This is a zone change that will amend and update Section 27-614(e) of the Billings, Montana City Code (BMCC) regulating temporary uses of land related to construction projects. The current code allows construction equipment, sheds and offices but does not mention the staging and storage of materials. The Planning, Engineering and Legal staff believes this was an oversight in the code development dating to its original adoption in 1972. The City Engineering Division requested the City Council initiate this amendment and on February 8th, 2010, the Council granted the request. The Zoning Commission conducted a public hearing on March 2, 2010, and is forwarding a recommendation of approval on 4-0 vote.

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

There should be no fiscal impact from adoption of this amendment to the city zoning regulations.

The existing temporary use regulations allow the placement of construction equipment, sheds and offices in any zoning district for an approved construction project. Any construction project whether for public or private purposes also requires the storage and staging of materials for such projects. This amendment inserts language to allow the storage and staging of materials and requires those materials to be stored in a safe, neat and orderly manner. Over the past several years, the city has completed several large infrastructure improvement projects. During the 2009 construction season, it came to the attention of the Engineering and Planning staff that the temporary use code in this matter was not clear. Current language could be interpreted to mean that no storage of construction materials would be allowed except in industrial districts. This oversight in the code needs to be addressed so contractors, builders and surrounding owners are assured that construction staging areas have adequate over sight and are allowed on a temporary basis only.

The Engineering Division has worked to develop specific amendments to the existing code that will clarify this section of the code. The Legal Division has reviewed the amendments for intent, form and language.

The Zoning Commission conducted a public hearing on March 2, 2010, and received testimony from Planning staff and Engineering staff. No other persons spoke in favor or in opposition to the text amendment.

The proposed amendments will correct an oversight in the existing temporary use regulations. The regulations will make temporary land uses for construction projects more predictable within existing neighborhoods. The amendment was written in clear and concise language so enforcement of the new regulation will be effective.