This is a zone change that will revise and update the existing regulations in Section 27-500 of the Billings, Montana City Code (BMCC). The City Zoning Commission initiated the amendment in January 2009, at a request by the Yellowstone Historic Preservation Board (YHPB). The proposed regulations will amend the language of the existing code to update terms, allow local designation of historic properties or districts, require a Certificate of Appropriateness for exterior remodeling of properties on the local or National Register, and allow penalties for unauthorized demolition of properties within recognized historic districts. The proposed regulations have been drafted and reviewed by the YHPB and the City Attorney. The Zoning Commission conducted a public hearing on February 7, 2012, and is forwarding a recommendation of approval on 3-0 vote.

The City Council may:
1. Approve the zoning text amendment
2. Deny the zoning text amendment
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

There should be no fiscal impact to the City from adoption of this amendment to the city zoning regulations.

The existing Historic Preservation Code (27-500) sets definitions related to historic preservation, outlines the requirements and duties of the YHPB and Historic Preservation Officer, provides the standards for surveys and research, includes the National Register guidelines, addreses the designation of historic districts, outlines the advisory role of the Historic Preservation Board in review of building and demolition permits within designated historic districts and provides appeals to the City Council. Over the past few years, the YHPB has been reviewing the current Ordinance and working to update the definitions, guidelines for review of building permits, penalties for demolition, and to add the newly formed Old Town Historic District to the local register.

The YHPB and staff have worked to develop specific amendments to the existing code that will clarify definitions and assist property owners with historic properties in the locally designated historic districts with procedures in rehabilitating structures. Procedures for addressing demolition of structures within locally designated historic districts were also included.

The Zoning Commission conducted a public hearing on February 7, 2012, and received a presentation from Planning staff. Two members of the audience spoke in favor of the proposed text amendment. Maisie Sulser, an architect with a local architectural firm and a former member of the YHPB, spoke in favor of the Ordinance as something that the YHPB has been working on for several years. She said the update to the Ordinance assures local review of properties within the local districts and protects the historical integrity of the buildings.

Randy Hafer, owner of High Plains Architects, also spoke in favor of the Ordinance update. He spoke on the importance of having the Ordinance for the protection of properties in the local district with the ability to slow down the demolition process by allowing local review and identifying potential re-use of historic properties. The property owners in the local districts are aware of the importance of the Ordinance in the protection of their investment in the rehabilitation of historic properties. No other persons spoke in favor or in opposition to the text amendment.

The 2008 Growth Policy encourages the promotion of the community’s historic and cultural heritage and to capitalize on Billings’ cultural assets to attract and recruit businesses. In addition, the Growth Policy states as an objective to preserve historic and cultural landmarks such as the downtown.

The amendment to the Historic Preservation Code will provide property owners procedures for the rehabilitation of properties within the locally designated historic districts and assures local review prior to demolition of any structure in the local historic districts to help maintain historic integrity of the districts.