Having and caring for chickens can be a fun and educational experience for families. After the Michigan Court of Appeals ruling in Dezman v. Charter Twp. of Bloomfield, No. 360406 (June 1, 2023), the right of residents in Bloomfield Township to own and house chickens in their backyard has been affirmed. In this case, the Court reexamined the Board of Zoning Appeals (ZBA) decision to deny of Plaintiffs request to keep chickens on their property.
Bloomfield Township notified the Plaintiffs that they were in violation of Zoning Ordinance §42-3.1.3 because they had chickens and a chicken coop on their property. This ordinance lists the permitted uses for Plaintiffs’ R-3 One-Family Residential Zone property as one-family dwellings and farms.
The ZBA argued that the property must be classified as a farm if it is to house chickens. However, the ordinance defines a “farm” as an area of land not less than forty (40) acres which may include chicken hatcheries. Bloomfield Zoning Ordinance §42-5.1. The Plaintiffs’ 1.83-acre property does not meet the requirements of a farm under the Zoning Ordinance. The ZBA then attempted to require the property to be defined as a chicken hatchery. However, the Court held that this was not applicable as the chickens are only being used for the property owners to have fresh eggs, and for educational purposes.
It is important to note that the Court highlighted that the Zoning Ordinance does not state what specific activities are allowed at one-family dwellings. The Township attempted to suggest that because the ordinance does not expressly state residents may keep chickens at a one-family detached dwelling, such use is excluded. The Court using this logic, pointed out that then every activity at a one-family detached dwelling must then be excluded because the ordinance does not list any activity that is allowed. This logic is not the legal standard for ordinance interpretation.
Ultimately, the Court held that the language of the Bloomfield Township Zoning Ordinance in question is plain and unambiguous and omits any language prohibiting an individual from keeping chickens on their property. Property owners of one-family detached dwellings may maintain chickens without seeking a variance from the ZBA.
While chickens are allowed today on a Bloomfield Township property, the future is still uncertain. The Township may in their discretion re-write its ordinance to expressly prohibit the ownership of chickens on one’s property. However, as of today, let’s continue to learn about chickens and enjoy fresh eggs!
If you have concerns about zoning ordinances and how it may affect your property, you should reach out to an attorney to discuss your options.
A link to the full opinion can be found at: https://law.justia.com/cases/michigan/court-of-appeals-unpublished/2023/360406.html
