(a) Generally.
(1) Any person residing in a single-family detached dwelling on residential zoned non-lakefront district property (R-1A and R-1B), after obtaining an annual permit from the Village, may keep on the property not less than two nor more than five hen (female) fowl of the same species for personal use only and not for any business or commercial use.
(2) Fowl may be kept as family pets or to lay eggs for personal consumption only.
(3) Slaughtering of any fowl on the property is prohibited.
(b) Licensing and inspections.
(1) Permit applications, including any supplemental documentation, shall be completed in the form as provided by the Village. Permits shall initially be limited to a maximum number of 12 in the Village and shall be issued on a first-come, first-served basis. The number of available permits may be revised by Village Council resolution.
(2) Completed permit applications shall be submitted to the Building and Code Enforcement Department, along with the fee which shall be established by Village Council resolution. After the Village’s acceptance and approval of the application, the applicant may proceed with construction of the enclosure and the keeping of fowl, but final approval and issuance of a permit by the Village Administrator shall not occur until completion of an inspection by the Village building official or his or her designee. Such inspection shall ensure compliance with the requirements of this section and other pertinent requirements of the Code of Ordinances. Failure to successfully complete an inspection shall result in a denial of the permit.
(3) The Village Administrator shall review applications and inspection results and may issue permits upon a determination that all requirements of this section have been satisfied.
(4) Permits shall be valid for up to one year, shall be non-transferable, and site-specific.
(5) Permits shall be renewed annually prior to their expiration dates. A reinspection must be scheduled in conjunction with the annual permit renewal.
(6) If the Village Administrator denies an application for a permit, a written denial, including the reasons for such action, shall be provided to the applicant. The applicant may appeal the decision of the Village Administrator to the Village Council in writing, in which case he or she shall be given a hearing before, and a decision by, the Village Council at a meeting within 30 days after notice of appeal is received by the Village Clerk.
(c) Number limit.
(1) A person who keeps fowl shall keep not less than two nor more than five hen (female) fowl of the same species.
(2) Roosters or other male fowl are prohibited.
(3) Fowl are prohibited on lake-front properties.
(d) Enclosure.
(1) Fowl shall always be contained and kept in a fully enclosed structure, known as a “coop,” or a fenced enclosure, known as a “pen”. Fenced enclosures must be welded wire mesh with openings no larger than one-fourth inch. A chicken coop shall be constructed of durable materials and shall be properly maintained in accordance with the Property Maintenance Code adopted in Chapter 1480 of the Village Code of Ordinances, as amended.
(2) A coop or pen shall be aesthetically pleasing and shall be designed to provide safe and humane living conditions for the fowl while minimizing adverse impacts (including, but not limited to, odor, noise, insects and dust) on neighbors, and shall meet all of the following additional requirements:
A. A coop or pen shall be detached from the residential dwelling and shall not be located closer than ten feet from the property line and 30 feet to the nearest point of any residential dwelling on an adjacent parcel.
B. A coop or pen shall only be permitted in the rear yard and shall not be located within any required rear yard setback area. The rear yard must be enclosed by a fence which:
(i) Complies with fence regulations set forth in the Village’s Zoning Code.
(ii) Is a minimum of 48 inches in height.
(iii) Is of material and type to completely contain the fowl within the yard upon the property.
C. A coop or pen shall not exceed six feet in height, as measured from the ground, and 80 square feet in floor area.
D. The use of corrugated metal/fiberglass, sheet metal, plastic tarps, scrap lumber or similar materials is prohibited.
E. A coop or pen shall have solid flooring to prevent rodent entry. Examples of suitable materials include wood, cement, composite type planking, or other suitable materials. The coop or pen may be raised off the ground to prevent rodents or burrowing animals from harboring beneath or entering the coop or pen. The coop or pen must be completely enclosed with a top or cover.
F. If the coop or pen includes a permanent run, the run must include buried welded wire fencing for rodent and predator deterrence.
G. Bedding for a coop or pen shall be comprised of wood chip shavings, straw or sand.
(3) A coop or pen for the keeping of fowl under this section shall not be considered an accessory structure and shall not be subject to the requirements of Chapter 1280 of the Village Zoning Code.
(e) Care of fowl.
(1) Fowl shall be kept in compliance with the current Michigan Department of Agriculture Generally Accepted Agricultural and Management Practices for the Care of Farm Animals, as it relates to laying chickens, ducks and quail, except as otherwise provided in this section, including, but not limited to:
A. Two square feet of coop or pen space must be provided per chicken.
B. Four square feet of coop or pen space must be provided per duck.
C. All feed and other items associated with the keeping of fowl likely to attract rats, mice, or other rodents or vermin shall be secured and protected in sealed, rodent-proof containers.
(2) Chicks may only be housed inside a residential dwelling prior to becoming fully feathered. Once fully feathered, they must be kept outside of the residential dwelling at all times.
(f) Private restrictions. The provisions of this section are independent of and are not intended to supersede or affect any private restriction, covenant or bylaw that may apply to the property.
(g) Revocation or suspension of permit.
(1) Permits for the keeping of fowl may be immediately revoked or suspended by the Village Administrator if the applicant violates any of the requirements of this section or other requirements of the Wolverine Lake Village Code of Ordinances, or if for any reason the keeping of fowl creates a nuisance or hazard.
(2) If the Village Administrator revokes or suspends a permit, the reason for the revocation or suspension shall be provided in writing to the permit holder. The permit holder may appeal the decision of the Village Administrator to the Village Council in writing, in which case he or she shall be given a hearing before, and a decision by, the Village Council at a meeting within 30 days after notice of appeal is received by the Village Clerk. Notwithstanding the filing of an appeal, the revocation or suspension shall take immediate effect and shall remain pending the outcome of the appeal.
(h) Violations. A violation of any provision of this section shall be deemed a municipal civil infraction subject to the procedures, sanctions and remedies as specified in Section 202.99
of the Administration Code. In addition, any violation of the terms of this section shall be and are hereby declared to be a nuisance per se and the Village, by and through its proper officers and agents, shall have the authority and power by proper court procedure to maintain and conduct legal action for the abatement of such violation.
(Ord. 153A-1. Passed 2-14-24.)