The A-1 district is established in recognition of the areas in the township which are used primarily for agricultural activity. By nature, these areas require large tracts of lands and because of the types of crops, are located in close proximity to Lake Michigan. It is the general purpose of this district to preserve this type of land area and to attempt to decrease encroachment by uses which are not agriculturally oriented.

(Ord. No. 144, 8-13-2019)

(a)

All principal, accessory and conditional uses and structures in the A-1 district shall be subject to the area, location and height restrictions as specified in the Article 35, Schedule of Zoning District Regulations.

(b)

The minimum distance between dwellings shall be 660 feet (as measured by adjacent road frontage) however, this requirement is not applicable to dwellings that are constructed in conjunction with a farm operation having contiguous area of ten acres or more and to be located upon the same premises or dwellings constructed as an open space preservation project permitted by Section 109-5.03.

(Ord. No. 144, 8-13-2019)

Land and buildings in this district may be used for the following uses only:

(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 109-3.46 herein.

(e)

Cemeteries.

(f)

Public and private conservation areas for the preservation of water, soil, open space, forest or wildlife resources.

(g)

Public or private riding, boarding and training stables, provided all exercise areas, grazing areas and similar areas for the corralling of the horses shall be surrounded by a fence or wall adequate to contain the animals.

(h)

Towers and antennas which do not exceed a height of 35 feet per Section 109-3.28 herein.

(i)

Adult Foster Care Family Home (1—6 adults).

(j)

Family Child Care Home (1—6 minor children).

(k)

Commercial storage of recreational vehicles, boats, and equipment within a building which existed as of the adoption date of this Ordinance.

(l)

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.

(m)

Farm Markets/Roadside Stands as regulated by Section 109-5.05 herein.

(n)

Community Supported Agriculture (CSA) where a farm operation produces farm products for a group of farm members or subscribers who pay in advance for their share of the harvest and receive their share either by coming to the farm to pick up their harvest, or by delivery of the harvest to a designated place. A CSA use shall not require site plan approval according to the requirements of Article 23 of this Ordinance but shall require approval by the Zoning Administrator according to the requirements of Subsections 109-5.06(b) and (c) herein.

(o)

U-Pick operation where a farm operation provides the opportunity for customers to harvest their own farm products directly from the plant at the farm operation. A U-Pick operation shall not require site plan approval according to the requirements of Article 23 of this Ordinance but shall require approval by the Zoning Administrator according to the requirements of Subsections 109-5.06(a) and (b).

(p)

Rural Recreation/Amusement Enterprises which utilize farmland or farm equipment for uses which take place substantially outdoors, in conjunction with an active farm operation. Such uses include crop mazes, hay rides, horse rides, petting farms, bicycle and foot trails, pumpkin/gourd picking, haunted trails and barns, play-scapes, fishing, bonfires, and cider mills (non-alcoholic) for on-site sales and consumption only. A farm market may be operated in conjunction with such uses.

Such uses are subject to the requirements of Section 109-5.06, except that review and approval shall be by the Zoning Administrator. As an accessory to rural recreation/amusement enterprises, the limited sale of pre-packaged snack foods, non-alcoholic beverages, and baked goods not produced on the premises but for consumption on the premises shall be allowed.

(q)

Essential public services equipment per Section 109-3.19 herein.

(r)

Ponds, when clearly accessory to the agricultural activities maintained on the premises or preservation of water, soil, or wildlife resources.

(s)

Home occupations per Section 109-3.39.

(t)

Collocated antenna, subject to the provisions of Section 109-3.29(d) herein.

(u)

Structure-mounted wind energy turbines (SMWET) and small wind energy turbines (SWET) in accordance with Article 29.

(v)

Outside storage of property owner or tenant owned recreational equipment as defined herein on a parcel containing an occupied dwelling unit or a principal use. The equipment shall not be occupied for living purposes and shall not be located in a required front yard.

(w)

Accessory uses and structures which are customarily incidental to any of the permitted principal uses and structures.

