The purpose of this section is to regulate the number (density) of animals kept or raised for hobby, pleasure, commercial or other purpose as specified in this section for those districts allowing the keeping or raising of animals. This section seeks to reinforce GAAMPS (Generally Accepted Agricultural and Management Practices) as adopted by the state commission of agriculture whose intent is to allow for environmental protection, social considerations and economic viability of the state farming industry. The township recognizes the desire of its residents to allow animals to be raised or kept for hobby or pleasure but only in those areas and in certain density to prevent a public nuisance.

(a)

Exotic animals. Exotic animals are not allowed upon any premises in any zoning district, except in conjunction with the following situations:

(1)

A public zoo or other educational exhibition sponsored by a governmental entity.

(2)

A bona fide licensed circus.

(b)

Wild animals. Wild animals are not allowed to be confined on any premises in any zoning district except in conjunction with the following situations:

(1)

A public zoo or other educational exhibition sponsored by a governmental entity.

(2)

A bona fide licensed circus.

(3)

Pursuant to a possession permit issued by the state department of natural resources authorizing temporary noncommercial shelter and/or treatment for an injured or abandoned wild animal until the animal can feasibly be released from captivity.

(4)

A veterinary and animal hospital in the AA—Agricultural District and the RR—Rural Residential District as a conditional use.

(c)

Domestic animals. Domestic animals are allowed as follows:

(1)

AA—Agricultural and the RR—Rural Residential Districts.

a.

Dogs or cats for personal, domestic ownership (not for commercial sale) plus a reasonable number of rabbits not creating a nuisance or other detrimental conditions are allowed as an accessory use to a permissible dwelling on the premises.

b.

Caged, domestic birds; caged, non-venomous snakes and lizards; caged insects; and other caged small domestic animals (such as hamsters, mice, guinea pigs and pot-bellied pigs); and fish, are allowed as an accessory use to a permissible dwelling on the premises.

c.

A veterinary clinic or animal hospital.

d.

Domestic animals are also allowed in the same situations designated for wild animals in subsections (a)(1) and (2) of this section.

(2)

LDR—Low Density Residential and MDR—Medium Density Residential Districts.

a.

Dogs or cats for personal, domestic ownership (not for commercial sale) plus a reasonable number of rabbits not a creating nuisance or other detrimental conditions, are allowed as an accessory use to a permissible dwelling on the premises.

b.

Caged domestic birds; caged, non-venomous snakes and lizards; caged insects; and other caged, small domestic animals (such as hamsters, mice, guinea pigs and pot-bellied pigs); and fish, are allowed as an accessory use to a permissible dwelling on the premises.

(3)

HDR—High Density Residential District.

a.

Dogs or cats for personal, domestic ownership (not for commercial sale) are allowed as an accessory use to a permissible dwelling on the premises.

b.

Caged domestic birds; caged, non-venomous snakes and lizards; caged insects; and other caged, small domestic animals (such as hamsters, mice, guinea pigs and pot-bellied pigs); and fish, are allowed as an accessory use to a permissible dwelling on the premises.

(4)

OSC—Open Space Waterbody Conservation District. Dogs or cats for personal, domestic ownership (not for commercial sale) are allowed as an accessory use to a permissible dwelling on the premises.

(5)

NC—Neighborhood Commercial, H—Commercial and IND—Industrial Districts.

a.

Not more than three confined guard dogs are allowed on any nonresidentially used premises.

b.

Domestic animals are allowed in conjunction with any use allowed within these districts as to which domestic animals are typically associated.

(d)

Farm animals. In any district where farm animals are allowed, the following regulations apply. The keeping of farm animals is a permitted use as part of agriculture or accessory to a permissible dwelling subject to the following requirements:

(1)

The recommendations in the most recent "Generally Accepted Agricultural and Management Practices for Manure Management and Utilization" adopted by the state agriculture commission, and in accordance with generally accepted agricultural and management practices (GAAMPS) for site selection and odor control for new and expanding livestock production facilities and in accordance with such additional rules, regulations and guidelines as may from time to time be established by the state agriculture commission or other appropriate state agency in accordance with Michigan Right to Farm Act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

(2)

Animal manure shall be stored and treated in accordance with recognized applicable standards and specifications including the construction and design standards and specifications set forth in the Midwest Plan Service Livestock Waste Facilities Handbook (MWPS-18) and applicable field office technical guides of the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS).

