The zoning rewrite
Chances are, plenty of folks will show up this evening at the Missoula City Council meeting to air their views on the zoning rewrite. (Watch out for the “schemers” and “evil doers” in the room. And, uh, the name callers.) OPG director Roger Millar has been sending out comparisons of the more contentious issues. The rules in the old code, and ones in the draft ordinance. Here are those summaries — it’s an insane amount of copy, but not compared with the whole book, which the planning board reviewed:
ACCESSORY DWELLING UNITS (ADU)
Current Ordinance
– Not specifically addressed
– Existing nonconforming units
– Can request rezone to allow for multiple structures (ex. from R-I to R-II)
Planning Board recommendation (Section 20.25.080) in draft new code
– Proposed as new zone district (overlay zone)
– Specific standards for development: square footage, height, roof pitch and exterior finishes, parking, access.
– Rezone provides for public notice, public hearing, protest.
Options for the Missoula City Council
– Concur with Planning Board
– Eliminate option to rezone for ADU in single-family zone districts
– Eliminate option to rezone for ADU in all districts
– Allow ADU by right in all zone districts
– Allow ADU by right in multi-family districts
– Require minimum size of overlay district for rezone
– Require owner-occupancy of main home
BUILDING HEIGHT IN RESIDENTIAL ZONE DISTRICTS
Current Ordinance
– 30 feet in OR, SRR, LSR, RLD-1, RLD-2, RR-1, R-1, R-II, R-VIII, RLD-4, R-III, R-XII, R-IV, and R-V zone districts
– 40 feet in A zone district
– 45 feet in B zone district
– 125 feet in RH zone district
– Chapter 19.04.140 Definitions allows an additional 3 feet for hip, gable, and gambrel roofed buildings through “modified building height” measurement
– Chapter 19.64 Exception to height limits provides for a 20% increase – allows 36 feet in most zone districts (48 feet in A zone district) – if roof pitch 7/12 or steeper
– Height measured from finished grade (19.04.140) provides opportunity use fill to increase building height
Draft new ordinance (Table 20.05-3)
– Significant change from consultant draft which proposed 35-foot maximum height for most residential districts
– 30 feet for roof pitch of less than 8/12 in most residential zone districts – same as current ordinance with exception of 10-foot height reduction in what is currently A zone district
– 35 feet for roof pitch 8/12 or greater in most residential zone districts – one foot less than current ordinance and requires steeper roof pitch
– 45 feet in RM1.5-45 (formerly B) zone district – same as current ordinance
– 45 feet in RM1 zone district – new zone district not mapped anywhere
– 125 feet in RM0.5 (formerly RH) zone district – same as current ordinance
– Proposed language measures height from “original grade” or “finished grade,” whichever is lower (Chapter 20.110.060). This method removes opportunity to use fill to increase building height.
REMOVAL OF TWO STORY LIMIT FOR RESIDENTIAL STRUCTURES
Current ordinance
– No limit to the number of stories for A, R-1, OR, R-VIII, R-XII, BN, Mixed Use and D zone districts
– Two story limit in SRR, LSR, RLD-1, RLD-2, RR-1, R-II, RLD-4, R-III, R-IV, R-V zone districts
– Three story limit in the B zone district
– Definition subject to interpretation: How many floors are there in a split level home? When does a daylight basement become a floor? When does an attic become a floor?
Draft new ordinance
– Remove “story” as a measurement of height and base all building heights on feet.
HOME OCCUPATIONS
Current Ordinance
– Residential accessory use allowed (19.61)
– No limitation on number of employees or customers
Draft new ordinance
– Home occupations allowed (20.45.040) – no change from current ordinance
– One non-resident person, whether a paid employee or not, may be involved in the home occupation, provided that there is only one non-resident person on the property at any time.
– Additional standards and restrictions identified.
