Board Review Processes
The Current Planning and Land Use division of Development Services is responsible for reviewing projects that include land divisions and zoning district changes.
Land Use review ensures that development is supported by the orderly and efficient provision of services throughout the City of Missoula to prevent lessen congestion in streets and highways, provide adequate light, air, water, sewage disposal, parks and recreation, ensure adequate access.
Please read through each step of the process for a review of the entire process.
Contact Us
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Current Planning & Land Use
Zoning Desk
(406) 552 - 6625
Available hours: 10 am – 2 pm
zoningdesk@ci.missoula.mt.us
- STEP 1: Intake Form +
- STEP 2: SCOPING MEETING +
- STEP 3: APPLICATION & FEE +
- Step 4: Public Notice +
- STEP 5: PUBLIC HEARING +
The first step is to determine which land use process, if any, is appropriate for the property and the proposed scope of work of the project. Determine the zoning district and any overlays using Missoula County Property Information System and 'What's My Zoning?'. For a comprehensive set of instructions, see the Research a Property webpage.
Then, utilize Missoula's Municipal Zoning Code, Title 20, to determine the Parcel and Building Standards. There are also Building and Use Specific Standards which may apply.
The Intake Form for nearly all Board Review Land Use Processes (Rezoning, Conditional Use, Public Forums, and Variances) can be found here. The form and any supporting documents can be submitted to the Zoning Desk at zoningdesk@ci.missoula.mt.us. Before submitting the Intake Form, please review the process descriptions below and any relevant sections of Title 20.
Upon submission of the Intake Form, the project will be placed in the queue. There is often significant wait time as project assignment is dependent on staff availability and work plans. Some projects like subdivision and public forums, have statutory deadlines.
An assigned case planner will research the property and proposal and then reach out to the applicant to schedule a Scoping Meeting.
At the Scoping Meeting, staff will explain the process, inform the applicant on applicable regulations, application materials, and explain the criteria for review.
The goal is to provide relevant information before the applicant submits an application and pays the fee so that the application is complete, and the proposal has the best chance of meeting the criteria and being approved.
Following a scoping meeting, the applicant submits the appropriate application, supporting documents, and fee to Development Services. The application and supporting documents can be emailed to the case planner or to zoningdesk@ci.missoula.mt.us.
The fee is paid by check, which should be delivered to the Community Planning, Development and Innovation reception desk in City Hall at 435 Ryman St. The check can be made to the 'City of Missoula'. The current fee schedule is here.
The case planner reviews the application for completeness. The applicant must address any concerns raised during the scoping process.
There is a period of public notice before the presentation and report to the Board or governing body. Public notification occurs a minimum of 15 days prior to the public hearing. The different types of noticing are;
- Application Packet posted on the city's Private Development Projects webpage and Engage Missoula
- Inter- and Intra- Agency Memos to relevant regulatory entities within the City of Missoula and Montana, including but not limited to the applicable Neighborhood Council (Map) and City Council representatives (Map)
- Letters to Adjacent Property Owners within 150 feet of the subject property
- Poster at the site of the project, on frontages facing the street
- Legal ad in the Missoulian
Noticing is different for each process, see the project types listed below for the specific noticing requirements.
The public may provide written comment on the project proposal on the Engage Missoula page or by email to the Case Planner. All comment received up to a week prior to the public hearing will be included in the staff report to the board or governing body. For decisions made by City Council, the staff report is available on meeting agenda found on the City’s Meetings page.
The public hearings are in person and virtually. For information on how to attend meetings virtually, please see the City's Meetings page.
Public comment is taken at the public hearings.
Board Review Land Use & Development Processes
Land outside the City limits can petition to be annexed into the City if the land is within the City’s Utility Services Area Boundary and complies with the City’s Annexation Policy (Map). The City limits boundary can be found on What’s my Zoning? and the Utility Services Area Boundary can be found here.
There are currently no city-initiated annexations. Owner-initiated annexations may occur by the property owner submitting a Petition to Annex to Development Services. On a case-by-case basis, the Utility Service Review Committee may also request the applicant petition for annexation when applying to connect to City services. Typically, property owners request city services for one of two reasons:
- Emergency request to connect a failed community septic or drinking water system.
- Request to extend utility service to new development, redevelopment and / or subdivision.
The proposed zoning must comply with the criteria in Municipal Zoning Code, Title 20, Section 20.85.040.I. Typically the zoning applied must comply with the assigned Place Type in the Our Missoula 2045Land Use Plan. Determine a parcel's assigned Place Type by following the instructions on the 'What’s My Zoning?' webpage. Then, use the pages in the Place Type’s description in the Land Use Plan to find the comparable zoning districts.
Public Notice: A memo is sent to Adjacent Property Owners within 150 feet of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays. The project is posted on Engage Missoula.
Public Hearings: The annexation is scheduled for public hearing at City Council. City Council first approves a Resolution of Intent to Annex. Following the public hearing, City Council approves, conditionally approves or denies the Resolution to Annex.
Effective Date: If the annexation request is approved or conditionally approved, the property is annexed and the zoning applied upon annexation is effective immediately after City Council approval.
Download the Petition to Annex
A Conditional Use is a use classification that is allowed only if the proposed development and use intensity is reviewed and approved by City Council in accordance with the conditional use procedure. A list of use classifications with definitions can be found in Municipal Zoning Code, Title 20, 20.105 - Use Classifications. If you are unsure what use classification under which your proposed use falls, please email zoningdesk@ci.missoula.mt.us with a description.
