VILLAGE OF CAPAC ORDINANCE NO. 2024-04

VILLAGE OF
CAPAC
ORDINANCE
NO. 2024-04
AN ORDINANCE TO AMEND CHAPTER 30
OF THE VILLAGE OF CAPAC CODE OF ORDINANCES
THE VILLAGE OF CAPAC ORDAINS:
SECTION 1. Chapter 30 – Zoning, of the Village of Capac Code of Ordinances is amended to add Section 30-30. “Keeping of Chickens” as follows:
Sec. 30-30. Keeping of Chickens.
Chickens are permitted to be kept in the R-1, R-2, R-3, and RM districts subject to the terms of this Ordinance.
A. Chickens may only be kept on parcels zoned for single-family residential use and where single-family residential is the primary use of the parcel.
B. Keeping of chickens shall be done on a non-commercial basis while limited and mitigating potential adverse impacts on surrounding parcels. The chickens and eggs shall be used exclusively by the occupants of the parcel.
C. A maximum of five chickens per single-family residential dwelling and per parcel of land are permitted.
D. Each parcel where chickens are kept shall have a covered enclosure to house chickens and a fenced enclosure in the rear yard to be used by the chickens. Sand must be used as the base for inside the covered enclosure and fenced enclosure. The covered enclosure shall be constructed and maintained in such a way as to prevent rats, mice, and other rodents from harboring inside or underneath the covered enclosure. The covered enclosure shall be constructed of new materials of a similar color, quality, construction, and appearance as the residential structure on the property and must be pre-approved by the Village of Capac Building Official or designee before construction.
E. The covered enclosure and enclosed fenced area may not exceed 200 square feet combined and shall be a maximum of 6 feet in height. The enclosed fenced area must be attached to the covered enclosure and may not exceed 8 feet in length. The fence shall be constructed of new materials of a quality, construction, and appearance consistent with the aesthetic of the residential structure on the property and must be pre-approved by the Village of Capac Building Official or designee prior to construction.
F. All covered enclosures and fenced enclosures shall be setback: (i) at least 10 feet from all property lines; (ii) six feet from the principal residential structure; and (iii) 25 feet from any residential dwelling located on adjacent parcels.
G. The parcel shall have a privacy fence in the rear yard which shields the covered enclosure and the fenced enclosure from view. Said privacy fence shall be constructed on the property line and shall be between 5-6 feet in height.
H. Chickens must be kept inside of the covered enclosure from dusk to dawn and shall be always kept within the covered enclosure or fenced enclosure.
I. Roosters and crowing hens are prohibited.
J. All feed and other items associated with the keeping of chickens shall be secured and protected in sealed containers.
K. Chickens shall be kept in compliance with all applicable generally accepted agricultural and management practices as established by the State of Michigan.
L. Meat chickens may not be slaughtered within the Village.
M. Owners of residential parcels where chickens are kept shall ensure proper odor control is utilized which prevents odors caused by the chickens, raising the chickens, or housing the chickens from being detectable beyond the property lines of the parcel where the chickens are kept.
N. Chickens must be kept and raised so as not to cause a nuisance.
O. Owners of any parcel where chickens are kept must obtain and maintain a valid permit from the Village of Capac and pay such fee for the permit as determined by the Village of Capac Council. As a condition of the permit, the owner agrees that the property, covered enclosure and fenced enclosure required herein are subject to inspection by the Village of Capac. The Village of Capac Council or its designee, after notice and opportunity for a hearing, may revoke the permit if it is determined that there is a violation of this Ordinance. If the permit is revoked for any reason, the permittee cannot apply for another permit under this section for 2 years.
SECTION 3. No Other Amendment.
Except as amended above, this Ordinance does not amend any other provision of the Village of Capac Ordinances.
SECTION 4. Severability
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, paragraph, rule, regulation, section, or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion thereof other than the part declared void or inoperable.
SECTION 5. Effective Date and Publication of Notice
This Ordinance shall take effect 15 days after publication.
Certification
I, LeAnn Brewer, Clerk of the Village of Capac do hereby certify that Ordinance No. 2024-04 adopted by the Village of Capac council at a regular meeting held on the 18th day of November, 2024 was published as provided by law.
Vote on this Ordinance, 5 members being present, was as follows:
AYES: Joseph Herrington, Debra Hlubic, Mary Klug, Lynne Mandeville, Samantha Ramirez
NAYS:
ABSENT: Anthony Vigiletti
This Ordinance is hereby authenticated.
Debra Hlubic
Village of Capac President
LeAnn Brewer
Village of Capac Clerk
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