This is a zone change that will amend Sections 27-1508 and 27-1604 of the Billings, Montana City Code (BMCC) to align the County zone change procedures and enforcement with new state law amendments passed in 2009. The zoning code is a unified code for the city and the 4 ½-mile jurisdictional area outside the city limits in the county. In order to incorporate the changes that apply outside the city limits, the City Council must adopt an ordinance to effect the changes. In 2009, the Montana Legislature approved HB 486, to amend state law to clarify the criteria for zone changes. The changes require amendments to local ordinances to conform to the new requirements. The City Zoning Commission initiated this amendment on February 7, 2012 and the County Zoning Commission initiated this amendment on February 13, 2012. The Zoning Commission conducted 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 may be some financial impact to the Planning Division since additional public notification locations are required by the amendments. This is required by state law.

The state periodically updates it’s authority for municipal and county zoning. These provisions are the parameters under which all local zoning must be formed. These provisions set standards each jurisdiction must 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 amendments will bring the local zoning regulations in to alignment with new state law requirements for public notification of County zone changes, criteria for zoning decisions, and enforcement of zoning code violations outside the city limits.