HomeMy WebLinkAbout10-10-23 CDB Agenda and Packet MaterialsA.Call Special Meeting to Order - 6:00 pm
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 719 359 4580
Access code: 957 0417 1363
B.Disclosures
C.Changes to the Agenda
D.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once per topic.
Please note, the Community Development Board cannot take action on any item which does not
appear on the agenda. All persons addressing the Community Development Board shall speak in a
civil and courteous manner and members of the audience shall be respectful of others. Please
state your name and place of residence in an audible tone of voice for the record and limit your
comments to three minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Tuesday, October 10, 2023
General information about the Community Development Board is available in our Laserfiche
repository.
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items.
As always, the meeting will be streamed through the Commission's video page and available in the
City on cable channel 190.
For more information please contact Anna Bentley, abentley@bozeman.net
1
E.Action Items
E.1 Continued Public Hearing for Property Specific Map Elements of Chapter 38, Unified
Development Code, Bozeman Municipal Code to Repeal and Replace the Entire Chapter
with New Zoning and Subdivision Regulations Including the Zoning Map Consistent with the
Montana Land Use Planning Act, Application 21381(Saunders)
E.2 Continued Public Hearing for Text Specific Elements of Chapter 38, Unified Development
Code, Bozeman Municipal Code to Repeal and Replace the Entire Chapter with New Zoning
and Subdivision Regulations Consistent with the Montana Land Use Planning Act,
Application 21381(Saunders)
F.FYI/Discussions
G.Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
2
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Continued Public Hearing for Property Specific Map Elements of Chapter 38,
Unified Development Code, Bozeman Municipal Code to Repeal and Replace
the Entire Chapter with New Zoning and Subdivision Regulations Including
the Zoning Map Consistent with the Montana Land Use Planning Act,
Application 21381
MEETING DATE:October 10, 2023
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider public comments and give direction regarding individually
suggested changes to the zoning map for specific properties as part of
conducting public hearing prior to making a recommendation to the City
Commission on the complete repeal and replacement of Chapter 38, Unified
Development Code.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:General Background. The Bozeman Community Plan 2020 [External PDF]
(BCP) was adopted in November 2020. It is the City's plan for land use and
development. On December 21, 2021, the City Commission adopted
Resolution 5368 [External Link PDF]. The resolution set priorities for
municipal actions over the next two years. Priorities include replacing
Chapter 38, Unified Development Code, BMC for the purposes to “facilitate
increased housing density, housing affordability, climate action plan
objectives, sustainable building practices, and a transparent, predictable and
understandable development review process.” This directive provides for
implementation of the BCP as called for in Chapter 4 of the BCP.
The City Commission budgeted funds for the work and a contract with Code
Studio was completed in June 2022 to support the City in changing
regulations. Substantial progress has been made on the project and the
formal public review process is underway. Recommendations from advisory
3
boards culminating with formal Community Development Board public
hearings will occur in September and October.
Public Hearing Process. Before new codes can be adopted, a formal public
review and comment process must happen. For zoning and subdivision
regulations this is a two step process. First, the Community Development
Board (assigned the state law responsibilities for advising on zoning and
subdivision regulation) must conduct public hearings, consider what the
public says, consider the criteria in state law to adopt zoning and subdivision
regulations, and review the draft regulations. After doing all this work the
Community Development Board must make a recommendation to the City
Commission regarding the proposed regulations. They are not required to
approve of the proposed regulations but must make a recommendation to
approve, approve with revisions, or to not approve. Once this process is
completed, the City Commission must also conduct public hearings and
consider all the same issues and material as the Community Development
Board plus the recommendation of the Board. Input from the public can
come in throughout this process. People can comment multiple times and in
different forms.
The draft of the proposed regulations and the zoning map were released to
the public on August 14, 2023. The draft was released well in advance of the
public hearings to provide the public opportunity to review and consider the
proposal and prepare to participate in the public hearings. The schedule for
the Community Development Board hearings is:
Sept 11th Community Development Board public meeting – Overview
presentation of draft document and map and outline of formal public
hearings process to come (completed)
Sept 18th Community Development Board public hearing begins
(completed)
Oct 10th Community Development Board public hearing continues
Oct 16th Community Development Board public hearing - vote and
recommendation on both map and text
At the September 11th meeting, Staff and Code Studio provided an overview
of the code and zoning map following a general outline of:
Staff - project purpose
Code Studio - layout and formatting, zoning districts, and revised
standards
Staff - changes to processes for subdivision and site development
Staff - zoning map
Staff - upcoming public process, how the public may participate
The staff report analyzing compliance with required state law criteria for
adoption of zoning and subdivision regulations is attached with the packet
for the September 18th public hearing and is also attached to the text
discussion item on this October 10th agenda.
4
Public Hearing Materials. The Community Development Board opened the
public hearing on Sept. 18th. The Board will consider the entire replacement
of both the text and the zoning map linked below. Both are available
through Engage.Bozeman.net/udc [External Link], the project website.
Additional materials on frequently asked questions, public engagement and
input, and previous meetings have been added throughout the course of the
project and made available to anyone on demand at the same website. Due
to the large file sizes and graphical formatting, it is easier to review the
materials on a larger screen. Links to the two parts follow:
Proposed Chapter 38, Unified Development Code [External PDF].
Proposed zoning map [External link].
Additional materials for this agenda element:
Several individual requests to change the zoning designation of specific
properties on the zoning map were received as part of public comment on
the replacement of Chapter 38. The individual requests are included in the
public comment folder [External Link] for the project. A list of the public
comments specific to individual zoning map amendments is attached. Due to
the many submitted comments, Staff prepared this list to enable a focused
discussion. The list includes:
Date the comment was submitted
Name and company affiliation if any of submitter
Property address
A hyperlink to the individual comment
The present zoning on the property
The draft zoning designation applicable to the property
The zoning designation requested
Parcel size
If the comment includes a map of the area to be changed
An indication if the requested change is consistent with the future
land use map from the Bozeman Community Plan 2020
Staff recommendation
Comments generally include a description of why the amendment is sought
as well as the change request.
Discussion on the text may also affect the final map recommendations. As
those text related decisions will be broadly applied rather than specific to an
individual property they are separated for the purpose of this discussion. A
single map incorporating all Board direction and recommendation will be
provided for City Commission consideration.
UNRESOLVED ISSUES:The public hearing process may identify needed revisions to the zoning map.
ALTERNATIVES:After the public hearing closes, the Board will consider the public comment,
consider the draft text and map, and consider the criteria established in
5
state law for adoption of zoning and subdivision regulations. At that point,
the Board may:
1. Recommend amendments to the map; or
2. Recommend approval of the draft as presented.
FISCAL EFFECTS:Funding for the code replacement has been budgeted.
Attachments:
UDC Comment summary - Maps.pdf
Report compiled on: October 4, 2023
6
Public Comments Requesting Specific Changes to the Zoning Map
Name Company Property Address File Name Link Current Zone
City Proposed
Zone
Requested
Zoning
Parcel
Size Legal (if needed)
Map
Provided
Conforms to
FLUM Staff Recommendation
C. Pitner 601 S. 9th 601 S 9th
https://weblink.bozeman.net/WebLink/DocView.aspx?id=278590&dbid=0&repo=BOZ
EMAN R-2 & R-4 R-A & R-B R-B 0.33 Yes Yes Staff finds the request is in conformace with the BCP 2020.
R. Pertzborn Intrinsik 1109 & 1143 Thomas DrivePro Dev Code ZMA
https://weblink.bozeman.ne
t/WebLink/DocView.aspx?id=280553&dbid=0&repo=BOZEMAN R-4 R-B R-C 8.24 Yes Yes Staff finds the request is in conformace with the BCP 2020.
T. Steinway Nest (Bangtail) Partners 803 N Wallace Nest Partners ZMA
https://weblink.bozeman.net/WebLink/DocView.aspx?id
=280270&dbid=0&repo=bozeman&cr=1 NEHMU NEHMU B-2M 1.43 Yes Yes Staff finds the request is in conformace with the BCP 2020.
L. Von Seggern Canyon Gate 980 Story Mill Road Canyon Gate
https://weblink.bozeman.ne
t/WebLink/DocView.aspx?id=280570&dbid=0&repo=boz
eman R-3 R-A R-B 9.70 Yes Yes This request may be affected by any changes to the RA district.
T. Steinway Intrinsik SW corner Bridger Canyon & Story Mill https://weblink.bozeman.ne
t/WebLink/DocView.aspx?id R-4 R-B R-C 1.55 Yes Yes
T. Steinway Intrinsik 1216 W Babcock Street
https://weblink.bozeman.ne
t/WebLink/DocView.aspx?id
=280911&dbid=0&repo=BOZEMAN R-3 R-A R-C 2.00 Yes Yes
P. Lange Providence Development South Range Crossing SRX North ZMA
https://weblink.bozeman.net/WebLink/DocView.aspx?id=280931&dbid=0&repo=BOZ
EMAN R-1 & R-2 R-A REMU 22.38 Yes Yes Staff finds the request is in conformace with the BCP 2020.
P. Lange Providence Development South Range Crossing SRX North ZMA
https://weblink.bozeman.ne
t/WebLink/DocView.aspx?id=280931&dbid=0&repo=BOZEMAN R-1 & R-2 R-A B-2M 17.49 Yes No Requires approved amendment to future land use map
7
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Continued Public Hearing for Text Specific Elements of Chapter 38, Unified
Development Code, Bozeman Municipal Code to Repeal and Replace the
Entire Chapter with New Zoning and Subdivision Regulations Consistent with
the Montana Land Use Planning Act, Application 21381
MEETING DATE:October 10, 2023
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider public comments and give direction regarding individually
suggested changes to the text as part of conducting a public hearing prior to
making a recommendation to the City Commission on the complete repeal
and replacement of Chapter 38, Unified Development Code.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:This packet includes new materials as attachments and described
below.
General Background. The Bozeman Community Plan 2020 [External PDF]
(BCP) was adopted in November 2020. It is the City's plan for land use and
development. On December 21, 2021, the City Commission adopted
Resolution 5368 [External Link PDF]. The resolution set priorities for
municipal actions over the next two years. Priorities include replacing
Chapter 38, Unified Development Code, BMC to “facilitate increased housing
density, housing affordability, climate action plan objectives, sustainable
building practices, and a transparent, predictable and understandable
development review process.” This directive provides for implementation of
the BCP as called for in Chapter 4 of the BCP.
The City Commission budgeted funds for the work and a contract with Code
Studio was completed in June 2022 to support the City in changing
8
regulations. Substantial progress has been made on the project and the
formal public review process is underway. Recommendations from advisory
boards culminating with formal Community Development Board public
hearings will occur in September and October.
Bozeman implements land use planning, subdivision, and zoning as
authorized by the State of Montana and adopted existing regulations under
the laws in effect at the time. The Governor signed Senate Bill 382, the
Montana Land Use Planning Act (the Act) on May 17, 2023. The Act changes
the legal framework for land use planning, subdivision, and municipal
zoning. Bozeman must follow the Act in its planning, subdivision, and zoning
activities. A copy of the Act was provided to the Board and a presentation of
its requirements given on July 17th. The recording for that meeting is not
available as of the writing of this material due to a technology problem. The
same materials are linked below.
Bozeman already uses many of the required practices of the Montana Land
Use Planning Act as part of its daily activities, but some changes are needed
to fully implement the state requirements. A more detailed summary and
the full text of the Act are available through the July 25th City Commission
agenda packet and are attached. Key elements of change from the Act
include:
1. Which state enabling legislation applies for updated and future
regulations.
2. Changing processes, extent, and methods of public participation.
3. Required content and extent of planning information to be prepared.
4. Process changes for amendments to zoning map, regulations text, and
land use plan.
5. Changes to development review processes and approval authority for
subdivisions and zoning projects.
6. Changes to review processes for variances and appeals.
The City completed several land use related planning documents in 2020.
Implementation of those plans has been ongoing ever since. The City
Commission approved a contract with Code Studio to assist the City in code
drafting in 2022. The development code process has been adjusted to
account for the new requirements of the Act. A website [External Link] was
created on August 11, 2022, to provide continuous information to the
public, accept public comment, and support interaction and discussion on
ideas. The City Commission conducted six work sessions to evaluate issues
and give direction. Links to those work sessions are available through the
attached file.
Major areas of changes with the UDC replacement include:
Compliance with revised and new state law - These are primarily
process changes and are discussed in the attachment regarding SB
382.
Layout and usability enhancements including changed organization,
layout, and increased graphics.
9
Sustainability including facilitation of electric vehicle charging, urban
agriculture allowances, support for recycling and composting,
clarification of provisions for solar energy, support for density, local
service commercial, walkability, and bicycle facilities.
Revisions and simplification for non-residential parking including some
removal of parking requirements.
Consolidation of residential zoning districts, removal of two non-
residential zoning districts, and creation of one zoning district.
Revisions to requirements for transportation studies and standards.
See the attached notice for additional details.
The subject of this public hearing as a complete repeal and replacement of
Chapter 38, Unified Development Code. What a complete repeal and
replacement means is that all existing elements of the City’s UDC including
but not limited to the following are proposed for repeal and subject to
change if the UDC replacement ordinance is adopted by the Bozeman City
Commission:
The uses allowed or prohibited in any zoning district and the
associated review process for approval.
The number, names and purposes of the City’s zoning districts
including residential, commercial, mixed use, and industrial districts.
Standards of land and building development in all zoning districts and
for all uses including without limitation building heights and setbacks
as well as other regulations controlling building placement and
construction.
Regulations addressing under what circumstances a landowner must
provide public or private infrastructure and the standards for
construction of new infrastructure.
Definitions of all terms used throughout the UDC including those
applicable to land uses, application procedures, and others.
Creation, deletion, consolidation, or other modifications to the nature
and location of zoning districts as shown on the City’s official zoning
map.
Standards for how City officials will interpret the text of subdivision
and zoning regulations and the boundaries of zoning districts.
Which person or entity of the City has the authority to make
recommendations or decisions on land development applications.
The process for review and decision making for amendments to the
zoning text, zoning map, subdivision regulations, site development,
interpretation of standards, the method of making appeals from
decisions, and other procedures of the UDC.
Organization, layout, and formatting of the UDC.
Coordination with State law.
Location of zoning districts on the zoning map including revisions to
boundaries, application of changes in the zoning text such as
consolidation, deletion, or creation of zoning districts and revisions to
improve consistency with the future land use map of the Bozeman
Community Plan 2020.
10
The City conducted extended public engagement and outreach throughout
the development of the draft regulations using many different methods to
reach as much as possible of the community. Community input helped to
shape the draft. A report on public engagement [External PDF] conducted
before the draft was released to the public has been prepared. Engagement
continues and public comment is encouraged. A summary of written
comments received to date and a response to comments is attached to this
agenda item.
Public Hearing Process. Before new codes can be adopted, a formal public
review and comment process must happen. For zoning and subdivision
regulations this is a two step process. First, the Community Development
Board (assigned the state law responsibilities for advising on zoning and
subdivision regulation) must conduct public hearings, consider what the
public says, consider the criteria in state law to adopt zoning and subdivision
regulations, and review the draft regulations. After doing all this work the
Community Development Board must make a recommendation to the City
Commission regarding the proposed regulations. They are not required to
approve of the proposed regulations but must make a recommendation to
approve, approve with revisions, or to not approve. Once this process is
completed, the City Commission must also conduct public hearings and
consider all the same issues and material as the Community Development
Board plus the recommendation of the Board. Input from the public can
come in throughout this process. People can comment multiple times and in
different forms.
The draft of the proposed regulations and the zoning map were released to
the public on August 14, 2023. The draft was released well in advance of the
public hearings to provide the public opportunity to review and consider the
proposal and prepare to participate in the public hearings. The anticipated
schedule for the Community Development Board hearings is:
Sept 11th Community Development Board public meeting – Overview
presentation of draft document and map and outline of formal public
hearings process to come (completed)
Sept 18th Community Development Board public hearing begins
(completed)
Oct 10th Community Development Board public hearing
Oct 16th Community Development Board public hearing - vote and
recommendation on both map and text
At the September 11th meeting, Staff and Code Studio provided an overview
of the code and zoning map following a general outline of:
Staff - project purpose
Code Studio - layout and formatting, zoning districts, and revised
standards
Staff - changes to processes for subdivision and site development
11
Staff - zoning map
Staff - upcoming public process, how the public may participate
The staff report analyzing compliance with required state law criteria for
adoption of zoning and subdivision regulations is attached with this packet
for the September 18th public hearing. A summary of the most significant
changes to the map and regulations is included in the attached public notice.
The public is encouraged to review the entire text and draft map. Additional
information on the process of developing the proposed regulations is
available on the project website, engage.bozeman.net/udc. [External link].
Public Hearing Materials. The Community Development Board opened the
public hearing on Sept. 18th. The Board will consider the entire replacement
of both the text and the zoning map linked below. Both are available
through Engage.Bozeman.net/udc [External Link], the project website.
Additional materials on frequently asked questions, public engagement and
input, and previous meetings have been added throughout the course of the
project and made available to anyone on demand at the same website. Due
to the large file sizes and graphical formatting, it is easier to review the
materials on a larger screen. Links to the two parts follow:
Proposed Chapter 38, Unified Development Code [External PDF].
Proposed zoning map [External link].
A copy of the notice published in the Bozeman Daily Chronicle and on the
City's website for this item is attached.
Additional materials with this packet:
Considerable public comment has been received on the replacement of
Chapter 38. The individual comments are included in the public comment
folder [External Link] for the project. A list of the public comments with a
general breakout on topics is attached. Due to the many submitted
comments, Staff prepared this list to enable identification of themes in the
comments and support a responsive discussion. The list includes:
Date the comment was submitted
Name of commenter
A hyperlink to the comment itself
A series of grouped topics with indication of topics addressed in the
comments
Additional items have been added to the packet since the Sept 18th public
hearing. These are:
Recommended revisions to the text
What we heard - Response to most frequent public comment subjects
Summary of public comments received to date - Text
Timeline showing times of initial code adoption or readoption of the
entire zoning ordinance.
Summary of public engagement events during development of
12
proposed regulations.
Recommendation on specific items by Historic Preservation Advisory
Board.
Recommendation on specific items by Transportation Board.
Recommendation on specific items by Economic Vitality Board.
UNRESOLVED ISSUES:The public hearing process may identify needed revisions to the text or map.
ALTERNATIVES:After the public hearing closes, the Board will consider the public comment,
consider the draft text and map, and consider the criteria established in
state law for adoption of zoning and subdivision regulations. At that point,
the Board may:
1. Do not recommend adoption of the ordinance based on findings of non-
compliance with the applicable criteria contained within the staff report;
2. Recommend amendments to the text and/or map; or
3. Recommend approval of the draft as presented.
FISCAL EFFECTS:Funding for the code replacement has been budgeted.
Attachments:
Com Dev Public Hearing Addendum - Potential Revisions to
Text 10-4-2023.pdf
Public Comment Addendum Updated Oct 4, 2023.pdf
UDC Comment summary - Text.pdf
21381 Staff Report UDC Replacement - 9-14-2023.pdf
Staff Report Attachment 1 Key Dates for Public Review
Staff Report Attachment 2 Copy of Revised Public Notice
Staff Report Attachment 3 MLUPA Compliance Key
Staff Report Attachment 4 SB382 Summary
Code Replacement Historical Timeline.pdf
HPAB Recommendation Memo to CDB UDC update 9-27-
2023.pdf
Transportation Board Recommendation 9-27-2023.pdf
Bozeman Economic Vitality Board Recommendation.pdf
Summary of Outreach 9-29-2023.pdf
July 2023 utility bill insert.pdf
Tall Buildings Map 7-15-2022.jpg
CBD Meeting 10-10-2023 R3 Analysis.pdf
Report compiled on: October 4, 2023
13
Page 1 of 4 Updated October 4, 2023
Community Development Board Public Hearing Addendum – Suggested Code Revisions
As described in the public notice, the review and potential revisions of the proposed regulations
continues during the public review process. Staff proposes some potential changes for Community
Development Board consideration. If the Community Development Board accepts the
recommendations, they will be incorporated with the draft of the proposed regulations provided to the
City Commission. Some were suggested by public comments, see the public comment addendum
attached to the packet, and some are from staff. Underlined text shows added wording if specific edits
are suggested.
1. Sections 38.210.020 (lot and building standards) and 38.300.020 (uses) - RA Zoning District Potential
Revisions
The RA district is the most frequently received subject of public comment. See the summary of public
comments included with the packet. Comment has varied in many aspects. The dominant theme has
been that combining the existing RS, R1, R2, and R3 districts and the uses allowed in those districts is too
much of a change. Quite a few of the comments which opposed combining all four districts indicated a
willingness to accept some combination of districts and some broader range of uses. The greatest
concern appears to be the allowance of multi-unit buildings with up to 8 dwellings, even when subject
to the other constraining standards of the proposed regulations.
An option to address the range of public comments, and to remain consistent with the Bozeman
Community Plan 2020 and Bozeman Climate Plan policy directives to encourage and facilitate compact
development and infill is:
1. Divide the RA district into two districts and rename the RB and RC districts now included in the
proposed regulations accordingly to RC and RD.
2. The area of the new revised RA district would be a combination of the geographic areas within
the RS, R1, and R2 zoning districts as shown on the zoning map comparison tool [External link]
on the right hand panel of the map. Some fine tuning of the map may be needed as the district
is divided.
3. New RB to be existing R3 area as shown on the zoning map comparison tool [External link] on
the right hand panel.
4. New RA residential uses limited to 4 dwellings per building or group of townhomes or
rowhomes.
5. Revise maximum building size and other standards to coordinate with change in uses.
6. Will need to coordinate with the NEHMU zoning district. The new RA may better match
standards in place in the NEHMU district today than the new RB would be.
2. Section 38.260.130 (Rules of interpretation - Floor Height)
The building standards (Paragraph B) in the individual districts includes a minimum and maximum height
requirement. For example, the minimum standard in the draft for new residential construction is nine
feet from the floor to the floor above as shown in 38.210.020 and further explained in the illustrations
and text in 38.261.130. This minimum provides room for head clearance, usable space, and the
ceiling/upper floor structural support.
14
Page 2 of 4 Updated October 4, 2023
Recently, construction practice has trended to taller ceilings with nine feet between the floor you stand
on and the ceiling over your head. This is not a building code requirement but general industry
preference. Previously, eight feet from floor to ceiling was the common dimension for many years. The
building code generally requires a minimum of seven feet from floor to ceiling.
One public comment raised a question regarding renovations of existing dwellings and the interaction
between the existing conditions, which are likely lower than nine feet, and the code requirement of nine
feet. Several comments expressed concern on overall height of buildings, especially in already
developed areas. An adjustment to the rules of interpretation for Floor Height appears to address both
sets of concerns. Expanded flexibility in allowed Relief, as described below, would be added to
paragraphs A and B. Relief is provided administratively and would not be a substantive change requiring
public notice. This revision would affect all districts in the draft.
5. Relief
a. Relief of up to 10% to a minimum or maximum ground story height may be granted due to
preexisting natural features or to coordinate with existing floor heights in non-residential
buildings.
b. Relief of up to the minimum clearance for occupied space allowed by building code may be
granted to coordinate with floor heights in an existing dwelling.
3. Add new section for detailed submittal for map and text amendments to address increased
information required by state law.
The Montana Land Use Planning Act places increased weight on factual analysis during the review of
zoning or subdivision regulations amendments than previous state laws did. To avoid repeated
application review and revision cycles, it is helpful to have more clearly defined submittal standards than
were applicable in the past. Due to the wide range of possible subjects it is difficult to precisely define all
that may be required so a more general approach is needed compared with other types of applications.
38.710.180 Submittal materials for text or map amendments.
A. An application for an amendment to the text of this chapter or the zoning map must be
accompanied by materials providing such information as the community development director may
reasonably require for purposes of this chapter. The application must contain sufficient information
for the review authority to make a proper decision on the matter. In all cases, the application must
include, and will not be deemed filed until all the following is submitted:
1. Information to establish that the applicant is an allowed entity per [Section 21(1) or 27(1),
MLUPA] to submit an amendment.
2. Notice materials required per 38.730.
3. Text or image materials necessary to address the required analysis in [Section 21(2) or 27(2),
MLUPA] as may be applicable to the subject of the proposed amendment and that
demonstrates the proposed amendment is in substantial compliance with the criteria
established by the state.
15
Page 3 of 4 Updated October 4, 2023
4. If needed, the application shall include data necessary to enable analysis and public comment
and consideration of potential impacts resulting from the proposed amendment.
5. An application fee as authorized by 38.700.140.
4. Section 38.320.120. new paragraph E – Targeted Grazing
There are many open spaces set aside in various parks and other developments. The vegetation in those
areas must be managed. Noxious and other weeds need to be controlled. Widespread use of chemical
controls can have negative side effects. Use of targeted grazing (often goats) for vegetation and weed
management is an established practice and is expanding in use. It has been used in some areas of
Bozeman successfully. Introduction of grazing animals in an urban environment must be managed
carefully to avoid conflict with other animals and people, provide proper vegetation management, and
accountability. This change makes possible the use of targeted grazing but also establishes some
oversight requirements to lessen potential problems. Placement in this section groups this activity with
other accessory agricultural uses.
E. Targeted grazing for weed control and open space management may be allowed as a special
temporary use for short terms or as accessory use to another established use for longer terms through
other review processes. No targeted grazing is allowed prior to approval by the city of a targeted grazing
plan. The city may establish duration, location, and other limits deemed necessary. The city manager
may establish administrative procedures to administer this section.
5. Sections 38.740.060, 38.740.080, and 38.750.040 Application deemed withdrawn
Sometimes an application begins but stops being advanced by an unresponsive applicant. This leaves an
open but uncertain status for the application and creates difficulty for tracking and reporting. The
proposed language provides a process and timeframe where the City can close an application whether
zoning or subdivision related. Separate processes exist for extending the approval period for projects
that have completed review. All development approvals have expiration dates.
38.740.060.B.3 (Zoning process for smaller [sketch plan] projects)
3. Should the property owner choose not to provide required information after an application has
been found insufficient, the city may proceed with review of the application. Lack of sufficient
application is an adequate basis for denial of the application regardless of other merit of the
application.
a. If there is no response from the applicant to the written notice of insufficiency for a period
of 180 days, the city may deem the application withdrawn and close the application. This
period may be extended by the community development director upon written request by
the applicant before the 180 days has lapsed.
38.740.080.C.2 (Zoning process for larger projects.)
16
Page 4 of 4 Updated October 4, 2023
2. Should the property owner choose not to provide the required information after an application
has been found insufficient, the city may proceed with review of the application. Lack of
sufficient application is an adequate basis for denial of the application regardless of other merit
of the application.
a. If there is no response from the applicant to the written notice of insufficiency for a period
of 180 days, the city may deem the application withdrawn and close the application. This
period may be extended by the community development director upon written request by
the applicant before the 180 days has lapsed.
38.750.040 – General review process for subdivisions
Every subdivision must be reviewed, approved by the review authority, and filed for record with the
county clerk and recorder in accordance with the procedures contained herein before title to the
subdivided land can be sold or transferred in any manner. Appeals of decisions made follow procedures
of 38.760.030.
