This is a zone change that will amend Sections 27-305, 27-306 and 27-607 of the Billings, Montana, City Code (BMCC) to allow the keeping of chickens within the city limits. A separate ordinance will amend the Animal Control regulations to set limits on the number of chickens and how they may be kept on residential property. The Animal Control Division will handle permitting and enforcement of those provisions. The keeping of livestock and fowl, including poultry, is currently not an allowed use within the City of Billings. The current code requires consultation of 3 sections of the code to determine whether poultry is an allowed or prohibited use. The proposed amendment will allow the keeping of poultry but not allow the keeping of other fowl (ducks, geese, turkeys, etc.) or livestock. The City Council initiated this amendment on May 14, 2012. The Zoning Commission conducted a public hearing on July 3, 2012, and is forwarding a recommendation of denial on a 3 to 0 vote. The City Council conducted the public hearing on July 23, 2012. The City Council voted to delay action on the amendment until August 27, 2012, so the Animal Control ordinance could be drafted and scheduled for public hearing.

The City Council may:
1. Approve the zone change
2. Deny the zone change
3. Allow withdrawal of the zone change
4. Delay action for up to thirty (30) days

There should be no financial impact from the proposed amendment.

The current code was unified with the County Zoning Regulations in 1997 and it appears some language was inadvertently deleted at the time, thereby making the Code difficult to interpret. The City Council and the City Zoning Commission considered requests to amend the zoning code to allow poultry (urban chickens) and both bodies declined to initiate those amendments in 2011. The City Council and City Zoning Commission initiated a zone change – Zone Change #885 – to amend the regulations to clearly prohibit keeping fowl in the city limits. This amendment was postponed for 30 days on March 26, 2012, and then tabled by the City Council on April 23, 2012. On April 16, 2012, the City Council reviewed draft regulations to allow a limited number of chickens on residential property in Billings. On May 14, 2012, the City Council initiated a text amendment to allow chickens within the city limits. The Planning Staff drafted the amendment to the code and reviewed it with Animal Control and the City Attorney. The planning Staff recommended approval to the Zoning Commission.

The Zoning Commission conducted a public hearing on July 3, 2012, and received the staff report and recommendation of approval. Bill Iverson and Doug Rubke provided testimony to the Zoning Commission. Mr. Iverson testified in favor and Mr. Rubke testified in opposition. The Zoning Commission voiced concerns with the potential of loose animals, transmission of disease, and neglect of animals. The Zoning Commission asked how many people might keep chickens if allowed by this change in the zoning regulations. Planning Staff believes less than 100 permits would be issued by the Animal Control Division. The Zoning Commission was also concerned with how the city could reverse the decision once 100 people were permitted to keep chickens if the problems out-weighed the benefits to this small number of people. The Zoning Commission is forwarding a recommendation of denial on a vote of 3-0.

Zoning Text Amendments may be initiated by the City Council, the Board of County Commissioners, the Planning Board, the County Zoning Commission, or the City Zoning Commission. The City Council initiated this amendment on May 14, 2012, and directed staff to develop an ordinance similar to the Missoula code. The Missoula regulations for zoning simply stipulate that up to 6 (six) chicken hens may be kept on  residential property within the city limits.
The primary regulatory tool in Missoula is the Animal Control code and Dave Klein, Animal Control Supervisor for the City of Billings, has prepared a separate ordinance for Billings. The proposed zoning amendments would only affect City property and will leave the livestock requirements in place for property in the 4.5-mile zoning jursidiction in Yellowstone County. The proposed amendments are supported by the Billings Backyard Hens group and by the 2008
Growth Policy Element related to Healthy Communities (Page 15). The Growth Policy states it is goal of Billings to provide accessible, affordable and nutritious food for everyone. The goal is to achieved by these objectives:
• Reduce malnutrition, diabetes, heart disease, and other nutrition related diseases.
• Ensure equal opportunities to healthy food sources.
• Support local farm produce.
Allowing City of Billings residents the option to raise up to 6 (six) chicken hens for a healthy food source meets the objectives in the 2008 Growth Policy.

If the City Council approves the zoning amendment and the Animal Control ordinance, chicken hens would be an allowed use in residential zoning districts and in commercial zoning districts where dwellings have been developed. If the City Council decides at a future time to repeal or amend the zoning regulations and the Animal Control ordinance to not allow the keeping of chicken hens, a previously legal use of property, then the keeping of chicken hens would become a legal nonconforming use of land. Section 27-403 of the zoning regulations allows the continuation of legal nonconforming uses of land under most circumstances. The City Council may consider adding language to this ordinance to clarify that if the ordinance is amended, repealed or otherwise revised to not allow the keeping of chicken hens, then an amortization of the nonconforming use would be applied. Language in this ordinance is not required for an amortization to occur at a future time. A future ordinance to repeal or otherwise not allow the keeping of chicken hens can include language for a specific time period to comply with the new restriction.