Libby considers moving proposed zoning back

The Libby City Council discussed and received input on the possibility of returning proposed changes to the business districts back to the City Planning Board during their regular meeting Monday, but tabled the matter to their next meeting.

The meeting room was packed with local residents and business owners, many of whom commented during the discussion about the proposed changes.

Mayor Brent Teske said that he wanted to re-examine whether moving the proposed changesto the City Ordinance Committee from the planning board had been the right action.

Council member Hugh Taylor motioned to send the proposed business districts back to the planning board. During discussion among the council members, Taylor said he felt that doing so would help to relieve concerns and fears of business owners.

Taylor agreed to table the motion two weeks to the next meeting to allow Teske to further research the powers of the planning board.

Libby resident DC Orr had said during public comment that the City Planning Commission doesn’t have the legal authority under state law to make zoning decisions.

In order to make those decisions, the board would have to be a city-county board, he said.

A city-county planning board has the authority to make itself a zoning commission under state law, he said. A city planning board does not.

Teske said that he is still trying to find documentation of how the city’s planning board was split from the county board.

A City-County Planning Board did exist from 1969 to sometime prior to 2005.

However, Teske said he is not certain what happened to that board.

After the meeting, Teske said that he believes it may be possible that the city’s board still retains the authority to make zoning decisions. But he will have to determine more about how the board split off before he can say.

In addition, council members Gary Beach, Brian Zimmerman and Kristin Smith — who is chair of the ordinance committee — concurred on concerns that if the proposed changes are sent back, information — including public input — could be lost.

Zimmerman suggested that the Ordinance Committee be allowed to finish a rough draft of the proposed changes — which includes changes in response to public comment — at their January meeting.

Without the draft being finalized, not only the work of the committee but the public input could be lost, he said.

Jackie Campbell, with Treasure View Auto Sales, said that she felt the sooner the matter is settled on whether to move it back to the planning board, the better.

With two distinct camps — one for the proposed changes to go back to the planning board and one against — the longer the council waits to act, the larger that division will grow, she said.

Clearing the murk

Several business owners also sought clarification on how proposed changes might affect them.

Smith attempted to lay to rest concerns over a grandfathered business use losing its standing due to a change in ownership.

Regardless whether the business is sold or inherited, a change in ownership would not affect it so long as the type of business does not change.

Smith also clarified questions about parking lot requirements.

Businesses in the downtown business district are not required to provide off street parking, she said.

Additionally, requirements for landscaping in parking lots would only affect something such as a new building with a parking lot integral to the new construction.

Ted Montgomery, with Camp Creek Coffee Roasters, also questioned how residents can trust that new ordinances will be upheld if the city is struggling to enforce existing ordinances.

Montgomery said that the city already relies heavily on businesses and residents reporting violations, having to, “be our own police.”

“Why would we want to put more of those ordinances on ourselves, as a citizen, and a business owner?” he said.

If the city does a better job upholding ordinances such as the junk car ordinance, there might be more support for further changes, he said.

Teske said he agreed wholeheartedly, and that Libby has made progress on enforcing ordinances.

“The police aren’t out actively hunting for these things,” he said. He encouraged residents to report violations that they see.

“Because the longer we let these things slide, it creates contention, and then it creates distrust,” he said.