ordinance and regulations

[Brents1983]

Back in September my wife and I decided we would like to raise chickens for eggs, meat chickens and other life stock. We have 5.5 Acres and being that we never farmed before and have farms very close to us, we assumed we could farm as well. I did lots of research and I currently have built a big chicken coop with a run and have 10 laying hens that were born last September. I live on a lake which I can not access, due to swamp area in between us and the lake. I called the township I live and found out that I am not zoned for agriculture and they are telling me their is no way I can farm. I found out that from 1981 to 2014 their was a law on the books in Michigan that allowed people like me to farm for there own family's food. In 2014 they appealed the part that gave people like me the right to farm. Being that I am not zoned for farming I was wondering if anyone out their new of a law or regulation, or loop hole that would allow me to farm. I really wanted to produce healthy alternative food for my family and have no neighbor right on top of me that it would bother. I have talked to the township clerk and he reassures me their is nothing I can do. I sent him an email and this is his response.

The Clement Township Planning Commission just completed the Township 5 year plan in 2017.
Your property is Lake Front and Residential, which makes it the farthest thing from a property that would get Special Use Permit for Farm Animals.
In order to change the Zoning of your property to Agricultural at the very least the whole one side of Indian Lake would have to be rezoned Agricultural.
You Could apply for these concessions but with Lake Front Property I cannot conceive that there is any chance of either Boards approval.

Eric A. House
Clement Township Zoning Administrator



Please if anyone knows anything that could help me I would very much appreciate the help.

 

[ChickenCanoe]

It all depends on the ordinances. One problem could be that you characterized it as 'farming' rather than defining what you are doing is having 'pet chickens'.
Have you read the ordinances?
Ordinances can be changed if you have enough support from the township and get some aldermen on your side.

 

[PirateGirl]

Somewhere in the legislation should be a "definitions" section. It should clearly outline what constitutes farming activity. Often there is a differentiation between commercial operations and operations for personal use. I am not zoned agricultural and cannot have a "farm" on my land but I can have a "garden" and grow my own vegetables. I cannot have large livestock, but there is a provision for small animals including dogs, cats, chickens/fowl, and rabbits, again, none of these can be raised for commercial purposes and numbers are restricted. Often the ordinances/zoning is posted online. Perhaps if you share a link to it others can read it and see if they can help based on experience with their own legislation.

 

[ChickenCanoe]

X2
After many years gardening and raising chickens, the mayor was alerted by a newspaper article about me that I had chickens.
I received a letter that implied I had a chicken farm and given a month to rid the property of them.
Little did they know that 4 other houses on my street had chickens and the mayor's next door neighbor had chickens but he never knew.
We decided to fight city hall and after nearly a year, I have a permit for 85 chickens and 5 roosters.

 

[PirateGirl]

http://clementtwp.org/zoning-ordinance#ARTICLE_III_301_PERMITTED_USES_BY_DISTRICT

Is this the correct location? I'm assuming you are zoned R-1 based on what you said, which specifically allows for livestock dairy and poultry farms even though it is residential and not agricultural if your lot is at least 5 acres. The one issue that I see in the zoning here is that you are not permitted an accessory structure such as a barn or coop without special permission, so that is a slightly different challenge.

 

[NikAndHerChicks]

What is your property zoned as, I'm on your townships site right now looking at the ordinances.

 

[ChickenCanoe]

Just make sure any time you need to speak with city hall, refer to them as 'pet chickens'.

 

[NikAndHerChicks]

I am asking because according to the map attached to the townships master plan there are 2 different designations of zoning around Indian Lake. There are properties designated as RR- Residential Rural, and R1- Single Family Residential, however the Township's Zoning Ordinances only have provisions for the R1 designation. At least in the ordinances that I am seeing online. So if your property is designated RR or Residential Rural, you might have a loop hole. Either way, I would find out when the next planning commission meeting is for your township & make it a point to attend.

 

[NikAndHerChicks]

Just make sure any time you need to speak with city hall, refer to them as 'pet chickens'.

Unfortunately that won't work in this case. His Township defines all chickens as "farm animals" and they are strictly prohibited unless his property has certain designations.

 

[room onthebroom]

http://clementtwp.org/zoning-ordinance#ARTICLE_III_301_PERMITTED_USES_BY_DISTRICT

Is this the correct location? I'm assuming you are zoned R-1 based on what you said, which specifically allows for livestock dairy and poultry farms even though it is residential and not agricultural if your lot is at least 5 acres. The one issue that I see in the zoning here is that you are not permitted an accessory structure such as a barn or coop without special permission, so that is a slightly different challenge.

As far as barns/coops go, you might be able to have a smaller structure without getting a permit. In my area of CA I think the max without permit is 12x12. The gov websites can sometimes seem a little confusing, but you could find out pretty easily what your max structure size is buy calling your local Tuff Shed builders. Tell them you're considering buying one & ask what the max size allowed without permit is in your area. They will know without even having to look it up.

As far as the animals & vegetables, I agree with Canoe & Pirate. You should rephrase your terminology when dealing with the city. It sounds like you are saying "backyard chickens & gardens", but they are hearing "farming" which to them probably means a whole different thing.

Good luck with this! If your property does not have a HOA, you should be allowed at least some backyard chickens (maybe not roosters) & I've never heard of anyone not being able to have a garden. Please keep us posted with what you find out.