How Many Chickens Can I Have on My Property?
Full Question:
Answer:
Local zoning and districting laws would govern where and how livestock and/or poultry can be kept. You will need to determine what district the property involved is located in and how that district is zoned. The answer will depend in part on whether a business is associated with the activity and whether the chickens are classified as an exotic or dangerous animal. I suggest contacting the local zoning board with the information at the following link:
http://www.harrison-township.org/id33.htm
Zoning Ordinances: Law & Legal Definition'
Zoning ordinances are local or municipal laws that establishing building codes and land usage regulations for properties in a specified area. Most cities and towns are composed of regions that are zoned for residential, commercial, or industrial development, and often these zones are subdivided by additional use restrictions (type of business permitted, etc.). Zoning laws and ordinances may affect such varied issues as parking for customers, setbacks, access for deliveries, the number and types of employees permitted, and the use of signs or other forms of advertising. These ordinances have to be considered by entrepreneurs/business owners wishing to set up, expand, or relocate business establishments. They should check with their city's zoning office and licensing board for restrictions that may apply within the city. Even particular neighborhoods may have land use regulations that should be researched prior to finalizing any business plan.
Zoning and Commercial Businesses.
Review of zoning ordinances for areas designated for commercial and/or industrial use is a standard procedure for entrepreneurs seeking to establish a business in such places. In most cases, establishing a business in a building that was previously used for commercial purposes will not run afoul of zoning ordinances for the area. Experts warn, however, that businesses seeking to construct a new facility, acquire an existing building for a new use, or launch extensive remodeling efforts should closely examine local zoning and building codes. In instances where local zoning laws present a problem, the business owner has the option of filing for a zone variance, a conditional-use permit, or a zone change. All three of these options have their drawbacks.
A zone change amounts to a permanent change in the zoning classification of the property. There are cases in which this is desirable, but the procedure to successfully trigger such a change is generally a cumbersome one that goes through City Hall. After all, bids for reclassification are based on claims that current zoning is in error or no longer reflects the character of the neighborhood. Many municipalities are reluctant to accept such arguments. Variances and conditional-use permits, meanwhile, are in essence requests for special permission to use the property for a purpose other than for which it was zoned. Such permits are often expensive to obtain, and can take two to four months to go through if they are even approved. But they are usually easier to obtain that outright zoning changes.
Zoning and Home Businesses.
Checking into local zoning ordinances is a step often overlooked by owners of home-based businesses as well. Such neglect can prove troublesome down the line, for as Janet Attard noted in The Home Office and Small Business Answer Book, "zoning laws are established locally, often at the township, city, or village level. Furthermore, each town or village decides for itself what types of home businesses it will allow. Thus in one community you might be able to run a home business that has up to two employees while in another community the same business might be restricted from having any employees. In still another community you might be able to have a home-based business if you are a fisherman or carpenter but not if you are a real estate agent or insurance broker."
Most zoning ordinances restricting home offices in residential neighborhoods were originally designed to protect residential neighborhoods from becoming cluttered with commercial activity and thus maintain the family-friendly flavor and atmosphere of the area. In the past, these laws often were strictly interpreted to keep residents from conducting any sort of business from their home, even if it did not have a visible impact on the rest of the neighborhood. Today, the explosion in home-based business start-ups has sparked a reevaluation of zoning laws in residential areas, but many of the old zoning laws remain on the books.
HARRISON TOWNSHIP MICHIGAN ORDINANCES CAN BE FOUND AT:
http://www.municode.com/resources/gateway.asp?sid=22&pid=13146
Please see the ordinances below:
Sec. 14-71. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous animal means and includes any poisonous reptile, or carnivorous mammal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl or any other animal which demonstrates vicious, wild or dangerous propensities.
Exotic animal means any mammal, reptile, fish or fowl which has been introduced from another country, is unique or unusual, or is not native to the local geography found within the township.
Vicious animal means any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person harboring or owning the animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.
(Comp. Ords. 1988, § 35.252)
Cross references: Definitions generally, § 1-2.
Sec. 14-72. Exceptions.
The provisions of this article shall not apply to licensed pet shops, menageries, zoological gardens, bona fide educational or medical institutions, museums and circuses if:
(1) Their location conforms to the provisions of appendix A to this Code.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) All animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.
(Comp. Ords. 1988, § 35.253)
Sec. 14-73. Enforcement.
This article shall be enforced by the township ordinance enforcement officer, and it shall be the duty of that officer to seize and impound or cause to be seized and impounded by the appropriate county agency any dangerous or exotic animal found anywhere in the township contrary to any provision of this article. No animal so impounded shall be released to its owners or other authorized person without the payment of such sums incurred by the township, which may be prescribed by the township ordinance enforcement officer for the care and maintenance of any animal thus seized and impounded and without procuring the licenses provided for in this article.
(Comp. Ords. 1988, § 35.254)
Sec. 14-74. Penalties.
The township ordinance enforcement officer shall have the authority to request, upon sworn complaint to a district court judge, that a summons be issued to show cause why a dangerous or exotic animal should not be destroyed, with the cost of such extermination to be borne by the animal owner.
(Comp. Ords. 1988, § 35.255)
Sec. 14-75. Keeping of dangerous or exotic animals prohibited; misdemeanor.
(a) It shall be unlawful for any person to own, keep, maintain or have in possession or under his control any poisonous reptile or any other dangerous, wild, carnivorous or exotic mammal, reptile or fowl, any vicious or dangerous domesticated animal, or any other animal or reptile of vicious or dangerous propensities.
(b) Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to own, keep, maintain or to have in his possession or under his control within the township any of the following animals:
(1) All poisonous animals, including rear-fang snakes.
(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas, orangutans (Pongo), and siamangs (Symphalangus).
(3) Baboons (Papoi, Mandrillus).
(4) Bears (Ursidae).
(5) Bison.
(6) Cheetahs (Acinonyx jubatus).
(7) Crocodilians (Crocodilian), alligators.
(8) Constrictor snakes.
(9) Coyote (Canis latrans).
(10) Deer (Cervidae, includes all members of the deer family; for example, white tail deer, elk, antelope and moose).
(11) Elephants (Elephas and Loxodonta).
(12) Gamecocks and other fighting birds.
(13) Hippopotami (Hippopotamidae).
(14) Hyena (Hyaenidae).
(15) Jaguars (Panthera onca).
(16) Leopards (Panthera padrus).
(17) Lions (Panthera leo).
(18) Lynxs.
(19) Monkeys, old world (Cercopithecidae).
(20) Ostriches (Struthio).
(21) Piranha (Characidae).
(22) Pumas (Felis concolor), also known as cougars, mountain lions and panthers.
(23) Rhinoceroses (Rhinocero tidae).
(24) Sharks (class Chondrichthyes).
(25) Snow leopards (Panthera uncia).
(26) Swine (Suidae).
(27) Tigers (Panthera tigris).
(28) Wolves (Canis lupus).
