This is a zone change that will amend two sections of the Billings, Montana, City Code (BMCC) regarding clear vision areas at alleys and driveways in residential and commercial zoning districts. The current requirement dictates a minimum 5-foot clear zone across lots and the clear zone is variable based on the street type – arterial, collector or local. For a local street, the 5-foot clear zone extends 70 feet along the property frontage. On a collector street, this zone extends 90 feet, and along an arterial street, it extends 110 feet. Many residential properties are not even 70 feet wide, so these 5-foot “tails” preclude any fencing or landscaping over 30 inches tall for the entire frontage at a 5-foot depth from the sidewalk. At alley intersections, the same standards apply and this typically affects corner lots in older residential neighborhoods. New fences have been problematic due to established landscaping and underground sprinklers in yards. The current regulations were adopted in 2009 along with a number of other amendments to the clear vision requirements to try and better address varying street and speed situations around the City. Overall, the requirements have worked well in the past three years. This one area has been particularly problematic for residential property owners as they try and improve their properties. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on May 1, 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 from the proposed amendment.

The Planning Division does recognize the engineering and traffic safety principals behind the 5-foot “tails”. A great deal of research and review by the City Engineering Division was completed when these requirements were first adopted in 2009. Since then, accommodation of the 5-foot “tails” in fence building has caused significant confusion for property owners, and fence company employees, and also creates an area that is difficult to maintain and could be prone to weeds.

It appears that the clear vision areas without the 5-foot “tails” still provide adequate pedestrian and traffic safety at driveway and alley intersections with streets. The City Traffic Engineer has expressed concerns with these proposed amendments and proposed changes to the draft amendment at the Zoning Commission public hearing. The Zoning Commission incorporated those changes and is forwarding the revised text amendment to the City Council for approval. 

The intersection of driveways and alleys are typically where pedestrians and vehicles first have potential for conflict. In addition, drivers need to have a view down the sidewalk to any on-coming traffic before entering the street. It is unclear that a five foot clear zone down the entire front of the property  significantly enhances visibility of vehicle traffic. It may enhance  safety for pedestrians that are running or jogging on the sidewalk or people riding bicycles on the sidewalk. However, the clear vision area triangle appears to provide this same level of safety without creating confusion for property owners and potentially adding to the challenges of managing landscaping.

The Planning Division has reviewed literature and scanned several city and town codes for clear vision requirements. No other city or town in Montana has adopted a 5-foot clear zone for driveways and alleys in residential or commercial districts. The American Association of State Highway and Transportation Officials (AASHTO) guidelines for clear vision do not include a 5-foot clear zone behind a sidewalk or property line for driveways and alleys. There is no apparent improvement to safe vehicle operations or pedestrian safety from this additional setback.

The Zoning Commission conducted a public hearing on May 1, 2012, and received the Planning recommendation and report. City Traffic Engineer, Terry Smith, provided comment on the proposed amendment and presented revised language and illustrations for consideration. The proposed revisions were accepted by the Zoning Commission and have been incorporated into the draft ordinance language. There was no other testimony.

Chariman Dailey made a motion to incoporate the Engineering language and illustrations and forward the revised text amendment to the City Council with a recommendation of approval. The motion was seconded by Barbara Hawkins and was approved on a 4-0 vote.

The proposed amendment with the incorporated amendments from the City Traffic Engineer will provide enhanced public health and safety where alleys and driveways enter public streets. The amendments will eliminate a confusing provision of the current code and apply a nationally recognized standard for pedestrian and traffic safety.