This is a zone change that will amend two sections of the Billings, Montana, City Code (BMCC) regarding clear vision areas at alleys and driveways in residential and commercial zoning districts. The current requirement dictates a minimum 5-foot clear zone across lots and the clear zone is variable based on the street type – arterial, collector or local. For a local street, the 5-foot clear zone extends 70 feet along the property frontage. On a collector street, this zone extends 90 feet, and along an arterial street, it extends 110 feet. Many residential properties are not even 70 feet wide, so these 5-foot “tails” preclude any fencing or landscaping over 30 inches tall for the entire frontage at a 5-foot depth from the sidewalk. At alley intersections, the same standards apply and this typically affects corner lots in older residential neighborhoods. New fences have been problematic due to established landscaping and underground sprinklers in yards.

The current regulations were adopted in 2009 along with a number of other amendments to the clear vision requirements to try and better address varying street and speed situations around the City. Overall, the requirements have worked well in the past three years. This one area has been particularly problematic for residential property owners as they improve their properties. 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 conducted a public hearing on May 29, 2012, and approved the zone change on first reading.

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 Zoning Commission recommends approval of Zone Change #895 on a 4-0 vote.