[Ord. No. Z, eff. 2-7-1974]
The AG Agricultural and Open Space District is intended for
large tracts of land used for farming, animal husbandry, dairying,
horticultural, or other agricultural activities.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-61, eff. 7-9-2009]
Land, buildings or structures in the AG Agricultural and Open
Space District may be used for the following purposes only:
(1) Farms for both general and specialized farming, together with farm
dwellings and buildings and other installations necessary to such
farms, including temporary housing for migratory workers provided
such housing and its sanitary facilities are in conformance with all
requirements of the Ottawa County Health Department and/or any other
federal, state and/or local regulating agency having jurisdiction.
(2) Greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries,
blueberry and poultry farms.
(3) Riding stables, where horses are boarded and/or rented, if there is a minimum lot area of 20 acres and a site plan that is in accordance with the requirements of Article
II, Division 3, of this chapter is approved by the Planning Commission.
(5) Publicly owned athletic grounds and parks.
(7) Home occupations when authorized in accordance with Section
38-506.
(8) Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section
38-505.
[Amended by Ord. No. 2020-001, eff. 1-27-2020
(9) Kennels when authorized as a special use by the Planning Commission.
In considering such authorization, the Planning Commission shall consider
the following standards:
a. The size, nature and character of the kennel;
b. The proximity of the kennel to adjoining properties;
c. The possibility of noise or other disturbance for adjoining properties
and the surrounding neighborhood on account of the operation of the
kennel;
d. Potential traffic congestion on account of the kennel; and
e. The nature and character of the buildings and structures to be utilized
for the kennel operation.
(10)
Roadside stands when authorized by the Zoning Administrator.
The Zoning Administrator may, in his discretion, decline to decide
such matter and refer decision thereon to the Planning Commission.
In considering such authorization, the following standards shall be
considered:
a. The proposed location of the roadside stand;
b. The size, nature and character of the building and/or structure to
be utilized for the roadside stand;
c. The type and kind of produce and goods to be sold at the roadside
stand;
d. The proximity of the roadside stand to adjoining properties;
e. The time or season during which the roadside stand will operate;
f. The parking facilities provided for the roadside stand;
g. Any traffic congestion or hazards which would result from the roadside
stand; and
h. The effect of the roadside stand on adjoining properties and the
surrounding neighborhood.
(11)
Adult foster care facilities that are subject to Township zoning
jurisdiction and nursing homes are permitted if authorized by the
Planning Commission as a special use. In considering such authorization,
the Planning Commission shall consider the following standards:
a. The number of residents who are to occupy the proposed facility;
b. The effect of the proposed facility on the immediate surrounding
neighborhood;
c. Potential traffic that will be generated by the proposed facility;
d. Available parking for employees, visitors and others;
e. The adequacy of the recreational areas and the open space areas provided
for the proposed facility; and
f. The proximity of the proposed facility to any other adult foster
care facility or nursing home.
(12)
Foster family homes, foster family group homes, family child
care homes, and adult foster care family homes are permitted uses
as required by the Zoning Act. Group child care homes are special
uses to the extent required by the Zoning Act.
(13)
Churches when authorized by the Planning Commission as a special
use. In considering such authorization, the Planning Commission shall
consider the following standards:
a. The size, character and nature of the church building;
b. The proximity of the church to adjoining properties;
c. The off-street parking that is to be provided for the church;
d. The potential traffic congestion and hazards that will be caused
by the church use;
e. The degree with which the church harmonizes, blends with and enhances
adjoining properties and the surrounding neighborhood; and
f. The effect of the church on adjoining properties and the surrounding
neighborhood.
(14)
A building which has existed for at least five years may be
used to store boats, trailers and other recreational vehicles during
off season as an accessory use to an on-going farming operation. No
outdoor storage of such articles shall be permitted. Stored articles
may not be used for living or recreational purposes while on the property.
No sales of the stored articles shall be permitted while on the property.
Except for watercraft stored on the property, no repairs, maintenance
or other work shall be permitted on the stored articles while on the
property. Repairs to, maintenance of, or any other work on watercraft
stored on the property may only be conducted within the building.
No signage advertising the storage activities shall be permitted on
the property. The storage of such articles shall not adversely affect
surrounding neighborhoods or adjoining properties, nor shall it adversely
affect the environment. Buildings located closer than 200 feet from
a residential zoning district must first obtain a special use permit
from the Planning Commission before being used to store such items.
In considering such authorization the Planning Commission shall consider
the following standards:
a. The nature and character of the surrounding neighborhoods and adjoining
properties, including the proximity of residential structures to the
building to be used for such storage;
b. The effect of such use on surrounding neighborhoods and adjoining
properties, such as but not limited to noise, screening, lights and
fumes;
c. The ingress and egress to the property and the building to be used
for such storage, including driveways and turnarounds;
d. The effect of increased traffic on the surrounding neighborhoods,
including connections to major streets;
e. The nature and character of the building to be used for such storage,
including but not limited to its architectural features, previous
and/or current use;
f. The effect of current and/or increased outdoor storage of items and
materials on the property, including parking of vehicles; and
g. The environmental effects of the requested use.
[Ord. No. Z, eff. 2-7-1974]
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. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989]
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:
(1) Front yard. There shall be a front yard of not less than 40 feet;
provided, however, that there shall be a front yard of not less than
150 feet for all farm buildings and structures.
(2) 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 60 feet each.
(3) Rear yard. There shall be a rear yard of not less than 50 feet.
(4) Lot area. The minimum lot area and width for residential uses shall
be 10 acres and 330 feet respectively; provided, however, that any
lot which is platted or otherwise of record as of February 7, 1974,
may be used for one single-family dwelling provided that lots not
served with a public sewer shall have a minimum lot area and width
of 15,000 square feet and 100 feet respectively, and that one lot
may be created by division or splitting of any lot platted or otherwise
of record as of February 7, 1974, if a single-family dwelling was
located on the lot to be created by the splitting as of February 7,
1974, and is such lot created by the splitting is used for one single-family
dwelling, has a minimum lot area of no less than one acre and a maximum
lot area of no greater than three acres, has a minimum width of 100
feet, and the lot or parcel remaining after the split has an area
of no less than 10 acres. The minimum lot area and width for a nonresidential
building or structure shall be 10 acres and 100 feet respectively.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-18, eff. 2-13-1986]
(a) Each dwelling unit shall have a minimum of 1,000 square feet of usable
floor area; provided, however, that all single-family dwellings with
more than one floor level shall meet the following requirements: 1,100
square feet of usable floor area for a 1 1/2-story dwelling,
1,000 square feet of usable floor area in the main and upper level
floors of a tri-level dwelling, and 1,400 square feet of usable floor
area for a two-story dwelling.
(b) The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in Subsection
(a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.