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Intermediate Lake Horse Owner Has Right to Farm, Attorney Says
BELLAIRE-An Intermediate Lake property owner keeping four horses on R-1 residentially zoned land is in compliance with Michigan’s Right To Farm Act, Kearney Township Attorney Bryan Graham said during a special board meeting held Friday night.
His investigation showed that business records held by property owners Robert Caniff and Sherry Allison indicate that the farm, in his professional opinion, is a commercial operation under requirements of the 1981 Act, Graham said. Therefore, a ruling made in January by Circuit Court Judge Thomas Powers reversing a zoning variance granted to the Caniff’s last October is null and void, and Caniff may continue to maintain what he has described as a breeding and sales operation on his 12 acres of lakeshore property.
Neighbors of the Caniff’s had appealed to the court after the township’s Zoning Board of Appeals granted the variance.
Graham added that it might behoove the township to re-visit the situation in three to four years to ensure that the Caniff’s have continued to maintain a commercial operation. Township Planning Commission Chair Rolland “Moose” Kotz then made a motion to refund all fees paid by the couple during the investigation, approximately $400, saying that an “injustice” had been done. The motion was approved by the Board of Trustees unanimously. Very lightly attended, only a few people attended the special meeting. It is unknown whether or not those opposed to the farm will seek legal recourse.
Article can be found here:
http://www.westshorepub.com/antrimreview/default.php?action=getArticle&article_id=4994
Questions and Answers About Farm Markets, Roadside Stands, Off-Premise Signs - April 2007
The following questions were posed to and answered by Vanessa Gembarski, WWT Zoning Administrator, regarding the proposed zoning ordinance.
Q: How does the 20-acre minimum for farm markets promote agriculture in Whitewater Township?
A: The 20 acre minimum was to give another option to large acreage farmers who make their sole income off the land (refer to section 7.17-1 Intent). Residents with less than 20 acres may still have road side stands.
Q: Your answer would lead us to believe that existing zoning prohibits large-scale farms from having a farm market, which it does not. Current zoning allows farms of any acreage to have farm markets. How does the 20-acre minimum, in your words, "give another option to large acreage farmers who make their sole income off the land"?
A: It gives them another avenue in which to sell goods to local residents.
Q: In reality, aren't you eliminating small-scale farms (less than 20 acres)?
A: No, we still allow roadside stands.
Q: How is the 20-acre minimum for farm markets consistent with Section 7.17-1 of the proposed zoning ordinance where it states, "Whitewater Township recognizes the role farms and agriculture have played in shaping the rural character of the area and would like to maintain and enhance the viability of agriculture in the community"?
A: The fact that we allow farm markets supports that statement. Anything less than 20 acres can still have a roadside stand.
Q: How does an increase in the minimum setback for farm markets from 15 feet to 100 feet promote agriculture in Whitewater Township?
A: Farm market facilities must meet the required setbacks for the district in which they are located. The only 100’ foot setback would be in the highway commercial and industrial office district. There is no 100’ setback in the agriculture district.
Q: Currently, farm market setbacks are 15 feet. How is moving those facilities further from the road with minimum setbacks of 30 feet (or more, depending on agricultural zone, HC zone, road overlay) consistent with Section 7.17-1 of the proposed zoning ordinance where it states, "Whitewater Township recognizes the role farms and agriculture have played in shaping the rural character of the area and would like to maintain and enhance the viability of agriculture in the community"?
A: Having an increase in setbacks does not prohibit them. We are still promoting agriculture by allowing farm markets and road side stands within the township. The on premise signs can be closer to the road. Current permitted farm markets would not have to meet the new requirement.
Q: How does the elimination of temporary off-premise signs for farm markets and/or roadside stands promote agriculture in Whitewater Township?
A: Grand Traverse County allows trailblazer (directional) signs off the highway. They would be used in conjunction with TOD signs. These signs would be off premise signs on county roads and issued by the county.
