(A) Maximum number of lots.
(1) The maximum number of lots that may be created for new non-agricultural dwellings in the Ag-1 Zoning District, in addition to creating a lot for an existing dwelling unit pursuant to division (A)(2) below, shall be based on the gross area of the lot of record that is to be split, as listed in the following table:
Permitted Lot Split Table (“Sliding Scale”) | |
Area of Lot of Record | Maximum Additional Lots Permitted for New Dwelling Units |
Permitted Lot Split Table (“Sliding Scale”) | |
Area of Lot of Record | Maximum Additional Lots Permitted for New Dwelling Units |
Less than 10 acres | 0 |
10 - 19.99 acres | 1 |
20 - 39.99 acres | 2 |
40 - 59.99 acres | 3 |
60 - 79.99 acres | 4 |
80 or more acres* | 5* |
NOTES TO TABLE: *In addition to the 5 permitted additional lots, a lot of record of 80 or more acres is entitled to 1 additional lot for each increment of 20 acres in excess of 80 acres. (For example, a lot of record of 100 acres is entitled to a maximum of 6 additional lots, a lot record of 120 acres is entitled to a maximum of 7 additional lots, and so forth). | |
(2) In addition to the number of lots allowed under the table in division (A)(1) above, every farm in the Ag-1 Zoning District that contains a single-family dwelling existing before 8-8-2000 shall be allowed to split a lot from the lot of record and create a new lot for the existing dwelling. This new lot shall comply with § 154.273 of this chapter (except as provided in division (C) below), this section, and other applicable provisions of this chapter for dwellings in the Ag-1 Zoning District.
(3) No splits exceeding the number of splits permitted under divisions (A)(1) and (A)(2) above shall be allowed. After all permitted splits are made, the remaining portion of the lot of record may be used only for agricultural enterprises or other permitted uses excluding non-agricultural dwellings.
(4) A lot created for a new non-agricultural dwelling and the remaining portion of the lot of record for agricultural enterprise shall comply with § 154.273 of this chapter (except as provided in division (C) below), this section and other applicable provisions of this chapter.
(5) The above regulations shall not cause the lot of record to be split in such a manner that would violate the lot split provisions contained in the Land Division Act, Public Act 288 of 1967, as amended. Any provision of this chapter notwithstanding, the township is not responsible for any violations of this chapter or Ch. 151 of this code of ordinances.
(6) For purposes of this section, a LOT OF RECORD is a lot of record, as defined in § 154.006 of this chapter, which exists as of the effective date of this section of this chapter (8-8-2000). However, when two or more lots of record, as defined herein, are contiguous and under common ownership on the effective date of this section (8-8-2000), and the lots are subsequently combined into a single lot, the combined single lot shall constitute the “lot of record” for purposes of determining the maximum number of lots that may be created for new non-agricultural dwellings pursuant to this section.
(B) Depth to width ratio; minimum and maximum lot size. Each new lot created for a non-agricultural dwelling pursuant to divisions (A)(1) and (A)(2) above shall not have a depth of more than four times its width, shall have a lot size of not less than one acre and not more than two acres and shall have a minimum road frontage of 200 feet. These restrictions shall apply at the time of creation of the lot and thereafter and shall not be violated by the subsequent transfer of property to the lot from an adjacent parcel. For purposes of this section, the depth of a lot shall be measured within the boundaries of the lot from the abutting road right-of way to the most remote boundary line point of the parcel from the point of commencement of the measurement, excluding access roads or easements.
(C) Exception to minimum lot size; agricultural enterprises. If a lot of record of 48 acres or less is split to create a lot for a non-agricultural dwelling pursuant to this section, the minimum net building area for agricultural enterprises on the remaining portion of the lot of record shall be 80% of the area of the lot of record. This provision applies notwithstanding the minimum net building area for agricultural enterprises in the Ag-1 Zoning District in § 154.273 of this chapter. If a lot of record of more than 48 acres is split to create a non-agricultural dwelling pursuant to this section, the minimum net building area for agricultural enterprises on the remaining portion of the lot of record shall be 40 acres as provided in § 154.273 of this chapter.
(D) Monitoring lot splits. The township recognizes that proper administration of the “sliding scale” concept is important in meeting the intent of this chapter. The following procedures have been established to help ensure proper monitoring of lot splits.
