This is a zone change that will amend Section 27-1704, of the Billings, Montana, City Code (BMCC) to eliminate reference to specific fees for zoning application. Zoning application fees are set by resolution of the City Council and the Board of County Commissioners. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on March 6, 2012, and is forwarding a recommendation of approval on a 4-0 vote.

The City Council may:
1. Approve the zone change
2. Deny the zone change
3. Allow withdrawal of the zone change
4. Delay action for up to thirty (30) days

There should be no financial impact tot he City from the proposed zone change.

The current code was amended in 2003 to update application fees. Since 2003, it has been determined that fees can and should be set through resolution by the governing bodies rather than through an ordinance amendment.

The proposed amendment would leave the language referring to setting fees but would remove the actual fees from the ordinance. The City Council and Board of County Commissioners update fees on a regular basis usually every 2 years. A proposed update of fees will be brought forward for consideration during the FY2013 Budget process based on the cost to process various zoning applications.

The Zoning Commission conducted a public hearing on March 6, 2012 and received no public testimony. The Planning Staff explained the proposed amendments. The Zoning Commission is forwarding a recommendation of approval on a 4-0 vote.  

Prior to any action to approve or disapprove, the City Council will consider the recommendation of the Zoning Commission and the testimony at the public hearing. The references to fees is an artifact of the prior code and the City and County have since set fees for applications by resolution.