Zoning Commission Recommendation
The Zoning Commission recommended the City Council approve the zoning text amendment for marijuana businesses, based on their proposed findings of the 10 review criteria and with several recommended amendments to the original draft including the following:
1) Reduce the required separation from dispensaries to protected uses from 1,000 feet to 600 feet for religious institutions, primary and secondary educational facilities and public parks that contain a children’s playground or playfield. Do not include day care centers or youth centers in the list of protected uses for separation from a dispensary.
2) Reduce the required separation from dispensaries from 1,000 feet to 350 feet from residential neighborhood zoning districts.
3) Add the Corridor Mixed Use 1 (CMU1) and Corridor Mixed Use 2 (CMU2) zoning districts as districts where dispensaries will be allowed with the required separations.
4) Add language to the Use Standard sections 27-1005.R.1 to ensure there is no waiver allowed from the required separations for dispensaries.
5) Add language to the Use Standard section 27-1006.F.1 to ensure there is no waiver allowed from the required separations for cultivations, processing, manufacturing and transporters.

City Council Action 1st Reading
The City Council conducted a public hearing on first reading on October 25, 2021, and did not adopt the recommended changes from the Zoning Commission outlined in items one, two and three above. The Council voted to adopt the recommended changes in items four and five, keep the required separation distance of 1,000 feet as originally proposed, added behavioral health facilities as a protected use, and deleted CMU1 and CMU2 as zone districts where dispensaries would be allowed. The City Council stated findings of the ten review criteria (See Summary Section) to support the adoption of the amended draft on first reading. A second reading is required to adopt the ordinance.

Ballot Results and City Council Action 2nd Reading
The ballot concerning whether to approve or disapprove Adult Use Dispensaries resulted in a majority vote against allowing Adult Use Dispensaries in Billings on November 2. On second reading of the zoning ordinance on November 8, the City Council updated the proposed language to reflect this result by prohibiting this use within the city limits.

The City Council also made four other amendments to the second reading draft including:
1) Retaining the arterial setback of 150 feet for all dispensaries;
2) Adding protected uses and 1,000 foot buffers for those uses from cultivation, processing and manufacturing locations;
3) Adding behavioral health facilities to the list of protected uses in Sec 27-1005.R and 27-1006.F; and
4) Adding marijuana testing laboratories as an allowed use in the EBURD-CW and EBURD-IS zone districts.

A third reading of the zoning ordinance is required to adopt the second reading changes and is being conducted at this meeting.

In November 2020, the ballot issue (I-190) was approved by the voters to allow "adult use" of marijuana on a state-wide basis. During the 2021 legislative session, the state adopted a bill - HB 701 - that amended the existing laws to accommodate this new marijuana use approved by the voters. The law explicitly allowed local jurisdictions to adopt more stringent local controls, including the allowance for counties where the ballot initiative did not pass, to adopt local prohibitions. Yellowstone County and the City of Billings both passed the 2020 ballot initiative.

Prior to November 2020, medical use marijuana was allowed by the state. This was approved by another ballot initiative in November 2004. Billings did not adopt any local land use controls for medical use marijuana businesses after the passage of the 2004 initiative. The number of registered patients and caregivers was low until late 2009 when the U.S. Justice Dept. issued a directive to US Marshals and US Attorneys that marijuana possession and use should not be prosecuted in states that permit the use of medical marijuana and as long as individuals comply with those laws. Soon thereafter, Council members began receiving constituent contacts, expressing concerns about medical marijuana businesses being established across the city. The Medical Marijuana Act did not specify if or how cities could regulate these businesses but the most common approach taken by other Montana cities at the time was to establish zoning rules that limited the impacts these businesses may have had on their surroundings.

In February 2010, the Council created the Medical Marijuana Ad-Hoc Committee to develop proposals for how the City should zone for these businesses. Subsequently, more than 100 new medical use marijuana dispensaries opened within the city limits. Locations included commercial areas as well as temporary buildings in parking lots and home occupations. The city adopted an emergency moratorium in May 2010 to stop the rush by medical use providers to continue opening businesses within the city limits. At the same time, the state legislature was considering regulations and laws to better guide the medical use marijuana industry. The Ad Hoc Committee reviewed and considered several iterations of zoning regulations for medical use marijuana dispensaries. These draft regulations are very similar to the proposed zoning regulations for this text amendment and included required separation distances, limitation on zone districts where the businesses could location and considerations for sign code regulations. Ultimately, the state legislature took up the issue, and passed a new law in 2011 (SB 423) that limited medical marijuana dispensaries and providers in a strict manner. In Billings, this resulted in dropping zoning regulations and adopting two sections on Medical Marijuana for business regulations - Section 7-1700, Medical Marijuana Storefronts and Section 13-432, Business Licensing. These two ordinances are still active in the city codes. 

