5 Gallatin County zoning laws that impact Montana businesses
In Montana, state and local government entities are able to enact land use ordinance and regulations for the purpose of protecting public health, safety, morals, and the general welfare of the community.
Specifically, municipalities have the authority in Montana to adopt ordinances that pertain to:
Growth policies;
Zoning ordinances;
Subdivision regulations;
Floodplain regulation;
Buildings for lease or rent regulation;
Impact fees;
Annexation policies and plans; and
Urban renewal plans.
County zoning ordinances are used to control the type and intensity of use that can occur on land or on a property within a particular county in Montana. These may include ordinances that:
Permit specific uses;
Prohibit specific uses;
Restrict signage;
Establishes design and architectural standards for buildings and other improvements;
May restrict the density of buildings or the height;
Determine the location of building and other improvements;
Established parking restrictions and regulations; and
May protect certain historic or environmentally sensitive areas.
Zoning laws can have a significant impact on businesses in Montana. For example, a business that buys real estate or leases commercial space should hire a local business attorney who understands the local zoning ordinances and is able to advise the business owner on how the ordinances may potentially impact the business’ ability to operate.
5 important things business owners must know about Gallatin Valley zoning laws
Figure out whether your business operations are governed by the City of Bozeman or Gallatin County zoning ordinances. Then, learn which district your business will be located in.
For example, there are districts zoned solely for residential single-household low density, some for residential high density, urban mixed-use, or light manufacturing. It would be a significant problem if you bought property or signed a lease in an area zoned for residential single-household low density and you wanted to establish a business that manufactures a product and that use of the property would be considered light industrial.
Review an official Gallatin Valley zoning map to understand the exact district your property is located in.
The street between your property and the business across the street could put you in different districts with significantly different restrictions. The boundary lines are the centerline of streets. Do not rely on looking across the street at other businesses or guessing.
Learn if your specific business use is allowed in your Gallatin Valley zoning district. The planning director and city or county commission authority are responsible for determining the classification of a particular use in Bozeman and Gallatin County.
For instance, if you are opening a community center, you would have a wide range of zoning districts that you could establish your business in, including commercial, mixed use, or industrial.
Research additional zoning regulations, which apply to specific Gallatin County locations. Four Corners, Gallatin Canyon, and Big Sky Town Center are regulated by Gallatin County zoning ordinances and have their own district regulations, and could even have sub-district zoning regulations
Again, knowing exactly where your property is located and what zoning laws will apply is essential to your business.
Review Gallatin Valley zoning laws before building or renovating a business structure. Zoning ordinances could regulate the buildings and other improvements setbacks, height, property density, minimum/maximum building floor area, permitted accessory buildings, permitted uses or uses that may require a special approval, or condition uses that will require a Conditional Use permit.
You may find that your original plans do not meet the regulatory requirements. You want to avoid starting from ground zero more than once.
Worried your planned business use does not conform with local zoning laws?
Hire an experienced, Bozeman business lawyer to help navigate local zoning laws. A business attorney with an understanding of the local Gallatin County and Bozeman City zoning ordinances will advise you on zoning map amendments, special approvals, or requesting a variance.
An attorney will also guide you through the complicated administrative process of a Gallatin County zoning map amendment or variance request by working with the relevant planning department, zoning commission and elected officials that make up the city or county commissioners.
Need help understanding zoning laws in Gallatin County?
Kelley Lewis has a background in government relations and extensive experience working with local governments. KLH Advisors will assist you with any zoning ordinance issue you may have as a small business
