HomeMy WebLinkAbout06-27-16 A5. Ord. 1952 - Cottage HousingPage 1 of 29
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 all residential zoning districts
except Residential Suburban, 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
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 21, 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
Zoning Commission and Planning Board ........................................................................... 4
Alternatives of the City Commission .................................................................................. 4
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 13
Section 76-3-102, MCA (Subdivision Purposes).............................................................. 14
Section 76-3-501, MCA (Subdivision Purposes).............................................................. 16
APPENDIX A - PROJECT BACKGROUND AND ILLUSTRATIONS .............................. 18
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 27
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 28
FISCAL EFFECTS ................................................................................................................. 28
ATTACHMENTS ................................................................................................................... 28
EXECUTIVE SUMMARY
Unresolved Issues
No specific issues have been identified.
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 (see article
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38.43, BMC). As part of that process the City Commission directed creation of an option for
innovative housing. The innovative housing option is to encourage the creation of affordable
housing within developments.
The proposed cottage housing enables a more flexible subdivision design process. As shown
and described in Appendix A and the text of the ordinance; non-standard lot sizes,
configurations, and in some circumstances review process is allowed. See Appendix A,
Illustrations G & H for lot layout examples.
The increased intensity of use and flexibility can create challenges due to tight conditions.
Attention to details during the design and execution of a cottage housing development is
essential.
The proposal was created to balance the benefits and interests between adjacent land owners,
the community as a whole, cottage housing developers, and eventual cottage housing owners.
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 requires site innovation. The allowed small scale and small lot sizes provide
a style of housing not found in standard subdivision design. The design standards address
details not normally seen during a subdivision review. Not all sites are able to successfully
meet cottage housing standards. Provision of infrastructure is a design constraint.
Cottage housing creates individual lots. Therefore, 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. Much less information is required with cottage housing than would be
submitted with a planned unit development.
The cottage housing proposal requires provision of affordable housing as defined in article
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. Affordable housing qualified
cottages may take advantage of the affordable housing incentives in 38.43.040. A summary
of the affordable housing price limits, income ranges, and incentives is attached. 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 in advance of
project review and demonstration of code compliance.
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This text amendment affects both zoning and subdivision regulations. Therefore, the analysis
of the amendment considers all criteria applicable to either process. As this is a draft
ordinance the Commission has discretion to modify the text as it deems necessary. The
Commission must make the determination whether the proposed ordinance is an
improvement for the land development regulations.
Zoning Commission and Planning Board
The Zoning Commission and Planning Board held their public hearing on June 21, 2016.
Two members of the public offered comment on the draft ordinance (see Appendix B for
details of the comments). After consideration, they recommended approval of the ordinance
as written.
The Zoning Commission and Planning Board agreed that the City should review the
effectiveness of the ordinance and complete necessary revisions after a period of time. The
members were concerned for the equitable timing of provision of affordable housing and
how it might affect the viability of individual projects. The mechanics of how affordable
housing plans were developed, implemented, and enforced were discussed. Many of these
items are addressed in 38.43.080.C. Discussion of the affect of affordable units on appraisals
was discussed. Staff will look into this issue.
The motion to recommend approval passed 3-1 for the Zoning Commission and 7-1 for the
Planning Board. Please see the attached minutes for more complete description of the public
hearing. The video recording of the meeting is available at
http://www.bozeman.net/Departments/Administration/City-Commission/Streaming-
Video/Archives.
Alternatives of the City Commission
1) Adopt the ordinance as presented;
2) Do not adopt the ordinance;
3) Direct revisions to the ordinance prior to adoption; or
4) Request additional information and continue discussion on the ordinance.
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SECTION 1 - MAP SERIES
Map of residential zones where cottage housing is authorized by Ordinance 1952.
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, 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 at the local and state
levels for separation of utility lines from each other and from structures. Access to such
services must remain intact. DRC noted that this is a design constraint on cottage housing.
The staff will continue to research how other communities have addressed this issue.
The Community Affordable Housing Board considered the ordinance at their June 8, 2016
meeting. After discussion, the Board recommended approval of the ordinance.
The Zoning Commission and Planning Board held a joint public hearing on this text
amendment on June 21, 2016 at 6 pm at 121 N. Rouse Avenue, Bozeman. Both advisory
boards recommend approval of the ordinance to the City Commission.
The City Commission will hold a public hearing on the amendment on June 27, 2016, 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.
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.
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Chapter 3 identifies seven land use principles which are the basis for the chapter. The cottage
housing proposal addresses three of those principles.
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 change or continued evolution of the community.
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.
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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
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.
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Goal H-3– Encourage an adequate supply of affordable housing and land for affordable
housing.
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, enabling smaller land areas and requiring smaller building sizes than typical
for detached homes and consistent with 38.43, BMC.
• 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 those 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
suppression or 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
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that individual cottage homes will be smaller and have fewer bedrooms than most detached
homes. This will reduce the number of required parking spaces.
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. Evaluation of overall traffic effects will occur during subdivision review either
previous too or in conjunction with the cottage housing proposal. This standard is no
different from other residential development.
G. Promotion of compatible urban growth.
Yes. The cottage housing model is for 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 are structured to
provide compatibility 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 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 lower
in height than adjacent attached housing.
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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
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 land owner wanted to create a subdivision with small lots within the RS
district 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 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
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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.
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 does 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 following image shows the primary lot (encompassing the entire development),
dependent lots (shown in lighter green with individual homes), and common spaces (shown
in dark green). The ability to average lot area, have non-standard lot proportions or shapes,
and provide services such as parking in common areas enables greater flexibility in designing
the dependent lots. As the dependent lots are reliant upon common spaces and the primary lot
to meet code requirements the dependent lots may not be separated from the overall cottage
housing development. This approach balances interests as required by the growth policy.
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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 both in the business community and government. 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 and 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 is allowed with other single detached homes.
Subdivision review and the cottage housing standards will ensure adequate provision of
utility services, parks, and open spaces and other elements necessary to support the 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, and 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 proposed allowed density of cottages 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 park land
will be provided according to the requirements of article 38.27 of the municipal code. If
adequate park land was provided previously, 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. Separation is required between water and sewer mains and service lines.
Maintaining required separation may be challenging. However, 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, optional opportunity implemented at the discretion of the
property owner. 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
complying with all recording and monumentation requirements will be required. If a
subdivision exemption is used, 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 and/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). More detailed standards for floodplains and
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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 was historically where most small sized homes on smaller sized
lots have been developed over the decades. These homes continue to be functional and an
asset to the community.
Nationally, there has been a significant increase in average home size in the past five
decades. The following chart from the US Census Bureau shows the trend of increasing sizes
in both attached and detached homes. Current average detached home size in Bozeman is
approximately 2,400
square feet. The City’s
required minimum
building size is derived
from the building codes.
The minimum standards
are very small. It is
possible to have a three
bedroom home which is
less than 600 square
feet. A summary of
building code standards
is attached.
As 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. A summary of the changes in persons per household in Bozeman is
shown in the chart below. The reduction in occupancy and increase in home size has
significantly raised the cost of housing per person.
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The increasing number of small households has caused a mismatch between available
housing stock and needed housing. The economy has compounded the resulting challenges
with smaller households, especially those comprised of an individual, having less than
median earning power. Cottage housing is one option to address these changing demographic
and economic circumstances.
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 specifications for affordable housing plans and sale prices are contained in section
38.43.080 of the municipal code. The cottage housing ordinance relies upon article 38.43 for
setting housing price and other factors for affordable units. That article is not being amended
with this ordinance.
Conversation with other jurisdictions has indicated that the careful evaluation and application
of the details of the design and development is essential in successful cottage housing.
Interest in options for smaller homes has been increasing nationally. Many cottage style
developments have been constructed with varying success. In drafting the standards of the
cottage housing ordinance Bozeman has learned from other’s experience.
Following are several web based resources describing issues and ideas and providing a
variety of home designs that would fit within cottage housing. The City does not endorse this
material. It is provided as an example of the growing set of resources that facilitate this type
of development.
2
3
4
5
1920 1940 1960 1980 2000 2010
Bozeman - Persons per Household
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http://www.pocket-neighborhoods.net/whatisaPN.html - Private website describing “pocket
neighborhoods.” This is a more holistic and theoretical look at how what Bozeman is calling
cottage housing is being carried out elsewhere.
http://rosschapin.com/plans/ – example of sources of architectural plans for small homes.
http://w.cusatocottages.com/selectaplan.php – example of sources of architectural plans for
small homes.
http://www.moserdesigngroup.com/ – example of sources of architectural plans for small homes.
Additional items are attached.
Examples of application of standards and details:
A) Homes of similar size demonstrating diversity in roof form, window style, trim, color, and
details as required in draft text 38.22.240.G.13. Also shown is difference of orientation to the
street. The house with white siding has the preferred orientation.
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B) Local example of small home diversity of design, orientation, and height while
maintaining a coherent character.
C) A short fence providing a visually open feel to a development while defining private space.
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D) Transitions from public (park and street) to private (yard and deck).
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E) Absence of front doors and porches addressing the street creates a feeling of isolation.
F) Porch entry facing street provides transition from public to private spaces and creates sense of
engagement with the street.
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G) 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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H) 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.
I) A cottage development must have at least four 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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J) As shown in the three images above, cottage housing can be configured in many different
designs to fit well within the primary lot.
K) Paragraph 38.22.240.G.8 requires a sloped roof as a default design element. As shown above,
there are many ways to meet this standard.
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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 units 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;
• Allowed additional porch encroachment on local streets.
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
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.
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Public Comments:
Two members of the public spoke in support of the ordinance at the public hearing before the
Zoning Commission and Planning Board. One member of the public suggested allowing the
required 400 square feet of open space to count towards the required park land dedication
requirements. One member of the public who was a professional architect and had been
working with the draft ordinance emphasized the importance of the areas between the
buildings in helping the projects be successful. He also addressed the importance of not
losing existing entitlements on property where cottage housing developments are proposed.
The Commission could choose to revise the park dedication requirements as requested by
public comment. This would require revisions to section 38.27.020 to be included in the
provisional ordinance. Alternatively, the Commission could choose to include any park
revisions as part of the larger UDO revisions now in process.
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.
Provisional Ordinance 1952
Cottage housing information sheet from Bob Risk, Chief Building Official
Advisory board minutes from CAHAB, Zoning Commission, and Planning Board
Current affordable housing summary sheet
Current text of article 38.43 affordable housing, BMC
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Evolution Cottage work sheet
Public Comments
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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 annual US Department of
Housing and Urban Development household income figures.
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, and 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, and 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 38.22.240.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 Chapter 38.
c. Homes on dependent lots do not need to meet the lot size, lot coverage, lot
configuration, or setback requirements (except watercourse and overlay district) in chapter 38 except as in table 38.22.240.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 which meets 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. If a subdivision exemption is used to create a cottage housing subdivision, 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 the
subdivision exemption; 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 the total number of cottages
within the area defined by a 500-foot radius from the geographic center of a
proposed cottage housing subdivision is no more than 24. 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 percent 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 break down 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 38.22.040.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 information) 400 square feet
Minimum private open space per
cottage (See subsection F.10 below for more information) 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 feet
Minimum distance between detached structures (including accessory
structures)
Seven 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. Areas 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.
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.
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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.G-1 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 nine 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 six feet by six feet) visible
from the street;
b. At least two 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, which 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;
(3) Similar porch detailing; and
(4) Similar window trim.
