(A) Notwithstanding other regulations contained within the city's Zoning Ordinance (Chapter 157 of the Code of Ordinances of the City of Burton), and subject to the regulations set forth in this section, chickens may be owned, kept and possessed within the boundaries of certain non-agriculturally zoned areas within the City of Burton as a permitted accessory use.
(B) (1) Any person who keeps chickens on non-agriculturally zoned property shall first obtain a permit. An application shall be submitted to the Department of Public Works and a fee paid as shall be established, and from time to time be amended, by resolution of the Burton City Council. Initially this fee shall be set at $25.
(2) Permits shall expire and become invalid upon the expiration of a period of 5 years. Any person wishing to continue to house chickens shall obtain a new permit on or before the expiration date of the previous permit.
(3) Permits shall be issued for property zoned SE (Suburban Estate Residential), R-1A (Single Family Residential), R-1B (Single Family Residential), or, R-1C (Single Family Residential).
(4) Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association by-laws and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(5) No permit shall be issued to any person who shall have been judicially determined to have violated any of the provisions of this section without obtaining the affirmative vote of the City Council.
(6) (a) Permits are non-transferable and do not run with the land. Permits shall provide a limited license to conduct the activity as an accessory use, but no vested zoning rights shall arise from the issuance of a permit.
(b) Permits do not grant any right or authority to conduct commercial activities. Accordingly, the sale of eggs or the slaughtering of chickens at the permitted site shall not be allowed and shall result in the revocation of any existing permit.
(c) This section shall not regulate the keeping of chickens upon agriculturally zoned property where the raising of poultry is a permitted principal use when conducted in compliance with the Michigan Right to Farm Act and the Generally Accepted Agricultural Management Practices promulgated thereunder.
(7) No permit shall be issued to any person intending to house chickens upon any lot less then 1/2 acre unless such permit shall receive special use approval by the City Planning Commission pursuant to § 157.177.
(C) All persons receiving a permit to house chickens shall comply with all of the following requirements:
(1) No more than 6 female chickens (hens) may be kept.
(2) No male chickens (roosters) may be kept.
(3) Any such chickens must be provided a covered shelter which shall be located in the "rear yard" as that term is defined in § 157.006 of the Code of Ordinances of the City of Burton.
(4) All shelters for the keeping of hens shall be constructed, repaired and maintained to prevent rats, mice or other rodents from being harbored underneath, within or within the walls of the shelter.
(5) The shelter shall be maintained in a sanitary manner, free from offensive odors.
(6) All feed and other items associated with the keeping of chickens shall be stored and secured in such a manner as to prevent access by mice, rats and other rodents.
(7) No person shall be permitted to slaughter chickens upon the property where chickens are kept pursuant to this section.
(8) Shelters housing chickens must be kept a minimum of 10 feet from any property line and minimum of 30 feet from any neighboring residential or commercial building.
(D) Any violation of the requirements set forth herein shall result in the immediate revocation of any permit granted pursuant to this section.