|
Item 2.
|
| City Council Work Session | |
| Date: | 01/21/2025 |
| Title: | 2025 Housekeeping Amendments to Zoning - Initiated by Zoning Commission on Dec 3, 2024 |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
The planning staff recommends the City Council review the draft amendments and suggest any changes at this time. The amendments will be legally advertised for public hearings in March 2025.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
In 2021, the City Council approved a major overhaul of the zoning code. The Planning staff has been working to correct errors within the code and to keep track of changes in Montana laws, as well as best practices for land use regulations. Several items need correction and updating. In addition, the Zoning Commission has discussed an amendment to the CMU1 zone district to allow some vehicle related uses by special review approval. The Planning staff has drafted a zoning code amendment to make these corrections and to consider two substantive amendments to the code.
This group of amendments includes the following:
The Zoning Commission reviewed the draft on December 3, 2024, and initiated the code amendment. Initiation of the amendment does not indicate either approval or denial of the proposed amendment by either the City Council or the Zoning Commission. Initiation of the amendment allows planning staff to engage the public process with outreach to stakeholders, publication of legal advertisements and other public notice procedures for the amendment. Planning staff has sent the proposed amendment to interested stakeholders and posted the draft on the Current Zoning Applications web page.
This group of amendments includes the following:
- Correction of errors in district descriptions
- Adding language to allow height exceptions for unoccupied structures such as flag poles and chimneys
- Eliminating the reference to a "type" of manufactured home
- Correcting table and code cross-reference errors
- Eliminating the block and street requirements from the PND process (now in Subdivision regulations)
- Allow car sales lots in CMU1 by Special Review approval
- Expanding the list of intended recreation uses in P1 zones
- Allowing the conversion of a shipping container to a building and zoning code compliant structure for uses permitted within a zone district
- Correcting violation language on misdemeanor
The Zoning Commission reviewed the draft on December 3, 2024, and initiated the code amendment. Initiation of the amendment does not indicate either approval or denial of the proposed amendment by either the City Council or the Zoning Commission. Initiation of the amendment allows planning staff to engage the public process with outreach to stakeholders, publication of legal advertisements and other public notice procedures for the amendment. Planning staff has sent the proposed amendment to interested stakeholders and posted the draft on the Current Zoning Applications web page.
STAKEHOLDERS
Planning staff has reached out to all stakeholders including home builders and Realtors as well as the Neighborhood Task Forces to engage them in a discussion about the proposed amendments. No concerns have been raised as of early January 2025.
ALTERNATIVES
There is no decision required by the City Council at this time. The Planning staff is requesting the City Council review and raise any questions or suggestions before the public hearings are scheduled for March.
FISCAL EFFECTS
There may be an effect on the Planning Division budget if the amendment is adopted. The Planning Division may pay for the incorporation of the amendment into the official City Code, as administered by Municode, the city's official codification company. However, any changes to City Code affect the entire community and so costs to update the City Code administered by Municode should be funded by the City's General Fund.