(A) Purpose. General agricultural areas are established for the purpose of preserving, promoting, maintaining and enhancing the use of land for commercial agricultural purposes, to prevent scattered and leap-frog non-farm growth, to protect and preserve natural resource areas and to stabilize increases in public expenditures for such public services as roads and road maintenance, police and fire protection and schools.
(B) Permitted uses.
(1) Agricultural land uses;
(2) Livestock feedlots less than 500 animal units subject to all county and state regulations;
(3) One single-family dwelling per lot of record;
(4) Forestry and nurseries (not to include retail);
(5) Small-scale family operated seasonal produce stands;
(6) Public recreation;
(7) Historic sites and areas;
(8) Horticultural use;
(9) One division, per eligible quarter-quarter section or eligible lot of record, as defined and regulated in division (G) below;
(10) Subdivisions and lot line alterations which are purely for agricultural purposes, and do not increase the density or number of residential building sites; provided that, all lots created contain at least 40 acres and at least one complete quarter-quarter section, with public road frontage; and
(11) Solar energy systems.
(C) Accessory uses. Any incidental machinery, structure or building customarily incidental to and necessary to the conduct of agricultural operations or other permitted uses.
(D) Conditional and interim uses.
(1) Conditional uses.
(a) Land reclamation and alteration;
(b) Livestock feedlots in excess of 500 animal units;
(c) Cemeteries;
(d) Churches, not to include a school, but may include a residence;
(e) Township halls;
(f) Sewage treatment plants; and
(g) Essential services in accordance with § 155.098 of this chapter;
(2) Interim uses.
(a) Kennels;
(b) Riding academies;
(c) Home occupations;
(d) Wholesale nursery, landscape and garden sales with seasonal retail sales (not to include retail stores);
(e) Bed and breakfast units in single-family dwellings;
(f) One farm accessory mobile home or structure per farm operation as a temporary use and subject to annual local township review;
(g) Commercial outdoor recreation;
(h) Mining and extraction in accordance with § 155.100 of this chapter;
(i) Non-commercial contractors yards;
(j) Private airstrip, subject to the following conditions:
1. All applicable regulations of the state and federal government are properly satisfied;
2. There are no existing residential subdivisions, and no areas designated for future residential growth within the land use plan of the County Comprehensive Plan, within a radius of one and one-half miles of the proposed airport; and
3. The airport shall be limited to use exclusively by the property owner.
(k) Home extended business in accordance with § 155.103 of this chapter;
(l) Retreat center in accordance with § 155.104 of this chapter;
(m) Large animal veterinary clinics serving agricultural uses and livestock;
(n) Commercial agricultural tourism;
(o) Solar energy systems, as regulated under § 155.108;
(p) Public schools in accordance with § 155.110 of this chapter;
(q) Seasonal storage; and
(r) Treatment and recovery facility.
(E) Prohibited uses. All other uses not listed as permitted, accessory, conditional, or interim shall be prohibited.
(F) Performance standards. Parcels in the Agricultural District which are less than ten acres in size shall be subject to residential standards for animals and lot standards that correspond with the zoning district which is closest in lot size to the parcel. R-1 standards apply for less than 2.5 acres, R-2 for lots 2.5 acres to 4.99 acres and R-2a for lots 5 to 9.99 acres. For all parcels 10 acres and over in size, the following standards shall apply.
(1) Height regulations.
(a) The maximum height of all buildings shall not exceed two and one-half stories or 35 feet.
(b) This height limitation shall not apply to grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys and smokestacks, church spires, electric transmission lines or radio or television towers.
(2) Front yard regulation.
(a) Setbacks:
Required Setback Distance From Road Centerline | Road Class |
130 | State Highway |
130 | County Road and State Aid Highway |
65 | Local Road |
25 | From right-of-way of cul-de-sac or approved “T” |
(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.
(3) Side yard regulations. There shall be side yard width of not less than 100 feet for buildings which will house livestock or any farm animals, and 30 feet for all other buildings.