(3)

Animal manure may only be transported upon public roads in equipment that is maintained in good condition and constructed and operated to ensure that waste material is not spilled during transportation.

(4)

Animal manure may be applied to pasture land, set-aside land and cropland only for the purpose of soil nourishment at an agronomic rate as allowed by GAAMPS.

(5)

Barns or shelters for livestock shall be located at least 150 feet from all existing residences on adjacent properties.

(6)

Pens for holding livestock and paddocks and riding rings shall be located at least 100 feet from all existing residences on adjacent properties.

(7)

Pastures used for livestock shall be located at least 25 feet from all existing residences on adjacent properties.

(8)

Animal waste storage areas shall be located at least 150 feet from all existing residences on adjacent properties, and at least 75 feet from all adjoining property lines. Waste shall be properly disposed of at appropriate intervals sufficient to avoid the creation of obnoxious odors or insect problems perceptible beyond the boundaries of the subject property.

(9)

Unreasonable odors, dust, noise and drainage shall be controlled so as to not become a nuisance, hazard or annoyance to adjoining residents or the general public.

(10)

An intensive livestock operation shall also comply with the following additional requirements:

a.

Before the operation is conducted the owner/operator shall submit a site plan to the zoning administrator with sufficient detail and measurements for the zoning administrator to determine compliance with this article. The site plan shall include the number and type of animals proposed for the operation. The zoning administrator shall then review the site plan and notify the owner/operator within ten days of submission of the application and site plan of:

1.

Any deficiencies that will require resubmission with corrections.

2.

A written notice stating the date, time, and place that the site plan will be reviewed by the planning commission.

b.

Determination for approval or disapproval of the site plan shall be made by the township planning commission within 60 days of submission of the site plan to the zoning administrator. Special conditions may be imposed by the township planning commission, including but not limited to, a requirement for vegetative buffering according to the specifications of the planning commission intended to reduce odor to surrounding properties, as well as requirements regarding the parking of vehicles and farm equipment.

c.

Minimum lot area for intensive livestock operations shall be 60 acres.

d.

Before an intensive livestock operation is conducted, the owner/operator shall also have in place and provide to the zoning administrator a state certified comprehensive nutrient management plan.

e.

Before the operation is conducted the owner/operator shall submit sufficient information to the zoning administrator stating that the property upon which the operation is proposed to be sited has sufficient acres of crop land available, utilizing manure nutrients without excess nutrient application to soil or that the owner/operator has a lawful right to use such additional acreage, contiguous or non-contiguous, as may be necessary to ensure that sufficient total land area is available for the application of all animal waste generated by the operation in accordance with the requirements of the GAAMPS. Such ownership and/or use rights shall be documented by deed, long-term lease (seven-year minimum), or written contract filed with the zoning administrator.

f.

All buildings, structures, enclosed areas, feedlots (excluding land used only for pasture purposes), and equipment associated with the conducting of the intensive livestock operation, including animal shelter and waste storage facilities, shall have property line setbacks consistent with those established in the GAAMPS for site selection and odor control for new and expanding livestock facilities.

g.

All buildings and structures associated with the operation, including animal waste storage facilities, shall be designated and constructed in accordance with recognized and applicable standards and specifications, including the standards and specifications set forth in the following documents: "Midwest Plan Service Concrete Manure Storage Handbook" (MWPS-36), natural resources conservation service field office technical guides and other applicable publications setting forth recognized standards and specifications for livestock facilities, including, with respect to solid animal waste storage facilities, the "Midwest Plan Service Livestock Waste Facilities Handbook" (MWPS-18), and all relevant publications referenced therein.

h.

The operation shall at all times comply with the recommendations set forth in the most recent "Generally Accepted Agricultural and Management Practices for Manure Management and Utilization", as well as with the most recent generally accepted agricultural and management practices for site selection and odor control for new and expanding livestock facilities adopted by the state agriculture commission and in accordance with such additional rules, regulations and guidelines as may from time to time be established by the state agriculture commission or other appropriate state agency in accordance with the Right to Farm Act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

(11)

AA—Agricultural District. In this zoning district, farm animals are allowed as an accessory use to a dwelling on the premises, subject to all applicable provisions of this article including the following density:

a.

