HomeMy WebLinkAbout02-12-18 City Commission Packet Materials - AII6. Ord. 1997 Provisional, Transitional and Emergency HousingPage 1 of 13
18011, Staff Report for the Transitional & Emergency Housing Zone Text
Amendment
Public Hearing Dates: Zoning Commission, February 6, 2018
City Commission, February 12, 2018
Project Description: Zone text amendments initiated by the City Commission during
consideration of the Unified Development Code (UDC) update project to create a
new residential use and assign it to specific zoning districts with associated review
standards and procedures.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval
Zoning Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 18011 and move to
recommend that the City commission adopt Ordinance 1997 the Transitional &
Emergency Housing zone text amendment.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 18011 and move to provisionally adopt Ordinance 1997 the Transitional
& Emergency Housing zone text amendment.
Report Date: January 30, 2018
Staff Contacts: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission Recommendation............................................................................... 3
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - PROJECT BACKGROUND ....................................................................... 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
EXECUTIVE SUMMARY
Project Summary
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code. The
development, review and adoption of the revised Chapter 38 allowed considerable public
comment opportunities. A public request was received for creation of a new land use to
address increasing needs for certain housing options in the community. This issue had not
been included with the required public notice and could not be addressed with the changes
adopted with Ordinance 1978. The City Commission requested that staff respond to the
public comments by initiating a text amendment to enable a full discussion of the matter.
Community Development met with the HRDC staff, refined the text amendment, and drafted
the attached Ordinance No. 1997. The amendment defines Transitional and Emergency
Housing and places this use throughout multiple zoning districts. In addition to modifying
zoning district use tables, a review process and minimum standards of use are proposed.
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This use is distinct from all other residential uses presently in the zoning regulations. For
additional details, see Appendix A.
Ordinance No. 1997, attached to this report, includes all the proposed text amendments. To
augment the record the proposed definition in Section 6 of the ordinance states transitional
and emergency housing is defined as, “The use of a site by a government or non-profit
agency for individuals and/or households who are making the transition from homelessness
to community living or who are in need of emergency housing. Other names for this use
include warming center, transitional shelters, transitional living programs and transitional
housing programs. This type of use may include on-site related services and facilities for
residents and may also include services and facilities for non-residents if permitted by the
underlying zone.”
Unresolved Issues
None identified at this time.
Zoning Commission Recommendation
The City of Bozeman Zoning Commission held public meeting on February 6, 2018 and
consider the text amendment. In conclusion, the Zoning Commission voted 3:1 to
recommend the City Commission adopt the amendments as drafted. For a more complete
report, please refer to the Zoning Commission report memo attached to this report.
City Commission Alternatives
1) Adopt the ordinance as presented,
2) Direct revisions to the ordinance prior to adoption and request staff to respond with
proposed revision for consideration at a future hearing,
3) Do not adopt the ordinance, or
4) Request additional information and continue discussion on the ordinance.
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SECTION 1 - MAP SERIES
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Zoning Map – Detailed map available at Community Development and on-line
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as submitted.
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The Zoning Commission will hold a public hearing on these text amendments on February 6,
2018, at 6 pm in the City Commission room located at 121 N. Rouse Avenue, Bozeman,
Montana.
The City Commission will hold a public hearing on these text amendments on February 12,
2018 in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action;
therefore, the Commission has broad latitude to determine a policy direction. The burden of
proof that the application should be approved lies with the applicant. The criteria below
include separate findings for each text amendment where necessary.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D or is neutral. Zoning 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.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The growth policy does not dictate uses or specific standards to the level of detail
contained in the ordinance. It does identify issues and priorities for consideration and does
contain goals and objectives that are desirable outcomes. There is no prioritization of one
goal or objective over another. In determining appropriateness of a particular zoning
ordinance, the Commission needs to find a balance that best advances the interests of the
community. It is inappropriate to maximize one item to the detriment of the remainder of the
goals and objectives of the document. The City adopted the current edition of the growth
policy, the Bozeman Community Plan, in 2009. The Community Plan consists of 17 chapters
detailing community context, land use, community quality, arts and culture, economic
development to name a few. The text of Chapter 38 as amended is a balance of the various
goals and priorities in the Bozeman Community Plan and advances the plan overall.
