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ORDINANCE NO. 07-5430 AN ORDINANCE OF THE CITY OF BILLINGS, PROVIDING THAT THE BILLINGS, MONTANA CITY CODE BE AMENDED BY REVISING SECTION 27-623; COUNTY ZONING COMPLIANCE PERMITS, ADOPT THE REVISIONS AS AN AMENDMENT TO THE CITY CODE AND SET A TIME PERIOD FOR THE REGULATION TO BE EFFECTIVE. 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 City Council 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. DESCRIPTION. The zoning regulation shall apply to all land within the City of Billings. Section 3. That the Billings, Montana City Code be amended by revising Section 27-623 to authorize the assessment of a fee for zoning compliance review of building permits: Sec 27-623. County Zoning Compliance Permits Required Permits Required. A Zoning Compliance Permit is only required for properties that are located outside the limits of the City of Billings but within the Unincorporated Jurisdictional Area. A Building Permit is required for properties located inside the limits of the City of Billings. County Zoning Compliance Permit No change of land use may be made; or no building or other structure shall be erected, moved, enlarged, rebuilt, added to, or structurally altered without first having received a Zoning Compliance Permit issued by the Zoning Coordinator or his/her designee, who shall determine that the permit is issued in compliance with the regulations set forth in this Resolution/Ordinance. The review of a Zoning Compliance Permit application shall be limited only to a review of the applicable zoning regulations and shall not constitute a review of compliance with any applicable building codes. A separate sign permit is required prior to the erection of any sign. Each application for a Zoning Compliance Permit shall be accompanied by a site plan, building elevations and any other information requested by the Zoning Coordinator to adequately review the proposed project. Additionally, commercial projects require submittal of a landscaping plan ---PAGE BREAK--- and a site plan showing off-street parking, loading, etc. The Board of County Commissioners may set an application fee by Resolution for review of a Zoning Compliance Permit. The Zoning Coordinator or his/her designee may waive the submittal requirements for some of the above- mentioned plans. Zoning Compliance Permits are valid for a period of six- months from the date of approval and may be extended for an additional six-(6) months with written approval from the Zoning Coordinator.” City Building Permit Any building permit application submitted to the City Building Division for the purpose of erecting, moving, enlarging, rebuilding, adding to, or structurally altering a structure must be reviewed and approved by the Zoning Coordinator or his/her designee for compliance with the applicable zoning regulations. Each building permit application shall be accompanied by a zoning compliance review fee established by Council Resolution. This fee shall be in addition to the building permit fee required under Sec. 6-202, BMCC. The fee shall be established by Council Resolution. Section 4. REPEALER. All ordinances or parts of ordinances 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 August 27, 2007. PASSED, ADOPTED AND APPROVED on second reading September 10, 2007. CITY OF BILLINGS: BY: Ron Tussing, Mayor ATTEST: BY: Cari Martin, City Clerk ZC#818 – Amending Section 27-623, Zoning Compliance Permits Required