03-26-84 Annexation CommitteeANNEXATION COMMITTEE
COUNCIL CHAMBERS 7:30 P. M. MONDAY-MARCH 26, 1984
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PRESENT: Mayor McDowell; Councilmen Manning, ,Schindler, Palmer, Nystul, Saverud,
Grainger, Springer and Ruiz; City Attorney Neier; Building Official Peterson; James
Stephens and Ed Trippet, Zoning Commission; Jim Mohn, FRIO; and Attorney Norbert
Donahue.
Councilman Manning explained the reason for the meeting. Former Annexation Chairman
Palmer had received requests to reduce the number of zones in the City. At a previous
meeting to discuss the request, former City Attorney Donahue voiced his opinion that
the zoning should be left at the present number. We are now meeting as an entire
Council to discuss the request. Attorney Donahue was asked to speak first.
Donahue stated that he had no ax to grind, but would like to use his years of
experience to keep this Council from making an error. Back in 1947 the City had
7 zones. There were problems with implementation and the Board of Adjustment had
to resolve many problems and zoning conflicts.
In 1977 the Council was approached by the APO Office to rezone. A model ordinance
was used and many of the zones were not applicable at the time, but were included
because there might be a ne'dd. Having them there"Huns no one. The City was
divided into about 20 areas and a public hearing heard on each one. Persons in each
area with special problems were dealt with and the entire City was rezoned with the
exception of Meridian Addition which is still in question. The BOA now deals with
conditional use permits instead of variances, variances were not recorded, but the
• conditional use permits are and we have much better records.
The reason for so many zones is because the Downtown Redevelopment Area has its
own zoning ordinance and is not the same as for the rest of the City. However, this
was a requirement of the Federal Government in order to be eligible for their grants
and we cannot help this.
Donahue recommended that the zoning ordinance be left as is and amend when necessary.
There have already been amendments and there can be more.
Building Official Peterson stated that in day to day use the ordinance is complex.
Few people understand and I am continually explaining. We continually find things
that are not listed as allowable. There are new businesses that are types that did
not exist when the ordinance was enacted. Most real estate people do not try to
read the ordinance, they just call. If there were less zones it would not be quite
so complicated.
Councilman Grainger stated he thought that when the Council hassled the non -conforming
uses, we voted both ordinances the same. Peterson stated that they are different.
City Attorney Neier stated that he tries to assist the BOA and Building Official
Peterson with each of their problems as they arise with a written opinion. Some can
be handled by an amendment. Some are questions about specific langaW in the
ordinance. Perhaps the present ordinance can be used by amending to take care of
specific problems. It would cause problems to try to blend the two ordinances.
The Downtown Ordinance allows buildings to go up and the other out.
Jim Mohn, FRDO, explained why the new ordinance was drawn and how it was done. A
model ordinance was followed which was similar to Billings and Helena.. Very lengthy.
FRDO has now come up with an idea for 10 zones that would cover and aocomodate
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COUNCIL CHAMBERS
ANNEXATION COMMITTEE
7:30 P. M. MONDAY-MARSH 26, 1984
the best uses. However, if you consider a new ordinance it will take 2 years again
as it did before.
James Stephens, President of the Zoning Commission, sits on the City -County Planning
Board also. He stated he realized the complexity of the number of zones. He apprec-
iated hearing Attorney Donahue's view and also the informative pamphlet prepared by
FRIO. He stated his willingness to help Building Official Peterson any way that he
could. It would be quite an effort to redo or enact another ordinance and it really
has not been in existence that long. He felt that it will become easier to administer.
Councilman Saverud stated that the Council is too busy to totally redo the ordinance.
If we can lump some zones together without doing a new one this would be satisfactory.
Councilman Palmer stated that he has worked with the ordinance for two years, and as
a councilman and realtor has difficulty with the ordinance.
Councilman Ruiz stated that he thinks the ordinance is working well. We used to have
people approach us all the time with problems, but there has not been anyone for 2-J
years. We should continue with this ordinance and when there is a specific problem,
handle it as it comes.
• Peterson stated that he has made his own chart in his office which helps more with
what can be a conforming use in each zone.
There were several requests for this list..
Councilman Manning concluded by stating that since the majority of the members wish
to continue with the present ordinance for the time being, he will so report to the
Zoning Commission.
Meeting adjourned at 9:15 P. M.