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Planning board presents countywide zoning code rewrite as public raises alarm over Silver Bow Drive‑In

August 01, 2025 | Silver Bow County, Montana


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Planning board presents countywide zoning code rewrite as public raises alarm over Silver Bow Drive‑In
Butte‑Silver Bow — Director Julie Crane on July 31 outlined a draft, countywide rewrite of the Butte‑Silver Bow zoning code and invited public comment on the document that staff and contractor Orion Planning and Design have been drafting since 2023. The presentation summarized chapter‑by‑chapter changes designed to align regulations with the 2021 Butte‑Silver Bow Comprehensive Plan, clarify definitions and measurement rules, and make more mixed‑use, form‑based development possible across the county.

Why it matters: the rewrite would apply to all currently zoned property in Butte‑Silver Bow and is intended to replace an existing code last substantially updated in the 1970s. The draft changes how districts are named and measured, centralizes use tables, adds chapters on environmental design and hazard mitigation, and proposes clearer procedures for variances, enforcement and nonconforming uses.

Crane described the code structure and timeline, saying the formal rewrite began in July 2023, resumed drafting in January 2024 after staffing changes, and that the draft presented July 31 follows an audit and multiple public open houses in July. She told the board the public comment period for the draft was open through Aug. 8; staff scheduled a working meeting for the planning board on Aug. 28 and said the planning board may vote to forward a recommendation to the Butte‑Silver Bow Council of Commissioners with an intention to introduce the update to the commission Oct. 1. Crane and staff also said the draft uses the comprehensive plan’s place‑type map for policy guidance; a proposed rezoning map has not yet been produced.

Public comment and main concerns: the largest block of public testimony at the meeting concerned the Silver Bow Drive‑In, a long‑running outdoor theater located near the Ramsey (RM‑2) industrial area. Several speakers who identified themselves as the drive‑in’s owners and patrons urged explicit protections. "I'm very concerned that we're gonna lose our drive in theater that's been there for over 40 years," said Brian Curry, a local resident. Lynn Jonart, who described herself as an owner, said, "This is more than just a business for my family. This is our livelihood and my family's legacy." Jens Hansen, who also operates the drive‑in, told the board, "We're in the storytelling business," and described technical limits on the venue (dark skies and low ambient light) needed for projection quality. Speakers requested that the county either (a) preserve the drive‑in’s status in place, (b) reclassify the parcel closest to the interstate as commercial rather than heavy industrial, or (c) add use conditions for adjacent heavy industrial development to limit lighting, noise and visual impacts.

Nonconforming uses: multiple speakers read and contrasted language in the draft about nonconforming uses. Director Crane said the existing code historically "does not encourage" survival of nonconforming uses and that the proposed draft seeks to reduce disinvestment by allowing more administrative relief. Crane told the board the draft explicitly permits routine repairs and maintenance and provides limited paths for physical expansion: certain nonconforming uses "may be intensified, enlarged, or extended by up to half" where appropriate, and legal nonconforming uses may not be moved in whole or in part to another parcel. Crane also noted that the current code’s dormant‑use timeout differs from the draft: under the existing code she cited a 365‑day resumption window, while the draft contemplates a shorter 180‑day window for resuming a discontinued nonconforming use (the board discussed whether that period should remain 365 days).

Board questions and staff responses: board members asked about the variance process, maps and timeline. Crane said state law still requires a variance procedure and that the draft aims to reduce the number of use variances by allowing more predictable, context‑appropriate mixes of uses administratively. On mapping, Crane said staff are using the comprehensive plan place‑type map now and will produce a draft rezoning map later in the process. On enforcement and environmental rules, the staff said the draft adds a new chapter on environmental design and hazard mitigation to address wildfire, flood and brownfields redevelopment, and proposes a wildland‑urban interface tool that could be applied as an overlay during the mapping phase.

Other public concerns and topics raised: speakers also asked that the draft explicitly preserve rural‑edge practices—livestock and horses in low‑density residential (R‑1S) areas—and expressed safety and access concerns about proposed allowances for passive recreation and camping in some places. Several commenters praised the staff’s outreach and urged the planning board to consider "legacy" protections for long‑standing homes and businesses. Board members and staff encouraged continued public input and noted staff would categorize public comments and provide the unedited set to the board before the working meeting.

Next steps: staff said the public comment period runs through Aug. 8, an additional open house is scheduled Aug. 4 (noon and 6 p.m.) at the Butte‑Silver Bow Archives Auditorium, and the planning board will hold a working meeting Aug. 28 to review comments and consider revisions. If the board votes to forward the draft, staff planned to present it to the Council of Commissioners with an intent to introduce it Oct. 1. No formal votes on the draft took place at the July 31 meeting.

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