(Ord. No. 144, 8-13-2019)

The following uses may be permitted in the A-1, Agricultural District upon authorization as a Conditional Use by the Planning Commission in accordance with the requirements of Article 24 herein:

(a)

Processing and packaging facilities, fruit and vegetable.

(b)

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 product to wholesale and retail markets (such as grain cleaning and shelling; sorting, grading, and packing of fruits and vegetables for the grower and agricultural produce milling and processing);

(2)

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

(3)

Crop dusting facilities;

(4)

Fruit packing;

(5)

Farm equipment sales, service, and repair;

(6)

General repair and welding of farm implements and farm machinery.

(c)

Veterinary clinics per Section 109-24.22 herein.

(d)

Commercial kennels per Section 109-24.14 herein.

(e)

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

(f)

Group child care homes per Section 109-24.21 herein (7—12 minor children).

(g)

Private schools not under the jurisdiction of the Michigan Superintendent of Public Instruction.

(h)

Mineral extraction and processing of on-site minerals per Section 109-24.32 herein.

(i)

Rooming houses per Section 109-24.18 herein.

(j)

Wireless communications towers over 35 feet in height per Section 109-3.29 herein.

(k)

Medium wind energy turbine(s) (MWET) and large wind energy turbine(s) (LWET) in accordance with Article 29.

(l)

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

(m)

Private landing fields.

(n)

Hunting preserves.

(o)

Rural Recreation/Special Events which utilize farmland or farm equipment for commercial uses which take place substantially outdoors, in conjunction with an active farm operation and in accordance with Section 109-24.28 herein. Such uses include indoor and outdoor weddings, wedding receptions, company picnics, graduation parties, reunions, and similar gatherings as may be specifically approved by the Planning Commission, but not including musical concerts.

(p)

Wineries, breweries and distilleries on the same premises as an active farm, which involve the sale of wine, hard cider, or other alcoholic beverages which are primarily produced on the site from farm products grown on the premises or on land under the control of the person selling or producing such products, subject to any applicable Federal or State of Michigan law per the requirements of Section 109-5.07 herein.

(q)

Bakeries, cooking demonstrations, food service, and on-site food consumption when incidental to and on the same premises as an active farm operation and subject to all State of Michigan and Mason County Health Department regulations.

(r)

Processing and bottling of dairy products on the same premises as an active farm, produced from farm animals which reside on the premises or on land under the control of the person selling or producing such products; and processing of meats, fruits, and vegetables on the same premises as an active farm, from products which are produced on the site from farm products grown on the premises or on land under the control of the person selling or producing such products, subject to any applicable Federal or State of Michigan law.

(s)

Biofuel production facility accessory to and conducted in conjunction with an active farm operation which produces not more than one hundred thousand (100,000) gallons annually and which complies with Sections 109-5.03(l)(1) and (l)(2) but which does not comply with Section 109-5.03(l)(3) herein. Such facility shall also comply with the requirements of Section 109-24.29 herein.

(t)

A biofuel production facility accessory to and conducted in conjunction with an active farm operation which produces more than one hundred thousand (100,000) gallons but less than five hundred thousand (500,000) gallons annually as regulated by Section 109-24.29 herein.

(u)

Essential public services structures and buildings per Section 109-3.20 herein.

(v)

Home-Based Business per Section 109-24.30 herein.

(w)

Accessory dwelling units per Section 109-24.33 herein.

(Ord. No. 144, 8-13-2019; Ord. No. 156, § 4, 12-9-2025)

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 permanent basis:

(1)

If a farm market is to be housed in a physical structure such as a building or structure as defined and regulated by the Michigan Building Code as amended, then the structure must comply with the requirements of the Michigan Building Code.

(2)

Prior to establishing a farm market in a building or structure, the operator or land owner shall obtain a written permit from the Township Zoning Administrator.

(3)

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:

i.

To be compatible with adjacent land uses; to provide safe and efficient vehicle traffic flow and safety for pedestrians;

ii.

