Planning staff recommends the City Council hear the overview of the amendments to the zoning code staff has collected and identified, review the proposed phasing of those amendments through the public hearing process, and provide direction to staff on the topic areas of the code presented to finalize the drafting of the amendments.

In February 2021, the City Council adopted a new zoning code and zoning map for the entire city. The Council directed to staff to continually monitor the new code to ensure the text of the regulations was working as intended and any corrections or housekeeping changes could be made. The Council also directed staff to monitor the implementation to consider any substantive changes to adjust the code, so it continues to provide support to the development goals of the adopted Growth Policy and general policies of Billings.

Planning staff brought forward a bundle of code corrections and amendments last year (June 2022). Those amendments were approved by the Council. Planning staff has been working on more substantive amendments to the code based on staff experience implementing the new code, information from professionals who use the code, and from the Council in its reviews of zoning applications. These substantive amendments include adjustments to the Neighborhood building and siting Standards, the Sign code, the Planned Neighborhood Development (PND) process, Open Space requirements for PNDs and multifamily developments, zoning at annexation as well as the right to rebuild residential structures in mixed-use and commercial zone districts. These adjustments are not indicators of a "broken" set of regulations. Just as a new car or truck has a break-in period, so do new codes and regulations. As a completely new code, the need to monitor for glitches or "pain points" is important. These adjustments are just part of breaking in a new code. Planning staff believes this set of amendments should be the last significant adjustments needed for a few years. Planning staff and the City Council should re-visit the zoning and other land development codes regularly and when a new Growth Policy is adopted. 

Proposed Amendments and Phasing:
May or June:

• Garage entry door location for property zoned NX1 or NX2.
• Sign code amendments to address existing nonconforming wall signs, other nonconforming signs and separations between off-premise signs and residential zones.
• Adjustments to Building and Siting Standards for Neighborhood and Mixed Neighborhood ones
• Fence materials in Commercial and Residential zones

June or July:

• Council action options for special reviews and zone changes
• Open Space provisions in NX and PND district assembly
• Allow rebuild of Residential Structures in Commercial and Mixed Use zones by right
• Step-backs of taller buildings between Neighborhood and Mixed Neighborhood zones

July or August:

• Updates to Administrative Relief provisions
• Landscape Plan clarifications for residential (one and two family) lots
• Housekeeping amendments to correct errors and cross-references in other city codes
• Special Review criteria
• Zoning at Annexation

Planning staff has met with the Homebuilders Association (HBA) several times over the last 18 months to discuss the changes to the Neighborhood and Mixed Neighborhood zone districts. More recently, the city staff has met with business owners and landlords of commercial property regarding the nonconforming section of the sign code as well as the types of fence material allowed in commercial and residential zone districts. In general, these discussions have been productive and staff believes these code amendments can be brought forward in a timely manner.

The implementation of the new zoning code by staff and professionals has gone smoothly and where we have encountered oddities or "clunkiness", those areas have been remedied through code interpretations, or amendments drafted or already approved by the City Council. Although the code takes up several hundred pages of the city code, it has met the 2016 Growth Policy goals more effectively than the previous code, has used clear and simple language and administration of the code is straight-forward. The Steering Committee for the code update adopted by the Council in February 2021, used a set of Guiding Principles for their work:

• 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.

These guiding principles are important to staff and the Council as we bring forward adjustments to the new code. Just like the zoning code cannot stand on its own without the correlated and inter-related sections of the entire city-code, no single section of the zoning code can be adjusted without considering the effects of those changes on other parts of the zoning code. Careful drafting and proofreading of code amendments is required. Planning staff will continue to work with property owners, and industry representatives on these code amendments to keep everyone informed prior to release of drafts for public hearings. All amendments will be advertised and posted on our webpages and mailed to interested parties. Public hearings are required before the Zoning Commission and City Council. 

City Council may give direction to staff to begin finalizing code amendment drafts based on this overview and may initiate these amendments formally at a future regular Council meeting. Draft language is not final language for public hearings at this time. Drafting and amending drafts will continue even through the public hearing process. The City Zoning Commission may recommend changes to code amendment drafts to the Council and the Council may amend code drafts at its public hearing prior to approval on first or second reading.

Adoption of code amendments may affect the Planning Division budget. Municode is the official codification company for Billings. Every amendment to the code has a fee that has usually been assessed and paid for by a department or division. However, the zoning code does not belong to the Planning Division. The zoning code belongs to the City of Billings and its residents. It would be appropriate and accurate for any codification costs for zoning code updates be covered through the general fund.