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Home My WebLink About17- Ordinance 1971 Affordable Housing Lot Size Averaging Text Amendment o DO o � N tp,1a I ORDINANCE NO. 1971 F E AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND SECTION 38.08.040 OF THE MUNICIPAL CODE TO ALLOW AVERAGING OF LOT SIZES FOR TOWNHOUSES IN RESIDENTIAL ZONING DISTRICTS. is ;I WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and Montana law to promote public health, safety and welfare and otherwise execute the purposes of Section 76-1-102, 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 is 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, legal decisions, and changing community needs; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZE MAN, MONTANA: s Section 1 Legislative Findings: IN 1. The city relies upon the standards and definitions within chapter 38 to enable the development of the city in a manner that avoids conflicts, enables public notice of and S I; Page 1 of 7 Ordinance 1971, Townhome Lot Area Averaging Text Amendment comment on development that may affect residents and landowners, and provide predictability in government actions. 2. The city supports development of affordable housing, and has adopted specific standards to encourage its construction. 3. Lot size averaging enable greater latitude in subdivision design while preserving the fundamental design characteristics needed to protect public health, safety, and welfare. 4. Lot size averaging for townhouses is allowed in some zoning districts and no problems from its use have been documented. Section 2 The Bozeman Municipal Code is amended by revising 38.08.040 to read as follows: Sec. 38.08.040. -Lot area and width. A. All lots shall have a minimum area asset forth in Table 38.08.040-1 below and are cumulative. These minimums assume a lack of development constraints. Each lot must have a usable lot area of at least 50 percent of the total minimum lot area. Lots less than 3,000 square feet or 25 feet wide may limit their ability to comply with other required standards of the municipal code. Table 3 8.08.040-1 Lot Area Table Minimum Lot Area in Square Feet R-S R-1 1 R-2 R-3 I R-4 I R-5 R-O RMH See subsection C 5,000 5,000 5,000 5,000 3,000 5,000 5,000 Single-household dwelling of this i i i 1 1,9 r t section Single-household dwelling (only for dwellings to satisfy 2 700 a 2,700 2,700 2,700 2,700 2,700 2,700 2,700 minimum requirements of 8 8 8 8 8 8 8 chapter 38, article 43) 7 Two-household dwelling - 6,000 16,000 16,000 5,000 16,000 1 - Two-household dwelling(only _ _ 2,500 2,500 2,500 2,500 2,500 - for dwellings to satisfy Page 2 of 7 Ordinance 1971, Townhome Lot Area Averaging Text Amendment minimum requirements of chapter 38, article 43) 7 Lot area per dwelling in three- or four-household dwelling - - - 3,000 3,000 Noo e 3,000 - configurations Lot area per dwelling in three- or four-household dwelling configurations (only for _ None 2,500 2,500 2 500 dwellings to satisfy minimum to ' requirements of chapter 38, article 43) Townhouses _ 3,000 3,000 3,000 None 3,000 6 2 2 9,10 2 Townhouses(only for dwellings to satisfy minimum 2,500 2,500 2,500 2,500 None 2,500 2,500 requirements of chapter 38, 2,50022 2 2 2 9,10 2 2 article 43) Apartments-first dwelling - - - - 5,000 N10 e 5,000 - Apartments-each dwelling - - 1 200 None 1,200 - after the first 10 Apartments- each dwelling after the first(only for dwellings to satisfy minimum - - - - 900 N 10ie 900 - requirements of chapter 38, article 43)7 Additional area required for an 1,000 4 1 000 1,000 1,000 1,000 None 1,000 accessory dwelling unit 3 s 5 5 10 5 - 5,000 5,000 5,000 5,000 None 5,000 5,000 All other uses 5,000 ' 1 [ 1 1 to i 1 i` i Notes: R k 1 In order to comply with the standards contained in this chapter,lot area in excess of the required minimum may be needed; for example for corner lots,parking,landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. Page 3 of 7 Ordinance 1971, Townhome Lot Area Averaging Text Amendment 'For townhouse clusters the lot area per dwelling may be averaged within the townhouse cluster in an individtial ATuet -e shall be 3,000 s"afe f o+. 3 As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter. 4 Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. s Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.22.030. 6 Per townhouse lot. May only be utilized in developments subject to chapter 38, article 43. 'A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060, Mix and Price of Dwelling Units 9 Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the affordable housing provisions of article 43 of this chapter. io Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and private utilities. Table 38.08.040-2 Lot Width Table Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH See Single-household subsection 50/40 50/40 2 2 35/25 a' 2 50/40 dwelling C of this 2 2 50/40 50/40 4 50/40 2 section Single-household See dwelling(only for subsection dwellings to satisfy 30 30 30 30 30 30 30 requirements of C of this section chapter 10, article 8) Two household - 60/50 60/50 Z 50/50 z 50/40 z 50/5 0 z - dwelling 2 Accessory dwelling 50/40 60/50 2 2 3 2 unit 50 2 2 60/50 60/50 None 60/50 - Page 4 of 7 Ordinance 1971, Toxmhome Lot Area Averaging Text Amendment Dwellings in three- or four-household 60 60 None 3 4 60 - dwelling configurations j Width Width Width Width Townhouses 30 30 30 of of of of interior interior interior interior units 4 units 4 units 4 units 4 See All other uses subsection SO SO SO SO None 3 4 50 50 C of this section Notes: s Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to 38.22.030. 2 When the lot is adjacent to an alley and vehicle access is taken only from that alley. 3 Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. a Lot width is subject to 38.24.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access,street trees, on-street parking, garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private T utilities. x C. Lot area and width for R-S residential suburban lots. 1. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in article 20 of this chapter and in compliance with the adopted city growth policy. Unless otherwise approved through the planned unit development process,the average lot size shall be one acre. 2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to article 35 of this chapter. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lofts if less than 3 one-half acre in area and/or 100 feet in width and subject to article 32 of this chapter. D. Lot area and width maybe reduced to allow a density bonus through the PUD process.Amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in section 38.20.090.E.2.b(6). Page 5 of 7 j4 .'R 9 i Ordinance 1971, Townhoine Lot Area Averaging Text Amendment Section 3 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 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 Codification. This Ordinance shall be codified as indicated in Section 2. Effective Date. Page 6 of 7 Ordinance 1971, Townhome Got Area Averaging Text Amendment 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 6th day of March, 2017. D CARSON TAYLOR °�� 2�, ' Mayor ♦. • • ATTEST: =,� •• i.�?9' U • �-,ram : * • ROB N CROUGH �• 83 City Clerk �•r." n e r l7 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 20th of March 2017. The effective date of this ordinance is April 22, 2017. CARSON TAYLOR Mayor ATTEST: 02 R BI ROU(x • • '� • City Clerk • U a - .: - •z �'��.• ��3.1� APPROVED AS TO FORM: L�PIN co GR SULLIVAN City Attorney Page 7 of 7