This is a zone change that will amend Section 27-306 of the Billings, Montana, City Code (BMCC) to allow Dog Grooming in Neighborhood Commercial (NC) zoning districts. In 1997, when the City and County unified the zoning regulations, dog grooming was designated as an allowed use in only 4 zoning districts – Community Commercial (CC), Highway Commercial (HC), Controlled Industrial (CI) and Heavy Industrial (HI). Prior to 1997, the City Zoning Regulations did not allow dog grooming or other Animal Services (SIC 075) in the CC zone. The Zoning Commission conducted a public hearing on January 6, 2015, and is forwarding a recommendation of approval on a 5-0 vote.

City Council may:

• Approve the zone change as recommended by the Zoning Commission;
• Deny the zone change; or
• Withdraw the zone change; or
• Delay action on the zone change for up to 30 days.

The amendment to change and increase the allowable uses in NC zones will increase the marketability of existing or new NC zoned property. This may increase the property value of the 300+ NC zoned properties within the city limits.

Ed Jorden and Gerry Neumann, are partners in a new development project currently under construction on the northeast corner of 32^nd Street West and Central Avenue. The property is zoned NC. Several years ago, the City Council changed the zoning of this land from Residential 9,600 (R-96) to Neighborhood Commercial (NC) to facilitate the redevelopment and infill of this corner property. Mr. Neumann did not chose the CC zoning for the property because of the directly adjacent residential neighborhood and the possibility of high intensity uses allowed in the CC zone, such as bars, casinos, warehousing and other high traffic uses. Mr. Jorden currently has a veterinary clinic located on Shiloh Road. Part of his business is provision of dog grooming services. Mr. Jorden would like to re-locate the dog grooming services to this new location. Mr. Jorden and Mr. Neumann were not aware of the prohibition on dog grooming in the NC zone. Mr. Jorden was advised the issue could be resolved by either changing the zoning of the property from NC to CC or requesting an amendment to the text of Zoning Regulations to allow this use in the NC zone. On November 24, 2014, the City Council voted to initiate the amendment to the zoning regulations.
 
The Planning Division considered the amendment and attached one criteria for this use within the NC zoning districts. The criteria is meant to prevent potential impacts to surrounding residences. The criteria prohibits any outdoor kennels or exercise areas associated with dog grooming in NC zoning districts.

The Zoning Commission conducted a public hearing on January 6, 2015, and received the staff recommendation and testimony from Mr. Jorden. No other testimony was received. The Zoning Commission is forwarding a recommendation of approval on a 5-0 vote.

The Zoning Commission recommends approval based on the Planning staff recommendation and the testimony received at the public hearing. The code discrepancy that allows a veterinary clinic by special review in the NC zone but prohibits all dog grooming is likely a drafting oversight and overly restrictive for this zone. The members recognize the business operation with the proposed restrictions on outdoor kennels or exercise areas, will be a positive addition in many neighborhoods.