(a) In addition to livestock otherwise allowed in the Ag Agriculture zoning districts, urban livestock outlined herein is permitted on single and two-family residential parcels when accessory to a permitted residential use provided 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 for accessory buildings, fencing, and nuisance provisions of the Battle Creek Codified Ordinances.
(b) Animal Units/Property Size.
(1) For purposes of this chapter, the following permitted livestock equate to the animal units listed no more than one type of urban livestock is allowed per property unless the property exceeds 3 acres:
ANIMAL TYPE | ASSOCIATED ANIMAL UNITS |
Hen | 1 au |
Duck | 1 au |
Quail | 1 au |
Honey Bee Hive | 1 au |
(2) The number and type of each urban livestock permitted shall be limited to the total square footage of a parcel outlined herein:
LOT SIZE | PERMITTED ANIMAL UNITS |
LOT SIZE | PERMITTED ANIMAL UNITS |
Chicken | |
5,000 - 9,999 s.f. | 2 au |
10,000 - 14,999 s.f. | 4 au |
15,000 - 29,999 s.f. | 6 au |
30,000 - 43,559 s.f. | 8 au |
43,560 s.f. or more | 10 au |
Duck | |
10,000 - 14,999 s.f. | 2 au |
15,000 - 43,559 s.f. | 4 au |
43,560 s.f. or more | 6 au |
Quail | |
5,000 - 9,999 s.f. | 4 au |
10,000 - 14,999 s.f. | 6 au |
15,000 - 29,999 s.f. | 8 au |
30,000 - 43,559 s.f. | 10 au |
43,560 s.f. or more | 12 au |
Honey Bee Hive | |
30,000 - 43,559 s.f. | 2 au |
43,560 - 65,339 s.f. | 3 au |
65,340 s.f. or more | 4 au |
(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 one hundred feet of any well, spring, or stream:
(1) Chickens may be kept subject to the following requirements:
A. Hens shall be kept in an enclosure, including a fence or corral, in the rear yard that provides at least 10 sq. ft. of space for each hen. The enclosure shall be of sufficient type, height, and strength to secure and reasonably assure that the hens will not escape. The enclosure shall 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 2 sq. ft. per hen, nesting boxes for each three hens, 12 inches of roost per hen, and access to the outdoor portion of the enclosure. A coop shall not exceed 8 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.
(2) Ducks may be kept subject to the following requirements:
A. Hens shall be kept in an enclosure, including a fence or corral, in the rear yard that provides at least 25 sq. ft. of space for each hen. The enclosure shall be of sufficient type, height, and strength to secure and reasonably assure that the hens will not escape. The enclosure shall 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 4 sq. ft. per hen, a nesting box for each two hens, and access to the outdoor portion of the enclosure. A coop shall not exceed 8 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. A clean, shallow container for water that provides an area of at least 9 sq. ft. per hen shall be provided in the outdoor area of the enclosure to allow hens to clean themselves. The container(s) shall be of a size and design that can be filled and emptied daily.
E. Drakes are expressly prohibited, regardless of the age or maturity of the bird.
(3) Quail may be kept subject to the following requirements:
A. Hens shall be kept in a coop in the rear yard or in a house within a coop. The coop shall be a covered, well ventilated, predator proof coop that provides at least 10 sq. ft. per quail, a sand tray or pit, and a nesting box for each quail. A coop shall be a minimum of 18 inches in height and shall not exceed 8 feet in height. The roof shall be made of a flexible material to prevent injury when birds take flight. The area within the coop must be well drained and free from standing water.
B. If hens are kept in the rear yard, the coop must be at least 20 feet from all adjacent property lines and 40 feet from residential structures located on adjacent properties.
C. Cocks are expressly prohibited, regardless of the age or maturity of the bird.
D. Any and all appropriate state and federal permits and/or licenses that may be required are obtained and currently maintained.
(4) Honey bees may be kept subject to the following requirements:
A. Honey bees shall be kept in the rear yard at least 30 feet from all adjacent property lines and 100 feet from residential structures located on adjacent properties.
B. A six-foot high solid wall or fence extending 15 feet beyond the hive on both sides shall be located 10 to 15 feet from the hive entrance to direct forging bees above human height.
C. An adequate and constant water source, as temperatures allow, shall be placed within 20 feet of the beehives and permanently maintained while actively beekeeping to prevent bees from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact.
D. Beekeeping operations shall be compliant with the State of Michigan Generally Accepted Agricultural and Management Practices for Beekeeping and Apiary Management.
(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 clean and sanitary, and odors from animals, manure, or other animal related items shall not be perceptible at the property boundaries.
(2) Adequate fresh feed, water, and bedding must be provided sufficient 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 is not 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) Permit and Licensing or Registration Required. The keeping of urban livestock is subject to zoning permits and inspections for the construction and placement of the enclosures and any structures, and an animal registration or license as outlined herein and in Section 608.17
. A license granted under this section shall be valid for up to three years and renewable providing the property, property owner, and animals remain in compliance with applicable terms of the ordinance.
(1) Where a license is required, one license is required for each property keeping urban livestock. If a rental property, the property owner must authorize in writing the renter’s ability to apply for a registration, license or permit for the keeping of urban livestock. A license will be approved subject to property inspection by Planning and Zoning staff to ensure enclosures and housing for said animals are compliant with requirements of this chapter.
(2) The application for licensure must include a detailed list of all animals to be kept on the property. Any potential increase to the number/type of animals being kept under that licensure must approved by the City as an amendment to the original license.
(3) There shall be a maximum number of fifty (50) licenses issued for chickens, twenty-five (25) licenses issued for duck and twenty-five (25) licenses issued for quail granted in the City of Battle Creek. After the maximum number has been reached, no additional licenses shall be issued.
(4) The keeping of honey bees require registration with the City of Battle Creek identifying the address, number and placement of beehives and compliance with the requirements of Section 608.30
.
(5) Denial and Revocation. Permits, licenses or registrations may be denied for failure to comply with the provisions of this chapter, if the facilities for the keeping of animals are or become inadequate for their purpose, if the conditions of the permit or license are not met, if a nuisance condition is created, or if the public health and safety would be unreasonable endangered by granting of such permit. The City may refuse to grant or may revoke a permit if the urban livestock become a nuisance, as evidenced by the third substantiated violation.
(f) 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 608.99
of this chapter.
(Ord. 04-2018. Passed 5-1-18; Ord. 04-2023. Passed 5-2-23; Ord. 08-2023. Passed 9-5-23.)