GROUP LIVING
Current Ordinance
– Eight or fewer permitted use in residential zone districts
– Nine or more conditional use in residential zone districts per City Attorney and Zoning Officer opinion
– No definition or standards
Draft new ordinance
– Eight or fewer permitted use – no change from current ordinance
– Nine or more conditional use – incorporates existing City Attorney/Zoning Officer opinion into ordinance
– Group living defined (20.105.020B)
– Density standards – maximum number of residents per 1,000 square feet of parcel area for group living with nine or more (20.40.070B)
– Limits onsite services and facilities to residents
BED AND BREAKFASTS
Current ordinance
– Bed and breakfast not permitted in residential zones
1. Exceptions for those that received a variance from the Board of Adjustment or were incorporated into Planned Unit Developments.
– Allowed in the BN (Neighborhood Business) and BC (Restricted Commercial) zoning districts.
Draft new ordinance
– Bed and breakfast allowed as conditional use in residential zones
1. Public hearing at Planning Board
2. Standards: Owner occupancy, number of guest rooms, food service for guests only, may not be leased for events, maximum on non-illuminated wall sign not exceeding 2 square feet in area, and parking off alley if alley present.
BULK AND MASS STANDARDS
Current ordinance
– Sideyard setback no less than 1/3 of building height in A, RR-1, R-1, R-II, R-VIII, RLD-IV, R-III, B, R-XII, and R-IV zone districts
– Two contiguous non-conforming lots of record in common ownership are one parcel (19.62.010.C.2)
– Anti-scraping ordinance (19.62.010.C.3)
– Planned Neighborhood Cluster (19.69)
Draft new ordinance
– Sideyard setback no less than 1/3 of building height in single family zone districts – RT-10 (RLD-IV), R8 (RR-1), R5.4 (A, R-1), RT5.4 (R-VIII)
– Two contiguous non-conforming lots of record in common ownership are one parcel – same language as current ordinance (20.80.020. B.3)
– Anti-scraping ordinance – same language as current ordinance (20.80.020.B.4)
– Planned Neighborhood Cluster eliminated
– Neighborhood Character Overlay zone enabled (20.25.040)
1. Provides for neighborhood-specific mass and bulk standards rather than “one size fits all” approach city-wide.
2. Provides for public notice, public hearing, protest, City Council decision.
ADMINISTRATIVE ADJUSTMENTS
Current ordinance
– Not addressed
– All variance requests go to the Board of Adjustment (BOA)
– Fee assessed
– One- to two-month process
Draft new ordinance (20.85.110)
– Administrative review of minor deviations from a few specific standards:
1. Building location standards in Pedestrian overlay zone district (20.25.020C): after consultation with City Engineer; must find that useable public spaces or pedestrian amenities will be provided between the building and the street.
2. Ground floor glazed area standards in Pedestrian overlay zone district (20.25.020D): must find that reduction in glazing is offset by other pedestrian amenities or building or site design features that are not otherwise required.
3. Door and entrance standards in Pedestrian overlay zone district (20.25.020E): must find that a safe pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the sidewalk.
4. Driveway and vehicle standards in Pedestrian overlay zone district (20.25.020H): City Engineer must find that the subject parcel can not be safely accommodated by alley or side street access.
5. Bicycle parking: must find that use generates no bicycle traffic or that it will be impossible to provide bicycle parking; may modify bicycle design and location requirements if determined that alternative design is necessary to address practical difficulties with existing buildings and sites.
6. Nonconformities: may approve the expansion of a nonconforming use into another part of the same building
7. Parcel area: may permit the construction of a single detached house on a parcel that would otherwise be prohibited solely because the parcel does not comply with the minimum parcel area requirements for the zoning district; parcel must be at least 95 percent of the required parcel area; adjustment may not be used on parcels created after the adoption of Title 20.
8. Parking incentives for transit served locations: may approve a parking space reduction of up to 15 percent for uses located within 500 feet of a regularly served transit stop.
– Required notice: mailing to adjacent property owners; posted notice on subject property.
– Review and decision: at least 20 days after mailing and notice; may impose conditions of approval
– Appeal: May be appealed to BOA by any person aggrieved by the decision.
