The County Zoning Commission has concluded a series of five public hearings reviewing the Zoning Code Amendments and Map Update through Project Re:Code, a three-year collaborative effort initiated by the Yellowstone County Board of Planning in June 2017. The mission of the initiative by the Board was to ensure the zoning regulations for the City and County were updated to help implement the Growth Policies and community goals. The current regulations were first adopted in the County in 1973 and have not been thoroughly updated since adoption. 

This final public hearing is to review the amendments and map update and to make a formal recommendation on these changes to the Board of County Commissioners for their consideration. The Board of County Commissioners is scheduled to hold a public hearing on the amendments and map update on November 10, 2020.

Planning staff recommends approval of the proposed Zoning Code Amendment and Map Update based on the findings of the 11 criteria for zone changes.

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The current zoning regulations for the County were adopted on November 6, 1973, and unified with the City zoning regulations in December 1997. Since 1973, the County has amended the text of the regulations and added several zoning districts. The County has amended the 1973 zoning code 40 times in the past 47 years since its adoption. Of those 40 amendments, only a few were major changes, including the addition of the entryway and interchange zone districts in 1992. The County sign code was not part of the unification of the city and county codes in 1997 and was a separate code section until 2017. In 2017, in anticipation of a comprehensive code update, the City and County agreed to formally separate the zoning codes to aid in the process of the comprehensive update known as Project Re:Code.

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In 2016, after Billings adopted a new growth policy, the City/County Planning Board realized the existing zoning regulations, intended to implement the new Billings Growth Policy and the existing 2008 Yellowstone County Growth Policies, were no longer effective tools for advancing community growth goals. The existing code was primarily based on a set of growth goals adopted before 1970 with some new code sections added to try and achieve smaller area goals. The Planning Board initiated this major code update in June 2017 and appointed an ad hoc Steering Committee to help guide the process of the code update. The City Council and Board of County Commissioners were in complete agreement with the need for a major code update.

The Steering Committee met monthly from August 2017 until December 2017. In December 2017, the Steering Committee finalized a set of Guiding Principles for the code update and appointed four Working Groups to handle the intensive, hands-on work of updating the code. Those groups included some Steering Committee members as well as interested residents. The four groups consisted of the County Issues Working Group, the Urban Issues Working Group, Sign Code Working Group and Landscaping Code Working Group. The groups met monthly from January 2018 until January of 2020 to review, draft, and accept public comment on the draft code sections. The City and County also agreed to fund the services of a consultant team to help the Steering Committee and Working Groups evaluate the code deficiencies, analyze the character of Billings and County neighborhoods, and help draft a new set of regulations.

The consultant team was hired in April 2018 and consists of Elizabeth Garvin, of Community ReCode (CO), Leslie Olberholtzer of Codametrics (IL) and Randy Hafer of High Plains Architects (MT). This team met with each Working Group through the project development and helped the local residents create a code that is uniquely crafted for our local community goals. Best practices were brought to the table from around the Rocky Mountain region as well as similar communities throughout the country. A Code Assessment was presented to the community in October 2018 that helped the Steering Committee and Working Groups create a path forward to building the new code.

On August 26, 2020, the County Zoning Commission held a first public hearing to review the proposed new rural residential and agricultural districts. The current code allows all the residential zone districts of both urban and rural development densities. This has created a challenging environment for the County to deliver services to areas outside the city limits with "city-level" services. The proposed code limits most of the County's zoning jurisdiction to four rural residential zones and one agricultural zone district. Lot area requirements for the rural residential zones range from 15,000 square feet up to almost 10 acres. Lots of at least 10 acres or more and currently zoned Agriculture were updated to the new Agriculture zone district. The higher density residential zones will only be allowed where a county water and sewer district exists or where the county water and sewer district can expand. 

On August 27, 2020, the Commission held its second hearing on the zoning amendments and reviewed the new Commercial, Public, Industrial zone districts and the proposed new Planned Neighborhood Development (PND) requirement for new urban level neighborhoods in a county water and sewer district (Lockwood). The current code has ten commercial/industrial zones and the proposed code consolidates these ten into four new zone districts ranging from general commercial uses to heavy industrial uses. The mixed use zone districts requiring public water and sewer services may still be allowed within a county water and sewer district but these are subject to approval through the proposed Planned Neighborhood Development process. The single Public zone district is expanded to three zone districts to add more predictability to the zone. The three Public zones will be for open space and recreations (P1), schools, churches and institutions (P2) and for campus developments for education, medical or institutional uses (P3). The PND process will be used for new developments over three acres in county water and sewer district areas - Lockwood is the only district existing now. This will provide the community a tool for better integration of new neighborhoods with existing neighborhoods.

