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1 ORDINANCE 05-5330 AN ORDINANCE OF THE CITY OF BILLINGS, PROVIDING THAT THE BILLINGS, MONTANA CITY CODE BE AMENDED BY REVISING SECTION 27-305 AND SECTION 27-306; SETTING STANDARDS FOR ALL UTILITY AND PIPELINE TRANSMISSION AND DISTRIBUTION SYSTEMS, ADOPT THE REVISIONS AS AN INTERIM ZONING REGULATION AND SET A TIME PERIOD FOR THE REGULATION TO BE EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: 1. RECITALS. Title 76, Chapter 2, Part 3, MCA, provides for the enactment as a matter of urgency an interim zoning regulation. The City Zoning Commission and staff have reviewed the proposed interim zoning regulation and determined there is a matter of urgency to be addressed by the interim zoning regulation. 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 interim zoning regulation. 2. DESCRIPTION. The interim zoning regulation shall apply to all land within the City Of Billings. 3. INTERIM ZONING REGULATION. That Section 27-305 of the BMCC be amended to read as follows: 4. TITLES AND DESCRIPTION OF INDUSTRIES SR - SPECIAL REVIEW A - ALLOWED Agricultural - Open Space Agricultural - Suburban Residential - 15,000 Residential - 9,600 Residential - 8,000 Residential - 7,000 Restricted Residential - 7,000 Residential - 6,000 Restricted Residential - 6,000 Residential - 5,000 Residential Multi- Family Residential Multi- Family - Restricted Residential Manufactured Home KENNELS: − Commercial − Noncommercial A A SR A A A A A A A A A A A A LANDFILLS: RECLAMATION, SANITARY DUMP SITES AND SANITARY INCINERATORS SR LIBRARIES, MUSEUMS AND ART GALLERIES SR SR SR SR SR SR SR SR SR SR SR SR SR ---PAGE BREAK--- 2 LIVESTOCK: COMMERCIAL FEEDING YARDS AND AUCTION HOUSES SR LIVESTOCK AND FOWL * (County Only) * See BMCC Section 27-607 for Minimum Area Requirements A* A* A* A* A* A* LUMBER, PLYWOOD AND SHINGLE MILLS SR MANUFACTURED HOME PARKS SR SR SR A PARKING, PUBLIC SR SR SR SR SR SR SR SR SR SR SR SR SR PIPELINES AND DISTRIBUTION LINES (OIL AND GAS) AND ACCESSORY STRUCTURES A SR A A A A A A A A A A A A PUBLICLY-OWNED OR GOVERNMENT OPERATED BUILDINGS AND USES SR SR SR SR SR SR SR SR SR SR SR SR SR RECREATION: − Commercial − Noncommercial SR A SR A SR A SR A SR A SR A SR A SR A SR A SR A SR A SR A SR A REHABILITATIVE CENTERS SR SR SR SR SR SR SR SR SR SR SR SR SR ---PAGE BREAK--- 3 TITLES AND DESCRIPTION OF INDUSTRIES SR - SPECIAL REVIEW A - ALLOWED Agricultural - Open Space Agricultural - Suburban Residential - 15,000 Residential - 9,600 Residential - 8,000 Residential - 7,000 Restricted Residential - 7,000 Residential - 6,000 Restricted Residential - 6,000 Residential - 5,000 Residential Multi- Family Residential Multi- Family - Restricted Residential Manufactured Home RODEOS AND INDOOR AND/OR OUTDOOR ROPING ARENAS SR SCHOOLS (PUBLIC OR PRIVATE): − Preschool, elementary, junior or senior high − Colleges and universities − Trade or vocational-technical SR SR SR SR SR SR SR SR SR SR SR SR SR SR SR SR SR STABLES: − Commercial − Private * * See BMCC Section 27-607 for minimum Area Requirements A A* SR A* A* A* A* A* TRANSMISSION AND DISTRIBUTION LINES (ELECTRIC) AND ACCESSORY STRUCTURES A SR A A A A A A A A A A A A TRAVEL TRAILER PARKS SR SR UTILITIES (PUBLIC SERVICE INSTALLATIONS): − Station only − Storage yard A SR SR SR SR SR SR SR SR SR SR SR SR SR VETERINARY CLINICS: − Boarding − Outpatient only A A SR SR and that Section 27-306 of the BMCC be amended to read as follows: ---PAGE BREAK--- 4 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 49 ELECTRIC, GAS, AND SANITARY SERVICES: − Offices only − Municipal water supply (4941) or sewerage (4952) treatment facilities − 4953 Refuse systems* − Sanitary landfills − Transmission and distribution, electric and gas − Production, manufacture and generation, electric or gas − All others this group * See BMCC Sec. 27- 605 Hazardous Waste Facilities A A SR A A SR A A SR A A SR A A SR A A SR SR SR A A SR A SR SR SR A SR A SR A A SR 4. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. 6. EFFECTIVE DATE. This ordinance shall be effective from and up to six months after final passage and as provided by law. APPROVED by the City Council on first reading June 13, 2005. ---PAGE BREAK--- 5 APPROVED AND ADOPTED on second reading June 27, 2005. CITY OF BILLINGS: BY: Charles F. Tooley, Mayor ATTEST: BY: Marita Herold, CMC/AAE, City Clerk ZC#759 – Interim Zoning Regulations