A number of goals and objectives in the Bozeman Community Plan apply to this text
amendment. First, Goal H-1 which states, “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.” A community needs a variety of housing stock and
possible configurations to accommodate the diversity in personal circumstances and
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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 1.2 continues by, “Encourage the preservation and rehabilitation of the existing
housing stock to protect the health, safety, and welfare of Bozeman residents.” Finally,
Objective 2.1 states, “Encourage socially and economically diverse neighborhoods.”
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 3.3. – Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman residents.
As described in the rationale for Goal H-3, there are diverse housing needs in a community.
As the community has grown, needs for additional housing types have been identified. In the
past decade the Commission has created new housing types of cottage housing, rowhouses,
and group living to help meet these needs. The proposed amendment continues to create
alternatives to meet presently unmet needs. The proposed amendment does not create a new
building type, rather it creates a new way to use existing building types.
The new use is primarily residential in nature and is proposed to be located in areas where
other residential alternatives are already allowed. This correlation means that the use is
consistent with the future land use map, Figure 3-1, of the Bozeman Community Plan.
Section 3.4 of the growth policy describes the various future land use designations. As
included therein, most of those descriptions include reference to residential as a primary or
supportive use. The proposed amendment does contemplate possible integration of the
residential uses with other uses to provide various services to the residents of Bozeman and
surrounding areas such as medical services or food distribution as well as to on-site residents.
Potentially, some of those supportive services could on their own be an intensive use. The
proposed amendment limits placement of these associated uses to zoning districts where they
are allowed. This will coordinate site specific uses to those allowed in the underlying zone
district and underlying future land use designation. Therefore, the proposed new use is
consistent with the future land use descriptions.
B. Secure safety from fire and other dangers.
Yes. All other applicable development standards and building codes will apply to a proposed
Transitional and Emergency Housing application. These standards and codes are designed to
mitigate impacts, provide a safe environment, and protect from fire and other dangers. The
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City has extensive experience with these standards and monitors and amends standards as
needed. The standards meet this criterion.
Setbacks and other development standards facilitate emergency service access. See also
criterion C.
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 proposed standards are expected to prevent overcrowding or
other negative impacts. The definition of Transitional and Emergency Housing (see Section
6, Ordinance No. 1997) places strict limits on how and whom this use can be used for. In
addition, the requirement that a governmental and/or non-profit organization must own and
operate the facilities provide two critical standards insuring public health, public safety, and
general welfare are promoted.
The Ordinance proposes allowing residential use in commercial and light industrially zoned
areas. Historically the City has purposefully separated these uses in an effort to minimize
non-compatible land use and promote public safety. The City’s evolving development code
furthers controls on land development to minimize this risk it does not eliminate them. On
the other hand, housing is a basic necessity for citizens of the City. Housing type needs vary
greatly and it is the purpose of the City to promote a variety of housing types to meet the
needs of individuals. As noted in the legislative findings 7-13 in Ordinance 1997, provision
of transitional and emergency housing has direct health, safety, and welfare benefits.
Therefore, this criterion is met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Standards for provision of public facilities are not being altered. Standards are proposed
to accommodate parking for this use. All site development must demonstrate availability of
adequate transportation, water, sewer, and park facilities prior to approval. The regulations
are integrated with other City standards in Chapter 40 for provision of and operation of
utilities.
E. Reasonable provision of adequate light and air.
Neutral. The basic standards for setbacks, dedication of parks, on-site open spaces, etc. that
affect this criterion continued with the proposed ordinance. However, building designs and
locations vary by expected use. Industrial building tend not to accommodate residential use
as well as a building designed for such a use. Whether or not a building identified to be used
for Transitional and Emergency Housing use will need to be analyzed for its suitability based
on site-specific considerations. Never the less, building code standards apply which will
insure a modicum of light and air. Minimum standards for windows and air
circulation/venting remain in the building codes.
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F. Effect on motorized and non-motorized transportation systems.
Yes. The proposed amendments support multi-modal transportation by allowing this use and
supporting services in a wide variety of zoning districts. Allowing Transitional and
Emergency Housing in a variety of districts will increase the probability that the site will be
proximate to other City services, motorized transportation facilities, pedestrian connections
and bicycle pathways.
G. Promotion of compatible urban growth.
Yes. The amendments promote the continued growth of the City by providing more urban
development standards. The standards, as shown in other criteria, are consistent with the
development standards and patterns of the City.
H. Character of the district.
Neutral. Expanding residential uses into industrial zones does not appear to be congruent
with the character. For example, the M-1 (Light Industrial) district’s intent is to, “provide for
the community's needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities…” Supporting services
for Transitional and Emergency Housing, however, would support the character of this
district. Many non-residential districts allow for some element of accessory residential use.
For example, the M-1 (Light Industrial) district allows for residential uses on the second
floor. These are usually created for live/work or staff housing but are not restricted to these
purposes. Depending on the scope of the residential use allowed they might be consistent
with the character of the district. Due to the very intensive nature of uses in the M-2 (Heavy
Industrial) district and the small size and specific neighborhood support nature of the B-1
(Neighborhood Business) district the new use is not proposed to be included in those
districts.
Similar residential uses are generally permitted in residential zoning districts. In these cases,
it is the supporting services that may, or may not, be in character of the district. Additional
standards are proposed to minimize conflict and reduce unintended consequences. The
Special Use Permit review process enables a detailed review that is adequate to examine the
specific configuration of uses and the scope of those uses on a specific site. Due to the wide
flexibility of different uses which might be combined under the general heading of
Transitional and Emergency Housing it is appropriate for the City to take an objective and
hard look at any proposal. The Special Use Permit process allows the establishment of site
specific conditions to mitigate reasonably foreseeable impacts on adjacent properties. The
combination of review process, special standards, and proper placement in specific zoning
districts allows this proposal to meet this criterion.
I. Peculiar suitability for particular uses.
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Neutral. No changes to the zoning boundaries are proposed with these amendments. The
location of zoning districts has previously been found to be appropriate. The authorized use
tables have been reviewed for consistency with the intent and purpose of individual districts
and found to be appropriate.
J. Conserving the value of buildings.
Neutral. No changes to the zoning boundaries are proposed that would cause buildings to
become non-conforming to the district in which they are located. Other portions of the
municipal code require buildings to be maintained in a safe and secure condition to avoid
decay and public hazards. The building design standards of Article 5 minimize negative
impacts of development on adjoining properties. The community design standards of Article
4 ensure adequate street circulation, parks, and other necessary features.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. No changes to the zoning boundaries are proposed with these amendments. The uses
authorized in the use tables for each district are consistent with the district purpose. The
zoning boundaries are in substantial compliance with the land use map of the growth policy,
which establishes the broad policy for location of uses. As described in Criterion A, the
proposed zoning is consistent with the growth policy overall. Finally, the amendments allow
greater housing variety to meet the needs of a diverse community.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
For this text amendment application the applicable calculation of protesting owners would
include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners
would include all owners within the affected area. This protest does not apply to provisions
relating to subdivision review as there is no state authority for protest of subdivision regulations.
As of the writing of this report, no written protest against the changes have been received.
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APPENDIX A - PROJECT BACKGROUND
The City has had zoning since 1934. The City has replaced the entirety of its zoning regulations
fifteen times since then and completed over 250 individual amendments to the text. These
regulations have developed over time as the City has grown from 6,855 in 1930 to over 45,000
today. The City Commission and Staff identified a need for a substantial revision to the zoning
regulations to catch up with changing state laws and to meet the needs of the community as it
changes from small town to a city.
As described in the executive summary the Commission directed preparation of the text
amendments described in this report and attached as Ordinance No. 1997. The proposed text
amendment is creating a new use. It is not changing the physical structures or site development
standards of the code. Most of the residential uses allowed in the various residential districts
focuses on the configuration of the building rather than the occupant. For example, a single-
household dwelling is distinguished from a two household dwelling. This addresses how they are
built, with or without shared walls, and what amount of land is required for each but it does not
define who occupies any of the dwellings. Transitional and Emergency Housing focuses on the
characteristics of the use, rather than the building that it may be in.