Medical Marijuana providers and dispensary owners sued the state over certain provisions in the 2011 law and prevailed on most issues in late 2015 and early 2016. These court decisions set in motion additional activity on the local level to ensure the previously adopted business licensing ordinances were in compliance as well as refining and adopting zoning regulations for medical marijuana dispensaries. In 2017, the City Council initiated these amendments to the city code. Prior to first reading by the City Council in September 2017, Montana Advanced Caregivers (M.A.C.) filed suit and was granted a restraining order by the District Court to halt the adoption of those regulations and to stop any enforcement of the existing city regulations against M.A.C. This lawsuit is on-going.

The passage of I-190 and the adoption of HB 701 has prompted the City to again examine and propose regulations that will now apply to both Adult Use and Medical Use marijuana businesses. The zoning regulations proposed are similar to the regulations proposed in 2010 and 2011 but were not adopted. The proposed regulations address concerns with public health, safety and welfare as a primary basis for the regulations. The regulations separate the different types of marijuana businesses and allow them in particular zone districts. These are generally zones that are not close to neighborhoods such as Heavy Commercial (CX), Light Industrial (I1) and Heavy Industrial (I2). In addition, staff drafted a minimum separation distance to residential zones, schools, public parks with playgrounds, religious institutions, day care centers and youth centers of at least 1,000 feet. One thousand feet is thought to be protective of those uses that are closer to the three zone districts. The separation requirement will apply to dispensaries, cultivators, processors and manufacturers but not from testing laboratories or transporters. Currently, the marijuana businesses throughout Montana are "vertically" integrated so most dispensaries are also cultivation, processing and manufacturing marijuana edibles. Currently, transportation of marijuana is generally limited by dispensaries that provide delivery to cardholders for medical use. In the future, transportation may become a viable "stand alone" service business for marijuana businesses.

The proposed draft the Zoning Commission reviewed also required a minimum setback of 150 feet from an arterial street for any new dispensary - Adult Use or Combined Use. This setback would not apply to Medical Use Dispensaries. There was a concern the zone districts and the required separation distance could concentrate these businesses along major transportation corridors that serve as entryways to the city. Requiring a minimum setback from these entryways will diminish the concentration effect of these separation distances. 

City legal staff assisted the Marijuana Regulation Committee (includes the Mayor, City Council Members, and City staff) to draft new business license regulations for marijuana dispensaries and related businesses. Part of this discussion includes research into the experience of similar communities in other states with similar marijuana laws and peer-reviewed journals and professional articles on the effect of marijuana businesses in the community and in law enforcement. This background and basis information is attached to this report. The City Council is considering a lottery system to award business licenses for marijuana dispensaries and a cap on the number of dispensaries within the city limits.

The state of Montana currently lists 29 licensed dispensaries within Yellowstone County and two of those are within the city limits. One of those two locations may be in "good standing" with the city - M.A.C. Further research based on the new zoning and business license regulations will be needed to determine M.A.C.'s compliance and standing. The other location on Grand Avenue does not have a city business license and is not considered in good standing with the city at this time. On January 1, 2022, the state will allow any existing medical use dispensaries in good standing with the local government to start selling adult use marijuana to consumers 21 years of age and over. However, with the ballot measure vote on November 2, the enactment of these zoning regulations and the enactment of the City's Marijuana Business License regulations, no adult-use dispensaries are allowed within the Billings City Limits.

Planning staff received some comment from city agencies in particular the Fire Department. There is a concern that manufacturing - distilling, and extraction - of oils and other botanical but volatile elements from marijuana is not adequately regulated by the adopted 2012 Fire Code (IFC) in Montana or in the city. The Fire Marshal would like to insert language that ensures any manufacturing that involves distillation of cannabis oil to comply with Chapter 39 of the 2021 IFC (or later edition) as the case may be. The city must wait for the state to adopt a new Fire Code to adopt the entire new IFC for the city. This reference to the 2021 IFC Chapter 39 would pre-date the formal adoption by the state and city, but the Fire Marshal believes it is essential to protection of public health and safety. The extraction process for cannabis oil is hazardous and the newer Fire Codes will help minimize these hazards for this new business type. Inclusion of this language is being considered for the City's marijuana business licensing process and may also be helpful to reference in the new zoning code as we do for other codes that must be followed when developing property in the City.

Planning staff worked with city Geographic Information Systems (GIS) staff to provide maps that depict generally where marijuana dispensaries, cultivators and processing facilities might locate based on the proposed regulations. These maps are only general and cannot with absolute certainty show whether a particular property will or will not meet he proposed regulations for separations or setbacks. Most of the area that will be open for these businesses will be along the I-90 interstate corridor where most of the CX, I1 and I2 zoning is located. The separation distances will be measured in the same way separations for bars and casinos are measured - from the exterior of the building where the marijuana business is located to the property line of the protected use. Since we don't know where new businesses will locate yet, the maps show a property line to zone district buffer. The original maps are attached to this report. Based on the Zoning Commission recommendations to amend the draft ordinance, new maps have been generated. These are also attached to this report. The maps for processors/cultivators and manufacturers will essential be the same as the original maps. The maps for potential dispensary locations will show the two additional zone districts with adjusted buffer distances from religious facilities, schools, parks with playgrounds and from residential neighborhood zones.

The draft regulations presented to the Zoning Commission also prohibited marijuana businesses of any type as a Home Occupation and required the business to provide documentation a proposed sign meets the state regulations when submitted for city permitting.

The City Council did not follow the Zoning Commission recommendation in its entirety when it adopted the zoning ordinance on first reading on October 25, or on second reading on November 8, as described in the recommendation section of this memo. Further, Billings Voters on November 2nd voted not to allow Adult-Use Marijuana Dispensaries in the City of Billings per the ballot measure that the Billings City Council had placed on the ballot. Therefore, the Attached Ordinance has been amended to reflect this change and other changes outlined in the recommendation section of this memo. The City Council will consider this amended ordinance on third reading at this meeting.

The Planning staff sent the draft regulations out to Neil Kiner, owner of the Green Bee, a medical use dispensary outside the city limits. In addition, Planning staff sent the draft regulations to the Montana Cannabis Guild, published the draft on the City Webpage (https://www.billingsmt.gov/2361/Current-Zoning-Applications) and published a legal advertisement as required by Section 27-1628 of the BMCC.

Text amendments are processed in the same manner as zoning map amendments and require legal notification and a review of the 10 criteria for zone changes. Planning staff received comment from Mr. Kiner in writing and from Mr. Kiner in person at the Zoning Commission public hearing. The Billings Industrial Revitalization District (B.I.R.D.) board relayed to the Planning staff they were not interested in opening any of the EBURD districts for marijuana businesses. Several marijuana business owners have been attending the City Council work sessions on this topic, but none have provided comment to the Planning staff on these draft regulations except for Mr. Kiner.

City Administration also hosted a public information/listening session at the Library Community Room on October 13 where about 30 members of the public attended. The session allowed City staff to provide information on the proposed zoning regulations and business license regulations and allow for questions and answers and discussion with the public in a more informal session. City staff and the attendees found the session to be helpful and informative for this regulatory process.

Zoning Commission Hearing and Recommendation
The Zoning Commission conducted a public hearing on October 5, 2021, and received the staff recommendation for approval. In addition, Mr. Neil Kiner provided written and spoken testimony to allow dispensaries in more zoning districts and generally allow more flexibility in the proposed regulations. Mr. Ming Cabrera who is member of the Heights Task Force, a business owner in the Heights and serves on the Billings Heights Water District Board, provided testimony in favor of expanding the number of zone districts where dispensaries might be allowed and reducing the required separations for those dispensaries. He stated the potential impact to the neighborhoods adjoining the business property on Main Street will be much less than they currently experience with bars and casinos. He pointed out bars and casinos can be much closer to neighborhoods and many were there before those required separations were in place. He stated there are many places on Main Street that are struggling to find retail or commercial tenants and these spaces are smaller and are more likely to be the right size for a local business owner who is selling a specialty product like marijuana. Mr. Cabrera stated his most reliable tenant right now is a glassware maker who has been there for four years. He stated his tenant was hoping to add to his entrepreneurship by selling adult use marijuana. He stated the proposed regulation as illustrated on the map would make this impossible. Mr. Cabrera also stated with over 30,000 people living in Billings Heights a few acres way north of the Bull Mountain Grill on Main Street that would allow marijuana businesses, will not adequately serve this population. There was no other public testimony.

