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1.1.
Council Work Session
Meeting Date:
01/21/2020
TITLE
Project Re:Code - Update and Draft Code Section Review
Department:
Planning & Community Services
Presentation:
Yes

PROBLEM/ISSUE STATEMENT

In June 2017, the City and County working through the Planning Board, initiated a major update to the existing Zoning Regulations. The process has been a collective effort of over 32 volunteers serving on the project Steering Committee or Working Groups, or both, logging more than 6,300 hours of review and work on the draft code. Three VISTA members also have put in over 6,100 hours since January 2018.
 
Staff provide the City Council an update at the January 6, 2020 Work Session. Council reviewed the Focus of the New Code, Accessory Dwelling Units, the N (Neighborhood) Districts, Planned Neighborhood Developments and Short Term Rental Unit regulations. Staff also shared a collection of Frequently Asked Questions from the Re: Code process so far.

Tonight, staff will provide a review the following topics:
  • Regulation of Alcohol and Gambling - The new proposed code will:
    • Create three new Commercial Zoning Districts to replace the wide-open Community Commercial District – the current zone district where most of the existing bars and casinos are located.
    • Three new CC replacement districts – CMU1, CMU2 and CX - will allow a large casino by special review approval only. Hard separation distance requirements from schools, churches, parks with playgrounds and residential areas will apply in these districts (See further discussion of hard separations below) that will limit areas of these three new districts to where large casinos are allowed.
    • Special reviews will not continue as an allowed use in the new code. A special review use will be an exception to the “by-right” uses for those districts where it applies under the new code.
    • Define terms that are not defined in the current zoning code, including:
                            -Casino
                            -Bars, taverns and cocktail lounges
                            -Cidery
                            -Gambling Device
                            -Gambling
                            -Microbrewery
                            -Microdistillery
  • Set hard separation distances between casinos, bars and taverns, from residential uses, churches, schools, and parks with playgrounds. The separations proposed for large casinos are 600 feet from churches, schools, and parks with playgrounds and 150 feet from residential zones. No waivers, variances or exceptions to the separations will be allowed.
  • Set a reasonable and predictable method to measure the required separation distances – from the casino/bar building exterior to the closest property boundary with the use requiring separation (church property, school ground, park boundary, residential zone).
  • Make distinct use categories for alcohol service and gaming uses to replace the current combined use. Example: - A restaurant that serves alcohol but does not have gambling will not be regulated the same as a restaurant that serves alcohol and has gambling. Restaurants with very few gaming machines (less than 10) will not be subject to the same rules as a casino.
  • No separation requirements for microbreweries, microdistilleries, winery or cidery when it is a primary use of property (on its own).
  • “Casinos” will have a size designation based on the number of gambling machines and where live gambling takes place. What is designated as “Large” casinos having 10 or more machines will always be a second primary use of property:
    • They will always require a special review approval
    • They have to meet the hard separation distances – 600 ft from a church property, school ground, park boundary; and 350 ft to a residential zone (except in the exempt zones)
 
  • Sign Regulation - The proposed new code includes:
    • New measuring standards for sign area, setbacks, and sign height.
    • Insures the new code meets all legal tests to be constitutionally compliant and conforms to recent US Supreme Court decisions.
    • Restricts use of electronic signs in residential and neighborhood office districts.
    • Maximum sign height reduced 20% from current limit.
    • CMU1 zone districts will have maximum freestanding sign area for single tenant property reduced by 70% and CMU2 reduced by 54% from current code allowance. Current code allows 175 sf of freestanding sign area for most property in the Neighborhood Commercial (NC) and CC zone districts. The new standards for single tenant property will be 50 sf in CMU1 and 80 sf in CMU2. Multi-tenant property can add 10 sf per additional tenant up to a maximum of 110 sf in CMU1 or 20 sf per tenant up to a maximum of 200 sf in CMU2. Sign area is also flexible adjusted based on the length of street frontage.
    • Will regulate “window” signs as permitted signs when place on a window, or hung from a window frame. Current code does not regulate signs in or on windows.
  • Commercial District Changes – There are seven proposed commercial zoning districts, two industrial districts, and three public districts (See attached information on some of the commercial districts).  Each Public district will have a primary focus: P1 is for Open Space, Parks and Recreation, P2 is for Institutions with 2 or fewer main buildings for schools, religious organizations, city or county facilities and P3 is for Institutional Campuses (3 or more buildings) for education, health/medical and civic uses.
The most significant change in the commercial districts is to break the CC zone district up and create districts that are more predictable and have a suite of uses tailored to be compatible with the adjacent zones and uses. Site design and form standards are a critical part of these new districts. These new standards will bring buildings closer to the street and require front entrances along the street frontage without long blank walls. The CMU1 and CMU2 zone districts will also require most parking to be to the side or back of the businesses. These adjustments can make retail and service areas develop or redevelop at a human scale and encourage walkability as places change over time. Streets framed by buildings, street trees and pedestrian activity tend to slow traffic to posted speed limits, making streets safer for everyone.
  • Landscaping and Parking -
    • The proposed landscaping code's most significant achievement is to provide for a more consistent landscaping requirement across all commercial zoning districts in the City. The code is going from four sets of landscaping regulations across the current code to one set of landscaping regulations for all commercial districts. The new code addresses the dry climate of Billings and Yellowstone County by encouraging drought tolerant plants, less use of sod and more use of sustainable trees, shrubs, and ornamental grasses. Street trees are required along property frontages to improve the look and feel of neighborhoods and make walking and shopping a more comfortable experience.
    • The proposed parking code introduces a variety of options to better match parking requirements with actual parking use. City Engineering played a critical role in helping craft the new off-street parking standards.
  • Next Steps
    • The Urban Issues and County Issues Working Groups, staff and consultants are completing draft reviews of Parking, Alcohol and Gambling Uses, Planned Neighborhood Developments (for the urban/rural interface), and Procedures. The Sign Working Group and Landscape Working Groups have completed meetings and final drafts of Sign and Landscape codes are being prepared for the review and adoption process.
    • Public hearings with the Zoning Commissions are planned for February & March with recommendations to the City Council and Board of County Commissioners for hearings in April/May. Staff intends to make each hearing with the Zoning Commission topic focused - for example, a hearing focused on the map and new zone districts, another for signs and site development standards, another for alcohol and gambling uses, and one for general comments and testimony.

RECOMMENDATION

No formal action is needed at this time, but staff will present the topics and seek comments and questions from the City Council on the proposed code items summarized in this memo in preparation for the public drafts being completed for public hearings.

Attachments