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Zoning Advisory Panel

About

On November 19, 2020, the Board of County Commissioners (BoCC) established the HVPA Blue-Ribbon Panel (to be known as the "Zoning Advisory Panel") to investigate and assist with recommendations for several specific aspects of the Helena Valley Planning Area zoning regulations.

ZAP Resolution of Formation and By-Laws ORIGINAL(PDF, 3MB) and RE-ADOPTED(PDF, 3MB), EXTENDED(PDF, 426KB), and EXTENDED(PDF, 670KB) a second time

The panel was tasked with providing recommendations on regulations for the approved Urban and Suburban Residential Mixed-Use Zone Districts, as well as options or alternative approaches to the approved and temporarily deferred 10-acre minimum lot size/density parameters for the Rural Residential Mixed-Use Zone District.

The panel was comprised of 12 voting members, representing a cross-section of interests specific to the recently approved Zoning for the Helena Valley Planning Area:

Real Estate
Builders/Developers
Fire Services, with background in both wildland and non-wildland issues
Helena Valley Flood Committee representing flooding concerns
Affordable Housing
Banking and Finance
Conservation Land Trusts
Citizens of the Helena Valley Planning Area, including from existing Part-1 zoned areas and from a Part-2 zoned area
County Appointed Official from the City-County Consolidated Planning Board

An additional four staff from the Community Development and Planning Department were seated as non-voting members. Other non-voting members could be seated on an ad-hoc basis (both from within and external to the County staff) as specific issues arise. A non-voting moderator was also selected to serve on the Panel.

The panel operated until February 25, 2022.

Specific to the Rural Residential Mixed-Use Zone District, during their deliberations on October 6, 2020, the BoCC stated their commitment and support for using minimum lot sizes/density restrictions in the Rural Growth Area of the HVPA. In doing so, they acknowledged that the proposed 10-acre minimum lot size/density (across the Rural Growth Area) would be an effective tool to address the concerns raised in the 2015 Growth Policy update specific to the rural key issues (Water, Roads, and Fire). However, the BoCC also acknowledged that some of the public expressed an interest in working on potential alternatives to the approved homogeneous 10-acre minimum lot size/density across the Rural area. As such, while the BoCC approved the 10-acre minimum lot size/density restriction, they also chose to temporarily defer the implementation of specific portions of the Rural Residential Mixed-Use Zone District. The delayed effective date of approved Sections 706, 707, and 708, acknowledged the BoCC's desire to work closely with community partners to seek options, and improve upon the appropriately written zoning regulations as the BoCC affirmed with the Resolution of Creation 2020-97.

The delayed implementation date for the aforementioned approved Sections was June 1, 2022. The date allowed for a targeted discussion (approximately a year) of options; and also respected the concerns of the greater general public whom have long supported zoning in the HVPA and their attendant commitment for sound planning measures vis a vis their work on the 2015 Growth Policy update. Further, the proposed timeframe allowed appropriate requisite process time to move through the Planning Board and County Commission process.

Zoning Advisory Panel: Meeting Materials

Meeting Materials to distribute to Panel Members for Friday, February 25, 2022 Meeting:

See all materials included under "Meeting Materials to distribute to Panel Members for February 9, 2022 Meeting"
Linked here are all the approved meeting minutes that can be found on this page. The Zoning Advisory Panel will be reconsidering all previously approved meeting minutes and the Draft February 9, 2022 meeting minutes but will take public comment before doing so. Approved January 27, 2021 Meeting Minutes(PDF, 178KB); Approved February 10, 2021 Meeting Minutes;(PDF, 548KB) Approved February 24, 2021 Meeting Minutes(PDF, 225KB); Approved March 10, 2021 Meeting Minutes(PDF, 189KB); Approved March 24, 2021 Meeting Minutes(PDF, 239KB); Approved April 14, 2021 Meeting Minutes(PDF, 262KB); Approved April 28, 2021 Meeting Minutes(PDF, 247KB); Approved May 12, 2021 Meeting Minutes(PDF, 819KB); Approved May 26, 2021 Meeting Minutes(PDF, 497KB); Approved June 9, 2021 Meeting Minutes(PDF, 495KB); Approved June 23, 2021 Meeting Minutes(PDF, 230KB); Approved July 14, 2021 Meeting Minutes(PDF, 187KB); Approved July 28, 2021 Meeting Minutes(PDF, 510KB); Approved August 11, 2021 Meeting Minutes(PDF, 515KB); Approved August 25, 2021 Meeting Minutes(PDF, 711KB); Approved September 8, 2021 Meeting Minutes(PDF, 698KB); Approved September 22, 2021 Meeting Minutes(PDF, 735KB); Approved October 13, 2021 Meeting Minutes(PDF, 716KB); Approved October 27 Meeting Minutes(PDF, 685KB); Approved November 10, 2021 Meeting Minutes(PDF, 681KB); Approved December 8, 2021 Meeting Minutes(PDF, 720KB); Approved December 22, 2021 Meeting Minutes(PDF, 691KB); Approved January 12, 2022 Meeting Minutes(PDF, 695KB); and Approved January 26, 2022 Meeting Minutes(PDF, 719KB).
DRAFT February 9, 2022 Meeting Minutes(PDF, 728KB)
Public Comment received from John Herrin, 2/22/22(PDF, 133KB)
DRAFT Memo to the Lewis and Clark County Board of County Commission prepared by Panel Member Lois Steinbeck for the 'After Action' portion of the February 25, 2022 agenda.(PDF, 97KB)
Public Comment received from Andrew Thomas, 2/23/22(PDF, 204KB)
Public Comment received from Dale Paulson, 2/23/22(PDF, 249KB)

Meeting Materials to distribute to Panel Members for February 9, 2022 Meeting:

ZAP Panel Member Tyler Emmert Submission No. 1(PDF, 619KB)
ZAP Panel Member Tyler Emmert Submission No. 2(PDF, 770KB)
See Also September 22 Materials below for a previous Submission from Tyler Emmert(PDF, 615KB)
DRAFT January 26, 2022 Meeting Minutes(PDF, 196KB)
- Approved January 26, 2022 Meeting Minutes(PDF, 719KB)
Jamboard Responses(PDF, 350KB) (Urban Residential Mixed Use District) Last updated 2/4/22
Jamboard Responses(PDF, 30KB) (Rural Residential Mixed Use District) Last updated 2/4/22
Jamboard Responses(PDF, 26KB) (Suburban Residential Mixed Use District) Last updated 2/4/22
Greater Helena Area Transportation Plan Excerpt: PASER Road Analysis(PDF, 3MB)
- Full Greater Helena Area Transportation Plan
Public Comment received after January 21, 2022 (noon)
- Comment from Dale Paulson(PDF, 179KB), 2/7/22
ZAP Panel Member Lois Steinbeck Submission: Hydrograph link No. 1
ZAP Panel Member Lois Steinbeck Submission: Hydrograph link No. 2
DRAFT (2-7-22) Urban Residential Mixed Use District(PDF, 510KB)
DRAFT (2-7-22) Suburban Residential Mixed Use District(PDF, 280KB)
DRAFT (2-7-22) Rural Residential Mixed Use District(PDF, 238KB)
- DRAFT (2-7-22 with Panel Member Archie Harper comments)(PDF, 251KB)
DRAFT (2-7-22) Planned Development Overlay District(PDF, 338KB)

Meeting Materials to distribute to Panel Members for January 26, 2022 Meeting:

Meeting Materials to distribute to Panel Members for January 12, 2022 Meeting:

Meeting Materials to distribute to Panel Members for December 22, 2021 Meeting:

DRAFT (12-8-21) Urban Residential Mixed Use District Regulations(PDF, 521KB) (with Comments from ZAP members included).
DRAFT (12-20-21) Urban Residential Mixed Use District Regulations(PDF, 375KB)
DRAFT October 27, 2021 Meeting Minutes(PDF, 685KB)
- Approved October 27 Meeting Minutes(PDF, 685KB)
Public Comment received between December 3, 2021 (noon) and December 17, 2021 (noon)(PDF, 8MB)
Public Comment Submitted at the December 8, 2021 meeting:
1. John Herrin Submission(PDF, 1015KB)
Letter to Zoning Advisory Panel from the Board of County Commissioners, dated 12/16/2021(PDF, 146KB)

Meeting Materials to distribute to Panel Members for December 8, 2021 meeting:

DRAFT October 13, 2021 Meeting Minutes(PDF, 206KB)
- Approved October 13, 2021 Meeting Minutes(PDF, 716KB)
DRAFT (12-3-21) Urban Residential Mixed Use District Regulations(PDF, 444KB)
Public Comment received between November 5, 2021 (noon) and December 3, 2021 (noon)(PDF, 41MB)
Public Comment Submitted at the November 10, 2021 meeting.
1. Chris Stockwell Submission(PDF, 197KB)

Meeting Materials to distribute to Panel Members for November 10, 2021 meeting:

DRAFT September 22, 2021 Meeting Minutes(PDF, 729KB)
- Approved September 22, 2021 Meeting Minutes(PDF, 735KB)
Sample R1/R2 Residential District and Commercial (B2) district for the Urban Residential Mixed Use District(PDF, 136KB)
Form-Based Codes: An Introduction to the Basics YouTube video prepared by the Montana Department of Commerce
Public Comment received between October 22, 2021 (noon) and November 5, 2021 (noon) (NONE SUBMITTED with the exception of Written Comments provided at the October 27, 2021 Meeting linked under the meeting materials for October 27, 2021.)

Meeting Materials to distribute to Panel Members for October 27, 2021 meeting:

Meeting Materials to distribute to Panel Members for October 13, 2021 meeting:

PowerPoint Presentation on Vested Rights and Non-Conformity in the Zoning Regulations(PDF, 469KB) (Same as posted for 9/22/2021, Continued from 9/22/2021)
Public Comment received between September 17, 2021 (noon) and October 8, 2021 (noon)(PDF, 15MB)

Meeting Materials to distribute to Panel Members for September 22, 2021 meeting:

Meeting Materials to distribute to Panel Members for September 8, 2021 meeting:

Meeting Materials to distribute to Panel Members for August 25, 2021 meeting:

Meeting Materials to distribute to Panel Members for August 11, 2021 meeting:

Meeting Materials to distribute to Panel Members for July 28, 2021 meeting:

Meeting Materials distribute to Panel Members for July 14, 2021 meeting:

Meeting Materials distributed to Panel Members for June 23, 2021 meeting:

Meeting Materials distributed to Panel Members for June 9, 2021 meeting:

Meeting Materials distributed to Panel Members for May 26, 2021 meeting:

DRAFT April 28, 2021 Meeting Minutes(PDF, 246KB)
- Approved April 28, 2021 Meeting Minutes(PDF, 247KB)
ZAP Floodplain Presentation Primer(PDF, 76KB)
Link to the County's information Webpage on flooding
Public Comment received between May 7, 2021 (noon) and May 21, 2021 (noon)(PDF, 684KB)
DRAFT County Road Operations Budget(PDF, 979KB) (Provided by County Public Works Director, Eric Griffin after May 12, 2021 ZAP meeting)

Meeting Materials distributed to Panel Members for May 12, 2021 meeting:

Meeting Materials distributed to Panel Members for April 28, 2021 meeting:

Meeting Materials distributed to Panel Members for April 14, 2021 meeting:

DRAFT March 10, 2021 Meeting Minutes(PDF, 189KB)
- Approved March 10, 2021 Meeting Minutes(PDF, 189KB)
DRAFT March 24, 2021 Meeting Minutes(PDF, 239KB)
- Approved March 24, 2021 Meeting Minutes(PDF, 239KB)
City of East Helena 2014 Growth Policy *Link will take reader to City of East Helena Website: https://easthelenamt.us/EH.Growth.Policy.2014.pdf
City of East Helena February 2021 DRAFT Growth Policy *Link will take reader to City of East Helena Website:

https://easthelenamt.us/PDF/CityOfEastHelena_Feb2021_Draft_GrowthPolicyUpdate.pdf
Public Comment received between March 20, 2021 and April 9, 2021 (noon)(PDF, 194KB)

Meeting Materials distributed to Panel Members for March 24, 2021 meeting:

Approved February 24, 2021 Meeting Minutes(PDF, 225KB)

Meeting Materials distributed to Panel Members for March 10, 2021 meeting:

Approved February 10, 2021 Meeting Minutes(PDF, 548KB)

Meeting Materials distributed to Panel Members for February 24, 2021 meeting:

DRAFT February 10, 2021 Meeting Minutes(PDF, 174KB)
Zoning Advisory Panel Ground Rules(PDF, 75KB)
City of Helena Growth Policy *Link will take reader to City of Helena Website: https://www.helenamt.gov/government/departments/community-development/planning/long-range-planning
City of East Helena Growth Policy