Commission member Trina White stated she was concerned the regulations are too strict for dispensaries as compared to the zone districts where these uses would be allowed. She was concerned the retail aspect of the use would not fit in well with the heavy commercial warehousing and manufacturing in the CX, I1 and I2 zone districts. She stated a dispensary use is not a heavy commercial use and would not fit well with contractor yards and warehouses. She stated the zoning map made it really clear the proposed zoning regulations are too strict and will concentrate the dispensaries in just a few relatively inaccessible areas of Billings.

Commission member Dan Brooks was very concerned the concentration of these uses would have on neighborhoods. He believes this would have disparate impact on low income neighborhoods. Mr. Brooks shared a map he created that showed the residential neighborhoods most impacted surrounding the allowed areas on the zoning map in the CX, I1 and I2 districts. He stated these were all low income neighborhoods in southwest, south central and southeast Billings. He understands there is case study information that shows residents in neighborhoods within .8 miles of adult use dispensaries are more likely to use marijuana than other neighborhoods farther away. He also stated isolating the retail dispensaries in industrial areas would create more opportunity for targeted crime at these locations. He stated these businesses are prime targets for robbery since they deal in cash and have marijuana stocked in the business. If the dispensaries are in areas with more "eyes on the street" like our mixed use zones with similar retail activity, it reduces the ability for crime to occur without someone noticing or preventing the crime from occurring.

Commission member Trina White offered a motion to amend the draft regulations to reduce the required separation distances for dispensaries from 1,000 feet to 600 feet and only apply the separation distances to churches, parks with playgrounds and schools, and to reduce the separation distance from 1,000 feet to 350 feet to residential neighborhood zones. The motion was seconded by Commission member Dan Brooks. Assistant City Attorney Karen Tracy provided information to the Zoning Commission on the number of adult use dispensaries in similar communities such as Pueblo Colorado. She stated it is not likely that Billings would need to accommodate a lot of new dispensaries based on its population and on the fact the City Council is considering capping the number of dispensaries allowed within the city limits. Planning staff also pointed out the proximity of medical use dispensaries that are right at the edge of the city limits and these locations will be allowed to start selling adult use marijuana on January 1, 2022, regardless of the rules adopted by the city. Commission member Trina White stated the reduction in separation is meant to recognize the differences between a place to purchase marijuana and a place that grows, processes or manufactures marijuana products. The uses are different and should have different separations. The Commission voted 3-0 to recommend the amendment to the draft regulations.

Planning staff requested the Zoning Commission formally vote to add the "no waiver" language to the draft ordinance. Planning staff explained this was inadvertently left out but was meant to be part of the proposed ordinance. Commission member Trina White made the motion to include the "no waiver" language for the separation distances and this was seconded by Commission member Dan Brooks. The Commission voted 3-0 to approve the amendment to the draft regulations.

Zoning Commission member Dan Brooks made a motion to include the Corridor Mixed Use zones (CMU1 & CMU2) as districts where dispensaries could be allowed with the required separations. The motion was seconded by Commission member Trina White. Mr. Brooks stated his motion is intended to eliminate the discriminatory effect of the proposed regulations will have on low income neighborhoods. He also stated keeping dispensaries isolated to just a few heavy commercial or industrial zones would increase the potential for crime at these locations. He stated the principles of Crime Prevention through Environmental Design (CPTED) have shown there is more natural surveillance of locations that are in walkable commercial areas than in isolated industrial areas. Natural surveillance by people in the area reduces the desirability of a target by increasing the potential for a crime to be detected by people in the area. Commission member Trina White agreed that increasing the number of districts where dispensaries could be located would really help lower the potential for crime but also make it more accessible and safer for customers. Planning staff pointed out to the Commission the arterial street setback requirement combined with the 600-foot and 350-foot separation distances may make many areas of CMU1 and CMU2 zoned properties out of reach for marijuana dispensaries. Planning staff stated they would need to work with City GIS staff to create a new set of maps for dispensaries based on the recommended changes. Vice Chair Greg McCall stated he was torn about this proposed expansion since he is a developer of new neighborhoods that are close to CMU zone districts. He agreed there are potential benefits to expanding the allowed zone districts but did not believe the CMU1 was appropriate to include in the amendment. The Zoning Commission voted 2-1 in favor of the amendment with Vice Chair McCall voting against the motion. 

