County Zone Change #658:  This is a City Council initiated amendment to the Unified Zoning Regulations Section 27-601(a) and 27-606 to allow the off-street parking and storage of Class A or Class D tow trucks in all residential zones. The City Council initiated this zone change on February 9, 2015 at the request of the Yellowstone Valley Tow Truck Association. There is a companion ordinance amendment to 24-406, a City Traffic Code, that regulates on-street parking of similar vehicles. This is not part of the Unified Zoning Regulations. The County Zoning Commission may take comment on this item but will only forward a recommendation on the proposed amendments to the Zoning Regulations 27-601(a) and 27-606.  

The Planning Division is recommending denial of the amendments to allow tow trucks to park off-street in residential zones.

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Section 27-601(a) of the Zoning Regulations has been amended several times by the City and County since 1997, the year the City and County zoning regulations were unified. This section of the code regulates how items including motor vehicles may be stored on property within residential zones and on property used for residential purposes. Residential zones are primarily intended for all types and choices of housing without the intrusion of intensive commercial, retail, and industrial uses. Section 27-606 of the Zoning Regulations allows and limits home occupations or home-based businesses within residential zones in the City and County. The code allows all types of office-based businesses and certain types of services within residential zones. Home-based businesses must comply with the limitations in the code including no employees except occupants of the residence, no signage, and no traffic to or from the residence between 6 pm and 7:30 am. The regulations are intended to preserve the nature of residential neighborhoods as places of quiet enjoyment for families.

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In October 2014, the Yellowstone Valley Tow Truck Association presented the City Council proposed city code amendments to allow certain types of tow trucks to parked on-street and off-street within residence districts. The City Council held a work session on the proposed code amendment on October 20, 2014, to discuss the draft amendment. The City Council asked legal staff to re-draft the proposed ordinance and the revised ordinance was initiated by the City Council on February 9, 2015. The initiative includes amendments to the Zoning Regulations and the Traffic Regulations of the city code. The Zoning Regulations only pertain to private property and the Traffic Regulations only pertain to public property - the City's public street. Private streets and right-of ways will not be affected by the changes to the Traffic Regulations. The Zoning Regulation amendments do not override or nullify private covenants and restrictions for subdivisions that are more restrictive for off-street parking and storage.

The intent of the regulations for off-street parking and storage of vehicles and other personal property in residence districts {Section 27-601(a)} is to maintain these areas for residential enjoyment with allowances for storage of recreational vehicles on driveways or in back yards. The collection and open storage of salvaged items, trash, debris, discarded household items and appliances as well as inoperable, wrecked, or junk vehicles has long been an issue in many residential areas of Billings and Yellowstone County. In the past 5 years, the City Code Enforcement Division has responded to more than 3,600 complaints of open storage and inoperable vehicles in Billings' neighborhoods. In same time period, Code Enforcement has received more than 950 complaints about RV parking on driveways or yards in residential areas. From 2010 to the end of 2014, the division received less than 75 complaints about commercial vehicles parked on driveways in residential zones but nearly 3,800 complaints about trailers or commercial vehicles parked on residential streets. Several complaints during the summer of 2014 pertained to tow trucks parked in residential zones.

The Yellowstone Valley Tow Truck Association (the Association) is concerned that towing businesses may not be able to respond to calls for service - particularly during overnight periods - if owners and employees cannot continue to park their wreckers at home on the driveway or on the street. The State of Montana maintains a "rotation call list" for all eligible towing and wrecking companies in Yellowstone County. Companies can be called to respond to traffic accidents or other emergencies to remove or recover vehicles. If a company cannot respond within a certain time period - 30 minutes or less - law enforcement at the scene will call the next company in line to respond. Companies do not know in advance when they might receive a call to respond and calls may come at any hour on any day of the week. Not all towing and wrecking companies are on the rotation call list. These companies may also have calls for service from private parties at any time on any day of the week. The State of Montana categorizes tow trucks by "class" that roughly corresponds to weight and towing capacity. See Attachment Tow Truck Classifications. The Association has requested that Class A, a lower weight rated boom truck, and the Class D, a higher weight rated car carrier or roll back, be allowed in residential zones and residential use areas. The Association has submitted additional comment after the City Council initiated the amendment too further restrict the Class D tow truck to a "Class 5 truck or less". This proposed restriction would not allow all Class D car carrier type towing vehicles ,just the single vehicle flat-bed type. In addition, the Association and Hanser's Towing and Recovery are asking to amend the proposal to include Class B tow trucks. Class B tow trucks are boom type tow trucks with a higher weight rating and towing capacity. Hanser's Towing and Recovery also commented that towing and recovery businesses should not be allowed as a home occupation in residential areas but was in favor of the proposal to allow employees and business owners to park a tow truck at home for on-call purposes.

The Planning Division has considered the proposed amendment and is recommending denial to the Zoning Commission based on the findings of the 10 criteria. This proposed zone change is not designed in accordance with the 2008 Growth Policy goals of predictable land use decisions that are compatible with existing neighborhoods and protects neighborhood integrity. Parking of tow trucks on driveways in residential zones to answer overnight calls for wrecker services would not protect the adjacent residents from noise or fumes since most tow trucks will need to be started and warmed up prior to leaving for a call. Most residential driveways are not designed or constructed to handle the weight class of the Class A, Class B, or Class D tow trucks on a regular basis. Most residential streets are also not designed to handle this weight class of vehicles on a regular bases. Tow trucks parked in residential driveways or on residential streets on a regular basis will increase street maintenance costs for the City and may also for the County, as well as driveway maintenance costs for the property owner. The proposed amendment does not maintain the high quality of life in existing neighborhoods, serve to reduce conflict between neighbors, or create more attractive neighborhoods. The proposed amendment may also be difficult to enforce since tow trucks are restricted by classification and weight rating. If tow trucks are parked on residential driveways, the Code Enforcement Officers may not be able to see the Class rating sticker or weight rating on the vehicle from the public right of way. Code Enforcement Officers do not have an automatic right of entry on to private property. The proposed zoning is not designed to secure property from fire and other dangers or promote the public health, safety and general welfare. A tow truck parked on a residential driveway may hamper response to an emergency in the residence. Public health may be negatively effected by idling tow trucks (fumes and noise). In addition, parking a tow truck on a regular basis on a residential driveway may negatively effect the quality of the housing market in a neighborhood. The proposed amendment does not promote compatible urban development by potentially placing tow trucks in all residential neighborhoods on a regular basis. The proposed zoning will not encourage the most appropriate use of land throughout the City and County.

The Planning Division recommends denial based on the findings of the 11 criteria for Zone Change 658