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 that regulates on-street parking of similar vehicles. This is not part of the Zoning Regulations. The Zoning Commission conducted a public hearing on March 3, 2015, and is forwarding a recommendation of denial and adoption of the findings of the 10 criteria on a 4 to 0 vote.

City Council may:

• Deny the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Approve the zone change and adopt different findings of the 10 criteria;
• Withdraw the zone change; or
• Delay action on the zone change for up to 30 days.

The financial impact from the proposed text amendment is not known with certainty. Tow trucks parking on residential driveways may lower marketability and livability of neighborhoods. Increases in street maintenance may be necessary for residential streets where tow trucks are regularly parked.

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.

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 be parked on-street and off-street within all residential neighborhoods. 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 residential 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 the same time period, Code Enforcement has received more than 950 complaints about RVs 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 to 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 Zoning Commission conducted a public hearing on March 3, 2015, and received the staff recommendation. Testimony in favor was received from Joanne Blyton, Don Blyton, Jenny Carlson and Steve Carlson. Testimony in opposition was received from Marion Dozier, Tom Zurbuchen, Richard Clark and Carol Moore. The Zoning Commission also received written testimony in opposition from the South Side Task Force and Keith Kolstad. After the public hearing, staff received an email in favor of the zone change from Jennifer Hamlet. All the written testimony and comments are included as an attachment to this report.

Joanne Blyton testified in favor of the zone change to allow tow trucks of certain size and class to be parked on residential driveways. She stated the size and class would be considered light to medium duty trucks, some no larger than a Ford F350 or similar sized pickup truck with a diesel engine. She stated she understands the Code Enforcement is a complaint based system so not every tow business that sends an employee home with a truck or owner that takes a truck home would receive a complaint from Code Enforcement. She stated, tow truck owners want to be in compliance even if there are no complaints about their trucks in driveways. She stated to be on the rotation list requires hard work by the business owners to receive a letter of appointment from the state. She stated not all tow businesses are on the rotation because of the rigorous standards that must be met for equipment. She stated the concern with idling noise and fumes would be no less for a personal diesel pickup truck parked on a neighbor's driveway and yet these trucks are not prohibited from residential zones. She stated the zoning change would allow Code Enforcement to respond appropriately to complaints since the wreckers are clearly marked in the front windshield with a Class sticker - A,B,C, or D - and have the vehicle weight rating on the cab. She stated the staff concern with emergency response to a home where a wrecker is parked would be no more difficult than where a diesel pickup is parked in the driveway. Mrs. Blyton stated that Class D wreckers (car carriers) are about 6 inches wider and are longer than a normal pickup. She stated tow companies would only take advantage of the allowance to park wreckers at home when they know they are coming up to the top of the rotation list. She stated in no way is the Tow Association asking to make wrecker services a home-based business. She stated the 4 complaints to Code Enforcement in 2014 were probably not from neighbors but from other individuals with some interest.

In response to a question from the Commission, Mrs. Blyton stated some tow businesses have tried to secure temporary permission to park on commercial parking lots overnight. She stated the response was either negative, or the rent required from the lot owner was too high. She stated several City Council members have attended the Tow Association monthly meetings so they are familiar with the issues and concerns of the industry. In response to a question from the Commission, Mrs. Blyton stated the noise and fumes from a Class A tow truck would be no greater than a diesel pickup truck. She stated there are 43 separate wrecker service businesses in the Billings area representing about 15 owners. Many owners have multiple business names. In response to a question from the Commission, Mrs. Blyton stated she was not aware of any towing businesses with overnight facilities for employees. In response to a question from the Commission she stated she knew of three local tow businesses that send wreckers home on a regular basis. Staff noted there are two tow companies that are currently operated as home occupations.

Tom Zurbuchen stated he has no issue with allowing business vehicles in residential zones up to 12,000 lbs GVW but even the small Class A wrecker can be up to 18,000 lbs GVW. Mr. Zurbuchen stated he is opposed to the zone change. He stated he knows how diesel engines sound when they start up and idle and the bigger the engine the bigger the noise. He urged the Commission to recommend denial and to let everyone sleep well at night without the threat of big diesel engines idling outside their windows.

Marion Dozier testified in opposition to the zone change. She stated she worked 7 years as a residential code enforcement officer and knows all about the complaints of commercial vehicles in residential areas. She stated she has worked over 38 years as an employee of the City, as a City Council member and as a member of the South Side Task Force to help keep neighborhoods safe and quiet. She stated this would just be the beginning of intrusion of commercial trucks and vehicles in neighborhoods. She stated there are many other business owners who would love to keep their vehicles at home such as tree trimmers, landscapers, contractors, and others with heavy equipment. She urged the Commission to not open the door to parking tow trucks in neighborhoods.

RIchard Clark, Chair of the West End Task Force, testified in opposition to the zone change. He stated it was his understanding that calls for wrecker service on the rotation list is on time (30 minutes or less) 90% of the time. He stated the task force discussed the proposal and there is no support from the West End for this zone change.

Carol Moore, member of the North Park Task Force, testified in opposition to the zone change. She stated the task force has not met to discuss the proposal yet but will meet before the City Council hearing. She stated she is personally not in favor of the proposal. She stated the noise from idling diesel tow trucks would be too disturbing in the neighborhood.

Don Blyton testified in favor of the zone change. He stated he supports this change for safety reasons. He stated the faster a wrecker gets to a scene will benefit the traffic flow, stop secondary accidents, and could help save lives.