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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) Be 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 38.22.130.
a. Fencing and screening. The intent of internal decorative fencing and screening is to
delineate private yards and to 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 both as habitable outdoor space for 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
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.
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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 per dwelling 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
and adjacent properties and to provide for adequate off-street parking for cottage housing.
2. Off-Street parking.
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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.
d. At least one stall of each parking type must meet the accessibility standards of the
building code.
e. 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.
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.
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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 the individual dependent lot that delineates the cottage footprint and
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;
n. A detailed description of how the proposed development is consistent and not in
conflict with the surrounding neighborhood character;
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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 a cottage
housing development;
p. A detailed description of the proposed cottage type, including proposed square
footage, cottage mix, and number of bedrooms per cottage;
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 38.22.240.
Section 10
Repealer.
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
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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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Ordinance 1952 – June 21, 2016 draft Page 18 of 19
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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Ordinance 1952 – June 21, 2016 draft Page 19 of 19
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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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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City Planning Board and Zoning Commission
Tuesday, June 21, 2016 6:00 PM
City Commission Chamber – 121 N. Rouse Ave.
A. Call meeting to order – Zoning Commission Only
Dan Stevenson – Present
Erik Garberg – Present
Julien Morice – Present
George Thompson – Present
Chris Mehl – Commission Liasion - Present
B. 06:04:25 PMChanges to the Agenda – No changes to the agenda.
C. 06:04:30 PM Public Comment –No Public Comment.
D. Action Items - 06:04:45 PM
1. Simmental Zone Map Amendment, Application 16206 (WerBell)
Recommended Motion: Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 16206 and move to recommend approval of the Simmental Zone
Map Amendment, with contingencies required to complete the application processing.
06:05:00 PM Mitch Werbell enters his staff report into the record and begins presentation on
the Simmetal Zone Map Amendment.
06:09:15 PM Questions for staff.
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06:09:25 PM Chris Mehl questions if there’s any more information on the connectivity concerns
from engineering. Mr. Werbell responds in detail.
06:10:39 PM Applicant Brianna Baker from Madison Engineering begins short presentation on
the project.
06:11:23 PM Questions for applicant
George Thompson questions the connectivity issue. Applicant responds that they would need to
do a traffic study.
Board discusses if connectivity impacts decision regarding connectivity.
06:13:09 PM Public Comment for Simmental – No public comment.
06:13:22 PM Julien Morice moves: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application 16206 and move to recommend approval
of the Simmental Zone Map Ammendment, with contingencies required to complete the
application processing.
Second by Dan Stevenson
06:14:01 PM Mr. Morice states that he supports the change because it seems to support the
goals long term and mirrors what everyone wants.
Mr. Garberg states he feels the discussion was largely completed when this project last came to
the board, so it’s an easy decision.
06:14:48 PM Board approves unanimously.
06:15:02 PM Board takes a recess while we wait for the other planning board members to
arrive.
E. 06:34:37 PM Call meeting to order – Bring Planning Board to Order
Brianne Dugan – Present
Henry Happel - Present
Dan Stevenson – Present
Chris Mehl – Present
Erik Garberg – Present
George Thompson – Present
Paul Spitler – Present
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Julien Morice – Present
Laura Waterton – Present
Jerry Pape - Present
1. Amend the Bozeman Municipal Code to create a cottage housing residential
type. 06:35:53 PM
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
06:36:03 PM – Chris Saunders begins presentation of the cottage housing ordinance.
Mr. Saunders states that there has been no formal public comment on the ordinance
specifically. But they have received comments in conjunction with the UDC update.
Mr. Saunders indicates that homes are increasing as number of individuals per household is
decreasing.
06:39:54 PM Mr. Saunders states that we are on the cusp of a trend for a demand smaller
homes.
06:41:08 PM Mr. Saunders states that we are creating a variation on single family homes and it
is completely optional to do it. However, if developers opt for cottage housing, there is a
requirement to include affordable housing.
06:42:38 PM Mr. Saunders explains definition of “cottage” and “cottage housing”.
06:42:59 PM Mr. Saunders stated that they are proposing these in all residential districts, except
in residential suburban districts. Continues to explains why it is not included in RS.
06:44:05 PM Mr. Saunders states that there are some projects in town that look similar to
cottage housing, but not exactly. They were all developed as condominiums and provides
images of these examples from town.
06:45:41 PM Mr. Saunders explains that the benefit of not developing these as condominiums is
that home ownership for fee-simple properties is easier.
06:46:23 PM Mr. Saunders discusses primary and dependent lots.
06:48:28 PM Mr. Saunders discusses how Cottage Housing mirrors other subdivisions.
Mr. Saunders explains building code requirements that get us to minimum square footage for a
home in Bozeman.
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06:50:52 PM Mr. Saunders discusses the unique elements to Cottage Housing that differ from
other subdivisions. Expedited review, individual ownership (not condominium), design
standards, concurrent construction with infrastructure, dwelling size restrictions (max house
size), has a subdivision exemption option and requires affordable housing.
06:54:13 PM Mr. Saunders discusses design standards and provides layout examples.
06:56:04 PM Mr. Saunders states attention to detail makes or breaks the projects. Details on
home appearance and how the homes interact with one another. Provides examples of types of
designs they are trying to avoid and samples of ideal cottage housing groups.
06:58:17 PM Mr. Saunders discusses the affordable house requirement.
06:59:22 PM Mr. Saunders explains the review process differences for these types of projects.
Mr. Saunders indicates there are departures from the requirements that they will consider.
07:00:22 PM Mr. Saunders states that the design standards is the most detailed portion of the
ordinance.
07:00:47 PM Mr. Saunders states that cottage housing is an allowance, it is not requires and not
guaranteed. It is largely design dependent – you must be able to make it work within the
requirements.
07:01:41 PM Mr. Saunders discusses the Criteria of Evaluation.
Staff believes this could be a positive thing for the community and like that it offers more
options for developers.
07:03:40 PM Mr. Saunders states that there has been an architect who is developing a test site
and it has helped to develop the text of the ordinance.
07:05:16 PM Questions for staff
George Thompson questions the required number of affordable units required. Mr. Saunders
responds that the ordinance was designed for the affordable housing initiatives. There is a
minimum of 4 homes for a cottage housing cluster and at least one of those needs to be
affordable.
Mr. Thompson questions if the other homes would be subsidizing the affordable home. Mr.
Saunders explains that may not necessarily be the case.
Mr. Thompson states that we have a common open space between all the units, so he questions
if there was any thought given to reducing park land requirements. Mr. Saunders responds that
part of the affordable housing ordinance, developers already do get a discount on how much
parkland is required. Mr. Saunders responds.
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07:11:50 PM Mr. Thompson questions how many homes have been built at the minimum home
size to date. Mr. Saunders responds that no homes have been built to that size. The minimum is
just a minimum. Home size should be consumer driven.
Mr. Saunders states that this is a tool to allow for alternatives for special situations without
invoking a number of variances, etc. to make a project work.
07:14:32 PM Mr. Thompson states that between 4 and 10 units on a cottage housing project,
you must provide at least one affordable unit. Mr. Saunders explains that it is between 1 and 3
units – 1 at 70% AMI or 3 at 90%.
Mr. Saunders explains that the homes do not need to be the same, they just need to be similar
on the exterior to mix with the surrounding homes.
Board continues to discuss what is or is not allowed with regards to difference between the
market price home and affordable units.
07:17:20 PM Mr. Thompson questions if this ordinance would have a larger impact on the
middle class if we removed the affordable housing component. Mr. Saunders states that these
units are usually upper end units – they maintain high costs.
07:18:43 PM Mr. Pape states that he feels this is great work and innovative. He discusses the
problems regarding financing availability for condominiums. Mr. Pape provides an example
within the town that is a good example of this.
Mr. Pape states that he is concerned with the availability of financing for these units – bankers
he works with will likely not approve this project. He states that holding up the affordable
pricing of this will impact the pricing of the other units. Mr. Pape states that we need to
determine if anyone would lend on this.
07:22:08 PM Mr. Pape questions how this would have impacted projects in the past. Mr.
Saunders responds in detail.
Mr. Pape states that it would be essential to explore the financing available and the
ramifications of making the builder go down the path of affordability.
07:24:18 PM Dan Stevenson questions if Jerry Pape was implying that the first unit would be
required to be the affordable unit. Mr. Pape responds.
Mr. Stevenson states that it would be ideal to present the affordable unit last to avoid any
appraisal issues at the time of sale. Mr Pape agrees that would be ideal.
07:28:08 PM Mr. Garberg states that the affordable housing portion is outside of the purview of
the board. Mr. Pape responds that he still doesn’t want to approve anything with some hidden
challenges.
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07:29:08 PM Mr. Stevenson questions fire department access. Mr. Saunders states that’s why
design is key – they have to meet fire access codes.
07:30:54 PM Mr. Pape states that this will also bring up insurance questions. Mr. Saunders
states that the spacing requirements were there to allow for fire standards and that if the units
got closer together, then they would need to do fire rating, etc.
07:32:20 PM Paul Spitler would like more information on what about the ordinance is needed.
What problems do the code have. Mr. Saunders responds it would allow fee-simple lending, in
addition, the current code requires certain lot sizes which implies larger homes. This allows for a
coordinated design to allow for smaller lots and smaller homes, so more flexibility.
Mr. Garberg states it is also a more defined approval path.
07:34:59 PM Mr. Mehl questions the amount of time saved for this process instead of a minor
subdivision. Mr. Saunders states that it will save 2.5-3 months – but up to 1 year if you require
subdivision exemption.
07:36:23 PM Mr. Mehl questions why they are requiring an HOA. Mr. Saunders responds that
there is a requirement for public open space and someone needs to manage and hold
ownership of that – that is the HOA.
07:37:15 PM Mr. Mehl questions the set back requirements. Mr. Saunders responds that there
are two sets of setback requirements. There are primary lots and dependent lots which require
different setbacks.
07:39:17 PM Mr. Mehl question the roof standards and why a pitched roof is required. Mr.
Saunders responds there is an increase of flat roofs being presented. He states it has to do with
neighborhood feel. In addition, it will impact the massing of the buildings.
07:41:57 PM Laura Waterton questions if you could combine multiple lots in an existing
subdivision and still go through the subdivision exemption process. He states you could bring
them forward for this, but when platted, it will remove the original lot lines.
Mr. Morice questions firewall requirements and if there are issues with the roof hanging over lot
lines.
Mr. Saunders responds that they have run the firewall requirements by the building division and
that’s where the requirement comes from.
He states that with regards to the roof the concerns they’ve addressed is that there will be
cooperation between homeowners that would allow for shared space between homes. Also,
drainage, someone is paying attention to the project as a whole which would account for all
drainage. Clarification that foundation wouldn’t be on the lot line, the widest part of the
building would be on the lot line.
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07:46:47 PM Mr. Pape states that he feels these ideas will work, but he has seen these types of
exploratory projects fail. He would like to know if there were provisions for amending the code
quickly to refine the ordinance more quickly. Mr. Saunders responds that we could design this
with an expiration date that needs to be renewed if it is successful and others want to be
renewed. Mr. Saunders states other than that, it would require an ordinance to amend it.
07:50:05 PM Open for Public Comment.
07:50:28 PM Luke Howard – SWMBA – He feels that the second draft has addressed a lot of the
issues presented initially. He agrees with Chris Saunders, that it would require the design
community to be creative with their design. He states that the open space should be counted
toward their park land dedication. He said he understands Jerry Pape’s concerns with regards to
financing. He feels there are developers who may come from out of state with links to out of
state bankers who are more comfortable with these types of loans. He states that with building
approving the design, that there shouldn’t be a huge concern with getting insurance. He states
there is a demand for these smaller homes on smaller lots. He feels this reflects the spirit of
cottage housing and diversity for Bozeman.
07:55:00 PM Ben Lloyd – CommaQ Architecture – He feels it’s another tool in your tool box for
good design. It allows designers more options. He states that he feels it’s innovative because of
the space between the homes. He states that it provides transitional space between zones. He
states that with regards to affordability, it becomes more affordable to provide a smaller
affordable home than a large affordable home, if subsidizing through the other homes.
07:58:20 PM Mr. Garberg states that he thinks they have used the “cottage housing” title
because there are other aspects of innovative that they may try to explore.
07:58:44 PM Close public comment.
07:58:49 PM George Thompson makes a motion for the planning board and zoning
commission: Having reviewed and considered the proposed ordinance, public comment, and
all the information presented in the staff report for application 16146 and move to
recommend adoption of Ordinance 1952.
Jerry Pape Seconds for planning board
Julien Morice Seconds for zoning commission
Mr. Thompson speaks to his motion. That it he appreciates the design requirements. He is
challenged by the affordable housing requirements and the 800 sq ft minimum. He feels home
ownership is not a right, it’s a privilege, if you’re not in a position to own a home, then the cost
could burden you.
08:02:43 PM Mr. Morice states he likes this. He agrees it is another tool in the tool box. He said
most of his concerns have been addressed. He states that the appraisal portion concerns him, so
383
maybe the affordable home should be the smaller unit, or else it may drag down the cost. He is
concerned about with resale price. He questions if there is these could all be rentals or if there is
homeowner occupied requirements. He thinks it is potentially a great program. He feels it would
be nice to do this as not an affordable option as well. He would also like to see it tested at first
and see how it looks after making changes through a few samples.
08:06:35 PM Jerry Pape states that talking to an appraiser would be a good idea. He states that
designating an affordable unit would be helpful. He feels the City should give the planner the
ability to work backwards and refine what was written before it goes into final approval. He
feels he supports this because the findings are there. He thinks there are projects like this
already available in town that are similar.
08:08:43 PM Henry Happel states that he will support the motion. He likes that we’re expanding
the development types available. He states that he likes that we were able to look at other
communities that have developed this in the past to build our plan on. He feels the planners
have thought through many of the issues. He states that he suspects there will be areas that
need revision and hopes we bring forward those amendments for approval.
08:10:14 PM Mr. Garberg states that he would go to 20% and not limit it to 10% for affordable
housing. He feels the City needs to be involved in the management of these in some way. He
feels attached garages shouldn’t be included toward total square footage. He is concerned with
the roof requirements as
08:11:58 PM
Planning Board Vote:
In Favor: Henry Happel, Chris Mehl, Jerry Pape, Laura Waterton, Brianne Dugan, Paul Spittler
Against: George Thompson
Motion Passes
Zoning Commission Vote:
In favor: Erik Garberg, Julien Morice, Dan Stevenson
Against: George Thompson
Motion Passes
F. FYI/Discussion 08:13:20 PM
Mr. Saunders informs the board about the strategic plan update taking place.
384
08:14:00 PM Mr. Saunders informed the board that Montana Department of Transportation is
looking for input for their transportation plan update.
G. 08:17:05 PM Adjournment
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the first and third Tuesday of the month at 7:00pm
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our Interim ADA coordinator, Chuck Winn at 582-2307 (TDD 582-2301).
385
Community Affordable Housing Advisory Board
Wednesday, May 11, 8:00am, City Commission Chamber – 121 N. Rouse
Ave.
A. 08:04:24 AM Call meeting to order
David Magistrelli – present
Sharon Southard – Present
Melvin Howe – Present
Kevin Thane – Present
Mary Martin – Present
Sean Maloney - Present
Anders Lewendal – Present
Hattie Baker – Present
Brian Lameres – Present
Wendy Thomas – Present
B. 08:04:37 AM Changes to the Agenda – no changes to the agenda
C. 08:04:40 AM Public Comment
Heather Grenier – HRDC – 32 S. Tracey – Stated that they have received interest in the affordable
housing program. Currently they have received applications from 200 households. They are running all
of the numbers currently 50% of the people who have applied can fit in the 80-100% AMI price range.
Stated they have been given the opportunity to purchase 75 homes from the Bachin. Looks to be about
$30,000 each.
08:07:22 AM No additional public comment.
D. 08:07:31 AM Minutes – March 9 and April 13, 2016
David Magistrelli moves to approve the minutes – second by Kevin Thane
386
Board approves unanimously.
E. Special Presentation – Introduction of new staff (Thomas) – moved to
later as staff was not present.
G. 08:08:28 AM Action Items
1. Cottage Housing Program (Saunders/Thomas)
08:08:39 AM Chris Saunders begins presentation of the Cottage Housing Ordinance. Beginning with
background of Cottage Housing Program.
Chris Saunders provides the demographics of people living in Bozeman.
08:13:07 AM Mr. Saunders begins explaining what Cottage Housing is and provided some examples of
cottage-style housing currently in the City and outside of the City.
08:19:20 AM Mr. Saunders begins discussing the approval process for these types of projects.
Mr. Saunders begins explaining how the lots are distributed with Independent lots and Dependent lots.
The flexibility with lot size and orientation. The flexibility with the lot dimensions will require additional
design standards. There will be no price restrictions on the units. You can double the density in a district
using the cottage housing ordinance.
08:26:12 AM Mr. Saunders gives examples of what the goals are and are not.
Mr. Saunders states that you can request modifications to any of the standards currently in place.
Mr. Saunders discusses square foot requirements.
08:29:13 AM Mr. Saunders discusses density requirements and the requirement of a percentage of
affordable housing mixed in.
08:30:45 AM Mr. Saunders discusses parking requirements.
08:32:11 AM Mr. Saunders discusses amendments to the code that will be a result of this.
08:32:33 AM Mr. Saunders discusses the challenges with this program.
08:35:30 AM Mr. Saunders end presentation.
08:35:38 AM Open to questions for staff
Mr. Thane states that as it is written it’s targeting affordable housing. He questions if we can change it
to not tie it to affordable housing. Mr. Saunders states that they could make it not tied to affordable
housing, but that it was specifically presented to target affordable housing, so they will keep it tied to it.
387
Mr. Thane states that the goals are written in a restrictive way – and questions if they could change it to
make it less restrictive. Mr. Saunders states that they could change the wording to make it more
attractive, but it needs to be clear that there are standards that need to be upheld.
08:38:15 AM Mr. Thane states he will be submitting some written suggestions to Mr. Saunders.
Mr. Thane states that if this is targeted to affordable housing, there are a number of requirements that
make the program less affordable.
08:41:41 AM Hattie Baker questions if the cottage houses will qualify as condos or single family homes.
Mr. Saunders explains difference between condos and fee simple homes.
Hattie Baker questions what process is in place for informing developers of what is available in terms of
incentives for affordable housing. Mr. Saunders states that typically when developers come to us, they
have a project planned. Instead the City pushes information out to organizations to let them know what
options are available.
08:43:38 AM Sharon Southard questions how the common areas are owned. Mr. Saunders explains in
details.
08:45:10 AM Anders Lewendal states that he feels this would be a good addition to the code. He states
if 33% of the community wants to live alone, then it seems like a nice option to hit all price points. Mr.
Saunders explains that these would be available at any price point. A max of 30% will be required at
affordable price points.
Mr. Lewendal states that he feels like this is a design guideline – he thinks that there should be more
flexibility for creativity. He also question why we can’t build smaller units – there is an interest in smaller
units. Mr. Saunders responds that there is flexibility for smaller homes.
Mary Martin states that she would encourage creativity, but doesn’t want someone to drive down the
street and say “oh that’s the affordable home”.
Mr. Maloney questions what the minimum square footage would be. Mr. Saunders responds in detail.
08:51:00 AM Kevin Thane questions if there is flexibility with lot size. Mr. Saunders responds in detail.
Kevin Thane questions if there is a procedure in place for requesting exemptions from the standards.
Mr. Saunders explains the process.
Kevin Thane questions the language regarding infrastructure being set in place. Mr. Saunders explains
the infrastructure component and why it’s required to be set in place. Discussion between Mr. Thane
and Mr. Saunders regarding infrastructure.
08:56:07 AM Anders Lewendal questions why they decided not to use condominiums. Mr. Saunders
responds. Discussion between Mr. Lewendal and Mr. Saunders regarding fee simple vs. condominium
ownership.
388
Board continues discussion regarding condominium and fee simple ownership and affordability.
09:03:00 AM Mr. Thane questions if Mr. Saunders could provide the slide show presented today to the
board to review.
09:03:24 AM Lucy Pope – Alliance for Building Communities – States that she is encouraged by the
conversation about options. States that we should consider tying land and home ownership together.
09:05:24 AM Brian Geyer – HRDC – 32 S. Tracey questions if this only applies to R2 and R3 due to the
restrictions on number of units per lot. Mr. Saunders states that it is allowable in R1, and you would
need to aggregate enough land to make this allowable.
09:07:13 AM Mr. Lewendal questions coops per Lucy Pope’s comment. Mr. Saunders responds.
09:08:53 AM Brought back up to the board for motion discussion and vote.
David Magistrelli moves to recommend approval of the cottage housing ordinance to the City
Commission.
Mary Martin seconds.
Kevin Thane recommends that they amend the motion to include all housing, not direct it at affordable
housing only.
Melvin Howe seconds the amended motion.
Mr. Lewendal states that he supports affordable housing, but agrees with Kevin Thane.
Mary Martin states that she supports the ordinance as it stands. It’s a plan to address affordable housing
and it should stay.
Sharon Southard states that if you don’t leave that in there, you will have cottage houses at $400-
$500,000.
Kevin Thane states that is fine. You will have the requirement for affordable housing under the
affordable housing ordinance, but this will leave the option open for more
Vote on the amendment to the motion:
Melvin Howe, Kevin Thane, Anders Lewendal Approve
Sharon Southard, David Magistrelli, Sean Maloney, Mary Martin and Brian Lameres oppose.
Vote on the main motion
Kevin Thane opposes all other approve.
Main motion passes.
389
2. 09:18:19 AM City land on which affordable housing could be placed (Thane)
Board discusses whether they should move this to the next meeting given time constraints on the
meeting.
Board agrees to table the discussion.
09:19:01 AM Open to public comment – no public comment.
09:19:11 AM David Magistrelli suggests making it the first item on the agenda next month.
H. 09:19:32 AM FYI/Discussion
1. 09:19:40 AM Location of meetings after July, 2016 (Thomas)
Wendy Thomas advises the board that the meetings will be moved in August due to room conflicts.
2. 09:20:38 AM Small House Discussion with HRDC (Lewendal)
Mr. Lewendal informs the board on his discussion with HRDC the previous evening. He stated he would
like to address smaller homes.
09:23:18 AM Wendy Thomas introduces the board to Mayana Rice who will be the new staff liaison for
the board.
09:24:30 AM Mayana Rice provides a little background about herself.
I. 09:25:08 AM Adjournment – 9:30
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the second Wednesday of the month at 8:00am
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
390
Community Affordable Housing Advisory Board
Wednesday, June 8, 2016 8:00am, City Commission Chamber – 121 N.
Rouse Ave.
