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16146, Staff Report for the Cottage Housing Text Amendment
Public Hearing Dates: Zoning Commission/Planning Board, June 21, 2016
City Commission, June 27, 2016
Project Description: Amend the Bozeman Municipal Code to create a cottage housing
residential type. Portions of the municipal code to be amended are: Chapter 38,
Unified Development Code, to add Section 38.42.762 to define Cottages, to add
Section 38.42.764 to define Cottage Housing Subdivision, to amend Articles 38.08
And 38.09 to assign Cottage Housing as a use in residential zoning districts, to
amend Section 38.05.020 Subdivision Exemption Procedures to allow creation of
Cottage Housing Subdivisions through a subdivision exemption process, to amend
Section 38.05.070 to establish criteria for Cottage Housing Subdivisions as a
subdivision exemption, and to create Section 38.22.240 to establish standards and
procedures for Cottage Housing Subdivisions. Additional sections may be amended
if it is determined to be needed during the course of review.
Project Location: This application amends the uses allowed on all residentially zoned
property designated as R-1, Residential Single-Household Low Density District; R-2,
Residential Two-Household Medium Density District; R-3, Residential Medium
Density District; R-4 Residential High Density District; R-O, Residential-Office
District; RMH, Residential Manufactured Home Community District; REMU,
Residential Emphasis Mixed-use District; and NEHMU Northeast Historic Mixed-
Use District.
Recommendation: Approval
Advisory Board Recommended Motion: Having reviewed and considered the proposed
ordinance, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application 16146 and move to recommend
adoption of Ordinance 1952.
Commission Recommended Motion: Having reviewed and considered the proposed
ordinance, public comment, recommendation from the Planning Board and Zoning
Commission, and all the information presented, I hereby adopt the findings presented
in the staff report for application 16146 and move to provisionally adopt Ordinance
1952.
Report Date: June 16, 2016
Staff Contact: Chris Saunders
Agenda Item Type: Action - Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives of the City Commission .................................................................................. 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 12
Section 76-3-501, MCA (Subdivision Purposes).............................................................. 14
APPENDIX A - PROJECT BACKGROUND AND ILLUSTRATIONS .............................. 16
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 23
APPENDIX C – APPLICANT INFORMATION AND REVIEWING STAFF .................... 24
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
EXECUTIVE SUMMARY
Unresolved Issues
As a draft ordinance the Commission has discretion to modify the text as they deem
necessary. No specific issues have been identified. The Commission must make the
determination whether the proposed ordinance is an improvement for the land development
regulations.
Project Summary
The City has been working on the issues of infill development and affordable housing for
many years. Recently, the City adopted new regulations for affordable housing. As part of
that process the City Commission directed creation of an option for cottage housing.
Cottage housing enables a more flexible subdivision design process. Smaller lots are
authorized and coordination as a larger project enables certain efficiencies of land use. The
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increased intensity of use and flexibility can create challenges in maintaining the
functionality of the cottage housing site. It is necessary to find a balance of benefits between
adjacent land owners and cottage housing developers and those who will eventually reside in
the development. This is accomplished by design standards which address interactions within
and outside of a specific project. The design standards include both site and architectural
elements. Photos of local homes illustrating some of the design standards are in Appendix A.
Cottage housing is a design challenge. The allowed small scale and small lots means that
there is little opportunity to address unexpected issues. The design standards address fine
detail not normally seen during a subdivision review. Not all sites can successfully meet
cottage housing standards. Provision of infrastructure may be a substantial design constraint.
As cottage housing is creating individual lots, it is reviewed through the subdivision process.
This provides for necessary documentation of lot boundaries and ownership as well as
evaluation of adequate public services. No follow up site plan review is required. This
provides a considerably expedited process from beginning of review to construction.
However, it is necessary for the developer to demonstrate compliance with standards.
Therefore, a cottage housing development must provide more information at the subdivision
stage than is typical.
The cottage housing proposal requires provision of affordable housing as defined in 38.43,
BMC. Unlike the voluntary participation presently allowed for most subdivisions, cottage
housing must provide at least one affordable house regardless of the number of homes. A
larger project may be required to provide more.
Cottage housing is subject to the same requirements for provision of park land, adequacy of
roads, etc as all other types of residential development. It must be noted that Bozeman’s
development standards are minimum standards. There is no assurance given that maximum
development can be achieved on any particular site.
This text amendment affects both zoning and subdivision regulations. Therefore, the analysis
of the amendment considers all criteria applicable to either process.
Alternatives of the City Commission
1) Adoption of the ordinance as presented.
2) Do not adopt the ordinance.
3) Direct revisions to the ordinance prior to adoption.
4) Request additional information and continue discussion on the ordinance.
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SECTION 1 - MAP SERIES
Map of zones where cottage housing is authorized.
Additional images illustrating various elements of the proposed standards are provided in
Appendix A.
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SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, the Staff
recommends approval as submitted.
The Development Review Committee (DRC) considered the amendment on June 15, 2016.
The DRC did not identify any infrastructure or regulatory constraints that would impede the
approval of the application. The DRC did identify concerns with the possible difficulty of
locating required utilities within a compact site. There are requirements for separation of
utility lines from each other and structures. Access to such services must remain intact. DRC
noted that this is a design constraint on cottage housing.
The Zoning Commission and Planning Board will hold a joint public hearing on this text
amendment on June 21, 2016, and will forward a recommendation to the Commission. The
public hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
The City Commission will hold a public meeting on the amendment on June 27, 2016. The
public hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications under this title, the advisory boards and City Commission shall
consider the following criteria. As an amendment is a legislative action, the Commission has
broad latitude to determine a policy direction. The burden of proof that the application should
be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes zoning criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. Subdivision criteria 1-17 must be
considered and may be found to be affirmative, neutral, or negative. A favorable decision on
the proposed application must find that the positive outcomes of the amendment outweigh
negative outcomes for criteria 1-17.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The City adopted the current edition of the growth policy, the Bozeman Community
Plan, in 2009. The text includes numerous goals and objectives applicable to this application.
Chapter 3 identifies seven land use principles which are the basis for the chapter. The cottage
housing proposal addresses three of those principles.
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Neighborhoods. There is strong public support for the preservation of existing
neighborhoods and new development being part of a larger whole, rather than just
anonymous subdivisions.
Integration of Action. Land use policy should be integrated with and supported by all
other City policies and programs, including facility planning and construction for services
such as wastewater and transportation. This ensures that the community objectives
identified through this plan are attained efficiently.
Urban Density. Although a wide range of commercial and housing styles, types, and
densities are provided in Bozeman, not every option is provided. Bozeman is a city, and
the housing densities are not those of the rural areas of Gallatin County.
Fundamental to the efficient and cost-effective provision of urban services, multi-modal
transportation oriented development, and a compact development pattern is a
concentration of persons and activities. Density of development must also be balanced
against community character, parks and open spaces, and the housing choices of citizens.
Quality site and architectural design will materially affect the success and acceptability of
urban density and scale of development.
Several chapters of the growth policy identify goals and objectives for land use, community
character, and housing which are applicable to this application.
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Rationale: A sense of community is strengthened by distinctive areas which facilitate
neighborhood identity. This is strengthened when essential services are available and
encourage informal interactions. Full featured neighborhoods allow extensive interaction
and build identity with a specific part of the community. A sense of place does not
prohibit
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Goal C-1: Human Scale and Compatibility — Create a community composed of
neighborhoods designed for the human scale and compatibility in which the streets and
buildings are properly sized within their context, services and amenities are convenient,
visually pleasing, and properly integrated.
