OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Board Meeting on Zoning Code Update - July 31, 2025

Council of Commissioners & CommitteesThursday, July 31, 2025
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, July 31, 2025
StatusFILED
Video Record

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Transcript — Verbatim
2:20

All right.

2:21

Welcome everyone to tonight's planning board meeting.

2:25

Today is July thirty first.

2:31

So first we'll take a roll call of members.

2:33

Mike McLeod.

2:41

Josh O'Neill, Mark Garf, Margot Enns, and Maisie Salzer.

2:49

All right.

2:50

We do have a quorum tonight.

2:54

All right, for for folks here in the audience.

2:57

Our our meeting tonight will be will consist of a presentation, and then we will call up any member of the public that would like to make a comment on the presentation or any um any part of the zoning ordinance.

3:12

We'll call for proponents and opponents, and then we will have a discussion among the board.

3:19

Okay.

5:04

This growth policy, which is now called the Comprehensive Plan, was adopted by the Butte Silver Bow Council of Commissioners in 2021.

5:12

This document had a significant public process that was attended to as part of that.

5:19

And a number of the rain is very distracting, by the way, I'll just add that for a second.

5:27

That was held to understand the public's interest in the future land use priorities of Butte Silverbow.

5:34

It includes not only a vision statement for our community, but it selects specific provisions that will formulate and support the future development of our community.

5:45

One of which those goals is the rewrite of the growth policy.

5:49

Under Montana statute, comprehensive plans are the future land use planning document that is utilized to guide land use planning in the state, and land use regulations which are applied through a zoning ordinance are required by law to comply with those provisions.

6:07

So to give general context and goals of that process, the code rewrite addresses the disconnect between the existing code and the historic and desired land use and development patterns that have been communicated by our public through the public processes.

6:22

It ensures that the zoning districts in the community and their standards facilitate the desired development and redevelopment priorities expressed through the process.

6:32

In addition, it improves the clarity and transparency in the regulations, and it updates antiquated definitions to resolve contradictions that are found within the previous or current code.

6:44

And generally promoting a better mix of uses and incentivizing good development that aligns with Butte Silver Bow's comprehensive plan.

6:55

Following the adoption of the Butte Silver Bow Comprehensive Plan in 2021, the planning department initiated a update to the process by conducting stakeholder meetings and engagement and followed by surveys, analysis, and an audit of the existing zoning code.

7:13

The result of that was an audit document that identifies the key priorities of the community in updating the code.

7:22

Primary about among them is the transparency and the regulatory expectations that are provided to the community among use contradictions and other challenges that lend to difficulty when development does occur in our community.

7:38

The code rewrite formally began in July of 2023, but following staffing changes, both in the planning department and within the Orion planning and design team, there have been delays in the drafting process.

7:52

The code draft did begin again in January of 2024.

7:56

And it the working draft was presented to you initially June 26th of this year and is in the middle of a public process to solicit public input to shape the regulation further.

8:12

As part of the audit outcome, a table of contents that generally reorganizes the code in a much more structured way was provided.

8:21

The structural highlights are an organized document with ease of navigation and clarity aided by the table of contents.

8:29

It combines both new and improved additions to the existing content, and it is designed to align with the Butte Silverbow Comprehensive Plan.

8:42

Chapter one of the new code is generally focused around key provisions.

8:47

Within the existing code, the primarily focuses on title interpretation and purpose, establishing minimum requirements for the general welfare of welfare of the public, and it addresses conflicts with other ordinances and rules.

9:00

However, the code does require to have a does require a greater connection with state law and the Butte Silver Bow Comprehensive Plan in a much more explicit manner.

9:10

Therefore, Chapter 1 retains the core purposes of promoting health safety and general welfare, but it explicitly links the ordinance to the Montana Code for authority and compliance.

9:21

It emphasizes implementation of the Butte Silver Bow Comprehensive Plan.

9:25

It introduces detailed rules for interpretation of district boundaries and how we as staff resolve conflicts, and it introduces detailed rules for interpreting zoning district boundaries and the resolution of conflicts when considering those boundaries.

