This is a zone change that will amend Section 27-1505(f) of the Billings, Montana City Code (BMCC) regulating the procedures of the Board of Adjustment when requests for zoning variances have been denied. The current code allows an applicant to petition for a reconsideration of a denied variance if there has been “a change of circumstance”. The code does not describe what a change of circumstance might encompass and it has been a source of confusion to both staff and applicants. In 2009, the City Council amended BMCC Section 2-507 (8) b. 11 so that all Boards and Commissions are required to use a widely recognized parliamentary procedure to reconsider previous decisions. The parliamentary procedure is clear, concise and is limited in its application.  The proposed code amendment would strike the "change of circumstances" provision of the zoning code and allow the Boards and Commissioners "reconsideration" provision to control.  The Board of Adjustment has requested this amendment to the zoning code to provide applicants and staff with consistent procedure for reconsidering denied applications.  The Zoning Commission conducted a public hearing on June 1, 2010, and is forwarding a recommendation of approval on a 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 regulation at 27-1505(f) has been in place since 1972, when the original zoning code was adopted. In the past 10 years, applicants have attempted to use the “change of circumstance” rule to have denied variances reheard by the Board of Adjustment without waiting the required 12 months from the date of denial. Since the code is silent on what may or may not be a change of circumstance, the Board of Adjustment has attempted to make this determination on a case-by-case basis. In addition, the Board of Adjustment has considered adopting criteria in a by-law document to better define a change of circumstance. The Board of Adjustment believes the amendment in 2009 to the Boards and Commissions section of the city code, will provide the same type of relief currently afforded by the zoning code and will provide a clear but limited procedure for reconsideration of variance applications.

The Zoning Commission conducted a public hearing on June 1, 2010, and received testimony from Planning staff and from Jeff Bollman, Chair of the Board of Adjustment. No other persons spoke in favor or in opposition to the text amendment.

The proposed amendments will correct a confusing and duplicative section of the zoning regulations. The new regulations in Section 2-500 provide a clear and effective procedure for re-consideration of Board of Adjustment actions. The Growth Policy and the City Council Goals recommend clarity in regulations to provide open and clear communication with Billings property owners and residents.