A. 08:06:07 AM Call meeting to order
Mary Martin – Present
Sharon Southard – Present
Sean Mallony – Present
Kevin Thane – Present
I-Ho Pomeroy – Present
David Magistrelli – Present
Anders Lewendal – Present
Hattie Baker – Present
Brian Lameres – Present
Wendy Thomas - Present
B. 08:06:10 AMChanges to the Agenda – no changes to the agenda
C. 08:06:23 AM Public Comment – No public comment
D. 08:06:36 AMMinutes – May 11, 2016
David Magistrelli moves to approve.
Kevin Thane seconds
Board approves unanimously.
E. 08:07:06 AM Action Items
1. City land on which affordable housing could be placed (Thane)
Recommended motion: I move to recommend that CAHAB begins preparing a list of
City-owned land parcels which could be used for Affordable Housing to present to the
City Commission.
391
08:07:44 AM Kevin Thane begins overview of proposal to use city-owned land for
affordable housing. Types of land that he explored and how he determined what may be
available.
08:13:20 AM Kevin Thane begins to display maps of example pieces of land and propose
how to use them differently to allow for use of affordable housing.
08:18:31 AM Kevin Thane states that he feels if we can alleviate the cost of land this
would allow for more affordable housing. By thinking more creatively about how we use
City owned land, we can open some of these city holdings for affordable housing.
He suggested using the cemetery withholding which won’t be used for 100 years to put
temporary 1 and 2 bedroom structures on them. He recognizes the hurdles in place with
this – in terms of regulations – but that it could be something the city finds a
compromise on.
08:23:16 AM Kevin Thane concludes his presentation on the action item and opens it up
for questions from the board.
08:23:38 AM I-Ho Pomeroy questions Wendy Thomas about what would be required to
get the temporary structures on the cemetery. Wendy Thomas responds that homes
need to be anchored, either with a foundation or a tie-down.
08:25:29 AM Kevin Thane clarifies that they are not trailers, they are pre-fabricated
homes.
I-Ho Pomery questions what Wendy Thomas thinks about leasing the land. Wendy
Thomas states it would require us to explore how the land was gifted to the City. It was
her understanding that it was given as open space and cemetery use. But more
specifically we need to consider infrastructure and how it will be placed and who will be
responsible for them. Also, what happens when the lease is up.
I-Ho Pomery states that it’s near the hospital, so infrastructure may not be difficult to
get there. She questions if Wendy feels this is possible.
Wendy Thomas states that anything is possible, but there are a lot of questions to ask to
put this in place.
08:31:42 AM I-Ho Pomeroy questions is HRDC knows how long the City would have to
make a decision on this.
08:31:56 AM Heather Grenier from HRDC states that they have signed the contract for
sale of the 75 units. She states that they have 90 days to move the units and HRDC will
carry the cost until they get placed.
392
She states that if federal funding was used, they would tie the lease to the contract for
affordability – which would be 20-40 years.
Kevin Thane states that HRDC has a backup plan in case there is no land available, but if
there is land available in Bozeman, that would take priority based on the need in
Bozeman.
08:34:28 AM I-Ho Pomeroy confirms that we have 90 days and questions Wendy
Thomas if 90 days is enough time.
Wendy Thomas responds that in the time frame, there would need to be infrastructure
set in place and lease constructed, etc. She is not sure that 3 months is enough time to
even get a contract.
Heather Grenier states that she understands that 3 months is a short time frame.
08:37:31 AM Anders Lewendal questions if the units could be placed around town, not
in one place. Heather Grenier states that they can be spread out, it’s a matter of
infrastructure being in place.
08:38:21 AM Sharon Southard questions how many have been committed to other
areas.
Heather Grenier states 15 have been given to Three Forks and 15-25 in Livingston.
Sharon Southard states questions if they plan to tie down or install foundation. Heather
Grenier states they plan on foundations.
08:39:27 AM Kevin Thane discusses a need for transition housing.
08:39:50 AM I-Ho Pomeroy questions where they will be storing the units and whether
they would sell or rent the units.
08:40:36 AM Anders Lewendal questions if there is a demand for these size units.
Heather Grenier states that there is a demand for affordable housing – of all sizes.
Heather Grenier and Anders Lewendal discuss further what is required for these units.
08:42:11 AM Anders Lewendal questions if Kevin Thane has discussed this list with City
staff about what can or can not be used. Kevin Thane states that he has not.
08:43:13 AM Open for Public Comment – No Public Comment.
08:43:28 AM Kevin Thane moves: I move to recommend that CAHAB submits a list of
City-owned land parcels which could be used for Affordable Housing to present to the
City Commission and dedicate staff time.
393
Mary Martin Seconds
Hattie Baker questions if there are lots available that have already been platted with the
city. Wendy Thomas states that she is not aware of that specific number and questions
how the information will be helpful.
Hattie Baker states that cost of land has increased in the past year as a result of
availability. If there are more subdivisions in the pipeline, it may affect the cost of land.
Hattie Baker states that instead of creating infrastructure on the lots, it could be best to
put these affordable units in areas where infrastructure is already set to be put in place.
Board continues discussion regarding goals of the motion.
08:49:38 AM Board unanimously approves the motion.
2. 08:49:56 AM Innovative Housing Ordinance
Recommended motion: I move to recommend to the City Commission approval of the
draft Ordinance 1952.
Wendy Thomas gives a little background regarding the ordinance. She states that it has
been revised since first presented last month and this was the board’s chance to provide
feedback.
08:51:09 AM Kevin Thane questions the minimum livability standards.
Wendy Thomas responds. The minimum livability standards are set by the building code.
Discussion between Kevin Thane and Wendy Thomas regarding size requirements.
08:53:49 AM Sean Mallony questions if the Planning and Zoning Board had any concerns
with the ordinance.
Mayana Rice states that it has not gone to the Planning Board and Zoning Commission
yet. But the draft does include feedback from them from the work session previously.
Anders Lewendal says he appreciates the ordinance, but is still concerned why this isn’t
being applied to all levels of affordability. Wendy Thomas responds.
Conversation continues between Wendy Thomas and Anders Lewendal.
08:59:21 AM Open to public comment – no public comment.
394
08:59:33 AM Wendy Thomas clarifies that she believes a motion was made to approve
at the last meeting. She just wanted to give the board the chance to confirm their
motion.
09:01:34 AM Anders Lewendal moves: I move to recommend to the City Commission
approval of the draft Ordinance 1952 – revised.
David Magestrelli seconds.
09:01:59 AM Kevin Thane states that the ordinance is too restrictive. He feels that it
puts requirements on the unit that may increase the cost of the home, so he does not
support it. He states the need for HOA, open space, similar architecture, lighting
requirements, etc are too restrictive.
09:04:36 AM Anders Lewendal states that he will vote in favor of the ordinance. He feels
it is very complex, but you have to start somewhere. He thinks there are areas that are
vague, but they will be worked through.
09:05:18 AM Kevin Thane states he is in support of the intent, but does not approve its
current form.
09:05:46 AM Kevin Thane and David Magestrelli vote against the motion. All others in
favor.
Motion Passes.
H. 09:06:17 AM FYI/Discussion
1. 09:06:20 AM FY 17 Budget Update (Thomas) – Wendy Thomas provides an
update.
2. 09:08:35 AM CAHAB Staff Liaison (Thomas) – Wendy Thomas states that she
will be leaving the City of Bozeman on July 28th. Mayana Rice will be the new staff liaison.
I. 09:11:03 AM Adjournment –
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the second Wednesday of the month at 8:00am
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
395
4/4/2016
Affordable Housing Incentives – 2015 ~ 2017
Goal: Create 54 Homes
90% AMI*
Max Purchase Price:
$192,000
$252,000
Goal: 75% of Units
• Innovative Housing Ordinance
• 1+1 Permit Review
*Area Mean Income - $51,840-$64,980
80% AMI*
Max Purchase Price:
$173,500
$219,100
Goal: 20% of Units
• Impact Fee Subsidy
• Down Payment Assistance
• Waive Subdivision Pre-application
• Simultaneous Construction of Housing
Infrastructure
• Reduced Parking
* Area Mean Income - $46,100-$57,600
70 % AMI*
Max Purchase Price:
$146,650
$186,550
Goal: 5% of Units
• Reduction of Parkland
*Area Mean Income - $40,320-$50,540
+
18
22
5
6
1
2
+ Household Size Units Incentives 396
Page 1
ARTICLE 43. - AFFORDABLE HOUSING (TEMPORARY)[13]
Footnotes:
--- (13) ---
Editor's note—This article is temporary. Per Ord. No. 1922, § 4, adopted Dec. 7, 2015, this article
terminates only on the occurrence of any of the contingencies provided for in Ord. No. 1922, § 10.
DIVISION 1. - FINDINGS AND PURPOSE
Sec. 38.43.010. - Legislative findings.
The city commission hereby finds:
A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable
housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of many residents to find housing which is adequate for their basic housing needs. A lack
of adequate housing affects health, social stability, and other issues which can have negative and intergenerational effects. To fulfill this goal, the community plan establishes an objective to
promote the development of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman residents.
B. The Affordable Housing Action Plan: 2012—2016 (action plan) analyzed housing needs and existing market conditions and determined housing affordability has become an acute problem
as demonstrated by the number of households paying over 30 percent of their incomes for housing. A 2015 update to the city's housing needs analysis (action plan update) concluded that
the group of homebuyers with significant affordability gaps have incomes at or below 80 percent of the area medium income and are in need of subsidies and/or below-market home prices. The
action plan update also determined that buying opportunities are increasingly scarce for homebuyers with incomes between 60 percent and 100 percent of AMI, and that housing and
land prices have increased faster than incomes for many of Bozeman's residents.
C. Since the adoption of the Bozeman Community Plan and the action plan, the median sales price
of housing has continued to climb. According to the action plan update, as of the end of November 2014, the median home price was $287,000.00.
D. The action plan update states that the number of detached homes priced below $250,000.00, a rough indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from
48.4 percent of the market in 2012 to just 18.6 percent in 2014.
E. There is a critical shortage of for-sale housing affordable to Bozeman households with incomes
at and below the area median income, as currently calculated by the U.S. Department of Housing and Urban Development. As a result, some residents pay excessive amounts of income for
housing, reducing the amounts available for other necessities and a decent and adequate standard of living.
F. Limited housing opportunities within the city requires households to seek housing outside of the city limits which has a negative impact on transportation infrastructure by adding unnecessary
trips to the network. Increased driving distance to affordable housing also negatively impacts air and water quality. To maintain a sufficient resident workforce in all fields of employment, and to
ensure the public safety and general welfare of the residents of the City of Bozeman, affordable housing needs must be addressed.
397
Page 2
G. The city can achieve its goals of promoting the development of more affordable housing and its goal of achieving an economically balanced community only if part of the new housing built is
affordable to households with low and moderate incomes.
H. The inclusionary housing regulations codified in this article will substantially advance the city's
legitimate interest in assuring that additional housing is built in the city that is affordable to residents, including low- and moderate-income households and dispersed throughout the city in
order to encourage economic integration of the city's residents.
I. This article is adopted pursuant to the city's self-governing powers and the city's independent
general police power to protect public health, safety, and welfare. Encouraging the construction of affordable housing within certain developments is consistent with the community's housing
goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed
affordable housing.
J. Providing housing affordable to low and moderate-income households is reasonably related to
the impacts of newly created market-rate housing projects because:
1. Rising land prices are a key factor in preventing development of new affordable housing.
New market-rate housing construction in Bozeman has generally created strong and increasing demand for a finite stock of unbuilt land within the city, and thus continues to drive
up the price of remaining land. New development without affordable units reduces the amount of land development opportunities available for the construction of affordable
housing.
2. New residents of market-rate housing place demands on services provided by both public
and private sectors, creating a demand for new employees. Some of these public and private sector employees needed to meet the needs of the new residents earn incomes only
adequate to pay for affordable housing. Because affordable housing is in short supply in the city, such employees may be forced to live in less than adequate housing within the city, pay
a disproportionate share of their incomes to live in adequate housing in the city, or commute ever increasing distances to their jobs from housing located outside the city. These
circumstances harm the city's ability to attain employment and housing goals articulated in the community plan and place strains on the city's ability to accept and service new market-
rate housing development.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.020. - Purpose.
The purpose of this article is to promote the public health, safety, and welfare by encouraging the
creation of affordable housing for the residents of Bozeman. In addition, the purpose of this article is to promote the dispersal of quality affordable housing throughout Bozeman's neighborhoods for households of a variety of income levels including low- and moderate-income residents to meet the goals of the community plan and the action plan by encouraging a mix of housing types throughout the city and
integrating affordable housing so as to not concentrate affordable housing in a particular area.
In addition, the article is intended to alleviate the impacts that would result from the use of available
residential land solely for the benefit of households that are able to afford market-rate housing and to
mitigate the service burden imposed by households in new market-rate residential developments by making additional affordable housing available for service employees. The article is also intended to mitigate environmental and other impacts that accompany new residential development by reducing traffic, transit
and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure.
The article provides incentives for housing developers to ensure houses are constructed and sold in a manner that furthers the city's affordable housing goals.
398
Page 3
(Ord. No. 1922, § 2, 12-7-2015)
DIVISION 2. - APPLICABILITY AND DEFINITIONS
Sec. 38.43.030. - Applicability.
This article applies to developments seeking to use incentives to develop affordable housing.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.040. - Definitions.
1. Affordable housing or affordable home. A dwelling for purchase by an owner-occupant that requires no more than 33 percent of a household's income for housing payments and meets the definition of a
lower-priced home or moderate-priced home.
2. Area median income or AMI. As calculated by the U.S. Department of Housing and Urban
Development (HUD), AMI is the median income for a family of four within a specific geographical area, such as Gallatin County. For each such region, HUD adjusts this AMI calculation for households of
different sizes and updates the calculations annually based on estimated changes in area incomes. For purposes of this article, the city hereby adopts HUD's AMI calculations as an equitable and
reasonable method to determine affordability, based on percentages of AMI specified in this article.
3. Developer. For purposes of this article, a developer is the person or legal entity, or their successor(s)
in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b) is the
owner of property subject to this article during the development phase or a successor in title, such as a builder, obligated to implement an approved affordable housing plan with respect to one or more lots
or parcels of land, and/or (c) receives incentives for the production of affordable housing.
4. Lower-priced home. Newly created dwelling for purchase, determined by the city in accordance with
this article to be affordable to a household with an income between 65 percent and 80 percent of AMI.
5. Market-rate home. Any dwelling subject to this article which is not an affordable home, including
detached dwellings, attached town houses, and condominium units but not including housing units that are developed for exclusive use as a rental.
6. Moderate-priced home. Newly created dwelling for purchase, affordable to a household with an income between 81 percent and 100 percent of AMI.
(Ord. No. 1922, § 2, 12-7-2015)
DIVISION 3. - [REQUIREMENTS]
Sec. 38.43.050. - Pricing of affordable homes.
A. The city will calculate on an annual basis the maximum sales price a developer may charge for each category of affordable home included in a developer's affordable housing plan as follows:
1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-households with incomes from 65 percent to 80 percent of AMI will be calculated based on a household income of
70 percent of AMI.
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2. Moderate-priced homes. The sales price for moderate-priced homes affordable to buyer-households with incomes from 81 percent to 100 percent of AMI will be calculated based on a
household income of 90 percent of AMI.
B. Affordable home sales price schedule.
1. The city will annually publish a schedule of sales prices for low-priced homes and moderate-priced homes within 30 calendar days of the HUD's annual publication of updated AMI
calculations. The sales price schedule will be effective on the date of publication by the city. The new sales price schedule will apply to applications for building permits received after the effective
date of the new sales price schedule. A developer may request that a new sales price schedule apply to the sale of an affordable home approved under a previous sales price schedule.
2. The city, at the city's sole discretion, may recalculate the sales price schedule if prevailing mortgage interest rates have adjusted by 50 basis points or more over the assumption used for
the previous schedule.
3. Considerations. The following factors will be considered by the city in calculating the sales price
schedule. The director of community development may make de minimis exceptions to application of these factors:
a. AMI for the Bozeman area;
b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income
divided by 12;
c. The maximum monthly payment will be 33 percent of gross monthly income. The maximum
monthly payment will include costs directly applicable to a mortgage such as payment of principal, interest, as well as assumptions for typical costs of taxes, public assessments,
property insurance premiums, mortgage insurance premiums (assuming the higher of either government or private mortgage insurance), and homeowner/condominium association fees;
d. The interest rate will be determined by the city by a survey of at least three local mortgage lenders, averaging their current rates for loans for homes with price ranges within the low-
priced homes range and the moderate-priced homes range;
e. The financing will be a conventional or government-insured fixed-rate loan within 100 basis
points of prevailing interest rates with a term of 30 years or less; and
f. A borrower will provide a down payment of $1,000.00.
C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on the AMIs for households of different
sizes, as follows:
1. Zero bedroom or studio unit: AMI for a one-person household;
2. One bedroom unit: AMI for a two-person household;
3. Two bedroom unit: AMI for a two-person household; and
4. Three bedroom unit or larger: AMI for a four-person household.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.060. - Timing of delivery of affordable homes.
Affordable homes included in an approved affordable housing plan must be provided in accordance
with the following:
A. In each development in which more than one affordable home is proposed to be sold, the affordable housing plan shall specify that affordable homes are to be sold concurrently and in proportion to the sale of unimproved lots or market-rate homes. Such timing will be represented
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in an affordable homes pricing and delivery schedule as described in section 38.43.080, as outlined in an approved affordable housing plan.
B. A developer may sell affordable homes earlier than required in an affordable housing plan.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.070. - Minimum design and construction standards for affordable homes.
A. Required numbers of bedrooms in affordable homes. In each development subject to the requirements
of an approved affordable housing plan, affordable homes shall represent a mix of bedrooms per unit as similar as possible (given rounding of numbers) to the mix of bedrooms per unit of the market-rate
homes in the development.
B. Standards for design and construction. The city shall define reasonable standards for the design and
construction of affordable homes to ensure livability and compatibility with nearby market-rate homes in the development. Affordable homes may have different interior finishes and features than other dwellings within the development, as long as the finishes and features are functionally equivalent and of good quality. Finishes include, but are not limited to, design and materials, the provision of
appliances, cabinets, and floor treatment. Features include, but are not limited to, the numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green building
features.
C. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the development, including the same access to and enjoyment of common open space and facilities in the development.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.080. - Submission of affordable housing plan; approval.
A. Affordable housing plan. The applicant for any development seeking to utilize the incentives to create
affordable housing must submit an affordable housing plan in a form provided by or approved by the city that describes how the provisions of this article will be satisfied. When approved by the city, the
affordable housing plan must be incorporated by reference in the recorded subdivision plat, site plan or annexation agreement.
B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successors in interest to
the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is
required to implement the affordable housing plan.
C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must
include, at a minimum:
1. Number of affordable homes proposed in each affordable home category;
2. The minimum number of bedrooms in each affordable home;
3. Number of market-rate homes in the development;
4. The anticipated or estimated number of bedrooms in each market-rate home;
5. Location of affordable homes in the development (lots in the plat or units within a site plan);
6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development;
7. Marketing plan describing how affordable homes will be offered to the public;
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8. Plan for construction of affordable homes in phased developments. It is anticipated that in developments being built in phases, the number of market-rate homes may not be certain at the
time the developer submits the affordable housing plan. In such cases, the developer must estimate the number of market-rate homes and number of affordable homes for each phase. If
the number of homes in the first phase of such development is certain at the time of the city's approval of the affordable housing plan, a separate affordable homes pricing and delivery
schedule for that phase shall be incorporated in the affordable housing plan at the time of development or construction of each subsequent phase. As the number of homes in future phases
becomes certain, the affordable housing plan shall provide for subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the
affordable housing plan; and
9. Any other information that is reasonably necessary to evaluate the compliance of the affordable
housing plan with the requirements of this article.
D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery
schedule shall be in the form of a chart that contains the numbers of required affordable homes by bedroom count and affordable home category, and shall indicate the current affordable home prices
as calculated by the city.
E. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial
application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan
or other separate agreement obligating the developer to meet the requirements of this article.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.090. - Marketing, sales and occupancy of affordable homes.
Developers subject to this article shall market and sell affordable homes in accordance with provisions
described in the city's published instructions for preparing affordable housing plans. These provisions will address factors such as waiting list management, marketing materials, the city's and the developer's
respective responsibilities for marketing affordable homes and finding qualified buyers, actions to be taken in the event of inability to identify qualified buyers, procedures for certification of buyer eligibility, purchase
contracts, and full disclosures to buyers of their obligations and rights under this article. If after 120 calendar
days of marketing efforts on the part of the developer of an affordable home in compliance with the city's published instructions the developer has not executed a purchase contract with a qualified buyer, the developer may enter into a purchase contract with a buyer at a sales price that shall not be subject to the
maximum sales prices established pursuant to 38.43.070. In such a case, upon closing of the sale the developer must pay the city the difference between the sales price and the price of the affordable home as
set out in the approved affordable housing plan in accordance with 38.43.150.B.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.100. - Recording requirements upon sale of affordable home.
The developer, or the city or its agent, if the city is involved in the sale of an affordable home, shall cause to be recorded in the offices of the Gallatin County Clerk and Recorder, simultaneously with the
recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements
described in section 38.43.130.
(Ord. No. 1922, § 2, 12-7-2015)
DIVISION 4. - INCENTIVES
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Sec. 38.43.110. - Incentives available for affordable housing.
Developers may apply for incentives in conjunction with a development application by submitting an affordable housing plan pursuant to section 38.43.080.
Incentives Description
Lower-
priced
homes
Moderate-
priced
homes
70%
AMI
80%
AMI 90% AMI
Impact fee
subsidy
Full or partial subsidization of impact fees, paid from
municipal funds if such funds are available; such
subsidization must be secured with a lien instrument due
upon sale, transfer or non-rate/term refinance of the home.
X X
Down payment
assistance
Subject to the availability of funds, the city will provide on a
first-come first-served basis, down payment assistance not to
exceed $10,000.00 per home benefiting households. Down-
payment assistance will only be provided directly to the
qualifying homebuyer. This assistance shall be secured with a
lien instrument due upon sale, transfer or non-rate/term
refinance of the home.
X X
Waiver of
subdivision
pre-application
Waive pre-application for subdivision when ten percent of
units are designated for lower price homes. X X
Reduction of
parkland1
Allow a 1:1 square foot reduction in the amount of parkland
dedication required per square foot of lot size for lower
homes. If a developer provides more than the required
number of lower priced homes, the lot area square footage
of the additional lower priced homes shall not further reduce
the required parkland dedication.
X
Reduced
minimum lot
sizes
Per the provisions in this chapter, affordable homes may
utilize reduced setback requirements and reduced sized lots.
The reduction in lot size shall be allowed to create an
X X X
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increase in maximum unit density beyond the maximum
currently allowed in a given zoning district.