A. The three steps of subdivision review require the applicant to submit information. The City may
require additional information be submitted to complete an application. A request for additional
information must be in writing. If there is no response from the applicant to the written notice of
insufficiency of the application for a period of 180 days, the city may deem the application
withdrawn and close the application. This period may be extended by the community development
director upon written request by the applicant before the 180 days has lapsed.
6. Section 38.800.170 Planning Commission definition
Add clarity to the definition by not only identifying the function of the planning commission but also the
name of the entity charged with the functions.
Planning commission. The advisory body with duties assigned by the city commission regarding land use
planning, subdivision, and zoning. The city commission has designated the community development
board as the planning commission.
17
Page 1 of 18 Updated Oct 4, 2023
Community Development Board Public Hearing Addendum – Public Comment to Date
Response
As shown in the summary of public engagement included with the packet, the City takes
community input seriously. Over the course of the past year, we have engaged with residents
and community partners in over 75 meetings, presentations, pop-up info tables and online
activities to gather over 500 unique insights on the many topics and priority areas in the UDC.
Apart from these engagement efforts, as of October 4th, we’ve received over 220 written public
comments and 37 oral public comments during the public meetings beginning on September
11, 2023. More are expected as the public hearing process continues. Comment has covered
many topics, offering support for, raising questions about, and opposing different elements of
the draft. Some have offered alternative text language or zoning map designations for specific
properties.
Attached with the packet is a summary of the individual comments and the subjects they
address. Many comments address more than one subject, and many subjects interact with
others. It is not practical to address each comment individually and would be very repetitive.
This document provides a general summary and information applicable to the most frequent
topics included in the comments received to date.
What we have heard:
1. RA district. The initial proposed draft includes a single district (RA) that covers the geographic
area currently covered by the RS, R1, R2, and R3 districts. The mapping of the new and old
districts is available with an online map that facilitates comparison of the existing/proposed.
Concerns expressed about the RA district include: maximum numbers of dwellings allowed in a
single building, potential to have buildings substantially larger than currently constructed in
some areas, adequate parking, potential loss of existing buildings to redevelopment,
neighborhood character, interaction between zoning and covenants, and impact on historic
preservation. This section will focus on use, see other sections of this document regarding other
subjects.
Areas currently zoned in the RS, R1, R2, and R3 districts have developed over long periods in
some areas and recently and quickly in others. The mix of uses in those districts varies as well,
with some areas predating adoption of zoning and having a more mixed pattern of uses.
Comments about use show a mix of concerns with some seeking no change in uses and others
accepting some additional multiunit dwelling options but not to the maximum of 8 allowed in
the current draft. No one standard is sufficient for addressing all issues in land development.
Therefore, it is necessary to consider how all the standards fit together and how they may
interact on the ground.
18
Page 2 of 18 Updated Oct 4, 2023
There is a common misunderstanding that the City’s RS and R1 zoning only allows one dwelling
per lot. In actuality, the City has allowed, for over 30 years, multiple buildings containing
dwellings per lot in all residential zoning districts. Although not common, several examples do
exist. The image below shows a single parcel with multiple detached dwellings on Sourdough
Road just south of Kagy Blvd. Since 1996, accessory dwellings (ADU) are also an allowed use in
all residential districts. Many ADUs have been built throughout the community, with 87 being
completed or in process in 2018-2023.
As the existing zoning allows for multiple dwellings on a single parcel, the greatest change in
the proposed draft related to use in the RA district is how many dwellings may be in a single
building.
19
Page 3 of 18 Updated Oct 4, 2023
Other standards that shape what is built include: maximum heights, required open space on
each site per dwelling, required parking, maximum area of a lot allowed to be covered with
buildings, and setbacks. This example [External link] (partially shown below) from
engage.bozeman.net/udc website illustrates how different standards all shape the ultimate
outcome.
For context, the median lot size in the Cooper Park historic district is 7,100 sq. ft. This area
would be in the proposed RA area. Setbacks from all property lines reduce the area where
buildings may be located. All buildings together may not cover more than 40% of the lot,
meaning that 60% of the lot is open. One or two on-site parking spaces are required for each
dwelling depending on how many bedrooms it has. An individual parking space plus required
20
Page 4 of 18 Updated Oct 4, 2023
driveway requires 400-450 square feet. A minimum of 100-150 square feet (equal to 10x10 or
10x15) open space must be provided for each dwelling. Very quickly, the theoretical eight
dwellings in a single building becomes many less to fit inside all the appliable standards.
The current zoning works in this same way with no one standard acting alone to constrain
development. The combined standards of development mean that someone cannot build out
an entire site to the maximum of any one standard without a very large site. No one can build
an 8-plex without also meeting all the rest of the standards. To construct an 8-plex would
require a site much larger than the typical dwelling lot.
The ability to have more than one dwelling per building can be used to renovate an existing
building, add to a building, or construct a replacement building. Any proposed development
must also meet building code requirements, the zoning does not have a minimum dwelling size
requirement. The building code requires much less living area for a dwelling than many people
assume. A three bedroom, two bath dwelling meeting all code requirements can be built at 600
sq. ft. in area.
Much of the existing development in Bozeman is less intense than the zoning presently in effect
would allow. Therefore, there is substantial ability for an existing owner to add height, expand
volume of a building, or otherwise increase in intensity under the rules in place today. The
growth policy (which sets overall development policy) says in part “Nothing in the zoning
amendment or site review criteria requires the Commission restrict one owner because an
adjacent owner chooses to not use all zoning potential.”
The Community Development Board may recommend changes to the text of the document to
address public comment if they find it appropriate to do so. An example would be to suggest
to the City Commission a division of the proposed RA district so that the RA district geography
includes the area now encompassing the RS, R1, and R2 districts; with a different district to
be created that includes the property shown on the existing zoning map as R3. The uses
assigned to the individual districts may likewise be adjusted so that the revised RA allows
buildings with a fewer number of dwellings than the proposed draft number of eight but still
consistent with the growth policy goal and state laws to allow increased density in developed
areas but with greater constraints.
2. Neighborhood. Comments relating to neighborhood touched on several different subjects
including: Size increase of new dwellings compared with existing buildings, displacement of
residents with new construction, changing building height, and that people not buildings define
character of a neighborhood.
Dwelling size and configuration preferences change over time. Nationally, dwelling sizes
steadily increased for many years with a slower increase more recently. National median
dwelling size was 2,312 sq. ft. and average size was 2,537 sq. ft. in 2021 for individual detached
dwellings. Existing dwellings in some areas of the city are substantially smaller than this. A
search of state housing tax data in 2016 showed 1,852 dwellings in Bozeman of less than 1,200
21
Page 5 of 18 Updated Oct 4, 2023
sq. ft. In 2016, this was about 21% of dwellings. Any redevelopment of those sites with existing
small dwellings is likely to follow current dwelling preferences making a visual difference in the
built environment even if the use remains the same. At the same time dwelling size has been
increasing, occupants per dwelling generally declined.
Neighborhoods and occupancy of individual dwellings have experienced substantial change
over time as shown in the chart above. The percentage of one person households documented
by the 2020 census ranges from 24.6% to 46.2% depending on the census tract.
As discussed further under item 4, the City has established both a minimum and maximum
density requirement with both the existing and proposed code. The redevelopment of existing
dwellings is subject to proposed section 38.26.030 which allows some exceptions to minimum
density for redevelopment of infill areas. As those sites are not as flexible as new development
due to the established built environment, the code allows some exceptions for requiring
additional dwellings when replacing an existing dwelling on some infill lots based on size. Also
included is a requirement that redevelopment of residential districts cannot result in fewer
dwellings than previously existed. This addresses the concern that someone might purchase
several smaller dwellings and redevelop a site with a new single dwelling much larger than the
existing pattern and reduce housing.
Comments also addressed part time occupants, often in the context of luxury housing, and that
it is people who make a neighborhood, not the buildings. The City does not have authority to
prohibit someone from purchasing a dwelling of their preference, or dictating how often they
choose to live there. Therefore, the City’s ability to address these concerns is limited. The City
does encourage social interaction in a variety of ways to encourage neighborliness but that is
outside of zoning. Any dwelling may be lived in by the owner or may be rented for living
quarters.
2
3
4
5
1920 1940 1960 1980 2000 2010 2020
Bozeman -Persons per Household
22
Page 6 of 18 Updated Oct 4, 2023
Most residents rent in Bozeman and have since at least 2000. The state’s Landlord Tenant Act
controls relationships between tenants and landlords and restricts the City’s ability to regulate
some issues.
Short term or vacation rentals are different from long-term rentals and are being addressed in a
separate code development process. Existing standards do restrict short-term rentals. Any
changes made in the separate process will be integrated to the overall code update. The City
Commission will consider revisions to short term rental regulations on October 17, 2023, and
public comment is still being accepted on proposed changes.
The proposed RA district does expand the range of residential uses in some areas formerly
zoned as RS, R1, and R2 to varying degrees. The allowed uses are generally consistent with the
types of dwellings already in the historic areas of town. It should be noted that the existing R1
district [External link] already includes seven different types of housing as well as other uses. As
shown in the annual land use inventory [External PDF] and associated layer in the Community
Development Viewer many older areas zoned as R1 and R2 have a considerable mix of housing
types already present. Therefore, with or without the proposed regulations, change can occur
in the built environment. The state legislature passed a law in 2023 that requires the City to
allow a duplex anywhere a single dwelling is allowed. This law took effect on October 1, 2023.
As discussed under items 1, 7, and 8, the existing zoning districts include maximum heights in
division 38.330 [External link] and development capacity that is greater than most landowners
choose to use.
The Community Development Board may recommend to the City Commission differences in
minimum and maximum densities or allowed dwelling types with a rationale supporting the
recommendation that is consistent with the growth policy.
3. Process.
A) Comments about the code development process have focused on ability to participate,
awareness that this effort has been occurring, state rules for development regulations, and the
public review opportunities.
The City must prepare and implement development regulations within the bounds the state
sets. The State has established certain minimum procedures and methods for review of initial
adoption and amendment of regulations.
The UDC replacement is focused on implementing already adopted planning documents
including the Bozeman Community Plan 2020 [External PDF], Community Housing Action Plan
[External PDF], and the Bozeman Climate Plan [External PDF]. Each plan had its own public
engagement and participation process where the public provided input and review on drafts
prior to a decision by the City Commission. The replacement of development regulations is
23
Page 7 of 18 Updated Oct 4, 2023
implementing, not redebating, those adopted plans. Zoning and subdivision regulations must
be in accordance with adopted growth policy (the Bozeman Community Plan 2020). The staff
report attached to the packet shows how that is happening.
The UDC replacement also has its own public engagement plan and process with many points
for public input and comment on draft materials. A consolidated list of outreach events and
expected public hearings is attached to the packet. It identifies over 75 specific events and six
planned public hearings. Many other tools for outreach were also used. A diverse mix of tools
was used to reach a diverse community. Also attached with the packet is a copy of the utility bill
insert included with July bills and a copy of the public notice published in the Bozeman Daily
Chronicle and elsewhere. The City has substantially exceeded the minimum requirements in law
for public engagement and been consistent with the public engagement plan.
The City has replaced its zoning regulations many times over the years. A timeline is attached
showing years in which the City replaced the entirety of zoning. Individual zoning and
subdivision regulation amendments exceed 650 since zoning was first adopted. Zoning change
is not unusual. The zoning regulations locally and the enabling legislation from the state ensure
that a certain process is followed to provide public access to decision making, but do not ensure
a specific outcome.
The public release date of the draft and map on August 14th provided over a month for review
of the draft before the first public hearing on September 18th. The Community Development
Board hearings (3) and City Commission expected hearings (3) span over 11 weeks. These
follow over a year of various outreach and public engagement including public discussions of
direction and alternatives being considered.
The Community Development Board makes recommendations on regulations. The Community
Development Board may offer a recommendation to the City Commission for subject areas in
the proposed regulations they believe should have additional analysis. The City Commission is
presently scheduled for three public hearings on the proposed regulations. The City
Commission may choose to have additional meetings.
B) City regulations must comply with state law. The 2023 Legislature passed at least 19 new
laws that revise the existing zoning and subdivision standards and processes. Eighteen of these
are individual uncoordinated changes such as requiring duplexes to be allowed wherever a
single dwelling is allowed or creating an administrative review process for some subdivisions
but not others. Once the effective date of the law passes, it is in effect whether Bozeman has
amended its local ordinances or not. Effectives dates range from the date the Governor signs
the bill to January 1, 2024.
One new law, the Montana Land Use Planning Act creates a coordinated planning, zoning, and
subdivision system and preserves the greatest local flexibility to implement our local plans and
priorities. Faced with the option to implement a coherently organized law connected to our
local priorities or a jumble of uncoordinated modifications to law, Bozeman decided to move
24
Page 8 of 18 Updated Oct 4, 2023
forward with the coherently organized option. This avoids the need to perform ordinance
revisions multiple times with repeated changes in the same subjects and unexpected negative
outcomes from the miscellaneous new laws.
Bozeman’s existing practice already aligns with many elements of the Montana Land Use
Planning Act. Administrative decision-making, fact-based review and compliance decisions, and
similar processes have been in place in Bozeman for many years. The new law requires the City
to show we are implementing actions to support creation of housing. Attachment 3 to the staff
report in the packet shows how the proposed regulations correspond section by section to the
requirements of state law.
The City started the development of the new UDC and zoning map to implement our local
adopted planning documents in July 2022. In May 2023, the state adopted new enabling
legislation for planning and development regulations with standards to emphasize public
participation in the policy and regulation development process and reduce public participation
in the review of individual development applications. Some comments voice concern over these
and other changes in this piece of legislation being implemented too quickly as a part of this
process.
During preparation of a land use plan or regulation amendment considerable analysis must be
made to address issues specifically called out in the Montana Land Use Planning Act. The
analysis may be done directly in a land use plan, in a supporting issue plan, or other supporting
documentation like the staff report attached to this agenda item. Each issue plan, such as the
recently adopted Park, Recreation, and Active Transportation Plan, has its own public
engagement requirements during preparation, review, and adoption. Therefore, the City finds
that there has been the necessary public engagement. The City usually updates several plans
each year. As each plan is revised or updated, the public process is repeated.
Review during the individual project level is restricted to those subjects not previously reviewed
or with materially more substantial impacts. The right to participate is established in the
Montana Constitution and includes “… reasonable opportunity for citizen participation in the
operation of the agencies prior to the final decision as may be provided by law.” The Montana
Land Use Planning Act sets the “as provided by law” parameter for zoning and subdivision
regulations. The noticing provisions (38.730) in the proposed regulations are consistent with
the enabling legislation for development regulations. The proposed regulations increase by 50%
the noticing distance required during evaluation of site-specific policy making actions like zone
map amendments.
The Montana Land Use Planning Act assigns review and decision authority for individual
developments which are reviewed against adopted regulations to staff. It maintains advisory
board recommendations and the City Commission as the final decision maker for establishing
policy and regulation.
25
Page 9 of 18 Updated Oct 4, 2023
The Community Development Board may make some recommendations on processes, but
options are limited to those allowed by the Montana Land Use Planning Act.
4. Density. Concerns expressed in this subject area include the physical appearance, size and
proportion of buildings to adjacent existing buildings, more people in an area, and impacts on
utilities. The information in this section will focus on infrastructure. See other sections of this
document for the other elements.
Increased dwellings are likely to increase the number of people in an area. The policy
documents (Bozeman Community Plan 2020, Bozeman Climate Plan, and Community Housing
Action Plan) being implemented with the proposed regulations, were adopted after
considerable public input and comment. All three documents support or directly state that
additional density of development should be enabled to support the priorities identified in each
plan.
Density can be measured in many ways. As shown above in item 2, the average number of
people per dwelling has decreased a lot in the past 50 years. Many fewer people may be living
in the same geographical area and in the same number of dwellings; so, it is less dense with
population but the same density of dwellings. People create a demand for infrastructure and
services, and planning for maintaining and expanding those services is an important part of
what the City does. Transportation plans, water supply, distribution, collection, and treatment
plans, fire protection plans, and others all look at existing conditions, future needs, and what is
required to address those future needs. The City periodically updates each of these documents
to account for changing conditions.
As part of its regular utility maintenance program, the City replaces older water and sewer
mains. In many cases, these old pipes are smaller than the eight-inch diameter minimum
standard installed today. As this maintenance is performed, additional capacity is incrementally
added to the distribution and collection systems. A change from a six to eight-inch diameter
pipe increases volume in the pipe by 77%. In addition, modern plumbing codes require more
water efficient fixtures. In the 1970’s, a standard toilet would use 3+ gallons per flush. Modern
toilets typically use 1.6 gallons. Therefore, as existing properties in older areas are remodeled
more efficient fixtures are installed which lower the water consumption of existing dwellings.
The City’s Water Conservation Division has been actively supporting such renovations for years
to reduce water use. 2023 estimated results indicate an annual water savings of 21.29 million
gallons from residential and commercial indoor uses.
These maintenance and conservation activities provide functional capacity to service increased
demand from infill development. Additional dwellings or businesses can be supported without
disrupting services to existing users. As part of the evaluation of individual developments, the
City checks to see if there is adequate utility and transportation capacity to meeting adopted
26
Page 10 of 18 Updated Oct 4, 2023
standards. If not, the development may not proceed until capacity has been added. See Article
38.4 for information on standards.
Apart from land use regulations, the City uses advanced computer modeling, asset
management, and other tools to manage its utility systems to ensure proper operation. The
annual capital improvement plan [External link] (CIP) identifies the projects for expansion,
replacement, and upgrade of all City facilities over the upcoming five years. The CIP is reviewed
in public meetings in the fall of each year and is a foundation element for the annual budget. As
part of the annexation process, not part of the Unified Development Code, landowners agree
that they will ensure water is available for their development and that the City has no
obligation to approve development until water availability or other necessary capacity is
shown.
The Community Development Board may make recommendations that affect density such as
recreating a minimum land are per dwelling standard, reduction to minimum dwelling density
per district, modifications to height standards, open space required per dwelling, lot coverage,
or similar standards. There are considerable interrelationships between standards so a change
in one may substantially affect another.
5. Growth. Concerns expressed under this topic include how the cost of growth is met,
affordable housing, type of housing and who occupies it, character of existing areas of the
community, and regional approaches to growth issues.
The Bozeman Community Plan 2020 [External PDF] considered the question of “To grow or not
to grow” on pages 8-15. It looked at the consequence of development happening inside vs
outside of the city. The overall conclusion was that although growth inside Bozeman does result
in changes to the community and can be challenging, it is more beneficial to have it in the city
than out. When growth happens inside the city, the adopted standards can be applied,
mitigation of negative impacts can be required, and a much greater share of costs can be borne
by those causing the costs. Development outside of the city minimally contributes to offsetting
costs of needed road construction or other services. Bozeman has no regulatory control outside
of its corporate limits.
The area that is municipal Bozeman and under city regulations is often misunderstood. The
City’s outer limits maintain a generally compact form. A map of the City and annexations over
time since 1996 is available through the on-line Community Development Viewer [External
link]. The outermost extents to north, west, and east have been quite stable. Areas developing
outside the city such as those along Huffine Lane at Gooch Hill and points west, or 19th Avenue
south of Goldenstein Lane are all in unincorporated Gallatin County and outside of the City’s
control.
27
Page 11 of 18 Updated Oct 4, 2023
Development in these unincorporated areas affects Bozeman. The City works with Gallatin
County and other municipalities to address growth issues. Ongoing efforts such as the Planning
Coordinating Committee, support intercommunity dialogue and support shared planning such
as the Triangle Community Plan and Triangle Trails Plan for areas of overlapping interest. The
City is actively participating in Gallatin Valley Sensitive Land Protection Plan [External link] that
engages with many other governmental and non-governmental entities to document and
evaluate recommendations. All these, and other actions, support Theme 7, A City Engaged In
Regional Coordination, in the Bozeman Community Plan 2020.
The City’s development standards require new development to cover the cost of expanding
infrastructure to service the new development. The City coordinates, through its impact fee,
CIP, and other programs, expansion and maintenance work to achieve a least cost most benefit
practical outcome from expenditures of public money.
The City does not control the State’s appraisal process, property valuations, or state tax
policies; nor does the City control the School District’s budget. These outside factors have a
considerable impact on costs to landowners. The City cannot apply funding tools such as sales
taxes, real estate transfer taxes, or similar tools because the state prohibits their use by the
City.
As noted in other responses, the City cannot prohibit a person from choosing to purchase a
dwelling or only occupy it part time. Partial occupancy certainly affects how residents
experience an area. The City cannot cap or restrict the price at what a person sells or rents a
dwelling. The state has prohibited the City from requiring provision of price limited housing as
part of development. See item 6 for more information.
The following selection from the 2022 land use inventory [External PDF] shows an area
bounded by Main Street to Garfield Street and S 8th Avenue to S. Rouse Avenue. Each color
represents a different land use. The mix of housing types already existing is consistent with the
diversity of housing allowed by the proposed RA district.
28
Page 12 of 18 Updated Oct 4, 2023
More recent development subject to the restrictions of zoning districts created a less diverse
housing mix.
Some issues identified under these comments are not within the scope of responsibility of the
Community Development Board or are outside the scope of the UDC replacement. The
Community Development Board will have a role in the update to the land use and issue plans as
they are updated and may provide policy input at that time.
29
Page 13 of 18 Updated Oct 4, 2023
6. Affordable Housing. What we have heard is that cost of housing is a critical issue for the
community, concern that since the proposed regulations do not require price controlled
housing they will be ineffective in addressing availability of affordable housing, and that
allowing additional dwellings to be constructed in existing areas will raise cost of existing
buildings.
Affordable housing is an issue that has been identified in municipal planning documents since
1972. Many different approaches and ideas have been tried with mixed success and the
housing challenge has persisted. The surge of interest in Bozeman during the Covid pandemic
amplified cost pressures with huge price increases over very short times. As discussed in the
City’s Community Housing Action Plan, housing needs are widespread across the spectrum of
residents and no one solution will be effective to address all housing needs.
The City uses many tools in support of affordable housing including direct financial support,
infrastructure construction, participation in the Regional Housing Coalition, and supporting the
Gallatin Housing Impact Fund. Additional information is available on the City’s website [External
link]. The City commissioned an audit of the development regulations in 2021 to help identify
requirements that might impede housing creation. A final report offered several suggestions for
changes which are included in the proposed regulations or were previously implemented.
These include, but were not limited to, removing floor area ratio and lot area as development
standards and revising residential parking requirements. Supply of housing alone will not solve
all housing affordability needs; but lack of supply will increase cost pressure.
In the proposed regulations, Division 38.340 is the implementation of price-controlled
affordable housing. The City adopted price-controlled housing regulations in 2007 that required
a percentage of housing constructed to be sold at certain price points. In 2021, the state
legislature passed laws prohibiting local governments from enforcing such regulations. The City
may offer incentives for developers to commit to rental or sale of dwellings at fixed prices.
Division 38.340 is the only portion of the proposed regulation that fixes a specific price point for
housing and includes the incentives to encourage developers to construct such housing. An
affordable housing plan is required to use the incentives. These regulations were updated in the
Fall of 2022.
The City has received Affordable Housing Plans as part of the following projects since the
incentive program was updated, and additional affordable housing projects are also in the
earlier stages of development review:
23170 - 14th & Patrick SP (440 new residential units total; 155 affordable units @ 60% AMI)
22375 - N 3rd Apts. SP (216 affordable units @ 60% AMI)
23148 - Truman Flats SP (470 new residential units total; 60 affordable units @ 80% AMI)
30
Page 14 of 18 Updated Oct 4, 2023
23235 - The Bootes SP (71 new residential units total; 4 affordable units @ 80% AMI)
City zoning cannot prevent investor/out of state owner purchase of housing. The City’s housing
staff describe the costs of housing being affected by the four factors of land, lumber, labor, and
lending. The UDC replacement can only address a portion of the land component and none of
the other three components. The UDC will not solve all housing affordability issues.
The City has commissioned economic analysis of incentives and some residential standards.
Analysis of incentives occurred during the 2022 update of the affordable housing regulations.
The present project also include analysis, a summary of analysis of the existing R3 district is
attached with the packet. This influenced development of the RA district.
The Community Development Board will have a role in future housing issue plans and land use
plan development. The Community Development Board may make recommendations regarding
standards of development and incentives within the scope of Chapter 38. Other housing
program elements or operations are not in their scope. The Economic Vitality Board is the
advisory board with primary advisory responsibilities to the City Commission for affordable
housing.
7. Building Height. What we have heard is that 3 stories are too tall for the RA areas and could
cause unwanted shading that could affect solar photovoltaic (PV) systems.
The proposed regulation allows for a maximum three-story building (maximum of 45’) in the RA
district, see section 38.210.020.B and further information on how that standard is applied in
38.260.100. This is similar to, or potentially shorter than, the existing allowed height of 40-46
feet in the zoning districts being combined into the RA district. There are existing three-story
single dwellings in both in older and new construction areas. However, they are a small
minority despite being allowed for years. A map of taller buildings in Bozeman and age of
construction is included in the packet materials for October 10th.
The City considers access to light and air as part of developing standards. Setbacks and
maximum heights are part of that consideration. The state does not have standards that
require protection of solar access. Section 70-17-301 MCA authorizes easements for solar
access between two property owners. The City does not limit tree heights or locations which
can also impact access for PV facilities. Imposing a standard to protect one property’s solar
access imposes limits on another property. The City does support and encourage solar PV and
other installations and the standards in 38.260.060 and 38.260.100 provide additional flexibility
for location of such facilities. Solar is included in the definition of essential services in 38.800.
The Community Development Board may make recommendations to the City Commission
regarding allowed building heights, setbacks, and other standards related to this subject.
31
Page 15 of 18 Updated Oct 4, 2023
8. Scale and Mass. What we have heard is the allowed building sizes in the RA district are too
tall and too large.
The scale, how large one building is compared with another, and mass, the objective bulk in
three dimensions of a building, are important elements in how an area looks. Height also plays
a role and is discussed above. As noted in item 2, individual detached dwelling sizes have been
increasing as occupancy has been decreasing. Bozeman also has a substantial component of
smaller dwellings. Recent multi-unit dwellings passing through the development review process
have included many smaller dwellings with most under 1,000 sq. ft.
The mix of trends towards both larger and smaller dwellings of different types provide diversity
of housing types and composition. This provides greater alternatives for residents to choose
from. Part of the purpose of the UDC replacement is to encourage midsized buildings with
multiple dwellings rather than just single dwelling or large multi-dwelling buildings. Over the
past 20 years, many smaller dwellings in older areas have been remodeled and expanded. Some
have been replaced with buildings much larger than previously existed before. The standards in
the RA district add new standards to control scale and mass with maximum building size,
maximum length and width, and wall plate heights which require the sidewalls of buildings to
pull inward above a certain height thereby reducing the overall volume of a building and its
scale and mass. See the illustration in item 1 of how the various standards applicable to a site
work together. See also the discussion of height in item 7.
Scale is also affected by the size of the parcel on which a building is constructed. A medium size
building on a small lot will look larger than the same building on a larger lot. The standards for
lot coverage, open space required, and parking are proportionate to the intensity of
development and lot size. A smaller lot will not allow as large of a building.
