The Zoning Commission is forwarding a recommendation of approval and adoption of the findings for Zone Change 1012, the housekeeping amendments to the new zoning code, on a 4-0 vote.

Since the adoption of Project Re:Code, planning staff has been monitoring the codes success and providing "warranty reports" to City Council. Since adoption, staff has identified small errors in the code. These errors may be incorrect code citations, may be contradictions, or may require clarity. This housekeeping ordinance is intended to resolve these minor errors. The housekeeping ordinance does not contemplate major changes (See the attachments for details). More substantive items are being evaluated and will be proposed for Council consideration later this year.

Planning staff and the Zoning Commission did not receive any public comment on the proposed housekeeping amendments to the new zoning code. The Zoning Commission reviewed the amendments at the public hearing on April 4 and made a minor adjustment to the section regarding sign measurement to further clarify the code. No other revisions were made to the draft ordinance. Commission member Greg McCall made a motion to recommend approval and adoption of the findings of the 10 review criteria to the City Council. The motion was seconded by Commission member Dan Brooks. The Commission voted 4-0 in favor of the motion.

The City Council may:

• Approve and adopt the findings of the ten review criteria for the text amendments as proposed; or
• Approve and adopt the findings of the ten review criteria with changes to the proposed text amendments; or
• Approve some of the proposed text amendments; or 
• Deny the amendments and adopt different findings of the ten review criteria for the text amendments; or
• Delay action on the text amendments to the next City Council hearing date.

Approval of some or all of the text amendments to the zoning regulations will have a financial impact on the City Clerk's and maybe the Planning Division's budget. The city contracts with MuniCode to incorporate changes to the city's code to ensure consistency and accuracy. MuniCode charges the city for this service. City Administration has historically distributed these costs to departments and divisions based on the code amended, although the City Code is for the benefit of everyone in Billings and not one Division or Department. Changes to the zoning code text may be charged to the Planning Division budget under past practice.

 

Prior to making a decision on the proposed amendments, the City Council, shall consider the following recommended findings from the Zoning Commission:

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed minor amendments are consistent with 2016 Growth Policy and the Project ReCode Guiding Principles:   

2016 Growth Policy:

• Essential Investments (relating public and private expenditures to public values)
• Place Making (Enhance, maintain, preserve, and improve existing public places)
• Community Fabric (attractive, aesthetically pleasing, uniquely Billings)
• Strong Neighborhoods (livable, safe, sociable and resilient neighborhoods)
• Home Base (healthy, safe and diverse housing options)
• Mobility and Access (transportation choices in places where goods and services are accessible to all)
• Prosperity (promoting equal opportunity and economic advancement)

Project ReCode Steering Committee Guiding Principles (2019):

• CLARIFY AND SIMPLIFY - All new regulations will be written in Plain English to maximize readers’ ability to find what they need, understand what they find, and use what they find to meet their needs.
• REGULATE WHAT MATTERS - The regulations will have a clear alignment with community goals today while allowing for changing goals in the future.
• PRESERVE AND PROTECT THE RIGHTS OF OWNERS AND RESIDENTS - The regulations will recognize and incorporate clear and well-defined processes that uphold property rights and access to housing choices.
• PREVENT CONFLICTS - The regulations will be internally consistent and will not create direct or un-reconcilable conflicts.
• OPTIONS AND CONTEXT - The regulations will provide a range of site development options with clear criteria and guidelines for allowing alternatives to future development as well as changes to existing neighborhoods as the community’s goals change.
• MAINTAIN WHAT WE CARE ABOUT - The regulations will encourage stability of existing neighborhoods while allowing for changes over time.
• FILL THE VOID – The regulations will consider and include land uses and combinations of land uses that have been overlooked or not considered in the current code and methods for accommodating new use options.
• PROSPERITY – The regulations will serve to support the community’s need and desire to remain regionally competitive in the recruitment of businesses, expansion of existing business, and private investment in the economy, all to promote job creation.

2. Is the new zoning designed to secure from fire and other dangers?
A finding for this criteria is not relevant in the context of minor adjustments to the code.
 
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and safety will be promoted through the text amendments. Clarification and correction of errors in the text will prevent the misinterpretation or mis-application of the code as currently written. These changes will promote public health and safety.
 
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
A finding for this criteria is not relevant in the context of minor adjustments to the code.

5.  Will the new zoning provide adequate light and air?
A finding for this criteria is not relevant in the context of minor adjustments to the code.

6.  Will the new zoning effect motorized and non-motorized transportation?
A finding for this criteria is not relevant in the context of minor adjustments to the code.  

7. Will the new zoning will promote compatible urban growth?
The zoning amendment promotes compatible urban growth in the areas of the City by correcting errors in the adopted code.
 
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
A finding for this criteria is not relevant in the context of minor adjustments to the code.  

9. Will the new zoning conserve the value of buildings?
A finding for this criteria is not relevant in the context of minor adjustments to the code.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
A finding for this criteria is not relevant in the context of minor adjustments to the code.