Zoning, building permits and septic rules in Polson, Montana

Polson’s own rules

• Building permitRequired

  New construction, remodeling, redevelopment and additions inside Polson city

  • Source is the impact fee chapter definition referring to the Polson Development Code; the permit-requirement section itself was not opened

  “Building permit shall mean the permit required for new construction, remodeling, redevelopment and additions pursuant to the Polson Development Code”

• Local zoningPresent

  Land inside Polson city limits

  • Zoning is in Chapter 6 Development Code, Article 2 Zoning Districts

  “The table below provides an illustrative look at land uses allowed in the various zoning districts.”

• Minimum lot sizeSpecified

  Medium density residential zoning district (MRZD) inside Polson city

  • Townhouse 3,500 s.f.
  • Additional 1,000 s.f. per additional unit in two-family and multiple-family dwellings

  minimum lot or mobile home space size: >= 6000 square feet (Townhouse 3,500 s.f.)

  “minimum lot or mobile home space size 6,000 s.f. townhouse - 3,500 s.f.”

  One more reviewed finding on this topic

  • Specified — Low density residential zoning district (LRZD) inside Polson city

    “minimum lot size 7,000 square feet minimum front yard setback 30 feet”

• SetbacksSpecified

  Low density residential zoning district (LRZD) inside Polson city

  • Minimum rear yard setback 15 feet
  • Minimum setback from lake, river or stream 50 feet, with shoreline buffer
  • Accessory buildings only in rear yards, not front yards or required side setbacks (except lots abutting Flathead Lake or Flathead River)

  front yard setback: >= 30 feet · side yard setback: >= 5 feet · rear yard setback: >= 15 feet

  “minimum front yard setback 30 feet minimum side yard setback 5 feet”

  One more reviewed finding on this topic

  • Specified — Medium density residential zoning district (MRZD) inside Polson city

    “minimum rear yard setback single, two-family - 15 ft multiple family - 20 ft”

• Lot coverageSpecified

  Low density residential zoning district (LRZD) inside Polson city

  • Applies to slopes of 0-8%; steeper slopes see section 6.04.040

  maximum lot coverage: <= 40 percent (45% for lots in cluster development)

  “maximum lot coverage 40%, 45% for lots in cluster development*”

  One more reviewed finding on this topic

  • Specified — Medium density residential zoning district (MRZD) inside Polson city

    “minimum setback from lake, river or stream 50 feet maximum lot coverage 55%**”

• Building heightSpecified

  Low density residential zoning district (LRZD) inside Polson city

  maximum building height: <= 35 feet

  “minimum rear yard setback 15 feet maximum building height 35 feet”

  One more reviewed finding on this topic

  • Specified — Medium density residential zoning district (MRZD) inside Polson city

    “maximum height 35 feet parking spaces see section 6.04.250”

• Living in an RVLimited

  Recreational vehicles on private lots in residential districts inside Polson city

  • Guest RV up to 14 days without zoning conformance permit, parked on landowner's property and not hooked up to city water and sewer
  • Seasonal RV: one per lot, may not be rented, must meet district setbacks and shoreline buffers
  • RV parks and campgrounds are permitted in the RVZD and special use in RZD

  guest RV stay without permit: <= 14 days

  “no rv structures shall be used as permanent (year round) dwellings.”

• Camping on your landLimited

  Temporary RV use by guests on residential lots; and camping on city streets/property inside Polson city

  • Residential guest RV limited to 14 days without a zoning conformance permit, not hooked up to city water and sewer
  • On city streets or city property, no camping more than 72 hours unless otherwise posted, and site must be attended by immediately adjacent real property

  guest RV days: <= 14 days · city street/property camping: <= 72 hours (unless otherwise posted)

  “no person may camp, tent, or park a recreational vehicle on a city street or city property for a continuous period of more than 72 hours; unless otherwise posted.”

• Accessory dwellingsAllowed (with conditions)

  Detached accessory dwelling units in LRZD, MRZD, RZD and HMZD inside Polson city

  • Only on lots with single family residences; one per lot; max two bedrooms
  • Ground floor area max 50 percent of principal dwelling; max two stories
  • Lot must meet district minimum size; one sewer/water hookup per lot; one off-street parking space
  • Renting requires owner-occupancy with recorded affidavit and deed restriction
  • Approval from Montana DEQ or Lake County Environmental Health Department may be required prior to occupancy

  maximum bedrooms: <= 2 bedrooms

  “a detached accessory dwelling unit (a single, fully functional dwelling unit physically separated from the primary dwelling on a lot), including an apartment above a garage, is a customary accessory residential use in the lrzd, mrzd, rzd, and hmzd.”

• Subdividing landRegulated (with conditions)

  Subdivisions inside Polson city (Development Code Article 6 Subdivision Regulations)

  • Land in the 100-year floodway may not be subdivided for building or residential purposes

  “may not be subdivided for building or residential purposes or other uses that may increase or aggravate flood hazards to life, health or welfare”

• Building in a floodplainRequired

  Subdivisions within the regulated flood hazard area inside Polson city

  • Stated in the subdivision floodplain provisions; applies to subdivisions including new or expansion of manufactured home parks
  • City of Polson Floodplain Administrator reviews floodplain delineations

  “floodplain permits must be obtained according to these regulations before development occurs that is within the regulated flood hazard area.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Polson or Lake County directly.

• Owner-builder exemption — Owner-builder exemption inside Polson city
• Building code adopted — Building code inside Polson city
• Inspections — Building inspections inside Polson city
• Certificate of occupancy — Certificate of compliance/occupancy inside Polson city
• Minimum dwelling size — Minimum dwelling size inside Polson city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.