If the Community Development Board considers revisions to the RA district as discussed in item
1, adjustments to mass and scale standards may also be included.
9. Historic Preservation. We are hearing concerns about impacts of new standards on historic
structures and historic districts.
The City adopted zoning in 1935. The City prepared documentation, nominated, and received
approval of several national register historic districts in the 1970s and 1980s. A national register
historic district or other designation is an honorary status. The Montana Historical Society
website states, “The Register was established in 1966 to help property owners, communities,
and neighborhoods recognize their important historic properties, to offer realistic incentives for
preservation, and to ensure that Federal actions do not harm these properties without
alternatives being considered.” Inclusion in a historic district does not prevent buildings from
being altered or destroyed or limit the use of a building.
32
Page 16 of 18 Updated Oct 4, 2023
The City adopted the Neighborhood Conservation Overlay District (NCOD) in 1991. The overlay
has been a well-known element of Bozeman’s zoning program. The data upon which the NCOD
is based is from the 1980’s with some selected areas being updated more recently to account
for redevelopment and renovation. The NCOD uses the municipal zoning authority to establish
certain processes and standards for renovation and removal of buildings in support of
reinvestment and maintenance of historic structures. These standards have required much
more detailed site-specific review than elsewhere in the community for the same type of
smaller projects. The review requirements have been adjusted over the years to be less
prescriptive. The proposed regulations continue forward the existing NCOD standards.
The NCOD regulations have since their beginning, acknowledged the role of new construction
as well as preservation when warranted. This continues forward in the proposed regulations in
38.240.020. See paragraph A for purposes and paragraph H regarding demolition. An overlay
district layers additional standards or procedures onto whatever other zoning it “overlays”.
If a landowner wishes to demolish or alter a historic structure certain extra procedures apply. If
the City determines a structure is unsafe, will cost more to renovate than replace, or the
benefits of the new building outweigh those from preserving a building the City can allow
immediate demolition. If the City finds those standards are not met, then the City can impose
up to a two-year waiting period. However, at the end of that period the building may be
demolished. These existing processes are continuing forward. The City’s historic preservation
specialist is part of the development review process and reviews and comments on any
demolition or material changes to historic structures.
Areas within historic districts in Bozeman had substantially developed before Bozeman adopted
zoning. Historic Districts tend to have a wide mix of architectural styles, building sizes, and mix
of uses. There is no specific architectural style required within a historic district or the NCOD.
There are design standards which apply. With additional flexibility in uses allowed in the RA
district, the proposed regulations are more representative of the conditions which created the
historic character of the districts initially. See item 5 for additional information on existing uses.
Large existing dwellings can be renovated into multiple dwellings while respecting the external
appearance of the structure. New structures can, and have been, authorized for construction in
the NCOD. The proposed regulations won’t alter those situations. They do allow for a broader
range of uses. The NCOD does not control the uses allowed in a zoning district or the standards
such as setbacks. Many non-historical structures are located in the NCOD as well.
The Community Development Board may recommend to the City Commission revisions to the
zoning districts, both boundaries and standards. If, as noted in item 1, the Board chooses to
recommend a division of the initially proposed RA district, the map will need to be adjusted to
reflect the change. Some individuals have requested changes to the zoning map separate from
the RA district and the Board can recommend on those individual requests.
33
Page 17 of 18 Updated Oct 4, 2023
10. Sensitive Lands/Environment. What we heard is people are concerned for protection of
wetlands and vegetation and impacts of new development on them.
Development requires evaluation of many elements. The natural environment is one of them.
The City has adopted various standards to protect the natural environment. These include
floodplain management, setbacks from natural watercourses, stormwater controls, landscaping
requirements, wetland protection, and others. Each of these require an individual evaluation to
account for the wide variability by site. These are existing regulations that have been in place
for about 20 years. They are continuing forward in article 38.6 of the proposed regulations.
The Bozeman Community Plan 2020, Article 5, sets some basic expectations for how the City
considers habitat and natural environment in the urban context and as considered during
development review. The plan notes that the natural environment is an important element of
Bozeman. It also notes presumptions that lands within designated urban areas are for
development purposes. Protection of stream corridors, wetlands, and other high value habitats
is called for. If some areas are high value, then some must be low value in comparison.
The Bozeman Community Plan 2020, as well as the Bozeman Climate Plan, calls for increased
compact development and denser development to address a variety of community priorities.
This must be balanced with aspirations to protect sensitive lands. Low density development
consumes more land, is often inefficient for travel and energy use, and has higher water
consumption. High density development uses less land and can be water and energy efficient
but has a greater impact on the land where it is created. Development in Bozeman at urban
densities lessens pressure outside Bozeman for rural densities. The whole of the UDC strives to
balance density with quality of life and environmental services by incorporating well-planned
trails, parks, community gardens, trees, watercourse setbacks, and green infrastructure.
The City prepares various plans to consider impacts and potential mitigation of negative
environmental impacts. Examples are the Stormwater Plan and associated standards which
support water quality and prevent stream scour from rapid run off. The Urban Forestry Plan
addresses the management of the 26,000+ municipal trees on public property.
The City is presently working through a multi-jurisdiction partnership planning process to
identify locations of and tools to manage environmentally sensitive lands [External link] through
the Gallatin Valley. Most of these areas are located outside of the City. The project is open for
public input and review at this time. At the conclusion of the project evaluation of appropriate
revisions to development standards may be made.
The City is currently reviewing and updating wetland standards to account for recent decisions
by the US Supreme Court and direction given by the City Commission. That is a process separate
from the UDC replacement and is expected to have a public hearing before the City Commission
on December 5, 2023. Public outreach events for this project occurred on October 5th. Any
revisions made will be integrated with the UDC replacement.
34
Page 18 of 18 Updated Oct 4, 2023
The Community Development Board will be part of the review process for the wetland
regulation revisions occurring this fall. The Community Development Board in their
recommendation to the City Commission must be guided by the Bozeman Community Plan
2020 in balancing the competing interests affected by the proposed regulations.
35
# Date Name LinkR‐AR‐BR‐CNEHMUCommercialIndustrialHeightMassScaleOtherNeighborhoodDensityGrowthCovenantsGroup living issuesTransitionToo muchToo littleOtherConfigurationWidthOtherProcessHistoric preservationNCODSensitive landsCostAffordable housingEnforcementSolarSpecific code questionsOtherPUD/PDZSizeLocationOtherStreetsTrailsWater / Other101/12/23 M. WictorDocView.aspx?id=271018&dbid=0&repox201/23/23 M. WictorDocView.aspx?id=271799&dbid=0&repox301/26/23 M. WictorDocView.aspx?id=271931&dbid=0&repox402/01/23 W. KleindlDocView.aspx?id=272111&dbid=0&repoxx502/14/23 M. KaveneyDocView.aspx?id=272468&dbid=0&repoxx x x x602/23/23 M. EggeDocView.aspx?id=273170&dbid=0&repox702/27/23 K. CostakisDocView.aspx?id=272930&dbid=0&repox802/27/23 M. KaveneyDocView.aspx?id=272931&dbid=0&repoxx x x x903/17/23 L. SemonesDocView.aspx?id=273488&dbid=0&repox1003/21/23 M. BrownDocView.aspx?id=273483&dbid=0&repoxx1104/06/23 M. EggeDocView.aspx?id=273987&dbid=0&repox1204/11/23 M. BrownDocView.aspx?id=273988&dbid=0&repox1308/24/23 L. LawsonDocView.aspx?id=278597&dbid=0&repoxxx1408/24/23 P. BurnsDocView.aspx?id=278588&dbid=0&repoxxx1508/25/23 G. PooleDocView.aspx?id=278593&dbid=0&repox1608/25/23 G. PooleDocView.aspx?id=278594&dbid=0&repoxx1708/29/23 S. MillerDocView.aspx?id=278862&dbid=0&repoxx1809/05/23 L. AlbersDocView.aspx?id=278888&dbid=0&repoxxx1909/05/23 S. MercerDocView.aspx?id=278893&dbid=0&repoxxxx2009/07/23 B. WatersDocView.aspx?id=278908&dbid=0&repox2109/07/23 C. LuebbeDocView.aspx?id=278909&dbid=0&repox2209/07/23 D. FettDocView.aspx?id=278910&dbid=0&repox2309/07/23 J. MayDocView.aspx?id=278911&dbid=0&repox2409/07/23 M. OsmanDocView.aspx?id=278912&dbid=0&repoxx2509/09/23 C. LuebbeDocView.aspx?id=278918&dbid=0&repox2609/11/23 A. StewartDocView.aspx?id=279275&dbid=0&repox2709/11/23 A. WatsonDocView.aspx?id=279276&dbid=0&repox2809/11/23 C. LuebbeDocView.aspx?id=279277&dbid=0&repox2909/11/23 C. LuebbeDocView.aspx?id=279278&dbid=0&repox3009/11/23 D. MercerDocView.aspx?id=279280&dbid=0&repox3109/11/23 I. DeckerDocView.aspx?id=279281&dbid=0&repoxx3209/11/23 J. GoetzDocView.aspx?id=279282&dbid=0&repox3309/11/23 J. LoebDocView.aspx?id=279283&dbid=0&repoxx3409/11/23 K. PowellDocView.aspx?id=279285&dbid=0&repo3509/11/23 K. PowellDocView.aspx?id=279286&dbid=0&repoxx3609/11/23 K. PowellDocView.aspx?id=279287&dbid=0&repoxx3709/17/23 B. WatersDocView.aspx?id=280565&dbid=0&repox3809/17/23 C. GageDocView.aspx?id=280566&dbid=0&repox3909/17/23 C. TschacheDocView.aspx?id=280557&dbid=0&repox4009/17/23 G. MonahanDocView.aspx?id=280558&dbid=0&repoxx4109/17/23 L. BarnardDocView.aspx?id=280559&dbid=0&repox4209/17/23 M. OsmanDocView.aspx?id=280560&dbid=0&repox4309/17/23 P. HollandDocView.aspx?id=280561&dbid=0&repoxx4409/17/23 P. StewartDocView.aspx?id=280552&dbid=0&repox4509/17/23 S. LawsonDocView.aspx?id=280554&dbid=0&repoxxTransportation / InfrastructureDistrictsOther ADULot sizeBuilding mass/scale Community character Parking
36
# Date Name LinkR‐AR‐BR‐CNEHMUCommercialIndustrialHeightMassScaleOtherNeighborhoodDensityGrowthCovenantsGroup living issuesTransitionToo muchToo littleOtherConfigurationWidthOtherProcessHistoric preservationNCODSensitive landsCostAffordable housingEnforcementSolarSpecific code questionsOtherPUD/PDZSizeLocationOtherStreetsTrailsWater / OtherTransportation / InfrastructureDistrictsOther ADULot sizeBuilding mass/scale Community character Parking4609/17/23 S. LundenDocView.aspx?id=280555&dbid=0&repox4709/18/23 A. BrekkeDocView.aspx?id=280556&dbid=0&repoxx4809/18/23 A. ThoopDocView.aspx?id=280546&dbid=0&repoxxx4909/18/23 B. MacFawnDocView.aspx?id=280547&dbid=0&repox5009/18/23 C. BeltonDocView.aspx?id=280590&dbid=0&repoxx5109/18/23 D. NicholsDocView.aspx?id=280548&dbid=0&repoxx x5209/18/23 H. HillDocView.aspx?id=280591&dbid=0&repoxxx5309/18/23 I. CrosbieDocView.aspx?id=280592&dbid=0&repoxxx xx5409/18/23 J. & E. LammersDocView.aspx?id=280542&dbid=0&repoxx5509/18/23 J. SchmitzDocView.aspx?id=280541&dbid=0&repox5609/18/23 K. BarkDocView.aspx?id=280543&dbid=0&repoxx5709/18/23 K. BeltonDocView.aspx?id=280544&dbid=0&repox5809/18/23 K. CoyleDocView.aspx?id=280545&dbid=0&repoxx5909/18/23 K. FilpovichDocView.aspx?id=280383&dbid=0&repoxxxx6009/18/23 K. HolidayDocView.aspx?id=280549&dbid=0&repox6109/18/23 K. RochDocView.aspx?id=280593&dbid=0&repoxx6209/18/23 K. TrippDocView.aspx?id=280594&dbid=0&repoxx6309/18/23 L. DossDocView.aspx?id=280384&dbid=0&repoxx6409/18/23 M. AntonczykDocView.aspx?id=280385&dbid=0&repoxx6509/18/23 M. BarberDocView.aspx?id=280386&dbid=0&repox6609/18/23 M. BroughtonDocView.aspx?id=280595&dbid=0&repox6709/18/23 M. HolidayDocView.aspx?id=280538&dbid=0&repoxxxx6809/18/23 M. HolidayDocView.aspx?id=280585&dbid=0&repox6909/18/23 M. JamisonDocView.aspx?id=280586&dbid=0&repoxx x x7009/18/23 M. JohnsonDocView.aspx?id=280587&dbid=0&repoxx7109/18/23 M. MilesDocView.aspx?id=280387&dbid=0&repox xxx7209/18/23 M. OsmanDocView.aspx?id=280577&dbid=0&repoxxx7309/18/23 M. WilliamsonDocView.aspx?id=280388&dbid=0&repox7409/18/23 R. BurtonDocView.aspx?id=280389&dbid=0&repox7509/18/23 S. & H. HeahlkeDocView.aspx?id=280540&dbid=0&repox7609/18/23 S. EthridgeDocView.aspx?id=280539&dbid=0&repox7709/18/23 S. FerraroDocView.aspx?id=280588&dbid=0&repoxx7809/18/23 S. KapsnerDocView.aspx?id=280390&dbid=0&repox7909/18/23 S. MathreDocView.aspx?id=280391&dbid=0&repoxx8009/18/23 S. MerrillDocView.aspx?id=280392&dbid=0&repoxx8109/18/23 T. & K. BeltonDocView.aspx?id=280589&dbid=0&repoxx8209/18/23 T. MingeDocView.aspx?id=280550&dbid=0&repoxx xxx xxx x8309/19/23 A. SweenyDocView.aspx?id=280677&dbid=0&repoxxx8409/19/23 B. KoehlerDocView.aspx?id=280678&dbid=0&repoxxx8509/19/23 B. SegalDocView.aspx?id=280683&dbid=0&repox8609/19/23 P. CarrDocView.aspx?id=280694&dbid=0&repoxx x8709/19/23 T. & L. ThatcherDocView.aspx?id=280679&dbid=0&repox8809/20/23 A. AllowayDocView.aspx?id=280862&dbid=0&repoxxxx8909/20/23 A. SweeneyDocView.aspx?id=280825&dbid=0&repoxx9009/20/23 B. CrosbyDocView.aspx?id=280826&dbid=0&repoxxx37
# Date Name LinkR‐AR‐BR‐CNEHMUCommercialIndustrialHeightMassScaleOtherNeighborhoodDensityGrowthCovenantsGroup living issuesTransitionToo muchToo littleOtherConfigurationWidthOtherProcessHistoric preservationNCODSensitive landsCostAffordable housingEnforcementSolarSpecific code questionsOtherPUD/PDZSizeLocationOtherStreetsTrailsWater / OtherTransportation / InfrastructureDistrictsOther ADULot sizeBuilding mass/scale Community character Parking9109/20/23 C. KellnerDocView.aspx?id=280844&dbid=0&repoxxxx9209/20/23 J. SchwartzenbergerDocView.aspx?id=280845&dbid=0&repoxx9309/20/23 K. FrancisDocView.aspx?id=280846&dbid=0&repox9409/20/23 M. OsmanDocView.aspx?id=280853&dbid=0&repoxx9509/20/23 P. McGownDocView.aspx?id=280849&dbid=0&repoxxx9609/20/23 R. BaileyDocView.aspx?id=280850&dbid=0&repoxx9709/20/23 R. GorsuchDocView.aspx?id=280851&dbid=0&repoxx9809/20/23 R. PertzbornDocView.aspx?id=280852&dbid=0&repox xxxx x9909/21/23 D. BrownDocView.aspx?id=280854&dbid=0&repox10009/25/23 A. SweeneyDocView.aspx?id=280913&dbid=0&repoxxx10109/25/23 A. SweeneyDocView.aspx?id=280914&dbid=0&repox10209/25/23 B. OakbergDocView.aspx?id=280915&dbid=0&repoxx10309/25/23 C. MillerDocView.aspx?id=280916&dbid=0&repoxxx10409/25/23 C. MoriartyDocView.aspx?id=280917&dbid=0&repox10509/25/23 C. YeleyDocView.aspx?id=280918&dbid=0&repoxxx10609/25/23 D. & R. RockafellowDocView.aspx?id=280919&dbid=0&repox10709/25/23 D. TreinenDocView.aspx?id=280920&dbid=0&repox10809/25/23 E. GussDocView.aspx?id=280921&dbid=0&repox10909/25/23 E. MasonDocView.aspx?id=280922&dbid=0&repoxxx11009/25/23 G. SchontzlerDocView.aspx?id=280923&dbid=0&repoxx11109/25/23 I. Inderland & M. DelaneDocView.aspx?id=280924&dbid=0&repoxx11209/25/23 J. ArthurDocView.aspx?id=280925&dbid=0&repoxxx11309/25/23 L. McMullenDocView.aspx?id=280926&dbid=0&repoxx11409/25/23 M. & J. RognlieDocView.aspx?id=280927&dbid=0&repoxx11509/25/23 M. BasileDocView.aspx?id=280928&dbid=0&repoxx11609/25/23 M. PayneDocView.aspx?id=280929&dbid=0&repox11709/25/23 P. HedrickDocView.aspx?id=280930&dbid=0&repoxxx11809/25/23 S. HealyDocView.aspx?id=280932&dbid=0&repox11909/25/23 S. MohlandDocView.aspx?id=280933&dbid=0&repoxxx xx x12009/25/23 T. MingeDocView.aspx?id=280934&dbid=0&repoxxx xxx x12109/25/23 L. BargeDocView.aspx?id=280936&dbid=0&repoxx12209/26/23 M. OsmanDocView.aspx?id=280937&dbid=0&repox12309/27/23 M. KaveneyDocView.aspx?id=280942&dbid=0&repoxx12409/28/23 A. CrawfordDocView.aspx?id=281020&dbid=0&repox12509/28/23 A. KnaubDocView.aspx?id=281021&dbid=0&repox12609/28/23 A. KnaubDocView.aspx?id=281022&dbid=0&repoxxxx12709/28/23 A. SweeneyDocView.aspx?id=281023&dbid=0&repoxx x12809/28/23 A. SweeneyDocView.aspx?id=281024&dbid=0&repox12909/28/23 A. SweeneyDocView.aspx?id=281025&dbid=0&repoxx13009/28/23 B. FiedlerDocView.aspx?id=281026&dbid=0&repo13109/28/23 B. SmithDocView.aspx?id=281027&dbid=0&repoxx13209/28/23 C. BaileyDocView.aspx?id=281028&dbid=0&repoxx13309/28/23 C. ZuccaroDocView.aspx?id=281029&dbid=0&repox13409/28/23 D. CartyDocView.aspx?id=280946&dbid=0&repoxx13509/28/23 D. FettDocView.aspx?id=281030&dbid=0&repoxx38
# Date Name LinkR‐AR‐BR‐CNEHMUCommercialIndustrialHeightMassScaleOtherNeighborhoodDensityGrowthCovenantsGroup living issuesTransitionToo muchToo littleOtherConfigurationWidthOtherProcessHistoric preservationNCODSensitive landsCostAffordable housingEnforcementSolarSpecific code questionsOtherPUD/PDZSizeLocationOtherStreetsTrailsWater / OtherTransportation / InfrastructureDistrictsOther ADULot sizeBuilding mass/scale Community character Parking13609/28/23 J. MillerDocView.aspx?id=281031&dbid=0&repox13709/28/23 J. SaffordDocView.aspx?id=281032&dbid=0&repox13809/28/23 K. FilipovichDocView.aspx?id=281033&dbid=0&repoxxx13909/28/23 K. SilvestriDocView.aspx?id=281033&dbid=0&repox14009/28/23 L. CurranDocView.aspx?id=281033&dbid=0&repox14109/28/23 R. BlackDocView.aspx?id=281018&dbid=0&repox14209/28/23 R. RockafellowDocView.aspx?id=281036&dbid=0&repoxx14309/28/23 T. ColettaDocView.aspx?id=281037&dbid=0&repox14409/28/23 T. WellsDocView.aspx?id=281038&dbid=0&repoxx14509/28/23 W. & M. BennettDocView.aspx?id=281017&dbid=0&repox14609/29/23 A. SweeneyDocView.aspx?id=281040&dbid=0&repox14709/29/23 C. PriemDocView.aspx?id=281041&dbid=0&repoxx x x x14809/29/23 J. AustinDocView.aspx?id=281042&dbid=0&repox14909/29/23 J. GallagherDocView.aspx?id=281043&dbid=0&repox15009/29/23 L. LawsonDocView.aspx?id=281044&dbid=0&repoxxx15109/29/23 P. ComstockDocView.aspx?id=281045&dbid=0&repoxx15209/29/23 W. WilliamsDocView.aspx?id=281046&dbid=0&repoxx15310/02/23 A. KnaubDocView.aspx?id=281056&dbid=0&repoxx15410/02/23 A. SweeneyDocView.aspx?id=281058&dbid=0&repoxx15510/02/23 A. SweeneyDocView.aspx?id=281057&dbid=0&repox15610/02/23 B. HoaglandDocView.aspx?id=281059&dbid=0&repox15710/02/23 C. AndersonDocView.aspx?id=281060&dbid=0&repox15810/02/23 C. GauronDocView.aspx?id=281061&dbid=0&repox15910/02/23 C. KellerDocView.aspx?id=281062&dbid=0&repoxx16010/02/23 C. WagnerDocView.aspx?id=281063&dbid=0&repox16110/02/23 D. CenterDocView.aspx?id=281064&dbid=0&repoxx16210/02/23 D. ChambersDocView.aspx?id=281065&dbid=0&repox16310/02/23 D. WalesDocView.aspx?id=281066&dbid=0&repoxxx16410/02/23 F. MaxtedDocView.aspx?id=281067&dbid=0&repox16510/02/23 H. FullerDocView.aspx?id=281068&dbid=0&repox16610/02/23 J. MontagneDocView.aspx?id=281069&dbid=0&repox16710/02/23 J. PytkaDocView.aspx?id=281070&dbid=0&repoxx16810/02/23 J. StackDocView.aspx?id=281071&dbid=0&repox16910/02/23 K. HarkinDocView.aspx?id=281072&dbid=0&repox17010/02/23 L. LawsonDocView.aspx?id=281073&dbid=0&repoxx x17110/02/23 L. RyderDocView.aspx?id=281074&dbid=0&repo17210/02/23 M. BarberDocView.aspx?id=281075&dbid=0&repoxx17310/02/23 M. EggeDocView.aspx?id=281076&dbid=0&repox17410/02/23 M. Hahn‐KnoffDocView.aspx?id=281077&dbid=0&repo17510/02/23 M. NyeDocView.aspx?id=281078&dbid=0&repoxx x x17610/02/23 M. OsmanDocView.aspx?id=281079&dbid=0&repox17710/02/23 P. StiflerDocView.aspx?id=281081&dbid=0&repox17810/02/23 R. JamesDocView.aspx?id=281082&dbid=0&repox17910/02/23 S. & A. NeffDocView.aspx?id=281083&dbid=0&repox18010/02/23 S. OsmanDocView.aspx?id=281084&dbid=0&repox39
# Date Name LinkR‐AR‐BR‐CNEHMUCommercialIndustrialHeightMassScaleOtherNeighborhoodDensityGrowthCovenantsGroup living issuesTransitionToo muchToo littleOtherConfigurationWidthOtherProcessHistoric preservationNCODSensitive landsCostAffordable housingEnforcementSolarSpecific code questionsOtherPUD/PDZSizeLocationOtherStreetsTrailsWater / OtherTransportation / InfrastructureDistrictsOther ADULot sizeBuilding mass/scale Community character Parking18110/02/23 S. TsairisDocView.aspx?id=281085&dbid=0&repox18210/02/23 T. ColettaDocView.aspx?id=281086&dbid=0&repoxx18310/02/23 T. GreenwoodDocView.aspx?id=281087&dbid=0&repoxx18410/02/23 T. HarpsDocView.aspx?id=281088&dbid=0&repoxx18510/02/23 V. DeweyDocView.aspx?id=281089&dbid=0&repoxx18610/02/23 V. HockettDocView.aspx?id=281090&dbid=0&repoxx x x18710/03/23 A. SweeneyDocView.aspx?id=281108&dbid=0&repoxxx18810/03/23 G. Monahan (A. SweeneDocView.aspx?id=281109&dbid=0&repox18910/03/23 C. LangDocView.aspx?id=281110&dbid=0&repoxx19010/03/23 D. De BodeDocView.aspx?id=281111&dbid=0&repoxx19110/03/23 D. FinneganDocView.aspx?id=281112&dbid=0&repoxxx19210/03/23 E. LangeDocView.aspx?id=281113&dbid=0&repox19310/03/23 G. NyhusDocView.aspx?id=281114&dbid=0&repo19410/03/23 J. HawksDocView.aspx?id=281116&dbid=0&repox19510/03/23 J. KirkpatrickDocView.aspx?id=281117&dbid=0&repox19610/03/23 J. MacDonaldDocView.aspx?id=281118&dbid=0&repox19710/03/23 J. MaddenDocView.aspx?id=281119&dbid=0&repoxx19810/03/23 J. ScelziDocView.aspx?id=281151&dbid=0&repoxx x19910/03/23 K. BergevinDocView.aspx?id=281120&dbid=0&repox20010/03/23 K. ByrneDocView.aspx?id=281121&dbid=0&repox20110/03/23 K. SanchezDocView.aspx?id=281122&dbid=0&repoxxx20210/03/23 K. SkuntzDocView.aspx?id=281123&dbid=0&repoxxx20310/03/23 L. KudrnaDocView.aspx?id=281124&dbid=0&repoxx20410/03/23 L. LairdDocView.aspx?id=281125&dbid=0&repox20510/03/23 L. SchmidtDocView.aspx?id=281126&dbid=0&repoxx20610/03/23 L. TsairisDocView.aspx?id=281127&dbid=0&repox20710/03/23 M. HoodDocView.aspx?id=281128&dbid=0&repoxxx x20810/03/23 M. LarsonDocView.aspx?id=281129&dbid=0&repoxxxx20910/03/23 M. Segaar‐VandenBosDocView.aspx?id=281130&dbid=0&repoxx21010/03/23 M. WolfeDocView.aspx?id=281150&dbid=0&repoxx21110/03/23 P. HouseDocView.aspx?id=281131&dbid=0&repox21210/03/23 P. McGownDocView.aspx?id=281152&dbid=0&repoxx21310/03/23 R. HawksDocView.aspx?id=281132&dbid=0&repox21410/03/23 R. RaskerDocView.aspx?id=281133&dbid=0&repoxxx21510/03/23 S. AtkinsonDocView.aspx?id=281135&dbid=0&repoxxxx21610/03/23 S. ShelkeyDocView.aspx?id=281136&dbid=0&repox21710/03/23 T. & K. KruegerDocView.aspx?id=281137&dbid=0&repox21810/03/23 T. StiflerDocView.aspx?id=281138&dbid=0&repox21910/03/23 W. ScharnbergDocView.aspx?id=281139&dbid=0&repox22010/03/23 W. VandenBosDocView.aspx?id=281140&dbid=0&repoxx22110/03/23 Z. HallowellDocView.aspx?id=281141&dbid=0&repox999424011894442738428172100391747329124 30131038
40
Page 1 of 71
21381 Staff Report for the Repeal and Replacement of the Unified
Development Code
Public Hearings:
Community Development – September 18, 2023, may continue to future dates as
well.