(4) Rear yard regulations. The rear yard setback depth shall be 50 feet for all non-livestock buildings and no less than 100 feet for buildings that will house livestock.
(G) Requirements and standards for dwellings and permitted divisions.
(1) Limiting definitions.
(a) A quarter-quarter section is a parcel of land consisting of approximately 40 acres and constituting the northeast, northwest, southwest or southeast quarter of a quarter section of land in the United States Government survey grid system of land survey. For the purposes of this section, a government lot shall be considered a quarter-quarter section; provided, it contains at least 30 acres of land above ordinary high water.
(b) An “eligible quarter-quarter section” shall be any quarter-quarter section which meets all of the following:
1. It is complete and under common ownership;
2. It has frontage on a public road; and
3. It does not include any existing dwelling, commercial use or other non-agricultural development.
(c) An “eligible lot of record” shall be a lot of record pursuant to § 155.007 of this chapter which does not include any existing dwelling, commercial use or other non-agricultural use or structure other than accessory uses such as garages, storage sheds and the like and which is greater than ten acres in size, but does not qualify as an eligible quarter-quarter section.
(d) An eligible lot of record or quarter-quarter section may be permitted one single family dwelling on the parcel as a whole, or one division as regulated in division (G)(4) below for the purpose of developing the division. This right shall be referenced as the parcel’s “entitlement”.
(2) Existing residences. Legally existing single-family dwelling on a quarter-quarter section or lot of record over ten acres in size may be subdivided out onto a smaller parcel provided:
(a) The requirements for a division in division (G)(4) below are met; and
(b) The remainder of the property has frontage on a public road.
(3) Determining entitlements on large parcels.
(a) On a farm or adjoining parcels, including all contiguous land under common ownership, extra entitlements shall be available to the entire parcel; provided, the following conditions are met:
1. The lands involved comprise more than 60 acres; and
2. If the parcel is the result of a division since 8-1-1978, then the number of entitlements shall be determined by using the calculations in division (G)(3)(b) below to all contiguous lands under common ownership as they existed on 8-1-1978. These entitlements shall be allocated to the new parcels by the Zoning Administrator based on acreage and the standards contained herein, and appeals shall be heard by the Board of Adjustment; provided that, no extra entitlements may be created.
(b) Entitlements for such parcels shall be determined by the Zoning Administrator as follows.
1. The total acreage of the parcel shall be calculated using the best information available (the administrator or Board of Adjustment may require the applicant to provide a survey of the property in case of dispute over size).
2. Forty acres shall be subtracted from this total for each existing house on the parcel, and for each entitlement division which has occurred since 8-1-1978.
3. The result from divisions (G)(3)(b)1. and (G)(3)(b)2. above shall be divided by 40 acres, and that result rounded to the nearest whole number, which shall be the number of entitlements the entire parcel is allocated. The use of these entitlements shall be subject to all regulations in this chapter, including public road frontage requirements.
(c) The purpose of this provision is to provide relief to potentially inequitable situations where large landholdings may be unduly restricted due to the location of substantial acreage without road frontage. The intent is not to increase residential density in the AG Zone above an average of one house per 40 acres. If a large parcel is subdivided into agricultural parcels, the entitlements shall be allocated at the time of sale in accord with the standards contained within (provided that, no new entitlements may be created), unless otherwise specified and appropriately recorded through deed restrictions or action by the Board of Adjustment or Planning Commission.
(4) Entitlement divisions. If a landowner chooses to use an entitlement on an eligible lot of record or quarter-quarter section as a division, the division and remainder of the eligible parcel shall be subject to the following requirements.
(a) Deed restriction. The owner(s) (including, in all cases, the fee owner) of the eligible parcel must sign and record a deed restriction to apply to the remainder of the parcel. The restriction shall limit any further residences, divisions or non-agricultural development of the remainder in accord with the terms of this section, unless it is rezoned. The restriction shall be on a form provided by the Zoning Administrator.
