FREQUENTLY ASKED QUESTIONS
Hamilton's Planning Department and Zoning Update Working Group have received a number of common question throughout Phases I and II of the Zoning Code Update. This page addresses these frequent questions.
Q: Do proposed changes eliminate single-family zoning?
No. Proposed residential zoning amendments would still allow for development of single-family homes in all residential zoning districts. The proposed Traditional Neighborhood District (R1) would newly allow for a duplex on all lots without special approval, and up to a triplex or fourplex also “by right” depending on the size of a lot. This district would allow housing types to align with historic neighborhood patterns, while newly enforcing stricter standards that more strictly limit buildings’ heights and footprints.
Q: As new lands are annexed and developed, how will zoning affect those areas?
It depends. When property owners petition the City to be annexed (typically so they can access City water and sewer), they are required to also request a zoning designation. A property’s zoning must follow policies and the Future Land Use Map of Hamilton’s 2022 Comprehensive Plan, and a requested zone change is subject to approval by City Council after review of criteria established in state law.
Q: What population or housing growth do you anticipate if proposed zoning amendments are adopted?
Absent other factors, Hamilton’s 2022 Comprehensive Plan projects 800 new residents in the City in 20 years if growth continues recent trends – with a need for over 400 housing units. If the City takes on a larger share of countywide growth or trends tick upward, these population projections and housing needs could be higher. Notably, the needs assessment does not account for the nationwide underproduction of homes since the Great Recession, estimated roughly 4 million (4,000,000) units short of current demand. Zoning amendments are not designed to induce growth, but to respond to unmet housing needs in the community today, catch up from local underproduction over the past 15 years, better accommodate future growth demands as they emerge, and meet adopted housing goals by growing in a thoughtful and proactive way while maintaining small-town character.
Q: Will the proposed zoning changes “solve” the current housing crisis?
Other factors will ultimately continue to impact the supply and cost burden of housing to a significant degree - such as mortgage interest rates, labor availability, cost of materials, regional household incomes, etc. The City is limited financially and by state law in the tools we can use to respond to the housing crisis, and the City does not develop or manage housing. By reducing limitations on the types of homes that can be built across the City through incremental zoning reform, over time additional supply should moderate increases in for-sale costs and monthly rents by balancing local supply with demand.
Q: Can the City of Hamilton guarantee new housing is actually affordable?
No. In 2021 the Montana legislature “pre-empted” local zoning powers, prohibiting cities from requiring affordable housing units, providing the land to develop them, or paying fees for their public provision. In 2023 the legislature also prohibited local governments from adopting “rent control” measures. Proposed zoning changes would allow an incremental increase in the number of dwelling units allowed on a lot, and include standards to encourage production of smaller dwelling types. The intention of these changes is to allow a diversity of housing across the City in enough supply to create a marketplace of broadly more attainable homes.
Q: How will proposed zoning changes impact greenspaces and open space?
When built as infill (additional homes in existing neighborhoods), development limits the amount of open lands lost to meet housing needs. This effect is multiplied if infill can be built as Hamilton’s Westside was before zoning rules: with a mixture of detached single-family homes, duplexes, fourplexes, courtyard apartments, etc. Similarly, by allowing an incremental increase in allowed density for new developments that annex, a greater share of housing demand can be met on a smaller geographic footprint, which can preserve more surrounding open space into the future. Also, proposed changes would newly enforce a maximum lot coverage for buildings in residential zoning districts, intended to maintain greenspace on individual lots. Explicitly allowed “cottage courtyards” would also encourage multifamily housing with a central greenspace requirement. In general, denser development near existing services and amenities retains open space and maintains a compact pattern of growth in character with Hamilton’s existing neighborhoods.
Q: Is current infrastructure – water, sewer, wastewater treatment, streets – able to accommodate increased population?
Existing infrastructure can accommodate immediate development proposals in review by the City. Over enough time, Hamilton will by necessity have to expand potable water storage and distribution for domestic use and fire flow, sanitary sewer conveyance, wastewater treatment plant physical capacity and nutrient load treatment, and transportation facilities to accommodate mobility demands – along with staff needs for these systems. The Public Works Department engages in continuous efforts to plan for future facilities, and to maintain and improve existing systems.
Q: Who pays for infrastructure demands that are induced by growth?
City policies and regulations require new development to pay for extensions of public infrastructure as it’s built out, and all new construction (whether infill or by annexation) must pay impact fees for planned future “up-sizing” of impacted facilities: water, wastewater, and transportation as well as police, fire and parks. Infill development distributes long-term costs of existing infrastructure across a wider tax base without the need to construct expensive new facilities, which helps reduce existing residents’ burden. Hamilton’s Planning Department coordinates all development review with Public Works, and staff continuously pursue grants to limit local taxpayer costs of infrastructure, with frequent success.