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a.
County Zoning Commission Cancellation Notice
Meeting Date:
01/13/2025
SUBJECT
Discussion of County Zoning Code amendments - housekeeping, corrections and amendments
THROUGH:
Nicole Cromwell
PRESENTED BY:
Nicole Cromwell

Information

REQUEST

DELAYED.  The Planning staff is preparing draft amendments to the Yellowstone County Zoning Code that will correct errors, cross-references and generally make housekeeping amendments to the code. The code was adopted in late 2020 and is in need of a cleanup. In addition, the County Board of Adjustment and the County Zoning Commission have suggested several amendments over the last four (4) years to improve the code and align it with county growth policy goals. The Planning staff requests the County Zoning Commission review the drafts for amendments to Section 27-300 through 27-1400 and give staff feedback on the proposed amendments. Drafts that are acceptable may be formally initiated by the Commission and will begin the public process for hearings and adoption. Revisions may also be suggested before formal initiation and those will be brought back to the Commission at a future meeting.

RECOMMENDATION

The Planning staff recommends the Commission review the drafts and initiate any or all of the proposed amendments. Initiation of an amendment is not an endorsement of the proposal but allows the proposal to move through the public hearing process.
The proposed amendments are as follows:
  1. Residential zones - Section 27-300
  2. Commercial and Mixed Use zones - Section 27-400
  3. Public zones - Section 27-500
  4. Industrial zones - Section 27-600
  5. Planned Neighborhood Development process standards - Section 27-800
  6. Use Table and Use Standards - Section 27-1000
  7. Proportionate Compliance standards - Section 27-1100
  8. Landscaping standards - Section 27-1200
  9. Off-street parking - Section 27-1300
  10. Sign Code - Section 27-1400

APPLICATION DATA

Not applicable.

CONCURRENT APPLICATIONS

Not applicable.

APPLICABLE ZONING HISTORY

The current Yellowstone County Zoning Code was adopted by the County Commissioners in November 2020 with an effective date of December 15, 2020. Since that time, only one amendment has been made to clarify the zoning for marijuana businesses.

SURROUNDING LAND USE & ZONING

Not applicable.

BACKGROUND

Since the adoption of the Yellowstone County Zoning Code in late 2020, Planning staff have been collecting and monitoring the implementation of this completely revised zoning. The new code was the culmination of a three-year process - Project ReCode - that included a separation of the unified code into two separate zoning codes - one for the city and one for the county. The County code housekeeping was delayed due to an emergent issue with marijuana business land use standards and regulations that happened in late 2021. The adoption of interim zoning in 2021 resulted in significant time invested in studying the issue and its real and anticipated impact on the zoned areas of Yellowstone County. In late 2023, the County Commissioners adopted the final set of zoning regulations and these are in effect in the zoning jurisdiction.

While most of the proposed changes are corrections of errors, or cross-references, some are changes to the code that are substantial, including a change to the Rural Residential zone districts to allow more than one principal dwelling on an undivided lot depending on lot area, allowing billboard signs to use LED technology displays (on a motion of the County BOA), and changes to the sign code to align with city initiated sign code changes. The Planning staff believes these substantive changes will ease some pain points of the new code and keep the codes effective and efficient. Not every change or amendment adopted by the city over the last three years is applicable or appropriate for the County's zoning code.
 

RECOMMENDATION

Staff recommends the Zoning Commission review the drafts and initiate those amendments that are acceptable. The Zoning Commission may also suggest changes or revisions to the drafts and those can return at a later date for a second review. In addition, amendments to Section 27-1500 through 27-1800 are still pending and will be presented to the Commission at a future meeting.

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