Rationale: A community’s physical form, rather than its land uses, is its most enduring
characteristic. We should design places for people as the primary user. Good design looks
good and feels good. The spatial relationships in our environment in large part determine
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our experience of the place. Scale and context should be the beginning point of any
discussion of community quality.
Objective C-1.3: Support compatible infill within the existing area of the City rather than
developing land requiring expansion of the City’s area.
Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented,
contain a variety of housing types and densities, contain parks and other public spaces,
have a commercial center and defined boundaries.
Rationale: Good neighborhoods allow choices in housing, recreation, modes of
transportation, options for commerce, work, and entertainment while providing a healthy
environment and a sense of place and identity that residents can call home.
Objective C-4.2: All new residential buildings should be designed to emphasize the
visually interesting features of the building, as seen from the public street and sidewalk.
The visual impact of garage doors, driveways, and other off-street parking will be
minimized and mitigated.
Objective C-4.3: Ensure the development of new residential structures that are
aesthetically pleasing through urban design.
Objective C-4.4: Provide for the protection of character and the enhancement of services
in existing residential neighborhoods.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.
Rationale: A community needs a variety of housing stock to accommodate the diversity
in personal circumstances and preferences of its population. The type of housing required
may be different throughout a person’s life. A healthy community has a wide range of
citizens with differing age, education, economic condition, and other factors. Stable
neighborhoods encourage reinvestment, both financial and emotional that strengthens and
builds the community.
Objective 1.1 - Encourage and support the creation of a broad range of housing types in
proximity to services and transportation options.
Objective 1.2 – Encourage the preservation and rehabilitation of the existing housing
stock to protect the health, safety, and welfare of Bozeman residents.
Objective 1.3 - Promote the provision of a wide variety of housing types in a range of
costs to meet the diverse residential needs of Bozeman residents.
Goal H-3– Encourage an adequate supply of affordable housing and land for affordable
housing.
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Rationale: There will always be a portion of the population which earns less than the
median income. This may be for many reasons. This affects the ability to find market rate
housing which is adequate for basic housing needs. Lack of adequate housing effects
health, social stability, and many other issues which can have severe negative and inter-
generation effects.
Objective 3.1 – Encourage the provision of affordable housing.
Objective 3.3 – Promote the development of a wide variety of housing types, designs, and
costs to meet the wide range of residential needs of Bozeman residents.
The community is experiencing a change in housing needs. The 2010 US Census found that
33.5% of all households in Bozeman were comprised of an individual living alone.
Household size on average has decreased to 2.17 in 2010 from its high of 5.74 in 1930. This
ongoing shift affects demand for housing as summarized in this quote from Appendix B.1.3
of the Bozeman Community Plan.
“Declining household size results in the need for more housing units to house the same
population. For example, in 1990, 9,100 housing units were needed to house the City’s
population of 22,660. However, in 2000 it would take 9,852 housing units to house
22,660 people due to declining household size. The decline in average household size
also indicates that the provision of a range of housing options, including smaller housing
units, is an important consideration.”
No conflicts with the growth policy have been identified.
As described under the land use principle of integration of action, the City strives to
accomplish multiple outcomes through each action. The cottage housing proposal will:
• Provide for affordable housing by requiring a minimum provision of cost limited
homes as well as enabling smaller land area and requiring smaller building sizes that
typical for detached homes.
• Provide a new development configuration allowing for home purchase in a
coordinated project without the limitations of condominiums.
• Expand the diversity of available housing by supporting development of smaller
detached homes than typical in Bozeman.
• Provide for infill development which is consistent with existing neighborhood
character by limiting size and height of individual homes and having design
guidelines addressing open space and building design.
• Provide an opportunity for additional density of single detached home development
consistent with urban character.
Therefore, the proposed amendment is consistent with the growth policy.
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B. Secure safety from fire and other dangers.
Yes. The cottage housing land use is subject to building permit requirements. This will
ensure adequate building safety. The site for cottage housing must be reviewed through the
subdivision process which requires review for water supply, transportation access, and access
for fire and other emergency services. Designs which cannot demonstrate adequate fire
access, water flow, or compliance with other adopted standards will not be approved.
C. Promote public health, public safety, and general welfare.
Yes. The essential standards for provision of public services such as water and sewer will
not be modified. The balance of design standards as an offset for increased density will
prevent overcrowding or other negative impacts.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Cottage housing requires evaluation as a subdivision either concurrently with or prior to
a cottage housing proposal. See 38.22.240.D of the draft text. The subdivision review
process addresses provision of essential services such as transportation. Provision of
adequate parks is an essential element of a cottage housing development. Demand for
services from cottage housing is anticipated to be similar to other detached homes.
E. Reasonable provision of adequate light and air.
Yes. The cottage housing proposal does authorize a greater number of single detached homes
per acre than currently allowed. See 38.22.240.E of the draft text. However, there are
corresponding restrictions on the size of the allowed homes, building heights, requirements
for private and common open spaces, and separation between buildings. See 38.22.240.G of
the draft text. The balance of the increased density and the restrictive standards provides for
reasonable provision of light and air.
Common open spaces are required to provide for larger aggregated spaces within a
development. Individual private spaces are also required. Fence heights are restricted to
maintain a character of openness and circulation of air.
F. Effect on motorized and non-motorized transportation systems.
Neutral. The current allowances and requirements for parking apply based on the number of
bedrooms in the structure. Presently, any residential development may count a certain
number of on-street parking spaces and provide for parking on-site as well. The draft does
not require enclosed parking of any sort. It is allowed for if the designer chooses to provide
it. This is the same standard that applies to other residential development. It is anticipated
that individual cottage homes will be smaller and have fewer bedrooms than most detached
homes. This will reduce the number of required parking spaces.
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Cottage housing developments must provide the same perimeter sidewalks as all other
development. They must include internal circulation areas to connect individual homes to the
street. This standard is no different from other residential development.
G. Promotion of compatible urban growth.
Yes. The cottage housing model is for small distributed projects not exceeding 24 units in a
single development. See 38.22.240.E of the draft text. This prevents undue concentrations of
a single housing type. Cottage housing is an urban style of development and density. The
cottage housing approach can be readily integrated into larger subdivision projects. As
discussed in criterion H the design standards applicable to cottage housing should provide
compatibility of cottage housing with other development.
As demonstrated under Criterion A, the cottage housing proposal is consistent with the
adopted growth policy. Compliance with the growth policy is required for all zoning actions.
Therefore, if the cottage housing standards are compatible with the growth policy they should
also enable compatible urban growth.
H. Character of the district.
Yes. Detached individual homes are principal uses in all zoning districts where cottage
housing is proposed to be authorized. See 38.08, 38.09, and 38.14, BMC. The existing
regulations within those articles set a minimum dwelling size at the smallest area allowed by
the applicable building code. The same minimum dwelling size applies to cottage housing as
well.
In all zoning districts where cottage housing is authorized accessory dwelling units are also
allowed. The average minimum area of land per dwelling of a detached home and an
accessory dwelling unit is one home per 3,000 square feet of lot area (except R-5 which
allows a higher density). The minimum lot area for cottage housing homes is one home per
2,500 square feet. Therefore, the allowed density of development is not materially greater
than may be allowed with other single home development. Depending on site constraints and
design the maximum density may not be achieved. The exterior yard setbacks for cottage
housing are the same as for other residential uses.
