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Home My WebLink About21- Ordinance 2091 ADU Standards UpdatePage 1 of 5 ORDINANCE 2091 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO TO AMEND THE REQUIREMENT THAT GROUND FLOOR ACCESSORY DWELLING UNITS MUST HAVE ALLEY ACCESS BY REQUIRING THAT GROUND FLOOR ACCESSORY DWELLING UNITS (ADUs) MUST EITHER HAVE ALLEY ACCESS OR A PEDESTRIAN CONNECTION TO A SIDEWALK OR ADJACENT RIGHT OF WAY AND REMOVE THE REQUIREMENT TO PROVIDE MINIMUM PARKING FOR ADUs BY AMENDING 38.360.040 (ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS) AND TABLE 38.540.050-1. 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, City is committed to reviewing and improving the Unified Development Code; and WHEREAS, the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS, the City is committed to facilitating the construction of new housing by reviewing and revising zoning requirements; and WHEREAS, the City received a submission on the UDC Community Platform that suggested that the alley-access requirement for ADUs is too restrictive; and WHEREAS, a recent code audit has identified that removing the parking requirement may increase the chances of new construction of accessory dwelling units; and WHEREAS, the Bozeman Community Plan 2020 encourages the construction of accessory dwelling units and diverse housing types. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Ordinance 2091, Ground Floor ADUs Update Page 2 of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That 38.360.040 (ADU Use Table In Residential Zoning Districts), of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: 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 or pedestrian connection to a sidewalk or the adjacent right-of-way. 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. ADUs are not subject to minimum parking requirements. If parking is provided it must conform to all applicable standards. 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. 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. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Ordinance 2091, Ground Floor ADUs Update Page 3 of 5 Section 2 That Table 38.540.050-1 of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2 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. 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. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Ordinance 2091, Ground Floor ADUs Update Page 4 of 5 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. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Ordinance 2091, Ground Floor ADUs Update Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 16th day of November, 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 21st day of December, 2021. The effective date of this ordinance is January 20, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD