HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4a. Ord 2041 ADUs in R-S and R-1 Zoning Districts App 20035Page 1 of 13
20035 City Commission Staff Report for a Text Amendment to the Bozeman
Municipal Code to Allow Detached Accessory Dwelling Units as a Principal
Use in R-S and R-1 Zoning Districts
Public Hearings:
Zoning Commission – Tuesday, July 14, 2020 at 6:00 p.m. The meeting was held via
WebEx. https://media.avcaptureall.com/session.html?sessionid=ac75d7c9-07cf-
47f0-b6c8-85407e6ee82e&prefilter=654,3835
Bozeman City Commission - Monday, August 3, 2020 at 6:00 pm. Meeting to be
held via WebEx. Information regarding how to participate in this hearing will be
posted on the City Commission agenda, published at least two business days in
advance of the hearing. Find upcoming City Commission agendas and materials at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=51769&row=1&dbid=0
Project Description: Authorize detached Accessory Dwelling Units (ADUs) in Residential
Suburban (R-S) and Residential Low Density (R-1) zoning districts as a principal
use, rather than a special use.
Project Location: The proposed amendment would apply City-wide to all Residential
Suburban (R-S) and Residential Low Density (R-1) zoning districts.
Recommendation: Meets standards for approval of Ordinance 2041.
Recommended City Commission motion: Having reviewed and considered the proposed
action in the Bozeman Community Housing Action Plan, staff report, public
comment, and all information presented, I hereby adopt the findings presented in t he
staff report for application 20035 and provisionally adopt Ordinance 2041.
Report: 7/15/2020
Staff Contact: Kelley Rischke, Assistant City Attorney
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on a recommendation in the Bozeman Community Housing Action Plan
and staff analysis.
Unresolved Issues
None.
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Project Summary
In 2019, the City of Bozeman (City) conducted a community housing needs assessment study
that indicated a need for up to 6,340 housing units over the next five years to address the
Bozeman’s housing shortfall for residents and the workforce to keep up with job growth.
The Bozeman Community Housing Action Plan (Action Plan) was developed to provide
strategies and a timeline to achieve priority strategies to meet the needs identified in the 2019
study. One strategy identified in the Action Plan to increase affordable housing in the rental
market is to “explore removing special use permit requirements for a detached ADU in R-1
zone to allow by-right.”1
Staff determined that the proposed action would remove one potential regulatory barrier to
home owners building an ADU on their property in R-S and R-1 residential areas, which
would contribute to the housing stock in Bozeman. Staff prepared Ordinance 2041 to act
upon the recommendation of the Action Plan and amend the Unified Development Code
(UDC) to authorize ADUs in R-S and R-1 zoning districts as a permitted use, rather than a
special use. The Ordinance revises tables 38.310.030.A (Permitted general and group
residential uses in residential zoning districts) and 38.360.040 (ADU use table in residential
zoning districts) to remove in each the designation that detached accessory dwelling units are
a special use, replacing each with a designation that detached accessory dwelling units are a
principal use. Staff notes that ADUs have been permitted as principal uses in the R-S and R-1
districts for years if they were attached to the primary home. Therefore, the proposed
amendment is limited in scope and effect on the two affected districts.
In addition to these substantive changes, the Zoning Commission recommended editing
Table Note 1 of 38.360.040 for clarification. The edit is not substantive and does not change
the current requirement for a property owner to occupy one of the dwelling structures – either
the principal home or the ADU – on the property in R-S and R-1 zoning districts. The edit
was suggested through public comment and supported by staff.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
4.2 High Quality Urban Approach
Continue to support high-quality planning, ranging from building design to neighborhood
layouts, while pursuing urban approaches to issues such as multimodal transportation, infill,
density, connected trails and parks, and walkable neighborhoods.
1 See Bozeman Community Housing Action Plan, April 9, 2020 Amended Version, page 16.
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4.5 Housing and Transportation Choices
Vigorously encourage, through a wide variety of actions, the development of sustainable and
lasting housing options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
Zoning Commission
The Zoning Commission held their public hearing on July 14, 2020. The Commission
recommend approval of the Ordinance, with one amendment, by a vote of 3-1. The recording
of the meeting is available at:
https://media.avcaptureall.com/session.html?sessionid=ac75d7c9-07cf-47f0-b6c8-
85407e6ee82e&prefilter=654,3835. Discussion of this amendment begins at 6:24:19 on the
recording.