9:42

Chapter 2 focuses on the applicability and conformity matters of the case.

9:47

Sorry to interrupt.

9:48

I think you're one slide behind.

9:50

I apologize for that.

10:00

The existing code concepts were integrated within other chapters, such as the general provisions or specific district regulations, and no one chapter existed for applicability and conformity, leading to potential confusion and inconsistent application.

10:08

The new code directs a chapter that explicitly outlines the jurisdiction of the ordinance to the zoned areas.

10:15

It concludes clearly defines compliance requirements for land use and structures.

10:20

It emphasizes the uniformity within districts and the conformity with other laws, and it clarifies that which is more restrictive in provision to govern in the case of conflict, and also includes transitional rules or guidance to manage the shift from the current code into the new code.

10:42

Chapter three zoning districts.

10:45

In the existing code, zoning districts are defined in district chapters that are very heavy with text, redundancies, and contradictions.

10:53

The existing districts were poorly aligned to the current and accepted comprehensive plan, and in general do not align with both the historic and desired modern development plans.

11:03

For example, Butte existed and was developed far far earlier than the 1976 zoning code, and over that time developed in a haphazard and irregular pattern that resulted in the development pattern you see today in the historic area of the community.

11:22

Through the public processes, we learn from our public that that is a desired development pattern that we would like to see emulated in the future.

11:30

And so the new code establishes a set of new zoning districts designed to align with the Butte Silverbow Comprehensive Plan place types.

11:38

Most districts are modified and renamed from their existing districts.

11:42

And in some cases, new districts or overlay zones have been provided for context, character, and development styles that were not previously addressed.

11:52

The code moves away from a pyramidal structure and focuses slightly more on the built form, and it creates new overlay districts that pertain to the Big Hole River in Silver Boat Creek, our historic district, the airport, and our neighborhoods.

12:09

One key element in this you'll notice is the illustration in the bottom left-hand corner.

12:15

Each of the districts will be discussed now using both narrative tables with the specific design patterns that are required in each district, and district illustrations to provide clarity to applicants on how we will interpret those definitions and how we will measure in the cases of our proposals.

12:39

As part of the comprehensive planning process, a place types map or a comprehensive plan place types map was created.

12:47

In general, the place types are addressed in detail within the comprehensive plan, indicating place types as varied as open lands, working lands, rural residential areas, areas and rural crossroads, suburban neighborhoods, suburban mix, the south and north corridors, the uptown neighborhoods, and our economic drivers.

13:10

Under the current zoning district, you can see on the left-hand side the current use district and how it aligns with the place type and the proposed zoning districts when rezoning does take place.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████69%
Historic Preservation████████12%
Public Engagement█████8%
Procedural██3%
Energy Policy██3%
Environmental Protection2%
Cannabis Regulation2%
Economic Development1%
Summary of Proceedings

Planning Board Meeting on Zoning Code Update - July 31, 2025

The Butte-Silver Bow Planning Board held a public hearing on July 31, 2025, to receive public comment on the proposed comprehensive zoning code rewrite. The meeting featured a detailed presentation by Director Julia Crane, followed by extensive public testimony and board discussion. No votes were taken; the board is to deliberate further at a working meeting on August 28, 2025.

Public Comments & Testimony

  • Brian Curry (914 Lewis Street): Expressed concern that the drive-in theater would be lost under the new zoning; urged protections for the drive-in and opposed industrial noise.
  • Mike Flannick (Ramsey): Supported the code update but urged consideration of county culture, protection of residential neighborhoods near industrial areas, and called for removing the rural center district for Rocker.
  • Mick Ringsack (3310 Hannibal): Commended staff but asked for simpler code; emphasized the drive-in's historical value, citing 600–1,000 people per day at the intersection and a petition with 1,000 signatures, many from out of town.
  • Jim Cavich (2835 White Boulevard): Praised the planning department's forward thinking and noted the drive-in's importance to the community.
  • James Jones (1647 Hancock): Local historian stressed the drive-in's historical significance and urged protection.
  • Holly Hansen (drive-in operator): Said the family has operated the drive-in for 47–48 years; noted that the draft code does not define a drive-in theater and that Table 151 would make it non-conforming; asked for protection for all properties in the RM2/HI zone.
  • Elaine Jonart (drive-in owner): Stated that on one June night, 171 cars were present, 51 from out of town; quoted the draft code's intent not to encourage survival of nonconformities; proposed that new industrial businesses be required to follow the same rules as data centers (visual screening, noise reduction, dark sky compliance).
  • Jen Sanson (drive-in operator): Emphasized the drive-in's role in storytelling and the importance of dark skies for image quality; urged board to help preserve the business.
  • Chris Sherrill (101 Maud S Canyon): Expressed concern that the proposed change from R1S to suburban residential would eliminate the allowance for horses/livestock; also noted contradictions in urban camping provisions.
  • Darien McCracken (822 Emma Street): Criticized the county for undervaluing the drive-in's historical significance; cited the loss of a drive-in in Lewistown due to industrial zoning.
  • Janice Cheryl (101 Maud S Canyon): Appreciated staff efforts but raised concerns about passive recreation definitions allowing hunting and unregulated camping in residential zones; also called for better sidewalk accessibility.
  • Jennifer Curry (914 Lewis): Expressed fear that the zoning update would bring more pot shops and bars; said the drive-in is a safe place for her son.

Presentation and Discussion

  • Director Julia Crane presented the zoning code rewrite, explaining that it updates the 1970s-era code to align with the 2021 Comprehensive Plan. Key changes include: new zoning districts based on place types, form-based building standards, mixed-use allowances, reduced parking requirements, improved landscaping and sign regulations, environmental design and hazard mitigation (including wildfire and flood), and streamlined administrative procedures.
  • The code aims to reduce the need for variances by providing clearer standards and more flexibility for adaptive reuse.
  • The public comment period extends through August 8, 2025, with an additional open house on August 4, 2025, and a working meeting on August 28, 2025.

Board Questions and Discussion

  • Chairman Steitzer clarified that the non-conformity language in the proposed code (Chapter 13) is similar to the existing code but adds flexibility for maintenance, expansion, and accessibility improvements.
  • Member O'Neill expressed concern about the loss of horse allowances in suburban residential areas and stressed the need to protect legacy properties.
  • Member Jackshaw asked about a future zoning map; Director Crane stated that the comprehensive plan place types map is the current guide and a detailed map will come later.
  • Member Sulser emphasized the importance of considering the county's unique mix of city and county land, and the need to address historical structures and existing businesses. She also suggested hyperlinking the draft document.
  • Member Garf asked about the wildland-urban interface overlay and whether the draft ensures hunting is not permitted in residential zones. Director Crane confirmed that hunting would not be allowed in residential areas.
  • Member Enns inquired about requiring renewable energy for data centers; Director Crane noted that may be constrained by state law but could be pursued.
  • Member Riley asked about protecting the drive-in from adjacent development; Director Crane explained that specific use conditions (light, noise mitigation) could be added to the new industrial zone.

Key Outcomes

  • No formal action was taken; the board will hold a working meeting on August 28, 2025, to consider public comments and refine the draft.
  • The public comment period remains open until August 8, 2025; an additional open house is scheduled for August 4, 2025 (noon and 6 p.m.) at the Archives Auditorium.
  • The board expressed interest in developing a "legacy provision" to protect existing businesses and property uses, such as the drive-in and horse properties, as the code moves forward.