A comparison of other residential uses to Transitional and Emergency Housing follows.
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Examples of types of organizations which may utilize the Transitional and Emergency Housing
land use are: Haven – emergency shelter for domestic abuse victims, counseling services,
housing while clients reestablish safe housing; HRDC – warming shelter, transitional housing for
persons moving from homelessness to stable housing, persons transitioning between stable
housing locations, counseling and education services; Family Promise – transitional housing for
parents and dependents moving from homelessness to stable housing and employment.
Use Definition Non-City
regulatory
oversight
after
approval
Required
minimum
area
Lot
coverage,
building
height,
lot width
Parking Residency
duration
Maximum
occupancy
in facility
Review
process
Associated
Services
allowed
Community
residential
facilities
with eight
or fewer
residents
38.42.660 Yes –
state
licensing
Minimum
in
district
by
building
type
Per
zoning
district
Per
person
Not
specified
8 P – All
allowed
districts
Yes
Community
residential
facilities
serving nine
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Persons relying on transitional and emergency housing may include: victims of domestic
violence, persons who experienced house fires, persons experiencing loss of employment,
homeless persons of all ages, homeless persons seeking to transition to stable housing and
employment.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on January 21
and 28, 2018 in the Bozeman Daily Chronicle before the public hearings by the Zoning
Commission and City Commission.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Bozeman City Commission, PO Box 1230, Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The complete application includes
presentations, notes, comments, questionnaires used to create the draft code being reviewed.
Draft Ordinance 1997
Zoning Commission report
Public comment
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Page 1 of 10
ORDINANCE NO. 1997
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO AMEND THE UNIFIED DEVELOPMENT CODE, CHAPTER 38 OF
THE MUNICIPAL CODE TO ADD TRANSITIONAL AND EMERGENCY HOUSING AS
AN AUTHORIZED USE.
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 76-2-304, Mont. Code Ann. and the City Charter; 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; and
WHEREAS, the City is authorized by the Section 4.04 of the City Charter and Montana
law to adopt zoning, subdivision, and other land use regulations and provide for the enforcement
and administration of such regulations and otherwise reasonably provide for the orderly
development of the community; and
WHEREAS, during public hearings considering application No. 15320 (the “UDC
Update”) the City Commission directed staff to propose text amendments adding transitional and
emergency housing as an authorized use, to be noticed and brought to the Zoning Commission and
City Commission for consideration; and
WHEREAS, the Bozeman Zoning Commission held a duly noticed public hearing on
February 6, 2018; and voted 3-1 to recommend adoption of the proposed amendments.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
The City Commission hereby adopts the following findings:
1. The above recitals are incorporated herein.
2. The proposed amendments substantially comply with the Bozeman Community Plan (and
other City adopted plans including its facility plans, transportation plan, parks recreation
and open space plan, downtown improvement plan, and economic development plan).
3. The proposed amendments comply with the requirements of Title 76, Chpt. 2, part 3, MCA
(municipal zoning).
4. Public hearings have been duly noticed and held before the Zoning Commission and City
Commission on the proposed amendments.
5. Findings presented to the Commission in staff memorandum for the proposed amendments
are hereby incorporated into findings for adoption of this Ordinance.
6. 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.
7. The 2009 Bozeman Community Plan recognized that homelessness exists in Bozeman.
Local organizations with which the city has partnered on issues of affordable housing and
homelessness, including the Bozeman office of the Human Resource Development Council
(HRDC), have provided the city with recommendations on addressing the housing needs
of residents who are, for whatever reason, temporarily without permanent and secure
housing.
8. According to the National Alliance to End Homelessness (https://endhomelessness.org),
emergency shelters play a critical role in connecting people experiencing homelessness
with stable, permanent housing. People experiencing a housing crisis or fleeing an unsafe
situation need to find temporary housing quickly. Emergency shelters and interim housing
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are part of an effective crisis response system that identifies and quickly connects people
who are experiencing or are at risk of experiencing homelessness to housing assistance and
other services.
