Frequently asked questions regarding livestock in Montgomery
- What is the current status of this issue?
- Why is this matter being considered by City Council?
- What process will be followed by the City to address the question of livestock in Montgomery?
- What are the standards in place in nearby suburban communities?
- What is the current zoning the City of Montgomery?
- Does my Home Owners Association have any rules regulating livestock in my neighborhood?
- What does this issue have to do with the current outbreak of Swine Flu and concerns about Avian Flu?
- Do residents have other options for getting farm fresh eggs and other organic foods?
What is the current status of this issue? (top)
The City of Montgomery recently began a process to address a deficiency in its regulations which permitted all types of farm animals, including pigs, horses, cattle, etc. to be kept on properties within the City. Because of the potential problems associated with the keeping of farm animals on subdivision properties in the community, on July 1, 2009, City Council adopted an ordinance that placed an immediate ban on the keeping of these types of animals on properties within the City. (To view Ordinance No. 4, 2009 click here)
At the same time the City Council began the process to enact this ordinance, it also asked the Planning Commission to study the issue of whether some type of farm animals should be permitted in the City and under what conditions/circumstances. The Planning Commission has completed their study of the issue regulating exotic animals and finalized their recommendation on August 3, 2009.
City Council held a public hearing on September 23, 2009. The first reading of the livestock issue was held during the October 7th business session. The final reading will take place during the business session on December 2nd and will be voted on during the session.
Why is this matter being considered by City Council? (top)
The City received an inquiry about the restrictions regulating the raising of chickens on an individual lot in an existing neighborhood. City staff looked into existing city regulations and determined that the pertinent legislation had not been updated since 1976. As a result and due to the suburban nature of the community as it has evolved since 1976, staff formulated a recommendation to City Council to first consider putting in place a general offense ordinance banning livestock. The second staff recommendation was to have the Planning Commission research data to determine if there are any situations under which livestock would be allowed in the City of Montgomery and make a recommendation for change to the Zoning Code accordingly.
What process will be followed by the City to address the question of livestock in Montgomery? (top)
City Council will hold a public hearing on September 23, 2009 at 6:00 P.M. at City Hall on the final recommendation from Planning Commission and begin a process to consider any legislation that would further modify the city regulations on the topic of exotic and/or farm animals. In addition to the public hearing, any process to modify city regulations would also include three City Council work sessions and three legislative business sessions at which time the legislation will be discussed and, ultimately, action taken by City Council. Public comment will be taken by City Council during the public hearing as well as throughout the ordinance reading process.
The City of Montgomery process is designed to allow for adequate time to evaluate the needs and interest of the community as a whole and to allow multiple opportunities for community comment and feedback to be heard and considered before any decisions are made. Any action to modify the City’s regulations regarding livestock would be handled through the passage of legislation by City Council. Ordinances require three successive readings at business sessions of City Council before passage. Business sessions of City Council are held on the first Wednesday of the month at 7:00pm in the Council Chambers of City Hall. An ordinance becomes law 30 days after passage.
What are the standards in place in nearby suburban communities? (top)
The City’s research of nearby communities indicates that most require a minimum of five acres or more for the housing and keeping of farm animals. Any decision as to minimum required acres for the keeping of livestock will be determined as this issue is reviewed by the Planning Commission.
The following represent regulations in place for regulating livestock/farm animals in six local municipalities:
| Municipality | Regulation |
|---|---|
| Indian Hill | Farm animals are permitted. Rely on Hamilton County Health Department for enforcement of cleanliness standards. |
| Blue Ash | Suburban farms are allowed in R-1 district on a minimum of a 5 acre lot. The code does not list suburban farms as a permitted use in any other residential district. |
| Mason | Farm animals permitted; however, any structure used to house fowl, bees or farm animals must be a minimum of 100’ from side and rear property lines. Accessory structures not permitted in front yard. |
| Fairfield | Farm animals prohibited within the municipal limits unless located on a premises which is three acres or more in size. This regulation was added to the general code of ordinances and not the zoning code so that it could be retroactive. |
Wyoming |
May not keep or harbor any animal or fowl in the municipality which creates noxious odors or unsanitary conditions or for strictly commercial purposes. |
| Madeira | May not keep or harbor any animal or fowl in the municipality which creates noxious odors or unsanitary conditions or for strictly commercial purposes. |
| Sycamore Township | Farm animals are restricted to lots of five acres or more. |
What is the current zoning the City of Montgomery? (top)
Montgomery is a suburban community in which 70.1% of the City is zoned for single family residential use, with the majority of that land being zoned ‘A’ with a 20,000 square foot minimum lot size requirement. Only 3.2% of the City is zoned for multi-family use. According to the 2000 Census, the average household size in the City is 2.75 people/household.
A typical 20,000 square foot residential lot with a 15 foot required rear-yard setback from adjacent properties, would have approximately 10,800 square feet of rear-yard available for housing/keeping livestock after subtracting the land in required setbacks and the standard foot print of the house. There would be less square footage available in the rear-yard if a larger rear-yard setback were required for the keeping of livestock, which is frequently the case in communities permitting such uses.
Does my Home Owners Association have any rules regulating livestock in my neighborhood? (top)
Home Owners Association (HOA) covenants and restrictions differ from association to association, so homeowners should check their local HOA or neighborhood association to see if any restrictions exist. The final decision made by City Council regarding the raising of livestock will not supersede any neighborhood covenants and restrictions pertaining to livestock.
What does this issue have to do with the current outbreak of Swine Flu and concerns about Avian Flu? (top)
The proximity of livestock to humans may raise concerns on sanitation, health issues and the spread of disease. As a part of its research on the issue of keeping livestock, the City of Montgomery will consult with the General Health District and the Centers for Disease Control to identify how these issues may impact Montgomery. More information can be obtained on both Avian and Swine Flu through www.cdc.gov
or www.odh.ohio.gov.
Do residents have other options for getting farm fresh eggs and other organic foods? (top)
There are several area businesses that sell organic foods, including free-range chicken eggs, locally within Montgomery and in surrounding communities.