MI Supreme Court Reverses Decision that Held Plaintiffs Need Not Seek a Variance for a Chicken Coop on their Property

The MI Supreme court reverses the Court of Appeals decision which held that the plaintiffs were not required to seek a variance and permission to keep chickens in a chicken coop on their property. The Supreme Court noted that, “The zoning ordinance stated what activities are permitted at the one-family detached dwelling on plaintiffs’ property: accessory uses and accessory structures customarily incidental to one-family detached dwellings. Zoning Ordinance § 42-3.1.3(B)(i) and (vi).  Since the zoning ordinance did not specifically include chicken coops, they must be excluded, and therefore a use variance would be required.  The Court remanded to the Court of Appeals to determine whether the Circuit Court erred in affirming the decision of the Charter Township of Bloomfield Zoning Board of Appeals to deny the plaintiffs’ request to keep chickens in a chicken coop on their property.

Dezman v Charter Township of Bloomfield, 2023 WL 9115828 (MI 11/22/2023)