This is a zone change that will amend Section 27-607 of the Billings, Montana, City Code (BMCC) to clarify that both livestock and fowl (poultry) are not allowed uses 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 make the prohibition clear within Section 27-607 without requiring a reading of other sections of the code. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on March 6, 2012, and is forwarding a recommendation of approval on a 4-0 vote. The City Council conducted a public hearing on March 26, 2012, and voted to delay action on this item for 30 days.

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 to the City from the zone change amending the text of the regulations.

The current code was unified with the County Zoning Regulations in 1997 and it appears some language was inadvertently deleted at the time. The City Council and the City Zoning Commission considered requests to amend the zoning code to allow poultry (urban chickens) and both the Council and the Zoning Commission declined to initiate those amendments. The clarification of the code will ensure appropriate and accurate enforcement of the prohibition of poultry within the city limits.

In order to make the regulations consistent, the proposed amendment adds the word "fowl" to the first sentence under Section 27-607 - a supplementary section to the main zoning district regulations for residential zoning at 27-305 and commercial/industrial zoning at 27-306. This does not effect the current prohibition on raising livestock and fowl within the city limits, but ensures consistency among all Code sections related to the same subject. The current code requires consultation of 3 sections - 27-201 (Definitions), 27-305 (Residential Uses) or 27-306 (Commercial/Industrial Uses) and 27-607 (Livestock and Fowl) to determine whether poultry is an allowed use within the city limits. Keeping livestock and fowl within the city limits has not been an allowed use since at least 1972.

The Zoning Commission conducted a public hearing on March 6, 2012, and received testimony from Doug Ruebke, Carol Braaten, Emily Gocke-Smith, Kyle Pirami, TJ Wierenga, Carol Sunderland, Dan House and Nathan Blanding.
Doug Ruebke testified in favor of the amendment. He stated he sits on the Animal Control Board but is not representing the views of that board but his personal views. He advised the Zoning Commission to review the code in depth so any and all potential loopholes are closed and the code is very clear that chickens and other fowl are not allowed in the city limits.

Carol Braaten testified in opposition to the zone change. She stated she represents a large group of constituents in Billings who are advocating to keep a small number of female chickens. She stated there have always been people in Billings who keep a few hens and there is no point to adding a few words to make all of the hen keepers outlaws. Ms. Braaten stated the hens kept in Billings are pets, they are not livestock or fowl as the code states. These are not large commercial agriculture operations. She urged the Zoning Commission not to shut the door on
the possibility of keeping a few chickens in Billings.

Emily Gocke-Smith testified in opposition of the zone change. She stated she is involved with the advocates for urban hens and is a veterinarian. She provided testimony to the Zoning Commission last June in support of the change to the code to allow hens. She stated she now understood how the code should be read but is still not in favor of the amendment. She stated some people who keep hens now were told by city staff the code was vague and went ahead and acquired chickens based on the vagueness of the code. She stated this amendment would place a finality on the code that currently does not exist.

Kyle Pirami testified in opposition. He stated he is in favor of people keeping a few hens. He stated hens and chickens were quiet compared to dogs - with the exception of roosters. He stated if you have a sand box for your kids you know the neighbor's cats will use it for their litter box but people in Billings get to keep cats. He stated hens would not jump fences to use your backyard as a dumping ground. He stated hens are quiet at night compared to some dogs in Billings. He stated some people have hens based on city staff advice that the code was vague.

TJ Wierenga testified in opposition to the code amendment. She stated that she was the individual who spearheaded the effort last spring to request a code amendment to allow chickens in Billings. She stated last year she had to call the city staff 8 times before she got a clear answer that chickens were not allowed within the city. She presented a list of 150 cities in the United States that now allow the keeping of hens. She stated she conducted a hen expo last summer, maintains a website for chicken advocates, a Facebook page to share information, and runs a chicken relocation program for people who inadvertently raise a rooster or who are turned into the city code enforcement. She stated they have relocated about 5 dozen chickens so far and is now working with community gardens to compost chicken waste for use as fertilizer. She stated her group has a petition with over 250 signatures in favor of keeping chickens in Billings. She asked the Zoning Commission why it was outlawing chickens in Billings now, just when her group is working to change that prohibition. She stated there was no problem now with people who keep chickens in Billings. She stated she was concerned the heavy hand of enforcement would now be wielded against Billings chicken keepers.

Carol Sunderland testified in opposition to the amendment. She stated she testified in June last year to the Zoning Commission and to the City Council in the fall. She stated she personally does not want any chickens but wanted her friends and neighbors to be able to keep hens. She stated some members of the Zoning Commission and the Council have said they have nothing against hens but every vote and amendment states otherwise. She stated she expected the Zoning Commission and Council to be their representatives but appears they are not listening and have not reasonably considered the petitions of the advocates on this issue. She stated all she has ever heard from the Council and Commission is personal bias against chickens. She stated there were many people here in favor of hens but only one person against keeping hens.

Dan House testified in opposition to the amendment. He stated he understands the Zoning Commission's role is not to make major amendments to the proposal at this time but it should consider the testimony in favor of keeping hens in Billings. He stated he believes the Council is using the Zoning Commission as a cat's paw to prohibit keeping hens.

Nathan Blanding testified in opposition. He stated the Zoning Commission should make keeping hens legal throughout the city. He stated a small number of hens perhaps 3-6 would be a reasonable proposal. The hens would provide food for the homeowner and would not be a commercial operation at all. He stated it defies logic and common sense to continue this campaign against a small number of hens. He stated the existing code is up for interpretation and perhaps the Zoning Commission should make it clear that hens are allowed and not prohibited as the staff advocates.
There was no other testimony.

Commission Member Hawkins stated she had received an ex-parte telephone call from Bill Iverson on this issue urging her to not recommend approval of the text amendment. He stated a few hens would be a benefit to many within the city and she should vote accordingly. In response to a question from Chairman Dailey, Planning Staff clarified the intent of the amendment was not to prohibit chickens but to ensure a correct interpretation of the existing code. Planning Staff explained that all code enforcement is based on receiving a complaint and that complaint must be verified by a field inspection by a code enforcement officer. Planning Staff stated the amendment does not forestall or obstruct in anyway a future amendment of the code to allow keeping hens in Billings. Planning staff stated an amendment to allow hens in Billings is not under consideration with Zone Change #885. The Zoning Commission is forwarding a recommendation of approval on a 4-0 vote.

Prior to any action to approve or disapprove, the City Council will consider the recommendation of the Zoning Commission and consider the testimony provided at the public hearing. The Growth Policy recommends updating regulations to provide predictable land uses throughout neighborhoods and to provide compatible uses within those districts. The update to code provides clarity and consistency across several sections of the zoning code.