Alternatives
1. Approve the Ordinance as presented;
2. Approval of the application with modifications to the recommended zone text edits and
direct Staff to revise the associated ordinance;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................ 2
Strategic Plan ..................................................................................................................... 2
Zoning Commission ........................................................................................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
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SECTION 1 - MAP SERIES
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The proposed amendment is applicable City-wide in all Residential Suburban (R-S) and
Residential Low Density (R-1) zoning districts shown in green and yellow respectively in the
map above.
The complete Zoning Map is available through the City’s website: www.bozeman.net. An
interactive map viewer including zoning boundaries is available at
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning.
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the staff recommends
approval as amended by the Zoning Commission and detailed in the Ordinance.
The Zoning Commission held a public hearing on this Zone Text Amendment on July 14,
2020 at 6 pm and recommended approval of the Ordinance with one amendment, which is
reflected in the current draft Ordinance 2041 presented to the City Commission.
The City Commission will hold a public hearing on this Text Amendment on August 3, 2020
at 6:00 p.m. Public notice, including ways to participate in the hearing, will be provided at
least two business days in advance of this public hearing. Find City Commission agendas
and materials at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=51769&row=1&dbid=0
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval, the advisory boards and City Commission must
consider the following criteria (letters A-K). Because an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regard to each of these criteria. To
approve the text amendment, the Commission must find the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria
are met, staff considers the entire body of regulations for land development. Standards which
prevent or mitigate negative impacts are incorporated throughout the entire municipal code
but are principally found in Chapter 38, the Unified Development Code.
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed text amendment (as presented by staff in the Draft Ordinance) is in
accordance with the adopted growth policy. Allowing ADUs by-right, rather than as a special
use, in R-S and R-1 districts should incentivize homeowners and developers to provide
additional dwelling units to address the shortfall in housing stock Bozeman is projected to
experience. Additionally, this proposed text amendment is expected to provide more
affordable rental options because ADUs are limited in size to 600 square feet and reduce
necessary travel distances for some residents thereby curtailing sprawl and allowing the
potential for higher density in residential areas with minimal impact on neighborhoods.
In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The following statements from
the adopted growth policy support this zone text amendment:
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the
concerns being addressed (Page 1-3).
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city (Page 1-4).
Objective LU-1.2: Review and revise regulatory standards and City policies to ensure
that develop [sic] advances the vision, goals, and objectives of this plan, and sprawl,
as defined in Appendix K, is discouraged.
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.
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. (Page 4-3).
Objective H-1.1: Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
Objective H-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.
Objective H-2.3: Support infill development and the preservation of existing
affordable housing and encourage the inclusion of additional affordable housing in
new infill developments.
Goal H-3– Encourage an adequate supply of affordable housing and land for
affordable housing.
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Rationale: There will always be a portion of the population which earns less than the
median income. This may be for many reasons. This affects the ability to find market
rate housing which is adequate for basic housing needs. Lack of adequate housing
effects health, social stability, and many other issues which can have severe negative
and inter-generation effects.
Objective H-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.
Bozeman has strong ongoing demand for housing. There is also a strong demand for
temporary housing that competes with long term housing needs. It is important to note that
detached ADUs in R-S and R-1 zoning districts would not be allowed to be used as short
term rentals, pursuant to table 38.310.030.B, which indicates that a Short Term Rental (Type
2 or Type 3) is a use that is not permitted.
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
C. Promote public health, public safety, and general welfare.
Yes. One of the goals of allowing ADUs as a principal use in R-S and R-1 zoning districts is
to encourage existing infill properties within the City to develop. Infill development can help
promote public health, safety and general welfare as stated in the Bozeman Strategic Plan, A
Well Planned City, Item 4.1: “b) Develop and Align Infill Policies - Develop, adopt and align
city policies for infill and redevelopment, economic development and public infrastructure.”
As noted in Criterion 1, Goal H-3, adequate housing has a substantial effect on health, safety
and welfare. The proposed amendment provides additional opportunity for housing. The
City’s adopted design and construction standards for ADUs have been found to meet this
criteria or have been adopted by the Montana Department of Labor and Industry to protect
the same interests. While there is no guarantee that additional housing will occur as a result
of this amendment, it does make it easier to construct a detached ADU in two zoning
districts. The construction standards of the building code and other regulations are not altered
by this amendment.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. Expanding the types of principal uses in the R-S and R-1 zoning districts does not
change the requirements related to transportation, water, sewerage, schools, parks or other
public requirements. The opportunity to construct ADUs already existed in these two
districts. The standards for actual construction are not being amended. It promotes infill and
walkability, potentially reduces travel times, and supports a wider range of affordable
housing in existing residential neighborhoods.
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The elements noted in this criterion are addressed primarily by the City’s long-range facility
Plans, the City’s capital improvements program, and development standards adopted by the
City. The development standards set minimum sizing and flow requirements, require
dedication of parks, provision of right of way for people and vehicles, keep development out
of floodplains, and other items to address public safety, etc.
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. All zoning districts in Bozeman enable a wide range of uses
and intensities.
This is reinforced by Section 38.300.020.C (BMC): “Placement of any given zoning district
on an area depicted on the zoning map indicates a judgment on the part of the city that the
range of uses allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate review
procedure and compliance with all the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the cost
of extending services.”
Before any ADU newly authorized by the proposed ordinance could be constructed, the
landowner must demonstrate compliance with all City standards. This ensures that adequate
services and infrastructure are available at time of construction.
E. Reasonable provision of adequate light and air.
Yes. Bozeman has established generally applicable standards for setbacks, park dedication,
on-site open space, and building design standards to address this requirement. In addition,
the building codes have standards for ingress and egress, ventilation, and related subjects that
further support delivery of adequate light and air. Allowing ADUs in low density residential
zones will not impact these existing standards related to providing adequate light and air. A
detached ADU is constructed in an accessory building subject to limitations on size and
placement that protect availability of adequate light and air. The accessory building could be
constructed in the same location and size whether or not an ADU is included with initial
construction.
F. The effect on motorized and non-motorized transportation systems.
Neutral. This text amendment may result in modestly more intense development than
existing regulations. For example, additional residents in these low density residential
neighborhoods may generate more traffic and require more parking. However, compliance
with the adopted Plans and standards, such as the ADU standards found in 38.360.040,
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including an occupancy limit of two persons and requiring one paved off-street parking space
for the exclusive use of the ADU, will provide adequate capacity to offset any increases and
ensure negative impacts are mitigated. The amendment revises the process to approve the
use, not the authorization to have the use.
G. Promotion of compatible urban growth.
Yes. Allowing ADUs as a principal use in R-S and R-1 zoning districts is intended to both
increase flexibility for existing developed sites and to promote building on undeveloped or
underutilized lots and properties within city limits.
Section 38.700.040, BMC defines the factors considered in determining compatibility. This
definition explicitly rejects uniformity as being necessary for compatibility. Compatibility is
considered within districts, as well as between districts. The determination of compatibility
happens at several levels, including what uses are allowed within each district; creation of
standards for new development to lessen impacts to adjacent and/persons; creation of
building and site design standards.
One element that this criterion seeks to answer is: what combination of uses under what
conditions can work well together? In this case, the primary uses in the R-S and R-1 districts
are low density residential units, such as single-household homes. Allowing additional
small, detached dwellings for residential uses are compatible because the primary use,
residential dwellings, is the same.
H. Character of the district.
Yes. Zoning indicates the character of an area by applying use and development standards to
individual properties.
Pursuant to the design requirements found in the ADU standards of 38.360.040, “detached
ADUs, including second story additions on detached garages may be approved only if found
compatible and consistent with the existing character and fabric of the neighborhood. The
review authority must consider placement and size of windows, decks, balconies, fencing,
landscape screening, and height and massing of the structure to minimize impacts to adjacent
properties.” Staff finds that the changes, as proposed in the Draft Ordinance, do not create any
additional conflicts with other sections of the code.
In fact, the UDC currently allows attached and detached ADUs in every single residential
zoning district, as demonstrated in Table 38.360.040:
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Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 RMH REMU
Detached
ADU 2 & 3 S S P P P P — P
Attached
ADU 2, 3 & 4 P P P P P P — P
Owner
occupied
Yes
1
Yes
1
Not
required
Not
required
Not
required
Not
required — Not
required
Therefore, the proposed change merely changes the process that homeowners must pursue in
order to build a detached ADU in R-S and R-1 zoning districts by reducing the time and
expense required to process an application as a special use.
The City authorized ADUs in both the R-S and R-1 districts in 1996. The proposed amendment
does not add a new use to either district. It does make it easier to construct a detached ADU.
A detached ADU is constructed in an accessory building subject to limitations on size and
placement that protect availability of adequate light and air. The accessory building could be
constructed in the same location and size whether or not an ADU is included with initial
construction.
I. Peculiar suitability for particular uses.
Yes. Low density residential zoning districts are particularly suitable for detached small
dwelling units, such as ADUs because the principal use of these districts, residential use, is
enhanced.
J. Conserving the value of buildings.
Yes. Allowing additional flexibility for uses will likely enhance the value of existing
buildings in this zone. Changes that increase opportunities only increase the potential
functional utility of a property.
Assertions that allowing a more intensive zoning may lessen values on adjacent properties is
best addressed under the guideline regarding the character of the district. The financial value
of land changes constantly based on many factors. Properties considered undesirable at one
time may be sought after as circumstances change or the reverse. Value may be primarily in
the eye of the beholder and not supported by neutral and objective evaluation.
There is no defined decline in financial value or utility that proves an automatic failure of this
guideline. Encouraging the most appropriate use of land connects back to criterion related to
compliance with the growth policy suitability for particular uses.
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K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The intent of the Residential Suburban and Residential Low Density districts are
defined in the Unified Development Code as follows:
R-S: “…to commemorate and preserve existing R-S zoning only.”
R-1: “…to provide for primarily single-household residential development and related
uses within the city at urban densities.”
Allowing ADUs of-right in these districts does not significantly impact the intent of either
district or the most appropriate uses of land zoned R-S and R-1. Staff does not find that the
intent needs to be modified to allow these expanded uses. The adoption of a change to the
allowed use table demonstrates that the new uses are considered to be additional residential
dwellings of a type that blend well with adjacent land uses.
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.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - NOTICING AND PUBLIC COMMENT
This Text Amendment notice was submitted for publication in the Bozeman Daily Chronicle
on 6/28/2020, 7/12/2020, and 7/26/2020. As a text amendment no posting or mailing
requirements apply.
One public comment was offered in support of all proposed text amendments at the Zoning
Commission hearing. The comment begins at approximately 6:07:26 on the recording.
Additionally, three submissions regarding this topic were received by the City through its
online UDC Community Platform, which is intended to solicit proposals to amend the UDC.
It is not intended as a medium to provide public comment, but the submissions are relevant to
the Commission’s consideration of this draft Ordinance and have been provided as part of the
Commission materials. The submissions from Ryan Krueger are intended to be two
alternative options. The Zoning Commission agreed with Mr. Krueger’s comment to clarify
the language in Table Note 1 of 38.360.040 and voted to recommend approval the Ordinance
as amended.
No other public comments have been received as of the writing of this Staff Report. Any
further public comments received by the City will be provided to the City Commission.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING
STAFF
Applicant/Representative: City of Bozeman, Department of Community Development, PO Box
1230, Bozeman MT 59771.
Report By: Kelley Rischke, Assistant City Attorney
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft Ordinance 2041
Submissions to the UDC Community Platform related to ADUs in residential zoning
districts
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Page 1 of 8
ORDINANCE NO. 2041
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLE 38.310.030.A AND 38.360.040 OF THE BOZEMAN
MUNICIPAL CODE TO ALLOW DETACHED ACCESSORY DWELLING UNITS AS A
PRINCIPAL USE IN R-S AND R-1 ZONING DISTRICTS AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City has adopted 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 Bozeman Community Plan supports increased density in residential
zoning districts; and
WHEREAS, the City desires to support increased density in R-S and R-1 zoned districts
by making detached accessory dwelling units a principal use, rather than a special use, in R-S and
R-1 districts; and
WHEREAS, it is in the interests of the City and public welfare to allow a detached
accessory dwelling unit as a principal use in R-S and R-1 zoning districts.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That table 38.310.030.A – Permitted general and group residential uses in residential zoning
districts, 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.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
General residential
Accessory dwelling units* - attached
(38.360.040) P P P P P P P —
Accessory dwelling units* -
detached (38.360.040) S P S P P P P P P —
Apartments/apartment building* — — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on permanent
foundations(38.360.160)* P P P P P P P P
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Manufactured home communities* — — — — — — — P
Single-household dwelling
(38.360.210) P P P P P P P P
Two-household dwelling
(38.360.210) — — P P P P P —
Three household dwelling or four-
household dwelling (38.360.210) — — — P P P P —
Townhouses* & rowhouses* (two
attached units)(38.360.240) P 2 P2 P P P P P P 3
Townhouses* & rowhouses* (five
attached units or less) (38.360.240) — — — P 3 P P P —
Townhouses* & rowhouses* (more
than five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential facilities*
with eight or fewer residents P P P P P P P P
Community residential facilities*
serving nine or more residents — — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
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Transitional and emergency housing
(38.360.135)* and related services S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined
by the underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies over a
non-residential designation the primary use shall be office and other non-residential uses. Primary
use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in developments subject
to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Section 2
That section 38.360.040 – ADU use table in residential zoning districts, of the Bozeman
Municipal Code be amended as follows:
Sec. 38.360.040. - ADU use table in residential zoning districts.
Table 38.360.040
ADU use table in residential zoning districts
Table clarification:
1. Uses: P = PermittedPrincipal; S = Special uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. 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.