(1) Concurrent with the adoption of this section of this chapter, an official map indicating existing lots of record, parcel numbers and land ownership shall be established along with an official register containing this information.
(2) An allotment of non-agricultural dwelling units possible under this chapter shall be made for each parcel in the Ag-1 Zoning District.
(3) As allotments are used up, the official map and register shall be updated to reflect these changes.
(4) The official map and register shall be maintained by the Township Clerk and copies made available for inspection by the public.
(E) Preexisting lots of record; non-agricultural dwellings.
(1) A new non-agricultural dwelling shall be permitted on a lot of record that:
(a) Existed as of 8-8-2000 is more than one acre and less than ten acres in size;
(b) Is not under common ownership with a contiguous lot that would create a lot of at least ten acres in size if the two lots were combined; and
(c) Complies with § 154.273 of this chapter.
(2) Except for a non-agricultural dwelling on a lot of record described in division (E)(1) above, a new non-agricultural dwelling shall not be permitted on any lot other than a new lot created for such purpose by a lot split permitted under division (A) above.
(3) The provisions of this division (E) shall apply notwithstanding any other provision of this chapter.
(F) Variation of maximum or minimum lot size - special use.
(1) Although in the Ag-1 Zoning District, the minimum lot size requirement for a farm or agricultural enterprise is generally 40 acres (§ 154.273 of this chapter), and the maximum lot size for a non-agricultural dwelling unit is two acres (pursuant to this section and § 154.273 of this chapter), certain unusual circumstances may arise that, with special use approval, could merit and justify the creation of a parcel for farm or agricultural uses under 40 acres or the creation of a new lot for a non-agricultural dwelling unit over two acres in size.
(2) If approved as a special use, the Planning Commission may authorize the creation of a new parcel under 40 acres in size for farm/agricultural uses or a parcel larger than two acres in size for a non-agricultural dwelling unit subject to the following conditions and requirements.
(a) For a lot of record, only one parcel under 40 acres in size can be approved as a special use for farm/agricultural use or one parcel over two acres in size can be approved for a non-agricultural dwelling unit. If that occurs, all other lots or parcels created from that lot of record shall fully comply with the minimum lot size requirements of § 154.273 of this chapter and any other ordinance requirements. No special use approval shall be granted by the Planning Commission if any other lot or parcel has already been split or divided off of the lot of record involved (since 8-8-2000).
(b) As a condition of approval of any such special use, all remaining permitted lot splits or land divisions for new non-agricultural dwelling units specified in division (E) above shall be extinguished and a permanent deed restriction may be placed on the property or properties involved to effectuate the extinguishment of such land division or split rights. Such deed restrictions shall be prepared at the expense of the applicant, be in a form and have language as approved by the Township Supervisor (or such other township official as may be designated by the Township Board), shall be signed and properly executed by all of the then-owners of the property involved, and shall be recorded with the county’s Register of Deeds’ records. No such split or land division shall occur until proof that such deed restriction has been recorded with the county’s Register of Deeds’ records has been provided to the township.
(c) In addition to the general standards for a special use contained in § 154.186 of this chapter, the Planning Commission shall also find that the following standards are also met before approving a special use hereunder:
1. The granting of such special use will not have an adverse impact upon remaining or adjoining agricultural properties or uses;
2. The non-agricultural dwelling and driveway shall be located so as to minimize or avoid conflicts between the residents of the proposed dwelling and nearby farmland and to have the least impact on the ability to farm the adjacent land taking into account odors, pesticide and fertilizer application noise from farm equipment operation and other activities normally associated with farming;
3. To the extent possible, the non-agricultural dwelling unit shall be located on land that is difficult or unlikely to be used for agricultural production due to soil types, poor drainage, wetlands, topography, woods or similar conditions;
4. The lot and driveway shall not have the effect of dividing the parent parcel land (original lot of record) into such isolated or small areas that these areas cannot feasibly be used for farming; and
5. Access to any agricultural use or property from the original lot of record shall not be impeded or obstructed.
(3) The proposal will not be contrary to the agricultural preservation goals for the Ag-1 Zoning District, pursuant to § 154.022 of this chapter.
(Ord. passed 7-12-2012, § 8.3; Ord. 2020-01, passed - -2020) Penalty, see § 154.999