a.
County Zoning Commission
- Meeting Date:
- 03/10/2025
- SUBJECT
- Zone Change 727 - Text Amendments 2025 - Public Hearing
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
The County Zoning Commission initiated these amendments on February 10, 2025. The amendments cover 12 sections of the 2020 Yellowstone County Zoning Code. The Planning staff drafted the amendments to the Yellowstone County Zoning Code to correct errors, cross-references and generally make housekeeping amendments to the code. The code was adopted in late 2020 and is in need of cleanup. In addition, the County Board of Adjustment and the County Zoning Commission have suggested several amendments over the last four (4) years to improve the code and align it with county growth policy goals. Some of the amendments mirror the updates to the city's zoning code adopted over the last four years, especially the urban zoning districts available through the Planned Neighborhood Development zoning process (Sec. 27-800).
RECOMMENDATION
The Planning staff recommends the Commission hold a public hearing and review the final drafts and make a recommendation on each one of the proposed amendments. The Planning staff recommends approval of these amendments based on the draft findings for 11 review criteria for zone changes.
The proposed amendments are as follows:
The proposed amendments are as follows:
- Residential zones - Section 27-300
- Commercial and Mixed Use zones - Section 27-400
- Public zones - Section 27-500
- Industrial zones - Section 27-600
- Planned Neighborhood Development process standards - Section 27-800
- Use Table and Use Standards - Section 27-1000
- Proportionate Compliance standards - Section 27-1100
- Landscaping standards - Section 27-1200
- Off-street parking - Section 27-1300
- Sign Code - Section 27-1400
- Nonconformities - Section 27-1500
- Violations and Enforcement - Section 27-1700
APPLICATION DATA
Not applicable.
CONCURRENT APPLICATIONS
Not applicable.
APPLICABLE ZONING HISTORY
The current Yellowstone County Zoning Code was adopted by the County Commissioners in November 2020 with an effective date of December 15, 2020. Since that time, only one amendment has been made to clarify the zoning for marijuana businesses.
SURROUNDING LAND USE & ZONING
Not applicable.
BACKGROUND
Since the adoption of the Yellowstone County Zoning Code in late 2020, Planning staff have been monitoring the implementation of this completely revised zoning. The new code was the culmination of a three-year process - Project ReCode - that included a separation of the unified code into two separate zoning codes - one for the city and one for the county. The County code housekeeping was delayed due to an emergent issue with marijuana business land use standards and regulations that happened in late 2021. The adoption of interim zoning in 2021 resulted in significant time invested in studying the issue and its real and anticipated impact on the zoned areas of Yellowstone County. In late 2023, the County Commissioners adopted the final set of zoning regulations for marijuana businesses and these are in effect in the zoning jurisdiction.
While most of the proposed changes are corrections of errors, or cross-references, some are changes to the code that are substantial, including a change to the Rural Residential zone districts to allow more than one principal dwelling on an undivided lot depending on lot area, a change to the sign code allowing billboard signs to use LED technology displays (on a motion of the County BOA), and other changes to the sign code to align with city initiated sign code changes. The Planning staff believes these substantive changes will ease some pain points of the new code and keep the codes effective and efficient. Not every change or amendment adopted by the city over the last three years is applicable or appropriate to the County's zoning code.
Code Amendments Summary
1. Section 27-300 - Residential and Neighborhood Zone Districts
The amendments to this section include minor edits to correct errors as well as more substantive changes. Required locations for storage of trash containers caused confusion early on in the implementation phase of the new code. Since lots in the county zoned area tend to be larger lots, allowing the storage of trash containers in an interior side yard in addition to a rear yard is acceptable. The new code also did not include the previous code language excepting unoccupied structures from the height limits in the residential zones that apply to occupied structures. This language is proposed to be added back to provide exceptions for chimneys, cupolas, water towers or tanks and similar accessory and unoccupied structures in the residential zones. The city code will also be modified to include this height exception language. The third change to the residential code is in reference to how yards must be treated. The 60% landscaping requirement for front, side, and rear yards was not an enforceable provision or an improvement to county neighborhoods. In a semi-arid, high-elevation climate, keeping a large lot in living landscape is not a viable option. Many county residents choose a low-water option for their yards and other parts of the county's zoning and property maintenance codes require these areas to be kept clean. The fourth change is to put back into the code the arterial setback requirements for buildings and required parking. This was inadvertently left out of the code when it was updated in 2020. These setbacks are important for safety as well as for reserving land for potential future expansion of an arterial street such as Bitterroot Drive, Alkali Creek Road, Grand Avenue, Johnson Lane, Old Hardin Road, or 48th St West to name a few of the county's arterial streets.
While most of the proposed changes are corrections of errors, or cross-references, some are changes to the code that are substantial, including a change to the Rural Residential zone districts to allow more than one principal dwelling on an undivided lot depending on lot area, a change to the sign code allowing billboard signs to use LED technology displays (on a motion of the County BOA), and other changes to the sign code to align with city initiated sign code changes. The Planning staff believes these substantive changes will ease some pain points of the new code and keep the codes effective and efficient. Not every change or amendment adopted by the city over the last three years is applicable or appropriate to the County's zoning code.
Code Amendments Summary
1. Section 27-300 - Residential and Neighborhood Zone Districts
The amendments to this section include minor edits to correct errors as well as more substantive changes. Required locations for storage of trash containers caused confusion early on in the implementation phase of the new code. Since lots in the county zoned area tend to be larger lots, allowing the storage of trash containers in an interior side yard in addition to a rear yard is acceptable. The new code also did not include the previous code language excepting unoccupied structures from the height limits in the residential zones that apply to occupied structures. This language is proposed to be added back to provide exceptions for chimneys, cupolas, water towers or tanks and similar accessory and unoccupied structures in the residential zones. The city code will also be modified to include this height exception language. The third change to the residential code is in reference to how yards must be treated. The 60% landscaping requirement for front, side, and rear yards was not an enforceable provision or an improvement to county neighborhoods. In a semi-arid, high-elevation climate, keeping a large lot in living landscape is not a viable option. Many county residents choose a low-water option for their yards and other parts of the county's zoning and property maintenance codes require these areas to be kept clean. The fourth change is to put back into the code the arterial setback requirements for buildings and required parking. This was inadvertently left out of the code when it was updated in 2020. These setbacks are important for safety as well as for reserving land for potential future expansion of an arterial street such as Bitterroot Drive, Alkali Creek Road, Grand Avenue, Johnson Lane, Old Hardin Road, or 48th St West to name a few of the county's arterial streets.
The amendments to sections 27-304 through 27-312 mostly mirror the changes already completed for similar residential and neighborhood zones in the city. The exceptions to this are the changes to the N4 and RR1/RR3 zone districts at 27-304 and 27-305. The current code for the N4 zones does not have provisions to allow multiple dwellings (principal buildings) on a larger lot. For example, in the N4 the minimum lot area is 15,001 square feet (sf) and the minimum lot width at the street is 80 ft. If there were a 38,000 sf lot and 170 ft of street frontage, then the lot should be able to have a second dwelling on the lot and still meet the intent and purpose of the N4 zone district - large lot suburban style development. The changes in the N4 zone are intended to allow this without the need to subdivide the lot to provide a second parcel. The lot must meet the minimum lot width and minimum lot area required for each principal building. This provision would not override or replace any subdivision covenants that are contrary to this zoning. For example, if the covenants state that no parcel may have more than one single family dwelling unit, and no parcel may be further subdivided, then that is the requirement. The zoning would not overcome these restrictions. In the Rural Residential zones in Section 27-305, the code currently allows only one principal building per lot - regardless of the lot area or street frontage of the parcel. The proposed amendment would allow two dwellings per parcel as long as the minimum lot area is met for each residence. For example, if there is a home on a lot in the RR3 zone that is 7 acres, an additional residence on the property can be built without subdividing the parcel. The lot has at least three acres for each principal building.
Other amendments in these zone districts include allowing a detached accessory building to be in any yard except the front yard. The front yard is the location between the street and the front facade of the dwelling. The current code only allows detached accessory buildings in the rear yard or the rear yard and a side yard. This change would allow a detached accessory building in the rear yard, interior side yard, or the street side yard. Another amendment to these sections is to exempt lots on cul-de-sacs or flag lots from the building a siting standards for the residential zones. There are many county residential subdivisions with these features that would otherwise be considered non-conforming.
Another substantive change is the reference to a "Type A" and "Type B" manufactured home. A legislative amendment in 2023 discontinued the allowance to designate types of manufactured homes by design or year built. This amendment brings the county code into compliance with the new state law.
2. Section 27-400 - Commercial and Mixed Use Districts
Amendments in this section also include minor corrections and cross-references. A change to the state law for city zoning required allowing multi-unit development in any mixed-use or commercial zone. Although the county is not required to allow this, it makes sense to allow this within the urban zone districts that are allowed within the Lockwood Water and Sewer District area. It is a flexibility that encourages the infill of underused parcels that may not need a zone change to build multifamily dwellings due to the location and expectation of use intensity in a commercial or mixed-use zone. Amendments to this section also include adding back the height exceptions similar to the changes in Section 27-300.
3. Section 27-500 - Public Districts
This is a minor clarification on the existing height exception rule to differentiate between a "structure" and a "building". A structure is anything that requires location on or in the ground, while a building is a structure that has four walls and a roof. These are definitions that already exist within the zoning code in Section 27-1803.
4. Section 27-600 - Industrial Districts
The only amendment for this section is identical to the other amendments for height exceptions.
5. Section 27-800 - PND Process and Urban District Uses
The changes for this section include language to clarify the Planned Neighborhood Development (PND) is a process and not a type of zone district. The update to the use table in Section 27-803.C, is intended to mirror the changes already in place for the city zone districts. This includes the allowance for multi-unit development in commercial and mixed-use zones,
6. Section 27-1000 - Uses and Use Standards
The amendments include changes to the Principal Use Table (Table 27-1000.1) and to the Accessory Use Table (Table 27-1000.4). The first change in the Principal Use table is to remove the reference to manufactured home types and allow these in districts. A separate change in the definition section clarifies that a manufactured home is a home built on or after June 15, 1976. Any home manufactured prior to this date is a mobile home and would not be allowed to be placed in any of the county's residential zones. Currently, the code states a mobile home (built prior to the HUD code of 1976) can request a special review to be placed in a rural residential zone. The county has not approved any of these requests since 2009, and state law does not require a city or county to provide a zone district where these would be allowed by right or by conditional approval. A home manufactured prior to 1976 is now at least 50 years old and likely reaching its suitability for a safe dwelling. There are a few that still existing on zoned property in the county, but these will be replaced eventually either with site-built homes, modular homes built to the residential building code, or a manufactured home that was built under the 1976 HUD code.
The next amendment to the use table is to clarify where casinos and bars are required to meet minimum separations as per Section 27-1005. (G and J) and where a special review is required and where it is permitted. The primary reason for a special review of either a bar or casino is to review separation distances and to grant a waiver or not grant a waiver of those requirements. The Light Industrial (I1) zone district is exempt from separation distances. The staff proposes to eliminate the special review requirement for casinos in the I1 zone district and make them an allowed use. To qualify as a primary use, a casino must have more than nine gambling machines or gaming tables.
A third major amendment is to allow personal service and studio or instruction services in the Public 3 (P3) - Civic Campus zone district. Metra Park is a P3-Civic Campus zone. Allowing these two business types will allow a diverse market for activity in these districts. The amendment also proposes to allow limited retail businesses in the Light Industrial (I1) zones without drive-through service. There are several of these limited retail businesses that exist within county I1 zone districts, including the Archery Store and Summit Clothing in Lockwood.
