Different States often define Zoning differently. Even within Montana, the approach taken by Counties with Part 2 Zoning is not completely similar. However, the generally agreed upon purpose of Zoning is to address issues such as public health, safety and general welfare.

On another level, Zoning is a tool to implement the strategy set forth in the Lewis and Clark County Growth Policy (https://www.lccountymt.gov/cdp/county-growth-policy.html) that specifically calls out the need to focus on five key issues: water, wastewater, roads, fire protection and flooding.

Possibly, the most important aspect of Zoning is to protect, enhance and stabilize property values. For example, Zoning can ensure a mix of uses such as hog farms, cement batch plants, heavy industrial rail yards, residential neighborhoods, medical marijuana facilities and daycare centers are not built adjacent to or in close proximity to each other. Zoning can also be very effective at protecting both the existing “character” of a community as well as the area’s natural resources such as water.

Property taxes are usually based on land value. Typically, land value comes from its use rather than Zoning classification. For example, land used commercially is generally higher value than land used residentially. In a commercially zoned area, a supermarket center would most likely have higher property taxes than a mini-storage facility with the same Zoning. Likewise, in a residential zone district, an area of single-family homes might have higher property taxes than an area of multi-family condominiums.

Typically, Zoning affects compatibility and neighborhood character. When Zoning effectively protects area compatibility, property values may be enhanced through resultant higher priced property sales. As property values increase, property taxes may increase. In short, the value of a property directly affects property taxes.

Zoning tends to stabilize property values, meaning it protects against values going down as much as they may increase. Zoning discourages incompatible uses of land from locating next to one another (hog farm next to residential homes). It is common to see property values increase with development regulations, rather than the misperception they decrease. Some of the highest valued areas in the United States have strong Zoning regulations.  

In Montana, there are many examples where higher levels of Zoning and development regulation enhanced and stabilized property values. While both the towns of Red Lodge and Bear Creek are next door to one another, Red Lodge has much higher property values and many more layers of development oversight through Zoning. Another example is Big Sky, where property values are protected because Zoning prevents incompatible uses.  

This largely depends on individual perspective. A low-density residential zone district on a quiet, mostly untraveled road in an area made up primarily of single-family homes would most likely view residential Zoning as protective. The residential Zoning could be used against a proposal for an asphalt batch plant (with very bright lights and strong odors), next to homes.

On the other side, the owner of the proposed batch plant might view residential Zoning as restrictive. However, appropriate Zoning could serve to protect the asphalt batch plant owner and their investment from being harmed by future residential development next to the plant. Often, when this scenario occurs, the new homeowners seek to eliminate the adjacent use they may find incompatible. This scenario has played out in Montana using Part 1 Zoning.

Property owners always have the right to ask the County to change the Zoning of a particular parcel. This is called “Rezoning.” The property owner would file an application to rezone the property to a particular zone district that would allow the desired use. Typically, the process to rezone land is similar to the process to initially zone the land. Staff would study the impacts of the proposed rezoning to the area along with its relation to the Growth Policy, and then a public hearing would likely be required. At the hearing and as part of the fact finding process for the County Commissioners, citizens would have the ability to speak on behalf of, or in opposition to, the rezoning.

When land is annexed by a City, the County Zoning is nullified and the land is zoned according to the City's zoning ordinance. 

Yes, in addition to Zoning, Lewis & Clark County has several "tools" in its Growth Management Toolbox. Some examples include Subdivision Regulations, Floodplain Regulations, and Roadway Standards. These are to ensure development is done in an environmentally sensitive manner while also protecting the quality of life in an area.

Unlike Zoning, these tools do not allow the County to be fully sensitive to our Citizen’s desires for particular development patterns in the County. Our Citizens have spoken clearly as to their expectations and desires as set forth in the County Growth Policy. By far, the best tool to effectively implement the County Growth Policy (especially the Helena Valley Area Plan) is a comprehensive, County-Initiated Part -2 Zoning program throughout the Helena Valley. 

No. The County’s zoning regulations would not contain any reference to the size or price of houses. 

Commonly referred to as Home Occupations, most zoning regulations allow for this type of land use.  Home occupations need to be clearly incidental to, and not alter, the character of the residential area for the primary use. It is common for a zoning code to allow for several different levels or types of home occupations.  Some common benefits of home occupations are reduced vehicle trips traveled per day and less traffic congestion, especially during peak demand times.  

A setback is the minimum distance structures on a parcel of land must be from any property line on that land. Setbacks prevent structures from crowding too close together and create a buffer between neighbors. Setbacks also prevent the encroachment of similar or incompatible uses upon one another. Typically, different types of zoning districts would have different setbacks depending upon the purpose of the district.

As the minimum setback between buildings varies from one zoning district to another, the minimum size of individual lots may also be affected. A common belief is that minimum lot size helps protect property values in a subdivision by ensuring that the lots will have similar characteristics. However, a minimum lot size does not necessarily affect the overall density of proposed developments within a given zone district.