This is a zone change that will amend two sections of the Billings, Montana, City Code (BMCC) regarding fence height in front yards. The current code establishes a maximum height of 3 feet for any fence in a front yard setback. The proposed amendment would increase this maximum height to 4 feet in the front yard setback. The City Zoning Commission initiated the amendment on February 7, 2012. The Zoning Commission conducted a public hearing on May 1, 2012, and is forwarding a recommendation of approval on a 4-0 vote.

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.

Most fence material suppliers do not carry a 3-foot height but most carry a 4-foot high fence material. Fence height limits in the front yard are primarily to promote public health and safety since a tall fence in front of a structure could prevent emergency access or block vision of the address numbers on the building. Allowing a 4-foot front yard fence will not have an effect on public health or safety and would allow property owners to provide a more secure front yard area for pets and children. Any fence within a clear vision area on a corner lot or for a drive way cannot exceed 30 inches in height regardless of the allowable fence height in the front yard setback. This amendment will not negate any current or future private subdivision covenants and restrictions regarding fence height in front yard setback areas. The city does not enforce these private covenants and restrictions.

The Zoning Commission conducted a public hearing on May 1, 2012, and received the staff report and recommendation. No other testimony was received. The Zoning Commission voted to recommend approval of Zone Change #898 on a 4-0 vote.

Current city code allows a maximum 3-foot fence in the front yard setback for all property except for industrial zones and the Central Business District (CBD). This restricts the usability of front yard spaces for children's play area and pet spaces. The Growth Policy and Infill Development Policy encourage improvements in quality of life in residential neighborhoods. Encouraging use of front yard spaces will enhance the quality of neighborhoods by improving safety.