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Home My WebLink About21- Ordinance 2059 Bozeman Cohousing Text AmendmentOrd XXX Page 1 of 8 ORDINANCE 2059 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND TABLE 38.310.030.A TO ESTABLISH A NEW RESIDENTIAL USE OF APARTMENT BUILDING, LIMITED AND STANDARDS FOR THAT USE, TABLE 38.320.030.A TO ESTABLISH MINIMUM LOT AREAS FOR THE USE, AND CREATE A NEW 38.360.070 FOR SUPPLEMENTAL USE CRITERIA FOR APARTMENT BUILDING, LIMITED AND RENUMBERING FOLLOWING SECTIONS. 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’s adopted growth policy encourages a diversity of housing types and opportunities; and WHEREAS, residential zoning districts have been created with standards relating to mass and scale of buildings as contributing elements to the visual character of individual districts; and WHEREAS, all residential zoning districts provide for a variety of housing options within the mass and scale standards of the districts; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.310.030.A of the Bozeman Municipal Code be amended as follows: 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. DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 2 of 8 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- O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited4 — — — P 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 DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 3 of 8 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 — 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. 4. Supplemental Use Criteria for Apartment Building, Limited are in 38.360.070. Section 2 That Table 38.320.030.A of the Bozeman Municipal Code be amended as follows: 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. DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 4 of 8 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 (38.320.030.A) Single-household dwelling 4,000 1 4,000 1 4,000 1 4,000 1 4,000 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 Two-household dwellings — — 2,500 1 2,500 1 2,500 1 2,500 3,000 — 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 2 3,000 3 3,000 3 None 3,000 3 — Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,500 3 2,500 3 2,500 3 2,500 3 2,500 3 None 2,500 3 2,500 Apartments and Apartment Building, Limited —First dwelling — — — — 5,000 None 5,000 — DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 5 of 8 Apartments and Apartment Building, Limited —Each dwelling after the first — — — — 1,200 None 1,200 — Apartment Building, Limited – each dwelling — — — 3,000 — — — — 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 4 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 5 2.5 5 2.5 5 2.5 5 — 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. Per townhouse lot or rowhouse dwelling. 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 5. 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. DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 6 of 8 Section 3 That a new 38.360.070 of the Bozeman Municipal Code be created as follows and the existing 38.360.070 and all subsequent sections be renumbered as needed: 38.360.070 Apartment Building, Limited A. Apartment Building, Limited is subject to the following: 1. No fewer than five or more than eight dwellings in a single building. 2. Do not exceed 120 feet in width or length and 10,000 square feet in maximum floor area within all dwellings, attached parking structures, and parking spaces internal to the building combined. Common interior spaces are not included in the calculation of the 10,000 square feet maximum area. Common interior spaces means enclosed spaces which are designed for use by occupants of more than a single dwelling. Examples include but are not limited to elevators, shared stairs, walkways, atriums, laundry rooms, and mail rooms. 3. The maximum area of common interior spaces attached to or included within an individual Apartment Building, Limited is : a. 1,000 square feet plus 250 square feet per dwelling in the individual building; and b. If an Apartment Building, Limited is part of a larger development, and there are common spaces attached to the building to serve the larger development, an additional 150 square feet per dwelling in the larger development is allowed to be added to the common interior spaces attached to an Apartment Building, Limited. 4. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria. a. A departure may be granted to alter the proportion of area of common interior spaces to area of dwellings. The criteria for the departure is the combined area of dwelling area and common interior spaces does not exceed 13,000 square feet. b. A departure for additional building length or width may be granted on lots larger than 24,000 square feet at a rate of 1 linear foot of building length or width per 3,500 square feet of lot area in excess of 24,000 square feet up to 160 total lineal feet of building length or width. DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 7 of 8 c. Departures must demonstrate the additional common area or length/width meets the intent of the Apartment Buildings, Limited designation to allow more flexibility in building form and dwelling unit arrangement while also being consistent with the mass and scale of medium density zoning districts. Section 4 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 5 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 6 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 7 Codification. This Ordinance shall be codified as indicated in Section 1 – 3. DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4 Page 8 of 8 Section 8 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 5th day of January 2021. ____________________________________ CYNTHIA L. ANDRUS 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 26th of January, 2021. The effective date of this ordinance is February 26, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 45FE425F-035E-4248-A64B-E7BBCFAC20B4