The Conditional Use approval procedure is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
The Conditional Use procedure is outlined in Municipal Zoning Code, Title 20, 20.85.070 - Conditional Uses. The zoning officer will prepare a report and recommendation that evaluates the proposed conditional use in light of the review criteria of 20.85.070.H. Then, at a public hearing, City Council will evaluate whether the criteria has been satisfied.
Conditional Uses are denoted with a 'C' in:
- Table 20.05-1 Uses Allowed in Residential Districts
- Table 20.10-1 Uses Allowed in Business and Commercial Districts
- Table 20.15-1 Uses Allowed in Industrial and Manufacturing Districts
- Table 20.20-1 Uses Allowed in Open Space, Public, and Aviation Districts
Public Notice: A memo is sent to Adjacent Property Owners within 150 feet of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays.
Public Hearing: The conditional use is scheduled for public hearing at City Council.
Effective Date: If the conditional use request is approved or conditionally approved, the conditional use is effective immediately after City Council approval. A conditional use approval will lapse and have no further effect two years after it is approved unless the terms in Title 20, Section 20.85.070.J have been met.
Download the Conditional Use Application.
A government agency may vary from local zoning regulations through the Public Forum process. An "agency" means a board, bureau, commission, department, district, an authority, or other entity of state or local government.
The Public Forum procedure is outlined in Municipal Zoning Code, Title 20, 20.85.095 – Public Forums.
Public Notice: A memo is sent to Adjacent Property Owners within 150 feet of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays. The project is posted on Engage Missoula.
Public Hearing: City Council holds a public hearing within 30 days of the date the agency gives a completed application demonstrating how they intend to vary from zoning code to Development Services. City Council has no power to deny or condition the proposed use but shall act only to allow a public forum for comment on the proposed use. The agency shall attend the public hearing. (See 76-2-402, MCA.)
Effective Date: After the project attends public hearing, any other required permits can begin review.
Download the Public Forum Application.
State Law enables Zoning Map Amendments (also known as Rezoning) and provides criteria for review and protest provisions. A Zoning Map Amendment changes the zoning district of a parcel to a different zoning district.
The process for Zoning Map amendments is addressed in Municipal Zoning Code, Title 20, Section 20.85.040 - Zoning Map Amendments. Typically rezone requests are from the current zoning, which may be a Special District or PUD, to a standard district in Title 20. Rezones often allow for proposed development that would not have met the allowed density, uses, or other standards of the original zoning district.
In reviewing and making decisions on zoning amendments, the zoning officer, Planning Board and City Council must consider the criteria outlined in Municipal Zoning Code, Title 20, 20.85.040.G. Per state law, rezones to standard zoning districts are approved or denied by City Council and cannot be approved with conditions.
Compliance with the Land Use Designation from the Our Missoula 2035 Growth Policy is the first criteria of review. Determine a parcel's Land Use Designation by following the instructions on the 'What’s My Zoning?' webpage. Then, use the tables in the Growth Policy to find the comparable Title 20 Zoning District. Generally, these districts are the options to which a parcel can be rezoned.
State Law provides for property owners to protest a rezone. Zoning protests are addressed in Title 20, Section 20.85.040.H. If valid protest petitions have been received by 25% or more of the owners of land within 150 feet of the property proposed for rezoning, approval of the rezoning requires an affirmative vote by 2/3’s of City Council members present and voting. Zoning Protest petition templates are available from Development Services. Staff notifies City Council at the public hearing whether valid protest provisions have been received and verified.
Public Notice: A memo is sent to Adjacent Property Owners within 150 feet of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays. The project is posted on Engage Missoula.
Public Hearings: Zoning Amendments are required to attend public hearings at Planning Board and City Council.
Effective Date: If the rezone request is approved, the new zoning is effective 30 days after City Council approval.
Download the Zoning Amendment (Rezone) Application.
A variance is a method of relief from requirements of the zoning code in specific cases. They are utilized to address unnecessary hardship resulting from strict application of zoning ordinance standards.
The Zoning Variance process is outlined in Municipal Zoning Code Title 20, 20.85.090 - Variances. The zoning officer will prepare a report and recommendation that evaluates the proposed variance using the review criteria of 20.85.090.G.
1. Owing to special conditions strict application of one or more standards or requirements of this zoning ordinance would result in unnecessary hardships;
2. The zoning variance is the minimum zoning variance necessary to provide relief from the unnecessary hardships;
3. The zoning variance is generally consistent with the overall purpose of this ordinance; and
4. The zoning variance will result in substantial justice being done, considering both the public benefits intended to be secured by this zoning ordinance and the individual hardships that will be suffered if the zoning variance request is denied.
Public Notice: A memo is sent to Adjacent Property Owners within 150 feet of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays. The project is posted on Engage Missoula.
Public Hearing: The Board of Adjustment will take action to approve, approve with conditions or deny the proposed zoning variance. The Board's decision is supported by written findings of fact. In the case of approval, the Board's findings must include a written description of the unnecessary hardship that would be created if the subject property was subject to strict compliance with zoning ordinance regulations. More information about the Board of Adjustment can be found in Title 20, 20.90.010 - Board of Adjustment.
Effective Date: After the project attends public hearing, any other required permits can begin review. The applicant has two years from the date of approval to apply for building permits.
Download the Variance Application.