Project Description: Repeal and replace, Chapter 38, Unified Development Code, of the
Bozeman Municipal Code and associated zoning map. See Appendix A for the
detailed description.
Project Location: Applies to the entire city.
Recommendation: Meets applicable criteria.
Community Development Board: Having reviewed and considered the staff report, draft
ordinance, public comment, recommendation from the Community Development
Board, and all information presented, I hereby adopt the findings presented in the
staff report for application 21381 and move to recommend adoption of Ordinance
2151.
Report: September 14, 2023
Staff Contact: Chris Saunders, Community Development Manager
Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the proposed regulations text and map, and public comment received
to date.
Unresolved Issues
Adoption of zoning and subdivision standards involves development, interpretation, and
applications of policy. During the public review desirable modifications to the text or map
may be identified.
Project Summary
This project repeals the entirety of Chapter 38, Unified Development Code, and the
associated zoning map. The nature and scope of this change was directly communicated in
public hearing notices. The project establishes a new Chapter 38 to adopt zoning and
subdivision processes and standards, including a new zoning map, in compliance with the
41
Staff Report for the Unified Development Code Replacement, 21381 Page 2 of 71
requirements of the Montana Land Use Planning Act. The City has regularly replaced its
zoning since first adopting zoning in 1934. As the community changes the regulations need
to keep pace. Approximately 625 text and map amendments or replacements have occurred
since 1934.
The new text and map continues implementation of the City’s adopted land use plan, housing
plan, climate action plan, and other issue and neighborhood plans. The land use plan, housing
plan, and climate action plan were adopted in 2020 and implementation has been ongoing.
Improvements to the regulations for user convenience such as increased graphics, simplified
language, and document reorganization are also included.
Additionally, the 2023 Legislature adopted a new legal framework for land use planning and
regulation that applies to Bozeman and completely replaces the laws that governed earlier
regulations. Bozeman must update and replace its regulations to comply with the new
Montana Land Use Planning Act (MLUPA). This is being completed along with the UDC
updates referenced above which have been underway since 2022. Bozeman’s land use plan
and supporting issue plans address how the City of Bozeman intends to grow, the impacts of
development and various ways to mitigate impacts of additional development. Evaluation of
the proposed regulations against both existing criteria of adoption and the MLUPA criteria of
adoption is provided.
This work continues implementation of a review of municipal standards for housing
construction completed in 2021. The City Commission gave direction to start this
amendment process by adoption of Resolution 5368 and confirmed by approval of a contract
with Code Studio to prepare the replacement text in June 2022.
See Appendix A for additional background information.
Information on the past activities and progress of the project is available at
engage.bozeman.net/udc, the project website. The proposed text and map are also available
there.
Strategic Plan Implementation
4.1 Informed Conversation on Growth - Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner.
4.2 High Quality Urban Approach - Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and
walkable neighborhoods.
4.5 Housing and Transportation Choices - Vigorously encourage, through a wide
variety of actions, the development of sustainable and lasting housing options for
42
Staff Report for the Unified Development Code Replacement, 21381 Page 3 of 71
underserved individuals and families and improve mobility options that accommodate all
travel modes.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Advisory Boards
Several advisory boards have areas of responsibility affected by the new regulations. Each
board was provided with an orientation on the new regulations and provided an opportunity
to submit comments and recommendation. The schedule of meetings is outlined below. As
recommendations are received from each board, they will be forwarded to the Community
Development Board. All other advisory boards are scheduled to have completed their review
and provided a recommendation before the Community Development Board makes a
recommendation to City Commission.
Sustainability Board
The Sustainability Board reviewed elements of the draft Chapter 38 related to their areas of
responsibilities. An initial orientation presentation was provided to the board on August 9,
2023. The board was scheduled to discuss and provide a recommendation to the Community
Development Board and City Commission on September 13, 2023. Due to unforeseen
circumstances the meeting needed to be canceled. It will be rescheduled.
Economic Vitality Board
The Economic Vitality Board reviewed elements of the draft Chapter 38 related to their areas
of responsibilities. An initial orientation presentation will be provided to the board on
October 4, 2023 (continued from September 6, 2023). The board will discuss and provide a
recommendation to the Community Development Board and City Commission on October 4,
2023.
Historic Preservation Advisory Board
The Historic Preservation Advisory Board reviewed elements of the draft Chapter 38 related
to their areas of responsibilities. An initial orientation presentation was provided to the board
on August 16, 2023. The board discussed and provided a recommendation to the Community
Development Board and City Commission on September 12, 2023. A written summary of the
recommendations on individual subjects will be provided.
Transportation Board
The Transportation Board reviewed elements of the draft Chapter 38 related to their areas of
responsibilities. An initial orientation presentation was provided to the board on August 23,
43
Staff Report for the Unified Development Code Replacement, 21381 Page 4 of 71
2023. The board will discuss and provide a recommendation to the Community Development
Board and City Commission on September 27, 2023.
InterNeighborhood Council
Staff attended the regularly scheduled INC meeting on September 14, 2023, and presented an
overview of the Montana Land Use Planning Act, a summary of the draft text, and the
proposed zoning map. The INC does not make recommendations but serves as an
information conduit to Bozeman residents and property owners.
Community Development Board
The Community Development Board held an introductory public meeting for presentation of
the draft on September 11, 2023. A public hearing will begin on September 18th and may
continue to October 10th. The Board is scheduled to complete their hearing and review and
provide a recommendation to the City Commission on October 16, 2023.
Community Development Board Alternatives
After the public hearing closes, the Board will consider the public comment, consider the
draft text and map, and consider the criteria established in state law for adoption of zoning
and subdivision regulations. At that point, the Board may:
1. Do not recommend adoption of the ordinance based on findings of non-compliance with
the applicable criteria contained within the staff report;
2. Recommend amendments to the text and/or map; or
3. Recommend approval of the draft as presented.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan Implementation ............................................................................................ 2
Advisory Boards ................................................................................................................. 3
Community Development Board Alternatives.................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
44
Staff Report for the Unified Development Code Replacement, 21381 Page 5 of 71
SECTION 2 - MAP SERIES .................................................................................................... 6
SECTION 3 – ZONING CRITERIA STAFF ANALYSIS AND FINDINGS ......................... 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8
Section 76-2-304, MCA (Zoning) Guidelines .................................................................. 28
SECTION 4 –SUBDIVISION CRITERIA STAFF ANALYSIS AND FINDINGS ............. 36
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 36
Section 76-3-102, MCA (Subdivision Purposes).............................................................. 40
Section 76-3-501, MCA (Subdivision Purposes).............................................................. 43
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 45
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 46
APPENDIX B - ADOPTED PLANS & RESOURCES ......................................................... 50
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 53
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF .................... 54
APPENDIX E – MONTANA LAND USE PLANNING ACT STAFF ANALYSIS AND
FINDINGS REGARDING STATE CRITERIA FOR ZONING AND SUBDIVISION
REGULATIONS..................................................................................................................... 54
APPENDIX F – FUTURE LAND USE MAP CORRELATION WITH ZONING ............... 68
FISCAL EFFECTS ................................................................................................................. 70
ATTACHMENTS ................................................................................................................... 71
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for adoption of zoning and subdivision regulations, the
Staff finds the proposed regulations and zoning map meet the criteria for approval as proposed.
The Community Development Board in their capacity as the Planning Board and Zoning
Commission (Planning Commission) will hold a public hearing beginning on September 18,
2023, at 6 pm. The hearing may be continued to additional dates.
The City Commission is scheduled to hold a public hearing on the new regulations on November
14, 2023, at 6:00 p.m.
45
Staff Report for the Unified Development Code Replacement, 21381 Page 6 of 71
SECTION 2 - MAP SERIES
The future land use map may be seen in greater detail through the Community Development
web viewer.
46
Staff Report for the Unified Development Code Replacement, 21381 Page 7 of 71
The map may be reviewed online and compared with the prior map. The map may be
accessed at engage.bozeman.net/udc. The online map may be zoomed in and seen in greater
detail.
47
Staff Report for the Unified Development Code Replacement, 21381 Page 8 of 71
SECTION 3 – ZONING CRITERIA STAFF ANALYSIS AND FINDINGS
In considering text and map approval the advisory boards and City Commission must consider
the following criteria (letters A-K) relating to zoning. As adopting the text or map is a legislative
action, the Commission has broad latitude to determine a policy direction.
Zoning must be in accordance with the growth policy (criteria A) and be designed to secure
safety from fire and other dangers (criteria B), promote public health, public safety, and general
welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements (criteria D). Therefore, to approve zoning text and map the
Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zoning text and
map to be positive, neutral, or negative with regards to these criteria. To approve the zoning, the
Commission must find the positive outcomes of the amendment outweigh negative outcomes for
criteria E-K.
As this repeal and replacement also applies to subdivision standards and processes the criteria for
subdivisions are also reviewed as Criteria 1-17.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. Standards and evaluations of existing conditions and future needs are also
included in adopted facility plans. The Montana Land Use Planning Act includes a variety of
definitions for land uses. The replacement code draft is written to comply with the Act and
includes those definitions. Therefore, references to terms will follow the new code language.
The focus of this report is on the entirety of the proposed new regulations and zoning map.
Where a finding of Neutral is presented, it represents that the criteria is not applicable to the
proposed regulations, or the change does not materially advance or detract from compliance.
Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed
standards.
Please note that the Montana Land Use Planning Act (MLUPA) adopted in 2023 by the state
uses different criteria. Bozeman will follow those criteria in the future. See Appendix E for those
criteria.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Overall: Criterion is met.
A growth policy provides a high-level vision of how a community plans to develop over
time. A growth policy, also referred to as a land use plan, is not a regulatory tool. However, it
48
Staff Report for the Unified Development Code Replacement, 21381 Page 9 of 71
is the required basis for zoning and subdivision processes and standards which are regulatory
and have force of law. A growth policy includes examination of current conditions,
projections of future needs, analysis of needed capital projects and other work necessary to
meet projected future needs, and policies to direct action. This material can be provided in a
single or multiple documents.
Bozeman adopted its current growth policy, the Bozeman Community Plan 2020 (BCP) in
November 2020 after an extended public process, substantial public participation, and
inclusion of all required elements. Page 19 provides a list of the separate documents which
support and make up elements of the required data and analysis required. Appendix B
provides a summary of each of the various documents. Due to the large number of documents
needed to address the wide range of required content in a growth policy the City updates
several planning documents every year. Each new document replaces the previous edition
and provides updated information. Each plan is part of the growth policy and provides part of
the policy direction and support for the implementing regulations.
Two documents also adopted in 2020 and also being implemented in support of the BCP are
the Community Housing Action Plan (CHAP) and the Climate Action Plan (CAP).
References to text with these acronyms indicates that priorities of the supporting issue plans
are also being discussed and implemented.
Chapter 3 of the BCP includes the future land use map (FLUM). This map is an essential
element of land use planning by placing an intended geography for uses that complement the
policies established in the text. Zoning districts are created to implement the FLUM, and
associated descriptions of the uses expected in each land use designation are included. Some
designations can be implemented by more than one zoning district.
Chapter 4 of the BCP includes a list of 14 short term actions to implement segments of the
goals and objectives. Many of those are advanced by adoption of the draft text and map.
Some have been completed previously and are carrying forward in the new regulations and
others will be addressed in the future. The BCP is a 20-year planning document, will be
reviewed for needed updates every five years, and cannot reasonably be entirely
implemented in a single code development cycle.
Chapter 5 of the BCP considers the zoning amendment criteria and further defines how they
will be applied in Bozeman. The analysis in this report is consistent with the direction given
in the BCP.
A growth policy addresses many topics. There is inevitably some tension in priorities when
developing regulatory implementation. One viewer may see that an issue is not pursued as far
as they would like while another sees injury to a second issue from how far the first is
addressed. Application of the criteria of growth policy compliance for adoption of zoning
requires evaluation of positives and negatives for different goals and actions. Ultimately, the
City Commission must find a balance between competing priorities.
49
Staff Report for the Unified Development Code Replacement, 21381 Page 10 of 71
Further, the BCP discusses growth and in particular, if we grow, how? The Plan states on
page 14:
“…growth within the physical boundaries of Bozeman results in better outcomes than not.
Therefore, the BCP approaches growth as something that overall is positive but recognizes
that it does not come without drawbacks and that the community will change over time.
The City has adopted land development regulations and policies to reasonably mitigate
negative impacts…
For all they can accomplish, there are some things they cannot do. They cannot make there
be fewer people on a favorite walking trail, make certain you see people you know as you
walk down the street, or control things that happen outside of the City limits. They don’t
set school service boundaries; or change the floodplain or water quality or wetland
standards established by federal and state agencies. They can’t assure that buying a house
will work out well for you. They can’t change the fight path of aircraft headed to the
Bozeman Yellowstone International Airport. They cannot assure you of a neighbor you
want to have. They don’t change any state or federal policy. They do not prevent change
or guarantee that change will happen in the way any particular person prefers.”
Basic principles applied in the plan provide the essential framework the City uses to prepare
the policies, goals, and objectives, lands use designations, and future land use map in the
Plan. One notable principal is the City intends to create a healthy, safe, resilient, and
sustainable community by incorporating a holistic approach to the design, construction, and
operation of buildings, neighborhoods, and the City as a whole. Developments should
contribute to these goals and be integrated into their neighborhood and the larger community.
To achieve this outcome the City establishes zoning standards including but not limited to
open space, parking, and building metrics to mitigate impacts.
Text: Criterion is met.
As a key tool to implement the growth policy, zoning must be in accordance with the growth
policy per 76-2-304(1)(a), MCA. A review of the BCP shows multiple goals and objectives
relating to many different subjects and topics. Not all are best addressed by regulatory means,
but many have a regulatory component. A selection of goals and objectives as they apply to
the new zoning and zoning map follow. Additional items are discussed under the section of
this report addressing subdivision adoption criteria.
1. Housing diversity and intensity.
N-1.1. Promote housing diversity, including missing middle housing.
N-1.2 Increase required minimum densities in residential districts.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
50
Staff Report for the Unified Development Code Replacement, 21381 Page 11 of 71
N-2.2 Revise the zoning map to support higher intensity residential districts near schools,
services, and transportation.
CHAP – Removal of regulatory barriers.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
These objectives work together. The proposed regulations increase the required residential
density of each residential district. A wide range of dwelling types can be used to meet the
required minimum. The current minimum required density varies by residential district. It is
at a level that is easily met by development, including those developments involving only
one housing type, detached homes. The goal of minimum density is to have efficient use of
municipal utilities and diversity of housing types. The higher minimum is more likely to
require a mix of housing types. Densities can be averaged over an entire project. Therefore, a
project can have different types of housing and group similar types together or blend them
all. There is not a fixed percentage of type of housing required, providing substantial
opportunity for design flexibility and landowner choice.
Missing middle housing is defined in 38.800.140, and generally includes townhouses, cottage
housing and 2 to 4-unit buildings. Although all of the included housing types have been
authorized in the City’s regulations for many years, housing actually constructed has tended
towards the single dwelling (detached house) and multi-unit dwelling (apartment/condo)
types. It is expected that the consolidation of the lower density zoning districts into the RA
district will provide additional opportunity for renovation and repurposing of existing homes
to multiple home configurations and construction of smaller scale new homes that will meet
the missing middle definition. Missing middle housing has been part of the City’s historic
neighborhoods for many years and has been successful in integrating with other housing
types.
A diverse set of housing options is required to meet the wide range of housing needs in the
community. Housing preference and need can change over time as well as by individual
preference. Allowing all type of group living arrangements in residential zones is one
mechanism to achieve the identified objectives. Over the past 15-20 years, the City has
revised its zoning regulations to enable smaller lot sizes, more diverse uses, and more
flexible development patterns in all its residential districts in support of community priorities
identified through the growth policy process.
Shared housing is increasingly common. The City’s zoning regulations have allowed various
forms of shared housing for many decades. Reuse of larger residential structures for shared
living of different types can be an economic and less disruptive manner to allow additional
residential density without disrupting the built environment. The annual land use inventory
shows areas developed prior to zoning have an existing pattern of mixed housing types.
51
Staff Report for the Unified Development Code Replacement, 21381 Page 12 of 71
Those areas are functional and often referenced as being desirable. Therefore, there is reason
to allow the natural evolution to such a mixed housing state in other areas of the community.
Several of the public schools are located in areas with low residential density. Providing for
additional opportunity for development with the proposed RA zoning district allows for some
additional housing near those schools with individual incremental changes.
2. Sense of place.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
There are many distinct areas of Bozeman, and the sense of place therefore varies. The
proposed regulations comply with the above goals as follows.
A. The proposed regulations continue the Neighborhood Conservation Overlay District
(38.240.040). The NCOD is a key part of Bozeman’s historic preservation program. Coupled
with educational efforts and encouragement of good property stewardship, the NCOD
supports protection and appropriate renovation of historic buildings. New building
construction has been welcomed since the inception of the NCOD. The NCOD does not
change the basic lot or building standards of individual zoning districts. It does influence the
design of individual buildings.
B. The City has had minimum residential density requirements for many years. The new code
increases that requirement. The requirements vary by zoning district and correspond to the
types of housing in the districts. Residential areas are often under-developed compared to
what the zoning districts would allow as not everyone chooses to maximize use of their land.
There has been an overall trend towards intensification of use as land prices have increased
greatly over the recent past. The minimum density is interpreted by 38.260.030. This section
provides requirements and exceptions relating to density. Infill areas are required to both
maintain residential density, so multiple properties are not consolidated to construct
individual large homes, and allowed to not add homes when redevelopment of a lot occurs
within certain limits. This helps maintain a generalized character of an area with incremental
change more than dramatic changes.
C. Many of the existing residential areas of the community are designated on the proposed
zoning map as the RA zoning district. This district consolidates four previous lower density
zoning districts. It remains a primarily residential zoning district. Some areas developed prior
to zoning and show diverse residential types and some areas are more single type
development. Bozeman has allowed multiple types of residential uses in all residential
zoning districts for decades.
52
Staff Report for the Unified Development Code Replacement, 21381 Page 13 of 71
As part of the consolidation process it was recognized that standards to control mass and
scale were needed. The new RA development standards measure height with stories rather
than a single fixed number of feet. This provides for both a limit on maximum size and
variation of building bulk which results in a more diverse built environment which generally
reflects the long-term evolution of residential development. The current zoning and
development standards being repealed and replaced would allow a three-floor building and
the new RA district allows a three-story building, so the overall height maximum remains
similar but with additional mass and scale controls. All of the existing residential districts
allow construction of a three-story building today. A physical inspection of the areas subject
to the new RA district finds existing three-story homes constructed from the 1800’s through
2000’s.
The RA district adds a standard for wall plate heights (38.210.020) which are given further
explanation in 38.260.100. Wall plate standards help ensure that taller buildings do not loom
over adjacent properties by capping the maximum uninterrupted height of a wall. This form-
based code approach allows greater flexibility for individual building design while
addressing potential impact on adjacent properties.
The RA district allows for a range of residential from single-unit dwellings to multi-unit
dwellings with up to 8 units. To help maintain an acceptable range of mass and scale, the RA
district includes standards for maximum lot coverage, available open space, maximum
building area, length, and width in addition to numbers of homes per building. Regardless of
the number of homes proposed the building must fit into these parameters.
D. The City adopted a formal standard for transitions between zoning districts in 2018. This
standard applies when zoning boundaries meet mid-block. Properties separated by a street are
not subject to the standard. The transition standard addresses significant differences in height
between zoning districts. The transition standard has been expanded with application to
additional districts and additional methods. As the community sees additional infill
development and change in mass and scale of use, the transition standard will help “smooth
the edges” between different districts and reduce impacts on visual character of an area.
E. The historic commercial area along Main Street between Rouse Ave. and Grand Ave. is
one of the most well-known and vibrant areas of the community. It is the original commercial
core of the community and has many well-kept and restored historic buildings. The area is
also within the Main Street National Register Historic District.
The Downtown Improvement Plan (a neighborhood plan under the BCP) encourages
additional commercial and residential development in the larger downtown area. This has
many benefits but could also negatively impact the historic nature of the Main Street historic
district. The B3 zoning district has had a differentiated height standard for many years to
avoid encouraging demolition of historic buildings. The creation of the B3C zoning district
allows for a more nuanced set of standards to protect the existing built environment within
53
Staff Report for the Unified Development Code Replacement, 21381 Page 14 of 71
the boundary of the district. These include adjusted parking requirements within the district
and standards for building heights and stepbacks different from other properties in the B3
zone.
The area in the Main Street historic district was developed in the 1800’s; long before cars
became common. Therefore, there is only a small amount of off-street parking in this area. At
one time the City tried to apply the same parking standard in this area as in greenfield
development. That caused some problems and for many years the City allowed a variety of
means to reduce the impact of the mismatch between the standard and reality. Some of these
means were more successful than others and considerable redevelopment has occurred. The
new code sets a parking requirement in the B3C district to zero and removes most of the
parking alternatives from the code, including what is known as SID 565, proximity to
parking garages, landscaping in lieu of parking, and others.
F. Over time commercial corridors developed along N. 7th Ave, Main Street, and N. 19th Ave.
Some of these areas are showing their age and are included within urban renewal areas to
support redevelopment. The intent of an urban renewal area is to encourage renovation or
replacement of existing buildings with more valuable buildings. These areas already have
municipal services and people are accustomed to them being activity centers. These areas can
support a broader range of uses than historically were present and larger mixed-use buildings
are often seen as a way to increase both available housing and employment opportunities.
The B2, B2M, and other districts have been replaced with updates to support redevelopment
as well as greenfield development such as with adjusted parking requirements and a shift
from fixed heights to measurement in stories. The new standards support the continuing
sense of place of these commercial corridors as places of vibrant activity, employment and
services, and enhance that character with new housing opportunities.
3. Removal of barriers to infill.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
DCD-1.2. Remove regulatory barriers to infill.
DCD-1.4 Update the Unified Development Code (UDC) to reflect density increases or
minimums within key districts.
CHAP – Removal of regulatory barriers.
CHAP – Flexible development standards.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
The proposed regulations comply with the above goals as follows.
54
Staff Report for the Unified Development Code Replacement, 21381 Page 15 of 71
A. After completion of the BCP the City contracted a professional planning and code
development firm, Clarion Associates, to conduct a development code audit in support of
implementation of the policies in the document. The audit scrutinized development review
processes and zoning districts. Recommendations were made to improve clarity, remove
duplications, and make development of housing easier. The audit also reviewed changes to
state law prohibiting local governments from requiring development to provide price limited
housing.
Using the audit recommendations in 2022, the City replaced its affordable housing
incentives, created the planned development zone process to replace planned unit
developments, and made other changes in code to support housing creation. The effect of a
number of these changes supports infill development. These carry forward in the new code
and are coordinated with other standards of the new code.
One of the recommendations from the code audit is to simplify the standards for residential
development that establish maximum bulk and scale. After consideration of the various
alternatives, the proposed code no longer includes minimum or maximum standards for floor
area ratio and lot area. This simplifies redevelopment of existing homes.
The proposed regulations also provide increased opportunities through departures associated
with standards throughout the rules of interpretation in Division 38.260. Many standards in
this division have a “relief” element that identifies a degree of flexibility and what must exist
for that flexibility to be applied. Relief is applied as a departure (38.760.050) in association
with a development review. By avoiding unnecessary rigidity but providing a predictable set
of boundaries to development the identified objectives and general welfare are advanced as
new homes are provided, and employment and services can be expanded.
B. As discussed under the prior set of goals, item C, the proposed zoning consolidates four
residential zoning districts into the RA residential zoning district. This consolidation provides
additional opportunity for redevelopment/renovation of infill areas which contain standards
that limit the intensity so that increased numbers and mass and scale of homes are still
constrained. Minimum residential density increased with some exceptions for existing infill
areas as described above. The state passed laws requiring all residential areas to allow for at
least duplex development in 2023. The RA district complies with this law and the above BCP
goals.
C. Parking adjustment – In October 2022, the City modified residential parking standards.
The proposed code replacement modifies commercial parking. Changes include
consolidation and simplification of the parking requirements (38.530.040). Parking for the
B3C district and some urban renewal areas is proposed at zero. The requirements for B3 are
reduced. These changes make it easier to redevelop or expand in these areas. Not all areas
affected are infill areas, but all infill areas are benefited by the changes.
55
Staff Report for the Unified Development Code Replacement, 21381 Page 16 of 71
D. The MLUPA requires the new code to provide administrative decision making for all site
development including preliminary plats, plans, and variances. MLUPA also changes and
reduces allowed notice for development compliant with regulations. These procedural
changes are applicable throughout the City. The intent of these state requirements is to make
development a faster and simpler process.
4. Building heights.
DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to
account for contemporary building methods and building code changes.
DCD-2.9 Evaluate increasing the number of stories allowed in centers of employment
and activity while also directing height transitions down to adjacent neighborhoods.
In the summer of 2021, the City revised and increased heights across most districts. These
changes addressed change in building codes and methods. They provided a greater
opportunity to add a story in most districts. With the proposed code the evaluation of height
by stories rather than a fixed number of feet, as discussed in more detail above in A.2.C
results in a new way of establishing maximum height that is more flexible and responsive to
building design. The number of functional stories allowed is proposed to increase in the B1,
B3, BP, and M1 districts. See divisions 38.220 and 38.230. In conjunction with these
increased allowed heights the City has updated the transitions standards (38.260.070) to
increase the scope of applicability and adding components to the standard, as discussed in
more detail above in A.2.D.
5. Simplified development process.
DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be
more consistent with the designated land use classifications, to simplify the development
process, and support affordability objectives of the plan.
CHAP – Removal of regulatory barriers.
As noted earlier in this section, the proposed code creates the RA zoning district which
absorbs those areas previously included in RS, R1, R2, and R3. The RO and UMU districts
have been deleted. The B3C district has been created. The net difference is four fewer zoning
districts. The uses allowed in the established districts are consistent with the future land use
designation descriptions in Chapter 3 of the BCP.
6. Evaluate parking.
DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
56
Staff Report for the Unified Development Code Replacement, 21381 Page 17 of 71
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
In October 2022, the City revised residential parking standards as part of a review of
processes and standards relating to affordable housing. The number of parking spaces
required was decreased and method to demonstrate compliance was changed. The proposed
code largely keeps the residential requirements the same but takes a different approach for
commercial parking (38.530.040). There are several areas, including the B3C zoning district
and specified urban renewal areas, where the proposed required minimum parking is zero.
These areas were determined to be appropriate to be set to zero because they have
mechanisms in place to provide for shared parking systems when needed.
The City has allowed for shared parking and off-site parking for many years. These options
continue forward in the replacement code with expanded applicability. The City also
proposes to simplify the commercial parking table so that the named uses are the same as
those in the allowed uses in Article 3 and have similar breadth of use. Calculation is done
based on gross square feet for all uses for greater consistency and simplicity. Parking
requirements for bicycles are now done differently to include both short and long-term
parking and the numbers required are separated from the number of motor vehicles.
The City conducts long range planning for its transportation system. The 2017 Transportation
Master Plan examines the current conditions and future needs of the overall system. For
individual projects, the City relies on transportation impact studies to look at a finer degree of
detail. The proposed code requirements for transportation impact studies include more than
just motor vehicles (38.710.050.A.11). The City adopted a new Parks, Recreation, and Active
Transportation Plan on September 12, 2023. Following adoption, implementation of that
document will likely result in modifications to standards for active transportation (bike and
pedestrian) facilities.
The proposed regulations include parking reductions for price limited housing commitments
(38.340.030). The amount of reduction varies depending on the amount of limitation on price
and number of dwellings provided.
7. Simplified code layout.
DCD-4.3 Complete the transition to a form-based code and simplification so that it can
be understood by the general public and consistently applied by planning staff.
CHAP – Removal of regulatory barriers.
Form based codes place greater emphasis on the physical design and layout of a site and
building and less emphasis on the use that goes into the building. As the City has steadily
improved its development standards and the building code and other safety codes have been
developed the need to separate uses is reduced. The differences in mass and scale,
operational needs, and impacts of development still justify establishment of different zoning
districts.
57
Staff Report for the Unified Development Code Replacement, 21381 Page 18 of 71
There are four fewer zoning districts in the proposed code. The standards for building
construction and site placement have been improved. Having fewer districts advances a focus
on physical design rather than separation of uses.
The code has been simplified with updated and expanded graphics to explain requirements,
less complex language, and a revised layout that places key information for each zoning
district in a consistent two-page layout approach. A single use table for all districts allows
easy comparison across districts. Footnotes have been removed and the content integrated
with the main text. Similar information has been aggregated so there is less necessity to move
between sections to understand an issue.
8. Environmental considerations.
EPO-3.9 Integrate climate change considerations into development standards.
EPO-3.10 Inclusion of community gardens, edible landscaping, and urban micro-farms
as part of open spaces outside of watercourses and wetlands in subdivisions is
encouraged where appropriate.
EPO-3.11 Support resource conservation through recycling, composting, and other
appropriate means.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
CAP - Solution F. Increase Community-Based Distributed Renewable Energy Generation
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
CAP - Solution O. Manage and Conserve Water Resources
CAP - Solution M. Move Toward a Circular Economy and Zero Waste Community
These goals share a common theme of sustainability. The new code addresses them by:
• Adding specific use and standards for urban agriculture. (38.300.020, 38.320.010)
• Continuing allowances for personal and shared gardens.
• Including recycling and composting locations in submittal requirements for
commercial and larger scale residential developments.
• Including in the definitions of Essential Services (38.800.060) electric vehicle
charging, shared (district) heating and cooling, shared solar power generation and
storage so that these activities are clearly allowed. This simplifies review and
approval and encourages private investment.
• Expanding provisions for bicycle parking (38.530.070).
• Facilitating more land efficient and travel efficient development patterns and
standards. (38.210 and 38.310.020)
58
Staff Report for the Unified Development Code Replacement, 21381 Page 19 of 71
• Encourage and require drought tolerant and native species use (38.410.080,
38.540.040, and 38.620.010.E). Additional water conservation related edits are being
developed in a separate initiative and will likely come forward after the beginning of
2024.
• Location identification for recycling and compost as well as solid waste needs to be
included as part of site plan submittals (38.710.070).
9. Mixed use.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
The descriptions of the future land use map designations in Chapter 3, BCP, include
reference to residential uses in most of the designations. For many years, Bozeman has
supported and authorized in its regulations mixed use buildings and land use patterns.
This has been shown with existing allowances for home based businesses (38.320.120.E),
and mixed residential/other use buildings are allowed in most zoning districts. The option for
housing has been added to the Business Park (BP) zoning district. Additional service uses are
also proposed to be included in the BP and RC districts to support ready access and lessen
need for motor vehicle travel.
10. Mobility and rideshare.
M-1.6 Integrate consideration of rideshare and other mobility choices into community
planning regulations.
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
The City conducts long range planning for its transportation system. The 2017 Transportation
Master Plan examines the current conditions and future needs of the system as a whole. For
individual projects, the City relies on transportation impact studies to look at a finer degree of
detail. The proposed code requirements for transportation impact studies include more than
just motor vehicles (38.710.050.A.11).
Active transportation has been a community priority for many years. The active
transportation network includes hundreds of miles of sidewalks, bike lanes, shared use paths,
and trails. The City adopted a new Parks, Recreation, and Active Transportation Plan.
Following adoption, implementation of that document will likely result in modifications to
standards for active transportation (bike and pedestrian) facilities.
59
Staff Report for the Unified Development Code Replacement, 21381 Page 20 of 71
11. BP District.
EE-2.2 Review and revise, or possibly replace, the Business Park Mixed Use zoning
district to include urban standards and consider possible alterations to the allowed uses.
The Business Park district has increased allowed height, reduced setbacks, increased lot
coverage, (38.230.020) and widened range of uses (38.300.020) allowed in the proposed
regulations. It was determined it was appropriate to keep and update rather than delete the
district.
12. Urban agriculture.
EE-2.3 Adopt zoning regulations that establish and define the range of urban
agricultural practices, including vertical farms and other forms of urban farming, as a
permitted or conditional use in appropriate locations. Urban agriculture can be
compatible with a variety of land use designations shown on the Future Land Use Map.
CAP - Solution N. Cultivate a Robust Local Food System
Agriculture has been an allowed use in some districts for a long time. The proposed code
expands the opportunity by adding specific use and standards for urban farm and community
gardens (38.300.020, 38.320.010). The general definition provides for fully independent
facilities, accessory facilities such as a greenhouse on the roof of a restaurant, or many other
configurations.
The proposed regulations also continue the use Artisan Manufacturing which are small scale,
widely allowed for locations, and support start up or small batch production that can be a
beginning point for local foods. Agriculture cannot function without water. The proposed
regulations include a variety of protections for agricultural water user facilities.
The definition of agriculture (38.800.020) excludes personal and shared gardens. These
continue to be allowed on any property as landscaping or accessory uses.
Map: Criterion is met.
State law requires that zoning districts be placed on a zoning map consistent with the future
land use map. The Future Land Use Map (FLUM) is an indispensable part of the BCP. It
utilizes ten land use categories to illustrate and guide the intent, type of use, density, and
intensity of future development. A copy of the future land use map is presented below. The
Community Development web viewer provides the opportunity to see the map at variable
sizes and in conjunction with additional data.
Chapter 3, Table 4, BCP shows the correlation between zoning districts and the future land
use map designations. With the consolidation, renaming, deletion, and creation of zoning
districts it is necessary to know how those correlations continue. An exhibit of the current
and new correlations is Appendix F.
60
Staff Report for the Unified Development Code Replacement, 21381 Page 21 of 71
The proposed map shows differences from the prior map due to deletion of the RO and UMU
zones, creation of the B3C zone, consolidation of districts to create the RA zone, renaming of
zones to RB and RC, corrections of zoning districts that did not match the future land use
map, and depiction of parks and schools as PLI consistently throughout the community. The
proposed map is therefore more consistent with the FLUM and the text of the BCP.
Therefore, the zoning map is consistent with the adopted growth policy.
61
Staff Report for the Unified Development Code Replacement, 21381 Page 22 of 71
62
Staff Report for the Unified Development Code Replacement, 21381 Page 23 of 71
13. Single-type housing districts.
Theme 2 -Our City desires to be diverse, healthy, and inclusive, defined by our vibrant
neighborhoods, quality housing, walkability, excellent schools, numerous parks and
trails, and thriving areas of commerce.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
The City has not had any single housing type zoning districts for many years. All zoning
districts have allowed a range of residential uses. However, it is accurate that some zones had
a greater focus on one or two housing types. The consolidation of four low, moderate, and
medium density residential zoning districts to create the RA district effectively implements
this objective by establishing a broader range of housing types (38.300.020) in a greater
portion of the community.
This change in the text must be depicted on the zoning map. The areas previously shown as
the RS, R1, R2, and R3 zoning districts which were merged are shown as RA on the map.
This is not the first time the City has consolidated residential districts. In 2003, multiple
districts that were primarily single-unit dwelling focused with differing lot sizes were merged
into a single district.
14. Intensify residential near schools, services, transportation.
N-2.2 Revise the zoning map to support higher intensity residential districts near schools,
services, and transportation.
The City has reviewed and approved 57 zoning map amendments for over 1,100 acres since
January 1, 2020. Some were in conjunction with annexations, but many were increases in
zoning intensity of already annexed property. Most of these amendments were requested by
private property owners. The amendments have tended to be near schools, services, and
transportation. Thus, implementation of this objective has been ongoing.
Several of the public schools are located in areas with low residential density. Providing for
additional opportunity for development with the proposed RA zoning district allows for some
additional housing near those schools with individual incremental changes. Alterations to the
zoning map to replace a district to a more intensive district to advance this objective is
generally not included with this code replacement and will be evaluated on a case-by-case
basis as applications are submitted.
15. Honor history, neighborhoods.
63
Staff Report for the Unified Development Code Replacement, 21381 Page 24 of 71
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
Theme 2 - Our City desires to be diverse, healthy, and inclusive, defined by our vibrant
neighborhoods, quality housing, walkability, excellent schools, numerous parks and
trails, and thriving areas of commerce.”
The proposed regulations continue the Neighborhood Conservation Overlay District
(38.240.040). The NCOD is a key part of Bozeman’s historic preservation program. Coupled
with educational efforts and encouragement of good property stewardship, the NCOD
supports protection and appropriate renovation of historic buildings. New building
construction has been welcomed since the inception of the NCOD, but building design is
reviewed through the Certificate of Appropriateness process.
The new zoning map continues to show the NCOD boundary with one change. The boundary
between Peach Street and W. Main is moved east from N. 7th Avenue to N. 5th Avenue. The
standards of the NCOD and the underlying zoning along with the Midtown Urban Renewal
Plan in the area can be seen as in conflict. The BCP calls for removal of barriers to infill.
This change resolves the conflict.
The text creates a new zoning district, B3C. This district includes the Main Street Historic
District and has standards more fitted to the historic building patterns of the area. The zoning
map shows a boundary that includes the entire Main Street Historic District.
The proposed zoning districts are more inclusive of various compatible land uses, not less,
which advances Theme 2. The residential areas developed prior to zoning show a mix of
housing types and intensities. The City’s annual land use inventory data available through the
City’s website shows this pattern. The growth policy rejects the notion of homogenous
neighborhoods of only a few types of housing stock and largely populated by the people of the
same socio-economic status. The MLUPA likewise strongly supports integration of multiple
housing types in residential areas.
16. Reduce number of zoning districts.
DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be
more consistent with the designated land use classifications, to simplify the development
process, and support affordability objectives of the plan.
The map reflects the changes in text to have four fewer zoning districts. The map includes a
replacement zoning district for all areas where districts were consolidated or deleted.
B. Secure safety from fire and other dangers.
Text: Criterion is met.
64
Staff Report for the Unified Development Code Replacement, 21381 Page 25 of 71
Building code standards for fire resistance, ventilation, exiting, and other protection are not
changed with the new UDC, remain in place (Chapter 10, BMC), and will continue to protect
the public. The City has adopted the building code appendix for wildland urban interface.
The City adopts the building regulations under authority of the state and must follow the
standards adopted by the Department of Labor and Industry.
Streets and other travel facilities must be provided which allow for emergency service access
(38.400) as well as daily travel. Provision of water for firefighting and sewers to remove
polluted water must be shown with application materials and required pipes installed before
building occupancy (38.410.070). Requirements to avoid floodplains and similar physical
hazards (Article 6) remain in place. Therefore, access by emergency services, suitable water
and sewer services, and other safety features are provided.
Map: Criterion is met.
The boundaries of zoning districts encompass large areas. The level of detail where physical
hazards may be identified is usually much finer than suited for a zoning map. Standards for
safety from fire as discussed above do not lend themselves to mapping in most cases. The
City does map floodplains and makes that information available but the need for site specific
detailed surveys to establish a definitive boundary makes floodplains not suitable for
placement on the zoning map.
The standards described for the text will govern any development within a district shown on
the zoning map. The map only includes those areas the City has annexed and determined that
municipal services can be provided. Therefore, the protections necessary for safety from fire
and other dangers will also apply to the zoning map.
C. Promote public health, public safety, and general welfare.
Text: Criterion is met.
Public safety is protected as described in Criterion B above. Health and welfare are advanced
by access to parks, trails, and on-site open space for exercise, socialization, recreation and
other human needs. The City has maintained standards for provision of these features for
many years and they continue forward (38.420 and 38.260.040). Adequate travel features as
discussed in Criterion D below protect public health and safety by avoiding conflict between
motor vehicles and other travel modes. Furthermore, accommodating and encouraging active
modes of transportation such as walking and biking in design of streets and sidewalks further
advance public health and welfare. Transportation is subject to standards in 38.400 as well as
other municipal standards.
Development and design standards for sites and buildings contained in 38.260, 38.510,
38.520 and other elements and as well as existing building and fire codes ensure adequate
provision of light, air and space via window and ventilation requirements and building
setbacks, all of which contribute to public health and welfare. Site and building design
65
Staff Report for the Unified Development Code Replacement, 21381 Page 26 of 71
standards incorporated in the proposed regulations further ensure public welfare by providing
locations for socialization which is supportive of mental health, development of social
capital, and employment networking; physical safety through natural access control and
surveillance; green space which reduces stress, supports social interaction, and promotes
exercise; and facilitates active transportation and availability to employment and services.
Housing insecurity has material impacts on health and wellness. The proposed regulations
include incentives for construction of housing at lower price points (38.340.030) and
facilitate construction of housing in general. Transition and emergency housing is a defined
use assigned to many zoning districts, various forms of shared housing are included and
allowed within zoning districts. As discussed in Appendix E, Zoning Criterion C, the City is
implementing a variety of housing production supportive actions. The City facilitates housing
production through land use and issue planning to remove barriers, facilitate infrastructure
and service provision, and enable diverse types and densities of housing.
The criteria for approval of any application require an applicant to demonstrate that they have
complied with the adopted standards (38.710, 38.740.090, and 38.750.090). Procedures for
variances (38.760.060) which might allow a standard to not be met have independent
standards that require the variance not be detrimental to public health, welfare, and safety.
Map: Criterion is met.
The zoning map depicts districts where utilities and other essential services can be provided.
The City only zones areas which have been annexed and only annexes after it is determined
that services can be made available. The zoning map shows where differing intensities of
development are allowed. Higher intensities are generally located along large transportation
corridors to facilitate safe travel.
The zoning map is influenced by almost a century of prior zoning development decisions as
well as current uses and future plans. A zoning map is drawn as an ideal but must account for
history as well. The zoning map places residential areas in proximity to public schools and
parks which facilitates walkability and convenience. As discussed in Criterion A, higher
intensity districts are encouraged near parks, schools, and services. The map is drawn to
accomplish this where possible.
The zoning map is drawn to be consistent with the future land use map from the BCP.
Implementing the adopted growth policy advances the general welfare by carrying out the
established public policies.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Text: Criterion is met.
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. See Appendix B of the BCP for a summary
66
Staff Report for the Unified Development Code Replacement, 21381 Page 27 of 71
description of the various plans. Some have been updated since adoption of the BCP and
those more recent documents are what is used for development review. For an immediate list
of titles see Appendix B of this report with hyperlinks to many of the documents. As
described on BCP pages 73-74, the facility plans are an essential part of the analysis of this
criterion.
The adopted plans consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through
private development, collaboration with partners, and its capital improvements program
(CIP). The CIP identifies individual projects, project construction scheduling, and financing
of construction.
Transportation projects are subject to 38.400, utility and other municipal services projects are
subject to 38.410.050-090 and 38.410.110, and park development is subject to 38.420. The
City does not have direct regulatory control over public schools. The UDC includes the PLI
district which supports development of public buildings, including schools. The City works
with School District 7 regarding provision of public utilities, emergency services, and other
needs on a collaborative basis. District 7 was consulted in the preparation of the zoning map
and the decision to identify school sites as PLI.
Appendix E of the BCP is the required infrastructure plan and describes how Bozeman
addresses how and where infrastructure may be provided, coordinates with adjacent
communities, and considers impacts and mitigation of impacts of infrastructure extension.
Taking into account the growth policy, supporting issue plans, and the code as a whole, the
standards requiring provision of the infrastructure listed in this criterion show the criterion is
met.
Map: Criterion is met.
The map itself does not establish a standard for construction of infrastructure or provision of
services. However, placement of uses coordinated with infrastructure facilitates
infrastructure. For example, arterial streets are required to serve the intensive travel needs of
employment and higher density residential uses. Placement of zoning districts with higher
demand for service close to existing or planned major facilities reduces the distance services
must be extended and reduces costs. Placing commercial service nodes near residential areas
facilitates use of non-motorized travel which in turn reduces demand for larger streets.
The future land use map was informed by and is consistent with the various facility plans, see
Appendix B for a list. When the zoning conforms with the future land use map it also
supports the facility plans and facilitates provision of infrastructure. Key public and quasi-
public facilities are designated as the PLI zoning district on the map ensuring the capability
for them to operate as needed for the public benefit.
67
Staff Report for the Unified Development Code Replacement, 21381 Page 28 of 71
As stated in 38.200.020.E, the designation of a zoning district does not guarantee approval of
new development until the availability of needed infrastructure is demonstrated. All zoning
districts in Bozeman enable a wide range of uses and intensities. At the time of future
development review, the need for individual services can be more precisely determined. No
development is approved without demonstration of adequate capacity.
38.200.020.E, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance
with all of the applicable requirements and development standards of this chapter and
other applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Section 76-2-304, MCA (Zoning) Guidelines
As noted earlier, the Commission must consider criteria E-K, and may find the zoning text
and map to be positive, neutral, or negative with regards to these criteria. To approve the
zoning, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K.
E. Reasonable provision of adequate light and air.
Text: Criterion met.
Adequate light and air are provided in both the current and proposed code by a mix of site
development standards including park dedication, on-site open space, required lot frontage -
typically on streets, and setbacks. Building code requirements for air for combustion and
ventilation support the zoning standards at a more detailed level. Each standard addresses a
different functional element. There is no specified quantity of day light or other physical
outcome required by this criterion. The standard is for reasonableness and adequacy which
vary by type of use and other specifics of development. Building codes also address this
criterion through requirements for ventilation, egress windows, and lighting. Development
standards in 38.260.040 require open space and in 38.260.140 and 38.510.030 also require
windows and entrances, which contribute to both light and air.
The proposed regulations include requirements for transitions (38.260.070) between zoning
districts not separated by streets. This modification to heights and setbacks of the taller
property provides additional light and air circulation to adjacent lower intensity properties.
The RA, RMH, B3C, and NEHMU (residential) districts all include a wall plate height
standard (38.260.100). The wall-plate standard limits how high a wall can go up without
68
Staff Report for the Unified Development Code Replacement, 21381 Page 29 of 71
interruption. It has the effect of managing scale of buildings and supports flow of air and
provision of light.
Map: Criterion is met.
All zoning districts have requirements for setbacks, height, and lot coverage which provide
for the reasonable provision of adequate light and air. All residential development and many
non-residential developments have requirements for on-site open space (38.260.040). Future
development of property is required to conform to City standards.
The criterion is not about the wide diversity of personal preferences but about protection of
public health and safety. The adopted standards address protection of public health and
safety. As discussed in Criterion C, additional regulatory standards also apply and support
compliance with this criterion. As the map only shows zoning districts which meet this
criterion the map itself also meets the criterion.
F. The effect on motorized and non-motorized transportation systems.
Text: Criterion is met.
The City conducts extensive planning for municipal transportation, trails, and parks related to
this criterion and services provided by the City. The City’s asset management system enables
careful tracking of maintenance activities and needs. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. A new Park, Recreation, and Active Transportation Plan was
adopted by the City Commission on September 12th. It will be the basis for future review and
update of development standards.
The City and partner organizations are currently going through the process of establishment
of a Metropolitan Planning Organization. This is a federally mandated transportation
planning process that requires multiple jurisdictions to cooperate on transportation planning.
The City may also do independent planning. An update to the 2017 Transportation Master
Plan is expected to begin in 2024. As described on BCP pages 74-75 the facility plans guide
evaluation of this criterion.
Division 38.400 is the portion of the UDC that primarily addresses transportation
development standards. Those provide for required extension of streets to avoid dead ends,
installation of sidewalks, bike lanes, and shared use paths, and other standards to ensure that
facilities are installed. Division 38.420 addresses parks and recreation trails. Division 38.780
provides the processes and requirements for timely installation of required improvements.
All new development is required by 38.400.080 to install sidewalks. The additional density
of development allowed by the proposed zoning districts is not expected to be so great as to
overwhelm existing systems. The proposed regulations do not change classification of streets
or otherwise alter the transportation plan.
69
Staff Report for the Unified Development Code Replacement, 21381 Page 30 of 71
New development may be required to provide a transportation impact study
(38.710.050.A.11) to show they can meet the service standards established in 38.400.060. As
described on BCP page 75, street capacity can be seen from a variety of viewpoints. The
proposed regulations are consistent with best engineering practice and standards
recommended by the Bozeman Department of Transportation and Engineering. The City has
a “Complete Street” resolution and development standards as part of its engineering
standards that support and provide additional details for construction of streets.
Map: Criterion is met.
See discussion under Criterion D. Right of way for streets is not zoned separately from land
for development.
G. Promotion of compatible urban growth.
Text: Criterion met.
The City defines compatible development in Appendix F of the BCP as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
Compatibility may apply both to growth at the outer edges of the city as well as in the
interior. The definition does not require sameness of use or features in order to be found
compatible.
The City has included many standards in the proposed regulations to identify and avoid or
mitigate demonstrable negative impacts of development. The dimensional standards of
38.200 establish maximum heights, lot coverage, setbacks, and others to prevent a building
from overloading a site. Architectural standards for mass and scale, articulation, orientation,
and materials support quality construction. In the NCOD, additional standards apply relating
to historic preservation for residential, commercial, institutional, and industrial uses.
Individual developments are required to demonstrate adequate municipal services and
transportation capacity as discussed above prior to approval.
The uses within each district and applicable standards of development were considered for
potential conflict. As stated in 38.200.020.C, each use, when developed in accordance with
the standards, is presumed too not be detrimental. For larger projects, the provisions of
70
Staff Report for the Unified Development Code Replacement, 21381 Page 31 of 71
Article 38.500 establish additional standards for building design and site design to further
improve compatibility.
Map: Criterion is met.
The proposed zoning map generally places boundaries between districts along streets or
similar physical separations. This provides a natural division between districts and reduces
potential impacts. There are some locations where zoning district boundaries fall on a
property line within a block. In these cases, the transition standards of 38.260.070 may be
applicable to soften the difference in height and intensity between two districts.
Division 38.200 establishes the zoning districts and map. The map places the individual
districts throughout the community. District boundaries are usually placed on streets or
similar physical features to provide a natural separation between districts. The district
boundaries happen within a block the transition standards of 38.260.070 apply. The uses
within each district and applicable standards of development were considered for potential
conflict. As stated in 38.200.020.C, each use, when developed in accordance with the
standards, is presumed too not be detrimental. Paragraph 38.200.020.E states that
establishment of a zoning district is not authorization to construct and that any future
development must demonstrate compliance with the zoning standards. This is a check and
restraint on incompatible development.
H. Character of the district.
Text: Criterion met.
1. The current regulations contain 20 zoning districts and one overlay district. The proposed
regulations include 16 zoning districts and one overlay district. Some districts are different
than previously adopted and some are essentially the same. Section 76-2-302, MCA says
“…legislative body may divide the municipality into districts of the number, shape, and area
as are considered best suited to carry out the purposes [promoting health, safety, morals, or
the general welfare of the community] of this part.” Emphasis added.
The City adopted zoning in 1934 with Ordinance 661. That ordinance included 7 zoning
districts. Districts have been added, revised, deleted, and combined repeatedly over the years.
As the population, economy, laws, and needs of the community have changed zoning
districts have been revised to keep up to date.
As discussed in Criterion A, the BCP calls for a reduction in the number of zoning districts to
simplify the development process and to reduce areas of single type housing. As shown in
Chapter 3 of the BCP, a wide range of uses fit into the various future land use designations.
Most designations have multiple implementing zoning districts indicating that at a land use
planning level a wide range of uses are suitable to be in the same area.
The 2023 Montana Legislature passed Senate Bill 323 which requires that for municipalities
over 5,000 people any zoning district which allows for a single home must allow for
71
Staff Report for the Unified Development Code Replacement, 21381 Page 32 of 71
duplexes as well. This bill takes effect on October 1, 2023, with no action required by the
City for it to take effect. The legislature also passed Senate Bill 382, the Montana Land Use
Planning Act (MLUPA), which in Section 19 requires a community to take a variety of steps
to encourage the construction of housing; these steps require changes to zoning districts.
Bozeman is subject to MLUPA. Allowing a wider range of housing in zoning districts is a
primary component to encourage housing construction. The new regulations are drafted in
compliance with MLUPA and implement its requirements including implementing housing
supportive options. See Appendix E, Criteria C for the list is what has been selected.
2. The City Commission held a work session on October 18, 2022, to consider the mix of
residential districts that would best advance the BCP, Community Housing Action Plan, and
other priorities. After consideration of several alternatives, the Commission directed that the
draft text consolidate four lower density residential districts into a single zoning district. The
Community Development Board considered the residential zoning districts at their November
7, 2022, and January 9, 2023, public meetings. This work generated the RA zoning district
(38.210.020 and 38.300.020).
The four prior districts which are the foundation of RA allow for a range of residential uses
which are merged into RA. If a residential use was allowed in any of the four districts it is
allowed in RA. The City’s long-standing code and practice allowed for a variety of group
housing options in all residential districts. Partially, this was required by state law (76-2-411
and 76-2-412). Locally, the City adopted a residential use called Group Living in 2011. In
2012, that use was assigned to all four of the predecessor residential districts to RA. Group
Living allows any number of unrelated persons to live together subject to certain standards
that mimic similar density and intensity of use of other residential uses in the same zoning
district.
In 2018, the City deleted fraternities and sororities as independent uses in the zoning use
table and merged them with group living. Recently, this decision was challenged. The
notices for this project explicitly state the intent of the City to establish that fraternities and
sororities (Greek organizations) are included within the meaning and application of Group
Living. Group living remains an allowed use in all residential zoning districts. As discussed
in Criterion A, a diversity of housing types in residential districts is consistent with the BCP.
The RA remains a primarily residential district with the most restrictive standards for
building heights, lot coverage, and uses of the three general purpose residential districts. The
RA district advances several of the compliance elements of Section 19 of MLUPA. The RA
district is subject to maximum building size, height, length, and width standards to control
the mass and scale of individual buildings. This constrains the size of buildings in areas that
were previously subject to zoning districts that allowed a narrower range of residential uses.