To provide adequate utilities, stormwater management provisions and public services; and

iii.

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.

(4)

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

i.

Information on the type of farm and non-farm products to be sold.

ii.

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: 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.

(5)

The farm market building or buildings shall comply with the setback requirements for principal buildings in the zoning district in which the farm market is located.

(6)

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. Such spaces need not be paved.

(7)

Approval by the Mason County Health Department may be required.

(d)

Sale of Non-Farm Products.

(1)

Farm markets may sell the following non-farm products: landscaping and gardening items, including but not limited to, plant containers, seeds, bulbs, fertilizer, pest control items, bags of mulch and soils, gardening decorations and tools, and other similar gardening accessory items, and the sale of pre-packaged snack foods, nonalcoholic beverages, and baked goods not produced on the premises, 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 all non-farm products does not occupy more than 20% of the total square footage used to display all the products offered for retail sale on the property.

(2)

The Zoning Administrator may allow other non-farm products to be sold provided they are similar to those items listed above.

(e)

Sale of Farm Products Not Produced by the Affiliated Farm. Farm products, as defined in this Ordinance, which are not produced on and by the affiliated farm, may also be sold provided such products do not occupy more than 50% of the total square footage devoted to retail sales on the property.

(f)

The combination of non-farm products and farm products not produced on and by the affiliated farm which are sold at a farm market shall not in any case exceed 50% of the total square footage devoted to retail sales on the property.

(g)

Outdoor display. The display of non-farm products shall be setback a minimum of 40 feet from the front lot line and a minimum of 20 feet from a side lot line.

(Ord. No. 144, 8-13-2019)

Rural recreation/amusement enterprises allowed according to Section 109-5.03(p) shall be subject to the following applicable requirements:

(a)

Sufficient off-street parking shall be provided to avoid the necessity of parking on adjacent streets. Such spaces need not be paved but shall be located so vehicles do not need to back into the public road.

(b)

Such uses shall not be subject to the site plan review requirements of Article 23 of this Ordinance. However, the applicant shall submit an accurate drawing illustrating the location of the parking area, access drives, the location and layout of the proposed activity, and any other information as may be requested by the Zoning Administrator.

(c)

The Zoning Administrator may consult with public safety officials and the Township Building Official as necessary before approval of the proposed activity.

(d)

Signs shall be allowed as regulated by Article 28.

(Ord. No. 144, 8-13-2019)

(a)

Farm markets are permitted in conjunction with such uses.

(b)

Alcoholic beverages produced on site may be sold by bottle, can or other legal container and may be sold or served by the glass as allowed by Subsection (c) below.

(c)

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.

(d)

Tours of the facility shall be permitted.

(e)

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 A-1 Zone.

(f)

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

(g)

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.

(h)

Such uses shall be subject to the site plan review submittal requirements of Article 23 of this Ordinance.

(i)

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

(Ord. No. 144, 8-13-2019)

All dwelling units constructed after the date of adoption of this amendment shall contain the following minimum amount of floor area:

One-story: 900 sq. ft. on the ground floor

Two-story: 800 sq. ft. on the ground floor

Split or bi-level: 800 sq. ft. above grade

(Ord. No. 144, 8-13-2019)

(a)

General Requirements:

(1)

Keeping of Animals. Section 109-3.26.

(2)

Accessory Buildings. Section 109-3.12.

(3)

Private Roads. Section 109-3.45.

(4)

Landscaping for Non-Residential Uses. Article 26.

(5)

Parking of Recreational Vehicles. Section 109-3.25.

(6)

Signs. Article 28.

(7)

Off-Street Parking. Article 27.

(8)

Sidewalks. Article 30.

(b)

Development Procedures:

(1)

Site Plan Review. Article 23.

(2)

Conditional Land Uses. Article 24.

(3)

Site Condominiums. Article 25.

(c)

Appeals and Administration:

(1)

Non-Conforming Lot and Uses. Article 31.

(2)

Zoning Board of Appeals. Article 32.

(Ord. No. 144, 8-13-2019)