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July 10, 2016 Volume 10 1 Issue 13 Zoning Bulletin <br /> Land Use/Exclusionary Zoning <br /> Township says commercial <br /> composting operation is not a <br /> permitted use in an Agricultural Zone <br /> Commercial composting operator argues <br /> that its operation amounts to a "farm" under <br /> both townships zoning ordinance and the <br /> state's Right to Farm Act <br /> I <br /> Citation: Charter Tp. of White Lake v. Ciurlik Enterprises, 2016 WL <br /> 2772160 (Mich. Ct. App. 2016) <br /> MICHIGAN(05/12/16)—This case addressed the issue of whether a <br /> composting facility was a"farm"under a township's zoning ordinance. <br /> It also addressed whether the composting facility was entitled to protec- <br /> tion under Michigan's Right to Farm Act. It further evaluated whether <br /> a township's zoning ordinance that did not permit a use of commercial <br /> composting in an agricultural district was in violation of Michigan's <br /> exclusionary zoning statute. <br /> The Background/Facts: Ciurlik Enterprises and Martin Ciurlik <br /> (collectively, "Ciurlilc") owned land in'an agricultural ("AG") zoning <br /> district in the Township of White Lake (the"Township"). Since 2008, <br /> Ciurlik used the land as a large-scale commercial composting facility. <br /> Beginning in May 2014, the Township began receiving complaints <br /> regarding noxious odor emanating from Ciurlik's facility. The Town- <br /> ship's Planning Director visited the site and determined that the com- <br /> mercial composting facility violated the Township's zoning ordinance <br /> (the "Ordinance") as that use was not a permitted use of AG-zoned <br /> land. <br /> Under the Ordinance, the principal use permitted on an AG-zoned <br /> property included"Farms."The Ordinance defined a"farm" as: <br /> "All of the contiguous neighboring or associated land operated as a single <br /> unit on which bona fide farming is carried on directly by the owner,opera- <br /> tor,manager or tenant farmer,by his own labor or with the assistance of <br /> members of his household or hired employees; provided,however,that <br /> land to be considered a farm hereunder shall include a continuous parcel <br /> of five (5) acres or more in area; provided further, farms may be <br /> considered as including establishments operated as bona fide green- <br /> houses, nurseries, orchards, chicken hatcheries,poultry farms, dairies, <br /> livestock raising and apiaries." <br /> 6 ©2016 Thomson Reuters <br />