The City annually updates a land use map and inventory that identifies how land is used in
the community. Review of the inventory map against the existing and future zoning maps
72
Staff Report for the Unified Development Code Replacement, 21381 Page 33 of 71
shows that some areas previously zoned as R1 or R2 have historically contained a mix of
housing types very similar to the RA district. Therefore, the residential character of RA is not
materially distinct from its predecessors. It must be noted that all residential districts in
Bozeman have allowed the group living use since 2012 which allows a wide range of
residential configurations and building massing. The proposed mass and scale limitations of
the RA district are more restrictive with fixed maximum building size and wall-plate height
standards than what existed previously and will help maintain the character of the district.
3. The City Commission held a work session on February 14, 2023, regarding non-residential
zoning districts. The BCP calls for revision or potential deletion of the Business Park district.
The Downtown Improvement Plan, a neighborhood plan under the BCP, calls for
adjustments to both height and parking standards in the B3 zoning district. After
consideration of several alternatives, the Commission directed that the draft text include
updates and revisions to the Business Park and the B3 district. In the proposed amendments,
the maximum height in both districts has increased. The allowed uses in the Business Park
district have been expanded but have constraints on the additional service and added
residential uses to maintain its function as primarily an employment focused district.
4. On February 28, 2023, the City Commission conducted a work session on non-residential
parking. After discussion of various alternatives, the Commission directed that parking
requirements be simplified, that evaluation of appropriate reductions and exemptions be
made, and that parking recommendations from the Downtown Improvement Plan be
implemented. The B3 area has had several unique parking related regulations for many years.
The draft removes many of these, including reference to Special Improvement District (SID)
565, as part of the overall simplification to parking regulations. The overall outcome remains
similar. Uses in the B3 district are shown in 38.300.020.
5. The proposed UDC creates a new B3C Downtown Core district. The B3 district for many
years contained a provision designating a core area along Main Street. The area is also within
the Main Street Historic District. The new B3C boundary includes both the area of the B3
core and the Main Street Historic District. The B3C standards establish a lower building
height generally consistent with what has been allowed previously and includes building
design requirements consistent with the historic character of the area.
6. The proposed regulations carry forward the Neighborhood Conservation Overlay District
with standards unchanged. The new zoning map continues to show the NCOD boundary with
one change. The boundary between Peach Street and W. Main is moved east from N. 7th
Avenue to N. 5th Avenue. The standards of the NCOD and the underlying zoning along with
the Midtown Urban Renewal Plan in the area can be seen as in conflict. The BCP calls for
removal of barriers to infill. This change resolves the conflict.
7. Fundamentally, districts before and after the new regulations retain their core character as
residential, business, industrial, or institutional. As described in BCP pages 76-77,
73
Staff Report for the Unified Development Code Replacement, 21381 Page 34 of 71
Bozeman’s approach to character in zoning evaluation operates at a generalized level, not
forcing great sameness, allowing landowners flexibility in choosing how to use land even if
that is more intensive than adjacent owners, and balancing both the rights and responsibilities
of property ownership. Nuances are changed, flexibility within districts is expanded as
directed by the BCP and Legislature. The proposed regulations include an expanded zone
edge transition requirement to address potential conflicts between substantially different
heights in adjacent zoning districts (38.260.070).
Map: Criterion is met.
The expected character of an area is primarily established by the future land use map and
associated land use descriptions. The BCP was adopted following an extended public process
with many opportunities for public participation in decisions about goals and policies, the
wording of the land use descriptions, and the layout of the future land use map. The zoning
districts are required by law to implement the text of the descriptions and the future land use
map. The zoning map has been drafted so that areas planned as primarily residential in nature
are zoned with districts that are primarily residential in allowed uses. Other areas are zoned for
uses consistent with the future land use map.
The zoning boundaries mostly follow streets or similar physical separation between areas. This
provides a built-in buffer between dissimilar uses or building heights when necessary. BCP
page 77 includes: “…a local street, typically 60 feet wide, when combined with the standards
for site development, is generally considered an adequate separation—even for substantially
different districts.” Where a zoning boundary falls midblock along a property line the
regulations include a transition requirement to ease the difference (38.260.070). Therefore, the
zoning map meets this criterion.
The new Montana Land Use Planning Act, passed in 2023, does not include this or a similar
criterion for adoption or amendment of zoning.
I. Peculiar suitability for particular uses.
Text and Map: Criterion met.
The zoning map and future land use map of the growth policy identify areas where specific
uses are generally appropriate. State law requires that the zoning map and future land use
map be consistent. The uses grouped into individual districts are consistent with Criteria A,
G, and H.
Evaluation of an entire city for this criterion during initial code adoption is quite difficult. As
noted above, there is an evaluation with the future land use map and placement of individual
zoning districts. As discussed in Criterion K, some areas are not suitable for development and
standards have been adopted to address those circumstances.
Therefore, the proposed regulations include development review procedures to evaluate
individual sites. As shown in the following quote, the use authorization in a zoning district,
74
Staff Report for the Unified Development Code Replacement, 21381 Page 35 of 71
and placement of the district on the zoning map is not authorization for construction. A
landowner must show that they can meet all applicable requirements before development is
approved. Requirements include site and architectural design elements as well as
infrastructure.
38.200.020.E, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance
with all of the applicable requirements and development standards of this chapter and
other applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
The new Montana Land Use Planning Act, passed in 2023, does not include this or a similar
criterion for adoption or amendment of zoning.
J. Conserving the value of buildings.
Text and Map: Criterion met.
The BCP discusses the application of the zoning criteria and how they are applied when
implementing the BCP. On BCP page 77 it says “…conserving the value of buildings applies
to changes that may lessen the functional utility of a property. Changes that increase
opportunities on a property are unlikely to fail this test.” Also, “Assertions that allowing a more
intensive zoning may lessen values on adjacent properties is best addressed under the guideline
regarding the character of the district.”
The proposed zoning is less restrictive in uses, generally preserves or increases allowed height,
and provides more opportunity for use of land. Review processes are expedited as required in
state law. Review for Criteria A, H, and K all find those criteria have been met.
The new Montana Land Use Planning Act, passed in 2023, does not include this or a similar
criterion for adoption or amendment of zoning.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Text: Criterion met.
The zoning map and future land use map of the growth policy identify areas where specific
uses are generally appropriate. State law requires that the zoning map and future land use
map be consistent. See earlier criteria for prior discussion of this issue.
There are some places where development is not appropriate. The City has established
Article 38.600 to address the majority of these cases. It is inappropriate to develop land
without adequate services and transportation. See discussion under Criteria D and F above.
75
Staff Report for the Unified Development Code Replacement, 21381 Page 36 of 71
Uses proposed in a development must be consistent with the descriptions of the land use
designations shown on the future land use map. Neither the future land use map nor zoning
map address the specific compliance information necessary to authorize construction.
Therefore, the proposed regulations include development review processes through which
specific compliance is evaluated. Only when compliance can be shown is it appropriate for a
use to be established on a specific site. See discussion under Criteria D for specific code
language addressing this issue.
Map: Criterion is met.
The future land use map from the BCP is the basic structure for geographic distribution of
uses throughout Bozeman. Zoning must follow the future land use map. Multiple districts can
implement the various future land use designations described in Chapter 3, BCP.
The current future land use map was adopted in 2020. The zoning boundaries were evaluated
as part of the development of the proposed new regulations, and numerous changes were
made to align the zoning to the future land use map. The BCP Table 4 exhibit showing the
correlation of old and new zoning district names to the future land use designations is
Appendix F.
As the zoning is consistent with the future land use map this criterion is met.
SECTION 4 –SUBDIVISION CRITERIA STAFF ANALYSIS AND
FINDINGS
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
Chapter 38, Unified Development Code includes the required review processes and standards
for subdivisions. Amendments or adoption of subdivision regulations must be reviewed
against the following criteria from state law.
A. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Criterion met. See responses under Section 3, Criterion A as well. A growth policy provides
a general direction and vision of how a community hopes to develop over time.
There are a multitude of goals and objectives the proposed regulations support and further.
The following selections of goals and objectives from the growth policy, while not
exhaustive, indicate that the proposed regulations are in accord with the goals and objectives
of the growth policy. No conflicts with the growth policy have been identified.
1. Resilience and flexibility
Goal R-1: Continue to strengthen and develop resilience as a Community.
76
Staff Report for the Unified Development Code Replacement, 21381 Page 37 of 71
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
The population of Bozeman has been growing since the City’s incorporation. Over the past
20 years, growth has been rapid and is continuing, as depicted in Figure 1 below. The
economy has shifted with the expansion of telecommunication capability, development of
new technology-oriented businesses, expanding tourism and higher-education, and rapidly
increasing cost of housing. It is necessary to adapt standards and processes to meet the new
needs of the community, and changing state law, as the proposed new subdivision regulations
do.
Figure from the Bozeman Community Plan 2020, page 8
2. Financial and operational resilience
Goal R-2: Pursue community decisions in a manner that supports resilience.
R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential
for economic benefit to the investor and the broader community both through direct and
indirect returns.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts.
R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future
unknowns of changing climate, economic, and social conditions.
77
Staff Report for the Unified Development Code Replacement, 21381 Page 38 of 71
R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with
solutions that are replicable and sustainable, creating benefit for present and future
generations.
Goal DCD-1: Support urban development within the City.
DCD-1.2 Remove regulatory barriers to infill.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
Policies such as infill and redevelopment, more compact development, and mixed uses can
reduce infrastructure requirements, leverage existing investments, and corresponding
maintenance and construction costs. It is more cost effective to maintain than to replace
infrastructure. Infrastructure installation occurs during the subdivision process. Well-
coordinated standards, timing, and design reduces costs to initial development and for the
long-term.
2. Walkable urban development
Goal N-1: Support well-planned, walkable neighborhoods.
Goal DCD-1: Support urban development within the City.
The BCP pages 8-15 address the question of preferring growth inside the City or elsewhere.
The conclusion is that there are numerous advantages to having new development occurring
within the City rather than on the perimeter. See those pages for a full discussion. The
Transportation Master Plan and the proposed standards in 38.400 provide for an
interconnected transportation system that support walking access throughout the community.
The various issue plans identify needed maintenance and facility expansion to support urban
development. The zoning district standards of Article 2 are urban in nature, not rural or
suburban. Therefore, when a subdivision is designed in accordance with the zoning standards
it enables an urban development pattern.
3. Multimodal connectivity and accessibility
Goal DCD-3: Ensure multimodal connectivity within the City.
DCD-3.1 Expand multimodal accessibility between districts and throughout the City
as a means of promoting personal and environmental health, as well as reducing
automobile dependency.
DCD-3.2 Identify missing links in the multimodal system, prioritize those most
beneficial to complete, and pursue funding for completion of those links.
DCD-3.3 Identify major existing and future destinations for biking and walking to aid
in prioritization of route planning and completion.
78
Staff Report for the Unified Development Code Replacement, 21381 Page 39 of 71
DCD-3.4 Support implementation of the Bozeman Transportation Master Plan
strategies.
Goal M-1: Ensure multimodal accessibility.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric
scooters, powered wheelchairs, etc.).
M-1.11 Prioritize and construct key sidewalk connections and enhancements.
Goal M-2: Ensure multimodal safety.
M-2.2 Review and, as appropriate, update the City’s complete streets policy.
The objectives listed above are supported by enhancing requirements to ensure the City
builds neighborhoods and community that focus on human interaction, connectivity,
commerce, and retains the natural amenities of the area. In addition, the provisions contained
in the proposed development code specifically mitigate impacts on the community identified
during development review, including economic, health, environmental, and social impacts.
Delivering and maintaining municipal services to a rapidly growing community demands
utilization of all available design and financial tools. Mitigation of transportation impacts is a
fundamental issue addressed in the BCP. Further, the Bozeman 2017 Transportation Master
Plan underscores the goals and policies detailed in the BCP by including Goal 7, “Promote a
Financially Sustainable Transportation Plan that is Actively Used to Guide the
Transportation Decision-making Process,” and Objective 7.3., “Promote cost-effective
recommendations that balance transportation system needs with available funding and
expected expenditures.”
Sections 38.400.080, 38.400.110, and 38.420.110 all address placement or installation of
active transportation facilities. These standards are applied during the subdivision process
and help ensure a well-connected system. The Parks, Recreation, and Active Transportation
Plan was adopted by the City Commission on September 12, 2023. It is the latest document
planning for park and active transportation expansion and function, and its implementation
will likely result in future code amendments.
Section 38.400.060.B.3 modifies the standards for mitigation of transportation impacts. This
includes a change to level of service from C to D, change in design year of traffic analysis,
and establishes standards for local streets and flow for the first time furthering multiple goals
and objectives of the 2017 Transportation Master Plan and BCP.
See also the analysis under Section 3, the zoning criteria, especially D and F for more
discussion of this item.
Chapter 5, BCP discusses the subdivision review process and criteria beginning on page 67.
The growth policy expands on statutory requirements and explains in greater detail how they
79
Staff Report for the Unified Development Code Replacement, 21381 Page 40 of 71
will apply to subdivisions in Bozeman. Bozeman has been implementing the direction given,
and in October 2021 substantially amended the subdivision review process to meet changes in
state law from the 2021 legislative session.
Prior to the passage of MLUPA, the City worked to simplify the subdivision process as allowed
in state law. The City implemented the provisions of 76-3-616, MCA which provide for a
subdivision to go through review without public hearings if zoning standards address all the
primary review criteria established in state law. This also has been completed, therefore the
procedural description in the BCP for subdivision review is applicable for some but not all
major subdivisions. After adoption of the proposed regulations implementing MLUPA further
process changes will occur as required in law. Compliance with all standards remains required.
Section 76-3-102, MCA (Subdivision Purposes)
B. Promote the public health, safety, and general welfare by regulating the subdivision
of land.
Criterion met. The City is required to implement state mandates for the review of
subdivisions. Review requires evaluation of impacts from development including but not
limited to, transportation, healthy communities, water supply, mitigation of development
impact, infrastructure, parks and recreation, and other factors as well as surveying and
documentation. Standards for these subjects are set through zoning. Subdivisions must
comply with zoning. See the discussion in Section 3 for zoning compliance with this subject.
The proposed regulations meet the requirements of MLUPA for subdivision review.
Procedural requirements for subdivisions are in Article 7 and subdivision development
standards are primarily in Article 4.
Therefore, the criterion is met.
C. Prevent the overcrowding of land.
Criterion met. Overcrowding is the condition arising from more intensity of use than the
property and infrastructure is capable of supporting. The proposed regulations address the
underlying analysis of whether a proposed land use is the appropriate intensity of use by
incorporating the various facility plans and standards as part of the zoning and subdivision
requirements. The City’s standards regarding appropriate intensity of use are established
through the City’s zoning districts and analysis is provided above.
The City has adopted issue plans to accept and prepare for growth. Refer to Appendix B for a
list of applicable plans. The proposed revisions are part of a system which matches intensity
of mitigation to proposed intensity of use. The development standards require provision of
infrastructure to support the subdivision concurrent with the development of the subdivision.
Therefore, the proposed revisions will help ensure that a given area of land has capacity to
support the level of use.
80
Staff Report for the Unified Development Code Replacement, 21381 Page 41 of 71
D. Lessen congestion in the streets and highways.
Criterion met. The proposed amendments do not materially change the existing standards
which address this criterion. Adequate information to demonstrate compliance with adopted
standards must still be presented as part of subdivision and development permit application
submittals. The requirements for traffic impact studies have been updated to be more locally
relevant and better support identification of mitigation alternatives (38.710.050.A.11). The
City’s transportation master plan and capital improvements program address needed
expansions and improvements. Local improvements will continue to be required for
individual subdivisions as currently is required.
The proposed regulations include a long-standing element of transportation standards that
recognize that any street can only be developed so far before it becomes physically
impractical to expand. Additional travel demand will occur with additional development.
However, the BCP and issue plans determine suitable locations for additional development
and necessary services. The subdivision process will evaluate ability to provide those
services to individual developments. Therefore, no impact is expected to this criterion.
E. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Criterion met. The existing and proposed regulations set forth processes and standards by
which a development ensures required water supply, sanitary sewer, streets, stormwater,
parks, etc. are provided. The City conducts extensive planning for municipal transportation,
water, sewer, parks, and other facilities and services provided by the City. See Appendix B of
the BCP for a summary description of the various plans. Some have been updated since
adoption of the BCP and those more recent documents are what is used for development
review. For an immediate list of titles see Appendix B of this report with hyperlinks to many
of the documents. As described on BCP pages 73-74, the facility plans are an essential part of
the analysis of this criterion.
Demonstration of compliance with municipal service requirements is required as part of the
submittal requirements for subdivision application (38.710.050). Construction follows
approval of a preliminary plat and generally is completed before the final plat is approved.
The proposed regulations continue standards that support provision of light, air, water
supply, sewage disposal, parks and recreation areas, ingress and egress, and other public
improvements. The existing regulations have been found to meet this criterion.
The adopted plans consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through
private development, collaboration with partners, and its capital improvements program
(CIP). The CIP identifies individual projects, project construction scheduling, and financing
of construction.
81
Staff Report for the Unified Development Code Replacement, 21381 Page 42 of 71
Transportation projects are subject to 38.400, utility and other municipal services projects are
subject to 38.410.050-090 and 38.410.110, and park development is subject to 38.420. The
City does not have direct regulatory control over public schools. The UDC includes the PLI
district which supports development of public buildings, including schools. The City works
with School District 7 regarding provision of public utilities, emergency services, and other
needs on a collaborative basis. District 7 was consulted in the preparation of the zoning map
and the decision to identify school sites as PLI.
Appendix E of the BCP is the required infrastructure plan and describes how Bozeman
addresses how and where infrastructure may be provided, coordinates with adjacent
communities, and considers impacts and mitigation of impacts of infrastructure extension.
Considering the growth policy, supporting issue plans, and the code as a whole, the standards
requiring provision of the infrastructure listed in this criterion show the criterion is met.
See also Zoning Criteria D and E.
F. Require development in harmony with the natural environment.
Criterion met. The proposed regulations specifically address this issue with Article 38.6. The
existing standards for protection of water courses, wetlands, riparian areas, or sensitive lands
remain. Both state and local requirements demand full disclosure of watercourses, sensitive
lands, slopes, and other existing conditions that may impact development. These data ensure
correct placement and location of development to reduce impact on the natural environment.
Adopted zoning standards require avoidance of impact where possible, and mitigation when
it is not. The subdivision process implements the zoning regulations. Therefore, the proposed
amendments conform to this criterion.
G. Protect the rights of property owners.
Criterion met. Article 2, Section 3 of the Montana Constitution recognizes that landowners
have both property rights and associated responsibilities. Further, the procedural
requirements of the City’s subdivision regulations, both currently and as proposed, protect
property rights by requiring specific findings for special conditions, written decisions, appeal
processes, and that standards must have adequate basis to apply to a specific application
(38.750). The requirements for adequate coordination between all stakeholders are integrated
in the City’s planning processes, zoning regulations, and subdivision regulations.
H. Require uniform monumentation of land subdivisions and transferring interests in
real property by reference to a plat or certificate of survey.
Criterion met. The proposed amendments do not alter the standards previously found
adequate to address this requirement. Montana Codes Annotated and Administrative Rules
govern monumentation of land subdivisions and transferring interests in real property by
reference to a plat or certificate of survey. The City’s subdivision regulations include these
82
Staff Report for the Unified Development Code Replacement, 21381 Page 43 of 71
provisions. No changes to these requirements are being proposed. Both public and private
interests are addressed in this manner.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
I. Orderly development within the jurisdictional area.
Criterion met. Subdivision review, both under current law and under MLUPA, requires a
three-step process for approval. The concept plan allows for early identification of concerns
so that formal applications can be complete and responsive to required criteria of review.
Each step builds on the previous to ensure orderly development of the street network, parks,
pathways, preservation of sensitive lands, lots, monumentation, preservation of property
rights for development. These are shown by experience to be effective. The revisions do not
modify the basic street grid, park requirements, or other standards which establish an orderly
pattern of development.
J. Coordination of roads within subdivided land with other roads, both existing and
planned.
Criterion met. The proposed regulations maintain existing standards for connectivity
between streets (38.400.010 and others). The City’s long range transportation plan locates
major roadways. The existing and proposed regulations coordinate with this plan. Both
existing and proposed regulations address street design standards, placement of streets, and
access to streets. See also Zoning Criterion F.
K. Dedication of land for roadways and for public utility easements.
Criterion met. The proposed amendments do not alter the existing standards for the width or
planned locations for road placement or expansion (38.400.050). The City’s long range
transportation plan, water and sewer plans, and stormwater plans identify locations for large
scale infrastructure. Dedication of land for streets is required with subdivision and public
utilities are primarily placed within that right of way. Easements for power, cable, and other
privately provided utilities are required to be included with each plat. State law requires that
easements for utilities be provided during the subdivision process. The final plat process
includes certificates on the plat which dedicate right of way and easements (38.750.150). No
changes to these requirements are included with these amendments. See also Zoning
Criterion F and Subdivision Criterion J.
L. Improvement of roads.
Criterion met. The proposed regulations maintain the existing standards for road
improvements (38.400). New subdivisions will continue to be required to coordinate the
development of roads servicing the development with the overall street grid of the City, both
existing and planned. Most detailed construction standards are now and will continue to be
83
Staff Report for the Unified Development Code Replacement, 21381 Page 44 of 71
included in the Design and Specifications created by the Engineering Division. See also
Zoning Criteria D and F and Subdivision Criterion J and K.
M. Provision of adequate open spaces for travel, light, air and recreation.
Criteria met. Standards for light and air are generally established by the Building Code and
zoning regulations for individual lots. No changes are proposed affecting the amount of land
to be set aside for public parks. Subdivisions are required by the Montana Subdivision and
Platting Act to provide for mitigation of recreational impacts.
The proposed zoning regulations mitigate impacts of lot size by limiting bulk and mass on
each parcel by proportionally limiting the mass of a building to the size of a parcel.
See also Section 3, Zoning Criterion E and Section 4, Subdivision criteria J, K, and L.
N. Adequate transportation, water and drainage.
Criterion met. City standards for the referenced infrastructure are unchanged by the
proposed amendments. See comments in this section, Subdivision Criteria J-M. See also
Section 3, Zoning Criteria D and F.
O. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The City has not established standards greater than state regulations or guidelines
that would be affected by Mont. Code Ann. 76-3-511. Current regulations which are
continuing forward with these proposed regulations require connection to municipal water
and sewer and demonstration of adequate capacity prior to construction (38.410.070 and
38.710.050). The proposed regulations do not modify the regulations in place to ensure
adequate sanitary facilities to serve the development are installed in accordance with City
standards (38.750.110 and 38.780).
P. Avoidance or minimization of congestion.
Criterion met. The municipal code includes several standards to address this issue. As noted
above, the City requires dedication of right of way for streets and construction of streets with
subdivision of property. There are standards for adequacy of traffic flow which are evaluated
with individual projects. Projects may not move forward if adequate capacity is not available.
Application of the standards for street connectivity, pedestrian and bicycle facilities, and
overall system capacity avoid or minimize congestion.
The proposed regulations (38.400.060) continue the recognition that additional travel demand
may be associated with additional development. In some cases, physical and practical
constraints may prevent street widenings. Travel demand comes from many sources, not only
new development. The BCP and issue plans evaluate suitable locations for development and
necessary services. The subdivision process will evaluate individual development proposals
using these plans. Therefore, no impact is expected to this criterion. See responses to Section
3, Zoning Criteria C and D, and Section 4, Subdivision Criteria J-N above.
84
Staff Report for the Unified Development Code Replacement, 21381 Page 45 of 71
Q. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Criterion met. The proposed regulations require information on hazards, such as the
wildland urban interface and floodplains, which are known hazards. This continues existing
practice from state law and local regulations. This enables analysis and identification of
necessary mitigation measures to reduce hazards to future landowners and to avoid excessive
expenditure of public funds. See also Zoning Criteria A, D, and F and Subdivision Criteria
D-F, N, and O.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
85
Staff Report for the Unified Development Code Replacement, 21381 Page 46 of 71
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Bozeman Community Plan 2020 was adopted in November 2020. It is the City's plan for
land use and development. On December 21, 2021, the City Commission adopted Resolution
5368 [External Link PDF]. The resolution established priorities for municipal actions over
the next two years. Priorities include replacing the Unified Development Code to “facilitate
increased housing density, housing affordability, climate action plan objectives, sustainable
building practices, and a transparent, predictable and understandable development review
process.” The City Commission budgeted funds for the work and a contract with Code Studio
was completed in June 2022 to support the City in changing regulations. Substantial progress
has been made on the project and the formal public review process is beginning.
In the summer of 2022, the City of Bozeman brought together a team of city staff and
consultants to revise the city’s Unified Development Code (UDC). Their charge was to focus
on improving usability of the code, modernizing and cleaning up regulations, and
implementing the goals of the city’s adopted plans and policies.
On June 28, 2022, the Commission formally initiated the development code update by
approving the Professional Service Agreement between the city and the consultant team. The
Professional Service Agreement [External PDF] is a part of this report.
Bozeman implements land use planning, subdivision, and zoning as authorized by the State
of Montana and adopted existing regulations under the laws in effect at the time. The
Governor signed Senate Bill 382 [External PDF], the Montana Land Use Planning Act (the
Act, or MLUPA) on May 17, 2023. The Act changes the legal framework for land use
planning, subdivision, and municipal zoning. Bozeman must follow the Act in its planning,
subdivision, and zoning activities.
Bozeman already uses many of the required practices as part of its daily activities, but some
changes are needed to fully implement the bill. A more detailed summary is Attachment 4,
and the full text of the Act is available through the State of Montana website. Key elements
of change from the Act include:
1. What state enabling legislation applies for updated and future regulations.
2. Changing processes and manners of public participation.
3. Required content and extent of planning information to be prepared.
4. Process changes for amendments to zoning map, regulations text, and land use plan.
5. Changes to development review processes and approval authority for subdivisions
and zoning projects.
6. Changes to review processes for variances and appeals.
Following the adoption of MLUPA, the development code process has been adjusted to
account for the new requirements of the Act.
86
Staff Report for the Unified Development Code Replacement, 21381 Page 47 of 71
A project website [External Link] was created on August 11, 2022, to provide continuous
information to the public, accept public comment, and support interaction and discussion on
ideas. The City Commission conducted six work sessions to evaluate issues and give
direction. Summaries of those meetings and links to related information are available at the
project website.
The proposed regulations and enacting ordinance that are the subject of this staff report will
repeal the entire Unified Development Code (UDC), Chapter 38 BMC and replace it with a
new UDC. The repeal and replacement includes both the text of the UDC and the City’s
zoning district map. Major areas of changes with the UDC replacement include:
Compliance with revised and new state law - These are primarily process changes and
are discussed in the attachment regarding SB 382, Attachment 4.
Layout and usability enhancements including changed organization, layout, and
increased graphics.
Consolidation of residential districts.
Sustainability including facilitation of electric vehicle charging, urban agriculture
allowances, support for recycling and composting, clarification of provisions for solar
energy, support for density, local service commercial, walkability, and bicycle
facilities.
Revisions and simplification for non-residential parking including some removal of
parking requirements.