The premises shall have a lot area of at least two acres and a lot width of at least 200 feet.

b.

The permissible number of farm animals is as follows:

(12)

RR—Rural-Residential District. In this zoning district farm animals are allowed as an accessory use to a dwelling on the premises, subject to all applicable provisions of this article, including the following density, setback and other requirements:

a.

The premises shall have a lot area of at least two acres and a lot width of at least 200 feet.

b.

The permissible number of farm animals is as follows:

(13)

LDR—Low Density Residential District. In this zoning district, farm animals are allowed as an accessory use to a dwelling on the premises, subject to all applicable provisions of this article, including the following density, setback, and other requirements:

a.

The premises shall have a lot area of at least two acres and a lot width of at least 200 feet.

b.

The permissible number of large farm animals is as follows:

(14)

MDR—Medium Density Residential and HDR—High Density Residential Districts. In these zoning districts, farm animals are not allowed.

(15)

NC—Neighborhood Commercial, HC—Highway Commercial and Industrial—IND Districts. In these zoning districts, farm animals are not allowed, except in conjunction with permissible agricultural pursuits.

(16)

OSC—Open Space Waterbody Conservation District. Farm animals are allowed in this district subject to the restrictions of section 38-359.

(Ord. No. 2017-10-01, § 1, 10-17-2017)

(a)

In addition to livestock otherwise allowed in the AA-Agricultural, RR-Rural Residential, LDR-Low Density Residential, and MDR-Medium Density Residential Zoning Districts, urban livestock outlined herein is permitted on single and two-family residential parcels when accessory to a permitted residential use, providing they are housed at the premises that is residentially occupied by the owner of the livestock. The care and keeping of urban livestock is subject to restrictions outlined herein, and is also subject to the accessory buildings, fencing, and nuisance provisions of the Leroy Township Code.

(b)

Animal units/property size.

(1)

The number of urban livestock permitted to be housed at each property will be determined by calculating the allowable animal units (au) based on parcel size. For purposes of this chapter, the following permitted livestock equate to the animal units listed:

(2)

The number of urban livestock permitted shall be limited to the total square footage of a parcel outlined herein:

(c)

The following regulations apply based upon the type of urban livestock being housed on a property. In no instance shall urban livestock be kept within 100 feet of any well, spring, or stream:

(1)

Hens may be kept subject to the following requirements:

a.

Hens must be kept in an enclosure, including a fence or corral, in the rear yard that provides at least ten square feet of space for each hen. The enclosure must be of sufficient type, height, and strength to secure the hens and reasonably assure that they will not escape. The enclosure must be at least 20 feet from all adjacent property lines and 40 feet from residential structures located on adjacent properties. The area within the enclosure must be well drained and free from standing water.

b.

There shall be a covered, well ventilated, predator proof coop within the enclosure that provides at least two square feet per hen, nesting boxes for each three hens, 12 inches of roost per hen, and provides access to the outdoor portion of the enclosure. A coop shall not exceed eight feet in height.

c.

Hens may be allowed to roam outside of the coop or fenced enclosure if within the fully fenced rear yard of the premises housing the hens, and under direct supervision by an adult in the immediate vicinity of the hens.

d.

Roosters are expressly prohibited, regardless of the age or maturity of the bird.

(d)

Maintenance and care.

(1)

All premises on which urban livestock is housed shall be kept clean from filth, garbage, and any substance that attracts rodents. The enclosures and structures shall be clean and sanitary, and odors from animals, manure, or other animal related items shall not be perceptible at the property boundaries.

(2)

A sufficient quantity of fresh feed, water, and bedding must be provided for the number and type of urban livestock on a parcel.

(3)

Feed must be stored in a rodent-proof and weather resistant container located off the ground and in a cool dry place not accessible to animals.

(4)

Urban livestock shall not be allowed to run loose beyond the confines of the rear yard of the premises housing the animals.

(5)

Waste shall either be composted with carbonaceous material such as hay, bedding, or leaves and located 20 feet from all adjoining property lines, or stored in a sealed container until it is removed from the property.

(6)

On-site slaughtering of any urban livestock is prohibited.

(e)

Any person who violates or fails to comply with any of the provisions of this chapter will be subject to the penalties established by section 38-772 of this chapter.

(Ord. No. 2018-12-02, § 4, 12-18-2018)