I would suggest that someone take the time to pull together all the Shelby Township ordinances and regulations that purport to limit, restrict, allow or deny farming operations within the township. When you do, you will be surprised.
It is illegal to grow tomatoes/corn/lettuce/beans/apples/grapes/etc in your backyard if you have less than 3 acres.
Horses are more welcome than chickens.
Most of these ordinances date back long before the MRTFA and should be revised or removed to be in compliance with state law. Very few communities make any effort to review their laws and abolish outdated and ridiculous ones (like those that say it is illegal for a woman to curse, or to drive on Sunday, or to hang laundry upside down on a clothes line). No one seems to care, until it affects them.
Although I am not in a position where I can be a front runner in the fight, I am all too familiar with our current ordinances and regulations and would be able to assist or support any local group that takes up this task. By doing so, the restriction against chickens will be limited to HOA restrictions and GAAMPs.
I am all for striking a balance in the keeping of chickens, but compromise must not go so far as to giving up legal rights.
Shelby Township Code of Ordinances:
http://library.municode.com/index.aspx?clientId=13311
References: Section 74-3 (tree ordinances, definitions), 74.52 (tree ordinances related to farm operations), 54.31 and 54.51 (legal to sell farm products on site where produced), 74.91 and 74.92 (weeds), 46.221 (litter)
Shelby Township Zoning:
http://library.municode.com/index.aspx?clientId=13418
Reference to farms: Section 17.01 (definitions), 9.00, 9.10 (allowable uses and restrictions-in violation of RTFA), 7.02 (acknowledges that permits not needed for ag buildings), 5.05 (ag signs exempt from permit)
There are also sign ordinances that apply to farms, a small sign is allowed on private property.
Here is the text of 9.10, note the footnote. Our case established that this size restriction is not legal. This is the code that should be addressed by anyone seeking to remove the conflicting ordinances and clear the way for responsible farming or production of farm products:
Section 9.10. - One-family residential districts.
The one-family districts are established to provide principally for one-family dwellings at varying densities. The specific interest of these districts is to encourage the construction and continued use of one-family dwellings and to prohibit the use of the land which would substantially interfere with the development of one-family dwellings and to discourage any land use which, because of its character and size, would create requirements and costs for public services substantially in excess of those at the specified densities and to discourage any land use which would generate excessive traffic on local streets.
A.
Uses permitted. (x designates district in which permitted)
Districts
R-1 R-1-A R-1-B R-1-C
1.
Farms*
x x x x
2.
One-family dwellings
x x x x
3.
Existing cemeteries
x x x x
4.
Township buildings and uses
x x x x
x x x x
6.
State licensed residential facilities
x x x x
7.
Family child care homes
x x x x
x x x x
* For the purpose of this section, the term "farm" shall mean the raising of vegetables or the keeping of small farm animals, including poultry, for any purpose, and shall have a minimum lot size of three acres. The keeping of horses shall be governed by section 3.19
As this ordinance was found to be unenforceable when GAAMPs and RTFA are invoked, any modification to this ordinance removing lot size restrictions would benefit NON-COMMERCIAL farmers as well. In return, it is reasonable to expect that ordinances would be enacted and enforced relating to setbacks, operations, sales and other factors when GAAMPs and RTFA do not apply. This is where you can make a difference.
Now here is the issue:
The ordinance prohibiting the raising of poultry is a zoning ordinance, which also bans the keeping of dogs/cats/etc for breeding purposes:
Section 3.02. - Animals.
No animals, livestock, or
poultry of any kind shall be raised, bred or kept on any lot, except that non-vicious dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Horses may be allowed as per requirements of
section 3.19. All animals shall be kept and maintained so as not to create a nuisance. The maintenance of animals is further regulated by chapter 6, article I of the Shelby Township Code of Ordinances.
(Ord. No. 212.5, § 2, 7-20-1999; Amend. of 10-21-2008)
Section 3.02 denies what is granted in Section 9.10 (with limitations). These are conflicting ordinances and must be changed. Unfortunately, at present, ONLY commercial farm operation under GAAMPs allows the keeping of poultry or other farm animals. The GAAMPs are not a bad thing, they are a framework and guideline for the basics of responsible farming. If you choose to go the commercial route, be absolutely certain to review GAAMPs on a regular basis for amendments, and adjust your operations accordingly.