Cottage housing is also authorized for zoning districts where attached homes may be
permitted. Attached homes can be developed at considerably higher density than standard
detached single homes. In some circumstances cottage housing may be less dense and shorter
than adjacent attached housing.
On balance, with the allowance for increased density offset by restrictions on maximum
building size coupled with the similarity of lot size and allowed uses cottage housing will
respect the character of the district where it is placed.
The present proposal does not include cottage housing in the Residential Suburban (RS)
district. The RS district is typically placed where there are environmental constraints on the
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land. A planned unit development is required for new development in the RS district to
enable subdivision design to respond to the unique constraints of the site. Since there is no
established minimum lot size in RS the calculation of density approach for cottage housing
does not work. If a developer wanted to create a subdivision with small lots they could
propose to do so through the PUD process. There does not appear to be material benefit to
adding the additional complexity of the cottage housing regulations to the existing PUD
requirement.
I. Peculiar suitability for particular uses.
Neutral. Cottage housing is one of many uses allowed within residential districts. Single
detached homes are already authorized in all residential districts. Cottage housing allows for
a different configuration of detached housing but remains essentially the same use.
Therefore, cottage housing is not affected by this criterion which is primarily examining the
physical characteristics of a site rather than a land use.
J. Conserving the value of buildings.
Yes. The use of the cottage housing option will primarily occur on new development. As the
character of new development is still forming and influencing the value of associated
buildings cottage housing should have a minimal impact. As discussed in Criterion H, the
essential character of cottage housing is consistent with existing zoning districts. However, it
is also possible to use cottage housing for redevelopment. The most likely constraint on its
use for redevelopment is the difficulty of assembling an adequately sized and configured
parcel. Since cottage housing is for single detached home ownership it is unlikely to
materially affect adjacent properties. Contact with other communities with established
cottage housing development has not identified negative impacts on adjacent properties.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. Cottage housing is a different configuration of a long established development type.
The essential elements of this criterion will be determined when a zone map amendment is
applied to a parcel of land. Cottage housing will be one small part of the total scope of
appropriate development.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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For this text amendment application the applicable calculation of protesting owners would
include the entire ownership of all affected residential districts.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Yes. Please reference Criterion A of the zoning map criteria for additional discussion of the
growth policy. The revision to subdivision procedures do not detract from growth policy
compliance. Section 2.1 of the Bozeman Community Plan describes guiding principles for
the growth policy.
Strives to achieve a fair and proper balance among conflicting interests, to protect the
rights of citizens, and to affirm community values as they have been expressed by
citizens and throughout the planning process.
Realizes interrelated goals for land use, housing, transportation, environmental concerns,
and economic development.
The proposed regulations maintain the balance of interests by requiring subdivision review
when property has not previously been reviewed but not requiring duplicative reviews. The
draft regulations further balance interests by allowing internal design flexibility while
maintaining standards for the perimeter to prevent conflicts between properties. Design
standards address location, architectural features and other elements that harmonize between
adjacent users.
The proposed amendment addresses issues of infill development and land use, housing, and
economic development. Housing cost has been identified as a limiting factor in recruitment
of personnel. As discussed in zoning criterion A, there is considerable connection between
the growth policy subjects of land use and housing and the proposed ordinance. Therefore,
this criterion has been met.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Yes. The subdivision review process remains essentially unchanged. The option for a
subdivision exemption requires preparation of an amended plat which conforms to all
requirements for a final plat. The minimum standards for a final plat are established by the
state administrative rules and municipal code. The requirement for the final plat document
provides a solid record of the creation of the individual dependent lots which will facilitate
lending, transfers of title, and support individual ownership of the property.
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3. Prevent the overcrowding of land.
Yes. As discussed in zoning criterion H, the allowed maximum density for cottage housing
does not significantly exceed that which could be done with other single detached homes.
Therefore, cottage housing developments will not overcrowd their sites.
There is no guarantee that a specific parcel can be developed at the maximum possible
density. A proposed cottage development must meet all required standards. Factors such as
the presence or absence of alleys, configuration of the primary parcel, location of water and
sewer mains, choice of parking arrangements, choice of home size and configuration will
influence the layout of the project.
4. Lessen congestion in the streets and highways.
Neutral. As noted above in several criteria the allowed density of homes is not unusual. The
subdivision review process will include review of street capacity. If deficiencies are
identified, the municipal code requires correction of the deficiency prior to construction of
homes.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. Cottage housing is subject to the same park requirements as other development. If a
cottage housing development is proposed through the standard subdivision review then park
land will be provided according to the requirements of article 38.27 of the municipal code. If
adequate park land was provided previously then additional park land is not required.
Zoning criterion E addresses light and air. Supply of other public services will be reviewed
and provided during the subdivision process.
The greatest challenge in providing water and sewer services will be due to the potentially
tight design. There are required separation between water and sewer mains and service lines.
Maintaining required separation may be challenging. If the primary parcel has sewer and
water mains in adjacent streets and individual building services can be extended from those
mains it will be simpler to provide services. All development has some limitation on its
maximum intensity. With the additional separated units allowed by cottage housing and
opportunity for unusual lot configurations there will be additional complexity in providing
services. This will be a limiting factor for some sites. However, there are multiple options for
how services can be provided. Therefore, this criterion can be satisfied.
6. Require development in harmony with the natural environment.
Neutral. The existing regulations regarding watercourse setbacks, wetlands, floodplains, and
other environmental standards will remain as presently written. No changes are proposed to
these regulations.
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7. Protect the rights of property owners.
Yes. Cottage housing is a new opportunity which is optional. The property owner must
choose to use it. This will protect the rights of owners of sites where cottage housing is
proposed. Adjacent owners will receive notice of proposed development. The mitigation and
design standards of subdivision review and cottage housing will prevent negative impacts
and enable participation in review processes.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Yes. If cottage housing is approved through the standard subdivision process a final plat will
be required which will comply with all recording and monumentation requirements. If a
subdivision exemption is used then an amended final plat will be required. Therefore, all
monumentation and recording requirements will be met.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Yes. The subdivision regulations retain the basic subdivision procedures and development
standards. These have previously been found to meet this criterion.
10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Neutral. The use of cottage housing will primarily occur within existing parcels. If new roads
are proposed they will be subject to the same design standards as roads in other development.
The standards of 38.24 and 38.23 establish standards for block sizing and roads which will
ensure coordination with other roads.
11. Dedication of land for roadways and for public utility easements.
Neutral. See responses for subdivision criterion 4, 5 and 10 and zoning criterion F. Public
utility easements are required for the extension of water and sewer mains. See section
38.23.060 for existing requirements. They have a minimum width and must remain
unencumbered in order to provide protection and functionality for the mains. Individual
service lines do not require easements. Easements for a single main or for two mains are 30
feet wide. Depending on the configuration of the primary lot this width may be a substantial
constraint on building layout and capability. This same influence on site design applies for all
development types.
Easements for private utilities such as power and telecommunications are required for all
subdivisions. The required minimum easements width is 10 feet. Typically these are placed
along the street frontage or alley frontage. Given the unusual lot configuration allowed by
cottage housing extra care will be required to provide easements in correct locations to
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provide service. Location of power and gas meters will need to be carefully coordinated to
prevent conflicts between homes or utilities. Consolidated service locations may be necessary
to meet building code requirements. Designers may need to be creative in design to respond
to the potentially tight confines of a cottage development.
12. Improvement of roads.
Neutral. If a subdivision exemption is applied then adequacy of roads has already been
evaluated with the underlying subdivision. If a formal subdivision submittal is made then the
standard mitigation of impact procedures of chapter 38, BMC apply. Use of the cottage
housing procedures will therefore have minimal impact on this element.
13. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. The standards for this subject are unaltered. Cottage housing must address park
dedication on the same basis as all other residential development. Internal circulation is
required and connectivity to adjacent streets, trails, and sidewalks is required as part of the
zoning standards applicable to cottage housing. See draft text section 38.22.240.I.4 and
existing regulation in article 38.27 and 38.24.
14. Adequate transportation, water and drainage.
Yes. See the response to subdivision criteria 4, 5, and 10 and zoning criteria D and F.
Stormwater controls generally applicable to all development will also apply to cottage
housing. Building codes require management of drainage as well. Determination of
compliance with these existing standards will be determined during development review.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The proposed cottage housing makes no changes to the existing regulations to
address these facilities. Per section 38.05.050, a subdivision must either obtain approval from
the Montana Department of Environmental Quality or certification from the City that
adequate sanitary services can be provided.
16. Avoidance or minimization of congestion.
Neutral. The analysis of motorized and active transportation capacity will occur during the
required subdivision review. See multiple responses on this topic above.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of nature hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Neutral. The City’s existing regulations prohibit development within areas which are unsafe.
See 38.23.010, especially paragraphs B and C. Other more detailed standards for floodplains
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and other environmental limits are contained in the municipal code. No changes to these
regulations are proposed.
APPENDIX A - PROJECT BACKGROUND AND ILLUSTRATIONS
Project Background: Bozeman has a long tradition of small home development. The
northeastern area of town especially was where most sized homes on smaller lots have been
developed over the decades. These homes have remained functional and an asset to the
community.
Nationally, there has been a significant increase in average home size in the past five
decades. Current average detached home size in Bozeman is approximately 2,400 square
feet. The City’s required minimum building size is that required by the building codes. Those
minimum standards are very small. A summary of building code standards is attached. It is
possible to have a three bedroom home which is less than 600 square feet.
At the same time home sizes are increasing the number of persons residing in each home has
substantially decreased. See Appendix B of the Bozeman Community Plan for detailed
discussion on changing demographics. The reduction in occupancy and increase in home size
has significantly raised the cost of housing per person.
An increasing number of small households have caused a mismatch between available
housing stock and needed housing. Economics has compounded the resulting challenges with
smaller households; especially those comprised an individual person, having less earning
power. There is a need to provide an additional inflow of smaller and less costly units.
Building industry representatives have asserted that land cost is a substantial factor in cost of
housing.
The proposed draft addresses both issues by allowing smaller lot sizes and restricting the
maximum size of homes. It should be noted that other jurisdictions experience with cottage
housing has not shown substantial cost reductions in the price per unit. This may be
attributable to higher quality interior finishes, scarcity of a desirable housing option, or other
factors influencing housing price. Other communities did not have a compulsory affordable
housing requirement as part of their cottage housing standards.
The process for affordable housing plans and cost factors are contained in article 38.43 of the
municipal code. The cottage housing ordinance relies upon that article for setting housing
price and other factors for affordable units.
Conversation with other jurisdictions has indicated that the careful evaluation and application
of details is essential in successful cottage housing.
Examples of application of standards and details:
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Homes of similar size demonstrating diversity in roof form, window styles, trim, color, and
details as required in draft text 38.22.240.G.13. Also show is difference of orientation to the
street. The house with white siding has the preferred orientation.
Local example of small home diversity of design, orientation, and height while maintaining a
coherent character.
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A short fence providing a visually open feel to a development while defining private space.
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Transitions from public (park and street) to private (yard and deck)
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Absence of front doors and porches addressing the street creates a feeling of isolation.
Porch entry facing street provides transition from public to private spaces and creates sense of
engagement with the street.
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Access from alleys can often make site layout easier but is not required. Access to water, sewer,
and private utilities will strongly affect how a site can be designed.
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This layout shows access coming from a street into a shared garage complex. The size of
individual garage structures is limited to prevent overwhelming adjacent property with a long
blank wall. Note the individual storage lockers built into the garage buildings. Internal walkways
are provided to connect throughout the site and to the public street.
A cottage development must have at least 4 units and not more than 24. A single cluster of
cottages must not exceed 12. As shown here, a street may divide a development. Compare the
size of the cars in the image to the size of the homes. Note the clustered garages which provide
one enclosed space per home. The remaining parking is provided primarily on street. This would
be allowed under the proposed draft. Please note that there are two different styles of common
open spaces in the two clusters of cottages.
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As shown in the three images above, cottage housing can be configured in many different
designs to fit well within the primary lot.
As noted under Appendix B, a preliminary draft was circulated for comment before a formal
draft was prepared for public hearings. Substantive changes between the two drafts include:
• Reorganization of sections for better logical flow.
• Revised requirement for provision of numbers of affordable units so that all cottage
housing projects must provide affordable housing regardless of the size of the project and
specifying how many unit must be provided.
• Revision to intent, goals, and creation of legislative findings.
• Revision to allowance to ask for changes to the standards included in the text. Placed
more direct limits on the scope and extent of changes which can be requested.
• Revised design standards for floor sizing, building height, and landscaping.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for a generally applicable amendment to the municipal code. Therefore,
the minimum required notice is publication in the newspaper. Notices were published on
June 5 and June 12, 2016. In addition to this notice, a notice of the proposed amendment as
well as the text of the amendment were posted on the City’s website.
Prior to preparation of the ordinance, the Community Development staff met with the
Community Affordable Housing Advisory Board, Zoning Commission, and Planning Board.
The meetings were to discuss the idea of cottage housing and solicit initial feedback which
would improve the ordinance draft. Staff also distributed copies of concepts to six
development representatives who had either worked on similar projects or who had expressed
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interest in this kind of development. A copy of both the conceptual draft and the ordinance
draft were provided to the Southwest Montana Building Industry Association as well.
Staff discussed the draft in person with several of the development representatives. Based
upon those discussion and input from city staff and advisory boards revisions were made to
the conceptual draft.
Staff has been working with local design professionals to apply the draft code to real sites in
the community as test cases. This has provided valuable insight into the opportunities and
limitations of the ordinance. Revisions and clarifications have been made based on this
feedback.
Comments regarding cottage housing were received as part of the overall public outreach for
the update of the Unified Development Ordinance. Comments were generally favorable.
Copies of the comments are attached.
APPENDIX C – APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Bozeman City Commission, PO Box 1230, Bozeman MT 59771
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
Minimal budgeted funds will immediately be expended for implementation of this text
amendment. Costs will be incurred for review of individual projects. Revenue will be obtained
by application fees. The time required for review of subdivision exemptions for cottage housing
will exceed the fees paid. The time required for review of formal subdivision applications and
associated fees will be more equal. Total balance of costs and revenues will depend on how
many of what type of review are submitted. We do not expect large numbers of these projects.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft of Ordinance 1952
Cottage housing information sheet from Bob Risk
Advisory board minutes will be attached after their meetings
Public Comments
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PO Box 1230 Bozeman, MT 59771
Phone: 406-582-2375
Cottage Housing Information Sheet
Applicable Building Codes;
• International Residential Code
• National Electrical Code
• Uniform Plumbing Code
• International Energy Conservation Code
• International Mechanical Code
• International Fuel Gas Code
Minimum Livability Standards as Specified by the International Residential Code.
