Michigan Thread - all are welcome!

[RaZ]

I think that means residential and light agriculture. As long as you are zoned ag, I don't think they can limit you to a certain # of chickens. But if that's not true, don't get rid of the chickens because if you are grandfathered, it only lasts as long as you still have them, once you get rid of them you wouldn't be able to get them back.

Typically, a designation of R1-A would mean 'single residence - agriculture", R2-A would mean 2-family, such as a duplex. The caveat is that not all municipalities use the same coding. Check the key of the plat maps for your area. Never simply believe what the ZBA says verbally, get it in writing.

Another tip is to never let a city employee on your property if they ask. When they ask, it means that they have no legal standing to enter. Politely ask them to leave or face a trespassing charge. Put up No Trespassing signs.

I like this one:

 

[preciouskitty]

Typically, a designation of R1-A would mean 'single residence - agriculture", R2-A would mean 2-family, such as a duplex. The caveat is that not all municipalities use the same coding. Check the key of the plat maps for your area. Never simply believe what the ZBA says verbally, get it in writing. Another tip is to never let a city employee on your property if they ask. When they ask, it means that they have no legal standing to enter. Politely ask them to leave or face a trespassing charge. Put up No Trespassing signs. I like this one:

That sign is SWEET! I knew to never let assessors, ZBA in/on property...but not some of the others on the sign! Just for kicks, gonna have look up those USC Titles.... Having trouble getting motivated to peel, core, slice more apples...seems like its been my life lately! But do want to try my hand at canning pie filling. Apple butter turned out yummy..that was a first for me, too..

 

[RaZ]

Having trouble getting motivated to peel, core, slice more apples...seems like its been my life lately! But do want to try my hand at canning pie filling. Apple butter turned out yummy..that was a first for me, too..

My aunt used to make it. It was fantastic. Can I get your recipe?

 

[RTFchickens]

What is the difference between residential agricultural(RA) and straight A? (Agricultural?)

 

[HollyDuckFarmer]

Here's a link that should tell you more than you ever wanted to know. The way I read this, Ag zoning vs Residential zoning should only have effects with Taxation... As in, when you were once recently considered Ag, now residential. ** Edited for Clarity: Obviously, there are many differences between a purely residential, platted sub and a big old Family Farm Section of 180Acres that has the GAAMP Certification and annual profits over $20G.

Schindler's Land Use Page:
http://lu.msue.msu.edu/pamphlets.htm

"A very important concept with zoning, is that one can not outlaw something that already exists. If a land use, building, or parcel already exists then it can continue. These "grandfathered" things are called nonconforming uses, building or parcel.
To say something is a "legal nonconformity" is redundant. If something does not comply with the zoning ordinance it is one of two things:
1. A violation (the action to make it out of compliance with zoning took place after the particular zoning regulation was adopted), or
2. A nonconformity (the action to make it out of compliance with zoning took place before the particular zoning regulation was adopted).
There are three types of nonconformities:
A. A nonconforming building (the building is to small, large, tall, invades setbacks, etc.)
B. A nonconforming parcel (the parcel of land is to small, narrow, etc.)
C. A nonconforming use (the use is not an allowed use, or possible special use, in the respective zoning district.
Zoning must provide for the nonconformity to continue within certain terms which are supposed to be spelled out in the zoning ordinance. The long term goal is for nonconformities to go away --but that is a very long term goal. If a nonconformity is really objectionable the local government has the option to buy it to close it down or otherwise terminate it.
The Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended, M.C.L. 125.3101 et seq., effective July 1, 2006) allows a local government to provide for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconformities. This is a local option (it used to be a requirement for township and county zoning, where it used to be townships and counties "shall" provide for the completion...)."
----Kurt H. Schindler

My notes taken verbatim from links on the above referenced site and authored by Schindler:

"zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state’s residents for food, fiber, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to insure that uses of the land shall be situated in appropriate locations and relationships, to avoid the overcrowding of population, to provide adequate light and air, to lessen congestion on the public roads and streets; to reduce hazards to life and property, to facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements, and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties. The zoning ordinance shall be made with reasonable consideration to the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.” MCL §125.3203(1).



Zoning is supposed to be about the use of land, the impact on land and adjacent land uses.
Zoning is not:
g to promote/oppose economic, racial, or
religious views.
g enforcement of private deed restrictions.
g a solution for neighborhood feuds or personal
quarrels.
g a promoter of development (it merely permits
it).
g a tool for the political arena (to reward/punish
others).
g a public popularity contest – zoning decisions
are to be based on facts, not majority of votes.
Zoning cannot regulate
As a general rule zoning cannot totally prohibit anything."
*** SOURCES: Located Here: http://lu.msue.msu.edu/pamphlets.htm
ETA: note that the "g"s displayed above are not part of the original document, that must happened while I was compiling my notes, so it must be an Apple thing.

 

[uchytil]

I only had the new cage 3/4 of the way done. bottom was done except tray and bunny panels so decided to let her try is out the other night so I could make any adjustments and finish this weekend. I guess she gave it the seal of approval.

I raise Flemish. Yours are white? Cool.

 

[RaZ]

Here's a link that should tell you more than you ever wanted to know. The way I read this, Ag zoning vs Residential zoning should only have effects with Taxation... As in, when you were once recently considered Ag, now residential. ** Edited for Clarity: Obviously, there are many differences between a purely residential, platted sub and a big old Family Farm Section of 180Acres that has the GAAMP Certification and annual profits over $20G.

Two things: 1) Number of acres is not a criteria of the MRTFA; 2) "profits" is/are no criteria whatsoever. The USDA recognizes that a farm operation need only have the potential to generate $1000 in revenue. Profit is not the deciding factor in spite of what Milford, Michigan court ruled and most recently in Garden City v. Detoy.

In the Detoy case, the judge ruled that there was not "enough profit" generated to qualify as a viable business enterprise. For a local judge to decide that profits are the determining factor of a commercial operation is disingenuous. It implies that any year that a business fails to make an adequate profit is not considered to be a legitimate business.

 

[HollyDuckFarmer]

Two things: 1) Number of acres is not a criteria of the MRTFA; 2) "profits" is/are no criteria whatsoever. The USDA recognizes that a farm operation need only have the potential to generate $1000 in revenue. Profit is not the deciding factor in spite of what Milford, Michigan court ruled and most recently in Garden City v. Detoy. 

In the Detoy case, the judge ruled that there was not "enough profit" generated to qualify as a viable business enterprise. For a local judge to decide that profits are the determining factor of a commercial operation is disingenuous. It implies that any year that a business fails to make an adequate profit is not considered to be a legitimate business.

Yes, I know and Agree with you RaZ. Simply making the point that it is a factor and a difference between "big time farms" and the smaller ones. Personally I myself have a few issues with things... Just because sometimes I might not sell all the eggs my ducks produce does not mean that are not of value, should I barter or give them to my neighbor, or feed them to my dogs, or eat them myself. RaZ, I appreciate you clarifying that, after I hit reply, I was thinking it didn't make logical sense. But what you write does!

 

[Living the Simple Life]

Good evening all! Haven't posted in a while...been busy with end of season garden, trip to the Mother Earth News fair in Pennsylvania, getting ready for winter, etc.

Exciting news tonight!! The kids just checked on our broody guinea and TWO eggs have hatched so far! Tiny white keets. Amazing! I think that our rooster Pat is going to have his name changed to Rico Suave'....we have never seen him "romanticizing" with either hen but apparently he is doing something right!! Five more eggs to go! Keeping our fingers crossed that Chris is going to be a good mama.

 

[HollyDuckFarmer]

...

Exciting news tonight!!  The kids just checked on our broody guinea and  TWO eggs have hatched so far!  Tiny white keets.  Amazing!  ...

Pics Please??? Congrats!