and each use area clearly defined on the proposed site plan. In addition, hours of operation, estimated maximum number of persons in each use area, number of type of facilities and equipment, and size specifications shall be provided for each use, ride or facility.

d.

Screening of the site deemed adequate by the Planning Commission shall be provided.

e.

No building shall be located closer than one hundred (100) feet to any property line and no intensive or organized activity shall be permitted closer than fifty (50) feet to any property line. Passive areas, such as walkways and picnic areas, may be permitted.

f.

Nuisance concerns, such as noise, odor, dust, site maintenance and similar matters are all proper matters of regulation by the Township. As such, specific data shall be provided with the site plan to assist the Planning Commission in setting limits and conditions for the proposed use.

N.

Bed and Breakfast subject to the following requirements:

1.

Minimum site shall be two (2) acres on a continuous parcel.

2.

No more than eight (8) guestrooms shall be permitted at any establishment.

3.

One (1) off-street parking space shall be provided per room.

4.

All state and local fire, sanitation, and food service provisions are met.

5.

The innkeeper of the establishment must also occupy the residence.

6.

Food service shall be limited to those purchasing lodging, and shall not be advertised to the general public as a restaurant. Additionally, any accessory activity (scrapbooking, equestrian activities, entertainment or recreation activities, etc.) shall also be restricted to lodging guests only, and not available to the general public. These accessory activities shall also be part of the Special Land Use application and subject to the review of the Planning Commission.

7.

Each establishment may be permitted one (1) freestanding or building mounted sign not to exceed four (4) square feet or four (4) feet in height. Such sign shall be setback ten (10) feet from the proposed right-of-way, ten (10) feet from any property line, and outside of the clear vision triangle as defined in the Zoning Ordinance. Such signs shall be externally illuminated, and electronic reader boards shall be prohibited.

8.

The Township shall require annual inspections for zoning compliance with the above regulations and any other applicable Township Codes. Such inspections shall be completed by the Fire Department and Building Department for a fee, as determined by resolution of the Township Board.

O.

Lumbering and clear-cutting, subject to the following conditions:

1.

That a plan be submitted indicating the dimensions of the property, all easements, floodways, locations of trees to be cut, access to the property, location of temporary equipment and all other applicable requirements as defined under Section 10.2402B.

2.

That all tree stumps be removed.

3.

Approval from the Michigan Department of Environmental Quality (MDEQ).

4.

That no trees be removed within wetlands or areas one hundred (100) feet from the established line of a floodway.

5.

That no sawmills or processing of the lumber be done on the site.

6.

That a reclamation plan be submitted with a timetable to the satisfaction of the Planning Commission.

7.

That a permit be issued by the Building Official not to exceed one (1) year.

P.

Composting exceeding four hundred (400) square feet of crop land per crop acre is subject to the following:

1.

Submittal of a Crop Management Plan consisting of:

a.

Identification of crops that will be grown, acreages and realistic expected yields.

b.

A map showing or a written description of the location of the fields in which each crop will be grown and harvested.

c.

A map showing or a written description of the location of fields which will lie fallow.

d.

Written results of soil fertility test conducted by the MSU Soil and Plant Nutrient Laboratory, or equivalent testing agency.

e.

Plant nutrient recommendations, consistent with those of the MSU Soil and Plant Nutrient Laboratory, to determine total compost applications.

f.

Analysis of compost to determine the nutrient content of the compost.

g.

Compost nutrient loadings; consistent with MSU nutrient application recommendations.

2.

The area of land expressed in square feet per crop acre for which composting is being requested.

3.

Description of material that will be composted.

4.

Origin in organic material to be composted.

5.

Location of crop land on which compost will be applied.

6.

Describe method of composting which will be utilized.

7.

Method by which compost will be applied to the crop land.

8.

Management Plan for the off-site separation of inorganic and toxic matter.

9.

Describe the type of equipment, which will be utilized in the composting process.

10.

Management Plan for control of:

a.

Odor.

b.

Drainage.

c.

Dust.

d.

Noise.

e.

Rodents, Flies and other living nuisances.

11.

Identification of: The haul route(s); days and hours of deliveries; time of year deliveries will be made; and frequency that material will be delivered.

12.

Number of employees who are involved in the handling of the organic matter and processing of compost.

13.

Description of each piece of machinery that will be utilized in the handling of the organic matter and processing of compost.

(Ord. No. 10-6, § 1.4, 12-8-99; Ord. No. 10-20, § 1, 4-23-03; Ord. No. 10-56, § 1, 5-13-15)

A.

Minimum size of each residential lot per building:

1.

Area: Forty-three thousand five hundred sixty (43,560) square feet.

2.

Width: Two hundred (200) feet for interior lots and two hundred and twenty-five (225) feet for corner lots.

3.