On September 15, 2020, the Commission met in a joint session with the City Zoning Commission to review the new Landscaping and Off-Street Parking requirements. The codes are similar for the city and county. The County Commissioners adopted the new Landscaping regulations in May 2019, but the update will re-codify this section as part of the amendments. The off-street parking requirements are also refined to better reflect current understanding of parking demand for different land uses.

On September 16, 2020, the Commission was scheduled to meet in joint session with the City Zoning Commission to discuss the new Sign regulations and Nonconformities. Due to a lack of quorum, the meeting was postponed until September 22, 2020. The new Sign regulations provide better context for the type of signs allowed for a range of uses. The sign codes are consolidated so the user no longer needs to consult several code section to understand the sign code that applies. The new sign code allows some existing non-conforming signs to continue with two categories of nonconformity - major and minor. The new section on Nonconformity is similar to the existing zoning code section.

On September 24, 2020, the Commission met in a final session to review the Zoning Map update and the Administrative Procedures section. The updated map places existing parcels into the new zone district that correlates most closely with the existing zone district and with the existing or intended uses for the property. The Administrative Procedures section provides more process illustration and combine all procedures into one code section. All processes from internal staff review of compliance permits to zone changes and variances are all contained in this new code section.

In all five sessions, the County Zoning Commission conducted a combined in-person/virtual and live broadcast meeting. The public could attend in-person, call in to the hearing or join and make comments via the Zoom meeting. Comments were received from Blain Poppler with a concern about the off-street parking section and the requirement to place most new parking lots to the side or the rear of new commercial developments. The proposed Mixed-Use zone district (available only in Lockwood) do require this site development requirement so the business neighborhood can offer a more walkable environment. When parking is developed to the side of a building, the structure can be located at the street front, which adds visibility for people traveling by car or on foot. Framing the public street with buildings - rather than parking - contributes to lower traffic speeds and enhances the visibility of signs. Some cities that have adopted similar parking rules have allowed "limited front yard parking" (see attachments). This allows the development of a short section of a frontage road with some parking along the front of the buildings with safe access to the side and rear yard parking. This would allow some parking along the front of a building. The Working Groups considered this proposal but agreed the new code would better allow for change over time on the existing commercial corridors. 

Prior to any recommendation to the County Commissioners, the Zoning Commission shall consider the following:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed Zoning Amendments and Map Updates are consistent with the following goals of the 2008 County Growth Policy and the 2016 Lockwood Growth Policy :

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
• New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County townsites
• Affordable housing for all income levels dispersed throughout the City and County.
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
• Contiguous development focused in and around existing population centers separated by open space
• More housing and business choices within each neighborhood
• Attractive and accessible communities
• Preserve neighborhood character and quality of life
• Visually appealing communities
• An inviting and attractive urban interstate corridor through the County
• Protection of groundwater, surface water, riparian areas, air quality, and productive agricultural land
• Predictable and timely development review procedures
• Neighborhoods and communities prepared to react to natural disasters and other emergencies
• Accessible, affordable and nutritious food for everyone
• Healthy, safe neighborhoods and communities with sense of pride
• Active, safe neighborhoods with a high quality of life
• Adequate affordable housing and living wage options for all citizens

Lockwood Growth Policy:

• Lockwood is a community that will evolve with a Main Street?style Town Center surrounded by a range of housing options that support and sustain, both fiscally and socially, the community investments in schools, public water and sewer, transportation, recreation, and public safety while  providing economic opportunities in general commercial and light and heavy industry businesses in areas shown on the preferred land use map
• The existing zoning of R-15,000 may be changed to higher densities of 7 - 10 dwelling units per acre
• The existing zoning of R-9,600 may be changed to higher densities of 4 - 6 dwelling units per acre
• A mixed-use zoning district may be applied to properties within the area designated as the Town Center
• Consider constructing private and public improvements to higher design standards in the more densely developed area
• Take into account pedestrian safety when designing private and public infrastructure
• Industrial development may be located along existing and proposed transportation corridors north of the interstate
• A Targeted Economic Development District (TEDD) may be used to foster secondary, value adding economic development. Properties within the general area of the TEDD may be initially zoned as agriculture with the intent to rezone to an industrial zoning district when and if the TEDD is implemented
• Commercial retail and services may be considered appropriate in areas designated for industrial land uses along principal and minor arterials in addition to areas designated for commercial land uses
• Consider connectivity and convenient access for all users when designing future road network

The proposed zoning code amendments are consistent with these County Growth Policy goals. The new code is clearly oriented to suburban and rural development patterns. There is emphasis on allowing denser urban patterns to emerge in Lockwood based on the infrastructure available and the local services. The County's rural pattern of development will continue with improved regulations that recognize the agricultural pursuits of both home owners as well as farmers and ranchers. The single Agriculture zone district will help sustain this economic driver in Yellowstone County. The new code provides more predictability for administrative processes and allows Lockwood to achieve its growth goals.
 
