Hamilton City Zoning Code

The City of Hamilton shall be divided into the following zoning districts and overlay options:

A.

Traditional neighborhood district (R-1);

B.

Medium density residential district (R-2);

C.

High density residential district (R-3);

D.

Mobile home park residential district (MHP);

E.

Professional services business district (PS);

F.

Neighborhood business district (B);

G.

Local business district (B-1);

H.

Highway business district (B-2);

I.

Central business district (CBD);

J.

Commercial and manufacturing district (CM);

K.

Manufacturing and industrial district (M/I);

L.

Public institutional district (PI);

M.

Planned unit development (PUD) overlay.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The traditional neighborhood development district (R-1) is intended to be a walkable residential neighborhood, with blocks, alleys, and within walking distance of retail & services. The R-1 district accommodates a variety of low-intensity housing options including detached single-household dwellings, multi-household dwellings up to four units, and accessory dwelling units. The R-1 district is intended for areas of infill on Hamilton's west side as well as developing areas intended to replicate patterns of traditional neighborhood development.

B.

The medium density residential district (R-2) is intended to be a walkable residential neighborhood accommodating a variety of low to moderate-intensity housing options including detached single-household dwellings, duplexes up to six-plexes, and accessory dwelling units. The R-2 is intended for areas that have developed more recently as well as newly developing areas.

C.

The high density residential district (R-3) is intended to provide for higher density housing through a variety of building types including apartments, cottage courts, townhouses, and condominiums.

D.

The mobile home park residential district (MHP) establishes zoning for semi-permanent placement of mobile housing in subdivisions created for rent or lease

E.

The professional services business district (PS) establishes zoning regulations for office or professional uses that generate low vehicle traffic volume, which includes medical and health related services adjacent to major medical facilities such as the hospital.

F.

The neighborhood business district (B) is intended to be a walkable mixed use district with a residential emphasis. A wide variety of housing types at varying densities are permitted along with a limited number of residential supportive commercial uses.

G.

The local business district (B-1) is intended to be a vibrant mixed-use district. It accommodates a variety of commercial use and high-density residential housing types. The B-1 district is appropriate for higher traffic transportation corridors and commercial nodes.

H.

The highway business district (B-2) establishes zoning for businesses located along highways and arterials

I.

The central business district (CBD)is a part of the original Hamilton town site and was developed for commercial purposes in the 1890's, much before the advent of our current car-based society. It is also referred to as "Downtown Hamilton." Most of the businesses are located on small twenty-five (25) by one hundred thirty (130)-foot lots with a variety of retail, commercial, professional, government services and residential dwelling units above the street level. The intent of this district is to:

1.

Promote and maintain a viable pedestrian friendly business community;

2.

Encourage remodeling efforts to preserve the historical character of each building and new construction that blends with the old;

3.

Retain on-street parking spaces;

4.

Develop commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians;

5.

Provide flexibility in the site and design of new development and redevelopment to anticipate changes in the market place;

6.

Encourage preservation of the historic character of the central business district;

7.

Promote streets as public places that encourage pedestrian and bicycle travel. Provide roadway and pedestrian connections to residential areas;

8.

Provide transition between high traffic streets and neighborhoods, as stated in the city's transportation plan;

9.

Encourage efficient land use by facilitating high-density development and minimizing the amount of land that is needed for surface parking;

10.

Facilitate land use mix, density and design that supports public transit;

11.

Provide appropriate locations and design standards for commercial and institutional automobile and truck-dependent uses;

12.

Maintain mobility along traffic corridors and state highways.

J.

The commercial and manufacturing district (CM) is intended for commercial and manufacturing uses which generate low volumes of vehicular traffic and create negligible noise, glare, dust, or odor.

K.

The manufacturing and industrial district (MI) is intended for higher intensity manufacturing and industrial uses.

L.

The public institutional district (PI) establishes zoning to accommodate those public and institutional uses which are related to the health, safety, educational, cultural and welfare needs of the city.

M.

