Community Updates

ADOPTION- KEEPING OF ANIMALS ORDINANCE

THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FRUITPORT TOWNSHIP BOARD OF TRUSTEES AT A REGULAR MEETING ON OCTOBER 23, 2017:


FRUITPORT CHARTER TOWNSHIP

ORDINANCE NO. 804

ZONING TEXT AMENDMENT ORDINANCE

THIS IS AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, CONCERNING THE KEEPING OF ANIMALS.

            THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

            Section 1.  Keeping of Animals.  Section 42-553 of Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning the keeping of animals, is restated in its entirety as follows.

            Sec. 42-553.  Animals.

            (a)        Household pets:  The keeping of household pets, including cats, dogs, household fish, and household birds, is expressly permitted as an accessory use in any zoning district. The keeping of any other animals in any zoning district shall comply with the standards set forth in in subsection (b), subsection (c), subsection (d), or section 42-186.

 

            (b)        Beekeeping (apiaries):  Bees may not be kept in the R-1, R-2, R-3, R-5, and R-6 districts.  Beekeeping is only permitted in the R-4 district, in accordance with all applicable requirements of the Right to Farm Act, as amended or restated or superseded, and any other applicable law.

 

            (c)        Keeping of chickens (hens).

 

                        (1)        Mitigation:  The keeping of hens shall be done in a manner to mitigate any potential adverse impacts on surrounding properties.

 

                        (2)        Maximum:  A maximum of four hens may be kept per lot if the lot is at least 15,000 square feet.  One hen per one-tenth acre may be added with a maximum of 10 hens.

 

                        (3)        Roosters: Roosters are prohibited.

 

                        (4)        Enclosure:  Hens shall be provided with a covered enclosure and must be kept in the covered enclosure or an adjoining fenced enclosure in the side yard or rear yard at all times.

 

                        (5)        Enclosure location:  All covered enclosures or fenced enclosures shall be located in the rear yard, shall be no closer than five feet to any lot line, and shall be located a minimum of 25 feet from any dwelling on an adjacent lot.

 

                        (6)        Enclosure site:  The total square footage of any covered enclosure shall not exceed 80 square feet and shall be a maximum of eight feet in height.  This square footage shall not count against the total allowable accessory building square footage or number of allowable accessory buildings per this chapter.

 

                        (7)        Protection:  All feed and other items associated with the keeping of hens that attract rats, mice, or other rodents or vermin shall be secured and protected in sealed containers.

 

                        (8)        State compliance:  Hens shall be kept in compliance with all applicable generally accepted agricultural and management practices, as established by the state from time to time.

 

            (d)       Keeping of farm animals.

                        (1)       The keeping of farm animals may be considered by the township as a special use with the following standards to be considered. These provisions do not apply to farms in the R-4 district, provided all other applicable state and county requirements are met.

 

Animal

Zoning District

Permitted as Right

Zoning District Permitted as Special Use

 

Minimum Lot Area for First Animal

Lot Area for Additional Animal

Poultry (other than chickens) or rabbits

R-6

R-1

R-2

R-3

R-5

1 acre

.50 acre

Horses, ponies, other equine, mules, burros, llamas, and alpaca

 

R-1

R-2

R-3

R-5

R-6

3 acres

3 acres

Sheep or goats

 

R-1

R-2

R-3

R-5

R-6

2 acres

1 acre

 

                        (2)        All grazing areas shall be fenced. An accessory building shall be provided to house permitted animals. Any barn, and any outdoor feed (non-grazing) area or training or exercising corrals, shall be setback at least 50 feet from any dwelling.  All stables shall be enclosed by a suitable fence and shall be maintained so that odor, dust, noise, or water drainage shall not constitute a nuisance or hazard to adjoining properties.

 

                        (3)        The keeping of exotic animals, not normally considered farm animals or livestock or domesticated household pets, is prohibited.

 

            (e)        Slaughtering or processing:  The slaughtering or processing of any animals outside a completely enclosed building is prohibited.

 

            (f)        Keeping outside:  Animals allowed under this section but excluding household pets of the owner or occupant of a lot may be kept or allowed outside if a fence is constructed and maintained to keep the animals from leaving the lot; however, no horses or livestock will be allowed in any platted subdivision.

 

            Section 2.  Effective Date.  This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, on October 23, 2017, after a public hearing as required pursuant to Michigan Act 110 of 2006, as amended, and after introduction and a first reading on October 9, 2017, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on November 3, 2017, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended.