Text Amendment – Project ReCode – Proposed Draft Sections 27-200: Zoning Map Update; 27-1600: Administrative Procedures
The Zoning Commission is conducting multiple topic-focused hearings on the draft zoning codes. This final fifth session of the County Zoning Commission to review the Zoning Map Update and the Administrative Procedures for the new Zoning Code.

Staff recommends the Zoning Commission review the Map and the Procedures and hold a public hearing. No action on the document is required at this time.

OWNER: NA
AGENT:
LEGAL DESCRIPTION:
ADDRESS:
CURRENT ZONING:
EXISTING LAND USE:
PROPOSED USE:
SIZE OF PARCEL:

NA

The current zoning regulations for the County were adopted on November 6, 1973, and unified with the City zoning regulations in December 1997. Since 1973, the County has amended the text of the regulations and added several zoning districts. The County has amended the 1973 zoning code 40 times in the past 47 years since its adoption. Of those 40 amendments, only a few were major changes, including the addition of the entryway and interchange zone districts in 1992. The County sign code was not part of the unification of the city and county codes in 1997 and was a separate code section until 2017. In 2017, in anticipation of a comprehensive code update, the City and County agreed to formally separate the zoning codes to aid in the process of the comprehensive update known as Project Re:Code.

The Zoning Map for Yellowstone County has been updated over 700 times since 1973 when the 4.5-mile zoning jurisdiction was established and parcels were assigned zoning districts. Most of those changes were initiated by property owners and individuals. Some zoning map amendments were initiated by the County Commissioners when new districts were developed such as the Entryway zone districts and some were initiated at the request of multiple surrounding owners.

The administrative provisions of the County Zoning regulations have remained essentially the same over the past 47 years. These procedures include zone changes, special reviews, zoning variances, sign permit reviews, written interpretations of the zoning code, Zoning Compliance Permits, temporary uses and government use of public land contrary to zoning. The current code has dispersed these procedures throughout the text. In large part this was for the ease of amending the code when new districts, or regulations were added over the years. Few changes have been made to the procedures since these were first adopted. A significant change was made to zone change approvals in 2012 when the code was amended to require a pre-application neighborhood meeting by the property owner. This provision has assisted with engaging the surrounding owners with the property owner outside of a formal public hearing process.

NORTH:	Zoning: NA Land Use:
SOUTH:	Zoning: Land Use:
EAST:	Zoning: Land Use:
WEST:	Zoning: Land Use:

The Zoning Map Update and the Administrative Procedures are the two capstone sections of the new zoning code.

Zoning Map Update
The Zoning Map illustrates the zone district for each parcel in Yellowstone County. The map and information on each parcel within the county is kept in the Zoning History records in the Planning Division. There are over 25,000 parcels of land within the County's zoning jurisdiction. There are currently over 30 zone districts.

The Zoning Map update was a challenging and meticulous process. The Planning staff and consultant team worked with the Steering Committee and Working Group to assemble a final list of proposed updated zone districts. It was decided early on, the best elements of the current overlay districts would be incorporated in to the new use standards, landscaping and sign codes. There are no overlay zone districts on the updated Zoning Map. The County GIS staff were a critical component of this process and the consultant team and staff also followed a set of good zoning map practices including:

• Developing a zone district equivalency guide
• Matching zone districts across streets and changing zone districts along rear property lines whenever possible
• Matching existing uses and development with zone district update - whenever reasonable and practicable
• Allow for transitions between more intense zone districts to less intense zone districts
• Allow for some more intense zone districts on the end of blocks and avoid mid-block changes
• Continuous updates of the draft map from June 2019 to present - errors, omissions and fact checking parcel history

Zoning Districts
The current number of zone districts is being consolidated and updated throughout the county. Under current zoning, the county has three districts not allowed within the city limits - the two agricultural zone districts A-1 and A-S and the Residential 15,000 (R-150) zone district. Most of the remaining zone districts are allowed in both the city and county. In an effort to ensure the county and city develop with sustainable neighborhoods and commercial areas, urban density residential zones will be available only in the city and where county water and sewer districts exist. In other areas of the county, only agricultural and rural residential zone districts will be available for neighborhoods. The commercial and industrial zone districts are being consolidated as well to four main zone districts. 

In January 2019, a zone map equivalency guide was developed to start work on updating the zone map to the new zone districts. This included the consolidation of 13 agricultural and residential zones districts into five primary county zone districts. The ten commercial and industrial zone districts will be consolidated into four districts to better match the county's growth policy outside of Lockwood. The urban density residential zones and mixed use commercial zone districts will be available for application within the Lockwood Water and Sewer district.

Residential Zone Districts
There are 13 current base agriculture and residential zone districts

1. A-1 - Agriculture Open-Space - Agriculture use primary with single family only as accessory use
2. A-S - Agriculture Suburban - Agriculture use primary with single family only as accessory use
3. R-150 - Residential 15,000 - Single family only
4. R-96 - Single family only
5. R-80 - Single family and two family
6. R-70 - Single family and two family
7. R-70-R - Single family only
8. R-60 - Single family and two family - multi-family with special review
9. R-60-R - Single family only
10. R-50 - Single family and two-family
11. RMH - Single family only - manufactured homes allowed
12. RMF-R - Single family, two family and multi-family allowed - higher lot area requirements
13. RMF - Single family, two family and multi-family allowed - no height restrictions, lower lot area requirements

There are five proposed agricultural and residential zone districts

1. A - Agriculture - Agriculture use primary with single family only as accessory use
2. RR-3 - Rural Residential - single family only - 3 acre minimum - replaces some A-S zones and some A zones
3. RR-1 - Rural Residential - single family only - 1 acre minimum - 2.99 acre maximum - replaces some A-S zones, some A zones but mostly R-150
4. N4 - Large Lot Suburban Neighborhood - single family only - 15,001 sf minimum - .99 acre maximum - replaces most R-96 zones and some R-150 zones
5. R-RMH - Rural Residential Manufactured Home - single family only including all types of manufactured homes - 15,001 sf minimum - no maximum

In Lockwood, some of the urban density zone districts are on the map already. Future zone changes may also involve these higher density zone districts and some mixed use zone districts.

Commercial and Industrial Zone Districts
The current zone districts for commercial and industrial uses include ten different zones:

1. RP - Professional offices and some service businesses - no retail and allows single family
2. NC - Commercial and retail with some use and size limitations - allows single family, two family and multi-family developments
3. CC - Intense and large commercial developments - malls, car dealers, casinos & bars with special review - allows single family, two family and multi-family developments
4. HC - More intense than CC including some industrial type uses - truck stops, lumber yards, small manufacturing plants, casinos and bars with special review - allows single family, two family and multi-family developments
5. CI - Industrial zone used for less intense industrial businesses, wholesale and retail businesses, casinos and bars with special review and allows single family by special review
6. HI - Heavy industrial users such as chemical plants, refineries, processing plants, casinos and bars with special review - no residential uses allowed
7. ELC - Entryway zone equivalent to NC uses but residential use by special review
8. EGC - More intense Entryway zone equivalent to CC uses but no stand alone bars and casinos allowed - must include a restaurant, residential uses by special review approval
9. EMU - Mixed use Entryway district similar to EGC but allows single family and multi-family developments, restaurants serving alcohol by special review
10. ELI - An industrial Entryway district designed for large warehousing operations, wholesale operations but no residential uses allowed

The proposed county commercial and industrial districts include four different zones:

1. C3 - General Commercial - generally replaces the Entryway zones, CC zones, some HC and CI zones depending on uses, these are large lot developments along major transportation corridors
2. CX - Heavy Commercial - generally replaces HC & CI zones where uses are less retail oriented and includes contractor yards and suppliers, warehousing and logistics
3. I1 - Light Industrial - generally replaces CI zones, and some HC zones with industrial uses
4. I2 - Heavy Industrial - generally replaces HI zones

All Planned Developments (PD) will carry forward and will show as PD on the zoning map.

Administrative Procedures
The new code will consolidate all processes and procedures into one code section for clarity and for ease of use. The procedures include everything from permit reviews to zone changes, master site plans and special reviews. The draft section includes a change to how special reviews are evaluated and the status of such uses under the zoning code. The current code states a special review use is an "allowed use" in the zone district and the county may only impose mitigation on the use through conditions of approval. This status has led to some special review uses that are not entirely compatible with the surrounding uses. In order to deny an "allowed use", the County Commissioners would have to find no conditions of approval could mitigate the potential impact on the surrounding property. This is an incredibly high standard to achieve. The proposed administrative process and use table treats a special review use not as an allowed use but as a "special exception" to the uses normally allowed in the zone. There are expanded review criteria and a termination or lapsing of the approval if the use is not established or the use is abandoned.

The draft code Section 27-1600 also includes detailed descriptions of processes along with flow charts with review steps shown. This will help applicants understand how each type of process works without reading 10 or 12 pages of text. The amended code section also includes post approval processes, steps on how to appeal a decision and when approvals might lapse if no action is taken by the property.

Staff recommends the Zoning Commission review the draft map and administrative procedures and hold a public hearing. No action on the document is required at this time.