HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A5. Ord 2044 Residential Office (R-O) Zoning District App 19439Page 1 of 17
19439 City Commission Staff Report for a Text Amendment for the
Expansion of Uses in the Residential Office (R-O) Zoning District
Public Hearings: Bozeman Zoning Commission - Thursday, June 4, 2020 at 6:00 pm.
Meeting held via WebEx.
Bozeman City Commission – August 3, 2020 at 6:00 pm. Meeting held via WebEx.
Project Description: Authorize a wider range of businesses to be located within the
Residential Office (R-O) zoning district.
Project Location: The proposed amendment would apply City-wide to all Residential
Office (R-O) zoning districts
Recommendation: Meets standards for approval of Ordinance 2044
Zoning Commission motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 19439 and move to recommend approval
of the text amendment for the Expansion of Uses in the Residential Office (R-O)
Zoning District as presented in the Staff-prepared Ordinance.
Recommended City Commission motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 19439 and
move to provisionally adopt Ordinance 2044.
Report: 7/15/2020
Staff Contact: Chris Saunders, AICP, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and Staff analysis.
Unresolved Issues
Staff’s recommended language in the Draft Ordinance differs from what was proposed by the
applicant. Staff supports expanding uses to allow limited-sized General Service
Establishments, Restaurants, and Retail in the R-O (Residential Office) District but does not
support allowing Type 3 Short Term Rentals (STR).
Staff’s reasoning for not supporting Type 3 STR in R-O is based on Staff’s understanding of
prior Commission decisions in adopting STR regulations and the Community Housing
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Action Plan. Additionally, Staff is recommending different code language from what the
applicant suggested for clarity and consistency throughout Chapter 38.
The primary point of difference between Staff’s recommendation and the applicant’s hinges
on the nature of the R-O zone. Applicants assert the RO zone is a mixed-use transition/buffer
zone. Mixed use buildings are allowed and dwellings included in mixed use buildings are
less likely to be owner occupied. Therefore, the allowance for Type 1 and 2 STR is less
likely to be beneficial. Also, as an area authorized for some commercial use the use of a
dwelling as a business (Type 3 STR) is not inconsistent with the character of the district.
Staff agrees that the R-O district allows a variety of non-residential uses and that it is often
located to provide a separation between substantial streets and other less intensive zoning
districts. However, the R-O is listed within section 38.310.030 which lists the authorized uses
in residential zoning districts. Therefore, Staff sees the R-O district as primarily a residential
district. The Commission has chosen to put a more restrictive standard for STR in residential
districts. Should the Commission determine that the R-O district is properly considered a
mixed-use district for the purposes of STR then the applicant suggested language to Type 3
STR is acceptable per application component 4.
Land use and development is a complex endeavor and it can be difficult to draw bright line
distinctions that neatly fit all situations. The R-O zoning district has historically had an
uneasy application as the standards applied to permitted uses vary by circumstances. Whether
the predominant use in the R-O is residential or non-residential depends on the underlying
growth policy designation. If the designation is non-residential then most of the area of
buildings must be non-residential. The R-O zoning district covers a bit less than 4% of the
total City area. Seventy-three percent of the R-O district has already been developed. About
37% of the R-O district is already developed for residential uses alone. Therefore, the impact
of any decision on this application will be minor on the availability of land for STR use city
wide.
The STRs must first be authorized as homes, then the use of that home as an STR may occur.
See Appendix A for additional information on the history of STR regulations.
Project Summary
The Planning Office received an application for a Text Amendment to expand the types of
uses allowed in the Residential Office (R-O) zoning district. The timing of the application
and the new policy of processing biannual text amendments to the Unified Development
Code (UDC) resulted in this request being batched with planned Spring 2020 amendments.
Overall, the application requests to authorize a wider range of business in the Residential
Office (R-O) zoning district outlined in the four categories below. Note that Staff supports
edit #1 below but does not presently support proposed edits #2, 3 and 4 below. This
recommendation is reflected in the Staff-prepared ordinance.
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1. Revise Table 38.310.030.B, Permitted accessory and non-residential zoning districts
of the Bozeman Municipal Code to add General Service Establishments, Restaurants,
and Retail to the allowed uses in the Residential-Office district with size limits.
General Service Establishments, Restaurants, and Retail are defined in Division
38.700 of the municipal code.
2. Revise Section 38.300.010.G to modify the description of the Residential Office
zoning district to add references to short term rentals, retail, and service activities.
3. Revise Table 38.310.030.A, note 1 to reference locations of certain uses.
4. Revise Table 38.310.030.B Permitted accessory and non-residential zoning districts
of the Bozeman Municipal Code to add Short Term Rental (Type 3) as a principal
use.
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.
Zoning Commission
The Zoning Commission held their public hearing on June 4th. They recommend favorably
on the Ordinance as presented on a vote of 5-0. The recording of the meeting is available at
https://media.avcaptureall.com/session.html?sessionid=492b4539-77b2-44c9-8280-
99cd5160558a&prefilter=654,3835. Discussion of this amendment begins at 1:59:30 on the
recording.
Alternatives
1. Approval of Ordinance 2044 as presented by Staff;
2. Approval of the application as submitted by the applicant and direct Staff to revise the
associated ordinance accordingly;
3. Approval of Ordinance 2044 as drafted by Staff but revised to include Type 3 STR as a
permitted use in the R-O zoning district;
4. Approval of the application with modifications to the recommended zone text edits and
direct Staff to revise the associated ordinance;
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5. Denial of the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
6. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
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
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ............ 14
APPENDIX B - NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................. 15
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ......................... 17
FISCAL EFFECTS ............................................................................................................... 17
ATTACHMENTS ................................................................................................................... 17
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SECTION 1 - MAP SERIES
The proposed amendment is applicable City-wide in all Residential Office (R-O) zoning
districts shown in pink in the map above.
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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 detailed in the Staff-prepared Ordinance.
The Zoning Commission held a public hearing on this Zone Text Amendment on Thursday,
June 4, 2020 at 6:00 pm and recommend approval of Ordinance 2044 as presented to the
Commission.
The City Commission will hold a public hearing on this Zone Text Amendment prior to any
action. The hearing will occur on August 3, 2020.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As 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 regards to 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 in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
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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. Expanding the types of uses allowed in the
Residential Office (R-O) zoning district to include General Service Establishments,
Restaurants, and Retail with size limits is expected to increase walkability, promote mixed-
use neighborhoods/centers and reduce necessary travel distances.
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).
• Goal LU-2: Designate centers for commercial development rather than corridors to
encourage cohesive neighborhood development in conjunction with non-motorized
transportation options (Page 3-7).
• 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 C-3.4: Create neighborhood Commercial Centers that will provide uses to
meet consumer demands from surrounding Residential Districts for everyday goods
and services, and will be a pedestrian oriented place that serves as a focal point for
the surrounding neighborhoods.
• Objective ED-2.9: Create a more collaborative and effective working partnership
between the business community and the City of Bozeman and effectively manage
the City of Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth. (Source: Bozeman Economic Development
Plan) (Page 8-5).
Staff finds that the request from the applicants to also allow Short Term Rental (Type 3) as a
principal use in the R-O zone is not in accordance with the growth policy. This part of the
application request is not included in the Staff-prepared Ordinance. Note that Short Term
Rentals (Types 1 and 2) are already Permitted Principal Uses in this Zone. The Type 3 is
defined as a short-term rental that is not owner-occupied.
The growth policy encourages housing to remain as housing to meet the needs of the
community. This is partially described in the following two objectives and goal from Chapter
6.
• Objective 1.2 – Encourage the preservation and rehabilitation of the existing housing
stock to protect the health, safety, and welfare of Bozeman residents.
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• Objective 1.3 - Promote the provision of a wide variety of housing types in a range of
costs to meet the diverse residential needs of Bozeman residents.
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.
Bozeman has strong ongoing demand for housing. A very low residential vacancy rate
demonstrates this demand. Demand for temporary housing can compete with long term
housing needs. Persons initially moving to the community may also need short term housing
while they locate long term housing. The City recently completed a housing needs
assessment and action plan to consider housing issues in greater detail.
The Community Housing Action Plan recommends limiting these types of Short Term
Rentals in general to support Community Housing: “Prohibiting or limiting the use of homes
for Short Term Rentals in specified neighborhoods or zones; placing resident-occupancy
requirements on units that are rented short-term (e.g. rent bedroom only; Accessory
Dwelling Units and primary home cannot both be Short Term Rentals; etc.); require
registration and charge fees; or other options” (Page 17).
The Residential Office zone is a mixed use zone that primarily implements the Residential
future land use designation. When implementing the Residential future land use designation
the dominant activity as measured by building area must be housing. If the Residential Office
zone implements a non-residential future land use designation the use of the property must be
primarily non-residential.
The description of the Residential designation states “This category designates places where
the primary activity is urban density dwellings. Other uses which complement residences are
also acceptable…” The proposed changes as reflected in the draft ordinance allow uses
which in combination of type and limitation of scale are complementary to residences by
providing needed services but constraining impacts such as traffic excessive for local streets
and residential areas.
B. Secure safety from fire and other dangers.
Yes. The proposed changes to expand the types of uses in the Residential Office (R-O)
zoning district will not impact safety from fire or other dangers. The City’s building codes
reduce reliance on zoning to address other elements of public safety. For example,
requirements for fire sprinklers for larger buildings or fire egress for restaurants are
addressed in the building codes but not in the zoning code. In addition, the development
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review process lays out the backbone for public infrastructure. This includes most water,
sewer, stormwater, and street facilities. Development review (both zoning and subdivision
procedures) gives a final check on infrastructure capacity when there is a known intended
intensity of use and condition of facilities.
C. Promote public health, public safety, and general welfare.
Yes. One of the goals of expanding the types of uses allowed in the R-O zoning district 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.”
There are several vacant or undeveloped areas within the City zoned Residential Office.
According to the most recent Land Use Inventory, there are 485.6 total acres of R-O zoned
properties within the City Limits. Of that, 131 acres are either vacant or undeveloped.
Provision of a greater range of services in proximity to homes facilitates a greater degree of
walking and biking for access. Greater physical activity supports health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. Expanding the types of allowable uses in the Residential Office zoning district does not
change the requirements related to transportation, water, sewerage, schools, parks or other
public requirements. It promotes infill and walkability, potentially reduces travel times, and
supports a wider range of mixed- use center-based development.
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. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
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
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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 use 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.
Neutral. 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. Expanding the types of uses
allowed in the R-O zoning district will not impact these existing standards related to
providing adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. Expanding the types of uses allowed in the R-O zoning district will particularly
promote walkability within each of the R-O districts. Walkability positively impacts wealth,
heath, climate action, equity and community.
The City relies upon its long-range Transportation Plan to evaluate transportation needs over
the long term for motorized vehicles as well as bikes and pedestrians. The Parks, Recreation,
Open Space and Trails Plan also considers options for extending the trail network. Review of
development proposals as subdivisions or site development looks at the transportation, park
and trail, and Facility Plans, considers existing conditions, and then requires additional on
and off-site improvements needed to meet the additional demand expected from new
development.
New development contributes to the creation of additional capacity through dedication of
right of way, construction or reconstruction of streets, payment of impact fees, and other
contributions as may be applicable to a specific project. These requirements are designed to
mitigate the impacts of additional development.
This text amendment may result in more intense development than existing regulations. For
example, restaurants tend to generate more traffic and require more parking than offices.
However, compliance with the adopted Plans and standards will provide adequate capacity to
offset any increases and ensure negative impacts are mitigated.
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G. Promotion of compatible urban growth.
Yes. Expanding the types of uses allowed in the R-O zoning district is intended to both
increase flexibility for existing developed sites and to promote building on undeveloped or
underutilized lots and properties in the 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-O zoning district,
Residential Uses and Office uses are already accepted to be compatible. The primary uses
include a mix of residential and non-residential uses. This text amendment would allow
additional uses to be added to the mix. Section 38.700.080 (BMC) defines General Service
Establishment as “… a category of uses whose primary activity is the provision of assistance,
as opposed to products, to individuals, businesses, industry, government, and other
enterprises. Specific uses in this category include but are not limited to financial
establishments, postal and courier services, repair shops, laundries, veterinary clinics, and
other services where uses occur entirely within buildings, little or no outdoor storage, and no
external impacts are anticipated. This term also includes vehicular parking lots and garages.”
These types of establishments tend to operate similarly to offices.
Restaurants and Retail are in a different category of intensity; however, with the size
limitations proposed in the Staff recommended ordinance (maximum 1,500 square feet),
these uses will be limited in an effort to keep them as supportive to the primary residences
and offices. This standard is similar to existing limitations on restaurants in the M-1 and
HMU zone. Examples of operating restaurants meeting this standard are Wild Crumb bakery
and Finks Delicatessen, both located at the corner of Peach Street and Wallace avenue.
For comparison, the R-5 zone allows larger retail and restaurant establishments but places
additional and more restrictive location requirements on these uses: “Subject uses are limited
to 2,500 square feet of gross floor area and only allowed on street corner sites within a
mixed-use building featuring residential units next to and/or above subject uses.” Note that
the original application proposed the following language: “Retail uses are limited to 2,500
square feet of gross floor area and only allowed on the first and second floors within a
mixed-use building.” Staff finds that that the smaller square footage size limit and no
restriction on the location was more appropriate in the Residential Office (R-O) zoning
district.
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H. Character of the district.
Yes. Zoning indicates the character of an area by applying use and development standards to
individual properties.
The character of a district is seen from multiple viewpoints. When considering an amendment
to the text, the integration of a proposed change is evaluated with the other standards, purposes,
and criteria of site review. If the new change conflicts with other text, then the new change
should be rejected, or other revisions made, so that the overall standards for a given district
support one another. Staff finds that the changes, as proposed in the Draft Ordinance, do not
create any additional conflicts with other sections of the code.
Over the past few years the City has been moving toward a more form-based system where
uses are really viewed as secondary to good design. The addition of Article 5 – Project Design
to the Unified Development Code includes building and site design requirements that are
intended to ensure that new commercial and multi-household development is of high quality
and beneficially contributes to Bozeman's character; ensure that new developments within
existing neighborhoods are compatible with, and enhance the character of Bozeman's
neighborhoods; promotes an increase in walking and bicycling throughout the City; enhance
the livability of Bozeman's residential developments; maintains and enhances property values
within Bozeman.
I. Peculiar suitability for particular uses.
Yes. The types of uses proposed to be added to this district - General Service, Restaurants
and Retail will act to support the primary Office and Residential anticipated for this zoning
district. This mix of uses promotes the concept of a walkable neighborhood. The
recommended size restrictions for restaurants and retail will ensure that residential and
offices uses are emphasized.
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. Expanding the types of
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uses allowed in the Residential Office (R-O) zoning district will allow a greater diversity of
uses (housing, employment and services) to be mutually supportive within neighborhoods.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The intent of the Residential Office zoning district is defined in the Unified
Development Code as follows:
“…to provide for and encourage the development of multi-household and apartment
development and compatible professional offices and businesses that would blend well
with adjacent land uses. These purposes are accomplished by: 1. Providing for a mixture
of housing types, including single and multi-household dwellings to serve the varying
needs of the community's residents. Use of this zone is appropriate for areas characterized
by office or multi-household development; and/or areas along arterial corridors or
transitional areas between residential neighborhoods and commercial areas.”
Allowing General Service Establishments and size-limited Restaurants and Retail to the list
of allowed uses in the Residential Office district does not significantly impact the intent of
the district or the most appropriate uses of land zoned Residential Office (R-O). 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
businesses and offices of a type that “…blend well with adjacent land uses.”
Staff does not agree with the applicant’s proposal to also add Short Term Rental (Type 3) as
a principal use in this zone as previously discussed in this report.
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
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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.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND
The Planning Office received an application on October 8, 2019, from Madison Engineering,
for a Zone Text Amendment to authorize a wider range of allowed business uses in the
Residential Office (R-O) zoning district outlined in the four categories below:
1. Revise Table 38.310.030.B, Permitted accessory and non-residential zoning districts of
the Bozeman Municipal Code to add General Service Establishments, Restaurants, and Retail
to the allowed uses in the Residential-Office district with size limits. General Service
Establishments, Restaurants, and Retail are defined in Division 38.700 of the municipal code.
[Note Staff added General Service Establishment.]
2. Revise Section 38.300.010.G to modify the description of the Residential Office zoning
district to add references to short term rentals, retail, and service activities.
3. Revise Table 38.310.030.A, note 1 to reference locations of certain uses.
4. Revise Table 38.310.030.B Permitted accessory and non-residential zoning districts of
the Bozeman Municipal Code to add Short Term Rental (Type 3) as a principal use.
In relation to #1 and 3, Staff’s recommended language in the Draft Ordinance differs from
what was proposed by the applicant. Staff supports Restaurants and Retail but favors stricter
size limitations on Restaurants and Retail. Staff also wanted to add General Service
Establishments to the list of allowable uses. Staff did not find a valid reason to limit locations
of certain uses.
In response to #2 and 4, Staff did not agree that these amendments related to Short Term
Rental meet the criteria for Zone Text Amendments as specified in this Report. The applicant
proposed adding Short Term Rentals (Type 3) which are defined as non owner-occupied
rentals. Staff does not support this part of the initial application as it appears to conflict with
the recently accepted “Community Housing Action Plan” and elements of the growth policy.
With the size limitations, Staff does not see a need to amend the intent statement.
The City’s current STR regulations were adopted in 2017 by Ordinance 1974.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
This Text Amendment notice was submitted for publication in the Bozeman Daily Chronicle
for 3/01/2020, 3/8/2020, and 3/29/2020. The Zoning Commission and City Commission
hearings were cancelled due to coronavirus response. New notices were published in the
Bozeman Daily Chronicle on 5/19/020 and 5/31/2020 for the Zoning Commission hearing.
As a text amendment no posting or mailing requirements apply. Separate notice will be
published for the City Commission once hearing dates are scheduled.
One oral argument in favor provided at the Zoning Commission. Comments begin at
approximately 2:47 on the recording. No other public comments have been received as of the
writing of this Staff Report.
APPENDIX C - PROJECT GROWTH POLICY AND ZONING
Zoning & Growth Policy Designation Correlation:
The Residential Office (R-O) zoning district can be an implementing zone of the following
land use classifications in the Bozeman Community Plan:
Table C-16 Zoning Correlation With Land Use Categories
Zoning Districts
Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ●
Residential Mixed Use Emphasis ● ● ● ● ● ●
Suburban Residential ● ● ●
Regional Commercial and Services ● ● ● ●
Community Core ● ● ●
Community Commercial
Mixed-Use
● ● ● ● ●
Business Park
Mixed Use ● ● ● ●
Industrial ● ● ● ● ●
Public Institutions ●
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Text Amendment for the Expansion of Uses in the Residential Office (R-O) Zoning District
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Parks, Open
Space, and Recreational Lands*
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
*Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created
under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open
spaces that are not already included in the zoning district.
**The Residential Emphasis Mixed Use zoning district was created by Ordinance 1802 with final adoption on
April 11, 2011.
***The R-5 and B-2M zoning districts were created by Ordinance 1942 with final adoption on May 25, 2016.
Ordinance 1974
Short Term Rentals are authorized and restricted in various zoning districts in 38.310.030. The
special zoning regulations for Short Term Rentals are in 38.360.250. The regulations were
adopted with Ordinance 1974 on September 11, 2017. A substantial public engagement was
undertaken in developing Ordinance 1974. For a summary see the June 22, 2017 packet materials
in the text amendment staff report.
September 11, 2017 City Commission minutes (begin page 3)
September 11, 2017 Ordinance 1974 final adoption packet materials
September 11, 2017 City Commission video, 9:39 begins the item
August 14, 2017 Ordinance 1974 provisional adoption, City Commission minutes (begin page 9)
August 14, 2017, Ordinance 1974 provisional adoption supporting materials
August 14, 2017 City Commission video, 1:40:15 begins the item
June 22, 2017 City Commission minutes (begin page 1)
June 22, 2017 Ordinance 1974 packet supporting materials
June 22, 2017 City Commission video, 6:53 begins the item
May 22, 2017 City Commission minutes (begin page 6)
May 22, 2017 Ordinance 1974 packet supporting materials
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Text Amendment for the Expansion of Uses in the Residential Office (R-O) Zoning District
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May 22, 2017 City Commission video, 51:10 begins the item
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Applicant/Representative: Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman
MT 59718
Report By: Chris Saunders, AICP, Community Development Manager
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
• Application
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Page 1 of 6
ORDINANCE NO. 2044
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLE 38.310.030.B OF THE BOZEMAN MUNICIPAL CODE
TO ADD GENERAL SERVICE ESTABLISHMENTS, RESTAURANTS, AND RETAIL AS
ALLOWED USES IN THE RESIDENTIAL-OFFICE ZONING DISTRICT 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, Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to carry out
the purposes [promoting health, safety, morals, or the general welfare of the community] of this
part”; and
WHEREAS, the City has established various residential districts, including the
Residential-Office (R-O) district with uses deemed appropriate to meet the needs of the community
and beneficial for all those within the district; and
WHEREAS, the City has continued to expand and develop and the needs of the
community are constantly changing. Therefore, it is appropriate to revise the uses allowed in the
R-O district to meet the changing needs of the community; and
WHEREAS, it is in the interests of the City and public welfare to expand the non-
residential uses authorized in the R-O district and to provide limits to the scope of those allowed
uses to lessen potential negative impacts on other allowed uses.
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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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.B, Permitted accessory and non-residential uses in residential zoning
districts of the Bozeman Municipal Code be amended as follows:
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and structures typically accessory to
authorized uses A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental to construction
work A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — —
Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — —
Bed and breakfast* C C C C P P P —
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III* 2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
Short Term Rental (Type 3)* — — — — — — — —
General service establishment* — — — — — — P5 —
Golf courses C C — — — — — —
Offices* — — — — S 3 S 3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C 3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant* — — — — — P 4 —P5,
6 —
Retail* — — — — — P 4 —P5,
6 —
Uses approved as part of a PUD per division 38.380 of this
article C C C C C C C C
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
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Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH
Veterinary uses 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. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 2
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 3
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.
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 5 of 6
Section 4
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 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ____th day of ________, 2020.
____________________________________ CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
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Ordinance 2044, Amending 38.3 of the Bozeman Municipal Code to revise uses for the R-O zoning district
Page 6 of 6
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
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Sec. 38.300.100. - Residential zoning districts—Intent and purpose.
The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non-residential uses. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards.
Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.320.020 and Table 38.320.030 sets standards for minimum densities in residential districts
which will advance these goals, objectives, and purposes.
G. Residential-office district (R-O). The intent of the R-O residential-office district is to provide for and encourage the development of multi-household, and apartment development, short term rentals and compatible professional offices and businesses including small scale retail and walk-in service providers that would blend well with adjacent land uses. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents.
2. Providing for an opportunity for commercial business development that is compatible
with the adjacent residences in scale. The intent is to provide for smaller scale retail
and walk-in service activities frequently required by neighborhood residents on a day
to day basis while still maintaining compatibility with adjacent residential land uses.
Design standards emphasizing pedestrian oriented design are important elements of
this district.
3. Providing for an opportunity for the development of short-term rentals, including Types 1-
3, in mixed use or multi-household developments within existing transitional zoning while
preserving neighborhood character and encouraging economic activity and diversity.
Use of this zone is appropriate for areas characterized by office, small neighborhood commercial and or multi-household development; including short-term rentals; and/or areas
along arterial corridors or transitional areas between residential neighborhoods and commercial areas.
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
229
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 S 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
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
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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 —
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. Multi-household, apartment development and short term rentals may be located on any floor.
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.
Table 38.310.030.B
Permitted accessory and non-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
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
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Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and structures typically accessory to
authorized uses A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental to
A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — —
Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III* 2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
Short Term Rental (Type 3)* — — — — — — P —
Golf courses C C — — — — — —
Offices* — — — — S 3 S 3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C 3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant — — — — — P 4 — —
Retail — — — — — P 4 P 5 —
Uses approved as part of a PUD per division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
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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. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses.
5. Retail uses are limited to 2,500 square feet of gross floor area and only allowed on the first and second floors within a mixed-use building.
Sec. 38.320.030. - Form and intensity standards—residential districts.
Table 38.320.030.A Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum lot area per dwelling (square feet) 1 (38.320.020.A)
Single-household dwelling 5,000
1
5,000
1
4,000
1
4,000
2
5,000
1
4,000
2
5,000
1
3,000
1
4,000
1
3,000
1
Single-household dwelling (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
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Two-household dwellings — — 6,000 5,000
2
6,000
5,000
2
6,000
5,000 6,000 —
Two household dwellings (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
— — 2,500 2,500 2,500 2,500 2,500 —
Lot area per dwelling in three- or four-
household dwelling configurations — — — 3,000 3,000 None 3,000 —
Lot area per dwelling in three- or four-
household dwelling configurations (only for
dwellings to satisfy minimum requirements of
division 38.380 of this chapter)
— — — 2,500 2,500 None 2,500 —
Townhouses & rowhouses — — 3,000
3
3,000
4
3,000
4
None 3,000
4
—
Townhouses & rowhouses (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
2,500
4
2,500
4
2,500
4
2,500
4
2,500
4 None 2,500
4 2,500
Apartments—First dwelling — — — — 5,000 None 5,000 —
Apartments—Each dwelling after the first — — — — 1,200 None 1,200 —
Apartments—Each dwelling after the first
(only for dwellings to satisfy minimum
requirements of division 38.380 of this
chapter)
— — — — 900 None 900 —
Additional area required for an accessory
dwelling unit
1,000
5 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,000
1
5,000
1
5,000
1
5,000
1
5,000
1 None 5,000
1
5,000
1
Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.5 6 2.5 6 2.5 6 2.5 6 —
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Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot.
2. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
3. Per townhouse lot or rowhouse dwelling.
4. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
5. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
6. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.
Table 38.320.030.B Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-
S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household dwelling 50 50/40
1
50/40
1 50/40 1 50/35 1 35/25 1,2 50/40 1 50/40
1
Single-household dwelling
(only for dwellings to satisfy
requirements of division
38.380 of this chapter)
30 30 30 30 30 30 30 30
Two household dwelling — — 60/50
1 60/40 1 50/40 1 50/40 1 50/50 1 —
Accessory dwelling unit 3 50 50/40 60/50 60/50 1 50/40 1 None 4 60/50 1 —
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1 1
Dwellings in three- or four-
household dwelling
configurations
- - — 60 60 None 2,4 60 —
Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
All other uses 50 50 50 50 50 None 2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access, street trees, on-street parking, garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards.
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Figure 38.320.030.1.
Minimum setback to an individual, garage oriented to the street
Table 38.320.030.C
Density, building height, and setbacks
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Density, floor area and lot coverage
Density, minimum
(dwellings per net acre)
(38.320.020.B)
2 5 5 5 8 8 1 6 5
Lot coverage, maximum 2 25% 40% 3 40% 3 40% 3 50% 3 - — 40% 3
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(38.320.020.C.1)
Floor area ratio, maximum 4
(38.320.020.C.3) 0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 —
Maximum building height (feet) (38.320.020.E)
Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Less than 3:12 24 24 24 32 34 44 5 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 48 5 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 52 5 42 32
Equal to or greater than 9:12 38 36 36 42 44 54 5 44 36
Minimum setbacks (feet) (38.320.020.F)
Front setback 15 6 15 15 15 15 15 7 15 15
Setback to an individual garage
oriented to the street 20 8 20 8 20 8 20 8 20 8 20 8 20 8 20 8
Rear setback 20 6 20 20 20 20 20 20 20
Side setback 5 6 5 9 5 9 5 9 5 9 5 9 5 9 5 9
Notes:
1. The minimum density in the R-5 zone is eight dwelling units per "gross" acre.
2. In all residential zoning districts for those lots used to satisfy the requirements of division 38.380, not more than 60 percent of the lot area can be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of division 38.380, either directly or inherited from a previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings.
3. The maximum lot coverage for townhouses and rowhouses:
a. R-1, R-2, R-3, and RMH districts: 50 percent.
b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this chapter: 85 percent.
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4. Floor area ratio adjustments:
a. For townhouse developments, the floor area ratio standard applies to all townhouse lots. Designated common area specifically associated with the townhouses may be used as applicable site area in determining compliance with the floor area ratio requirement.
b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25 percent increase in allowable floor area ratio.
5. An area, not to exceed a total of ten percent of the building footprint, may extend above the maximum building height by up to 12 feet. Such elements may include stair or elevator penthouses, service elements, or habitable area and must be set back from the edge of the building by at least five feet (see Figure 38.320.030.1 below for an example) to reduce the visibility of such feature.
Figure 38.320.030.2.
Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted
provided they occupy no more than ten percent of building's footprint and are setback from the edge
of the building by at least five feet to reduce their visibility from the ground level.
6. All barns, stables or permanent corrals must be set back not less than 100 feet from any
residence or public road and not less than 50 feet from any property line.
7. Porches and covered entries in the R-5 district may project as allowed 38.350.050.
8. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter.
9. No side setback is required for the interior walls of townhouses.
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Sec. 38.300.100. - Residential zoning districts—Intent and purpose.
The intent and purpose of the residential zoning districts is to establish areas within the city that are
primarily residential in character and to set forth certain minimum standards for development within those
areas. The residential districts also allow complementary non-residential uses. The purpose in having
more than one residential district is to provide opportunities for a variety of housing types and
arrangements within the community while providing a basic level of predictability. There is a presumption
that the uses set forth for each district will be compatible with each other when the standards of this
chapter are met and any applicable conditions of approval have been satisfied. The presumption of
compatibility may be overcome by a showing of specific evidence through the development review
process that proves a development to be non-compliant with applicable standards.
Additional requirements for development apply within overlay districts. All development is subject to
section 38.100.050. Residential density is correlated with many community goals and objectives that are
contained in the city's adopted growth policy, as well as many standards and purposes of this chapter.
Section 38.320.020 and Table 38.320.030 sets standards for minimum densities in residential districts
which will advance these goals, objectives, and purposes.
G. Residential-office district (R-O). The intent of the R-O residential-office district is to provide for
and encourage the development of multi-household, and apartment development, short term
rentals and compatible professional offices and businesses including small scale retail and
walk-in service providers that would blend well with adjacent land uses. These purposes are
accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to
serve the varying needs of the community's residents.
2. Providing for an opportunity for commercial business development that is compatible
with the adjacent residences in scale. The intent is to provide for smaller scale retail
and walk-in service activities frequently required by neighborhood residents on a day
to day basis while still maintaining compatibility with adjacent residential land uses.
Design standards emphasizing pedestrian oriented design are important elements of
this district.
3. Providing for an opportunity for the development of short-term rentals, including Types 1-
3, in mixed use or multi-household developments within existing transitional zoning while
preserving neighborhood character and encouraging economic activity and diversity.
Use of this zone is appropriate for areas characterized by office, small neighborhood
commercial and or multi-household development; including short-term rentals; and/or areas
along arterial corridors or transitional areas between residential neighborhoods and commercial
areas.
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
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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 S 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
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
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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 —
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. Multi-household,
apartment development and short term rentals may be located on any floor.
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.
Table 38.310.030.B
Permitted accessory and non-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
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
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Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and structures typically accessory to
authorized uses A A A A A A A A
Private or jointly owned recreational facilities A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental to A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — —
Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III* 2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
Short Term Rental (Type 3)* — — — — — — P —
Golf courses C C — — — — — —
Offices* — — — — S 3 S 3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C 3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant — — — — — P 4 — —
Retail — — — — — P 4 P 5 —
Uses approved as part of a PUD per division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
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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. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street
corner sites within a mixed-use building featuring residential units next to and/or above subject
uses.
5. Retail uses are limited to 2,500 square feet of gross floor area and only allowed on the first and
second floors within a mixed-use building.
Sec. 38.320.030. - Form and intensity standards—residential districts.
Table 38.320.030.A
Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum lot area per dwelling (square feet) 1 (38.320.020.A)
Single-household dwelling 5,000
1
5,000
1
4,000
1
4,000
2
5,000
1
4,000
2
5,000
1
3,000
1
4,000
1
3,000
1
Single-household dwelling (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
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Two-household dwellings — — 6,000 5,000
2
6,000
5,000
2
6,000
5,000 6,000 —
Two household dwellings (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
— — 2,500 2,500 2,500 2,500 2,500 —
Lot area per dwelling in three- or four-
household dwelling configurations — — — 3,000 3,000 None 3,000 —
Lot area per dwelling in three- or four-
household dwelling configurations (only for
dwellings to satisfy minimum requirements of
division 38.380 of this chapter)
— — — 2,500 2,500 None 2,500 —
Townhouses & rowhouses — — 3,000
3
3,000
4
3,000
4
None 3,000
4
—
Townhouses & rowhouses (only for dwellings
to satisfy minimum requirements of division
38.380 of this chapter)
2,500
4
2,500
4
2,500
4
2,500
4
2,500
4 None 2,500
4 2,500
Apartments—First dwelling — — — — 5,000 None 5,000 —
Apartments—Each dwelling after the first — — — — 1,200 None 1,200 —
Apartments—Each dwelling after the first
(only for dwellings to satisfy minimum
requirements of division 38.380 of this
chapter)
— — — — 900 None 900 —
Additional area required for an accessory
dwelling unit
1,000
5 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,000
1
5,000
1
5,000
1
5,000
1
5,000
1 None 5,000
1
5,000
1
Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.5 6 2.5 6 2.5 6 2.5 6 —
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Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the
required minimum may be needed (for corner lots, parking, landscaping or large residential
structures, for example), and may be necessary for property adjacent to watercourses,
ridgelines, or other environmental features in order to provide an appropriate buildable area on
the lot.
2. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
3. Per townhouse lot or rowhouse dwelling.
4. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the
cluster.
5. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
6. Departures from the maximum lot size requirements may be allowed where the planned
development fits into the context of the neighborhood and proposed pedestrian and vehicular
circulation measures meet community objectives.
Table 38.320.030.B
Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-
S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household dwelling 50 50/40
1
50/40
1 50/40 1 50/35 1 35/25 1,2 50/40 1 50/40
1
Single-household dwelling
(only for dwellings to satisfy
requirements of division
38.380 of this chapter)
30 30 30 30 30 30 30 30
Two household dwelling — — 60/50
1 60/40 1 50/40 1 50/40 1 50/50 1 —
Accessory dwelling unit 3 50 50/40 60/50 60/50 1 50/40 1 None 4 60/50 1 —
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1 1
Dwellings in three- or four-
household dwelling
configurations
- - — 60 60 None 2,4 60 —
Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
All other uses 50 50 50 50 50 None 2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize
compliance with standards for legal and physical access, street trees, on-street parking, garage
design, drive access width and placement, and utilities. Home design and size will be restricted
as a result. Mitigation measures may be required for placement and separation of public and
private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width must be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate
permitted uses and conform to applicable design and density standards.
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Figure 38.320.030.1.
Minimum setback to an individual, garage oriented to the street
Table 38.320.030.C
Density, building height, and setbacks
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Density, floor area and lot coverage
Density, minimum
(dwellings per net acre)
(38.320.020.B)
2 5 5 5 8 8 1 6 5
Lot coverage, maximum 2 25% 40% 3 40% 3 40% 3 50% 3 - — 40% 3
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(38.320.020.C.1)
Floor area ratio, maximum 4
(38.320.020.C.3) 0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 —
Maximum building height (feet) (38.320.020.E)
Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Less than 3:12 24 24 24 32 34 44 5 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 48 5 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 52 5 42 32
Equal to or greater than 9:12 38 36 36 42 44 54 5 44 36
Minimum setbacks (feet) (38.320.020.F)
Front setback 15 6 15 15 15 15 15 7 15 15
Setback to an individual garage
oriented to the street 20 8 20 8 20 8 20 8 20 8 20 8 20 8 20 8
Rear setback 20 6 20 20 20 20 20 20 20
Side setback 5 6 5 9 5 9 5 9 5 9 5 9 5 9 5 9
Notes:
1. The minimum density in the R-5 zone is eight dwelling units per "gross" acre.
2. In all residential zoning districts for those lots used to satisfy the requirements of division
38.380, not more than 60 percent of the lot area can be covered by principal and accessory
buildings. When a larger lot has a portion of its total dwellings subject to the requirements of
division 38.380, either directly or inherited from a previous subdivision, the portion used for
those dwellings may have up to 60 percent of the lot area covered by principal and accessory
buildings.
3. The maximum lot coverage for townhouses and rowhouses:
a. R-1, R-2, R-3, and RMH districts: 50 percent.
b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this
chapter: 85 percent.
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4. Floor area ratio adjustments:
a. For townhouse developments, the floor area ratio standard applies to all townhouse lots.
Designated common area specifically associated with the townhouses may be used as
applicable site area in determining compliance with the floor area ratio requirement.
b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25
percent increase in allowable floor area ratio.
5. An area, not to exceed a total of ten percent of the building footprint, may extend above the
maximum building height by up to 12 feet. Such elements may include stair or elevator
penthouses, service elements, or habitable area and must be set back from the edge of the
building by at least five feet (see Figure 38.320.030.1 below for an example) to reduce the
visibility of such feature.
Figure 38.320.030.2.
Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted
provided they occupy no more than ten percent of building's footprint and are setback from the edge
of the building by at least five feet to reduce their visibility from the ground level.
6. All barns, stables or permanent corrals must be set back not less than 100 feet from any
residence or public road and not less than 50 feet from any property line.
7. Porches and covered entries in the R-5 district may project as allowed 38.350.050.
8. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a
property line, unless explicitly authorized otherwise under this chapter.
9. No side setback is required for the interior walls of townhouses.
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RO Zoning Text Amendment Checklist Narrative
Page 1 of 3
RO – RESIDENTIAL OFFICE
ZONE TEXT AMENDMENT CHECKLIST NARRATIVE
a. Is the new zoning designed in accordance with the growth policy? How?
Response: Yes, the proposed revised text to the RO-Residential Office zoning
designation is in accordance with the Growth Policy (Bozeman Community Plan).
The Growth Policy strives to create a walkable community with “diverse mix of
activates” and “development should be integrated into neighborhoods” with a
“variety of housing and employment opportunities”.
b. Will the new zoning secure safety from fire and other dangers? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes and within
the jurisdiction of the City’ Fire and Police Departments securing safety from fire
and other dangers to the extent possible.
c. Will the new zoning promote public health, public safety and general welfare? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes which was
developed to promote public health, public safety and general welfare.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s infrastructure standards which is
designed to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes which was
developed to provide reasonable provision of adequate light and air.
f. Will the amendment provide for the orderly development of the jurisdictional area? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes which was
developed to provide for the orderly development of the jurisdictional area.
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RO Zoning Text Amendment Checklist Narrative
Page 2 of 3
g. Will the amendment provide for the coordination of roads within subdivided land with
other roads, both existing and planned? How?
Response: Neutral. The proposed RO-Residential Office zoning district addresses land
use and development rather than subdivision of land.
h. Will the amendment provide for the dedication of land for roadways and for public utility
easements? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s infrastructure standards which is
designed to provide for the dedication of land for roadways and for public utility
easements as required.
i. Will the amendment provide for the improvement of roads? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s infrastructure standards which is
designed to provide for the improvement of roads if required.
j. Will the amendment provide for adequate open spaces for travel, light, air and recreation?
How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes which was
developed to provide for adequate open spaces for travel, light, air and recreation.
k. Will the amendment provide for adequate transportation, water and drainage? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s infrastructure standards which is
designed to provide for adequate transportation, water and drainage.
l. Will the amendment provide for the regulation of sanitary facilities? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s infrastructure standards which is
designed to provide for the regulation of sanitary facilities.
m. Will the amendment provide for the avoidance or minimization of congestion? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes which was
developed to avoid or minimize congestion. The proposed zone text amendment will
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RO Zoning Text Amendment Checklist Narrative
Page 3 of 3
also encourage development of small neighborhood commercial/retail businesses
within walking distance of residences.
n. Will the amendment provide for the avoidance of subdivision which would involve
unnecessary environmental degradation and the avoidance of danger of injury to health,
safety or welfare by reason of natural hazard or the lack of water, drainage, access,
transportation, or other public services or would necessitate an excessive expenditure of
public funds for the supply of such services? How?
Response: Yes, development within the proposed RO-Residential Office zoning district
will be required to comply with the City’s development and zoning codes and the
City’s infrastructure standards which were developed to minimize unnecessary
environmental degradation and the avoidance of danger of injury to health, safety
or welfare by reason of natural hazard or the lack of water, drainage, access,
transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services.
3. Provide language to be removed from the Unified Development Code in strikeout format
on the original pages if proposed, Provide new text and location to be inserted into the
Unified Development.
Response: The proposed text amendment to the Unified Development Code is included
in this submittal with the proposed deletion of text with strikeout and proposed
addition underlined and in red.
END OF NARRATIVE
253
R-O Zoning Text Amendment Discussion Points – Short Term Rentals
R-O zoning is often times a misunderstood zoning district. Although it is listed under the
residential zoning districts it’s actually a transitional buffer zone between commercial
and residential along arterial corridors which allows for a variety of compatible
professional offices and businesses and multi-household and apartment development, as
defined in the UDC.
Why allow Type 3 Short Term Rentals in R-O District:
o Provides for multi-use in a single complex. Walkable to small commercial,
offices, medical facilities, coffees shop, etc. for visitors to our community as well
as for residents that are in transition between homes.
o Allows for small business opportunity in a transitional/buffer zone
o Type 3 Short Term Rentals are currently only allowed in Commercial and Mixed-
Use zoned districts.
R-O zoning is not just residential. As defined in the UDC, R-O zoning
also allows for a variety of compatible professional offices and businesses,
which are commercial in nature which makes Short Term rentals very
compatible in the R-O zoning districts.
o Vacation/Shop/Entertainment - Many of the RO zoned properties are on a
Streamline Bus Route so our out of town guest can easily access other venues in
Bozeman without driving.
o There are R-O zoned properties adjacent to or within walking distance to both
Bozeman Deaconess Hospital as well as the future Billings Clinic facility.
Provides for an extend stay in a comfortable home like setting for patience
and their families that are from out of town that are receiving medical
treatment.
Have the opportunity to save money by preparing their own meals instead
of having to go out to eat.
o There are also R-O zoned property adjacent to MSU that could provide Short
Term Rentals for family visits and visiting instructors or students that just need to
take a break from their roommates.
o Clustered Short Term Rentals compared to single units dispersed throughout
residential neighborhoods.
o Providing competitive alternatives in a commercial area.
o Supports Affordable Housing
Short Term Rentals are much more affordable for transitional residents
moving between homes. It allows buyers the opportunity to properly
research and buy the home that best fits their needs within their budget.
Affordable option for buyers waiting for their home to be completed.
They are furnished and provide the opportunity to prepare their meals and
includes utilities - Everything is included in a Short Term Rental.
254