Amendments in Section 27-1003 are intended to reflect the updates in the Use Tables both in this section and in Section 27-800 for urban zone districts. Other changes reflect changes already made in the city zoning code that eased some difficulty in code administration or are under consideration to clarify the code. The proposed amendment to allow the re-use of shipping containers for a building in any zone district has been shelved at this time. Staff research revealed that most similar cities and counties in the region do not have specific regulations and those that do have regulations note that no one takes advantage of the allowance. It is likely the requirement to make the container compliant with building codes is cost-prohibitive in this climate.
The proposed changes for accessory uses and structures are to clarify when detached accessory structures are included in the size limitations. The proposed changes in the accessory use table are intended to clarify when uses have use restrictions or location limits.
7. Section 27-1100 - Proportionate Compliance
These amendments are intended to mirror the updates and improvements already made to the city zoning code. The changes are intended to provide clarity as to when incremental compliance with the new zoning standards is required when a building or site is remodeled or updated. This happens more often in the city limits but also applies within the county zoned area.
8. Section 27-1200 - Landscaping
This part of the county zoning code was adopted prior to the remainder of the update that happened in December 2020. This section needs amendments to clarify when certain landscape elements are required, such as buffer yards, parking lot landscaping and whether tree preservation for use in a new development is allowed. In addition, there was an area in Section 27-1203.B concerning the minimum lot area that triggers the requirement for a Landscape Architect to design a landscape plan. No landscape plan is required for new residential subdivisions or developments, regardless of the development size. All new residential lots are required to provide street trees except in the Rural Residential (RR1/3) or Agricultural (A) zone districts. A proposed new section will require some minimal screening of utility and mechanical equipment to the maximum extent possible. A final amendment updates some language in the fence requirements to allow additional materials, including commercial zone districts for the use of barbed wire or electrical fencing. The amendment would allow non-listed fence materials to be allowed through administrative relief rather than special review by the County Commissioners.
9. Section 27-1300 - Parking and Loading
The minor amendment to the parking rate table (Table 27-1300.1) is intended to mirror the city code changes to relieve some pressure to provide off-street parking for residential uses. This includes reducing the minimum from two to one for multi-unit developments (3 or more attached dwellings) and for manufactured homes.
10. Section 27-1400 - Sign Code
This is an extensive amendment to the sign code that will match similar changes in the city sign code to alleviate pain points such as requiring commercial landlords to manage attached wall sign area allocations, duplicating and contradicting sign measurement standards and correcting errors in the code. The sign code in the county also did not specify that billboards - off-premise signs - could have Electronic Message Displays (EMDs). The County Board of Adjustment (BOA) heard an appeal from a billboard sign company to make a ruling on this issue. The BOA ruled in favor of the sign company to allow the EMD and directed staff to prepare an amendment that clarified this code allowance.
11. Section 27-1500- Nonconformities
These are minor changes to include all zone districts in the county and to allow for the re-building of any residential use in any zone district except for the Heavy Industrial (I2) zone. This change provides every residential homeowner the ability to keep their equity and investment in their property. For example, if I owned a home in a Heavy Commercial zone, I would not be allowed to rebuild that home in the case of a fire or other calamity. This situation has led to some neglect of property maintenance and the inability of homeowners to acquire insurance or mortgages for existing homes.
12. Section 27-1700 - Violations Enforcement and Remedies
This amendment will allow the County Commissioners to appoint an enforcement officer for the county zoning code. The Commissioners have already made this delegation to the County Code Enforcement and Junk Vehicle Director, Mike Schieno. This amendment will formalize this understanding. The Planning staff, through the Zoning Coordinator position, will still administer, interpret and apply the code on a day-to-day basis for county zoning permits and zoning applications. The Planning staff works closely with Mr. Schieno and the County attorney's office when complaints about zoning violations are received. The amendment also includes a reference to the state law that requires a county to provide at least 30 days for a person to bring a property into compliance with the zoning regulations prior to filing a formal complaint with a court.
Amendments in this section also include minor corrections and cross-references. A change to the state law for city zoning required allowing multi-unit development in any mixed-use or commercial zone. Although the county is not required to allow this, it makes sense to allow this within the urban zone districts that are allowed within the Lockwood Water and Sewer District area. It is a flexibility that encourages the infill of underused parcels that may not need a zone change to build multifamily dwellings due to the location and expectation of use intensity in a commercial or mixed-use zone. Amendments to this section also include adding back the height exceptions similar to the changes in Section 27-300.
3. Section 27-500 - Public Districts
This is a minor clarification on the existing height exception rule to differentiate between a "structure" and a "building". A structure is anything that requires location on or in the ground, while a building is a structure that has four walls and a roof. These are definitions that already exist within the zoning code in Section 27-1803.
4. Section 27-600 - Industrial Districts
The only amendment for this section is identical to the other amendments for height exceptions.
5. Section 27-800 - PND Process and Urban District Uses
The changes for this section include language to clarify the Planned Neighborhood Development (PND) is a process and not a type of zone district. The update to the use table in Section 27-803.C, is intended to mirror the changes already in place for the city zone districts. This includes the allowance for multi-unit development in commercial and mixed-use zones,
6. Section 27-1000 - Uses and Use Standards
The amendments include changes to the Principal Use Table (Table 27-1000.1) and to the Accessory Use Table (Table 27-1000.4). The first change in the Principal Use table is to remove the reference to manufactured home types and allow these in districts. A separate change in the definition section clarifies that a manufactured home is a home built on or after June 15, 1976. Any home manufactured prior to this date is a mobile home and would not be allowed to be placed in any of the county's residential zones. Currently, the code states a mobile home (built prior to the HUD code of 1976) can request a special review to be placed in a rural residential zone. The county has not approved any of these requests since 2009, and state law does not require a city or county to provide a zone district where these would be allowed by right or by conditional approval. A home manufactured prior to 1976 is now at least 50 years old and likely reaching its suitability for a safe dwelling. There are a few that still existing on zoned property in the county, but these will be replaced eventually either with site-built homes, modular homes built to the residential building code, or a manufactured home that was built under the 1976 HUD code.
The next amendment to the use table is to clarify where casinos and bars are required to meet minimum separations as per Section 27-1005. (G and J) and where a special review is required and where it is permitted. The primary reason for a special review of either a bar or casino is to review separation distances and to grant a waiver or not grant a waiver of those requirements. The Light Industrial (I1) zone district is exempt from separation distances. The staff proposes to eliminate the special review requirement for casinos in the I1 zone district and make them an allowed use. To qualify as a primary use, a casino must have more than nine gambling machines or gaming tables.
A third major amendment is to allow personal service and studio or instruction services in the Public 3 (P3) - Civic Campus zone district. Metra Park is a P3-Civic Campus zone. Allowing these two business types will allow a diverse market for activity in these districts. The amendment also proposes to allow limited retail businesses in the Light Industrial (I1) zones without drive-through service. There are several of these limited retail businesses that exist within county I1 zone districts, including the Archery Store and Summit Clothing in Lockwood.
Amendments in Section 27-1003 are intended to reflect the updates in the Use Tables both in this section and in Section 27-800 for urban zone districts. Other changes reflect changes already made in the city zoning code that eased some difficulty in code administration or are under consideration to clarify the code. The proposed amendment to allow the re-use of shipping containers for a building in any zone district has been shelved at this time. Staff research revealed that most similar cities and counties in the region do not have specific regulations and those that do have regulations note that no one takes advantage of the allowance. It is likely the requirement to make the container compliant with building codes is cost-prohibitive in this climate.
The proposed changes for accessory uses and structures are to clarify when detached accessory structures are included in the size limitations. The proposed changes in the accessory use table are intended to clarify when uses have use restrictions or location limits.
7. Section 27-1100 - Proportionate Compliance
These amendments are intended to mirror the updates and improvements already made to the city zoning code. The changes are intended to provide clarity as to when incremental compliance with the new zoning standards is required when a building or site is remodeled or updated. This happens more often in the city limits but also applies within the county zoned area.
8. Section 27-1200 - Landscaping
This part of the county zoning code was adopted prior to the remainder of the update that happened in December 2020. This section needs amendments to clarify when certain landscape elements are required, such as buffer yards, parking lot landscaping and whether tree preservation for use in a new development is allowed. In addition, there was an area in Section 27-1203.B concerning the minimum lot area that triggers the requirement for a Landscape Architect to design a landscape plan. No landscape plan is required for new residential subdivisions or developments, regardless of the development size. All new residential lots are required to provide street trees except in the Rural Residential (RR1/3) or Agricultural (A) zone districts. A proposed new section will require some minimal screening of utility and mechanical equipment to the maximum extent possible. A final amendment updates some language in the fence requirements to allow additional materials, including commercial zone districts for the use of barbed wire or electrical fencing. The amendment would allow non-listed fence materials to be allowed through administrative relief rather than special review by the County Commissioners.
9. Section 27-1300 - Parking and Loading
The minor amendment to the parking rate table (Table 27-1300.1) is intended to mirror the city code changes to relieve some pressure to provide off-street parking for residential uses. This includes reducing the minimum from two to one for multi-unit developments (3 or more attached dwellings) and for manufactured homes.
10. Section 27-1400 - Sign Code
This is an extensive amendment to the sign code that will match similar changes in the city sign code to alleviate pain points such as requiring commercial landlords to manage attached wall sign area allocations, duplicating and contradicting sign measurement standards and correcting errors in the code. The sign code in the county also did not specify that billboards - off-premise signs - could have Electronic Message Displays (EMDs). The County Board of Adjustment (BOA) heard an appeal from a billboard sign company to make a ruling on this issue. The BOA ruled in favor of the sign company to allow the EMD and directed staff to prepare an amendment that clarified this code allowance.
11. Section 27-1500- Nonconformities
These are minor changes to include all zone districts in the county and to allow for the re-building of any residential use in any zone district except for the Heavy Industrial (I2) zone. This change provides every residential homeowner the ability to keep their equity and investment in their property. For example, if I owned a home in a Heavy Commercial zone, I would not be allowed to rebuild that home in the case of a fire or other calamity. This situation has led to some neglect of property maintenance and the inability of homeowners to acquire insurance or mortgages for existing homes.
12. Section 27-1700 - Violations Enforcement and Remedies
This amendment will allow the County Commissioners to appoint an enforcement officer for the county zoning code. The Commissioners have already made this delegation to the County Code Enforcement and Junk Vehicle Director, Mike Schieno. This amendment will formalize this understanding. The Planning staff, through the Zoning Coordinator position, will still administer, interpret and apply the code on a day-to-day basis for county zoning permits and zoning applications. The Planning staff works closely with Mr. Schieno and the County attorney's office when complaints about zoning violations are received. The amendment also includes a reference to the state law that requires a county to provide at least 30 days for a person to bring a property into compliance with the zoning regulations prior to filing a formal complaint with a court.
SUMMARY
Prior to making a recommendation, the Zoning Commission shall consider the findings recommended by the Planning staff:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed Zoning Text Amendments are consistent with the following goals of the 2008 County Growth Policy and the 2016 Lockwood Growth Policy.
2008 County Growth Policy goals and objectives:
2. Is the new zoning designed to secure from fire and other dangers?
The updated zoning requires minimum setbacks, open and landscaped areas and building separations in the county's zone districts. The updated zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The updated zoning will allow rural development patterns to persist and be a normal pattern throughout most of the County's zoning jurisdictions. The rural development pattern has additional setbacks and building restrictions that can prevent the spread of fire from structure to structure.
3. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning code amendments will put back into the code the arterial setback requirements that protect the County's ability to improve and expand these major transportation routes in the future. These requirements were inadvertently left out of the code update in 2020.
Water and Sewer: The county does not provide water or sewer services throughout the County zoned area. Lockwood does have a water and sewer district and this area is allowed to have denser residential development and mixed-use commercial districts. Clarification of urban districts is important for future re-zoning in the Lockwood area.
Schools and Parks: Schools and parks should not be affected by the proposed zoning amendments. Planning staff did reach out to these organizations, and have not received any comments.
Fire and Police: Fire and other public safety services should not be affected by the proposed zoning amendments. Planning staff did reach out to these organizations and have not heard any comments.
4. Whether the new zoning will promote public health, public safety and general welfare?
Public health, public safety and general welfare will be promoted by the proposed zoning code amendments. Public health will be improved by clarifying the allowed uses in the urban zone districts. Rural residential development can continue, and the amendments will allow some rural lots to add one additional dwelling without a subdivision. General welfare will be promoted by making the code more understandable, easier to implement and with rural-specific provisions incorporated throughout.
5. Will the new zoning provide adequate light and air?
The proposed zoning amendments, as do the current zoning requirements, provide for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
The updated zoning has off-street parking requirements that better reflect the parking demand for residential land uses. The amendment to require minimum arterial street setbacks will improve the safety and integrity of arterial streets in the county.
7. Will the new zoning promote compatible urban growth?
The zoning amendments do promote compatibility with urban growth. The City and County will have separate zoning codes, but the code updates will equalize the provisions for the urban zone districts in the city and county.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
In general, this criterion is not applicable to text amendments. The text amendments do clarify where certain uses may be located and update some of those use standards.
9. Will the new zoning conserve the value of buildings?
In general, the zoning code amendments should conserve the value of buildings throughout the County. The amendment to Section 27–1500 Nonconformities will help preserve individual investments in residential homes regardless of the zone district where those dwellings are located.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The zoning amendments to the use table and standards will encourage the most appropriate use of land in Yellowstone County.
11. Will the new zoning be as compatible as possible with the adjacent zoning in the City?
The county zoning jurisdictional area was originally extended approximately 4.5 miles from the city limits in 1973. Since that time, the city limits have expanded, but the jurisdictional boundary for county zoning has not expanded. There are areas where active agricultural uses are directly adjacent to newer city neighborhoods and commercial developments. It is not always possible to create compatibility in these areas, particularly since annexation is most often accomplished by petition of the property owner. The code amendments that make the urban districts similar to the uses and use standards in the city may help alleviate some discordance between the city and county zone districts. Keeping the sign code similar to the city's sign code will normalize the competition between city and county commercial developments. The amendments improve the compatibility between the city and county zoning.
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed Zoning Text Amendments are consistent with the following goals of the 2008 County Growth Policy and the 2016 Lockwood Growth Policy.
2008 County Growth Policy goals and objectives:
- Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
- New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County townsites.
- Affordable housing for all income levels is dispersed throughout the City and County.
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
- Contiguous development focused on and around existing population centers separated by open space.
- More housing and business choices within each neighborhood.
- Attractive and accessible communities.
- Preserve neighborhood character and quality of life.
- Visually appealing communities.
- An inviting and attractive urban interstate corridor through the County.
- Protection of groundwater, surface water, riparian areas, air quality, and productive agricultural land.
- Predictable and timely development review procedures.
- Neighborhoods and communities prepared to react to natural disasters and other emergencies.
- Accessible, affordable and nutritious food for everyone.
- Healthy, safe neighborhoods and communities with a sense of pride.
- Active, safe neighborhoods with a high quality of life.
- Adequate affordable housing and living wage options for all citizens.
- Lockwood is a community that will evolve into a Main Street-style Town Center surrounded by a range of housing options that support and sustain, both fiscally and socially, the community's investments in schools, public water and sewer, transportation, recreation, and public safety while providing economic opportunities in general commercial and light and heavy industry businesses in areas shown on the preferred land use map.
- The existing zoning of R-15,000 (RR1 & RR3) may be changed to higher densities of 7–10 dwelling units per acre.
- The existing zoning of R-9,600 (N4 and N3) may be changed to higher densities of 4–6 dwelling units per acre.
- A mixed-use zoning district may be applied to properties within the area designated as the Town Center.
- Consider constructing private and public improvements to higher design standards in the more densely developed areas.
- Take into account pedestrian safety when designing private and public infrastructure. Industrial development may be located along existing and proposed transportation corridors north of the interstate.
- A Targeted Economic Development District (TEDD) may be used to foster secondary, value-adding economic development. Properties within the general area of the TEDD may be initially zoned as agriculture with the intent of rezoning to an industrial zoning district when and if the TEDD is implemented.
- Commercial retail and services may be considered appropriate in areas designated for industrial land uses along principal and minor arterials in addition to areas designated for commercial land uses.
- Consider connectivity and convenient access for all users when designing a future road network.
2. Is the new zoning designed to secure from fire and other dangers?
The updated zoning requires minimum setbacks, open and landscaped areas and building separations in the county's zone districts. The updated zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The updated zoning will allow rural development patterns to persist and be a normal pattern throughout most of the County's zoning jurisdictions. The rural development pattern has additional setbacks and building restrictions that can prevent the spread of fire from structure to structure.
3. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning code amendments will put back into the code the arterial setback requirements that protect the County's ability to improve and expand these major transportation routes in the future. These requirements were inadvertently left out of the code update in 2020.
Water and Sewer: The county does not provide water or sewer services throughout the County zoned area. Lockwood does have a water and sewer district and this area is allowed to have denser residential development and mixed-use commercial districts. Clarification of urban districts is important for future re-zoning in the Lockwood area.
Schools and Parks: Schools and parks should not be affected by the proposed zoning amendments. Planning staff did reach out to these organizations, and have not received any comments.
Fire and Police: Fire and other public safety services should not be affected by the proposed zoning amendments. Planning staff did reach out to these organizations and have not heard any comments.
4. Whether the new zoning will promote public health, public safety and general welfare?
Public health, public safety and general welfare will be promoted by the proposed zoning code amendments. Public health will be improved by clarifying the allowed uses in the urban zone districts. Rural residential development can continue, and the amendments will allow some rural lots to add one additional dwelling without a subdivision. General welfare will be promoted by making the code more understandable, easier to implement and with rural-specific provisions incorporated throughout.
5. Will the new zoning provide adequate light and air?
The proposed zoning amendments, as do the current zoning requirements, provide for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
The updated zoning has off-street parking requirements that better reflect the parking demand for residential land uses. The amendment to require minimum arterial street setbacks will improve the safety and integrity of arterial streets in the county.
7. Will the new zoning promote compatible urban growth?
The zoning amendments do promote compatibility with urban growth. The City and County will have separate zoning codes, but the code updates will equalize the provisions for the urban zone districts in the city and county.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
In general, this criterion is not applicable to text amendments. The text amendments do clarify where certain uses may be located and update some of those use standards.
9. Will the new zoning conserve the value of buildings?
In general, the zoning code amendments should conserve the value of buildings throughout the County. The amendment to Section 27–1500 Nonconformities will help preserve individual investments in residential homes regardless of the zone district where those dwellings are located.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The zoning amendments to the use table and standards will encourage the most appropriate use of land in Yellowstone County.
11. Will the new zoning be as compatible as possible with the adjacent zoning in the City?
The county zoning jurisdictional area was originally extended approximately 4.5 miles from the city limits in 1973. Since that time, the city limits have expanded, but the jurisdictional boundary for county zoning has not expanded. There are areas where active agricultural uses are directly adjacent to newer city neighborhoods and commercial developments. It is not always possible to create compatibility in these areas, particularly since annexation is most often accomplished by petition of the property owner. The code amendments that make the urban districts similar to the uses and use standards in the city may help alleviate some discordance between the city and county zone districts. Keeping the sign code similar to the city's sign code will normalize the competition between city and county commercial developments. The amendments improve the compatibility between the city and county zoning.
RECOMMENDATION
The Planning staff recommends the Commission hold a public hearing and review the final drafts and make a recommendation on each one of the proposed amendments. The Planning staff recommends approval of these amendments based on the draft findings for 11 review criteria for zone changes.
Attachments
- Sec. 27-300
- Sec. 27-400
- Sec 27-500
- Sec 27-600
- Sec 27-800
- Sec 27-1000
- Sec 27-1100
- Sec 27-1200
- Sec 27-1300
- Sec 27-1400
- Sec 27-1500
- Sec 27-1700