Jenny Carlson, owner of Maverick Towing, testified in favor the zone change. She stated she is aware of a car accident where the tow truck could not respond in a timely fashion where a victim was killed by an untrained first responder trying to lift a car off the victim. Timely and quick response is necessary for public safety, to clear accident scenes and prevent further accidents. She stated their company tow truck, a Class A, is always parked in their driveway next to her bedroom window. She stated her husband can start the truck in the middle of the night and it never wakes her up. Mrs. Carlson stated her neighbor has a big Ford F350 that he starts every morning early and his truck noise always wakes her up. She stated the noise issue is a non-issue.

Steve Carlson, owner of Maverick Towing, testified in favor of the zone change. He stated they are not asking for heavy duty big trucks in neighborhoods but trucks similar in size to his neighbor's Ford F350. He stated he gets along with all his neighbors but he would still like the code to change so he does not have to worry about Code Enforcement. He stated he tried to rent a parking space from commercial property owners but they were afraid of the liability or wanted too much in rent.

Joanne Blyton stated she had a copy of an industry magazine, Tow Times,  with an article about a recent situation where a tow truck saved a person pinned under a wrecked vehicle.

In response to a question from the Commission, Richard Clark stated the 90% response in 30 minutes or less was something he read in the Billings Gazette last fall.

Mike Boyett made a motion to recommend denial and adoption of the findings of the 10 criteria and the motion was seconded by Dennis Ulvestad. Dennis Wagner stated he was concerned about noise and fumes imposing on neighbors. Mr. Wagner also stated he agreed that allowing tow trucks would lead to other special interests requesting a change to allow their business equipment in residential areas. Mike Boyett noted the presence and agreement of four task forces against the proposed zone change.

The Zoning Commission is recommending denial and adoption of the findings of the 10 criteria on a 4 to 0 vote.

The Planning Division considered the proposed amendment and recommended denial to the Zoning Commission based on the findings of the 10 criteria. The Zoning Commission concurred with this recommendation. 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 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 City Council's 2014 Strategic Plan includes goals and objectives for the community. This zoning amendment is in direct conflict with these goals and objectives including the following: 
Strategy 2: Comprehensive, Orderly Growth, Goal 1: Comprehensive, cost-effective and orderly growth, Objective 3: "The City shall develop, preserve and revitalize residential neighborhoods that are safe, attractive and provide diverse, affordable housing."
Strategy 4: Sustainable Economic Development, Objective 4: "The City shall provide a safe, healthy and attractive place to live and work, offer quality housing choices, accessible amenities and an environment that provides a desirable quality of life."
Allowing tow trucks to park in all residential neighborhoods in the City does not achieve these Goals and Objectives.

Prior to any decision of the zoning amendment the City Council shall consider the following findings of the 10 criteria:
1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is not consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

The proposed zoning would permit commercial tow trucks weighing as much as 19,500 pounds to be parked on any residential driveway throughout the city. This is not a predictable land use decision based on the intent of residential zones; to provide an area for the quiet enjoyment of residential living.

• New development that is sensitive to and compatible with existing neighborhoods (Land Use Element Goal, page 6) 

The proposed text amendment does not meet the objectives of maintaining a high quality of life for existing residents and reducing conflicts between neighbors. Starting, running and warming up tow trucks on a residential neighborhood during overnight hours would tend to increase conflicts between neighbors and reduce the quality of life in those neighborhoods.
 
2.   Is the new zoning designed to secure from fire and other dangers?
The new zoning would allow commercial tow trucks to park on residential driveways. Parking this type of equipment on a residential driveway may impede access to the dwelling unit depending on the layout of the site.
 
3.   Whether the new zoning will promote public health, public safety and general welfare?
Public health, safety and general welfare will not be promoted in residential neighborhoods by allowing commercial tow trucks to park on driveways. Regular use of a residential street by higher weight vehicles will increase street maintenance costs. Regularly parking a commercial tow truck in a residential neighborhood will tend to depress the marketability of residential homes. Starting, running, and warming up commercial tow trucks adjacent to residential sleeping rooms and living areas would not promote the public health.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning should have no impact on provision of transportation. However, the transportation system in existing and new residential neighborhoods may be negatively affected by regular use of heavy tow truck traffic. Residential streets are not designed for regular use by commercial trucks.  

Water and Sewer: The proposed zoning should have no impact on provision of water and sewer service.  

Schools and Parks:  The proposed zoning should have no impact on schools or parks.

Fire and Police:  The proposed zoning should have no impact on the provision of adequate public safety services. The Association has pointed to a decrease in response times for towing vehicles to accident or emergency scenes as the motivation for the change in the zoning code. The call rotation service requires the business to be able to respond in 30 minutes or less. If the business cannot respond in that time frame, the next company on the list is called. This standard and procedure will not change. Accident and emergency clearance services will not be enhanced or diminished. The ability of tow truck businesses to provide timely response will not be enhanced or diminished by this change to the zoning regulations. Commercial tow truck businesses are required to have an office and a storage yard for vehicles that are towed. These locations are in commercial zones. Tow trucks are stored here as well. Most residential zones are within 1-mile of a commercial zoning district.
 
5.   Will the new zoning provide adequate light and air?
The proposed zoning may have a negative effect on air quality for at least brief periods of time in residential neighborhoods.
 
6.   Will the new zoning effect motorized and non-motorized transportation?
The transportation system in existing and new residential neighborhoods may be negatively affected by regular use of heavy tow truck traffic. Residential streets are not designed for regular use by commercial trucks.  
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does not promote compatibility with urban growth. The parking of tow trucks in residential neighborhoods would diminish the quality of life in these residence zones.  
 
8.   Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The new zoning does not consider the character of residential neighborhoods that are designed and intended for the quiet enjoyment of residential property.  
 
9.   Will the new zoning conserve the value of buildings?
The new zoning will not conserve the value of existing homes in residential neighborhoods. Parking one or more commercial tow trucks in a residential neighborhood would diminish the marketability of the adjacent homes.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning does not encourage the most appropriate use of residential land throughout the City.