2.   Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations in most of the new zone districts. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The new zoning will allow rural development patterns in most of the County's zoning jurisdiction. The rural development pattern has additional setback and building restrictions that can prevent the spread of fire from structure to structure.
 
3.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:            The proposed zoning code update should improve the County's ability to maintain sufficient transportation infrastructure while allow rural development to continue. Unpredictable development patterns that include urban densities in rural areas creates a strain on transportation infrastructure.  
Water and Sewer:        The county does not provide water or sewer services throughout the County zoned area. Lockwood does have a water and sewer district and this area will be allowed to have denser residential development and some mixed use commercial districts. Outside of the Lockwood water and sewer district, the rural development pattern will continue. The proposed zoning code considers more intensive districts to be allowable where the Lockwood Water and Sewer District is present.
Schools and Parks:      Schools and parks should not be affected by the proposed zoning. Parks will now have a specific zone designation that will be separate from other public uses such as schools, fire stations, county buildings and similar. Schools, churches and other small institutions will have the zone designation of P2 and then the large campus developments such as Metra Park will have the P3 designation.
Fire and Police:           Fire and other public safety services should be improved with the new zoning updates. Currently, many urban density zone districts are allowed out in the county. These higher density areas can and have overwhelmed existing county services for public safety. The new code will not all these denser zones except in areas that are more easily served by existing public safety resources.
 
4.   Whether the new zoning will promote public health, public safety and general welfare?
Public health, public safety and the general welfare will be promoted by the proposed zoning code update. Public health will be improved by removing urban density zones from use outside of areas with public water and sewer services. Rural residential development can continue and will provide water and waste water on site at the more appropriate densities allowed in the N4, RR1, RR3 and R-RMH zone districts. Public safety will be improved by ensuring the county can keep up with infrastructure needs and resources as the county continues to grow. The general welfare will be promoted by making the code more understandable, easier to implement and with rural-specific provisions incorporated throughout.
 
5.   Will the new zoning provide adequate light and air?
The proposed zoning, as does the current zoning, provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
 
6.   Will the new zoning effect motorized and non-motorized transportation?
The new zoning has updated off-street parking requirements that better reflect the parking demand for land uses. This will allow businesses to supply the right amount of parking and for neighborhoods to be assured off street parking is adequate for new developments. The new code supports the efforts of the Lockwood community by allowing some denser urban zone districts and mixed use districts where the walkability of neighborhoods and business districts is essential. Non-motorized travel should also be improved with the new standards for zone districts that require street front landscaping for all new development (except agriculture).
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The City and County will have separate zoning codes but the new code requires the use of a Planned Neighborhood Development (PND) process to ensure compatibility between the city and the county.
 
8.   Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This criteria is not necessarily applicable other than the Zoning Map Update will place each zoned parcel into a new zone district that correlates to the existing zoning of the property and the existing or intended uses of the property. For example, a manufacture home park in a single family zone district would update to Residential Manufactured Home.
 
9.   Will the new zoning conserve the value of buildings?
In general, the new zoning code should conserve the value of buildings throughout the County. The Zoning Map update seeks to ensure that current development and zoning is preserved and not placed in a nonconforming status whenever possible.
 
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The zoning map update will encourage the most appropriate use of land in Yellowstone County.
 
11. Will the new zoning be as compatible as possible with the adjacent zoning in the City?
The county zoning jurisdictional area was originally extended approximately 4.5 miles of the city limits in 1973. Since that time, the city limits have expanded but the jurisdictional boundary for county zoning has not expanded. There are areas where active agricultural uses are directly adjacent to newer city neighborhoods and commercial developments. It is not always possible to create compatibility in these areas particularly since annexation is most often accomplished by petition of the property owner. The proposed new PND process should help ease these conflicts and create more compatibility in the future. 
 

Staff recommends the County Zoning Commission forward a recommendation of approval to the County Commissioners along with the findings of the 11 review criteria for the Zoning Code Amendments and Zoning Map Update.