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 RM
H REMU
Detached ADU 2 & 3 S P S P P P P P — P
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Attached ADU 2, 3 & 4 P P P P P P — P
Owner occupied Yes 1 Yes 1 Not
required
Not
required
Not
required
Not
required — Not
required
The following ADU standards apply to all zoning districts:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADU's are permitted above accessory buildings and on the ground floor. Ground
floor ADUs require alley access.
Parking
requirement
In addition to the parking required for the principal residence, one paved off-
street parking space is required for the exclusive use of the ADU. The parking
provided must be located on the lot and may not utilize the on-street parking
provisions of division 38.540 of this chapter.
Unit size
In no case may an ADU be larger than 600 square feet or have more than a single
bedroom. The method of calculating the maximum ADU square footage will be
"living area" defined as "all floor area exclusive of areas with a sloped ceiling less
than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other
living space must be included in the maximum square footage calculation.
Design
requirements
Detached ADUs, including second story additions on detached garages may be
approved only if found compatible and consistent with the existing character and
fabric of the neighborhood. The review authority must consider placement and
size of windows, decks, balconies, fencing, landscape screening, and height and
massing of the structure to minimize impacts to adjacent properties.
Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU may
exceed the height of the principal building but may not exceed 22 feet in height.
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Garage
conversions
Garages may not be converted for use as ADUs unless all required parking for all
uses on the lot is otherwise provided prior to conversion. However, ADUs may be
placed above garages except where otherwise noted.
Minimum
standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has been configured to
accept an ADU with adequate lot area, utility services, and compliance with
setbacks and height standards.
Notes:
1. R-S and R-1 occupancy. The detached dwelling unit within which the ADU is located, or the ADU
itself, is actually and physically occupied as a principal residence by aAt least one owner of record
who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside
on site as their primary residence. No more than one of the dwellings, either the principal dwelling
or the accessory dwelling, may be rented by non-owners at the same time. The city may require
a guarantee of compliance with the requirements of this section, including but not limited to a
binding deed restriction or covenant enforcing the single rental restriction as allowed in
38.270.080.B, as a condition of approval.
2. Any ADU created within an accessory building is subject to the limitations of 38.360.030.
3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the
minimum affordable housing requirements of chapter 38, division 380.
4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly
incidental to the principal dwelling unit and meets all of the following criteria:
a. Lot area per Table 38.320.030 is provided.
b. The ADU does not exceed one-third of the total area of the principal structure.
c. If the entrance for the ADU is separate from the entrance of the principal structure, the
entrance must be on a façade different than that of the main entry.
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.
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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 Sections 1-2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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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 6th day of April, 2020.
____________________________________
CHRIS MEHL
Mayor
ATTEST:
____________________________________
MIKE MAAS
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
____________________, 2020. The effective date of this ordinance is ______________, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
80
VoterID Submit Date IP Contact Information Comments
24347 1/30/2020 15:18 216.166.170.34 Ryan#Krueger AICP#rkrueger@intrinsikarchitecture.com
within the R-1 district.
The UDC's current requirement for owner occupancy, as described in Table 38.360.040 Note #1, appears limiting on the creation of new ADUs within the R-1 zones. The current UDC standard also seems counter to the proposed goals of the Community Housing Action Plan, specifically the Removal of Regulatory Barriers and Accessory Dwelling Units (ADU) Action Strategies. It is sensible that
ownership not hinder or limit available housing, or the creation of elegant density through the creation of ADUs. If the intent of the proposed text amendment is to promote the creation of additional
24385 1/31/2020 12:00 216.166.170.34 Ryan#Krueger AICP#rkrueger@intrinsikarchitecture.com
as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a
binding deed restriction or covenant enforcing the single rental restriction as allowed in 38.270.080.B, as a condition of approval
Dwelling unit is redundant in this instance and should be removed to specify the difference between a stand-alone ADU and those created internal to a structure. The current language implies that all
26160 4/20/2020 19:35 2600:6c67:5080:1196:1caf:bd4e:13b:fde2 Mark#Egge#mark@eateggs.com
This is a good reform, but should not be limited to R-1. The City of Bozeman should make it easy to build ADUs in any residential zone, based on the successful model in Vancouver where 35% of single-
family parcels have an ADU. In particular, the UDC should be updated to make it easy to build ADUs via the following changes:
* eliminate owner occupancy requirements
* eliminate off-site parking requirements
* allow up to two ADUs per parcel - one attached, and one detached
* liberalize dimensional restrictions, such as with bonuses for ADUs meeting accessibility / Universal Design standards
81