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 forwarded a recommendation of approval on a 4-0 vote. The City Council conducted a public hearing on June 28, 2010 and approved the zone change on 1st reading.

The City Zoning Commission 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 Zoning Commission conducted a public hearing on June 1, 2010 and is forwarding a recommendation of approval on a 4-0 vote.