Meeting Materials distributed to Panel Members for February 10, 2021 meeting:

Approved January 27, 2021 Meeting Minutes(PDF, 178KB);
Presentation made during the meeting regarding State and Local Land Use Codes and Regulations(PDF, 579KB); and
Presentation made during the meeting regarding 2015 Growth Policy Update, Helena Valley Area Plan;(PDF, 6MB)
Noted Resource for Land Use information and education: Montana Department of Commerce, Community Development Division: Community Technical Assistance Program *Link will take reader to a State of Montana Website: https://comdev.mt.gov/Programs/CTAP

Meeting Materials distributed to Panel Members for January 27, 2021 meeting:

Memorandum from Peter Italiano, Director of Community Development and Planning(PDF, 36KB);
ZAP Resolution of Formation and By-Laws ORIGINAL(PDF, 3MB) and RE-ADOPTED(PDF, 3MB);
Growth Policy - 2015 Update for the Helena Valley Planning Area (HVPA) - Volumes 1 and 2;
Montana Code Annotated (MCA) (2019) - Land-use and planning related statutes;
Sections 7, 8, and 9 of the recently approved Zoning Regulations for the HVPA(PDF, 227KB); and
Membership Roster(PDF, 101KB).

Workplan Process and Timeline

ZONING ADVISORY PANEL WORKPLAN PROCESS AND TIMELINE(PDF, 120KB) [Last Updated July 29, 2021]

Frequently Asked Questions

ABZ's of Zoning(PDF, 592KB)

What is the purpose of Zoning?

Different States often define Zoning differently. Even within Montana, the approach taken by Counties with Part 2 Zoning is not completely similar. However, the generally agreed upon purpose of Zoning is to address issues such as public health, safety and general welfare.

On another level, Zoning is a tool to implement the strategy set forth in the Lewis and Clark County Growth Policy that specifically calls out the need to focus on five key issues: water, wastewater, roads, fire protection and flooding.

Possibly, the most important aspect of Zoning is to protect, enhance and stabilize property values. For example, Zoning can ensure a mix of uses such as hog farms, cement batch plants, heavy industrial rail yards, residential neighborhoods, medical marijuana facilities and daycare centers are not built adjacent to or in close proximity to each other. Zoning can also be very effective at protecting both the existing "character" of a community as well as the area's natural resources such as water.

Will zoning increase my property taxes?

Property taxes are usually based on land value. Typically, land value comes from its use rather than Zoning classification. For example, land used commercially is generally higher value than land used residentially. In a commercially zoned area, a supermarket center would most likely have higher property taxes than a mini-storage facility with the same Zoning. Likewise, in a residential zone district, an area of single-family homes might have higher property taxes than an area of multi-family condominiums.

Typically, Zoning affects compatibility and neighborhood character. When Zoning effectively protects area compatibility, property values may be enhanced through resultant higher priced property sales. As property values increase, property taxes may increase. In short, the value of a property directly affects property taxes.

How will zoning affect my property values?

Zoning tends to stabilize property values, meaning it protects against values going down as much as they may increase. Zoning discourages incompatible uses of land from locating next to one another (hog farm next to residential homes). It is common to see property values increase with development regulations, rather than the misperception they decrease. Some of the highest valued areas in the United States have strong Zoning regulations.

In Montana, there are many examples where higher levels of Zoning and development regulation enhanced and stabilized property values. While both the towns of Red Lodge and Bear Creek are next door to one another, Red Lodge has much higher property values and many more layers of development oversight through Zoning. Another example is Big Sky, where property values are protected because Zoning prevents incompatible uses.

Is Zoning Restrictive or Protective?

This largely depends on individual perspective. A low-density residential zone district on a quiet, mostly untraveled road in an area made up primarily of single-family homes would most likely view residential Zoning as protective. The residential Zoning could be used against a proposal for an asphalt batch plant (with very bright lights and strong odors), next to homes.

On the other side, the owner of the proposed batch plant might view residential Zoning as restrictive. However, appropriate Zoning could serve to protect the asphalt batch plant owner and their investment from being harmed by future residential development next to the plant. Often, when this scenario occurs, the new homeowners seek to eliminate the adjacent use they may find incompatible. This scenario has played out in Montana using Part 1 Zoning.