Revisions to requirements for transportation studies and standards.
During the public review process, it became necessary to reestablish a prior code amendment
including fraternities and sororities as part of the group living land use and its assignment to
zoning districts. That action is included in the draft document and is called out in the
published public notice.
Extensive outreach and engagement with the elected officials, community members, and
advisory boards informed the creation of the draft code. As part of this effort, the UDC team
worked to engage the public across Bozeman in order to better understand the priorities of
the city’s residents, their concerns and interests related to development, and the unique issues
Bozeman faces as the city continues to grow and change. A complete summary report of the
project engagement efforts over the course of the UDC update accompanies the code. This
Engagement Report [External PDF Link], analyzes the hundreds of comments received at in-
person and virtual engagement opportunities throughout the fall of 2022 and spring of 2023.
This report seeks to summarize the findings of the UDC team’s engagement efforts
throughout the duration of the project. These efforts were focused on four types of
engagement:
Intercept activity;
Focus group meetings;
87
Staff Report for the Unified Development Code Replacement, 21381 Page 48 of 71
Public work sessions (primarily City Commission and Community Development
Board); and
Code Connect online information sessions.
The City has conducted continuous and varied outreach to the public on the code update,
including a series of open houses, public hearings, public meetings (virtual and in-person),
and other outreach events. As the work moves into the formal public review and decision
process the City continues engaging with the public, with a series of public meetings and
hearings scheduled for this fall. Interested persons can review the recordings and minutes of
previous meetings and attend in-person or virtually to participate in upcoming meetings. The
primary input for the UDC update and replacement came from the adopted growth policy,
Community Housing Action Plan, and Climate Action Plan; each of which had their own
substantial public outreach and engagement efforts. Information on the City Commission
work sessions is available through the project website, engage.bozeman.net/udc [External
link] and the City’s meeting video archive [External link].
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not
To Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
issues are discussed, and the conclusion is that construction within the City is a better
outcome.
The City has had zoning since 1934. The City has replaced the entirety of its zoning
regulations sixteen times since then and completed over 250 individual amendments to the
text. These regulations have developed over time as the City has grown from 6,855 in 1930
to over 55,000 today. The City Commission and Staff identified a need for a substantial
revision to the zoning regulations to implement the Bozeman Community Plan 2020, Climate
Action Plan, Community Housing Action Plan, Neighborhood Conservation Overlay District
policy direction report, and other Commission priorities.
Affordable housing is a long-standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
need for housing and the challenges in providing housing at costs affordable to residents. The
state legislature has limited the tools the City has to support affordable housing construction.
The City is required to use incentives to encourage construction rather than mandating. The
City replaced its affordable housing standards and processes in Fall 2022 to reflect the
incentive-based approach.
The City has several ongoing efforts to support creation of housing overall including:
supporting and completing infrastructure construction,
88
Staff Report for the Unified Development Code Replacement, 21381 Page 49 of 71
development review of-right rather than as discretionary review, except where
required by state law,
use of tax increment financing in support of housing,
general fund support for affordable housing projects, and
many others.
The City consistently reviews and updates it regulations to keep them relevant and effective.
Over the past 20 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
reduced standards such as land area per home by up to 60%,
reduced setbacks from property lines by as much as 58%,
removed requirements for minimum home sizes,
increased maximum allowed heights,
authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
simplified landscaping standards and encouraged lower water use plantings,
approved dozens of zone map amendments to allow more intensive uses, and
simplified review processes.
Despite this work and other long-standing effort by the City and others, the cost of housing
has continued to escalate, especially compared to wages. Tim Ford regularly publishes data
on homes sales in the Gallatin Valley. The May 9, 2023, issue shows median single home
sale prices in the Bozeman area from first quarter 2023 at $865,874. The gap between cost of
construction and wages is not limited to Bozeman city limits. The One Valley Foundation
prepared a housing study in 2021 looking at the entire county and affordable housing issues.
Across all housing types and locations, they found consistent gaps in available wages and
cost of construction.
Creating code requires balancing of many priorities. Code development is an ongoing
process as laws change, new issues are identified, new issue plans are adopted, and
community needs change. Code work occurring separate from this UDC replacement
includes:
1. Revisions to water conservation standards,
2. Revisions to wetland protection standards,
3. Updating of standards relating to parks and active transportation following
completion of the Parks Recreation and Active Transportation plan adopted on
September 12, 2023, and
4. Short Term Rentals.
89
Staff Report for the Unified Development Code Replacement, 21381 Page 50 of 71
APPENDIX B - ADOPTED PLANS & RESOURCES
The City of Bozeman actively manages its infrastructure. Bozeman has been planning for
growth for decades as evidenced by the number and comprehensiveness of adopted issue
plans referenced in each Growth Policy the City has adopted, included the Bozeman
Community Plan 2020. Documents are hereby referenced and included with this report for
support and justification of adopted standards. BCP Appendix B: Infrastructure + Special
Topic Plans, lists the following Plans presently in place include:
2017 Fire Master Plan
2007 Parks, Recreation, Open Space and Trails
2017 Transportation Master Plan
2008 Stormwater Master Plan
2015 Wastewater Collection Facilities Plan
2017 Water Facility Plan
2013 Integrated Water Resources Plan
2013 Transportation Safety Plan
The planning area for each facility plan generally matches the planning area for the growth
policy. Minor mismatches do occur at fringe locations. Over time, these will be corrected as
each plan is updated and matched to the growth policy boundary. The water plans rely on
geographical features and facilities located well outside of the land use planning area. This is
reflective of the realities of watershed operation. Additional documents are listed on page 19
of the BCP.
Each plan contains analysis of existing and future needs. For detailed evaluation of each plan
please consult the appropriate facility plan. Some facilities, such as transportation, address
the demands placed by many thousands of daily commuters and of persons passing through
the community. Others, like stormwater, primarily address needs by residents. A comparison
of individual plans will therefore show differences in the size of anticipated service
populations now and in the future. For a generalized discussion of existing conditions in the
City please see Appendix B and for generalized future needs please see Appendix D of the
BCP 2020. Collectively, these plans provide an infrastructure plan that meets the
requirements of 76-1-601(3)(c)(v) and (4)(c), MCA. MLUPA requires advance planning for
a wide range of infrastructure and services. Most but not all are included in the following list.
Starting on page B-4 are summaries of plans. The following links are provided for
convenience.
Bozeman Community Plan, 2020
https://www.bozeman.net/home/showpublisheddocument/1074/638212934420400000
Integrated Water Resource Plan
90
Staff Report for the Unified Development Code Replacement, 21381 Page 51 of 71
https://www.bozeman.net/home/showdocument?id=836
2008 Storm Water Facilities Plan - May 2008
http://weblink.bozeman.net/weblink8/0/doc/46890/electronic.aspx
Bozeman Transportation Master Plan - April 2017
https://mdt.mt.gov/publications/docs/brochures/bozeman_tranplan_study.pdf
Bozeman Community Transportation Safety Plan – July 2013
https://www.mdt.mt.gov/pubinvolve/bozemanctsp/docs/boz_ctsp_final_07_2013.pdf
2015 Wastewater Collection Facilities Plan Update - June 2015
https://www.bozeman.net/home/showdocument?id=832
2017 Water Facility Plan – July 2017
https://www.bozeman.net/home/showdocument?id=4977
Drought Management Plan – May 2022
https://www.bozeman.net/home/showpublisheddocument/12166/638158697587670000
Parks, Recreation, Open Space, and Trails Plan (PROST) – December 2007 (replaced)
https://www.bozeman.net/home/showdocument?id=3284
Parks, Recreation, and Active Transportation Plan – September 2023
City Commission packet materials for draft acted on September 12, 2023. Some final
amendments during adoption need to be inserted before the final draft will be available.
Fire & EMS Master Plan – August 2017
https://weblink.bozeman.net/WebLink/DocView.aspx?id=140435&dbid=0&repo=BOZEMA
N
Bozeman Climate Action Plan – December 2020
https://weblink.bozeman.net/WebLink/DocView.aspx?id=254994&dbid=0&repo=BOZEMA
N
Urban Forestry Management Plan – February 2016
https://www.bozeman.net/home/showdocument?id=3621
Economic Development Strategy Update – November 2016 (replaced)
http://weblink.bozeman.net/weblink8/0/doc/120846/electronic.aspx
Economic Development Strategy – June 2023 – updated version
https://weblink.bozeman.net/weblink/docview.aspx?id=278239&dbid=0&repo=bozeman
91
Staff Report for the Unified Development Code Replacement, 21381 Page 52 of 71
Community Housing Needs Assessment – February 2019
https://www.bozeman.net/home/showdocument?id=8773
Community Housing Action Plan – April 2020 Amendment
https://www.bozeman.net/home/showpublisheddocument/10195/638181049709530000
Neighborhood Conservation Overlay District Report – 2015
https://www.bozeman.net/home/showpublisheddocument/8932/637413117338300000
Bozeman Guidelines for Historic Preservation & the Neighborhood Conservation
Overlay District
https://www.bozeman.net/home/showpublisheddocument/8932/637413117338300000
City of Bozeman Final NCOD Policy Direction – 2019
https://weblink.bozeman.net/WebLink/DocView.aspx?id=229108&dbid=0&repo=BOZEMA
N&searchid=8a1217e6-f4a3-4853-8341-fade32fb9785
Design and Connectivity Plan for the North 7th Avenue Corridor – October 2006
https://www.bozeman.net/home/showdocument?id=556
Downtown Bozeman Improvement Plan – May 2019
https://www.bozeman.net/home/showdocument?id=9041
Cemetery Master Plan (Sunset Hills) – June 2017
https://www.bozeman.net/home/showdocument?id=5408
Downtown Strategic Parking Management Plan – July 2016
https://www.bozeman.net/home/showdocument?id=1762
Midtown Action Plan – August 2017
https://www.midtownbozeman.org/uploads/Documents/Action-Plan-V10.pdf
Gallatin County Hazard Mitigation and Community Wildfire Protection Plan – June
2019
https://dnrc.mt.gov/Forestry/Community-Local-Government/Gallatin-Co_CWPP_2019.pdf
Triangle Community Plan – August 2020
https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/pages/triangle_community_pl
an_final.pdf
Bozeman Strategic Plan
https://strategic-plan-bozeman.opendata.arcgis.com/
92
Staff Report for the Unified Development Code Replacement, 21381 Page 53 of 71
Bozeman Municipal Code
https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeid=bozeman_mun
icipal_code
Secretary of the Interior Standards for Historic Preservation
https://www.nps.gov/orgs/1739/index.htm
Code Bozeman Code Audit, Unified Development Code Affordable Housing Assessment
- December 2021
https://www.bozeman.net/home/showpublisheddocument/12096/637871809455400000
Montana Code Annotated
https://leg.mt.gov/bills/mca/index.html
APPENDIX C - NOTICING AND PUBLIC COMMENT
Hearings: Notice for adoption of zoning and subdivision regulations must meet the existing
standards of 38.220.400-420, BMC [External link] and state law. Notice was published in the
Bozeman Daily Chronicle newspaper on Saturday 8/26/2023, Saturday 9/02/2023, and
Saturday 9/09/2023. A revised notice with additional details was published on Saturday
9/16/2023, Saturday 9/23/2023, Saturday 9/30/2023, and Saturday 10/7/2023. Both notices
contained all required elements. Saturdays were selected for publication as they have the
greatest circulation and will reach the most people. The City exceeded the number of notice
publications required. Separate notices will be published for the public hearings by the City
Commission.
The notice and text were also provided through the City’s Community Development web
viewer and Laserfiche archive feature on the City’s website. Notice of the public hearing was
provided at least 15 working days before the public hearing before the Community
Development Board. All notices advised dates and times and methods for submittal of
comment, access to subject matter, and other information. These notices were a continuation
of an extensive public engagement effort for the project as described and supported by the
project website [External link].
Other meetings: The City advertised and held three public open houses (two in-person and
one virtual) to aid the public in being aware of and to understand the draft after its release on
August 14th. These open houses were advertised in the Bozeman Daily Chronicle, the project
website, a mailing included in municipal utility bills, through email distribution lists,
discussion at Community Development Board and City Commission meetings and packet
materials, and news posts through the City website and the project website.
Comment: Written comments may be submitted through agenda@bozeman.net email or to
the City Clerk, PO Box 1230, Bozeman MT 59771. Submitted written comments are
93
Staff Report for the Unified Development Code Replacement, 21381 Page 54 of 71
available through the Laserfiche archive [External link]. As comments are received, they are
placed in the project folder in Laserfiche and become immediately available to anyone.
Oral comments may be offered at public hearings and meetings. Recordings of each public
meeting and hearing in the review will be made and hosted through the City’s video archive
[External link] on the municipal website. All received comments will move forward during
the review processes to all decision makers.
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
APPENDIX E – MONTANA LAND USE PLANNING ACT STAFF
ANALYSIS AND FINDINGS REGARDING STATE CRITERIA FOR
ZONING AND SUBDIVISION REGULATIONS
The Montana Land Use Planning Act entirely replaces the criteria for adopting or
amendment zoning and subdivision regulations. Some elements such as compliance with
planning documents (land use and issue plans) continue. Some previous criteria are entirely
deleted. This repeal and replacement of Chapter 38 is a transition from the standards and
criteria of Title 76 Chapters 2 and 3, MCA, to the new standards of MLUPA. For
completeness and transparency to the public, analysis of both sets of criteria area included in
this staff report and will be presented to the public.
In considering applications for plan approval under this MLUPA, the advisory boards and
City Commission consider the following criteria. As the adoption of zoning and subdivision
regulations is a legislative action, the Commission has broad latitude to determine a policy
direction. The burden of proof that the application should be approved lies with the applicant.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in adopted land use
plan, issue plans, and Chapter 38, Unified Development Code.
94
Staff Report for the Unified Development Code Replacement, 21381 Page 55 of 71
Zoning Criteria – MLUPA Section 21(c)(2)
A. The zoning regulation and map as proposed or as amended would be in substantial
compliance with the land use plan.
Criterion met. The Bozeman Community Plan 2020 (BCP) was adopted in November 2020
after an extensive public process and participation. The BCP addresses the existing
conditions and needs for the future of the City. The BCP includes and incorporates by
reference in Appendix B many other documents addressing elements required with a land use
plan. Appendices A-E as well as the main body of the BCP address required elements. See
Criterion A in Section 3 of this report for analysis on both text and map which is
incorporated here for this criterion as is set forth fully. See also Attachment 3 showing
compliance with the Montana Land Use Planning Act (MLUPA).
The issue and neighborhood plans supporting the land use plan have individually been
adopted after due public process and are incorporated into the BCP by reference on page 19
and Appendices B and E. These include the Community Housing Action Plan and Climate
Action Plan as discussed in Section 3, Criterion A.
B. Accommodates the projected needed housing types identified in the land use plan.
Criterion met.
Text: This criterion focuses on the types of housing rather than the number of dwellings
required. The projected housing needs are discussed on page D-1 of the BCP, in the
Demographic and Real Estate Market Assessment prepared in support of the BCP,
Community Housing Needs Assessment, and in the Community Housing Action Plan
(CHAP).
The Montana Land Use Planning Act defines a range of housing types. Those definitions
have been incorporated into the proposed regulations (38.800.050 and others). The uses are
assigned to individual districts in 38.300.020. All the housing types defined in MLUPA, plus
others, are authorized. The four residential districts allow for all the types of housing.
Commercial and industrial areas also provide opportunity for many types of housing. The
proposed zoning districts are displayed on the draft zoning map.
Map: The proposed zoning map provides locations for all zoning districts. As described in
Section 3, Criterion A, elements 1 and 14, as part of growth policy implementation a wide
range of housing types, including all those identified in MLUPA, have been provided in the
zoning districts. Examination of 38.300.020 and comparison with the zoning map
demonstrates compliance with this criterion.
95
Staff Report for the Unified Development Code Replacement, 21381 Page 56 of 71
C. Contains five or more specific strategies from [section 19, Montana Land Use
Planning Act] to encourage the development of housing within the jurisdiction.
Criterion met. The City has implemented many of the strategies included in this section of
MLUPA previously and includes more with this proposed ordinance. Implementation of
more than the regulatory minimum advances the BCP and other issue plans as discussed
elsewhere in this report. The proposed regulations and map implement the following
alternatives from Section 19:
b – zoning map
e – accessory dwellings
f – single room occupancy
h – eliminate minimum lot size
j – tiny homes
n – multi-unit dwellings.
Alternatives subsumed by those listed above or are addressed in part include:
a – duplex
c – parking reduction
g – triplex/fourplex
k – setbacks
For full details see Attachment 3, MLUPA compliance.
For additional support for housing, the City established Division 38.340 establishing
incentives for construction of housing to serve persons with lower incomes. The incentives
leverage and support other housing supportive programs like Low Income Housing Tax
Credits and the City’s own direct financial investments in affordable housing. These
incentives are available in all zoning districts that allow housing. The City conducted careful
financial feasibility during the development of the incentives to assure their practicality. The
incentives, including density bonuses and allowed additional height for qualifying buildings
are consistent with MLUPA and also implement the CHAP, such as the density bonus
strategy on p. 23 and flexible standards on p. 19.
The CHAP, page 5, looking forward from 2019 data, shows a need for an additional 5,400-
6,340 dwellings over the following five years. These numbers predated the surge in housing
demand during the COVID pandemic. Construction permit information from 2020-2022
shows permits issued for 4,413 homes. During the period of 2014-2022, the mix of housing
types was approximately 22.6% detached single homes and 77.3% as attached housing of
some type. The City has consistently supported a diverse housing stock.
96
Staff Report for the Unified Development Code Replacement, 21381 Page 57 of 71
The proposed regulations include as a standard in residential districts a minimum density for
new construction of housing (38.210 and 38.260.030). Each district has a different
requirement which is part of what distinguishes one district from another. Districts which
allow greater heights, lot coverage, and more diverse housing mix have a higher requirement.
One purpose of the minimum housing requirement is to encourage a mix of housing types.
As noted in the MLUPA, Sections 3 and 19, there are a variety of different housing types
contemplated and encouragement for a range of housing types is included. This helps meet
the range of housing needs of the population of Bozeman.
As discussed in Section 3, Criterion A, a mix of housing and urban density housing advances
many goals of the BCP and MLUPA.
Map: Not applicable to the zoning map.
D. Reflects allowable uses and densities in areas that may be adequately served by
public safety, emergency, utility, transportation, education, and any other local facilities
or services identified by the local government in [section 11, Montana Land Use
Planning Act].
Criterion met.
Text: The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans consider existing
conditions and identify enhancements needed to provide additional service needed by new
development. The City implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction. The annual capital improvement program allows coordination between multiple
funding sources and projects, private development, and public engagement in deciding
priorities. The annual plan is presented, reviewed, and adopted in various public meetings
each fall.
Each plan looks at services areas, future expansion, and needed improvements for existing
service areas. A plan typically looks at a planning horizon of 20 years, although some look
further into the future. Needs for physical construction and other expansion are identified as
part of the planning process. The planning area for each service is included within the planning
area of the BCP. The City rarely provides services outside its own boundaries. The City
expands its area through annexation. As required in the annexation enabling statutes, the City
evaluates the ability to provide services before annexing property. A zoning district is
established in conjunction with the annexation process.
As stated in 38.200.020.E, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
97
Staff Report for the Unified Development Code Replacement, 21381 Page 58 of 71
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.200.020.E, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Uses are assigned to individual zoning districts in 38.300.020. As stated above and in
38.100.050, 38.740.080, and 38.750.090 development which does not meet the requirements,
including availability of infrastructure and services, of Chapter 38 will not be approved. Each
zoning district provides a wide range of possible uses and intensities. All the allowed uses are
within a range successfully constructed previously in Bozeman. Due to that range, the City’s
infrastructure planning documents make certain assumptions, such as sewage flow per minute
per acre, to allow analysis in the absence of full development plans prior to development
proposals. Service assumptions vary by each type of infrastructure and are in the individual
plans.
When a formal proposal is submitted, Staff evaluate the planned demand for service against
the demand for service documented by the development application. When necessary, service
capacity may be increased before construction is allowed. Extensions of pipes, streets, and
similar infrastructure are common with new development. Engineering review of detailed
plans and specifications ensures that infrastructure conforms to design standards and locations
required with development approval.
See also discussion of Criterion C, D, and F in Section 3 for further information and findings.
Map: The proposed map only encompasses the City limits. The City does not zone, although
it does do planning, outside of its legal boundaries. Inside the City, the issue plans
demonstrate where the listed service of the criterion are presently provided or can be
extended.
The City does not control the location or construction of public schools as a municipal
service. The City does coordinate and work with School District #7 on location and
development review for schools to ensure public safety, services, and infrastructure has been
provided. The zoning map shows public schools as PLI, Public Lands and Institutions, which
is a best fit zoning district. The City consulted with School District #7 during the zoning map
development.
See also discussion of Criterion C, D, and F in Section 3 for further information and findings.
98
Staff Report for the Unified Development Code Replacement, 21381 Page 59 of 71
E. Allows sufficient area for existing, new, or expanding commercial, industrial, and
institutional enterprises the local government has identified in [section 12, Montana
Land Use Planning Act] for targeted economic growth in the jurisdiction.
Criterion met.
Text: The Demographic and Real Estate Market Assessment prepared for the BCP examined
land needed for future growth in employment and services. The future land use map in the
BCP shows where land has been designated for these uses both inside and outside of the
City. The City does not stand alone in its economy but is part of the larger regional economy
with some services and employment being provided in other communities and Bozeman in
turn providing services and employment to those communities.
The proposed zoning map includes properties that are vacant and undeveloped. See the latest
land use inventory on the Community Development web viewer for a visual depiction. The
latest annual report for 2022 is available through the City’s website. There appears adequate
land available or able to be annexed over the planning horizon to provide the necessary area.
The City annexes 6-12 parcels per year of various sizes. Recently, the zoning applied in
conjunction with annexation has tended towards higher density and mixed-use districts which
provide for both housing and employment. The City is also seeing redevelopment and
intensification in redevelopment areas like Midtown where urban renewal districts are
stimulating reinvestment and replacement of obsolescent buildings.
The 2023 update to the Economic Vitality Study provides updated information on the
characteristics of the economy.
Map: The annual land use inventory as of December 31, 2022, showed that the employment-
oriented zoning districts had 19% of their combined area available for additional
development. Opportunities exist in several urban renewal districts for additional
development or redevelopment. Several large redevelopments recently tripled the
development on-site along the N. 7th Corridor in the Midtown urban renewal area. The South
Bozeman Technology District is presently constructing several large buildings and land
capacity for several more is available. A large share of employment occurs within the PLI
district with Montana State University, School District #7, and other large employers.
F. Protects and maximizes the potential use of natural resources within the area, as
identified in [section 13, Montana Land Use Planning Act].
Criterion met.
Text: The City’s zoning regulations only apply within the municipal boundary. Agricultural
properties and forest lands are primarily outside of the City boundary. The opportunities for
99
Staff Report for the Unified Development Code Replacement, 21381 Page 60 of 71
use of natural resources are limited as there are no mines, forests, or similar natural resources
inside the city. There are no known such facilities to be protected. The BCP considers sand
and gravel in Appendix C.
If agricultural properties annex, they are allowed to continue to operate at the existing scope
and scale until the owner chooses to change use on the land. The City has adopted an urban
forestry plan as included in Appendix B of this report. This plan focuses on public trees in
parks and rights-of-way. The City maintains an inventory of almost 26,000 trees to assist in
their management. This program is outside of Chapter 38.
The City has expanded agricultural options under the proposed regulations (38.300.020 and
38.320.120). The emphasis remains on agriculture that is consistent with the close distances
and intense uses of a city. The City also has a variety of requirements to protect agricultural
water use facilities (38.310.010 and 38.710.050.A.8). Information on permits affecting
waters is included in 38.710.020 and other sections.
Map: The zoning map shows the various zoning districts. As described above and elsewhere
in this report natural resource use within the City is limited. Personal gardens are allowed in
all districts. Agriculture as a business is allowed in non-residential districts. The City does
not have forestry, mining, or similar resource extraction activities in its jurisdiction.
Activities such as recreational hunting is not allowed within the city for public safety reasons
by regulations outside of Chapter 38. Recreational fishing is not prohibited. Management of
fishing waters is not controlled directly by zoning although the PLI district supports parks
which may have fishing locations within them.
G. Minimizes or avoids impacts to the natural environment within the area, as
identified in [section 13, Montana Land Use Planning Act].
Criterion met.
Text: Article 38.6 addresses protection of natural resources such as floodplains, wetlands,
and watercourses. The City has general mapping of these features. Floodplain mapping for
Bozeman Creek was updated and floodplain regulations updated to best practices in
conjunction with state and federal agencies. Many of the waterways in Bozeman are small
and fall below the threshold for FEMA mapping and floodplain analysis. The City has
mapped features in the past and is currently working on an upgrade to the data. Due to the
precision of these features, more detailed mapping is required to be provided with
development so that the established standards may be properly applied. The standards require
protection or enhancement of natural features, habitat, plant communities, and other related
elements. Other agencies such as the Gallatin County Conservation District have legal
responsibility to review permitting outside of zoning for impact to water features.
100
Staff Report for the Unified Development Code Replacement, 21381 Page 61 of 71
These regulations focus on identification and protection of watercourses, wetlands and
floodplains and emphasize avoidance of impacts. The review authority is authorized to
require buffers, design alterations, use restrictions and mitigation of impacts. Restoration of
features and vegetation may also be required due to damage done previously.
The US Supreme Court recently issued a decision which required the US Army Corps of
Engineers to reduce the scope of USACE regulations for wetland regulations. This decision
did not modify the City’s wetland regulation standards. A separate code amendment process
is evaluating what changes to the City’s regulations may be needed.
The allowance with the proposed regulations to increase allowed building heights in some
districts provides opportunity for more housing or other urban development without
increasing the amount of land used for development.
Water is a key requirement for any urban development. The City has several facility plans for
the acquiring, collection, treatment, transmission, and discharge of water back to the natural
environment. Each plan examines an element of the overall system. The City is subject to
many state and federal regulations for these purposes which establish minimum standards for
development and construction. Examples are DEQ Circular 1 and the MS4 permit. The City
does not repeat those standards in its zoning as that would be duplicative and potentially
confusing.
The City’s water adequacy requirements (38.410.100), grading and drainage requirements
(38.410.080), municipal utility requirements (38.410.070), and standards for easement
(38.410.060) all are part of the zoning regulations that ensure water stays clean and goes
where it needs to go when needed. The City’s engineering design and specifications manual,
now being updated, provides greater details for the physical construction of pipes and
infrastructure.
Map: The zoning map does not reach a level of detail to depict individual watercourses or
similar natural features. The zoning standards protecting the natural environment apply in all
zoning districts. Therefore, this criterion in not applicable to the map.
H. Avoids or minimizes dangers associated with natural hazards in the jurisdiction, as
identified in [section 13, Montana Land Use Planning Act].
Criterion met.
Text: The City mapped the contours of the city as part of its ongoing GIS development and
data updates. This information is expected to be updated again in FY2024. Aerial photos
have been updated in 2023 following a typical two-year cycle. The City has few significant
slopes that are not already developed. The most prominent topographic feature is the
Sourdough ridge which is mostly owned by the City as Burke Park. Development on steep
101
Staff Report for the Unified Development Code Replacement, 21381 Page 62 of 71
slopes is prohibited unless the developer can demonstrate they may be safely constructed
(38.410.010.C).
