Missoula County Subdivision Regulation Revisions - Subdivisions for Lease or Rent
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Subdivision Regulation Revisions for Subdivisions for Lease or Rent (SLR) - Some projects no longer require subdivision review
On June 27th, the Board of County Commissioners adopted amendments
to the Missoula County Subdivision Regulations that allow landowners to
make certain improvements to their property without undergoing the
expense and time of subdivision review. In some situations, if
improvements are accessory to the primary use of the property, are not
intended to be leased or rented, and the landowner is willing sign an
agreement with the County to this effect, these types of projects may no
longer be required to go through subdivision review. (Other regulations
such as building permits, floodplain/shoreline permits, sanitation and
well permits, etc. may still apply.) This regulation is administered by
the Missoula Office of Planning and Grants (OPG). If you have questions
about how this regulation will be administered or need assistance with a
development proposal, please contact the OPG Planning and Zoning
Information Desk at 258-4642.
The
final resolution to adopt the subdivision regulation revisions,
including the
amendment to Section 4.6 of the Missoula County Subdivision
Regulations can be found
here.
- Request for Commission Action (June 21, 2012)
- Subdivision for Lease or Rent Staff Report to the Planning Board (Attachment 1)
- Subdivision for Lease or Rent Comments (Attachment 2)
- Minutes from the Planning Board's deliberations (Attachment 3)
- Donovan Letter (Attachment 4)
- Draft Resolution (Attachment 5)
The Missoula Board of County Commissioners adopted reduced fees for minor subdivisions for lease or rent on May 9th. Read a copy of the Resolution to Enact Revised Land Use Fees here.
Missoula County is proposing a limited revision to the Subdivision Regulations to help clarify when subdivision for lease or rent review is required.
See below for more information, including the draft regulation revision that the County is currently considering that is intended to allow more flexibility in how the County administers the subdivision for lease or rent provisions in the Missoula County Subdivision Regulations.
| Proposed Regulation Revision for Subdivisions for Lease or Rent |
| We are proposing a minor revision to
Section 4.6 of the Missoula County Subdivision Regulations to
better define what requires subdivision for lease or rent
review. This change clarifies what situations require
subdivision for lease or rent review. It allows for property
owners who wish to make improvements on their property that
could be considered potential subdivisions for lease or rent,
but who do not have any intent to lease or rent the structures
or improvements, to do so without requiring them to go through
the subdivision process. This amendment will allow for property
owners in some cases to make use of a tool called a "use
agreement", which would be an agreement with the County allowing
for agreed upon development without subdivision review with the
understanding that the new improvements or structures will not
be rented or leased. This agreement would be binding on future
property owners as well. In the event a property owner would
want to change the situation so as to allow for rent or lease of
the structures or improvements, they would need to follow
whatever law is applicable, including subdivision law if the
current subdivision for lease or rent provisions remain in
effect. |
| Each case needs to be evaluated individually to see what
rules would apply; however, this regulation change provides some
flexibility that had not been previously available. Situations
that might be considered allowable without subdivision for lease
or rent review under this regulation change include structures
or improvements that are accessory to the primary use of the
property, but yet could also be used by others and as a
practical matter could be rented or leased. For example, a
business owner might need to develop multiple structures on
their property for their expanding operation. Due to location
along a major roadway, and the size and type of structures and
facilities, they could also be easily rented or leased. The
property owner wishing to make these improvements with no intent
to rent or lease these improvements may be able to develop an
agreement with the County indicating the facts of the situation
and that these new structures will not be rented or leased. If
an acceptable agreement can be created, then the new development
would not require subdivision review. |
| Public Hearing Information |
| This proposal is scheduled for public hearing before the Missoula County Board of
County Commissioners on Wednesday, June 27, 2012. The
Planning Board will also receive an informational briefing about
the proposal at their May 15th meeting. Specifics regarding the
public hearing locations and times will be posted on our
website. |
|
Questions, Comments, and Statements of
Concern or Praise
|
|
This regulation will be administered by the Office of
Planning and Grants and you can contact Mike Barton if you
have questions about how this provision is to be
administered. You can contact Mike at 258-3874 or
mbarton@co.missoula.mt.us.
|
| If you have comments or suggestions about the regulation revision itself, please contact Karen Hughes at 258-3425 or khughes@co.missoula.mt.us. Written comments for the Planning Board and Board of County Commissioners can be emailed to khughes@co.missoula.mt.us; faxed to 258-3920; mailed to Rural Initiatives, 200 W Broadway, Missoula, MT 59840; or dropped off at our office located at 317 Woody, Missoula. |
Updated July 16, 2012