Commission member Trina White moved to forward a recommendation of approval of the draft ordinance, along with the recommended amendments of the Zoning Commission, to the City Council and to adopt the findings of the 10 review criteria. The motion was seconded by Commission member Dan Brooks. The motion was approved on a 3-0 vote.

City Council Hearing and First Reading
The City Council conducted a public hearing on first reading of the amendment on October 25, 2021. The Council received the Zoning Commission recommendation, a presentation of Planning staff and public testimony from Becky Bey and Christine Lundgren of the Substance Abuse Connect organization, Allison Corbyn of Big Sky EDA, Ming Cabrera an owner of commercial property in Billings Heights, Tina Volek of the West End Task Force, and Richard King, Chair of the Rimrock Neighborhoods Task Force. The Council asked questions regarding the separation distance requirements, the rationale of the Zoning Commission recommendations, and whether the City Council could amend the draft regulation.  Staff clarified the issues for the Council.

Council member Mike Yakawich made a motion to approve the proposed zoning ordinance with amendments to the proposed ordinance that restores the original 1,000-foot separation distance, eliminates CMU1 and CMU2 as zone districts where dispensaries could be allowed, and includes behavioral health facilities as a protected use requiring the 1,000-foot separation distance. Council member Yakawich stated the reasoning for the amendments is to better protect the public health, public safety and general welfare of the entire city from the unknown impacts of marijuana businesses. The motion was seconded by Council member Shawn Brown. The Council voted 7 to 3 to approve the amendment(s). Mayor Cole requested staff update the findings for the ten zone change criteria that reflects the City Council's findings for the revised draft ordinance.

City Council Second Reading Hearing and Ballot Result
On November 2, 2021 the ballot question on whether to approve or disapprove adult use dispensaries in the city limits was decided. The majority of voters caste votes against allowing this use in the city limits. The City Council adopted changes to the approved first reading zoning ordinance to clearly prohibit the use within the city limits. The Council made four other changes to the second reading draft ordinance (detailed above in the Recommendation section).  A third reading of the ordinance is required at this meeting to adopt these changes.  

The City Council may:

• Adopt the revised findings of the 10 review criteria and approve the revised text amendment approved by the City Council at its first and second reading public hearings on October 25, 2021, and November 8, 2021; or,
• Adopt different findings of the 10 review criteria and deny the draft text amendment. Not adopting any zoning regulations could result in the City not having any land use regulations for marijuana businesses in place by January 1, 2022, when the new state laws allowing marijuana businesses takes effect.

A recommendation of approval or denial will not have any immediate measurable effect on the Planning Division budget. However, there is an expectation that multiple City Departments will be financially impacted by the sale, growing, processing, transportation and testing of marijuana in the City in the future. Potential tax mechanisms being voted on in the November 2, 2021 election and local licensing fees proposed in the marijuana licensing regulations are expected to help offset some of these financial impacts. 

The City Council shall consider, among other things, the following findings as revised and updated by the City Council on October 25, 2021 and November 8, 2021:

1. Is the new zoning designed in accordance with the Growth Policy?
 
The proposed amendment is consistent with 2016 Growth Policy.   
Essential Investments:

• Infill development and development near existing City infrastructure may be the most cost-effective.
• Neighborhoods that are safe and attractive and provide essential services are much desired.

Strong Neighborhoods:

• Neighborhoods that are safe and attractive and provide essential services are much desired.
• Zoning and subdivision regulations that utilize Crime Prevention Through Environmental Design (CPTED) strategies result in safer neighborhoods.

Community Fabric:

• Attractive street scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods.

Home Base:

• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.

Prosperity:

• A diversity of available jobs can ensure a strong Billings’ economy.
• Successful businesses that provide local jobs benefit the community.
• Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses.