I. Minimum Room Areas
a. Every dwelling unit shall have at least one habitable room that shall have not less than 120
square feet of gross floor area.
b. Other habitable rooms shall have a floor area of not less than 70 square feet.
c. Habitable rooms shall not be less than 7 feet in any horizontal dimension.
II. Height Effect on Room Area
a. Portions of a room with a sloping ceiling measuring less than 5 feet from the finish floor to the
finished ceiling shall not be considered as contributing to the minimum required habitable area
for that room.
III. Minimum Ceiling Height
a. Habitable space, hallways, bathrooms, toilet rooms, laundry rooms and portions of
basements containing these spaces shall have a ceiling height of not less than 7 feet.
Exceptions:
i. For rooms with sloped ceilings, at least 50 percent of the required floor area of the
room must have a ceiling height of at least 7 feet and no portion of the required floor area may have a ceiling height of less than 5 feet.
ii. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches. The ceiling height
above fixtures shall be such that the fixture is capable of being used for its intended
purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches above a minimum area 32 inches by 32 inches at the showerhead.
b. Basements; Portions of basements that do not contain habitable space, hallways,
bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches.
IV. Kitchens
a. Each dwelling unit shall be provided with a kitchen area and every kitchen area shall be provided with a sink.
b. Kitchens shall have a clear passageway of not less than 3 feet between counter fronts and
appliances or counter fronts and walls.
c. Kitchens are not required to be of a minimum floor area.
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V. Toilet Facilities
a. Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower.
i. Water closets shall have a minimum of 15 inch clearance from the center of the fixture to
the adjacent wall, cabinet or bathtub for a minimum overall opening of 30 inches.
ii. Water closets, lavatories and bathtubs shall have a minimum 21 inches clear passageway
between walls, cabinets and other fixtures including bathtubs on the approach side of
the fixture.
iii. Shower floor shall be a minimum 32 inches by 32 inches (1024 inch²) clear floor space.
iv. Shower unit shall have a minimum 30 inches clear passage way on the shower door side
of the unit.
b. Bathtub and shower floors and walls above bathtubs with installed shower heads and in
shower compartments shall be finished with a nonabsorbent surface. Such wall surfaces
shall extend to a height of not less than 6 feet above the floor.
VI. Fire Resistive Construction
a. Construction, projections and openings of exterior walls of dwellings and accessory buildings
shall comply with Table R302.1(1);
Exceptions;
i. Walls, projections and openings in walls perpendicular to the line used to determine the fire separation distance.
ii. Walls of dwellings and accessory structures located on the same lot.
iii. Detached tool sheds and storage sheds, playhouses and similar structures exempted
from permits are not required to provide wall protection based on location on the lot.
Projections beyond the exterior wall shall not extend over the lot line.
iv. Detached garages accessory to a dwelling located within 2 feet of a lot line are permitted to have roof eave projections not exceeding 4 inches
v. Foundation vents installed in compliance with the IRC are permitted.
Table R302.1(1)
EXTERIOR WALL ELEMENT MINIMUM
FIRE-RESISTANCE RATING
MINIMUM FIRE
SEPARATION DISTANCE
Walls
Fire-resistance rated 1 hour—tested in accordance with ASTM E 119 or UL 263 with exposure from both sides < 5 feet
Not fire-resistance
rated 0 hours ≥ 5 feet
Projections
Fire-resistance
rated 1 hour on the underside ≥ 2 feet to < 5 feet
Not fire-resistance rated 0 hours ≥ 5 feet
Openings in
walls
Not allowed N/A < 3 feet
25% maximum of
wall area 0 hours 3 feet
Unlimited 0 hours 5 feet
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ORDINANCE NO. 1952
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO AMEND CHAPTER 38, UNIFIED DEVELOPMENT CODE, TO ADD
SECTION 38.42.762 TO DEFINE COTTAGES, TO ADD SECTION 38.42.764 TO
DEFINE COTTAGE HOUSING SUBDIVISION, TO AMEND ARTICLES 38.08 AND
38.09 TO ALLOW COTTAGE HOUSING AS A USE IN RESIDENTIAL ZONING
DISTRICTS, TO AMEND SECTION 38.05.020 SUBDIVISION EXEMPTION
PROCEDURES TO ALLOW CREATION OF COTTAGE HOUSING SUBDIVISIONS
THROUGH A SUBDIVISION EXEMPTION PROCESS, TO AMEND SECTION
38.05.070 TO ESTABLISH CRITERIA FOR COTTAGE HOUSING SUBDIVISIONS AS
A SUBDIVISION EXEMPTION, AND TO ADD SECTION 38.22.240 TO ESTABLISH
STANDARDS AND PROCEDURES FOR COTTAGE HOUSING SUBDIVISIONS.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to regulate the subdivision of land to promote public health, safety and welfare and
otherwise execute the purposes of Sections 76-3-102 and 76-3-501, MCA; and
WHEREAS, The City is authorized by the City Charter and Montana law to adopt
zoning regulations and provide for the enforcement and administration of zoning regulations and
otherwise reasonably provide for the intentions of Section 76-2-304, MCA; and
WHEREAS, The City has had land development regulations since at least 1934 and has
amended them from time to time to respond to changes in state law and changing community
needs;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
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Legislative Findings:
1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the
development of the City in a manner which avoids conflicts, enables public notice of and
comment on development which may affect residents and land owners, and provide
predictability in government actions.
2. There are long-term and large scale demographic trends toward smaller household sizes
as shown by the 2010 US Census which found that 33.5% of all households in Bozeman
were comprised of an individual person.
3. Smaller households have less earning power as reflected in the US Department of
Housing and Urban Development household income figure.
4. Lot size and structure size are factors affecting the cost of housing.
5. A limited supply of affordable housing is a long standing concern for the City of
Bozeman and the City has taken financial and regulatory steps to encourage the provision
of housing attainable by persons with incomes below the area median.
6. Allowing alternative types of housing development may increase the supply of modestly
sized and priced homes and improve housing options for residents of Bozeman.
7. Cottage housing developments are presented with numerous spatial challenges that
require innovative design solutions. Regardless of spatial constraints, cottage housing
must strive for neighborhood compatibility while meeting all regulatory requirements,
such as parking and driveways, adequate trash and utility locations, adequate indoor and
outdoor living space, within the project site.
8. Challenges of site configuration and layout, access to transportation facilities, provision
of necessary and required public and private utilities, and compliance with all regulatory
standards may require development of cottage housing at less than the number of homes
allowed by lot area requirements.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.05.020.A to add a
new subparagraph to read as follows with the remainder of the section to remain as written:
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7. Divisions of one or more lots within a platted subdivision to create cottage lot
developments subject to 38.22.240 as authorized by MCA 76-3-203. This section is not
applicable to the development of condominiums. An amended plat of the original
subdivision showing the new dependent lots and all common lots must be filed and must comply with the uniform standards for final subdivision plats specified in
24.183.1107, ARM and as updated.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.05.070.A to add a
new subparagraph to read as follows with the remainder of the section to remain as written:
7. For lots within a platted subdivision, divisions made for the purpose of creating lots
subject to zoning regulations as cottage development and not recorded as condominiums. (MCA 76-3-203).
a. The proper use of the exemption is to create lots for cottage development in
compliance with 38.22.240. A restriction or requirement on the original platted lot
continues to apply to those areas.
b. An amended plat of the original subdivision showing the new dependent lots must be filed and must comply with the uniform standards for final subdivision plats specified in 24.183.1107, ARM and as updated.
