Commission tentatively approves new zoning rules for simulcast and gaming, aiming to protect local control before state acts

 

The Mills Planning & Zoning Commission moved two key issues forward at its latest meeting: a site plan amendment for Vision Beyond Borders and a broad framework for how the city will regulate simulcast and gaming businesses in the future.

 

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Vision Beyond Borders Gets More Time to Pave

 

Vision Beyond Borders, working through ECS Engineers, requested an amendment to its previously approved site plan to delay paving its parking lot until July 2026.

 

City staff explained that:

• Paving season typically ends around Thanksgiving.

• Local paving contractors are booked solid, creating a scheduling crunch.

• The organization already has funding committed for the paving; the issue is access to contractors, not money.

Staff did, however, insist that certain items be addressed immediately:

• ADA parking spaces must be paved now to remain fully ADA-compliant.

• Transitions from Radio Avenue and West Yellowstone must include concrete valley pans and drive approaches, avoiding direct dirt-to-pavement contact.

 

After reviewing the amended site plan, staff found no major concerns and recommended approval.

 

Commissioners briefly discussed the history of the project, noted that the request seemed reasonable, and voted unanimously to approve the amended site plan as recommended. The chair acknowledged he technically should have opened the item for public comment but noted the only person in the audience was the mayor and there appeared to be no objections.

 

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Title 17 Changes: Mills Tries to Stay Ahead of State Gaming Push

 

The majority of the meeting was spent on proposed changes to Title 17, the city’s zoning code, to regulate simulcasting and gaming—including historic horse racing machines.

 

City staff and commissioners framed the move as a defensive step in anticipation of possible state legislation that could:

• Turn gaming into a “by-right” use based on zoning or liquor licensing, and

• Reduce local control over where and how gaming businesses operate.

 

What the draft would do

 

According to staff’s summary, the draft amendments would:

• Allow simulcast and gaming only in C-1 (General Commercial) zoning.

• Add formal definitions for “simulcasting and gaming.”

• Require these uses to comply with:

  • Special use regulations in C-1, and

  • Conditional use standards (giving the city leverage over conditions of operation).

• Add a 300-foot buffer from:

  • Residential areas

  • Schools

  • Daycares

  • Churches and similar uses

 

Currently, five locations offer some form of gaming or simulcast:

 

• Hideaway Bar – located in Residential 2,

• B Diesels – General Commercial,

• Bayou’s – General Commercial,

• Oregon Trail Bar – General Commercial,

• Beacon Club – General Commercial.

Under the proposal, existing locations would be grandfathered, with the Hideaway Bar remaining the only one outside commercial zoning. New or returning gaming uses in the future would have to comply with the updated rules, including zoning and buffer requirements.

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Local Control vs. State Pressure

Several commissioners raised concerns about potential state overreach if the Legislature moves forward with bills that effectively bake gaming rights into zoning or liquor licensing.

 

They noted that:

 

• Zoning is traditionally used to regulate what can be built and where—setbacks, parking, noise—not to automatically grant specific business privileges inside a building.

• Granting automatic gaming rights to liquor license holders would create an uneven playing field versus other businesses that must go through more robust permitting.

• The push from Cheyenne appears heavily influenced by industry lobbyists, particularly those backing new horse racing tracks and thousands of historic horse racing machines.

One commissioner also highlighted the moral and social tension: the Legislature has historically been strict on marijuana and hemp, while considering looser rules on gambling, despite gambling’s potential impact on lower-income residents and public safety.

Staff explained that some state proposals would:

• Raise the cap on machines per track from 1,500 to 3,000,

• Impose a temporary moratorium on new skill-based machines, and

• Continue to allow machines in places selling package liquor, a rule that enabled gaming machines to spread into grocery stores and gas stations.

 

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Details Still in Play: Hours, Parking, Security, Landscaping

 

The commission didn’t lock in every detail, but they did identify several sections that may need refinement:

 

• Hours of operation:
  The draft limits gaming to 8:00 a.m. – 12:00 a.m. (midnight) with a clause for “unless otherwise authorized.”
  Commissioners discussed whether to:

  • Tie hours more closely to liquor license hours, and/or

  • Ensure nothing extends past 2:00 a.m., when police calls tend to spike.

• Parking:
  The draft calls for 1 parking space per 100 sq. ft. of gaming floor area. Commissioners questioned whether that standard is appropriate and suggested relocating it into the broader parking standards section of the code.

• Landscaping & buffers:
  With only a 300-foot buffer from residential and relatively minimal existing landscaping requirements, some commissioners wondered if more robust screening and landscaping should be required around gaming sites.

• Security/operations plan:
  The draft requires a security and operations plan approved by the Police Department. This stems from past problems at a local facility that generated significant calls for service. Commissioners support the concept but want clear, consistent criteria so the requirement isn’t applied arbitrarily.

 

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Tentative Approval, With More Work to Come

 

In the end, the Planning & Zoning Commission voted to tentatively approve the Title 17 amendments with the understanding that:

• They will revisit specific sections—including hours, parking, landscaping/buffers, and noise—before the changes are finalized.

• Commissioners will email questions and ideas to staff in the coming weeks.

• Staff will return with refined language at the next Planning & Zoning meeting in December.

 

The ordinance will still go through the required three readings by the City Council, with opportunities to incorporate P&Z’s final recommendations before the third and final reading.