Depth: Two hundred eighteen (218) feet except for lots where rear lot line abuts a public road right-of-way, then a minimum of two hundred thirty (230) feet.

4.

Ratio: All lots shall not be four (4) times longer than their width.

5.

The area, width and depth of parcels, as noted above, shall be determined excluding the proposed right-of-way abutting streets as noted in the Master Thoroughfare Plan for Macomb Township.

6.

Acreage parcels of ten (10) acres and more shall have a minimum width and depth of three hundred (300) feet.

Any road frontage created shall be not less than three hundred (300) feet of contiguous property.

B.

Maximum height of any structure:

1.

In stories: Two (2).

2.

In feet: Thirty-five (35) feet except farm and essential service structures provided that the parcel has a minimum two hundred (200) feet of street frontage. If the parcel has less than two hundred (200) feet of frontage, the maximum height is limited to twenty-five (25) feet.

C.

Minimum building floor area: No residential or nonresidential building shall be less than two thousand (2,000) square feet except for accessory buildings.

D.

Minimum yard setback:

1.

Front and street - side setbacks shall be provided in accordance with Section 10.0311.

Front and street - side setbacks, for both buildings and parking areas shall be maintained in accordance with the following dimensions as measured from the center line of the street upon which the property is located. For reference, the street or road definitions are those defined in the Macomb Township Master Thoroughfare Plan.

In the case of M-59 (Hall Road) and Gratiot Avenue, setbacks shall be thirty (30) feet except for permanent structures which shall be seventy (70) feet as measured from the right-of-way line as established by the Michigan Department of Transportation.

2.

Side yard:

A.

Non-residential uses: Thirty-five (35) feet or otherwise required by this Ordinance.

B.

Residential lots: Except as provided below in this section, the provisions of Section 10.0311 shall apply. If there is no street line adjacent to the side yard, no principal structure shall be located closer than thirty-five (35) feet to a side property line and combined width of both side yards shall not be less than seventy (70) feet provided further that principal buildings on adjoining lots shall be located not less than seventy (70) feet apart. If, however, any said lot is less than seventy (70) feet, but at least sixty (60) feet in width, no principal structure shall be located closer than four (4) feet to a side property line and the combined width of both side yards shall not be less than fifteen (15) feet; provided, further, that principal buildings on adjoining lots shall be located not less than fifteen (15) feet apart.

C.

Reserved.

D.

Reserved.

3.

Rear yard:

a.

Non-residential lots: Fifty (50) feet or as otherwise required by this Ordinance.

b.

Residential lots: Fifty (50) feet except when rear yard abuts any public road, then the rear yard shall be sixty-five (65) feet.

E.

Maximum lot coverage: Thirty (30) percent.

Decks and/or swimming pools, aboveground or in-ground, shall be exempt from the thirty (30) percent land coverage requirement.

F.

Distance between buildings: Seventy (70) feet.

G.

Screening requirements: All parking areas of non-residential uses which abut a residential use or zone shall provide an eight (8) foot greenbelt or a six (6) foot high decorative wall in compliance with Section 10.0202 and/or 10.0345 of this Ordinance.

H.

Off-street parking requirements: As per Section 10.0323 of this Ordinance.

I.

Reserved.

J.

Lighting requirements: All exterior lighting shall be so directed and shielded so as not to shine on abutting property as per Section 10.0340.

K.

Sidewalks: Sidewalks shall be provided pursuant to Section 10.0339 of this ordinance, and Chapter 14 of Macomb Township Code of Ordinances.

L.

Trash areas: A plan for the handling of trash for non-farm or non-residential uses shall be approved by the Planning Commission.

1.

Outside trash areas shall have inside dimensions with a minimum of twelve (12) feet by twelve (12) and enclosed on three (3) sides with a six-foot high masonry wall with a gate located no closer than fifteen (15) feet to any building.

2.

Indoor trash areas shall be approved by the Fire Department.

3.

Wall constructed to enclose trash areas shall be erected on a continuous foundation and be secured with screened gates, and be located a minimum of fifteen (15) feet from a principle building. The hung type wall, that is with panels hung on channeled pillars, shall not be allowed. All walls to be constructed with a pointed cap, the angle of the pointed cap to be forty-five (45) degrees.

4.

See Appendix: Parking spaces, masonry walls and trash areas for amended drawing relating to subsection 1 above.

M.

Ground cover: Area of the site not used for parking, driveways and buildings shall be provided with ground cover and/or landscaping approved by the Planning Commission.

(Ord. No. 10-11, § 1.1, 3-28-01; Ord. No. 10-12, § 1.2, 6-13-01; Ord. No. 10-17, §§ 1.9, 1.10, 11-13-02; Ord. No. 10-18, § 1, 4-28-04; Ord. No. 10-22, § 1, 4-28-04; Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-40, § 1, 7-22-09; Ord. No. 10-71, § 1, 7-13-22)