Stand Alone Ordinances

Asked August 8, 2013, 8:19 AM EDT

Does a Stand Alone Ordinance succeed a Zoning Ordinance. Our Zoning Ordinance says: Section 1417 Livestock and Domestic Animals The keeping of cows, sheep, pigs, hogs, horses or other such livestock is prohibited on any parcel of land less than five (5) acres in size. Domestic animals, such as cats, chickens, dogs and rabbits, may be kept on any parcel less than five (5) acres, provided the number of such animals shall not exceed four (4) animals per each acre of land. We also have a Stand Alone Dog Ordinance that says: 4.12 No person, firm or corporation shall keep or cause to be kept on his/her or its premises, or parts thereof, more than three (3) dogs at any time without benefit of a properly approved Kennel License, located in an appropriate district as determined by the Township Planning Commission; and as issued by the Clare County Department of Animal Control. Nowhere in this Dog Ordinance does it say: (This ordinance replaces and supersedes any previous ordinance enacted by Lincoln Township, Clare County, Michigan) as most of our other Stand Alone Ordinances states. I believe I already know the answer, but just confirming it.

Clare County Michigan community planning and zoning livestock ordinances zoning ordinance dog ordinance

1 Response

Zoning ordinance takes precedence.
Under the Michigan Zoning Enabling Act

125.3210 Ordinance as controlling.
Sec. 210. Except as otherwise provided under this act, an ordinance adopted under this act shall be controlling in the case of any inconsistencies between the ordinance and an ordinance adopted under any other law.

This does not affect state laws such as Right to Farm Act.

You may wish to have your municipal attorney look at Section 1417 as there is case law prohibiting such regulations regarding keeping of animals and parcel size.