This is a zone change that will amend one section of the Billings, Montana, City Code (BMCC) regarding required setbacks for recreational vehicles (RV) parked or stored in driveways in residential zoning districts. The current code requires recreational vehicles to meet the same setbacks as an accessory structure of 20 feet from the front property line and 3 feet from the side property line. The proposed amendment would reduce the front setback from 20 feet to 8 feet and keep the same 3 foot setback to the side or rear property line. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on May 1, 2012, and is forwarding a recommendation of approval on a 4-0 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. If the amendment is passed, the Code Enforcement Division may be able to re-allocate staff resources to other types of complaints that have greater impact on public health and safety.

The Code Enforcement Division handles complaints on RV setbacks and these have been steadily increasing in the past 4 years. In 2008, there were 426 RV complaints for the entire year and in 2011 we received 715 complaints. Many of these complaints are regarding RVs parked on the street because many residential driveways are not deep enough to accommodate the required 20-foot setback to the property line. The Division averages about 3 to 4 complaints every work day. RVs may be parked on the street if they remain attached to the towing vehicle or if they are self-powered and moved every 5 days. In order to accommodate the increasing demand to park RVs for some period of time in residential zones, the Planning Division is recommending Section 27-601(a) be amended to allow an 8-foot front setback for RVs in residential zones.

The current code will still require an RV to be parked or stored in a back yard if there is access to the back yard. An 8-foot front setback will allow many RV owners to park off the street and the reduced setback will not affect public health or safety. There will be enough open area of the driveway to allow safe vehicle maneuvers into and out of the driveway. This amendment will not negate any current or future private subdivision covenants and restrictions. The city does not enforce these private covenants and restrictions.

The Zoning Commission conducted a public hearing on May 1, 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 4-0 vote.

The proposed amendment will provide residential property owners with the option of parking RVs and trailers off-street in driveways. This will improve traffic safety, reduce congestion and reduce neighborhood conflicts over on-street parking spaces.