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1 ORDINANCE NO. 05-5345 AN ORDINANCE OF THE CITY OF BILLINGS, PROVIDING THAT THE BILLINGS, MONTANA CITY CODE BE AMENDED BY REVISING SECTION 27-201 AND SECTION 27-306; ADDING A DEFINITION OF LIMITED PAHRMACEUTICAL MANUFACTURING AND SETTING LIMITED PHARMACEUTICAL MANUFACTURING USES ALLOWED IN HIGHWAY COMMERCIAL AND CONTROLLED INDUSTRIAL ZONING DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: Section 1. RECITALS. Title 76, Chapter 2, Part 3, MCA, and Section 27-1502, BMCC, provide for amendment to the City Zoning Regulations from time to time. The Board of Planning initiated the amendment to the City Zoning Regulations and the City Zoning Commission and staff have reviewed the proposed zoning regulations hereinafter described. The recommendations of the Zoning Commission and staff have been submitted to the City Council, and the City Council, in due deliberation, has considered the proposed amendments to the City Zoning Regulations. Section 2. That the Billings, Montana City Code be amended by revising Section 27- 201 to add a new definition to read as follows: LIMITED PHARMACEUTICAL MANUFACTURING: Establishments primarily engaged in manufacturing bulk organic and inorganic medicinal chemicals and their derivatives and processing bulk botanical drugs and herbs. This definition also includes premises engaged in manufacturing, fabricating, or processing drugs in pharmaceutical preparations for human or veterinary use. Section 3. That the Billings, Montana City Code be amended by revising Section 27- 306 District Regulations: Commercial and Industrial Uses to read as follows: TITLES AND DESCRIPTION OF INDUSTRIES SR - SPECIAL REVIEW A - ALLOWED Residential Professional Neighborhood Commercial Community Commercial Highway Commercial Central Business District Controlled Industrial Heavy Industrial Public South 27th Street Corridor 28 CHEMICALS AND ALLIED PRODUCTS: − Offices only − 2833 –Medicinal & Botanical products − 2834 – Pharmaceutical Preparations A A A A A A A A A A A A A A A ---PAGE BREAK--- 2 Section 4. REPEALER. All resolutions, ordinances and sections of the City Code in conflict herewith are hereby repealed. Section 5. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provisions or application, and, to this end, the provisions of this ordinance are declared to be severable. Section 6. EFFECTIVE DATE. This ordinance shall be effective from and after final passage and as provided by law. PASSED by the City Council on first reading September 26, 2005. PASSED, ADOPTED AND APPROVED on second reading October 11, 2005. CITY OF BILLINGS: BY: Charles F. Tooley, Mayor ATTEST: BY: Marita Herold, CMC/AAE, City Clerk Zone Change #766 Unified Zoning Regulations Text Amendments Limited Pharmaceutical Manufacturing ---PAGE BREAK--- 3 ATTACHMENT B Excerpts from the SIC Manual, 1987 SIC Manual is adopted as part of the Unified Zoning Regulations Section 27-307, BMCC SIC 2833 and SIC 2834, specified uses 2833 Medicinal Chemicals and Botanical Products Establishments primarily engaged in: manufacturing bulk organic and inorganic medicinal chemicals and their derivatives and processing (grading, grinding, and milling) bulk botanical drugs and herbs. Included in this industry are establishments primarily engaged in manufacturing agar-agar and similar products of natural origin, endocrine products, manufacturing or isolating basic vitamins, and isolating active medicinal principals such as alkaloids from botanical drugs and herbs. Adrenal derivatives: bulk, uncompounded Agar-agar (ground) Alkaloids and salts Anesthetics, in bulk form Antibiotics: bulk uncompounded Atropine and derivatives Barbituric acid and derivatives: bulk, uncompounded Botanical products, medicinal: ground, graded, and milled Brucine and derivatives Caffeine and derivatives Chemicals, medicinal: organic and inorganic bulk, uncompounded Cinchona and derivatives Cocaine and derivatives Codeine and derivatives Digitoxin ---PAGE BREAK--- 4 Drug grading, grinding, and milling Endocrine products Ephedrine and derivatives Ergot alkaloids Fish liver oils, refined and concentrated for medicinal use Gland derivatives: bulk uncompounded Glycosides Herb grinding, grading, and milling Hormones and derivatives Insulin: bulk, uncompounded Kelp plants Mercury chlorides, U.S.P. Mercury compounds, medicinal: organic and inorganic Morphine and derivatives Oils, vegetable and animal: medicinal grade refined and concentrated Opium derivatives Ox bile salts and derivatives: bulk, uncompounded Penicillin: bulk, uncompounded Physostigmine and derivatives Pituitary gland derivatives: bulk, uncompounded Procaine and derivatives: bulk, uncompounded Quinine and derivatives Reserpines ---PAGE BREAK--- 5 Salicylic acid derivatives, medicinal grade and derivatives Sulfa drugs: bulk, uncompounded Sulfonamides Theobromine Vegetable gelatin (agar-agar) Vitamins, natural and bulk, uncompounded 2834 Pharmaceutical Preparations Establishments primarily engaged in manufacturing, fabricating, or processing drugs in pharmaceutical preparations for human or veterinary use. The greater part of the products of these establishments are finished in the form intended for final consumption, such as ampoules, tablets, capsules, vials, ointments, medicinal powders, solutions, and suspensions. Products of this industry consist of two important lines, namely: pharmaceutical preparations promoted primarily to the dental, medical, or veterinary professions, and pharmaceutical preparations promoted primarily to the public. Adrenal pharmaceutical preparations Analgesics Anesthetics, packaged Antacids Anthelmintics Antibiotics, packaged Antihistamine preparations Antipyretics Antiseptics, medicinal Astringents, medicinal ---PAGE BREAK--- 6 Barbituric acid pharmaceutical preparations Belladonna pharmaceutical preparations Botanical extracts: powdered, pilular, solid, and fluid, except Chlorination tablets and kits (water purification) Cold remedies Cough medicines Cyclopropane for anesthetic use (U.S.P. par packaged Dermatological preparations Dextrose and sodium chloride injection, mixed Dextrose injection Digitalis pharmaceutical preparations Diuretics Effervescent salts Emulsifiers, fluorescent inspection Emulsions, pharmaceutical Fever remedies Galenical preparations Hormone preparations, except diagnostics Insulin preparations Intravenous solutions Iodine, tincture of Laxatives Liniments ---PAGE BREAK--- 7 Lip balms Lozenges, pharmaceutical Medicines, capsuled or ampuled Nitrofuran preparations Ointments Parenteral solutions Penicillin preparations Pharmaceuticals Pills, pharmaceutical Pituitary gland pharmaceutical preparations Poultry and animal remedies Powders, pharmaceutical Procaine pharmaceutical preparations Proprietary drug products Remedies, human and animal Sodium chloride solution for injection, U.S.P. Sodium salicylate tablets Solutions, pharmaceutical Spirits, pharmaceutical Suppositories Syrups, pharmaceutical Tablets, pharmaceutical Thyroid preparations ---PAGE BREAK--- 8 Tinctures, pharmaceutical Tranquilizers and mental drug preparations Vermifuges Veterinary pharmaceutical preparations Vitamin preparations Water decontamination or purification tablets Water, sterile: for injections Zinc ointment