Planning staff proposes major zoning rewrite, recommends overlay to protect Silver Bow Drive‑In and eases short‑term rental rules

Planning staff for Silver Bow County presented a comprehensive redline of the county’s zoning ordinance and recommended creating a ‘heavy industrial gateway’ overlay to protect the long‑running Silver Bow Drive‑In while preserving industrial lands, staff said at the commission meeting.

The draft, presented by Director Crane, restructures Title 17 of the municipal code to update use tables, add a lighting chapter and strengthen landscaping and sign rules. “In total, there were 322 unique comments received. 109 of those comments related to the Silverbo Drive‑In. 240 or approximately 75% of the input has been integrated or addressed in the red line,” Director Crane said during the presentation.

Why it matters: Staff and the public said the current code dates to the late 1970s and no longer fits today’s development patterns. The redline aims to make the code more usable for compatible infill, clarify procedures and provide targeted protections for legacy businesses such as the Drive‑In.

What staff proposed: On short‑term rentals, the draft moves from a three‑tier approach to two types: Type One (owner‑occupied rentals, including accessory units) would be permitted where the use is allowed; Type Two (whole‑dwelling rentals not owner‑occupied) would be permitted subject to a new density standard that prevents two Type‑Two units from being located within roughly 350 feet of each other. The draft also shifts many approvals from conditional‑use hearings to administrative permitting with a review fee and annual safety inspections, Director Crane said.

Director Crane said the county has permitted 21 short‑term rentals since January 2024 and that 14 of those (about 67%) involved major renovation that rehabilitated blighted properties. The proposal also requires points‑of‑contact for emergency services, on‑site owner information, noise and nuisance standards, and procedures for violations.

Drive‑In protections: The Drive‑In—on its current site since the late 1970s and made legally nonconforming after surrounding industrial zoning in 1991—was the single largest focus of public comment. Staff outlined three approaches: (1) make drive‑ins a permitted use in the industrial zone; (2) create a new commercial‑style district for the area; or (3) create an overlay within the heavy industrial district customized to protect evening outdoor entertainment operations. “From the perspective of the staff, it’s our recommendation to select the third option, the creation of an overlay district within the heavy industrial district,” Director Crane said.

The recommended ‘heavy industrial gateway overlay’ would restrict evening light trespass (dark‑sky shielding, luminance and wattage limits, motion sensors and dimming between 7:00 p.m. and 1:00 a.m. from May through September), prohibit animated/pulsing signage near the Drive‑In and require noise‑attenuating measures in building envelopes and at parcel perimeters. Staff also proposed an amortization approach so that, if the Drive‑In ceased operation permanently, the overlay could be lifted and industrial uses could return over time.

Board questions and clarifications: Members asked for definitions and enforcement details. Member Mark Garf described green infrastructure as on‑site stormwater practices such as vegetated bioswales and rain gardens. Member Steven Co said the municipal MS4 stormwater permit will move from 'considering' green infrastructure to requiring it where feasible under future permit updates. On the STR separation rule, staff clarified the measure is a radius from the parcel centroid so the distance can cross streets or alleys rather than being limited to one side of a street.

Enforcement and implementation: For landscaping maintenance, staff said they would require maintenance plans and bonding (currently proposed at 110% of landscaping value) and rely on the ordinance’s enforcement and penalty sections; staff acknowledged additional enforcement capacity might be needed. Noise limits cited in the draft include a 60‑decibel standard measured at the parcel edge for new industrial uses in the overlay.

Public comment and next steps: Drive‑In owners and neighbors urged protections during public comment. Director Crane said a redline will be posted and a clean draft released for a 30‑day public comment period; additional hearings will follow before the commission votes to recommend adoption and forwards the ordinance to the Council of Commissioners. Staff suggested an optimistic effective date of Aug. 1, subject to the council’s schedule.

The commission did not take a final vote on the ordinance at the meeting. A motion to adjourn was made and the meeting ended after the public comment period.