The proposed amendment allows a new type of business within the city limits. The proposed regulations are intended to prevent some predictable consequences of allowing a business that is still considered illegal in many states and to prudently allow businesses in zone districts that will have the least impact on existing neighborhoods, retail and commercial businesses. It is likely there will be a high demand for this product due to the regional nature of the Billings retail market and due to the fact the states adjacent to eastern Montana have not legalized marijuana. Colorado is the closest state to Montana where both medical use and adult use marijuana is legal. Expansion from medical use to adult use marijuana will increase demand generally. Allowing marijuana businesses that sell, cultivate, process and manufacture marijuana products in areas where similar types of business already exist in the CX, I1 and I2 zone districts will make these uses more predictable in those areas. Allowing dispensaries - a retail activity - in additional zone districts of CMU1 and CMU2 will introduce a potential incompatible use in those districts and will not protect the public health and general welfare.

The proposed 1,000-foot buffer from marijuana dispensaries, cultivations, processing and manufacturing to residential neighborhoods, religious facilities, parks with playgrounds, day care centers, youth centers and behavioral health facilities will reduce any potential negative impacts from this new land use in Billings. The City Council finds there are many unknown impacts from this use and the 1,000-foot buffer to these sensitive land uses will be prudent and protective while this new business is being established within the city limits. The regulations also require an arterial setback for all dispensaries so the separation requirements along with the district limitations do not combine to create a cannabis corridor along entryways to the city.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning may increase the danger from fire for new manufacturing and processing facilities that extract cannabis oil. The Fire Marshal has suggested insertion of language to require compliance with Chapter 39 of the 2021 IFC that is not yet in effect in Montana. In general, the proposed zone districts for this use is in proximity to similar uses and will not be close to neighborhoods, public parks or schools where danger from fire or explosion is a higher risk.

3. Whether the new zoning will promote public health, public safety and general welfare?
The proposed regulations limit the effect of locating these businesses within the city limits by providing separation distances for dispensaries, cultivation, processing and manufacturing businesses from sensitive uses and limiting the businesses to potentially compatible zone districts such as CX, I1 and I2. 
 
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: It is not known whether the number of businesses within the proposed three zone districts will affect the overall transportation system. In some jurisdictions, high security transportation of marijuana was required. If Billings becomes a regional cultivation, processing or manufacturing center for Montana, evaluation of local transportation will be needed on a site by site basis through a Traffic Impact Analysis by the proposed business.

Water and Sewer: This text amendment affects properties within the City of Billings which are served by city water and sewer. Cultivation and processing will increase demand on water and waste water services, but the system is expected to provide those services.

Schools and Parks: Schools should not be significantly affected by the proposed zoning. The draft regulations propose a 1,000-foot separation from dispensaries, cultivation, processing and manufacturing to school facilities (primary and secondary, public or private) and public parks with playgrounds or playing fields. No waiver is allowed from these separation distances. This should help protect these two sensitive land uses. 

Fire and Police: The zone districts within the City of Billings will be served by City Fire and Police Departments. The Fire Marshal's concern with cannabis oil production is noted above in criteria 2. It is likely dispensaries will employ complicated security systems for their locations. The Police and Fire Departments will be involved in reviewing licenses and building permits for any new locations. 
 
5. Will the new zoning provide adequate light and air?
Not applicable.
 
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning may have unknown impacts on the transportation network. Individual business may need to provide traffic impact reports when establishing a new location.
 
7. Will the new zoning promote compatible urban growth?
The zoning amendment promotes compatible urban growth in the areas of the City that are zoned CX, I1 and I2. The intended uses may not be an intrusion to these zone districts and the proposed separation requirements will provide buffering to any sensitive land uses.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The zoning amendment considers the character of the CX, I1 and I2 districts and the suitability of the property for the proposed uses for dispensaries, cultivation, processing, manufacturing and transportation. Testing Laboratories will be allowed in additional zone districts - Downtown Support (DX), Central Business District (CBD), EBURD Central Works (CW) and EBURD Industrial Sanctuary (IS) since no sales or production of marijuana would occur at these facilities. DX, CBD, CW and IS already allow all other research and testing laboratories.

9. Will the new zoning conserve the value of buildings?
Not applicable
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of some CX, I1 and I2 zoned areas for dispensaries, cultivation, processing, manufacturing and transportation and the CBD, DX, CW and IS zones for testing laboratories in Billings.