The planned unit development overlay district (PUD) is outlined in Chapter 17.08, Article 4.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Uses in each zoning district are depicted in Tables 17.08.040—17.08.070. Permitted uses are indicated with a "P," conditional uses are indicated with a "C," and uses which are not permitted within the district are indicated by a "-."

B.

If a use is not listed in Tables 17.08.040—17.08.070 the zoning administrator shall determine the classification of a particular use and whether it is similar to a permitted or conditional use listed in the applicable district.

C.

Additional requirements.

1.

A * indicates that particular use is defined in Section 17.34.020.

2.

A code section referenced indicates that use is subject to additional standards in that code section.

D.

Per Montana Code Annotated 76-2-402, a government agency, as defined in Montana Code Annotated 76-2401, may propose to use public land contrary to the regulations in this title. Within thirty (30) days of city council receiving notice of an agency's intent to develop land contrary to this title, the Hamilton City Council shall hold a public hearing to review and decide on the proposal.

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

Site and structure regulations in each zoning district are shown in Tables 17.08.090—17.08.200. For additional requirements, refer to Chapter 17.20 (general development regulations) and Chapter 17.16 (use specific regulations).

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

(Ord. No. 452, Exh. A, 1-20-26)

The intent of the planned unit development (PUD) overlay district is to:

A.

Ensure future development is in accordance with the City of Hamilton's growth policy or comprehensive plan and the goals, objectives, and policies therein;

B.

Provide flexibility in regulations and standards in exchange for community benefits and innovative, quality design;

C.

Promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community;

D.

Promote the efficient use of land and provision of city infrastructure and services;

E.

Minimize adverse environmental impacts and encourage the preservation and enhancement of natural amenities, cultural resources and open space;

F.

Promote the use of walking and biking as viable transportation options;

G.

Encourage development of a variety of housing types to accommodate households of all ages, sizes, and incomes;

H.

Improve the design, quality and character of new development; and

I.

Encourage development of vacant properties in developed areas.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The PUD overlay district is a zoning designation that overlays an underlying zoning district.

B.

A PUD requires approval of a zone map amendment according to Section 17.12.050 to obtain a PUD designation. A PUD designation is available in the R-3 and B zoning districts. Approved PUDs shall be identified on the zoning map by appending the map symbol to the underlying zoning district (e.g., "R-3/PUD").

C.

PUD zone map amendments must be processed concurrently with a PUD application and preliminary development plan. The zoning administrator shall determine whether a PUD application should be processed concurrently or separately with subdivision and annexation proceedings.

(Ord. No. 452, Exh. A, 1-20-26)

Approval of PUD preliminary and final development plans must occur before any building permit is issued. Permits may be issued for a development phase if a preliminary development plan has been approved for the entire PUD and a final development plan has been approved for the subject phase.

(Ord. No. 452, Exh. A, 1-20-26)

A.

No application for a PUD will be approved unless all property included in the application is under unified ownership, a single entity's control, or the application is filed jointly by the owners of all the property to be included.

B.

The approved final development plan must specify a manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities must be retained in title by the developers or deeded to an organization composed of all owners in the development.

C.

PUDs must contain at least two acres.

(Ord. No. 452, Exh. A, 1-20-26)

PUDs are encouraged to contain a mixture of the following components:

A.

Building and site design guidelines.

1.

A connected internal street network that also connects with the existing transportation network in the city;

2.

Pedestrian and bicycle facilities throughout and connecting to adjacent nonmotorized transportation facilities;

3.

Lots and blocks with alleys;

4.

A coordinated landscape plan;

5.

Storm water management that utilizes natural features, including the use of low impact design such as bioswales;

6.

Blocks no larger than three hundred fifty (350) feet in length;

7.

Limited curb cuts;

8.

The use of slow flow or yield streets;

9.

Prevalent on-street parking;

10.

Building entrances oriented towards the street;

11.

Landscaping screening off-street parking;

12.

Lighting that minimizes light pollution and trespass; and

13.

Street trees.

B.

Land use guidelines.

1.

A mixture of single and multi-household housing;

2.

Affordable housing units;

3.

A mix of residential and neighborhood commercial land uses;

4.

Off-street parking located on the rear portion of the lot or behind the principal building; and

5.

Public spaces such as playgrounds, plazas, parks, or trails designed for active and passive users.

(Ord. No. 452, Exh. A, 1-20-26)

A.

In order to encourage flexibility and creativity, quality designs, and community benefits, deviations from the following regulations may be granted by the city council during PUD designation:

1.

Uses allowed;

2.

Minimum lot area;

3.

Minimum lot width;

4.

Minimum yards setbacks;

5.

Maximum height;

6.

Maximum lot coverage;

7.

Off-street parking and loading requirements; and

8.

Streets

a.

Alternatives to the City of Hamilton public works standards street cross-sections and designs may be approved when the city public works director and fire chief determine that such alternative designs would better meet the purpose of the PUD overlay, while still providing a safe and efficient transportation system.

B.

All requested deviations and other relaxations of regulatory requirements must be identified in writing at the time of preliminary development plan submittal. Failure to identify such items may result in the delay of application processing. Regulations and standards proposed to be modified do not require review or approval of variances, but may be approved through the PUD designation and review process. In granting deviations, the city council shall have the right to establish and provide conditions and limitations.

(Ord. No. 452, Exh. A, 1-20-26)

A.

A preapplication meeting between the applicant (or applicant's agent) and the city zoning administrator is required before submitting a PUD application and preliminary development plan. At the time of request for a preapplication meeting, the applicant shall provide a sketch showing the layout and features of the proposed PUD. The zoning administrator shall review the preapplication request and submitted information and meet with the applicant within thirty (30) calendar days of submittal. The zoning administrator may request other city departments participate in the preapplication meeting as deemed necessary. At the preapplication meeting the zoning administrator will provide the applicant with written comments regarding the submittal, review process, and recommendations to inform and assist the applicant prior to preparing the PUD applicant and preliminary development plan. For a PUD project reviewed as a subdivision, the subdivision preapplication review may serve to meet this requirement.

B.

At the option of the applicant, the preliminary development plan may also serve as the preliminary subdivision plat if such intention is declared before the planning and zoning board public hearing and if the application(s) include all information required for preliminary plats and preliminary development plans.

C.

In addition to the requirements for zone map amendments and subdivisions (if applicable), each PUD application must include the following items:

1.

A preliminary site plan showing the location and area of lots and blocks, buildings, motorized and nonmotorized transportation facilities, public spaces, parking, landscaping, utilities, and other pertinent features;

2.

A list of the specific requirements and standards that are requested to be modified;

3.

A list of land uses that are proposed;

4.

The total number of residential dwelling units by type of dwelling unit and total net and gross residential density;

5.

Total number of commercial buildings by type of building and total net and gross building density;

6.

Information about buildings including type, size, and locations;

7.

Landscape plan including plans for irrigation;

8.

Description of public spaces, parks, and recreation amenities;

9.

A written description of the community benefits of the proposed development, how the proposed PUD provides greater benefits to the city than would development in line with existing regulations and standards, and how the proposed development incorporates the guidelines from Section 17.08.250;

10.

A written narrative regarding how the proposed PUD conforms to the city's growth policy or comprehensive plan;

11.

A description and draft documents indicating how common areas and facilities will be managed.

D.

The zoning administrator shall review the PUD application and preliminary development plan in light of the provisions of this chapter and the review criteria in Section 17.08.280. The zoning administrator shall prepare a report and recommendation for the planning & zoning board based on the zoning administrator's review. The zoning administrator may incorporate other city staff comments into the report, or request city staff provide supplemental reports as needed.

E.

The planning and zoning board shall hold a joint public hearing on the PUD application and preliminary development plan. Following the close of the hearing the planning and zoning board must act by simple majority vote to recommend to city council that the PUD and preliminary development plan be approved, approved with conditions, or denied.

F.

After action by the planning & zoning board, the city council must convene its own public hearing on the PUD application and preliminary development plan. Following the close of the public hearing, the city council may act to approve, approve with conditions, or deny the PUD application and preliminary development plan. The city council may also return the application to the planning & zoning board for further consideration, together with a written explanation of the reasons for doing so.

G.

All public hearings of the planning & zoning board and city council on PUD applications and preliminary development plans shall be noticed according to Section 17.12.030. Such notices may be consolidated with other notices related to the project as long as the various aspects of the project (e.g., PUD review, zone map amendment, annexation, subdivision, etc.) are properly noticed in compliance with city and state requirements.

(Ord. No. 452, Exh. A, 1-20-26)

A.

In reviewing and making decisions on a PUD application and preliminary development plan, the following criteria must be considered:

1.

The zone map amendment criteria in Montana Code Annotated 76-2-304

2.

The PUD application and preliminary development plan's consistency with Section 17.08.210 (intent);

3.

The PUD application and preliminary development plan's consistency with Section 17.08.250 (guidelines). Proposed PUDs shall meet at least five of the building and site design guidelines and two of the land use guidelines;

4.

The extent to which the PUD application and preliminary development plan would result in a greater benefit to the city than would development under conventional zoning regulations;

5.

Subdivision review criteria as established by Hamilton Municipal Code (if applicable) and Montana law; and

6.

Annexation review criteria as established by city policy (if applicable) and Montana law.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Final development plan applications must be filed with city planning department after approval of and before the lapse of a preliminary development plan.

B.

A final development plan will not be considered complete and ready for processing if all approved conditions of approval have not been met or if the final development plan constitutes a major change from the approved preliminary development plan, per Section 17.08.330 (changes to approved plans) of this chapter.

C.

If a final development plan is submitted that constitutes a major change to an approved PUD application and preliminary development plan, no further processing of the final development plan may occur. The zoning administrator shall notify the applicant that major changes may be made only in accordance with Section 17.08.330 (changes to approved plans) of this chapter.

D.

If the final development plan complies with the approved preliminary development plan, all conditions of the preliminary development plan approval, and all applicable standards of this zoning ordinance, the city council must approve the final development plan.

E.

If the submitted final development plan does not comply with the approved preliminary development plan, any conditions imposed on that plan, or any applicable standards of this zoning ordinance, the city council must deny the final development plan and advise the applicant in writing of the specific reason for denial. In the event that the city council does not approve the final development plan, the applicant may resubmit the final development plan to correct any identified inconsistencies and deficiencies.

(Ord. No. 452, Exh. A, 1-20-26)

A.

An approved final development plan shall be filed with the county clerk and recorder's office immediately by the applicant.

B.

The filing of a final development plan with the county clerk and recorder's office does not constitute the effective dedication of easements, rights-of-way, or access control, nor will the filed plan be the equivalent of or an acceptable alternative for the final platting of land or dedication of easements.

C.

A PUD project must be developed in accordance with the approved final development plan. If the applicant chooses to abandon a final development plan or portion thereof after it has been given final approval, they must notify the zoning administrator.

(Ord. No. 452, Exh. A, 1-20-26)

A.

If the applicant fails to file an application for final development plan approval within three years of the date of preliminary development plan approval, the approval will be deemed to have lapsed and the preliminary development plan will be of no further effect, unless an extension is approved by city council in accordance with subsection 17.08.310.D.

B.

For projects to be developed in phases, phase limits must be shown on the preliminary development plan. The city council may impose conditions upon the phasing plan as deemed necessary to ensure orderly development and compliance with current public health and safety standards, including requirements for financial guarantees ensuring construction of all required improvements.

C.

In the event the applicant fails to commence development shown on the final development plan within three years after final approval, then such final approval will lapse and be of no further effect unless an extension is approved city council in accordance with subsection 17.08.310.D.

D.

Requests for extensions must be submitted to the zoning administrator before the preliminary or final development plan approval expires. Extension requests must go before city council for review and decision. Any mutually agreed upon extension request must be in writing and dated and signed by the city council president and the applicant or the applicant's agent.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The city council may approve phased PUDs that extend beyond the maximum three-year preliminary approval period set forth in Section 17.08.310, in accordance with a phasing schedule proposed by the applicant.

