[MissoulaGov] MissoulaGov Digest, Vol 20, Issue 4

Bob Jaffe bjaffe at ci.missoula.mt.us
Thu Oct 11 22:21:58 MDT 2007


Kristin,
Thank you for pointing that out.
Here is the main section and the link to the full Article:
ftp://www.co.missoula.mt.us/opg2/Documents/CurrentRegulations/CityZoningTitl
e19/CH19.68_19.70Enforcement.pdf

D. Requirements for Issuing a Zoning Compliance Permit for Development of
Unzoned Land.
If any land located within the city has not yet been zoned by the city, a
Zoning Compliance Permit for a primary structure or activity, or an
accessory structure or activity, may be issued by the Zoning Officer if the
proposal is eligible according to the following requirements. To determine
eligibility of an application for a Zoning Compliance Permit the Zoning
Officer shall ask the following:
1. Is the proposed development consistent with the county zoning
classification in effect at the time of annexation?
2. Is the proposed development in compliance with the land use activities
designated by the comprehensive plan for that parcel, or is the proposed
development different from activities designated by the comprehensive plan,
but consistent with the goals, objectives and/or policies of the
comprehensive plan?
3. Is the proposed development within an approved subdivision, and does the
proposed
development meet the purpose and conditions of the subdivision?
4. Is the proposed development substantially the same as or compatible with
the actual uses, or potential land uses based on zoning or comprehensive
plan designations, of 50% or more of the area of properties within 300 feet
of the property proposed for development?
If the answer is in the affirmative to any two of these questions, and the
application is determined in all other portions to be complete, the Zoning
Officer may issue a Zoning Compliance Permit or may defer the matter to the
City Council. If the Zoning Officer cannot respond affirmatively to two of
these questions, s/he shall not issue a Zoning Compliance Permit. The appeal
procedure outlined in Subsection I shall apply.

-----Original Message-----
From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Kristin Smith
Sent: Thursday, October 11, 2007 1:53 PM
To: missoulagov at cmslists.com
Subject: Re: [MissoulaGov] MissoulaGov Digest, Vol 20, Issue 4

Greetings,

There appears to be an innacurate perception pertaining to the status of
unzoned lands in the City of Missoula. Article 8 of the Missoula City
Zoning Ordinance regulates unzoned lands in the City. So, even though
there may not be a specific zoning designation on a particular property,
labeling the property as unzoned is a misnomer, as there are actually
several performance standards that must be met including setback and
height provisions, as well as four zoning compliance review criteria
pertaining to use. Therefore, in the case of a subdivision being
approved in the city without a particular zoning designation, it would
actually be very difficult to obtain a zoning compliance permit for any
use that was not expressly contemplated as part of the subdivision.

Best,
Kristin

Kristin Smith
Land Use Planner
WGM Group, Inc.
http://www.wgmgroup.com





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