WHAT IS ZONING?

Zoning is local law that regulates how land can be used and developed. Hamilton's Zoning Map divides the City into different zoning districts (e.g. single-family residential, local business, etc). Hamilton's Zoning Code provides standards that apply to development in those districts, or to particular land uses. The text of a zoning code controls how structures are built on properties in each district - by regulating aspects such as height, off-street parking, property line setbacks, and building design. Together, a zoning map and regulations are intended to provide the community a level of predictability, while also being flexible enough to change as community needs evolve.

Because zoning restricts uses and controls development patterns across the whole city, it has substantial impact on our community. Hamilton's Zoning Map can be accessed using the Community Planning Web Map. Hamilton's Zoning Code is found in Title 17 of the Hamilton Municipal Code.

ZONING IN MONTANA

Zoning has been used in community planning in the U.S. for more than a century. The Montana State legislature enabled municipal zoning nearly 100 years ago, and Hamilton first adopted a zoning map in 1957. In order to adopt or amend zoning regulations and zoning maps, the governing body of a City or Town must find zoning meets or considers specific criteria outlined in Section 76-2-304 of Montana Code Annotated:

(1) Zoning regulations must be:

(a) made in accordance with a growth policy; and

(b) be designed to:

(i) secure safety from fire and other dangers;

(ii) promote public health, public safety, and the general welfare; and

(iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2) In the adoption of zoning regulations, the municipal governing body shall consider:

(a) reasonable provision of adequate light and air;

(b) the effect on motorized and nonmotorized transportation systems;

(d) the character of the district and its peculiar suitability for particular uses; and

(e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

All zoning text and zoning map amendments in the code update process will conform with applicable Montana statute.