B.

Phased PUDs and corresponding phasing plans shall follow the application and review procedures outlined in Section 17.08.270 (preliminary development plan review) and Section 17.08.280 (review criteria).

C.

Phasing plans:

1.

Applicants applying for a phased PUD must submit a phasing plan that includes phased development boundaries, schedules, conceptual development plan map, and other details pertaining to the phasing of the project.

2.

Phasing plans must be submitted along with materials required in Section 17.08.270 (preliminary development plan review) for the phase(s) to be developed within the initial three-year time frame established in Section 17.08.310.

3.

Conceptual development plan maps shall include the following elements:

a.

Motorized and nonmotorized transportation infrastructure;

b.

Locations of public spaces and open space corridors;

c.

Proposed land uses and housing types for each phase; and

d.

Estimated residential densities for each phase.

4.

All phases of a PUD must conform to the phasing plan.

D.

Within twenty (20) years of the date the phased plan is approved by city council, all individual phases must be submitted for review and approved, conditionally approved, or denied in accordance with the preliminary development plan review and approval procedures outlined in this chapter. Any phase not approved, conditionally approved, or denied within this twenty-year timeframe shall be null and void.

E.

For any phase of an approved PUD submitted for final plan or plat approval more than five years after the date of preliminary approval, the applicant shall provide written notice to the zoning administrator not more than one year or less than ninety (90) calendar days in advance of submitting the final plan or plat application. The city council shall hold a public hearing within thirty (30) working days after receipt of the written notice to determine whether changed circumstances justify amending any conditions of approval or imposing additional conditions of approval. The city council may amend or impose additional conditions of approval only if it determines, based on a review of criteria, that the existing conditions of approval are inadequate to mitigate the potentially significant adverse impacts identified during the original review based on changed circumstances. The city council shall issue supplemental written findings of fact within twenty (20) working days of the hearing. Any additional conditions must be met before final plan or plat approval for each remaining phase and the approval is in force for not more than three calendar years within the maximum timeframe provided in subsection (D).

F.

The applicant may change the phasing schedule only with approval of city council following a public hearing. The city council may approve a proposed change to the phasing schedule only if the change does not negate a condition of approval or otherwise adversely affect public health, safety, or welfare.

G.

Completion assurance.

1.

The applicant shall provide agreements, contracts, covenants, deed restrictions, and sureties acceptable to the zoning administrator and Hamilton city attorney for the completion of the development according to the approved conceptual development plan and any other documents of record, and for the maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained by the city, and shall place covenants on the property to bind any successors in title to any commitments made under this section.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Changes to an approved development or phasing plan shall be processed using the procedures outlined in this section for minor and major changes.

B.

Minor changes.

1.

Minor changes may be approved administratively by the zoning administrator in writing without additional public notice.

2.

Minor changes are defined as follows:

a.

Changes that do not alter the character of development;

b.

A less than five percent change in the number of residential dwelling units;

c.

A less than five percent increase in gross nonresidential floor space;

d.

A less than five percent reduction in the amount of land set aside for public space;

e.

Changes that do not create substantial adverse impact on surrounding property owners or adversely affect public health, safety, or welfare.

C.

Major changes.

1.

Major changes may be made only after review and rehearing of a new PUD application and preliminary development plan in accordance with review procedures outlined in Section 17.08.270 (preliminary development plan review), including payment of fees, all notices, and hearings.

2.

Major changes are defined as follows:

a.

Changes that alter the character of development;

b.

A five percent or greater change in the number of residential dwelling units;

c.

A five percent or greater increase in gross nonresidential floor space;

d.

A five percent or greater reduction in land set aside for public space;

e.

A reduction in the number of affordable dwelling units;

f.

A change in the location or placement of buildings;

g.

An increase in the number of lots;

h.

Changes that create substantial adverse impact on surrounding property owners or adversely affect public health, safety, or welfare.

(Ord. No. 452, Exh. A, 1-20-26)