HomeMy WebLinkAboutFraternity & soroity houses ZTA APPLICATION & CHECKLIST 1
Zone Text Amendment (ZTA) Application 7-24-22
#22270 Fraternity & Sorority Houses Authorized Use in Residential Zoning Districts
Text Amendment Request
Project narrative
Bozeman Neighbors are concerned about a small change that was made to the Unified Development Code on
March 31, 2018. Neighbors did not know about this small change but this change can have a big impact on the
livability and character of residential neighborhoods all over the city.
Neighbors are asking the city to approve a zone text amendment (ZTA) to reinstate “Fraternity and Sorority
houses” as an Authorized Use, allowed only in R5, RO and conditionally in R3 in the Residential Zoning District
Muni Code Table 38.310.030.A. of the Unified Development Code (UDC). This reinstatement will return this
Authorized Use to the way it was listed in the UDC prior to the change made without neighbors’ knowledge
on March 31, 2018.
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In February 2022 a single-family home at 411 Garfield was sold and then rented. Soon thereafter neighbors
noticed quite a few young men at the house having loud parties. When neighbors talked with the young men,
they were very surprised to learn that a fraternity, Alpha Sigma Phi (ASP), was renting and living in the house.
Neighbors had understood that new or relocating fraternities were only allowed in limited residential zoning
districts and that did not include the one they lived in, R2.
Neighbors then investigated how a fraternity was able to occupy a single-family home. They learned that the
city of Bozeman had made a small change in the UDC on March 31, 2018, that removed “Fraternity and
Sorority houses” from Table 38.310-030.A – “Authorized Use in the Residential Zoning Districts”. where it
indicated that fraternity and sorority houses were only allowed in R5, RO and conditionally in R3. Yet nowhere
in the UDC could they find where Fraternities and Sororities were supposed to be.
Contacting the city Planning Department neighbors learned that the fraternities and sororities are now
considered as a “Group Living” Use and allowed in ALL residential zoning districts. So not only could a
fraternity move right next to these neighbors, but a fraternity could move into ANY residential neighborhood
in the city.
Because the Garfield house is small with limited parking, only 6 ASP members can live there. However, this
group has 50+ members. When meetings, parties or other events take place at this house there can
potentially be as many as 100 people on the property (members + friends) resulting in overflow parking and
very loud noise that is often fueled by alcohol. The surrounding and nearby residents in single family homes
have long coexisted with the sounds and parking difficulties that are destined to occur when one lives in a
university neighborhood. But the arrival of a large fraternity in a small former family home constitutes a whole
new layer of disturbance.
This is why the neighbors living in the University Neighbor Association (UNA) petitioned the city to reinstate
Fraternity and Sorority houses into the “Authorized Use in the Residential Zoning District” Table and relist that
they can only be allowed in R5, RO and conditionally in R3, as they were prior to the March 31, 2018 change.
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Over 140 concerned neighbors signed the petition, which was sent to the Bozeman city manager and city
commission. Neighbors in other parts of the city are also concerned. The petition asked those that signed to
indicate if they knew about this 2018 change. Not a single person knew about the change. The city Planning
Dept gave a presentation about the multiple proposed changes to the UDC to the Inter-Neighborhood Council
(INC) on May 11, 2017. Minutes from that meeting did not mention the change regarding where fraternity and
sorority houses could be allowed. The 64-slide Power-point presented at the “Code Update – Neighborhoods
Deep Dive” on May 23, 2017, also did not include this proposed change. Yet such a change could have a big
impact on neighborhoods all over the city.
There are currently 2-3 MSU affiliated fraternities looking for a house to live in. The MSU Dean of Students
Office has indicated they get weekly calls from fraternities and sororities interested in how to affiliate with
MSU. There is indeed a growing interest by new or relocating fraternities and sororities to find a house in
Bozeman for their members to reside in.
There are two issues here.
1. Group Living use does not reasonably cover the needs or expected use by a fraternity or sorority. In
Group Living (Muni Code Sec 38.360.135) in all R districts except REMU, on-site services and facilities
may be provided only to residents of the group living use (facility). Looking at the Spring 2022 data
from Montana State University, the number of active members in the various MSU fraternities ranged
from 24 to 71. A prime purpose of the building is to host many events and meetings, social occasions,
for ALL their active members plus guests.
Therefore, the requirement for their typical use cannot depend solely on the number of individuals
living in the building, but rather the requirements must address the total number of active members.
The needs for event space for a fraternity with 25 or 65 active members (plus friends) are not met by a
single-family dwelling, regardless of location.
2. The second issue is location. Sororities and especially fraternities are a unique group with their own
culture, exuberance and their own events and parties that often draw large numbers of people. The
building and location of their houses need to accommodate frequent, large events – membership
meetings, parties, group projects such as making homecoming floats. Dropping a Greek fraternity or
sorority house into a single family/small rental neighborhood can create unnecessary stress and
friction between neighbors and Greek residents along with repeated calls to city and MSU police over
noise, parking and alcohol.
To head off future disruptions and livability problems for neighbors and fraternity and sorority residents and to
potentially reduce calls to city and MSU police, a text amendment should be approved to list Fraternity and
Sorority houses as a separate Authorized Use in Permitted Group Residential Zoning Districts and only allowed
in R5, RO and conditionally in R3, as was listed in the UDC in 2017 before the change.
Neighbors in UNA are also reaching out to MSU asking them to consider having additional Greek houses on
Greek Way and/or on S 5th (where former faculty housing has been) or on the western part of MSU. These
areas would be a more compatible place for Greek houses than single family/small rental residential
neighborhoods.
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Required Check List Questions
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The purpose of the proposed change is to accurately reflect that the type of residential use needed by
fraternity and sorority houses is essentially unique, and not reflected under Group Living use. This change is
consistent with several themes in the 2020 Bozeman Community Plan..
• Theme 1 - Resilience, Goal R1.1
“Be reflective; Use past experience to inform future decisions.”
There are numerous fraternity and sorority houses that have been in neighborhoods for years. Notably these
are relatively large buildings with internal space for meetings and parties. Even so, if you have ever lived next
to or near a Greek house, especially a fraternity, you know it can be a challenge, disruptive and hard to live by.
The past experience of living next to or near a fraternity or sorority informs neighbors and should inform city
government that these types of facilities need larger indoor space and room for parking beyond just for the
residents living in the house. These needs combined with the decibel loud noise show that fraternities and
sororities may not be compatible in some neighborhoods.
• Theme 2 “A City of Unique Neighborhoods” and Goal N4.1
“To continue to recognize and honor unique neighborhoods and neighborhood character.”
Neighborhoods can have single family homes, duplexes, small rentals and even ADUs. They have their own
character based on history, people living there, buildings and green space. But when a fraternity or sorority
(especially a fraternity) moves into an existing neighborhood, the character and livability changes dramatically.
When all the members or even half are present for meetings, events, parties there can be over 50-100+
members and friends gathered resulting in overflowing parking and decibels loud noise. All this is often amped
up by alcohol in fraternities.
This does not honor the character of an existing neighborhood.
• Pg 20 of the 2020 Bozeman Community Plan lists
“Principles Applied to the Community Plan “
1st bullet “Health and well-being of the public is an essential focus”.
5th bullet “City intends to create a healthy, safe, resilient and sustainable community by incorporating
“A Holistic approach to ……..neighborhoods…..”.
The well-being of an existing neighborhood and the health of a fraternity or sorority can both be viewed as
essential. But the well-being is eroded for both when a new or relocated fraternity or sorority moves into a
house in an existing neighborhood. Ongoing friction over loud noise, parking and volumes of people make this
situation very unhealthy.
By definition a holistic approach addresses the leading cause of a problem rather than just the symptoms. The
symptoms of loud events and large gatherings, many cars and lots of people with alcohol can often lead to
calls to the City & MSU police. However, the main problem may be inadequate facilities and poor location of
new or relocated Greek houses in residential neighborhoods. Greek houses need to have adequate meeting
facilities and parking and a location where they can enjoy their culture just as neighborhoods need to be able
to enjoy their culture and preserve their neighborhood’s character.
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b. Will the new zoning secure safety from fire and other dangers? How?
Yes. Ensuring that fraternity and sorority buildings meet the fire and safety codes for the actual number of
typical users and type of event, instead of just for those that live there, will increase the safety for the
members and guests. Locating fraternity and sorority houses in limited residential zoning districts could
reduce the number of disturbances between neighbors, reduce potential drunk driver/pedestrian accidents
and reduce litter in neighborhoods ,making it safer.
c. Will the new zoning promote public health, public safety, and general welfare? How?
Yes. Recognizing that Greek Houses have unique needs and characteristics can help to reduce the potential for
conflicts between neighbors and (especially) fraternity members. This reduces stress, friction between these
groups and work load and stress on city and MSU police officers.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements? How?
Yes. Directing where new or relocating fraternity and sorority houses can be located could help reduce on-
street parking and street congestion for passing cars, pedestrians, bicyclists and buses during Greek meetings,
events and parties.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Does not Apply
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
Potentially Yes. Fraternity and sorority events, meetings and parties that have lots of vehicles parked near a
Greek house can have an impact upon on-street parking and could interfere with some bus routes and bicycle
traffic.
g. Does the new zoning promote compatible urban growth? How?
Yes. By recognizing the true needs of fraternities and sororities and by allowing new or relocating fraternity
and sorority houses only in specific Residential Zoning Districts, it reduces stress and tension between
neighbors and the Greek members and their friends when fraternities and sororities have exuberant parties
and events..This promotes more compatible urban growth.
h. Does the new zoning promote the character of the district? How?
Yes. Directing new or relocating fraternities and sororities to specific Residential Zoning Districts rather than in
ANY Residential Zoning District helps promote the character of single family/small rental neighborhoods.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Yes. The reinstatement of fraternity and sorority houses as an Authorized Use allowed only in R5, RO and
conditionally in R3 addresses the unsuitability of certain residential areas for the use of fraternity and sorority
houses. It would limit the Residential Districts in which fraternity and sorority houses would be allowed.
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j. Was the new zoning adopted with a view to conserving the values of buildings? How?
Yes. Although the current housing market is booming, houses next to or near sororities and especially
fraternities will likely have decreased property values. Allowing Greek houses in limited Residential Zoning
Districts will help conserve the value of many neighborhood homes.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
Yes. Directing new or relocating fraternity and sorority houses to R5, RO or conditionally in R3 encourages the
location of Greek Houses in more appropriate areas.
2. This text amendment request is not about subdivisions therefore it does not apply to any subdivision
changes
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 Code.
There is no language to be removed from the UDC, but there is language requested to be reinstated and added
to the UDC.
-Reinstate Fraternity and Sorority houses as an Authorized Use permitted only in R5, RO and conditionally in R3
Reinstate text below – Fraternity and sorority houses with allowed residential zoning districts
Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted group residential uses in residential zoning districts
(see next page for text to reinstate and location to be inserted back into the UDC)
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3. (continued) Provide text to reinstate and location to be inserted back into the UDC
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-O1 RMH
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
-----Fraternity and sorority houses __ __ __ C __ P P __
Group day care home* P P P P P P P P
Group living (38.360.135)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and emergency housing (38.360.140)* and related services S S S S S S S S