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• Why is this happening now?

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  The City of Missoula is a desirable place to live and will continue to attract new people and investments. Since the creation of the initial Growth Policy, social, political and economic conditions have changed significantly. Particularly since the start of the pandemic. We must revisit the Growth Policy to ensure that:

  • the big picture goals for future growth reflect the City’s emerging issues
  • the big picture for future growth reflects our community’s most important priorities--such as equity, housing, and sustainability
  • the zoning and development code helps us achieve, and are not a barrier to, our shared community goals.

• What is a Zoning and Development Code and why is it important?

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  The zoning code includes regulations that determine how land is used and developed. More specifically, it determines what types of development can be built in different areas (or “zones”) of a city and regulates the shape and size of parcels and buildings. Historically, zoning codes were primarily used to separate incompatible uses to ensure, for example, that housing is not developed next door to a loud, polluting factory.

  More recently, zoning codes are also used as a tool for guiding growth that meets shared community goals, such as affordable housing or livability with an emphasis on “placemaking” rather than just use and form. Unfortunately, zoning codes often also include outdated and discriminatory rules that contribute to racial and economic segregation and other social equity issues. That’s why it is important for the City to keep the code up to date and remove unnecessary or harmful rules.

  In addition to the Zoning Code, the City has many other regulations that guide the design of streets, open space, utilities, drainage, and other development-related issues. These regulations, often referred to as development codes, will also be addressed in the Comprehensive Code Reform project.

• Why does the City need to update its Zoning and Development Codes?

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  There are three reasons why the City needs to update its zoning code and other development regulations:

  • The code is not regulating development in a way that advances the community’s current goals. A new Growth Policy was adopted in 2015 that set new goals for how the City will grow and change, but the code has not been significantly amended. The city and residents have observed that the code often gets in the way of development that would help achieve those shared goals.

  • Community priorities are evolving. A Growth Policy Review occurred in fall of 2021. In the Growth Policy Review, the City identified that community needs and priorities have changed in recent years. The Growth Policy Review emphasized the need to update the code. This was to ensure alignment between city policies and regulations that guide development. These reasons are why the Growth Policy Update is starting now.

  • The code is confusing and difficult to use for residents, businesses, and City staff. Rules and regulations are spread across too many different sections. Some rules conflict with other rules, causing confusion about which rule applies. And the various sections are not well-organized, making it difficult to find information.

  The City is embracing the opportunity to reorganize and reform the code. This will give the City better tools for encouraging development that contributes to shared community goals. Examples of these goals are affordable housing, equity, and climate change mitigation. It will also make the code more clear and easier to use for residents and businesses.

• What will the Code reform do and not do?

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  The code reform project will be intentionally designed to have a positive impact on many facets of new development. This may mean allowing more housing in places that allow people to live in closer proximity to where they work, shop, and find services. It can also mean promoting more housing diversity and affordability. Or that homeowners have better options for renovating their properties. The code reform can also improve how buildings integrate with the surrounding neighborhood. Lastly, code updates can improve the type and quality of public amenities that are included with new development. This includes streets, trails, and parks.

  The development code is a set of rules and regulations that apply when a development project or alterations to a property are proposed. It does not require anyone to build or change their property retroactively. For example, the code cannot require a property owner to go back and provide affordable housing or a new park.

  The current housing crisis in Missoula is an urgent issue that the code reform will address to achieve community goals. It is just one of many City tools available. For example, the City builds public infrastructure like streets and trails, and develops new parks. The City also provides financial incentives to property owners to build or provide amenities that directly or indirectly benefit the community alongside their projects. These tools work in concert with the development codes to encourage development that meets community needs.

• How will the Code Reform affect housing issues?

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  A development code has a direct influence on the growth, shape, and affordability of housing. The code sets limits on the types of housing that can be built in different locations, how large a building can be, and how many homes can be on a given site. These rules were put in place for a purpose. But in some

  cases, they may unnecessarily constrain the ability to provide housing the community needs. During the code update process, the City will check how the current code affects housing development, recommend changes to remove unnecessary barriers, and encourage housing that meets high priority needs.

• Why is the City proposing to make targeted changes to the current code before the new code is complete?

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  The process of updating the Growth Policy and reforming the code will take time. The community needs to be involved every step of the way. This means making time to inform people about the project, ask for input, and find solutions together. The new code is expected to be adopted in late 2024 or early 2025.

  New construction will continue to occur in Missoula between now and 2025. The City anticipates issuing permits for over 1,000 new homes and apartments during this timeframe. These developments would be subject to the current code. By making targeted changes to the code in 2023, the community could see some of the benefits of the code updates earlier. And the changes will have an impact on more projects than if they were adopted in 2025. Missoula is growing at a fast pace, and the community needs to experience positive changes soon.

• How will the Growth Policy Update and Code be implemented? How will it show up in my community?

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  Both the Growth Policy and the code are implemented when a development project is proposed. In most cases, a development project must show that it complies with the rules and regulations in the code. In some cases, the development project must also show that it contributes toward the broader goals of the Growth Policy. These codes set the criteria by which the City must approve or reject a development proposal.

  However, the Growth Policy also affects other actions the City takes, such as where new streets, trails, and parks are built. It may also influence where and how the City targets certain programs like funding for affordable housing or economic development.

• How will my feedback shape the Growth Policy Update and Code Reform?

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  There are many points within this project when your feedback will help influence the Unified Development Code and Growth Policy Update. It is critical to understand the top priorities for Missoula residents such as:

  • Creating more affordable housing options
  • Preserving natural and working lands, etc., particularly because there will inevitably be trade-offs between different priorities.
  • Your feedback and evaluation of different strategies for future growth will be what drives the ultimate set of recommendations and strategies that will be adopted by City Council.

• Who is making the ultimate decisions on the Growth Policy Update and Code Reform?

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  Adoption of the Unified Development Code and Growth Policy is decided on by the Missoula City Council and Missoula Planning Board.

• Why is the City using outside consultants for this project?

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  Our Missoula is a complex project that requires expertise in planning, facilitation, and code development. The breadth of expertise that the project requires includes:

  • Community engagement that focuses on equity, diversity, and inclusion;
  • Knowledge of zoning and other land use regulations;
  • Process and equity auditing;
  • National and Montana land use law;
  • Transportation, architecture and design, and historic preservation best practices;
  • Utility infrastructure and environmental resource protection;
  • Development financing;
  • Implementation of sustainability initiatives;
  • and best practices in community planning and policy development.

  A larger team consisting of City staff and consultants expands capacity and is more efficient. This project requires responsiveness.

  Shifting the code from what it is to what it could be takes global expertise that the consultant team brings. The Our Missoula project will involve some challenging conversations about the kind of change we want to see in our shared community. There is a benefit to having an outside party guide those conversations from a neutral vantage point. Consultants bring ideas rooted in best practices and based on experience with other communities doing similar work and facing similar challenges. The consultant team is there as a resource, not to lead. It is ultimately up to us all to decide what we want to do in our own community.