9. A study produced by HRDC and the Montana Healthcare Foundation in 2017, Assessing
Community Costs of Chronic Homelessness in the Gallatin Valley, reported each
chronically homeless resident costs Bozeman-area institutions, supported by taxpayers and
charitable donors, more than $28,000 per year.
10. Transitional and emergency housing provides short-term accommodation that assists
homeless residents of the city to secure permanent housing. Because there is a homeless
population in Bozeman, there is a need for transitional and emergency housing within the
city.
11. Transitional housing programs provide individuals and families with safe and supportive
housing along with case management services that enable participants to work toward self-
sufficiency and permanent, stable housing.
12. Authorizing this type of use will allow governmental entities and nonprofit organizations
to accept donated structures in any area of the city and, subject to the requirements of this
Ordinance and other applicable law, repurpose them for this type of use.
13. Authorizing this type of use will promote the health, safety, and welfare of city residents
by ensuring their housing needs are addressed.
Section 2
That division 38.310 of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.030. – Authorized uses – residential zoning districts.
Table 38.310.030.A– Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P= Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; -- = Uses which are
not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
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Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Group residential
Transitional and emergency housing
(38.360.135)* & related services
S S S S S S S S
Sec. 38.310.040. – Authorized uses – commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.C– Permitted residential uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P= Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; -- = Uses which are
not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-1 B-2 B-2M B-3 UMU REMU NEHMU BP M-1 M-2 PLI
Group residences
Transitional and
emergency housing &
related services
(38.360.135)*
-- S S S S S S S S -- S
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Section 3
That section 38.360.135 be added to the Bozeman Municipal Code to read as follows:
38.360 Index of supplemental use criteria
Sec. 38.360.135. – Transitional/Emergency housing.
A. Purpose and intent. The purpose of this section is to provide for the regulation of
transitional/emergency housing and related services to ensure compatibility of uses and to
promote public health, safety and welfare.
B. Applicability. This section applies to all transitional/emergency housing and related
services as defined in 38.700.180.
C. Required standards. All applicable development standards of this chapter apply unless
noted in this subsection C. In addition, the following standards must be met in order for a
special use permit to be granted for the use:
1. Transitional/emergency housing may be provided in:
a. A shared structure on any level where residential use is allowed;
b. A mixed-use structure on any level where residential use is allowed;
c. Detached ground-level units only if the units include individual bathrooms.
2. The structure must be on a permanent foundation.
3. The tract or parcel of land on which the use is proposed must be under single
ownership, or the application for the use must be filed jointly by all of the owners
of the property to be included in the development.
4. On-site facilities and related services are provided only for the residents of the
transitional/emergency housing unless the provision of such services to non-
residents is permitted in the applicable zoning district.
5. This use is exempt from parkland dedication requirements. Open-space
requirements per section 38.520.060 apply.
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6. A management plan from the applicant addressing the following factors:
a. Provision for continuous on-site management from an employee or volunteer
during all hours of operation.
b. Staff training.
c. Intake screening of clients to insure compatibility with services provided at the
facility.
d. Client code of conduct.
e. Provision of on-site storage for clients’ belongings.
f. Security measures to be adopted.
D. Additional criteria. The review authority may, in its sole discretion, apply additional
criteria the review authority deems necessary to mitigate impact(s) of the proposed use as
a condition of approving a special use permit, including but not limited to:
1. The site where such use is proposed is within ¼ mile of a sheltered public transit
stop.
2. Limitation on the maximum occupancy and/or number of beds provided by the
facility.
Section 4
That table 38.540.050-1 of the Bozeman Municipal Code, be amended as follows:
Sec. 38.540.050. – Number of parking spaces required.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Transitional and emergency housing 0.25 spaces per person of approved capacity 1,2
1. A facility may request to provide fewer parking spaces if the applicant provides evidence that some or all
residents are prohibited from operating motor vehicles. Under no condition may less than two parking
spaces be provided. If the use of the facility is altered to serve a different population who may operate
motor vehicles, then the additional required parking must be provided before the change in use may occur.
2. Additional services and facilities to serve non-residents must provide parking in accordance with this Table
38.540.050-3.