Section 4
That the Bozeman Municipal Code be amended by revising Table 38.08.020 to add a new
subparagraph to read as follows with the remainder of the table to remain as written:
Table 38.08.020
Table of Residential Uses
Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O R-5 RMH
Cottage Housing - P P P P P P P
Section 5
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That the Bozeman Municipal Code be amended by revising Table 38.09.020 to add a new
subparagraph to read as follows with the remainder of the table to remain as written:
Table 38.09.020
Table of Uses Maximum Gross Building Area Authorized Uses
Cottage Housing P
Section 6
That the Bozeman Municipal Code be amended by creating Section 38.22.240 to read as
follows:
38.22.240. - Cottage housing subdivisions.
A. Purpose and intent.
1. The purpose of this section is to achieve the goals and objectives of the Land Use and
Housing chapters of Bozeman’s growth policy and the goals of the Inclusionary
Housing Ordinance, Article 38.43. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, clustered home sites, which are subject to
design standards. This housing development option encourages more efficient use of
land and energy
2. Cottage housing development regulations are to:
(a) Provide opportunities for creative, diverse and high quality infill and greenfield development that is compatible with existing neighborhoods.
(b) Support development of diverse housing in accordance with the growth policy;
(c) Increase the variety of housing types available within the community;
(d) Support the creation of neighborhoods with a mix of housing opportunities for mixed
incomes;
(e) Provide opportunities for small, detached cottages within existing neighborhoods;
and
(f) Support more efficient use of urban residential land;
B. Goals. Cottage housing developments are to achieve:
1. Increase housing supply and the choice of housing styles available in the community as encouraged by the growth policy;
2. Provide for development of housing that responds to changing demographics and
smaller-sized households;
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3. Support the efficient use of land and higher density infill in developed areas;
4. Promote housing affordability and greater choice by encouraging smaller and more
diverse home sizes;
5. Promote high-quality housing design to minimize impacts of more dense development on adjacent properties;
6. Allow flexibility in site and design standards while promoting infill projects compatible
with existing single-household developments;
7. Ensure cottage housing contributes to the overall character of residential areas;
8. Provide for centrally located and functional common open space that fosters a sense of community;
9. Provide for semi-private areas around individual cottages to enable diversity in
landscape design and foster a sense of ownership;
10. Minimize visual impacts of parking areas; and
11. Provide opportunities for creative, diverse and high quality developments compatible with existing neighborhoods.
C. Affordable housing applicability. The requirements of chapter 38 article 43, unless
specifically modified in this article, apply to all cottage housing subdivisions regardless of
the number of cottages proposed to be included in the development. Notwithstanding the
provisions of 38.43, a cottage housing subdivision must provide at least one lower-priced home, or three moderate-priced homes. A cottage housing subdivision may have more
affordable homes than the required minimum.
D. Cottage housing subdivisions.
1 Cottage housing developments involve the subdivision of a parcel of land, referred to
herein as the primary lot, into: a) dependent lots for individual dwellings, and b) private common area for the common use of the owners of the dependent lots.
2. The review procedures for cottage housing subdivisions are as follows:
a. For the creation of five or fewer lots, the provisions for approval of a first minor
subdivision apply.
b. For the creation of six or more lots, the provisions for approval of a major subdivision apply.
c.A cottage housing subdivision is exempt from subdivision review pursuant to
38.05.020.A.7, if
(1) The primary lot was previously reviewed as part of a subdivision;
(2) All public street, water, sewer, and stormwater infrastructure (excluding individual services to proposed lots and internal main extensions) is installed,
and
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(3) All park requirements applicable to the proposed density of dwellings have
been satisfied.
c. Cottage housing subdivisions meeting the requirements of 38.23.240.D.2.c must:
(1) Include notice to the public equal to that required for a site plan in Table 38.40.030; and
(2) The subdivision application is subject to review for acceptability and adequacy
pursuant to 38.19.090.
3. Requirements and restrictions.
a. The development as a whole must meet the development standards of this chapter applicable at the time the subdivision application is deemed adequate.
b. The primary lot must meet the size, length, width, frontage, and similar development
standards of this Chapter 38.
c. Homes on dependent lots do not need to meet lot size, lot coverage, lot
configuration, or setback requirements (except watercourse and overlay district) in chapter 38 except as in table 38.23.240.G-1. Private open space for each cottage
must be provided on the same lot as the cottage it serves and any structure must be
within the boundary of the dependent lot.
d. Lot subdivisions and subsequent platting actions, additions or modifications to the
structure(s) may not create or increase any nonconformity of the primary lot.
e. Notes on the conditions of approval page of the plat must include the restrictions
applicable to the dependent lots including but not limited to:
(1) The dependent lot is not a buildable lot independent of the primary lot and
associated cottage housing development;
(2) Additional development of the dependent lots may be limited as a result of the application of development standards applicable to the primary lot;
(3) Any and all restrictions that apply to the common open areas; and
(4) Permitted cottage square footages.
f. A cottage housing subdivision may use the concurrent construction provisions of
38.39.030.D without the requirement of a planned unit development.
g. Reciprocal joint use and maintenance agreements, for each dependent lot within the
primary lot, must be executed for access, use and maintenance of common garage or
parking areas, common open area and other similar features, and recorded with the
Gallatin County Clerk and Recorder’s Office along with the final plat.
h. A cottage housing subdivision must include establishment of a property owner’s association meeting the requirements of 38.38.020 and 38.38.030. The property
owner’s association must hold title to and maintain all common areas.
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i. Separation or use of a dependent lot in a manner contrary to the approved cottage
housing subdivision is a material modification of the project and subject to
38.01.070.
j. Installation of all required water and sewer mains and services, parking areas, and similar features must be completed and accepted by the City prior to recording of a
subdivision exemption if a subdivision exemption is used to create a cottage housing
subdivision; or the developer may enter into an improvements agreement to secure
the same work.
k. The following modifications require compliance with 38.01.070:
(1) Increasing the number of cottages;
(2) Altering the character of the development by relocating common spaces, adding
or removing common buildings, or changing the design of more than 20 percent
of the cottages;
(3) Increasing the floor area in one building by more than 10 percent;
(4) Changing access points to the primary lot;
(5) Moving buildings around on the site;
(6) Reducing the area of common open spaces by more than two percent; or
(7) Diminishing the effectiveness of perimeter buffers.
E. Density standards.
1. The following density standards apply to cottage housing subdivisions and replace those
listed in 38.08 and 38.09. A “cluster” refers to a group of cottages oriented toward a
common open area.
a. Up to two cottages may be built for each non-cottage single-household dwelling
allowed under the zoning applied to the property.
b. Existing single-household dwellings on the primary lot will count towards total
units. If the existing dwelling exceeds the maximum allowed gross floor area of a
cottage it counts as two cottages in determining maximum allowed density.
c. Minimum units per cottage cluster: four.
d. Maximum units per cottage cluster: 12.
e. Maximum units per cottage housing development: 24.
f. Cottage housing subdivisions must be spaced so that there are no more than a total
of 24 cottages within the area defined by a 500 foot radius from the geographic
center of a proposed cottage housing subdivision. The number of cottages within a
proposed development is included in the total allowed within the defined area.
g. Accessory dwelling units are not allowed within a cottage development.
