Code Reform Update: Overview of Proposed Zoning Changes

The Our Missoula team is working to finalize the draft zoning districts and draft zoning map (referred to as the Zoning Framework) to be released later this summer. In the interim, we would like to provide the following information about the key changes that will be proposed in the draft zoning, as well as guidance on how the City is approaching development projects before and after the adoption of the new Unified Development Code (UDC) and updated zoning map.

What key zoning changes will be included in the draft Zoning Framework?

Zoning Districts

Simplify, merge, and rename all zoning districts to align with the Place Types adopted in the Our Missoula 2045 Land Use Plan. This will result in an updated Zoning Map and all properties within City limits will be rezoned.
Eliminate zoning overlays that provide additional standards for specific areas by incorporating existing standards to the base zoning district where appropriate. This will include the Design Excellence Overlay, old and new Planned-Unit Developments and Special Districts, Neighborhood Character overlays, and the Title 21 Form-Based Code. Historic Preservation overlays will remain.

Density Requirements

Increase allowed density to allow no fewer than two units on a typical parcel in any zoning district in alignment with the adopted place types.
Remove prescribed density maximums in most mixed-use districts to increase housing capacity in non-residential areas.

Parcel Standards

Eliminate minimum parcel area in urban residential districts and reduce minimum parcel area by 25% in rural and limited urban residential districts.
Reduce current setback requirements cumulatively by 25% in all residential zoning districts across the city. The most substantial reductions will be to front and rear setbacks

Building Types and Standards

Increase the allowed residential building types in all districts, with a duplex as the baseline, to provide more opportunities for housing diversity.
Utilize a progressive floor area ratio (FAR) calculation (allowed gross floor area in relation to the parcel size) in most zoning districts that increases with the number of dwelling units that are built.
Calibrate allowed maximum building height to allow building heights that align with the maximum heights described in the Land Use Plan. At least one district per place type will allow the maximum height listed for that place type.
Simplify building design requirements for both residential and commercial buildings. This will include the reduction and simplification of the building design standards from the Design Excellence overlay, in alignment with what we can regulate according to state law.*

* The Montana Land Use Planning Act allows the regulation of the size, character, number, form, and mass of structures.

Parking

Eliminate parking requirements for all residential uses, whether standalone or part of a mixed-use building, across the city.*

* State law requires the elimination of parking for all residential dwelling units under 1200 square feet. For simplicity in administration of the code, and in alignment with our goals, we are furthering this elimination to all residential uses.

Eliminate parking requirements for day care uses in all districts as required by Montana State law.
Eliminate parking requirements for existing buildings, including vacant buildings, undergoing a change of use as required by Montana State law.
Reduce parking requirements for all other uses throughout the city and simplify categories of uses for parking calculations.
Continue to provide parking exemptions for small non-residential uses, transit-served locations, bicycle-served locations, landmarks and historic districts, and shared parking.

Allowed Uses

Allow small-scale neighborhood commercial uses in all residential districts as defined in the Land Use Plan.
Eliminate conditional uses and instead allow or prohibit uses outright to improve clarity and streamline review.

How is the City of Missoula complying with the housing reforms required in the Montana Land Use Planning Act?

The Montana Land Use Planning Act provides a list of fourteen housing strategies intended to encourage the development of housing where residential development is permitted. The City of Missoula must include a minimum of five of those strategies in our zoning code. Upon the adoption of the updated code, we will be implementing nine of these requirements, including several that already exist in the current code and will remain:

Allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence.
Allow for single-room occupancy developments.
Provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023
Allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses
Allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted.
Zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government.
Eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit.
Eliminate minimum lot sizes or reduce the existing minimum lot size by at least 25%.
Eliminate setback requirements or reduce existing setback requirements by at least 25%.

How will we approach projects before and after the adoption of the new zoning and Unified Development Code (UDC)?

Before the adoption of the UDC and Zoning Map: The current adopted zoning code (Title 20) and other development codes remain in effect until the new UDC is adopted. The draft code, when available, can provide ideas for the types of regulations to expect, however it is subject to change until it is formally approved by City Council. The City does not have legal flexibility to review or approve projects under a code that is not officially adopted.
After the adoption of the UDC and Zoning Map: The City aims to create a short grace period when transitioning to the new development code to accommodate projects in process at the time of adoption. This will allow projects to be submitted and reviewed under either the old code or the new code. The transitional periods will vary by project type and the lengths of time are not yet defined.