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, on 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, will 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.

On February 27, 2012, the City Council heard this item as a first reading of the Ordinance and conducted a public hearing. During the public hearing, two members of the audience spoke about concerns of not being notified about this amendment to the zoning code. Planning staff sent notifications to all property owners within the two National Register Historic Districts. Those two districts are the Billings Townsite (Montana Avenue) and the Old Town (Minnesota Avenue) Districts. There are fifteen individually listed National Register properties within the City of Billings and staff was directed by City Council to contact those property owners to discuss the Ordinance amendments.  City Council voted to delay action on the Ordinance until the March 26, 2012 council meeting.

Staff sent a notice to all individually listed National Register property owners and invited them to a public meeting for review and discussion of the proposed amendments to the Historic Preservation Ordinance. This meeting was held on March 13, 2012. Eleven residents participated in the meeting and two areas of concern were discussed.
1. The first concern by the participants was the language in Section 27-505(5) of the Ordinance that allowed the City to automatically list individual commercial National Register buildings to the Billings Local Register. Once listed to the local register, any exterior renovation to that building would require review by the YHPB prior to approval of a building permit. This concerned property owners due to the potential time delay and cost associated with this review. Therefore, after discussion, it was proposed to amend Section 27-505(5) to allow the owners of record of individually listed commercial National Register buildings to petition to the City Council to be listed to the Billings Local Register.

2. The second concern was over Section 27-516(3)(b) of the Ordinance that allowed the YHPB to delay demolition of any property subject to review by this Ordinance for up to one (1) year. This delay was desired by the board to provide alternatives to demolition for historic properties subject to this Ordinance. If demolition is the only alternative this time frame would also allow sufficient time to record the property through photographs and building history prior to its demolition. This time frame concerned property owners again for the potential time delay and cost associated with this requirement. After discussion, it was proposed to amend this section to reduce the one (1) year review time frame to a six (6) month time frame.

These two items were the only items of concern in the Ordinance and after the proposed language changes; all residents in attendance supported the Ordinance. Staff edited the Ordinance to reflect the changes and it was forwarded to City Legal for review and those residents in attendance for final review. City Legal has reviewed the Ordinance language edits and has approved the edits. 
 

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 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, standards for surveys and research, National Register guidelines, designation of historic districts, advisory role of the Historic Preservation Board in review of building and demolition permits within designated historic districts and 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 has 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. 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, 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 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.

On February 27, 2012, the City Council heard this item as a first reading of the Ordinance and conducted a public hearing. During the public hearing, two members of the audience spoke about concerns of not being notified about this amendment to the zoning code. Planning staff sent notifications to all property owners within the two National Register Historic Districts. Those two districts are the Billings Townsite (Montana Avenue) and the Old Town (Minnesota Avenue) Districts. There are fifteen individually listed National Register properties within the City of Billings and staff was directed by City Council to contact those property owners to discuss the Ordinance amendments. City Council voted to delay action on the Ordinance until the March 26, 2012 council meeting.

Staff sent a notice to all individually listed National Register property owners and invited them to a public meeting for review and discussion of the proposed amendments to the Historic Preservation Ordinance. This meeting was held on March 13, 2012. Eleven residents participated in the meeting and two areas of concern were discussed.
1. The first concern by the participants was the language in Section 27-505(5) of the Ordinance that allowed the City to automatically list individual commercially listed National Register buildings to the Billings Local Register. Once listed to the local register, any exterior renovation to that building would require review by the YHPB prior to approval of a building permit. This concerned property owners due to the potential time delay and cost associated with this review. Therefore, after discussion, it was proposed to amend Section 27-505(5) to allow the owners of record of individually listed commercial National Register buildings to petition to the City Council to be listed to the Billings Local Register.

2. The second concern was over Section 27-516(3)(b) of the Ordinance that allowed the YHPB to delay demolition of any property subject to review by this Ordinance for up to one (1) year. This delay was desired by the board to provide alternatives to demolition for historic properties subject to this Ordinance. If demolition is the only alternative this time frame would also allow sufficient time to record the property through photographs and building history prior to its demolition. This time frame concerned property owners again for the potential time delay and cost associated with this requirement. After discussion, it was proposed to amend this section to reduce the one (1) year review time frame to a six (6) month time frame.

These two items were the only items of concern in the Ordinance and after the proposed language changes; all residents in attendance supported the Ordinance. Staff edited the Ordinance to reflect the changes and it was forwarded to City Legal for review and those residents in attendance for final review. City Legal has reviewed the Ordinance language edits and has approved the edits.

The 2008 Growth Policy encourages the promotion of the community’s history and cultural heritage and to capitalize on Billings’ cultural assets to attract and recruit businesses. In addition, the Growth Policy states the 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 and assures local review prior to demolition of any structure in the local historic districts to help maintain historic integrity of the historic district.