This is a zone change that will amend Section 27-1502 of the Billings, Montana City Code (BMCC) to align the local zone change procedures with new state law amendments passed in 2009 and 2011. In 2009, the Montana Legislature approved HB 486, to amend state law to clarify the criteria for zone changes. In 2011, the Montana Legislature approved  HB 181, to amend state law to allow zone change protests by condominium or townhome owners. Both of the changes require amendments to local zoning codes.  The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission held a public hearing on April 3, 2012, and is forwarding a recommendation of approval on a 3-0 vote.

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

There should be no financial impact from the proposed amendment.

The state periodically updates authority for municipal and county zoning. These provisions are the parameters under which all local zoning must be formed. These provisions set standards for each jurisdiction to follow when changing zoning districts and the minimum notification requirements for those changes. The proposed amendment will bring local codes into conformance with state law.

The Zoning Commission conducted a public hearing on April 3, 2012, and received the staff report and recommendation of approval. There was no other testimony. The Zoning Commission is forwarding a recommendation of approval on a 3-0 vote.

The proposed amendment will align the local zone change criteria with the criteria as amended by the Montana legislature in 2009 and 2011 for all municipal zoning jurisdictions. Consistency with state law is the foundation of defensible and reasonable zoning decisions by the governing body.