Meeting Transcript

All right. Welcome everyone to tonight's planning board meeting. Today is July thirty first. So first we'll take a roll call of members. Mike McLeod. Josh O'Neill, Mark Garf, Margot Enns, and Maisie Salzer. All right. We do have a quorum tonight. All right, for for folks here in the audience. Our our meeting tonight will be will consist of a presentation, and then we will call up any member of the public that would like to make a comment on the presentation or any um any part of the zoning ordinance. We'll call for proponents and opponents, and then we will have a discussion among the board. Okay. This growth policy, which is now called the Comprehensive Plan, was adopted by the Butte Silver Bow Council of Commissioners in 2021. This document had a significant public process that was attended to as part of that. And a number of the rain is very distracting, by the way, I'll just add that for a second. That was held to understand the public's interest in the future land use priorities of Butte Silverbow. It includes not only a vision statement for our community, but it selects specific provisions that will formulate and support the future development of our community. One of which those goals is the rewrite of the growth policy. Under Montana statute, comprehensive plans are the future land use planning document that is utilized to guide land use planning in the state, and land use regulations which are applied through a zoning ordinance are required by law to comply with those provisions. So to give general context and goals of that process, the code rewrite addresses the disconnect between the existing code and the historic and desired land use and development patterns that have been communicated by our public through the public processes. It ensures that the zoning districts in the community and their standards facilitate the desired development and redevelopment priorities expressed through the process. In addition, it improves the clarity and transparency in the regulations, and it updates antiquated definitions to resolve contradictions that are found within the previous or current code. And generally promoting a better mix of uses and incentivizing good development that aligns with Butte Silver Bow's comprehensive plan. Following the adoption of the Butte Silver Bow Comprehensive Plan in 2021, the planning department initiated a update to the process by conducting stakeholder meetings and engagement and followed by surveys, analysis, and an audit of the existing zoning code. The result of that was an audit document that identifies the key priorities of the community in updating the code. Primary about among them is the transparency and the regulatory expectations that are provided to the community among use contradictions and other challenges that lend to difficulty when development does occur in our community. The code rewrite formally began in July of 2023, but following staffing changes, both in the planning department and within the Orion planning and design team, there have been delays in the drafting process. The code draft did begin again in January of 2024. And it the working draft was presented to you initially June 26th of this year and is in the middle of a public process to solicit public input to shape the regulation further. As part of the audit outcome, a table of contents that generally reorganizes the code in a much more structured way was provided. The structural highlights are an organized document with ease of navigation and clarity aided by the table of contents. It combines both new and improved additions to the existing content, and it is designed to align with the Butte Silverbow Comprehensive Plan. Chapter one of the new code is generally focused around key provisions. Within the existing code, the primarily focuses on title interpretation and purpose, establishing minimum requirements for the general welfare of welfare of the public, and it addresses conflicts with other ordinances and rules. However, the code does require to have a does require a greater connection with state law and the Butte Silver Bow Comprehensive Plan in a much more explicit manner. Therefore, Chapter 1 retains the core purposes of promoting health safety and general welfare, but it explicitly links the ordinance to the Montana Code for authority and compliance. It emphasizes implementation of the Butte Silver Bow Comprehensive Plan. It introduces detailed rules for interpretation of district boundaries and how we as staff resolve conflicts, and it introduces detailed rules for interpreting zoning district boundaries and the resolution of conflicts when considering those boundaries. Chapter 2 focuses on the applicability and conformity matters of the case. Sorry to interrupt. I think you're one slide behind. I apologize for that. The existing code concepts were integrated within other chapters, such as the general provisions or specific district regulations, and no one chapter existed for applicability and conformity, leading to potential confusion and inconsistent application. The new code directs a chapter that explicitly outlines the jurisdiction of the ordinance to the zoned areas. It concludes clearly defines compliance requirements for land use and structures. It emphasizes the uniformity within districts and the conformity with other laws, and it clarifies that which is more restrictive in provision to govern in the case of conflict, and also includes transitional rules or guidance to manage the shift from the current code into the new code. Chapter three zoning districts. In the existing code, zoning districts are defined in district chapters that are very heavy with text, redundancies, and contradictions. The existing districts were poorly aligned to the current and accepted comprehensive plan, and in general do not align with both the historic and desired modern development plans. For example, Butte existed and was developed far far earlier than the 1976 zoning code, and over that time developed in a haphazard and irregular pattern that resulted in the development pattern you see today in the historic area of the community.

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