If approved, the ordinance would require those interested to apply for a zoning permit for the construction of any shelter and enclosure. The cost of a zoning permit as outlined in the current Fee, Bond, and Insurance schedule is $80 - this initial review and approval would be addressed by the Planning/Zoning Division and it is expected that the cost of the zoning permit will cover staff time needed to review permit applications and site inspection. Additionally, a license fee would be imposed annually which would go toward any enforcement activities that may be required by Animal Control.
Without knowing the demand for such a license, or how many of these would actually be in violation, it is not clear if the license fee would be enough to cover enforcement costs. However, other communities surveyed have indicated that any costs associated with enforcement, if there has been a cost, has been nominal. |
Over the past few years, the City has received a variety of requests from property owners asking for the opportunity to raise urban livestock (including hens, bees, goats, etc.) on their properties. The current ordinance only allows these types of animals in Agriculture or Rural Residential zoning districts, all of which are located in the south portion of the City.
In response to Good Food BC findings and assessment, in 2015 Sprout Urban Farms commissioned a local urban agriculture policy to explore potential opportunities and regulations that would address this issue. The policy listed a number of reasons why these activities should be encouraged – food access, food security, knowledge of food sources, etc. The local policy was presented to the City Commission at their workshop in February 2016. Support from the Commission provided direction to staff to proceed with community engagement and research of the issue and potential regulations. Community engagement efforts included two roundtables, three surveys, and two additional Commission workshops. In total, over 600 voices were heard. Additionally, City staff recorded many emails, phone calls, and social media comments throughout the process, as well as held multiple meetings with the City Attorney’s Office, Police Department, Animal Control, and Community Services.
Initial engagement was centered around both urban farming & urban livestock, with the City seeking input on specific activities/animals and potential allowances and limitations. Early on it was clear that urban gardening/farming, with limitations, would be acceptable. Later, efforts transitioned to urban livestock to take a closer look at what specific animals should be considered as well as potential allowances and limitations. This included a deeper dive into concerns to be able to analyze any potential regulations that could help mitigate those concerns. Results from the roundtables and surveys show general support for hens, goats, and bees. The proposed draft ordinance, an amendment to Ch. 608 Animals, includes language that attempts to create a common ground between those wanting to have urban livestock and those opposed. The suggested language was written taking into consideration public input, the local policy commissioned by Sprout, recommendations from All Species Kinship, review and analysis of Battle Creek property data and conditions, and research and analysis of other local communities that have adopted similar ordinances.
Recent amendments to the draft include:
The draft ordinance would allow only hens (no roosters), and any references to goats, bees, and rabbits were removed. The structure of the ordinance still refers to allowable "livestock" so that any future changes to the ordinance would only require adding other types of animals and not require substantial changes to the ordinance.
This recent draft includes a maximum number of 20 licenses being issued within the City. Limiting the number of licenses allows time for staff to determine demand and to be able to evaluate conditions around this issue.
- Twenty licenses is just over .1% of the number of single/two family residential parcels in the City. In our research, Charlotte, MI is the only city found that caps the number of licenses. Their cap is 10 and as of last spring, only 7 licenses have been pulled. Bay City does not have a cap, and they have issued a total of 12 licenses. Due to the land area of Battle Creek, it is staff's opinion that the cap of 20 is appropriate. If there are problems after a license is issued, the ordinance provides authority for a license to be revoked.
- Language does not include limiting the licenses to specific areas of the City - the interest from residents has been from all over and there is benefit to seeing where in the City residents choose to move forward with this.
- After a year where the effects of the ordinance can be evaluated, the number of hens allowed can be reduced, or eliminated with provision that those existing, licensed, and lawful hens would be able to remain. The concern with an outright rescission of the ordinance within a set amount of time (i.e. a sunset clause) is that property owners who have made an investment in their property with enclosures, housing, and animals would have to get rid of all their animals even if they hadn't been a nuisance.
All supplemental information, reports, surveys are included on the Planning page of the City of Battle Creek webpage at http://www.battlecreekmi.gov/212/Planning-Zoning.
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