What if I want to develop my property differently from the way it is zoned?

Property owners always have the right to ask the County to change the Zoning of a particular parcel. This is called "Rezoning." The property owner would file an application to rezone the property to a particular zone district that would allow the desired use. Typically, the process to rezone land is similar to the process to initially zone the land. Staff would study the impacts of the proposed rezoning to the area along with its relation to the Growth Policy, and then a public hearing would likely be required. At the hearing and as part of the fact finding process for the County Commissioners, citizens would have the ability to speak on behalf of, or in opposition to, the rezoning.

How would existing Part-1 Zoning be affected by the Part-2 Helena Valley Zoning Regulations?

County-initiated Part-2 Zoning would be a layer of Zoning in addition to existing Part-1 Zoning. The Part-1 Zoning would continue to apply until such time that Part-1 Zoning was removed.

What happens to the County Zoning classification if my land is annexed by a City?

When land is annexed by a City, the County Zoning is nullified and the land is zoned according to the City's zoning ordinance.

Would the County Zoning control the minimum size or price of houses?

No. The County's zoning regulations would not contain any reference to the size or price of houses.

Would the County Zoning allow me to operate a business out of my house?

Commonly referred to as Home Occupations, most zoning regulations allow for this type of land use. Home occupations need to be clearly incidental to, and not alter, the character of the residential area for the primary use. It is common for a zoning code to allow for several different levels or types of home occupations. Some common benefits of home occupations are reduced vehicle trips traveled per day and less traffic congestion, especially during peak demand times.

What is a setback?

A setback is the minimum distance structures on a parcel of land must be from any property line on that land. Setbacks prevent structures from crowding too close together and create a buffer between neighbors. Setbacks also prevent the encroachment of similar or incompatible uses upon one another. Typically, different types of zoning districts would have different setbacks depending upon the purpose of the district.

Does Zoning affect lot size?

As the minimum setback between buildings varies from one zoning district to another, the minimum size of individual lots may also be affected. A common belief is that minimum lot size helps protect property values in a subdivision by ensuring that the lots will have similar characteristics. However, a minimum lot size does not necessarily affect the overall density of proposed developments within a given zone district.

How many Counties in Montana have Part-2 (County Initiated) Zoning?

At last count, there were 14 Counties with Zoning. Of the 14 Counties with County-Initiated Zoning, two are the Consolidated Governments of Butte-Silver Bow and Anaconda-Deer Lodge. The other 12 zoned Counties are: Cascade, Chouteau, Daniels, Flathead, Gallatin, Granite, Jefferson, Lake, Missoula, Park, Powell, and Yellowstone. With 25% of the State Counties zoned, it is clear that County-Initiated Zoning is neither a new, nor an unconstitutional concept within the State of Montana.

When people ask why they should not feel uncomfortable with county Zoning, the most common answers are that Zoning is not new and that it serves to protect, enhance and stabilize property values. In areas without zoning, a common and regular source of concern is the impacts associated with land development such as the five key issues identified in the 2015 Helena Valley Growth Policy: roads, water, wastewater, fire, and floods. Additional concerns include the unregulated mix of uses within a given area. The citizens of the County have voiced their concerns that these sorts of impacts are simply not acceptable, at times even offensive, and potentially hazardous.

Are there other land-use tools available to protect my property values?

Yes, in addition to Zoning, Lewis & Clark County has several "tools" in its Growth Management Toolbox. Some examples include Subdivision Regulations, Floodplain Regulations, and Roadway Standards. These are to ensure development is done in an environmentally sensitive manner while also protecting the quality of life in an area.

Unlike Zoning, these tools do not allow the County to be fully sensitive to our Citizen's desires for particular development patterns in the County. Our Citizens have spoken clearly as to their expectations and desires as set forth in the County Growth Policy. By far, the best tool to effectively implement the County Growth Policy (especially the Helena Valley Area Plan) is a comprehensive, County-Initiated Part -2 Zoning program throughout the Helena Valley.

Community Development and Planning Contact Information

Community Development and Planning Department
Room 230, City/County Building
316 N. Park Ave., Helena, MT 59623

Department Phone: (406) 447-8374
Department Email: Email

Hours:
8:00 a.m.- 5:00 p.m.
Monday-Friday