HomeMy WebLinkAbout22133 38.380 Replacement - e-newsRevisions to the Unified Development Code updated affordable housing standards.
What? The City of Bozeman continuously evaluates its regulations to more effectively address
issues like housing supply and affordability. Last year, Bozeman hired a consultant to look over its land
development regulations and identify possible barriers to creating affordable homes in the community
and respond to state law changes. The review included multiple public meetings and other opportunities to learn from the community. You can view the full report from the project in the Documents section on the Code Audit web page. The report outlines recommended changes to city regulations for City Commission to consider.
The City proposes to change various regulations as a result of that evaluation.
1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing. This change is required to align city regulations with recent changes in state law that prohibited local governments from requiring new developments to
include affordable housing.
The new wording describes how and when incentives can be used to encourage rather than require affordable housing in new developments. It also outlines how the program is administered, and what incentives are provided. Incentives are applicable to both rental and purchase housing. Incentives include, but are not limited to, more permissive form and intensity
standards such as building height and lot sizes, parking, and concurrent construction of homes and infrastructure.
2. Remove old code wording about affordable housing throughout Chapter 38, Unified Development Code.
3. Revise requirements for residential uses to align with the new 38.380, and reduce parking
requirements for all residential districts. All incentives are now located in the new text of 38.380.
4. Amend required lot area for some types of dwellings in a development to require less land, Table 38.320.030.A.
5. Create new standards for transitioning building height to lessen visual effects for developments that use height incentives under the new division 38.380, Section 38.320.060.
6. Remove requirement for owner occupancy for accessory dwellings in the residential suburban and residential low density zoning districts, Table 38.360.040.
7. Amend required parking standards for residential uses to require fewer parking spaces per home, Table 38.540.050
8. Amend several definitions in Division 38.700 to conform to the proposed amendments.
Why? State law has restricted local governments’ ability to require the creation of affordable
housing. These code changes bring local regulations into compliance with state law. As a result, communities must now use incentives to encourage developers to building affordable housing rather than requiring that they do so.
The complete text of the proposal, and other related information such as meeting dates, is available
through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582-
2260, and online under the Division 38.380 Amendments section. The proposal may change as the public review process proceeds.
Who Decides? The City’s Economic Vitality Board and Community Development Board will
consider and discuss these changes and will provide a recommendation to the City Commission. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the
proposal or continue the public hearing to another date. The City Commission may change any of the proposed wording in this project during the public hearing process.
How can I weigh in? There will be two public hearings, on Monday, August 1, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, August 23, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city
encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to the City Clerk, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2105 in all
comments. If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).