Concurrent
infrastructure
housing
construction
Concurrent construction of infrastructure and housing
development at the installation of gravel-base roads,
provided the developer has provided assurance through a
performance bond, letter of credit or other financial security
acceptable to the city attorney ensuring the completion of
infrastructure.
X X
Expedited
review for
affordable
housing 1+1
Detached homes and attached homes in groups of less than
six units will receive expedited (three business day) building
permit review for affordable housing. For each building
permit for an affordable home, a market rate unit will
receive the same expedited review.
X X X
Reduced
parking
requirements
Reduced parking requirement of two spaces per three-
bedroom dwelling. X X
1 This incentive is available only until the city has approved affordable housing plan(s) that include the
number of lower-priced homes at 70 percent AMI as established by commission resolution. In addition,
a developer seeking to use this incentive may only do so if the affordable homes at 70 percent AMI
constitute no more than ten percent of the total units in a development or the unit is to be
constructed on a single lot wherein the parkland dedication requirement has not previously been
provided.
(Ord. No. 1922, § 2, 12-7-2015)
DIVISION 5. - BUYER QUALIFICATION AND SUBSIDY RECAPTURE
Sec. 38.43.120. - Qualification of buyers of affordable homes.
A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the following
criteria:
1. A household income in the 65 percent—80 percent AMI range, as verified and certified by the
city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD's online income certification
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tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to
income.
2. Maximum assets of $25,000.00. Assets will be determined using 24 CFR Part 5.603, as amended.
3. The household occupying the lower-priced home must meet the definition of "household" in 38.42.1420.
4. The buyer must meet one of the following definitions of "first-time homebuyer":
a. An individual who has had no ownership interest in a principal residence during the three-
year period ending with the date of purchase; or
b. A single parent whose only prior home was owned with a former spouse while married; or
c. An individual who is a displaced homemaker and has only owned with a spouse; or
d. An individual who has only owned a principal residence not permanently affixed to a
permanent foundation in accordance with applicable regulations; or
e. An individual who has only owned a property that was not in compliance with state, local or
model building codes and which cannot be brought into compliance for less than the cost of construction a permanent structure.
5. The buyer must contribute at least $1,000.00 towards the purchase of the home unless waived in writing by the city because of extraordinary circumstances, such as death of primary or
secondary income earner or qualification as displaced homemaker.
6. The buyer must utilize conventional or government-insured fixed-rate first-mortgage financing
with a term of 15 to 30 years.
7. The household in a lower-priced home must occupy the home as its primary residence. Lower-
priced homes may not be rented to another party, since the intent of the program is to provide these homes only for income-qualified owner occupants, with the exception of rentals for a limited
period of time necessitated by a family hardship or a temporary move for one year or less, if approved in advance by the city.
B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must occupy the home as a primary residence. The developer must provide evidence satisfactory to the city verifying the initial
owner will use the home as their primary residence at time of sale.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.130. - Subsidy recapture for lower-priced homes.
To ensure that the community investment in affordable housing is perpetuated and that beneficiaries
of affordable housing programs do not receive a windfall financial benefit, the city requires repayment of subsidies as follows:
A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received cash support in the form of funds from the affordable housing fund or other funding through the city, including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay the subsidy, at zero percent interest, when the dwelling or property is sold,
transferred, refinanced or when the initial buyer who qualified for the subsidy has failed to abide by the requirements of this article. The subsidy will be recorded as a lien against the property at
the Gallatin County Clerk and Recorders office.
B. Requirement for repayment of non-cash subsidy. Because most or all lower-priced homes will be sold at a discount from market value, defined as the difference between the appraised value and the maximum allowed price of a lower-priced home at the time of the initial sale to a qualified
buyer, the city commission finds that it gives a subsidy with cash value to the initial buyer which
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may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-priced home, the city aims to further its housing affordability goals by recapturing the principal
amount of the subsidy by use of a lien in favor of the city in that amount, which will be due and payable to the city, at zero percent interest, when the home is sold or transferred or when the
initial buyer who qualified for the affordable home has failed to abide by the terms of this article. The appraisal used to calculate the amount of subsidy may be the appraisal obtained by the
buyer's mortgage lender or, if that is not available, a professional appraisal provided by the purchaser.
C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund:
1. Down payment assistance for buyers of new or existing homes in Bozeman with household
incomes at or below 80 percent of AMI;
2. Affordable rental opportunities for residents of Bozeman with incomes at or below 60 percent
of AMI; or
3. Any other use approved by the city commission that increases affordable homeownership
opportunities for residents of Bozeman with income at or below 80 percent of AMI.
(Ord. No. 1922, § 2, 12-7-2015)
DIVISION 6. - ADMINISTRATION AND ENFORCEMENT
Sec. 38.43.140. - Administration.
A. Director of community development authority. The director of community development or designee
shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this article, unless such authority is expressly
reserved to the city commission or another city official, including but not limited to:
1. Reviewing a developers' affordable housing plan for compliance with this article;
2. Adopting all forms and prescribing the information to be given therein;
3. Monitoring developers' compliance with their approved affordable housing plan, notifying the
developer of noncompliance, and ordering compliance;
4. Imposing any and all sanctions permitted by this article; and
5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to be published. The director of community development may make de minimis exceptions to the
factors considered in calculating the price targets.
B. Administrative manual. The city will publish administrative rules and instructions approved by the city
commission, including but not limited to instructions for completing the affordable housing plan, valuations required by this article, and the distribution of the required number of affordable homes
between the two affordable home categories and required number of bedrooms. Such distribution by affordable home category shall be based primarily upon an assessment by the city of housing needs
among the income groups corresponding to each affordable home category, but shall take into account the economic impact on developments subject to the requirements of this article.
C. Verification of sales prices and income certification prior to closing. The city manager may create standards for documentation the city will use to verify the sale price of a home created pursuant to this
article. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales price
on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in the current price schedule pursuant to section 38.43.050 plus an allowed maximum of $3,000.00 in
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buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification.
D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing
plan and the requirements of this article, and if not, respond to the noncompliance as provided in section 38.43.150.
(Ord. No. 1922, § 2, 12-7-2015)
Sec. 38.43.150. - Noncompliance; sanctions.
A. Discovery of noncompliance. If the city determines a developer subject to an affordable housing plan has failed to comply with any terms or conditions of the affordable housing plan or this article, the
director of community development or authorized agent shall notify the developer of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe a date certain by which the developer must be in full compliance (which may not be less than one week or more than one year from the date of the notice),
and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions for noncompliance with this notification.
B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with the
approved affordable housing plan or any other recorded documentation obligating developer to comply with this article, the developer must, prior to the release by the city of the dwelling from the affordable housing plan or binding agreement, pay the city the difference between the sales price and the price
of the affordable home as set out in the approved affordable housing plan.
C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this article, if on a date certain by which compliance has been ordered by the director of community development
or authorized agent, the developer remains in noncompliance, the director of community development or authorized agent shall notify the city attorney of the noncompliance and request that sanctions be imposed. The city shall have the authority to impose one or more sanctions including but not limited to
the following which the city deems most effective and appropriate considering the nature of the
noncompliance:
1. Withholding or revoking building permits;
2. Issuing stop-work orders; and/or
3. Withholding certificates of occupancy.
(Ord. No. 1922, § 2, 12-7-2015)
ARTICLE 43. - AFFORDABLE HOUSING[14]
Footnotes:
--- (14) ---
Editor's note—This ordinance shall be effective upon the occurrence of the contingencies provided for in
Ord. No. 1922, § 10, adopted Dec. 7, 2015.
DIVISION 1. - FINDINGS AND PURPOSE
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Sec. 38.43.010. - Legislative findings.
The city commission hereby finds:
A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable
housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of many residents to find housing which is adequate for their basic housing needs. A lack
of adequate housing affects health, social stability, and other issues which can have negative and intergenerational effects. To fulfill this goal, the community plan establishes an objective to
promote the development of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman residents.
B. The Affordable Housing Action Plan: 2012—2016 (action plan) analyzed housing needs and existing market conditions and determined housing affordability has become an acute problem
as demonstrated by the number of households paying over 30 percent of their incomes for housing. A 2015 update to the city's housing needs analysis (action plan update) concluded that
the group of home buyers with significant affordability gaps have incomes at or below 80 percent of the area medium income and are in need of subsidies and/or below-market home prices. The
action plan update also determined that buying opportunities are increasingly scarce for home buyers with incomes between 60 percent and 100 percent of AMI, and that housing and land
prices have increased faster than incomes for many of Bozeman's residents.
C. Since the adoption of the Bozeman Community Plan and the action plan, the median sales price
of housing has continued to climb. According to the action plan update, as of the end of November 2014, the median home price was $287,000.00.
D. The Action Plan Update states that the number of detached homes priced below $250,000.00, a rough indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from
48.4 percent of the market in 2012 to just 18.6 percent in 2014.
E. There is a critical shortage of for-sale housing affordable to Bozeman households with incomes
at and below the area median income, as currently calculated by the U.S. Department of Housing and Urban Development. As a result, some residents pay excessive amounts of income for
housing, reducing the amounts available for other necessities and a decent and adequate standard of living.
F. Limited housing opportunities within the city requires households to seek housing outside of the city limits which has a negative impact on transportation infrastructure by adding unnecessary
trips to the network. Increased driving distance to affordable housing also negatively impacts air and water quality. To maintain a sufficient resident workforce in all fields of employment, and to
ensure the public safety and general welfare of the residents of the City of Bozeman, affordable housing needs must be addressed.
G. The city can achieve its goals of providing more affordable housing and its goal of achieving an economically balanced community only if part of the new housing built is affordable to households
with low and moderate incomes.
H. The inclusionary housing regulations codified in this article will substantially advance the city's
legitimate interest in assuring that additional housing is built in the city that is affordable to residents, including low- and moderate-income households and dispersed throughout the city in
order to encourage economic integration of the city's residents.
I. This article is adopted pursuant to the city's self-governing powers and the city's independent
general police power to protect public health, safety, and welfare. Requiring affordable housing within certain developments is consistent with the community's housing goals of protecting the
public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing.
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J. Requiring developers of newly created market-rate housing to provide some housing affordable to low and moderate-income households is reasonably related to the impacts of their projects
because:
a. Rising land prices are a key factor in preventing development of new affordable housing.
New market-rate housing construction in Bozeman has generally created strong and increasing demand for a finite stock of unbuilt land within the city, and thus continues to drive
up the price of remaining land. New development without affordable units reduces the amount of land development opportunities available for the construction of affordable
housing.
b. New residents of market-rate housing place demands on services provided by both public
and private sectors, creating a demand for new employees. Some of these public and private sector employees needed to meet the needs of the new residents earn incomes only
adequate to pay for affordable housing. Because affordable housing is in short supply in the city, such employees may be forced to live in less than adequate housing within the city, pay
a disproportionate share of their incomes to live in adequate housing in the city, or commute ever increasing distances to their jobs from housing located outside the city. These
circumstances harm the city's ability to attain employment and housing goals articulated in the community plan and place strains on the city's ability to accept and service new market-
rate housing development.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.020. - Purpose.
The purpose of this article is to promote the public health, safety, and welfare by ensuring that the
affordable housing needs of the residents of Bozeman are addressed. In addition, the purpose of this article is to ensure that quality housing is dispersed throughout Bozeman's neighborhoods for households of a variety of income levels including low- and moderate-income residents to meet the goals of the community plan and the action plan by encouraging a mix of housing types throughout the city and integrating
affordable housing so as to not concentrate affordable housing in a particular area.