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2. Existing dwellings. An existing detached single-household dwelling that is incorporated
into a cottage housing subdivision as a residence and which exceeds the standards of
this section may remain and will be counted as one or more of the allowed units.
However, the extent of the noncompliance may not be increased unless the proposed change is determined by the Review Authority to be consistent in character, scale and
design with the cottage housing development. Repair, maintenance and reconstruction
of a non-conforming dwelling are regulated by 38.32. An existing dwelling may be
replaced with cottage units consistent with this section.
F. Departures from the design standards in this section.
1. An applicant may request departures from the provisions of paragraphs G-I of this
section. Departures must be consistent with the purpose, intent and requirements of this
section.
2. The applicant must describe each requested departure and document in writing how the
departure is consistent with the purpose, intent and requirements of this section.
3. A departure may not exceed 10% of any numeric standard. A departure may not alter
procedural requirements. A departure may only apply to the application of standards
internal to the primary lot and not to standards applicable to the separation or interaction
of cottage housing to an adjacent parcel.
3. The review authority may approve a departure after documenting in writing that the departure is consistent with the intent, purpose and requirements of this chapter; and do
not threaten the public health, safety, or welfare.
G. Design standards.
The cottage housing option minimizes the required sizes of side, rear, and front yards on
dependent lots. As a result, small lots are ultimately shaped by building configuration. Designers should consider how the arrangement of interior space affects exterior massing
and how the configuration of building elements responds to adjacent buildings. Design
strategies incorporating neighborhood context include considerations of: building height
transitions, arrangement of buildings and open space, landscape elements, vehicular
driveways and pedestrian paths, and architectural details and scaling devices that breakdown the massing of the development. With reduced setback requirements and small lot areas,
providing access to air, light, and ventilation is more challenging than typical single
dwelling designs. Thus, architects and builders must take full advantage of the unique design
opportunities presented to them to create livable environments.
These design standards:
1. Ensure that cottage designs are based on a coherent architectural concept;
2. Ensure that the overall sizes of cottages are smaller and cause less visual impact than
standard sized single-household dwellings;
3. Ensure that cottages contribute positively to the architectural character of the
neighborhood;
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4. Provide flexibility in design and contrast among individual cottages while assuring
attention to design features and character; and
5. Provide variety in cottage housing developments through a mixture of building sizes
and footprints.
The following table establishes specific performance standards for development of cottages
and cottage housing. All cottage development must be evaluated against the standards
of this table.
Table 38.23.040.G-1
Standard Requirement
Minimum number of cottages with less
than 1,000 square feet gross floor area 25% of total cottages
Maximum number of cottage exceeding
1,200 square feet gross floor area 25% of total cottages
Maximum gross floor area per cottage 1,500 square feet
Maximum cottage footprint 1,000 square feet (includes attached garages)
Maximum size of 2nd floor 100% of gross floor area of 1st floor
Minimum floor area per cottage
Minimum livability standards as defined by
Chapter 3 of the International Residential Code.
Minimum common open space per cottage (See subsection H below for more info) 400 square feet
Minimum private open space per cottage (See subsection F.10 below for more info) 200 square feet
Maximum height for cottages 25 feet for two stories and 18 feet for single story cottages
Maximum dormer size Dormers greater than 40% of sidewall width in aggregate will be considered a floor
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Standard Requirement
Setbacks (to exterior property lines of primary lot)
See 38.08.050 or 38.09.030 as applicable; except that porches and steps may encroach up to five feet into a required
front yard setback.
Maximum height for accessory structures and community buildings 18 ft.
Minimum distance between detached structures (Including accessory
structures)
7 feet with allowed eave protrusion into the
required distance of up to 18 inches
Lot coverage
Allowed lot coverage within individual dependent lots – 100% so long as all
other standards are met.
Allowed lot coverage within primary lot – As otherwise restricted in this section
6. Cottage size. Area within a cottage which do not count toward the gross floor area or footprint calculations:
a. Interior spaces with a finished ceiling height of six feet or less, such as in a second
floor area under the slope of the roof;
b. Unheated storage space located under the ground floor of the cottage;
c. Attached unenclosed porches;
d. Detached garages;
e. Carports; or
f. Architectural projections (i.e., bay windows, fireplaces or utility closets) no greater
than 12 inches in depth and four feet in width.
7. Documentation of approved cottage size. The total approved square footage of a cottage must not be increased from its approved size by more than two percent. A note must be
placed on the conditions of approval sheet of the final plat stating this limitation for
each dependent lot and noting the approved size of the cottage for that dependent lot.
8. Roofs. A gable, hipped, or other sloped roof form is required. Non-sloped roofs may be considered as a departure. Dormers are allowed.
9. Orientation of cottages.
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a. Each cottage must be oriented toward a common open space, and not less than 60
percent of the units must abut the common open space.
b. Dependent lots in a cottage housing development are not required to abut a public
street. Lots not abutting a public street must provide legal and physical access from a public street to the dependent lot.
c. Each cottage abutting a public street (not including alleys) must have a secondary
entrance, porch, bay window, or other architectural enhancement oriented to the
public street.
d. Cottages must be oriented around and have the main entry from the common open space or from the public street;
10. Private open space. The private open space required in Table 38.22.240 must be
provided contiguous to each cottage and be contained within the boundary of the
dependent lot for the exclusive use of the cottage residents. Orientation of private open
spaces toward the common open space is required unless applicant demonstrates an alternative location provides a superior outcome for both the individual cottage and
cottage housing subdivision. The area of an unenclosed porch may be included in the
required private open space. Private open space must have no dimension less than 10
feet.
11. Basements. Cottages may have basements. In areas where groundwater is determined to be at a depth of less than 9 feet no basement is allowed.
12. Cottages located facing a public street. Cottages located facing a public street must
provide:
a. A covered entry feature (with a minimum dimension of 6 feet by 6 feet) visible from
the street;
b. At least 2 architectural details visible from the street, such as:
(1) Decorative lighting;
(2) Decorative trim;
(3) Special door details;
(4) Trellis or decorative building element; or
(5) Bay window.
(6) Alternative design treatments may be considered by the review authority on a
case by case basis.
13. Character and diversity. Cottages and accessory buildings within a cluster must be
designed within the same family of architectural styles.
a. Examples of unifying architectural elements include:
(1) Similar building/roof form and pitch;
(2) Similar siding materials;
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(3) Similar porch detailing; and
(4) Similar window trim.
b. Variety in building and site design. Cottage housing developments must avoid the
repetitive use of the same combination of building size, styles, features, and site design elements within an entire cottage housing subdivision and between adjacent
dwellings. Dwellings with the same combination of features and treatments must not
be located adjacent to each other.
c. Porches. Porches must create a visual and physical connectivity to the common open
space and to other cottages. Cottage porches must:
(1) Be unenclosed, covered;
(2) Surround or enclose the primary entrance to the cottage;
(3) B oriented toward a common open space or a public street; and
(4) Have at least 80 square feet in area with no horizontal dimension shorter than six
feet.
d. Façade transparency. Transparent windows and/or doors are required on the façades
of cottages facing a street and common open space. The area of the windows and
doors must be at least 10 percent of the area of the façade on which they are located.
14. Fence design standards. The standards of this paragraph are in addition to the standards
of 38.23.130.
a. Fencing and screening. The intent of internal decorative fencing and screening is to
delineate private yards and screen parking structures, community assets and cottage
walls. A cottage housing development must internally be an open community
sharing common areas.
b. Decorative fencing may be used for delineating private yards.
c. Fencing or shrubbery may be used to screen parking areas, community assets, and
cottage walls.
d. Dependent lot fencing and shrubbery may not exceed 36 inches in height, except
directly adjacent to a parking area.
H. Community assets.
1. Common open space. Yards and common areas serve a dual function, and therefore
deserve particular attention. They act as both habitable outdoor space for its owners and
as shared areas within the proposed development and the neighborhood. The yard is a
visual amenity to the development, neighborhood, and passers-by. Additionally, it
serves as a semi-transparent bridge between the private interior of the home and common areas. Landscaping should be visually interesting, sustainable, and relatively
easy to maintain.
The minimum common open space requirements set forth in this section are intended to
provide a sense of openness, visual relief, and community. Common open spaces
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provide much of the functions of required rear and front yards in 38.08 and 38.09.
Common open space must provide a centrally located, focal area for the cottage housing
subdivision.
a. The total common open space must be at least 1,600 square feet, regardless of the number of units in the cluster.
b. The required common open space may be divided into no more than two separate
areas per cluster.
c. To be included as part of the common open space requirement, a common area
must have minimum dimensions of 20 feet on all sides.
d. At least two sides of each common open space must have cottages along the
perimeter.
e. Common open space must comply with 38.42.630. However, the building
footprints of community buildings, excluding garages, are counted towards the
common open space requirements.
f. Landscaping requirements.
(1) All common open spaces must have landscaping as defined in 38.42.1530
except for those portions developed for play structures, common structures,
gardens or similar uses.
(2) All cottage housing developments must be designed to have a minimum of 160 square feet of tree canopy cover at maturity of the species selected for the
landscaping.
(3) The provisions of 38.26.060 do not apply to cottage housing subdivisions.
2. Community buildings.
a. Community buildings are permitted in cottage housing developments.
b. Community buildings must be clearly incidental in use and size to cottages.
c. Design must be similar to and compatible with the design of the cottages.
d. Other shared facilities could include tool sheds, gazebos, workshops, or similar
common elements.
3. Storage.
a. Storage closets for each cottage may be included as part of community buildings or
added to garages.
b. Storage for gardening supplies or similar shared items may be included as part of a
community building.
I. Access and parking.
1. Purpose. The intent of these access and parking standards is to minimize the visual
impact of vehicles and parking areas for residents of the cottage housing development
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and adjacent properties and to provide for adequate off-street parking for cottage
housing.
2. Off-Street parking.
a. No off-street parking space is required to be enclosed.
b. Garages may not exceed 125% of the minimum width or area required by Table
38.25.020 for a single vehicle.
c. Guest parking may be clustered with resident parking. Guest parking must be
clearly identified as reserved for visitors.
e. At least one stall of each parking type must meet the accessibility standards of the building code.
f. Enclosed garages may not be located on the façade of the cottage with the primary
entrance. Carports or unenclosed parking adjacent to a cottage may be on the
façade with the primary entrance.
3. Parking design. The intent of these parking design standards is to create unobtrusive parking, by screening parking structures and spaces from surrounding properties,
including screening by architectural design and/or vegetation, and by minimizing the
number of contiguous parking spaces.
a. Shared detached garage structures may not exceed four garage doors per building
and a total footprint of 1,200 square feet.
b. Parking must be separated from the common open space, adjacent properties, and
public streets by landscaping and/or architectural screening. Solid board fencing is
not allowed as an architectural screen. Exception: One parking structure may be
adjacent to the common open area, if the garage includes architectural features to
make it look consistent with the cottages and community buildings.
c. Parking, including garages, must be set back a minimum of 20 feet from a public
street.
d. The parking layout must be designed to minimize walking distance to cottages.
e. A sloped roof is required for all parking structures.
f. The design of garages and carports, including roof lines, must be similar to and compatible with that of the cottages within the cottage housing development.
g. Parking may be located between or adjacent to cottages or common garages, if it is
located toward the rear of the structure and is served by an alley or driveway.
h. Parking stalls, circulation areas, and related spaces must comply with 38.25. If
there is a conflict between the standards of 38.25 and this paragraph the provisions of this paragraph apply.
4. Walkways.
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a. A system of interior paved walkways must connect all cottages with each other, the
parking area, and the sidewalks abutting any public streets bordering the cottage
housing development.
b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width.
Section 7
That the Bozeman Municipal Code be amended by adding Section 38.41.180 to read as
follows:
38.41.180. - Submittal materials for cottage housing subdivision A. Applications for a cottage housing subdivision must be made on forms provided by the City
and include the following information.
1. An affordable housing plan per 38.43.080.
2. Applicable materials to review the development as either a subdivision or a subdivision
exemption as set forth in 38.03, 38.05, and 38.41.
3. Preliminary development plan. In addition to the above materials, the applicant must
provide all necessary information to demonstrate compliance with the applicable
standards of this chapter. These include but are not limited to:
a. A site plan of the proposed development drawn to scale, indicating property lines,
proposed setbacks, and lot coverage calculations;
b. The location of all adjacent structures, the distance to property lines, and the footprint
of any existing structures on the property with a note on which structures will remain;
c. The location, size, configuration, and dimensions of the lot(s) on which the cottage
housing subdivision will be developed;
d. The location and footprint for each cottage;
e. A depiction of individual cottage area that delineates the spacing around each cottage;
f. A delineation of the common areas;
g. The height and square footage of each cottage;
h. The parking locations, layout, circulation, ingress and egress;
i. The location, if applicable, of any buildings to be used in common;
j. The layout and dimensions of pedestrian circulation from the parking areas to the
cottages, and connecting the cottages;
k. Design illustrations that show, and a design checklist that lists, the design features
that constitute the required design elements for each cottage;
l. A depiction of the driveway access from a publicly maintained street to the cottage
housing development parking areas, with its dimensions;
m. A depiction and description of storm water facilities;
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n. A detailed description of how the proposed development is consistent and not in
conflict with the surrounding neighborhood character;
o. A detailed description of how the proposed development meets the purpose and goals
of this chapter and complies with all the criteria and project parameters for an cottage
housing development;
p. A detailed description of the proposed cottage type, including proposed square
footage, cottage mix, and number of bedrooms per cottage t;
q. General information about the site including the number of cottages allowed by the
zone and the number of proposed cottages, open space allowed and proposed,
impervious surface allowed and proposed, and building height allowed and proposed;
r. Draft of no build easements, cross access, joint use, and maintenance agreements and
Home Owner Association documents; and
s. Additional information as required by the application forms provided by the city or
deemed necessary by city staff to consider the application.
Section 8
That the Bozeman Municipal Code be amended by creating Section 38.42.762 to read as
follows:
38.42.762. - Cottage. “Cottage” means an individual small single-household dwelling that is
clustered with other similar cottages as part of a cottage housing subdivision.
Section 9
That the Bozeman Municipal Code be amended by creating Section 38.42.764 to read as
follows:
38.42.764. - Cottage housing. “Cottage housing” means clusters of cottages on individual
dependent lots arranged around common open space and developed as an integrated project on a primary lot and subject to the standards of 38.23.240.
Section 10
Repealer.
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All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall be codified as indicated in Section 2-9.
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Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________,
2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
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FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is __________, __, 2016.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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