HomeMy WebLinkAboutOrdinance No. 1976 (B-2M Parking) DraftPage 1
ORDINANCE NO. 1976
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT CODE, SECTION
38.25.040 TO SET MINIMUM OFF-STREET PARKING REQUIREMENTS FOR THE
B-2M DISTRICT.
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 to Section
76-2-304, MCA to protect public health, safety and welfare; and WHEREAS, the City amends
zoning regulations from time to time to respond to changes in state law and changing community
needs and to further the growth policy goals and objectives.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The City relies upon the standards and definitions within the unified development code
(UDC), Chapter 38, BMC to enable the development of the City in a manner which
avoids conflicts between land uses, provides efficient delivery of services, enables public
notice of and comment on development which may affect residents and land owners, and
provides predictability in government actions.
2. The City relies on zoning regulations to implement the growth policy and adopted plans.
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 2
3. The UDC is revised as needed to insure an efficient use of infrastructure and the public
good.
4. The community need for a particular regulation will vary over time, and therefore it is
appropriate to reevaluate the adopted standards from time to time.
5. The City created the B-2M zoning designation during the first phase of the update of the
UDC in April 2016.
6. The standards of the B-2M zoning district allow new buildings to be built closer to the
street, encourage ground floor commercial, and require parking to be located on the side
or at the rear of structures.
7. The Bozeman Community Plan (growth policy) identifies goals and objectives that
further urban renewal and economic stability for the prevention and elimination of blight.
8. The City Commission, pursuant to Resolution 3839, found that blighted areas exist within
the North Seventh Avenue Corridor in Bozeman and that “the rehabilitation,
redevelopment, or a combination thereof of such area or areas is necessary in the interest
of the public health, safety, morals, or welfare of the residents of such municipality.”
9. Land Use Objective LU-2.3 of the growth policy encourages redevelopment and
intensification, especially with mixed uses, of brownfields and underutilized property
within the City consistent with the City’s adopted standards.
10. Land Use Objective LU-4.4 of the growth policy encourages the review and revision of
City regulations to encourage and support sustainability in new construction and
rehabilitation or redevelopment of existing areas.
11. Community Quality Objective C-2.5 of the growth policy encourages innovative parking
solutions for both residential and commercial projects, including parking best practices.
12. Reducing parking minimums promotes community goals of decreasing housing costs,
encouraging infill development, and reutilizing older buildings because parking
requirements increase the cost of housing, prevent infill development on small lots where
it is difficult to build all the required parking, and prohibit new uses for older buildings.
Donald Shoup, “Cutting the Cost of Parking Requirements”, ACCESS Magazine (Spring
2016).
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 3
13. Reducing minimum parking requirements assists the Midtown Urban Renewal District in
achieving the goals outlined in the 2015 Midtown Urban Renewal Plan (Midtown Urban
Renewal Plan) by… “promoting human scale urban design and supporting urban density
mixed land uses.”
14. Addressing Growth and Change Objective G-1.3 of the growth policy requires
“development to mitigate its impacts on our community as identified and supported by
evidence during development review, including economic, health, environmental, and
social impacts.”
15. A study of parking in the Midtown Urban Renewal District by Leland Consulting Group
and Rick Williams Consulting found an oversupply of parking during peak utilization,
which provides ample opportunity for shared parking, the use of existing unused parking
resources, and other innovative parking solutions to mitigate the parking related impacts
of new development in the Midtown Urban Renewal District. One of the five goals of the
Midtown Urban Renewal Plan is improving multi-modal transportation. The Midtown
Urban Renewal District has dedicated funding for the construction of shared paths, new
sidewalks and enhanced pedestrian crossings. These improvements reduce dependency
on motorized vehicles and demand for parking.
16. Reducing minimum parking requirements encourages development projects to provide
parking based on projected demand, while allowing for shared parking arrangements and
other market-based solutions.
17. Reducing minimum parking requirements may encourage the private sector to work
cooperatively with the City to consolidate parking in strategically located larger lots and
parking structures, which increases the efficient provision of parking and decrease
vehicle trips, while making the area more pedestrian oriented.
18. The proposed text amendments are consistent with the intent and purpose of Chapter 38,
BMC as set forth in Section 38.01.040.
Section 2
That Section 38.25.040.A of the Bozeman Municipal Code be amended as follows:
1. Residential uses.
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 4
a. Minimum requirements. The number of spaces shown in Table 38.25.040-1
shall be provided subject to the adjustments allowed in this subsection 1. …
Table 38.25.040-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5 and B-2M districts)
One-bedroom 1.5 (1.25 in R-5 and B-2M districts)
Two-bedroom 2 (1.75 in R-5 and B-2M districts)
Three-bedroom 3 (2.5 in R-5 and B-2M districts)
Dwellings with more than three
bedrooms
4 (3 in R-5 and B-2M districts)
Group homes and community
residential facilities
0.75 spaces per person of approved capacity 1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3
district
1
Group living /cooperative
household/fraternity/sorority
1 space per resident 1
2. Nonresidential uses.
. . .
c. Adjustments to minimum requirements.
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 5
(7) In the B-2M district, one parking space for each 24 uninterrupted linear feet of available
street frontage usable for on-street parking directly adjacent to a lot may be deducted from the
total parking spaces required for a development. For developments with both residential and non-
residential uses, such parking may only be used to meet the parking requirements for the use
closest to the subject parking spaces. The width of drive accesses, designated non-parking areas,
vision triangles, and similar circumstances cannot be considered when calculating the required
number of on-street parking spaces.
. . .
6. B-2M district
a. Minimum requirements. The number of spaces shown in Table 38.25.040-7 shall
be provided subject to the adjustments and exceptions allowed in this subsection
6. The director of community development will determine the appropriate
classification of a particular use pursuant to 38.07.050.A.
b. Maximum parking. Provision of parking spaces in excess of the minimum number
of spaces required in Table 38.25.040-3 is not permitted.
Table 38.25.040-7
Use Minimum Parking Spaces
Required
Minimum Bicycle Parking Spaces
Required
Residential 1 per unit 1 per unit
Commercial 2 per 1,000 square feet of
gross floor area
1 per 1,000 square feet of gross
floor area
Restaurant (stand-alone) 5 per 1,000 square feet of
gross floor area
5 per 1,000 square feet of gross
floor area
Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment
Center
5 per 1,000 square feet of
gross floor area
5 per 1,000 square feet of gross
floor area
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 6
Manufacturing 2 per 1,000 square feet of
gross floor area
2 per 5,000 square feet of gross
floor area
c. Adjustments to minimum requirements. No reductions in required parking spaces
may be taken for any development within the B-2M zoning district, except pursuant
to 38.25.050, Joint use of parking facilities.
d. Standards. When parking is provided, all standards for design, maintenance and
landscaping of the parking area and bicycle parking facilities as outlined in article 25
of this chapter apply.
e. Requirements within an urban renewal district in the B-2M zoning district. The
minimum parking requirements of this section do not apply within the Midtown
Urban Renewal District the boundary of which is described in the Midtown Urban
Renewal Plan adopted pursuant to Ordinance 1925 and incorporated herein. All
other requirements of this section, including bicycle parking, maximum parking and
standards when parking is provided, are applicable.
f. Off-site parking. Any off-site parking used to meet the requirements of this
chapter for development in the B-2M zoning district must comply with
38.25.060, except that off-site parking for multiple household dwellings may
not be located more than 1,000 feet from any commonly used entrance of the
principle use served.
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.
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 7
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.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 8
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the day of , 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
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
____________________, 2017. The effective date of this ordinance is __________ __, 2017.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney