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Home My WebLink About08-18-20 City Commission Packet Materials - C10. Ord 2041 Final Adoption Allowing ADU in R-S and R-1 App 200351 REPORT TO: Mayor and City Commission FROM: Kelley Rischke, Assistant City Attorney Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2041, allowing detached accessory dwelling units (ADU) as a principal use in R-S and R-1 zoning districts, amending sections 38.310.030.A and 38.360.040, Application 20035. MEETING DATE: August 18, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2041 to allow detached ADUs in R-S and R-1 zoning districts as a principal use. BACKGROUND: The City has established a twice yearly municipal code update cycle for Chapter 38, Unified Development Code, of the Bozeman Municipal Code. Amendments are considered by the City Commission in April and October. Due to the onset of the COVID-19 pandemic, the April 2020 public hearings were delayed. On August 3, 2020, the City Commission held a public hearing to consider the April 2020 text amendments. Six ordinances were presented for consideration. One public comment in favor of the amendment was submitted on Ordinance 2041. The materials related to the City Commission’s consideration of this matter, including the staff report and ordinance, are available here. The City Commission unanimously voted to provisionally adopt Ordinance 2041. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2041 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2041 Report compiled on August 3, 2020 Commission Memorandum 240 Page 1 of 8 ORDINANCE NO. 2041 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING TABLE 38.310.030.A AND 38.360.040 OF THE BOZEMAN MUNICIPAL CODE TO ALLOW DETACHED ACCESSORY DWELLING UNITS AS A PRINCIPAL USE IN R-S AND R-1 ZONING DISTRICTS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, the City has adopted land development regulations since at least 1934 and has amended them from time to time to respond to changes in state law, legal decisions, and changing community needs; and WHEREAS, the Bozeman Community Plan supports increased density in residential zoning districts; and WHEREAS, the City desires to support increased density in R-S and R-1 zoned districts by making detached accessory dwelling units a principal use, rather than a special use, in R-S and R-1 districts; and WHEREAS, it is in the interests of the City and public welfare to allow a detached accessory dwelling unit as a principal use in R-S and R-1 zoning districts. 241 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 2 of 8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That table 38.310.030.A – Permitted general and group residential uses in residential zoning districts, of the Bozeman Municipal Code be amended as follows: Sec. 38.310.030. - Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O 1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) S P S P P P P P P — Apartments/apartment building* — — — — P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations(38.360.160)* P P P P P P P P 242 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 3 of 8 Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P Two-household dwelling (38.360.210) — — P P P P P — Three household dwelling or four- household dwelling (38.360.210) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.240) P 2 P2 P P P P P P 3 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P 3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.150)* P P P P P P P P Lodging houses* — — — S P P P — 243 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 4 of 8 Transitional and emergency housing (38.360.135)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. Section 2 That section 38.360.040 – ADU use table in residential zoning districts, of the Bozeman Municipal Code be amended as follows: Sec. 38.360.040. - ADU use table in residential zoning districts. Table 38.360.040 ADU use table in residential zoning districts Table clarification: 1. Uses: P = PermittedPrincipal; S = Special uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Zoning districts R-S R-1 R-2 R-3 R-4 R-5 RM H REMU Detached ADU 2 & 3 S P S P P P P P — P 244 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 5 of 8 Attached ADU 2, 3 & 4 P P P P P P — P Owner occupied Yes 1 Yes 1 Not required Not required Not required Not required — Not required The following ADU standards apply to all zoning districts: Occupancy limit 2 persons Deviations No # of ADU per lot One Location ADU's are permitted above accessory buildings and on the ground floor. Ground floor ADUs require alley access. Parking requirement In addition to the parking required for the principal residence, one paved off- street parking space is required for the exclusive use of the ADU. The parking provided must be located on the lot and may not utilize the on-street parking provisions of division 38.540 of this chapter. Unit size In no case may an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. Design requirements Detached ADUs, including second story additions on detached garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties. Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. 245 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 6 of 8 Garage conversions Garages may not be converted for use as ADUs unless all required parking for all uses on the lot is otherwise provided prior to conversion. However, ADUs may be placed above garages except where otherwise noted. Minimum standards or "no guarantee" A permit for an ADU will not be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. Notes: 1. R-S and R-1 occupancy. The detached dwelling unit within which the ADU is located, or the ADU itself, is actually and physically occupied as a principal residence by aAt least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site as their primary residence. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in 38.270.080.B, as a condition of approval. 2. Any ADU created within an accessory building is subject to the limitations of 38.360.030. 3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380. 4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: a. Lot area per Table 38.320.030 is provided. b. The ADU does not exceed one-third of the total area of the principal structure. c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 246 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 7 of 8 Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall be codified as indicated in Sections 1-2. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 247 Ordinance 2041, Allowing detached accessory dwelling units as a principal use in R-S and R-1 zoning districts Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 6th day of April, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2020. The effective date of this ordinance is ______________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 248