Round 2 Amendments: Title 20 - Zoning Code

Introduction

The City is proposing a second round of near-term code amendments to the City of Missoula Zoning Code (Title 20). This second round of amendments will result in permanent changes for targeted amendments that will support new housing development, improve the efficiency of the development review process, and better implement our existing policy goals. These changes will create a new baseline that will be considered within the Our Missoula project workflow and compliment the ongoing Code Reform and Growth Policy Update processes.

Overview of Changes

Proposed amendments for the 2^nd round of near-term zoning code changes include 27 amendments to Title 20 (City Zoning Code) that cover seven main categories; administrative adjustments, accessory dwelling units (ADUs), the Permanently affordable housing option, Historic Preservation, setbacks, the vertical mixed-use building type (VMU), and zoning officer opinions (ZOO). Following is a snapshot of proposed changes:

• Administrative adjustments – existing regulations requiring an administrative review are changed from administrative review to by-right to expedite the process of specific amendments and encourage their use. These include changes to parcel area and parking and are subject to specific criteria.
• Accessory Dwelling Units – in an effort to further promote the use of ADUs proposed amendments will increase the size of an ADU, remove the required distance between the primary unit and ADU, and increase the height to that of the zoning district where the ADU is located
• Permanently affordable housing option – amendments proposed will expand the number of zoning districts that allow this housing option, and amend the definition of affordable making this option more flexible
• Historic Preservation – proposed changes will allow the historic preservation officer to review and approve historic preservation permits not required to be reviewed by the Historic Preservation Commission in response to a legislative bill passed last year
• Setbacks – remove required setbacks adjacent to an alley currently regulated by the Engineering Division and remove the required 1/3 the height related to side setback, noted in several districts allowing existing structures to build straight up
• Vertical Mixed-use building type – proposed changes will help encourage the use of this building type by removing the on-site parking requirements for non-residential uses, redefining the amount of required commercial space, and providing alternative landscaping requirements
• Zoning officer opinions – Occasionally staff need to make an interpretation of existing regulations and want to formalize the opinion. Amendments propose codifying seven different ZOOs that:
  1. Clarify home occupations are a permitted use in any residential zoning district
  2. Clarify when the hillside protection regulations apply to a project
  3. Clarify boundary line relocations with regard to district boundaries aligning with different right of ways
  4. Clarify a microbrewery can have a retail sales component as an accessory use
  5. Remove the necessity to receive approval of a project from the Development Park Design Review Committee in the Missoula Development Park Overlay Zone
  6. Include a parking incentive for the affordable housing option
  7. Allow parking to extend into interior side setbacks for multi-dwelling projects

Refer to the sidebar for additional information such as detailed amendments, dates for upcoming meetings, and background documents.

Please use the Comment space at the bottom of this page to submit any comments you have on the proposed amendments.

ADOPTION OF THE INTERIM CONDITIONAL USE ORDINANCE
The City is also requesting comment on the permanent adoption of the Conditional Use Interim Ordinance that was adopted by City Council in November of 2022. For more information, please refer to the dedicated webpage for this project here.