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[MonroeNews.com]

Right to farm  and #8212; or not?
2 September 2009, 11:58 am

PETERSBURG - Jessica Brown used to be able to sit on the deck outside of her Wells Rd. home and feed her horse, Roxie.

Source: MonroeNews.com - Local News

[BigRedDog]

Ms. Brown has an interesting point about this... 

[SidecarFlip]

Read the article online.  My comment is how does the Right to Farm Act pertain to a person who don't farm and two, lives in a residentially zoned district.

The Right to Farm Act only pertains to working farms that produce a saleable commodity, a commercial operation.

Section 286.472 of the Right to Farm Act states:

The definition of farm and the definition of farm operation is, in part.... The commercial production of farm products.

She does not meet the definition of a farm or farm operation especially in light of the fact that she resides in a residential zoned area.

A hobby horse at a residence does not constitute a working farm and finally, for Summerfield Township to act on a zoning violation, someone has to submit a written complaint, which she fails to mention.

That would be tantamount to living in the City of Monroe and having a horse in your backyard.  Residential zoning is the same, whether here or there.

I also read that Mr. Iott at some point told her it was ok to have a horse.  While Mr. Iott may be the Supervisor, Mr. Iott isn't always right, as in this case.

If you go by the Michigan Right to Farm Act, she don't have a leg to stand on in my opinion.

This will be another matter for the court to decide however.

[Raisinet]

Sad for the family and the horse, but I have to say it seems like a stretch to say they are using the horse in a farming operation.  I would like to know how the next-door neighbors feel about it.  It may be the neighbors that have the most concern, especially if it is in a residential area.

[BigRedDog]

So should anyone who farms a parcel of property that is zoned "Residential" therefore be prohibited from farming it??? 

[T-M-T]

So should anyone who farms a parcel of property that is zoned "Residential" therefore be prohibited from farming it???

I guess that depends on your definition of "farming".

Growing a garden is probably OK.
Raising 75 hogs probably isn't.

[eriemermaid]

I think one horse and she could have gotten away with it.  But, when she brought in another horse, I'll bet the neighbors didn't like it one bit. 

[BigRedDog]

I guess that depends on your definition of "farming".

Growing a garden is probably OK.
Raising 75 hogs probably isn't.

I grew up on a hog farm...    I guess we never had 75 though, maybe 35 or 40...   

I never saw a problem with hogs (maybe the neighbors did though)!!!

[Raisinet]

I bet the neighbors thought a stud farm was in the works...

[Boylanjl]

The Right to Farm Act only pertains to working farms that produce a saleable commodity, a commercial operation.

Section 286.472 of the Right to Farm Act states:

The definition of farm and the definition of farm operation is, in part.... The commercial production of farm products.

If what Sidecar posted is that section out of the right to farm act ( I have no doubt that it isn't.)  I think they have no leg to stand on and the township is correct.  I can not see how they would be able to claim a farm when living in a zoned residential area, a plot that is not the acreage required to have a horse, and they do not farm for any commercial purpose.

[Baby Hitler]

We had a similar problem when I was growing up.

We moved to a place that was just inside the village limits. But we brought our horse along with us. We had about 2 acres of land and kept the horse way in the back part. This was all fine and dandy, no one complained until we got 3 little pigs and put them in behind the horses pen.

We had a deal between 3 different people, one bought the pigs, the other paid for the food, and we were the ones that raised them up for slaughter.

There was never a problem, no one even knew the pigs were there until the neighbors dog got loose and they found the dog barking outside of the pig pen.

We got a notice to get rid of the pigs soon after, luckily, they were almost ready to be slaughtered anyhow. The one we had was mighty tasty.

And that my friends is the story of the 3 little pigs.

[BigRedDog]

The property in question is NOT in downtown Petersburg...

it is on Wells Road and south of Morocco road...

completely surrounded by farm property...

it may in fact be zoned residential however the "atmosphere" surrounding the property is certainly agricultural...

there sure are some interesting comments from readers below the article...

[supermom]

I would question why it took them so long to find her in violation. Why did they not stop the fence when it was being put up? It sounds like a jealous neighbor situation to me!

[livewire]

This is totally ridiculous.

I honestly don't think she has a good case, using the RTF Act as her defense.  She is not farming.

HOWEVER: 

According to the article, she moved there four years ago, WITH the horse.  Why did it take the Township that long to notify her she was not in compliance with the Zoning Ordinance?  She has a very strong case using this as her defense, but it will unfortunately cost her a lot of money to defend her position.

In addition, if the township forces her (or even TRIES to force her) to remove the horse, the township BETTER do the exact same thing with EVERY other horse violation in the township.

That's not likely to happen.

I wonder how old their Zoning Ordinance is?  If it was adopted during the time she lived there, she would be permitted to keep the horse - violation or not.  The ordinance would have a clause permitting existing violations to stay, but she would not be allowed to "increase" the violation.  In other words, she would not be allowed to get another horse, or expand her paddock.

If I were her, I would document (with pictures) EVERY other similar violation in the township, and talk with those horse owners, and explain that they might be next.  It wouldn't hurt for her to have a little backup at the Board meetings...

[SidecarFlip]

LW:

-The ordinance was in effect before she moved to the property.

-She states that Mr. Iott told her verbally that she could have a horse on the property.  That's wrong and you and I both know how that works.

-There was no problem until a written and signed complaintwas submitted to the Township Zoning Officer.  At that time, the Zonong enforcement officer acting on the ordinance.

-She fails to mention that a written complaint was submitted to the township in her MEN article.  That is the only way a complaint of any kind is acted upon.  People tend to leave out important facts when stating their plights.  Human nature I suppose but very germane to what is transpiring here.

-Prior to that she was offerd the chance to apply for a variance but decined to do so.

-She is using the RTF as a basis for her defense (and GAMP) which has no bearing whatsoever on the complaint or the defense.  She isn't a commercial farming operation plain and simple.  I have to assume that she was given that information by someone in error.

It would have been so much easier to come in front of the Zoning Board and apply for a variance, which costs a palrty 300 bucks, lots less than she's going to spend and I don't believe the result will bode well.

As far as the comment by another poster about farming in a residential area, her property is less than 1.5 acres, the minimum requirement under the zoning ordinance for one large animal.  If she wanted to garden, no problem.  If, indeed gardening is considered farming.

RTF is for commercial operations as stated in the RTF Act.  She's not a commercial farming operation.

I just pulled the zoning map from the Township line at Rauch Road, north along Wells to Dunbar (north Township line), everything is zoned R1-Single Family Residential, the exception being at Tunnecliff and Summerfield and the other side of the interchange, that being C2-General Commercial.

The Township was not aware she was in violation until the written complaint was tendered and then and only then, the Township acted upon the complaint.

I'm reasonably sure there are lots of zoning violations occuring in every towhship, but none come to light unless a written complaint (in Summerfield's case) is presented to the Township.