Staff recommends the City Council hold a public hearing and approve first reading of the ordinance amending Billings, Montana City Code (BMCC), Article 22-1000, Arterial Construction Fees.

BMCC, Article 22-1000 establishes the methodology for charging the arterial construction fee.  City Council adopted new zoning code on January 25, 2021, which overhauled the previous zoning code.  As part of this change in zoning codes, new zoning classifications were established and many previous zoning classifications were eliminated.  Thus, changes are required to bring BMCC, Article 22-1000, Arterial Construction Fee in line with the newly adopted zoning code.  Proposed changes to BMCC, Article 22-1000 include the following:

• Revise the zoning classifications in which properties are capped at 9,600 square feet from the previous zoning classifications to the comparable new zoning classifications,
• Update the zoning classifications in which property owners can apply for an arterial fee exemption.  The exemption allows properties that are in commercial and mixed use zones that are being occupied as single family residences to be charged at the residential rate and capping the square footage at 9,600 square feet.

Additionally, amendments are proposed to delete obsolete language in BMCC, Article 22-1000, as well as minor amendments to the verbiage.  

City Council may:

• Approve the amendment to Article 22-1000, BMCC, Arterial Construction Fees or,
• Not approve the amendment.  If not approved, arterial construction fees will not be able to be calculated using the new zoning from Re-Code.

There is no financial impact to the City as a result of passing this amendment.