City Planner Ryan Homsi, who represented the city, said the purpose of Tuesday’s hearing was not to decide whether the city should permit the keeping of chickens nor whether Combs should be allowed to keep his chickens.
“Council’s role is to determine whether BZA made an error in their written decision,” he said.
Credit: DaytonDailyNews
The Kettering BZA on Aug. 12 ruled that the zoning administrator did not err in interpreting the city’s code and that the flock of 18 chickens violates city rules.
The city and Combs agree that the zoning code defines household pets as: “Any dog, cat or other species of animal, fish, fowl, amphibian or reptile which species is commonly deemed in this city to be tame and domesticated, or that is commonly accepted in this city as a pet kept inside a residence. A household pet is not kept for food production or agricultural value.”
In 2015, graphics of a chicken and pig were added to the zoning code, both inside a red circle with a slash through it, which Homsi said indicates they are not allowed.
Combs has now spent $700 on two appeals: $250 for the BZA appeal and $450 for the council appeal, which he said shows his commitment to his pets. He asked the council to reverse the BZA’s decision by recognizing his hens as household pets and to refund the fees paid.
“I am here tonight to stand up for my rights and my liberties, and what the city has authorized for years: the right to keep my household pet fowl,” he said.
His presentation included a slideshow that showed him, his family and friends interacting with the hens.
Combs told council members that he studied Kettering’s zoning code before getting hens and that his serve no food purpose because he buys chicken meat and eggs from the grocery.
“The ordinance expressly includes fowl, and every definition of fowl includes chickens. My hens are tame and domesticated; not kept for food or agriculture. There is no evidence to the contrary,” Combs said.
He told the council that when he saw the graphics, he interpreted it as either no swine or poultry for food source or no roosters because a rooster was depicted.
A U.S. Army combat veteran who served in Iraq, Combs became emotional as he shared that he suffered from suicidal thoughts until he got his pet fowl, which he said lift his spirits.
“I tend to be a private person, yet I have shared my story with the community as I believe my rights as a Kettering resident are being violated,” he said. “And that’s not fair to me, my family or any Kettering resident.”
Credit: Jen Balduf
Credit: Jen Balduf
Three residents spoke during the hearing: two opposed to the BZA ruling and one in favor.
One resident, Emily Kyne, said she grew up around chickens and that they are inherently domestic and can be good pets.
Neighbor Kahlie Hake said she’s never seen Combs treat the birds as livestock and that he treats them as pets. She also answered in the affirmative when Combs asked whether she’s ever seen him or his family walk their pet chickens.
Constance Myers spoke in favor of the BZA ruling, and said that if the chickens are approved for Combs, it will be permitted across the city.
She also disputed Combs’ interpretation of the graphic and said that it speaks for itself.
She held up an anti-smoking symbol, which Myers said was universally understood to mean no smoking even without words.
“I appreciate his service. But I don’t feel that the standard should be relaxed,” she said. “I don’t agree that chickens should be permitted, and he’s got 18 of them.”
Following the council meeting, council members went into executive session to discuss the appeal.
A decision will come at a future meeting and will be noted on the agenda.
Credit: Jen Balduf
Credit: Jen Balduf
Credit: Jen Balduf
Credit: Jen Balduf
Timeline
April 18: Violation opened based on inquiry
May 9: Notice of violation
May 30: Appeal submitted to Board of Zoning Appeals
July 14: Public hearing
Aug. 11: BZA ruling upheld zoning administration’s interpretation.
Aug. 22: Appeal submitted to Kettering City Council
Sept 9: Public hearing
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