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Technical Memorandum: Feasibility Support For a Special Zoning District

Revised: November 23, 2008

Introduction

96101233696040eagle.jpgThe Georgetown Lake Homeowners Association has teamed with Applied Communications LLC to conduct an analysis of the feasibility of a special zoning district in the Georgetown Lake area of Granite County, Montana. Like many Montana counties, Granite County does not have zoning. However, some areas of the county such as Georgetown Lake are experiencing growth at a much higher rate than the county as a whole. Most of this growth is in the form of rural subdivisions, and construction on preciously vacant lots in older subdivisions. Without zoning, or a land development regulatory system of some kind, local subdivision regulations and the Montana Subdivision and Platting Act do not provide any mechanism for gauging the appropriate density for residential development. As for non-residential development, most commercial and industrial uses are free to locate anywhere in the county they choose, regardless of the short term and long term impacts.

Types of Special Zoning Districts

Montana state law provides that county zoning may be adopted in one of three forms:

Part 1 zoning is authorized by Part 1, Chapter 2, or Title 76, Land Resources and Use. It provides that upon a petition of at least 60% of the property owners within the proposed district, the Board of County Commissioners may (not must) create a planning and zoning district and appoint a planning board. With Part 1 zoning, administration costs must be paid from a special levy on all taxable property within the district, and those costs cannot be passed on to the county tax base at large. Part 1 zoning also requires a separate planning and zoning board comprised of the county commissioners, county surveyor, another "county official", and two citizen members. This proves cumbersome for some counties, especially rural counties with limited resources.

Part 2 zoning can be initiated by any county that has adopted a growth policy (as Granite County has) and can apply to all or parts of the county. There is no provision in Part 2 for special tax levies to pay for personnel and administrative costs, and that is a concern for many rural Montana counties.

Interim zoning is authorized in Sec. 76-2-206, MCA. Its purpose is to provide a means for counties to regulate land use temporarily to deal with an emergency (although the law does not define an emergency or describe what might constitute one) while an issue is being studied, or while the county is formulating a growth policy or revisions to a growth policy.

Feasibility Process
In order to gauge the feasibility and support for a special zoning district, the Georgetown Lake Homeowners Association and the consultants organized a community scoping meeting and designed a survey. The scoping meeting was held at the Georgetown Lake Volunteer Fire Station on August 26, 2008. The meeting was advertised with fliers and a mailout to all Homeowners Association members. In addition, a press release was prepared and articles appeared in the Phillipsburg Mail, Anaconda Leader, and (Butte) Montana Standard. A copy of the press release is attached as an appendix to this memorandum. The scoping meeting was conducted as a special meeting of the Granite County Planning Board, and quorum of the Board and the County Planning Administrator were present. Among the issues raised by those attending this meeting were:

When asked, most people attending the meeting responded that they would support a special zoning district of some kind.

The mailed notice of the scoping meeting included a printed survey designed by the consultant and reviewed by key members of the Homeowners Association. A copy of that survey is attached as an appendix to this memorandum. This survey was also available to be completed on line at Applied Communication"s web site, www.appcom.net. A total of 72 persons completed all or part of the survey, either on line or a hard copy was mailed directly to the Homeowners Associations" post office box. Survey results are also included as an appendix to this memorandum. In the first three questions, respondents were asked to rate community factors, would they support county zoning, and what should be addressed in a zoning ordinance, on a scale of 1 to 6, with 1 being the least important and 6 being most important. Some survey highlights include:

Question #4 was basically a restatement of question #2 asked in a more direct manner. Question #4 read, "Based on what you now know about county zoning and what it can do for the Georgetown Lake area, would you be willing to sign a petition requesting the Granite County Commissioners to establish a special zoning district?" Over 56% responded "yes", and only 8.5% responded "no". Another 35.2% responded "maybe", but they would need more information about the district and what it would regulate.

Issues to be Regulated Through a County Zoning District

Talking about issues to be regulated is one thing, but deciding how to regulate them within the framework of an actual zoning code is quite another matter. The purpose if this section is to examine each major development or environmental issue that was raised at the scoping meeting or in the survey, and to describe how each could be addressed through a special zoning district in the Georgetown Lake area. This is important in order to convey what a special district ordinance would actually look like and how it could be structured. It is critically important that any zoning code for Georgetown Lake effectively address the issues that were raised by the property owners themselves, while protecting the rights and privileges of all property owners in the district.

 

Density/Septic System Density- Just over 76% of survey respondents said that regulation of residential densities was "most important". Within the proposed zoning district, there are many different levels of existing densities that must be accounted for. Older, more densely developed areas such as Denton"s Point, can be addressed through a "neighborhood conservation district". This simply means that standards are set based on what has developed historically. Where individual sewage disposal systems are a concern, a "cap" could be written into the regulations such that no lot may be created that is less than one acre in size (unless a community sewer system is available), but all lots by definition will "conform" to the regulations. This means that mobile homes or other structures on small lots can be repaired or replaced provided that setbacks and lot coverage standards that are typical for the area can be met.

92431233695890neighborhood.jpgStandards for a neighborhood conservation district could be based on the exiting pattern of development. This would allow replacement or renovation of older structures, and would not make smaller lots "nonconforming".

For subdivisions with larger lots, regulations could be more conventional. Density standards could also be based on the prevailing lot size, and height, setbacks, and lot coverage standards could be geared to preserve the existing character and qualities of the neighborhood. Subdivision of existing lots may be allowed provided that the minimum lot size is met.

For unsubdivided land, density standards should be set fairly low in order to preserve a more rural character. However, there should be a planned unit development or "cluster" option so that more open space, wildlife habitat, and environmentally sensitive areas may be preserved. Public comment at the scoping meeting favored a cluster option of some kind to allow development while preserving important open areas. Over 60% of those responding to the survey felt that zoning should protect rural character and feel, wildlife habitat, and scenic vistas.

For the larger lot subdivisions and unsubdivided lands, a density tier system could also be used. This system is used in Lake County, Montana and as its name implies, it regulates only residential density. It would not necessarily regulate setback, height, or lot coverage. However, it too could be combined with a permit system for non-residential uses.

Commercial Development- The most practical approach to commercial development in the Georgetown Lake area is to allow it through special permit only. This is a sound approach to commercial uses in rural areas, and is used in several other Montana counties. The more typically urban approach of writing a commercial zoning district with a list of permitted uses, then deciding where that district should be placed, is not recommended. A special permit would allow resort commercial and lodging uses, as well as necessary local commercial uses, on a case by cases basis with the land use decision being based upon consistent criteria set forth in the code. The special use permit could also be used to allow expansions of existing lodging and commercial services.

Silviculture, timber management, and harvesting on public property and outside of subdivisions need not be regulated, except to protect water quality. Gravel extraction can also be allowed through a special use permit, but industrial uses should not be allowed in the Georgetown Lake area.

Lake and Streambank Protection- Without writing a separate critical areas ordinance complex standards and procedures, a simple code section requiring streamside setbacks and limiting development on the steepest slopes could be provided. This would be an overall provision that would apply to all zoning classifications in the district. Clean water was ranked "most important" by 81.9% of survey respondents.

Whether a part of the Georgetown Lake zoning district or a separate effort, Granite County should adopt lakeshore protection standards as authorized in Title 75, Chapter 7, Part 2, MCA. Lakeshore protections standards alone will not protect the water quality of Georgetown Lake, but lakeshore standards combined with streamside setbacks, slope restrictions, and requirements for best management practices for construction near water bodies can make a significant difference.

70241233695787setbackimage.jpg

In this aerial of Georgetown Lake, homes in lower part of photo are built with minimal setbacks and have lawns down to the water’s edge. Homes in upper part of this photo tend to have greater setbacks and lakeside buffers of native vegetation.

Noxious Weeds- Weed management plans can be required in all developments and with all excavation permits. This will not address the problem of weeds on individual properties, and some type of separate weed ordinance should be considered if one is not already in place.

Property Maintenance- The issue of poorly maintained properties (junk, weeds, debris, etc.) was raised at the scoping meeting. Once again, a brief section in the regulations would give the county the authority to address problem properties as the need may arise. Generally, separate "community decay" ordinances are not adequate to deal effectively with this issue.

Comprehensive Fire Protection Standards- This issue was raised at the scoping meeting. For the most part, standards related to fire prevention and suppression are found in a number of different codes. For example, setbacks and access standards will be in a zoning code. It would be entirely appropriate for a zoning district serving the Georgetown Lake area to also have requirements and standards for defensible space. Requirements for roofing materials, ventilation, sprinkler systems, and fire walls are found in building codes, which Granite County does not administer. Fire flow and water storage requirements are found in subdivision regulations and public works standards. In the process of formulating a regulations for the special district (should it move forward), subdivision regulations and other ordinances should also be examined to determine where revisions may be necessary for better fire protection.

Ground Water Quality/Illegal/Inoperative Septic Systems- This is difficult to address in land development regulations simply because these issues are mostly outside the purview of local government. Any requirements the County may wish to impose in this regard should be coordinated with DEQ and the local sanitarian. The impact of obsolete septic systems could also be dealt with in the growth policy update.

Recommendation

Results of the survey and the scoping meeting represent substantial community support for a special zoning district for Georgetown Lake. At the same time, Granite County will soon be updating its Growth Policy, and has secured a Community Development planning grant from the Montana Department of Commerce to help fund that effort. Therefore, this memorandum respectfully recommends that the Granite County Board of Commissioners establish a special zoning district and consider an interim zoning ordinance and map that would address primarily the issues discussed herein. While the Growth Policy is being updated, the Georgetown Lake area could be "living" with the interim regulations and deciding what works, what does not work well, and what if any additional provisions should be included. Once the Growth Policy is completed and adopted, the interim regulations could be revised to reflect and implement the Growth Policy, and made permanent if that is the Georgetown Lake community"s preference.

 

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