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Ordinance 1997, Zone Text Amendments to Add Transitional and Emergency Housing as an Authorized Use
Page 7 of 10
Section 5
That section 38.700.090 of the Bozeman Municipal Code be amended as follows:
Sec. 38.700.090. – H definitions.
Household.
A. A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other duly
authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Persons or groups granted a request for a reasonable accommodation to reside as a single
housekeeping unit pursuant to section 38.35.090.
5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature; or
c. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
d. Any group of individuals living in a structure permitted as transitional or emergency
housing pursuant to this chapter.
Section 6
That section 38.700.180 of the Bozeman Municipal Code be amended as follows:
Sec. 38.700.180. – T definitions.
Transitional and emergency housing. The use of a site by a government or non-profit agency
for individuals and/or households who are making the transition from homelessness to community
living or who are in need of emergency housing. Other names for this use include warming center,
transitional shelters, transitional living programs and transitional housing programs. This type of
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Ordinance 1997, Zone Text Amendments to Add Transitional and Emergency Housing as an Authorized Use
Page 8 of 10
use may include on-site related services and facilities for residents and may also include services
and facilities for non-residents if permitted by the underlying zone.
Section 7
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 8
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 9
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 10
Codification.
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This Ordinance shall be codified as indicated in Section 2 through 6.
Section 11
Effective Date.
This ordinance shall be in full force and effect on March 31, 2018.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 12th
day of February, 2018.
____________________________________
CYNTHIA L. ANDRUS
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 26th
day of
February, 2018. The effective date of this ordinance is March 31, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
359
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Martin Matsen, Director of Community Development
SUBJECT: Emergency Housing Text Amendments Zoning Commission
Report, Ordinance No. 1997.
MEETING DATE: February 12, 2018
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: Not applicable.
RECOMENDATION: For your consideration.
This memo is the report from the February 6, 2018 Zoning Commission meeting.
The Zoning Commission considering the Transitional and Emergency Housing text amendment
detailed in Ordinance No. 1997. The Commission’s discussion zeroed in on two related concerns.
Potential impacts the use may have on existing properties and the proposed review process.
Two members of the public commented on the proposal, both representing the Human Resource
Development Council (HRDC). The comments were to allow Transitional and Emergency
Housing on the ground floor in districts were residential uses are not permitted to be located there.
See the comment letter from the HRDC dated February 6, 2018.
The Zoning Commission moved to amend the main motion to limit the use to the B-2, M-1, and
R-o districts. The motion failed by lack of a second.
A second amendment was made to amend the motion to change the review process from a Special
Use Permit to a Conditional Use Permit process. The amendment failed on a 2:2 vote.
In conclusion, the Zoning Commission voted 3:1 to recommend the City Commission adopt the
proposed text amendments as proposed in Ordinance No. 1997.
The video record can be viewed HERE.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As determined by the City Commission
FISCAL EFFECTS: None identified.
Report compiled on: February 7, 2018
Attachments: None
360
361
362
or more
residents
38.42.660 Yes –
state
licensing
Minimum
in
district
by
building
type
Per
zoning
district
Per
person
Not
specified
As
approved
in zoning
review
P – R4,
R5, RO;
C – R3
Yes
Cooperative
household
38.42.760 No Minimum
by
district
by
building
type
Per
zoning
district
Per
person
>30 days As
approved
in zoning
review
C – R1,
R2,
RMH; P
– R3,
R4, R5,
RO
No
Group living 38.42.1275 No Per
Person
by
district
Per
zoning
district
Per
person
>30 days As
approved
in zoning
review
P – all
allowed
districts
Yes
Household 38.42.1420 No Minimum
in
district
by
building
type
Per
zoning
district
Per
bedroom
in
dwelling
>30 days 4
unrelated
or as
allowed
in
definition
P- all
allowed
districts
No
Lodging
houses
38.42.1660 No Minimum
in
district
Per
zoning
district
Per
person
Not
specified
10 P – R4,
R5, RO;
C – R3
No
Transitional
and
Emergency
Housing
See Ord
1997
Yes –
sponsoring
agency or
non-profit
Minimum
in
district
Per
zoning
district
Per
person
Not
specified
As
approved
in zoning
review
S – all
allowed
districts
Yes
348