In addition, the article is intended to alleviate the impacts that would result from the use of available
residential land solely for the benefit of households that are able to afford market-rate housing and to
mitigate the service burden imposed by households in new market-rate residential developments by making additional affordable housing available for service employees. The article is also intended to mitigate environmental and other impacts that accompany new residential development by reducing traffic, transit
and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure.
The article provides residential developers with a menu of options from which to select alternatives to
the construction of inclusionary units on the same site as market-rate residential developments, and provides incentives for housing developers to ensure houses are constructed and sold in a manner that furthers the city's affordable housing goals.
Finally, the article provides incentives for housing developers who are not legally required to comply with the requirements for construction of inclusionary housing, but nevertheless choose to construct affordable housing.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 2. - APPLICABILITY AND DEFINITIONS
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Sec. 38.43.030. - Applicability.
A. This article applies to:
1. Subdivisions and site plans which propose ten or more market-rate homes, to be created through development, new construction, substantial improvement or reuse.
2. Annexations where the net developable area of the annexing parcel when considering the applicable zoning could result in ten or more dwellings. In such a case, the annexation agreement
shall require the provision of affordable housing pursuant to this article.
3. Developments seeking to use incentives to develop affordable housing.
B. Contiguous tracts under common ownership and control. A developer may not avoid the requirements for construction of affordable homes by submitting piecemeal applications for development. At the time
of the initial application for approval of a subdivision or site plan, the developer shall identify all contiguous property under common ownership and control in the affordable housing plan required by
section 38.43.100.
C. Development applications approved prior to the effective date of this article. A site plan or subdivision
having received sufficiency approval as of the effective date of this article or a preliminary site plan or preliminary plat granted approval prior to the effective date of this article may apply for one or more of
the incentives described herein. Only that portion of the amended preliminary plat or site plan pertaining to the request for approval of one or more incentives will be subject to review. The
requirements of section 38.19.130 for the amendment of plans will not apply.
D. Newly proposed residential developments which include affordable housing in excess of this article's
requirements for building affordable homes are eligible for incentives as provided in section 38.43.130. Such request shall require the preliminary plat or site plan to evidence compliance with all other
requirements of this article.
E. Exemptions. Developments comprised exclusively of rental housing units are exempt from these
requirements.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.040. - Definitions.
1. Affordable housing or affordable home. A dwelling for purchase by an owner-occupant that requires
no more than 33 percent of a household's income for housing payments and meets the definition of a lower-priced home or moderate-priced home.
2. Area Median Income or AMI. As calculated by the U.S. Department of Housing and Urban Development (HUD), AMI is the median income for a family of four within a specific geographical area,
such as Gallatin County. For each such region, HUD adjusts this AMI calculation for households of different sizes and updates the calculations annually based on estimated changes in area incomes.
For purposes of this article, the city hereby adopts HUD's AMI calculations as an equitable and reasonable method to determine affordability, based on percentages of AMI specified in this article.
3. Common ownership or control. "Common ownership or control" refers to property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner,
member, or family member of an investor of the entity owns ten percent or more of the interest in the property.
4. Developer. For purposes of this article, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other
submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b) is the owner of property subject to this article during the development phase or a successor in title, such as
a builder, obligated to implement the affordable housing plan required by this article with respect to
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one or more lots or parcels of land; and/or (c) receives incentives for the production of affordable housing.
5. Liquid assets. Assets such as cash, stocks, bonds or similar that can readily be converted to cash with no significant loss in value, but excluding long retirement assets such as IRA accounts, 401K accounts,
pension funds, etc. Explicitly excluding retirement.
6. Lower-priced home. Newly created dwelling for purchase, determined by the city in accordance with
this article to be affordable to a household with an income between 65 percent and 80 percent of AMI.
7. Market-rate home. Any dwelling subject to this article which is not an affordable home, including
detached dwellings, attached town houses, and condominium units but not including housing units that are developed for exclusive use as a rental. The number of market-rate homes in a development is
used to determine the required number of affordable homes, as described in this article.
8. Moderate-priced home. Newly created dwelling for purchase, affordable to a household with an income
between 81 percent and 100 percent of AMI.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 3. - REQUIREMENTS
Sec. 38.43.050. - Requirement to build and sell affordable homes.
All development subject to this article must include affordable homes.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.060. - Number of affordable homes required.
The number of affordable homes a developer is required to build is a percentage of the total dwellings
in the development plan.
A. The developer may:
1. Build and sell low-priced homes. Ten percent of the total dwellings constructed within the subdivision or site plan must be built and sold at price targets as established by the city
pursuant to section 38.43.070 to households with incomes at or below 80 percent of AMI; or
2. Build and sell moderate-priced homes. 30 percent of the total dwellings proposed must be
sold at price targets as established by the city pursuant to section 38.43.070 to households with incomes from 81 percent to 100 percent of AMI; or
3. Build and sell a mix of both types of homes. If a developer proposes a mix of both lower-priced and moderate-priced homes, the developer starts with the ten percent calculation for
lower-priced homes. For each lower-priced home eliminated from the resulting number, the developer may substitute three moderate-priced homes. The distribution of homes between
the two categories of affordable homes will be identified in the affordable housing plan required by section 38.43.100.
B. Fractions. If the calculation of the required number of affordable homes results in a fraction of a home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.43.140 or
by providing an additional moderate-priced home.
C. Calculating number of affordable homes in phased developments. It is anticipated that in
developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan pursuant to section 38.43.100. In such
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cases, the developer must estimate the number of market-rate homes and number of affordable homes required for all phases. If the number of homes in the first phase of such development is
certain at the time of the city's approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing
plan at the time of development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for
subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan and section 38.43.070.B.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.070. - Pricing of affordable homes.
A. The city will calculate on an annual basis the maximum sales price a developer may charge for each category of affordable home required by this article as follows:
1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-households with incomes from 65 percent to 80 percent of AMI will be calculated based on a household income of
70 percent of AMI.
2. Moderate-priced homes. The sales price for moderate-priced homes affordable to buyer-
households with incomes from 81 percent to 100 percent of AMI will be calculated based on a household income of 90 percent of AMI.
B. Affordable home sales price schedule.
1. The city will annually publish a schedule of sales prices for low-priced homes and moderate-
priced homes within 30 calendar days of the HUD's annual publication of updated AMI calculations. The sales price schedule will be effective on the date of publication by the city. The
new sales price schedule will apply to applications for building permits received after the effective
date of the new sales price schedule. A developer may request that a new sales price schedule apply to the sale of an affordable home approved under a previous sales price schedule.
2. The city, at the city's sole discretion, may recalculate the sales price schedule if prevailing
mortgage interest rates have adjusted by 50 basis points or more over the assumption used for the previous schedule.
3. Considerations. The following factors will be considered by the city in calculating the sales price
schedule. The director of community development may make de minimis exceptions to application of these factors:
a. AMI for the Bozeman area;
b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income divided by 12;
c. The maximum monthly payment will be 33 percent of gross monthly income. The maximum
monthly payment will include costs directly applicable to a mortgage such as payment of principal, interest, as well as assumptions for typical costs of taxes, public assessments, property insurance premiums, mortgage insurance premiums (assuming the higher of either
government or private mortgage insurance), and homeowner/condominium association fees;
d. The interest rate will be determined by the city by a survey of at least three local mortgage lenders, averaging their current rates for loans for homes with price ranges within the low-
priced homes range and the moderate-priced homes range;
e. The financing will be a conventional or government-insured fixed-rate loan with a term of 15 to 30 years; and
f. A borrower will typically contribute $1,000.00 toward the purchase price.
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C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on the AMIs for households of different
sizes, as follows:
1. Zero bedroom or studio unit: AMI for a one-person household;
2. One bedroom unit: AMI for a two-person household;
3. Two bedroom unit: AMI for a two-person household; and
4. Three bedroom unit or larger: AMI for a four-person household.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.080. - Timing of delivery of affordable homes.
Required affordable homes must be provided in accordance with the following:
A. In each development in which more than one affordable home is required to be sold, the affordable housing plan shall specify that affordable homes are to be sold concurrently and in proportion to the sale of unimproved lots or market-rate homes. Such timing of compliance will be represented in an affordable homes pricing and delivery schedule as described in section
38.43.100.
B. A developer may build and sell affordable homes earlier than required in an affordable housing
plan.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.090. - Minimum design and construction standards for affordable homes.
A. Required number of bedrooms in affordable homes. In each development subject to the requirements of this article, affordable homes shall represent a mix of bedrooms per unit as similar as possible (given
rounding of numbers) to the mix of bedrooms per unit of the market-rate homes in the development.
B. Standards for design and construction. The city shall define reasonable standards for the design and
construction of affordable homes to ensure livability and compatibility with nearby market-rate homes in the development. Affordable homes may have different interior finishes and features than other
dwellings within the development, as long as the finishes and features are functionally equivalent and of good quality. Finishes include, but are not limited to, design and materials, the provision of
appliances, cabinets, and floor treatment. Features include, but are not limited to, the numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green building
features.
C. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the
development, including the same access to and enjoyment of common open space and facilities in the development.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.100. - Submission of affordable housing plan; approval.
A. Affordable housing plan. The applicant for any development seeking to utilize the incentives to create affordable housing or subject to the requirements of this article must submit an affordable housing plan
in a form provided by or approved by the city that describes how the requirements of this article will be satisfied. When approved by the city, the affordable housing plan must be incorporated by reference
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in the recorded subdivision plat, site plan or annexation agreement. The applicant will provide only one affordable housing plan to meet the requirements of this article.
B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successor in interest to
the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is
required to implement the affordable housing plan.
C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must
include, at a minimum:
1. Number of affordable homes proposed in each affordable home category;
2. The number of bedrooms in each affordable home;
3. Number of market-rate homes in the development;
4. The number of bedrooms in each market-rate home;
5. Location of affordable homes in the development (lots in the plat or units within a site plan);
6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development;
7. Marketing plan describing how affordable homes will be offered to the public;
8. Plan for construction of affordable homes in phased developments. It is anticipated that in
developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan. In such cases, the developer must
estimate the number of market-rate homes and number of affordable homes for each phase. If the number of homes in the first phase of such development is certain at the time of the city's
approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at the time of
development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for subsequent affordable homes
pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan; and
9. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this article.
D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery schedule shall be in the form of a chart that contains the numbers of required affordable homes by
bedroom count and affordable home category, and shall indicate the current affordable home prices as calculated by the city.
E. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to
the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.110. - Marketing, sales and occupancy of affordable homes.
Developers subject to this article shall market and sell affordable homes in accordance with provisions described in the city's published instructions for preparing affordable housing plans. These provisions will address factors such as waiting list management, marketing materials, responsibilities for marketing affordable homes, actions to be taken in the event of inability to identify qualified buyers, procedures for
certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and
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rights under this article. If after 120 calendar days of marketing efforts on the part of the developer of an affordable home in compliance with the city's published instructions the developer has not executed a
purchase contract with a qualified buyer, the developer may enter into a purchase contract with a buyer at a sales price that shall not be subject to the maximum sales prices established pursuant to 38.43.070. In
such a case, upon closing of the sale the developer must pay the city the difference between the sales price and the price of the affordable home as set out in the approved affordable housing plan in accordance with
38.43.180.B.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.120. - Recording requirements upon sale of affordable home.
The developer, or the city or its agent if the city is involved in the sale of an affordable home shall
cause to be recorded in the offices of the Gallatin County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements described in section 38.43.160.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 4. - INCENTIVES
Sec. 38.43.130. - Incentives available for affordable housing.
Developers may apply for incentives in conjunction with a development application by submitting an
affordable housing plan pursuant to section 38.43.100.
Incentives Description
Lower-
priced
homes
Moderate-
priced
homes
70%
AMI
80%
AMI 90% AMI
Impact fee
subsidy
Full or partial subsidization of impact fees, paid from
municipal funds if such funds are available; such
subsidization must be secured with a lien instrument due
upon sale, transfer or non-rate/term refinance of the
home.
X X
Down payment
assistance
Subject to the availability of funds, the city will provide on
a first-come first-served basis, down payment assistance
not to exceed $10,000.00 per home benefiting
households. Down-payment assistance will only be
provided directly to the qualifying homebuyer. This
X X
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assistance shall be secured with a lien instrument due
upon sale, transfer or non-rate/term refinance of the
home.
Waiver of
subdivision pre-
application
Waive pre-application for subdivision when ten percent of
units are designated for lower price homes. X X
Reduction of
parkland 1
Allow a 1:1 square foot reduction in the amount of
parkland dedication required per square foot of lot size for
lower homes. If a developer provides more than the
required number of lower priced homes, the lot area
square footage of the additional lower priced homes shall
not further reduce the required parkland dedication.
X
Reduced
minimum lot sizes
Per the provisions in this chapter, affordable homes may
utilize reduced setback requirements and reduced sized
lots. The reduction in lot size shall be allowed to create an
increase in maximum unit density beyond the maximum
currently allowed in a given zoning district.
X X X
Concurrent
infrastructure
housing
construction
Concurrent construction of infrastructure and housing
development at the installation of gravel-base roads,
provided the developer has provided assurance through a
performance bond, letter of credit or other financial
security acceptable to the city attorney ensuring the
completion of infrastructure.
X X
Expedited review
for affordable
housing 1+1
Detached homes and attached homes in groups of less
than six units will receive expedited (three business day)
building permit review for affordable housing. For each
building permit for an affordable home, a market rate unit
will receive the same expedited review.
X X X
Reduced parking
requirements
Reduced parking requirement of two spaces per three-
bedroom dwelling. X X
1 This incentive is available only until the city has approved affordable housing plan(s) that include the
number of lower-priced homes at 70 percent AMI as established by commission resolution. In addition,
a developer seeking to use this incentive may only do so if the affordable homes at 70 percent AMI
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constitute no more than ten percent of the total units in a development or the unit is to be
constructed on a single lot wherein the parkland dedication requirement has not previously been
provided.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 5. - ALTERNATIVE MEANS OF COMPLIANCE
Sec. 38.43.140. - Alternative means of compliance; payments of fees-in-lieu.
A. Alternatives to building lower-priced homes. The city may authorize a developer otherwise required to
provide affordable homes within a development to provide an alternative means of compliance of equal
value to the affordable homes otherwise required to be constructed pursuant to this article.
B. Allowable alternative means of compliance. If approved by the city, a developer may satisfy the affordable housing requirements of this article by providing (i) a cash or in-kind payment in lieu or (ii)
a donation of land.
1. Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu per a fee schedule adopted annually by the city commission. For each required affordable home not built,
the cash-in-lieu amount will be the difference between the sales price of a lower-priced home according to the then-current schedule of affordable home prices and the sales price of a market-rate home. The sale price for the market-rate home will be based on a median sale price of
dwellings of a similar type, location and square footage for the prior two years. Cash-in-lieu
payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building in the development subject to this article.
2. Donation of land. Credits for donation of house lots or multifamily parcels. The city may accept
donations to a city-designated community housing nonprofit entity of: (a) ready-to-build house lots; or (b) parcels of land suitable for construction of affordable multifamily housing. Restrictions on the donated lots or parcels will run with the land. Such donations, if approved, will provide
credits against this article's requirements for building lower-priced homes. The credits will be determined as follows:
a. House lots. The value of the lot or lots, as determined by a professional appraisal paid for
by the developer, will be divided by the city's then-current average of cash-in-lieu payments
for homes of different sizes. The product of that division to two decimal points will constitute the credit against the otherwise required number of lower-priced homes.
b. Parcels of land. The city shall periodically adopt a valuation for donation of parcels of land intended for multifamily development, for purposes of determining credits against the number of affordable homes that would otherwise be required in a development subject to this article.
The parcel of land must be zoned for the development of multi-family housing, such as R-3,
R-4 and REMU.
C. Timing of delivery of alternative means of compliance.
1. Timing of providing in-lieu contributions. In-lieu contributions when permitted shall be due and deliverable to the city before the recordation of the affordable housing plan. A developer may propose an alternative to this requirement in which staged contributions are made upon the
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predicted occurrence of certain events, such as the sale of lots, which alternative may be approved at the sole discretion of the city.
2. Staged delivery of in-lieu contributions. In the case of staged delivery of in-lieu contributions, when permitted, the city's determination of the value of each contribution shall take into account the
differential financial value of payments that are made later than recordation of the affordable housing plan using conventional methods of discounting future cash flows to present value.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 6. - BUYER QUALIFICATION AND SUBSIDY RECAPTURE
Sec. 38.43.150. - Qualification of buyers of affordable homes.
A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the following criteria:
1. A household income in the 65 percent—80 percent AMI range, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date
of the purchase. Income verification will be performed using HUD's online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended,
which adjusts gross incomes based on extraordinary expenses and imputation of assets to income.
2. Maximum liquid assets of $25,000.00 at the time of income certification. Exceptions may be granted by the director of community development based on extraordinary circumstances.
3. The household occupying the lower-priced home must meet the definition of "household" in 38.42.1420.
4. The buyer must meet one of the following definitions of "first-time homebuyer":
a. An individual who has had no ownership interest in a principal residence during the three-
year period ending with the date of purchase; or
b. A single parent whose only prior home was owned with a former spouse while married; or
c. An individual who is a displaced homemaker and has only owned with a spouse; or
d. An individual who has only owned a principal residence not permanently affixed to a
permanent foundation in accordance with applicable regulations; or
e. An individual who has only owned a property that was not in compliance with state, local or
model building codes and which cannot be brought into compliance for less than the cost of construction a permanent structure.
5. The buyer must contribute at least $1,000.00 towards the purchase of the home unless waived in writing by the city because of extraordinary circumstances, such as death of primary or
secondary income earner or qualification as displaced homemaker.
6. The buyer must utilize conventional or government-insured fixed-rate first-mortgage financing
with a term of 15 to 30 years.
7. The household in a lower-priced home must occupy the home as its primary residence. Lower-
priced homes may not be rented to another party, since the intent of the program is to provide these homes only for income-qualified owner occupants, with the exception of rentals for a limited
period of time necessitated by a family hardship or a temporary move for one year or less, if approved in advance by the city.
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B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must occupy the home as a primary residence. The developer must provide evidence satisfactory to the city verifying the initial
owner will use the home as their primary residence at time of sale.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.160. - Subsidy recapture for lower-priced homes.
To ensure that the community investment in affordable housing is perpetuated and that beneficiaries
of affordable housing programs do not receive a windfall financial benefit, the city requires repayment of subsidies as follows:
A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received cash support in the form of funds from the affordable housing fund or other funding through the city,
including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay the subsidy, at zero percent interest, when the dwelling or property is sold, transferred, refinanced with equity converted to cash out or when the initial buyer who qualified for the subsidy has failed to abide by the requirements of this article. The subsidy will be recorded
as a lien against the property at the Gallatin County Clerk and Recorders office.
B. Requirement for repayment of non-cash subsidy. Because most or all lower-priced homes will be
sold at a discount from market value, defined as the difference between the appraised value and
the maximum allowed price of a lower-priced home at the time of the initial sale to a qualified buyer, the city commission finds that it gives a subsidy with cash value to the initial buyer which may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-
priced home, the city aims to further its housing affordability goals by recapturing the principal amount of the subsidy by use of a lien in favor of the city in that amount, which will be due and payable to the city, at zero percent interest, when the home is sold or transferred or when the
initial buyer who qualified for the affordable home has failed to abide by the terms of this article. The appraisal used to calculate the amount of subsidy may be the appraisal obtained by the buyer's mortgage lender or, if that is not available, a professional appraisal provided by the
purchaser.
C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund:
1. Down payment assistance for buyers of new or existing homes in Bozeman with household
incomes at or below 80 percent of AMI;
2. Affordable rental opportunities for residents of Bozeman with incomes at or below 60 percent of AMI; or
3. Any other use approved by the city commission that increases affordable homeownership
opportunities for residents of Bozeman with income at or below 80 percent of AMI.
(Ord. No. 1922, § 3, 12-7-2015)
DIVISION 7. - ADMINISTRATION AND ENFORCEMENT
Sec. 38.43.170. - Administration.
A. Director of community development authority. The director of community development or an agent
designated by the city commission shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this
article, unless such authority is expressly reserved to the city commission or another city official, including but not limited to:
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1. Reviewing a developer's affordable housing plan for compliance with this article;
2. Adopting all forms and prescribing the information to be given therein;
3. Monitoring developers' compliance with this article, notifying the developer of noncompliance, and ordering compliance;
4. Imposing any and all sanctions permitted by this article; and
5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to
be published. The director of community development may make de minimis exceptions to the factors considered in calculating the price targets.
B. Administrative manual. The city will publish administrative rules and instructions approved by the city commission, including but not limited to instructions for completing the affordable housing plan,
valuations required by this article, and the distribution of the required number of affordable homes between the two affordable home categories and required number of bedrooms. Such distribution by
affordable home category shall be based primarily upon an assessment by the city of housing needs among the income groups corresponding to each affordable home category, but shall take into account
the economic impact on developments subject to the requirements of this article.
C. Verification of sales prices and income certification prior to closing. The city manager may create
standards for documentation the city will use to verify the sale price of a home created pursuant to this article. For the initial sale of an affordable home, the seller must provide the city with a copy of the
HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in
the current price schedule pursuant to section 38.43.070 plus an allowed maximum of $3,000.00 in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall
require certification satisfactory to the city of homebuyer income qualification.
D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city
will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this article, and if not, respond to the noncompliance as provided in
section 38.43.180.
(Ord. No. 1922, § 3, 12-7-2015)
Sec. 38.43.180. - Noncompliance; sanctions.
A. Discovery of noncompliance. If the city determines a developer subject to an affordable housing plan
has failed to comply with any terms or conditions of the affordable housing plan or this article, the director of community development or authorized agent shall notify the developer of the
noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe a date certain by which the developer must be in full
compliance (which may not be less than one week or more than one year from the date of the notice),
and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions for noncompliance with this notification.
B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with the
approved affordable housing plan or any other recorded documentation obligating developer to comply with this article, the developer must, prior to the release by the city of the dwelling from the affordable
housing plan or binding agreement, pay the city the difference between the sale price and the price of
the affordable home as set out in the approved affordable housing plan.
C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this article, if on a date certain by which compliance has been ordered by the director of community development
or authorized agent, the developer remains in noncompliance, the director of community development or authorized agent shall notify the city attorney of the noncompliance and request that sanctions be imposed. The city shall have the authority to impose one or more sanctions including but not limited to
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the following which the city deems most effective and appropriate considering the nature of the noncompliance:
1. Withholding or revoking building permits;
2. Issuing stop-work orders; and/or
3. Withholding certificates of occupancy.
(Ord. No. 1922, § 3, 12-7-2015)
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