(b) Landlocked parcels prohibited. The remainder must have frontage on a public road, or must be held in common ownership with contiguous lands which have road frontage. No lot, nor parcel, may be created which does not have road frontage in accord with the requirements herein.
(c) Lot standards.
1. The minimum lot size shall be one acre. Minimum road frontage, lot width, depth, setback and other standards shall be the same as for the residential zoning district closest to the lot’s size.
2. A private access strip with at least 33 feet and not exceeding 66 feet in width, which abuts a public road, may be approved by the Zoning Administrator in lieu of the standard road frontage requirement, if the intent is to provide access to a wooded site, or to otherwise preserve active agricultural land or practices. The strip shall not be an easement, but owned in fee with the division. Maintenance shall be the complete responsibility of the property owner. In no case may such a strip be used to serve more than one residence, unless accepted as a public road by the township. Refusal by the Zoning Administrator to approve such a strip may be appealed to the Board of Adjustment.
3. Maximum lot size shall be:
a. Five acres for divisions from eligible lots of record;
b. Two and one-half acres for divisions from eligible quarter-quarter sections if the building site is undeveloped cropland classified as prime farmland or farmland of statewide importance as defined in the Land Use Plan; and
c. Ten acres in all other instances.
(d) Lot status. The division shall remain zoned AG, General Agriculture, but for the application of rules pertaining to livestock, outdoor storage and other general standards, a division ten acres or less in size shall be considered a residential lot.
(5) Entitlement transfers; standards. The purpose of allowing transfers is to preserve productive farmlands, and to minimize the effects of the residences on the environment, the surrounding neighborhood and nearby farm operations. In no case shall the use of entitlement transfers be used to increase the potential residential density in the Agricultural or Agricultural/Residential Zones. If a new road is proposed or required to serve a group of lots, a plat will be required and the road must be accepted by the township board. These standards are in addition to those contained in § 155.029 of this chapter.
(a) Contiguous common ownership. Entitlements may be transferred to contiguous property under common ownership provided the proposed divisions comply with division (G)(4) above. Said transfers may be approved by the Zoning Administrator if all other regulations are met. Transfers shall require the issuance of a conditional use permit by the Planning Commission if the transfers result in the grouping of three or more homes at one location.
(b) Non-contiguous common ownership. Transfers from property under common ownership, but not contiguous, require the issuance of a conditional use permit. Such transfers must be within the boundaries of the township where the entitlement currently exists and common ownership of the parcels must be established and recorded for a minimum of three years before the transfer can take place.
(6) Certain conditional uses. An entitlement may be used for a division to allow a conditional use provided a deed restriction is placed on the remainder pursuant to division (G)(4)(a) above and the division size is set by the Planning Commission as part of the conditional use permit process. The requirement for a deed restriction may be waived by the Planning Commission if the division is less than one acre in size and for the sole purpose of utility or public service structures needed to promote public health, safety or welfare. The Planning Commission shall waive the requirement for a deed restriction if the division is solely for the creation of a site for a township hall.
(7) Alteration of existing lots. Existing legal lots of record may be altered in size in compliance with these regulations provided an order approving such alteration is signed by the Zoning Administrator and filed with the County Recorder. Said order shall prohibit the creation of any new residential building sites, except in accord with this chapter.
(8) General. The intent of these standards shall be to preserve an average density of one dwelling per 40 acres in the AG District, except where legal lots of record are involved. This intent shall be considered when questions regarding interpretation of these regulations may arise.
(Ord. passed 7-28-2015; Ord. 16-01, passed 5--2016; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 17-3, passed ---; Ord. 18-2, passed 6-19-2018; Ord. 18-4, passed 6-19-2018; Ord. 19-4, passed 8-27-2019; Ord. 20-1, passed 12-29-2020; Ord. 23-1, passed 5-2-2023)