Q: Your answer regarding off-premise signs refers to "trailblazer" and "TOD" signs. Following are 2 key differences in these types of signs, with 3 follow-up questions on this subject.
Difference #1: TOD signs and trailblazer signs differ from other off-premise signs in that they are left up year-round as opposed to off-premise signs which are seasonal/ temporary. (Additionally, there is a TOD sign in Whitewater Township, at Vinton and M-72, which is creating a traffic hazard by blocking the state-designated clear vision area to the west.)
Difference #2: TOD signs cost $365 per year, payable to the State of Michigan. Trailblazer signs cost $120 a year, payable to the township. Other off-premise signs are constructed at the owner's expense and do not have a yearly fee.
What does Whitewater Township do with the money it receives from the rental of trailblazer signs?
A: The trailblazer fee is not payable to the township. You may want to check with MDOT or the GT road commission to find out exactly where that fee goes.
Q: Using the example of farmers, if the proposed zoning ordinance will make all off-premise signs either illegal, nonconforming, or noncompliant, and the farmer is forced to pay the above fees for TOD or trailblazer signs, won't the net effect be to financially harm farmers who engage in direct marketing?
A: Currently all off-premise signs are illegal (except for permitted farm market signs). It is not the intent to financially burden farmers, but to make the off-premise sign regulation uniform for everyone in the township
Q: How does the elimination of temporary off-premise signs for farm markets and/or roadside stands support the master plan of Whitewater Township?
A: Grand Traverse County allows trailblazer (directional) signs off the highway. They would be used in conjunction with TOD signs. These signs would be off premise signs on county roads and issued by the county.
Q: The cost of using TOD signs and trailblazer signs will be detrimental financially to the farmer. How does the elimination of seasonal/temporary off-premise signs for farm markets and/or roadside stands support the master plan of Whitewater Township, specifically where it states as a community goal, "to maintain and enhance the commercial viability of agriculture and protect the most valuable agriculture resources, especially prime and unique agricultural land"?
A: We support our master plan by allowing Ag businesses such as farm markets and roadside stands.
Q: How is a limit on the square footage of display area for a roadside stand supportive of agriculture in Whitewater Township?
A: This is to insure that it is an accessory use. Section 7.17-2 C. “the farm market shall be deemed to be an agricultural accessory use…”
Q: The last question refers only to "roadside stands." Your answer quotes from Section 7.17 of the proposed zoning ordinance, "Farm Markets." The question is: (A) How is a limit on the square footage of display area for a roadside stand supportive of agriculture in Whitewater Township? (B) Why should small-acreage farms (less than 20 acres) who produce high-yield products be limited to 25 square feet of display area?
A: We are supporting agriculture by allowing road side stands. Section 7.18-1 says “…an opportunity to sell excess goods grown on premise”. A farm under 20 acres will have less excess produce than a farm with over 20 acres. A roadside stand is still an accessory use.
Q: How many road frontage parcels in the township would qualify under the proposed zoning ordinance to have a farm market? Where are they located?
A: I do not know all of the 20 acre or more parcels of active crop farmland within the twp.
Q: How many road frontage parcels in Whitewater Township are 20 acres or more in size?
A: I do not know that information right now. You are welcome to look at a tax map and find that information.
Q: Approximately how many off-premise agricultural signs were in use in 2006 in Whitewater Township?
A: I recall seeing approximately 5.
Q: Regarding the "approximately 5" off-premise agricultural signs in use in 2006 in Whitewater Township, what business entity(ies) were being advertised on each of those 5 signs, and where exactly were each of those 5 signs located?
A: I recall seeing signs for Rennie Orchards. I don’t remember where.
Q: How will the 20-acre minimum for a farm market affect community-supported agriculture operations? Will it prohibit these types of operations on parcels of less than 20 acres?
A: New farm markets will not be allowed on parcels of less than 20 acres, but roadside stands will. As far as I know that’s our only restriction.
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