The City participates in the development and application of the Gallatin County Hazard
Mitigation and Community Wildfire Protection Plan. This maps or otherwise identifies a
variety of hazards including earthquake, fire, and flooding and addresses protection
measures. The proposed regulation continues a long standing requirement for building
permits (38.700.100, adopted building codes, and Chapter 10, BMC). The City has adopted
the wildland urban interface building code appendix as authorized by the state to provide
protection to buildings constructed in this area. The City does not duplicate those standards
in the zoning regulations. The City also plans for and monitors fire protection requirements
(38.410.090).
Water is a common hazard in this area. Article 38.6 addresses protection of natural resources
such as floodplains, wetlands, and watercourses. The City has general mapping of these
features. Many of the waterways in Bozeman are small and fall below the threshold for
FEMA mapping and floodplain analysis. The City has mapped features in the past and is
currently working on an upgrade to the data. Due to the precision of these features, more
detailed mapping is required to be provided with development so that the established
standards may be properly applied. The standards require protection or enhancement of
natural features, habitat, plant communities, and other related elements. Other agencies such
as the Gallatin County Conservation District have legal responsibility to review permitting
outside of zoning for impact to water features. Identifying and protecting these water features
avoids conflict with human use and avoids or minimizes dangers.
Some lands may be unsuitable for development. The City limits development on those lands
and requires the natural environment to be protected to the extent possible consistent with
other standards and the potential development of the property (38.410.010). This standard
does not require no impact on a site but does require careful consideration of design. Primary
natural hazards that can be addressed in the UDC in the Bozeman area are flooding and the
Article 38.6 provisions largely address this concern. Earthquakes are beyond the control of
the City but are another concern primarily addressed through building codes.
Map: The zoning map does not reach a level of detail to depict individual watercourses or
similar natural features. The zoning standards protecting from or minimizing hazards apply
in all zoning districts. Presence of hazardous natural features may make compliance with
standards for infrastructure or other development needs difficult. Therefore, this criterion has
limited applicability to the zoning map.
Historically, some intensive development, such as portions of the B3 area along Bozeman
Creek, developed in areas that would not be acceptable today. The map does include those
areas for the uses that exist there. Incremental improvements are pursued as opportunity
allows to improve safety.
102
Staff Report for the Unified Development Code Replacement, 21381 Page 63 of 71
I. Determine whether the proposed zoning regulation, map, or amendment results in
new or increased impacts to or from local facilities, services, natural resources, natural
environment, or natural hazards from those previously described and analyzed in the
assessment conducted for the land use plan.
Criterion met.
Text:
1) Facilities and Services. The various issue plans addressing infrastructure and services each
identify a service area. Often this area is deliberately coordinated between the future land use
map and the infrastructure plans. Over time this planning area is adjusted so some differences
in outer boundaries is expected.
The City’s land use plan planning area and future land use map cover a much larger area than
the City will require for expansion over the next 20 years, especially if policies encouraging
infill and redevelopment are productive. Each plan looks at the physical hardware and other
items necessary to service the planning area. See for example Chapter 9 of the 2017 Water
Facility Plan which provides both maps and tables.
The City prepares an annual land use inventory for properties within the City. As of
December 31, 2022, 80% of the land within the City had already been developed.
Much of the developed area of the City is of recent construction and far from reaching
obsolescence. Much of the older areas have seen substantial renovation and reinvestment
over the past 20-30 years. It is difficult to assemble larger parcels for substantially more
intense development from diverse ownerships. Therefore, although there is additional
intensity possible under the new code, the practical likelihood of rapid substantial
intensification sufficient to cause non-conformity with this criterion in previously developed
low density areas is low. The proposed regulations establish a standard of 20% increase
above planned demand as being significant.
Redevelopment in urban renewal areas is actively encouraged and the proposed regulations
will likely facilitate that change. Those areas are also a focus of infrastructure planning. Plans
are regularly updated, and as new development occurs, whether greenfield or redevelopment,
it will be integrated into the planning. As a percentage change, the probable differences at a
system-wide level will be small.
Considering greenfield development, the potential difference is less predictable as a property
owner could seek any zoning district allowed by the future land use map. The planning
process does evaluate future needs. As individual zone map amendments, subdivisions, or
site plans are proposed the City can evaluate the range of demand against what was
considered in the plan. This is a routine part of the development review process, and the City
may require additional information if needed to verify that the application is consistent with
103
Staff Report for the Unified Development Code Replacement, 21381 Page 64 of 71
planning documents. If the City identifies that an application is not in substantial compliance,
then additional information must be provided to identify impacts and analysis of mitigation
must be made available for public review. Substantial compliance means within 20% of the
values relied upon in the issue plans.
Division 38.710 establishes submittal requirements for zoning and subdivision applications
which provide data to demonstrate substantial compliance.
2) Natural resources, natural environment, natural hazards: The City has maintained and
carried forward standards, procedures, and requirements addressing these issues. As
discussed under Criteria G & H of this appendix, the City has adopted standards in place to
protect against hazards. There are some places where development is not appropriate. The
City has established Article 38.600 to address the majority of these cases. Building code
standards for fire resistance, ventilation, exiting, and other protection are not changed with
the new UDC, remain in place (Chapter 10, BMC), and will continue to protect the public.
The City has adopted the building code appendix for wildland urban interface. The City
adopts the building regulations under authority of the state and must follow the standards
adopted by the Department of Labor and Industry.
Streets and other travel facilities must be provided which allow for emergency service access
(38.400) as well as daily travel. Provision of water for firefighting and sewers to remove
polluted water must be shown with application materials and required pipes installed before
building occupancy (38.410.070). Requirements to avoid floodplains and similar physical
hazards (Article 6) remain in place. Therefore, access by emergency services, suitable water
and sewer services, and other safety features are provided. Avoidance of hazardous areas
actively prevents hazards and no changes to those requirements are proposed. See also
discussion of zoning criteria in Section 3 of this report.
Map: The zoning map only applies within the municipal boundary. All properties within the
municipal boundary have been annexed. As part of the annexation process, the City must
evaluate ability to deliver municipal services either as is or after extension or expansion of
services. Evaluation of the ability to extend or expand services is based on the adopted issue
plans. As discussed above, standards to protect from natural hazards are included in the text
and apply to each zoning district. Therefore, the zoning map meets this criterion.
Subdivision Criteria -MLUPA Section 27(c)(2)
A. Whether the subdivision regulation or amendment to a subdivision regulation is in
substantial compliance with the land use plan and zoning regulations.
Criterion met. Primary compliance to the land use plan is done through zoning. The
subdivision process then implements the zoning. If the zoning is compliant then the
104
Staff Report for the Unified Development Code Replacement, 21381 Page 65 of 71
subdivision process is likely compliant. See analysis in Section 4, Criterion A and Appendix
E, Criterion A for discussion of zoning compliance with the land use plan.
The subdivision regulations do not establish any standard in conflict with the zoning. The
review processes follow state law requirements and do not contradict zoning requirements.
B. Whether the subdivision regulation or amendment to a subdivision regulation
enables the development of projected needed housing types identified in the land use
plan and zoning regulations.
Criterion met. The subdivision process included in the proposed regulations complies with
the Montana Land Use Planning Act. The process ensures provision of infrastructure needed
to enable safe and efficient construction and occupancy of homes. The uses required in
MLUPA are assigned to zoning districts. The zoning districts establish many standards for
residential development. Divisions 38.400-38.420 address layouts for streets, easements for
utilities, parks, and similar subdivision features. Article 38.6 addresses hazards from water to
prevent injury to future homeowners and residents. Division 38.710 identifies the
information needed to demonstrate compliance with regulations so that a subdivision may be
approved. Division 38.750 establishes the necessary procedures to review and approve new
subdivisions or alter existing ones.
All these elements make it possible to develop any housing, including the dwelling types
identified in the land use plan and zoning regulations.
C. Whether the subdivision regulation or amendment to a subdivision regulation
reflects applicable strategies from the land use plan and zoning regulations to
encourage the development of housing within the jurisdiction.
Criterion met. The compliance with the land use plan is shown in Section 4, Criterion A.
Housing development related elements include encouragement of development within the
city. This is bolstered by policies regarding timely and efficient extension of infrastructure
and maintenance of existing infrastructure.
The subdivision process is simplified by following the adopted zoning standards to avoid
development in hazardous areas as describe in Article 38.6.
The issue plans supporting the land use plan identify needed improvements for municipal
utilities and services. The issue plans look at expansion areas and potential impediments to
expansion. Identifying this information allows a subdivision to be designed in compliance
with planned standards and available services, avoid unnecessary process delays, and ensure
that future residents have adequate services.
D. Whether the subdivision regulation or amendment to a subdivision regulation
facilitates the adequate provision of public safety, emergency, utility, transportation,
105
Staff Report for the Unified Development Code Replacement, 21381 Page 66 of 71
education, and any other local facilities or services for proposed development, as
identified in the land use plan and zoning regulations.
Criterion met. The subdivision regulations require demonstration of compliance with
adopted standards. Sections 38.710.020 and 38.710.050 identify required information to
make that demonstration.
The issue plans supporting the land use plan identify needed improvements for municipal
utilities and services. The issue plans look at expansion areas and potential impediments to
expansion. Identifying this information allows a subdivision to be designed in compliance
with planned standards and available services, avoid unnecessary process delays, and ensure
that future residents have adequate services.
The City has programs outside of the UDC to encourage water conservation, transportation
demand management, and other actions that reduce demand from existing development and
lessen impacts from new development.
The zoning standards, issue plans, and other adopted standards and code ensure services will
be provided. See discussion under Section 3, Criterion B-D and F and Section 4, Zoning
Criterion D.
E. Whether the subdivision regulation or amendment to a subdivision regulation
reflects standards that provide for existing, new, or expanding commercial, industrial,
and institutional enterprises identified in the land use plan and zoning regulations for
economic growth.
Criterion met. The subdivision regulations require demonstration of compliance with
adopted standards. Sections 38.710.020 and 38.710.050 identify required information to
make that demonstration.
The issue plans supporting the land use plan identify improvements needed to provide for
existing, new, or expanding commercial, industrial, and institutional uses. The issue plans
look at expansion areas and potential impediments to expansion. Identifying this information
allows a subdivision to be designed in compliance with planned standards and available
services, avoid unnecessary process delays, and ensure that future businesses and other land
users have adequate services.
The zoning standards, issue plans, and other adopted standards and code ensure services will
be provided. See Zoning Criterion E in this appendix.
F. Whether the subdivision regulation or amendment to a subdivision regulation
protects and maximizes the potential use of natural resources within the area, as
identified in the land use plan and zoning regulations.
Criterion neutral. The standards for natural resource use are part of zoning. Areas for natural
resource extraction are unlikely to be subdivided which is usually a precursor to development
106
Staff Report for the Unified Development Code Replacement, 21381 Page 67 of 71
with urban development buildings. Furthermore, there are currently no mining, forestry, or
other resource extraction activities occurring within the City. The City generally protects
agriculture and soils by providing an urban location where more land efficient development
can occur, thereby reducing lower density, more land consumptive development. A tract
could be created through subdivision for use as an urban farm as defined. That would be an
application of the zoning and not materially affected by the subdivision process. See also
Zoning Criterion F in this appendix.
G. Whether the subdivision regulation or amendment to a subdivision regulation
contains standards that minimize or avoid impacts to the natural environment within
the area, as identified in the land use plan and zoning regulations.
Criterion met. The subdivision process implements zoning. The proposed zoning restricts
development, including division of land, in areas not suitable for development, such as a
floodplain. Detailed information must be provided as required in 38.710.050 to demonstrate
compliance with zoning. See also Zoning Criterion G in this appendix for description of the
zoning standards which require identification of and establish separation standards from
wetlands and watercourses or require mitigation of impacts. Article 38.4 also contains
standards, implemented through the subdivision process, to address protection from pollution
of water, control of stormwater, and actions consistent with this criterion.
H. Whether the subdivision regulation or amendment to a subdivision regulation
contains standards that avoid or minimize dangers associated with natural hazards in
the jurisdiction, as identified in the land use plan and zoning regulations.
Criterion met. The subdivision process relies on zoning to establish standards for
development. The platting process is predominantly a surveying exercise to establish
boundaries of tracts and right of way. The proposed plat application must demonstrate
compliance with adopted standards. The proposed zoning restricts development, including
division of land, in areas not suitable for development, such as a floodplain. Detailed
information must be provided as required in 38.710.050 to demonstrate compliance with
zoning. See also Zoning Criterion H in this appendix.
I. Whether the subdivision regulation or amendment to a subdivision regulation
results in new or increased potential impacts to or from local facilities, services, natural
resources, natural environment, or natural hazards from those previously described
and analyzed in the assessments conducted for the land use plan and zoning
regulations.
Criterion neutral. The platting process is predominantly a surveying exercise to establish
boundaries of tracts and right of way. The proposed plat application must demonstrate
compliance with adopted standards. Standards for development established with zoning such
as requirement to connect to municipal utilities (38.410.070) address the ultimate impacts
from construction that follow a platting process. See also Zoning Criterion I of this appendix.
107
Staff Report for the Unified Development Code Replacement, 21381 Page 68 of 71
APPENDIX F – FUTURE LAND USE MAP CORRELATION WITH
ZONING
Chapter 3 | Future Land Use of the BCP 2020. “Future land use is the community’s
fundamental building block. It is an illustration of the City’s desired outcome to
accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions. Land use categories are not
regulatory. Each category description can be implemented by multiple zoning districts.”
“The Future Land Use Map for the Planning Area is an indispensable part of this Plan. It
utilizes ten land use categories to illustrate and guide the intent, type of use, density, and
intensity of future development.”
“Land use categories are not regulatory in and of themselves. The Correlation with Zoning
table shows the existing zoning districts that implement the intent of each district.”
The proposed regulations change the names of some zoning districts, delete others, and
creates a zoning district. The intended correspondence between the new and old districts and
the future land use designations is important to establish. Two images follow. The first shows
the existing BCP Table 4 using the existing zoning district names. The second shows the
same future land use designations but associates the new names. This is not an amendment to
Table 4 but an illustration of how the updated zoning districts implement each future land use
category.
108
Staff Report for the Unified Development Code Replacement, 21381 Page 69 of 71
Existing Correlation with Zoning
109
Staff Report for the Unified Development Code Replacement, 21381 Page 70 of 71
Proposed Correlation with Zoning
FISCAL EFFECTS
Funds for the code replacement have been budgeted and committed by contract.
110
Staff Report for the Unified Development Code Replacement, 21381 Page 71 of 71
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
• #1 - Key dates for public review of proposed regulations
• #2 - Copy of revised public hearing notice
• #3 - Identification of compliance of regulations with the Montana Land Use Planning Act
• #4 - Summary of SB382 presented to City Commission on July 25, 2023
111
Anticipated Key Dates in Bozeman Unified Development Code Replacement Public Review
Document distribution
Aug 14th – Public Review draft document posted for public access to Engage.Bozeman.net/udc
Aug 23rd -24th – Two in-person open houses for public overview of the draft and questions/answers
23rd – Fire Station 3 Community Room – 1705 Vaquero Parkway, 5:30-7
24th – City Hall, City Commission Room – 121 N. Rouse Avenue, 11:30-1:30
August 28th – Code Connect on-line through Engage.Bozeman.net/udc for remote overview and
questions/answers
Advisory Boards Other Than Community Development Board
Sustainability Board – project overview August 9th
Sustainability Board – Recommendation September 13th
Historic Preservation Advisory Board – project overview August 16th
Historic Preservation Advisory Board – Recommendation September 21st (tentative)
Transportation Advisory Board – project overview August 23rd
Transportation Advisory Board – Recommendation September 27th
Economic Vitality Board – project overview September 6th
Economic Vitality Board – Recommendation October 4th
InterNeighborhood Council – project overview/Q&A September 14th (No recommendation to be
requested due to the nature of the board)
Community Development Board
Public meetings/hearings as currently scheduled
• Sept 11th Community Development Board – Overview presentation of draft document and map
• Sept 18th Community Development Board public hearing
• Oct 10th Community Development Board public hearing
• Oct 16th Community Development Board public hearing - vote and recommendation on both
map and text
City Commission
Public meetings/hearings as currently scheduled
• Oct 24th City Commission – Overview presentation
• Nov 14th City Commission public hearing
112
• Nov 21st City Commission public hearing
• Nov 28th City Commission public hearing - provisional adoption text and map
• Dec 19th City Commission final adoption – text and map
113
REVISED NOTICE OF PUBLIC HEARINGS TO REPEAL AND ENTIRELY REPLACE CHAPTER 38, UNIFIED DEVELOPMENT CODE, OF THE BOZEMAN MUNICIPAL
CODE.
What: The City of Bozeman gives notice of public hearings to consider an ordinance that would repeal the entire Unified Development Code (UDC), Chapter 38 BMC and replace it with a new UDC. The repeal and replacement includes both the text of the UDC and the City’s zoning district map. The UDC establishes the procedures and standards for review, development, and
redevelopment of land within the City including subdivision and zoning regulations.
What a complete repeal and replacement means is that all existing elements of the City’s UDC including but not limited to the following are proposed for repeal and subject to change if the UDC replacement ordinance is adopted by the Bozeman City Commission:
• The uses allowed or prohibited in any zoning district and the associated review process
for approval.
• The number, names and purposes of the City’s zoning districts including residential, commercial, mixed use, and industrial districts.
• Standards of land and building development in all zoning districts and for all uses including without limitation building heights and setbacks as well as other regulations controlling building placement and construction.
• Regulations addressing under what circumstances a landowner must provide public or
private infrastructure and the standards for construction of new infrastructure.
• Definitions of all terms used throughout the UDC including those applicable to land uses, application procedures, and others.
• Creation, deletion, consolidation, or other modifications to the nature and location of
zoning districts as shown on the City’s official zoning map.
• Standards for how City officials will interpret the text of subdivision and zoning regulations and the boundaries of zoning districts.
• Which person or entity of the City has the authority to make recommendations or
decisions on land development applications.
• The process for review and decision making for amendments to the zoning text, zoning map, subdivision regulations, site development, interpretation of standards, the method of making appeals from decisions, and other procedures of the UDC.
• Organization, layout, and formatting of the UDC.
• Coordination with State law.
• Location of zoning districts on the zoning map including revisions to boundaries,
application of changes in the zoning text such as consolidation, deletion, or creation of zoning districts and revisions to improve consistency with the future land use map of the Bozeman Community Plan 2020.
THE PUBLIC IS GIVEN NOTICE THAT EVERY COMPONENT OF THE CITY’S
EXISTING LAND USE REGULATIONS IS SUBJECT TO REPEAL AND REPLACEMENT. THIS MEANS THAT CURRENT ZONING AND SUBDIVISION REGULATIONS WILL NO LONGER BE APPLICABLE; SIMILAR STANDARDS MAY BE ADOPTED WITH THE NEW REGULATIONS. IF THE ORDINANCE REPEALING
114
AND REPLACING THE UDC IS ADOPTED BY THE BOZEMAN CITY COMMISSION THE CITY WILL APPLY THE NEW UDC REGULATIONS TO ALL LAND
DEVELOPMENT AND LAND USES ONCE THE ORDINANCE BECOMES EFFECTIVE.
Further details are provided below. The complete text of the proposed revised UDC and zoning map are available at the project website, engage.bozeman.net/udc.
Why: The City is legally obligated to conform its zoning and subdivision regulations to its
adopted growth policy (land use plan) and supporting issue plans. The revised UDC continues
implementation of the City’s adopted land use plan, housing plan, sustainability plans, and other issue plans. These three named plans were adopted in 2020 and the City’s implementation of its Community Plan has been ongoing. The new UDC also includes changes to aid in user convenience. These changes include increased use of graphics, simplified language, and a
reorganization of the UDC.
Additionally, the 2023 Montana Legislature adopted a new legal framework for land use planning and land development called the Montana Land Use Planning Act (SB382). This new law applies to the City of Bozeman and completely replaces the laws that governed earlier regulations. The City is legally obligated to comply with the new law within a set timeframe.
Therefore, Bozeman must update and replace its regulations to comply with the Montana Land
Use Planning Act.
Bozeman’s land use plan and supporting issue plans provide guidance for how the City of Bozeman will change and grow in the future, and the ways the City can mitigate the impacts of new development.
The Montana Land Use Planning Act emphasizes public involvement during the planning and
policy-making stage rather than during development permitting. The Montana Land Use Planning Act includes new requirements that shifts the scope of and opportunity for public participation to the planning phase (i.e. the adoption of a land use plan and associated issue plans) and the development of regulation phase while limiting opportunities for public
comment at the site-specific development phase. Under the Montana Land Use Planning Act, public participation is limited to only the impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, or during the adoption of zoning regulations and subdivision regulations.
When and Who:
On Monday, September 18, 2023, at 6:00 p.m., the Community Development Board acting in its capacity as the Zoning Commission and Planning Board (Planning Commission) will conduct a public hearing to receive public testimony and consider a recommendation on the repeal and replacement of the UDC. The hearing will occur in the Bozeman Commission Room
at Bozeman City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public may also
participate remotely via a virtual meeting. Instructions for joining the virtual meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.
115
If needed, the public hearing may be continued and considered further on additional days, including October 10th and/or October 16th. Continued meetings will also occur at 6 pm at the
same location and via virtual platform.
Separate notice will be provided for public hearings before the City Commission.
How: The proposed repeal and replacement of the UDC will be implemented by adoption of an ordinance by the City Commission after receiving a recommendation from the Community Development Board, considering public comments, and considering the criteria for adopting
regulations under Montana law including laws controlling the adoption of zoning and
subdivision regulations. In addition, as the repeal and replacement is a method for the City to comply with the Montana Land Use Planning Act, the City will also review the proposed UDC under the criteria required by the Montana Land Use Planning Act. The regulations must be consistent with the Bozeman Community Plan 2020 and associated issue plans.
The public may comment orally at the public hearings or in writing at or prior to the public
hearings regarding compliance of this application with the required criteria established in Section 76-2-304, MCA, and Title 76, Chapter 3, MCA, particularly sections 76-3-102 and 76-3-501, MCA Analysis of compliance with criteria of he Montana Land Use Planning Act, Section 21(2) and Section 27(2) will also be provided. The Montana Land Use Planning Act is available at
https://leg.mt.gov/bills/2023/billpdf/SB0382.pdf.
Public comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue to review the proposed replacement UDC and may refine language in response to public comments, and provide analysis of criteria and comments.
The Community Development Board must provide a recommendation on the proposed UDC
repeal and replacement. As part of its recommendation, the Board may suggest alternate text or zoning map designations from what is initially included in the public review draft.
The City Commission will also hold a public hearing to consider the proposed repeal and replacement of the UDC. The City Commission may act to approve, modify, or reject the
proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred to in this notice during the public hearing process. At this time, the City Commission is expected to begin their review on October 24, 2023.
The complete text of the proposed replacement UDC and a draft new zoning map is available through the City’s project website, engage.bozeman.net/udc.
The City invites the public to comment in writing and to attend the public hearings. Written
comments are encouraged and may be directed to City of Bozeman, Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230 or emailed to agenda@bozeman.net. Please reference Application 21381 in all correspondence.
For those who require accommodations for disabilities, please contact Mike Gray, City of
Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).
Details: The proposed new UDC text and map are complete replacements of all previously adopted land use regulations and the City’s zoning map. The proposal includes changes to standards and location of zoning districts, changes to allowed uses, and changes to development
116
standards and processes, including the City’s zoning map. Many elements of the new and old regulations and zoning map are not proposed to change; however, to implement policies from
adopted planning documents, like the Bozeman Community Plan 2020, and the new legal
framework established by the Montana Land Use Planning Act, many proposed elements of the new UDC are proposed to change. Below, the City provides notice of key differences in the proposed new UDC. This is not an exhaustive list; as such the public is encouraged to study the entire document and zoning map to understand the full scope and nature of the new regulations.
Formatting, layout, and organization – These proposed changes are unique to Bozeman’s
UDC.
• Each zoning district is portrayed in two sections, one for lot information, and one for building information with key standards identified. See new proposed divisions 38.210,
38.220, 38.230.
• The key standards in each district are connected by hyperlinked references to Rules of Interpretation which provide additional details applicable to each standard. See for example proposed section 38.210.020.
• Increased use of graphics to illustrate standards. See for example proposed section
38.260.110.
• Wording is revised to be less technical and formal.
• The proposed new UDC has been reorganized to place administrative processes at the
end of the UDC and district and use information toward the beginning. See proposed
Article 7 for administrative processes.
Changes to Processes – These process changes listed below are a result of changes in State law.
• An administrative decision maker is assigned to all site development review and decision
making, including variances and preliminary plats, instead of the City Commission, and
removing requirements for public meetings. See proposed section 38.700.010.
• Replacement of criteria required for adoption or amendments to the UDC text or zoning map. The criteria previously used to evaluate additions or changes to the zoning, under
76-2-304, MCA,, no longer apply and as the Montana Legislature, through the Montana
Land Use Planning Act has amended the criteria for evaluating the adoption or amendment of zoning regulations. The Montana Land Use Planning Act also removed the protest provisions for zoning amendments. See proposed division 38.770.
• The administrative appeals process is proposed to change and now has two steps. First, an
administrative decision may be appealed to the planning commission. Second, after the planning commission has heard the appeal a decision of the planning commission may be appealed to the Bozeman City Commission. See proposed section 38.760.030.
• Public notice procedures for individual site development projects and opportunity to
comment has been changed to comply with State law; public comment will be in writing, the time period for public notice and opportunity to comment for text and map amendments increases and continues to have public hearings. See proposed division 38.730.
• Review of individual site development or subdivision no longer includes advisory body input. See proposed divisions 38.740 and 38.750.
117
• Review of applications submitted prior to the effective date of the proposed regulations
will be subject to the standards in effect on the date an application is deemed sufficient
for review.
Changes to Development Standards and Zoning Districts – The items described below are either a result of changes in State law and /or implement City of Bozeman adopted policies.
• The City proposes to rename most residential districts to avoid confusion with the same
terms being used for different purposes in the building code. An important change is consolidation of the existing RS, R1, R2, and R3 zoning districts into a new R-A zoning district. This change proposes to consolidate allowed uses as well as the name and location of the district. R4 is proposed to be renamed to R-B and R5 is proposed to become R-C. See proposed sections 38.200.020 (lot and building standards) and
38.300.020 (uses within each zoning district.) for the new standards.
• Group living is a defined use (38.800.080) to facilitate shared living opportunities and is proposed to be allowed in all residential districts, including RA. Greek organizations (commonly called fraternities or sororities) will be authorized in zoning districts that
allow group living. The City proposes to repeal the prohibition of fraternities and sororities in the existing R1 and R2 zoning districts and authorize those within group living as a permitted use in the new R-A zoning district.
• The names and definitions of most residential uses are proposed to change to match with
definitions used in State law. See proposed sections 38.300.020 and proposed article 8.
• Deleted the R-O and UMU zoning districts. These districts are proposed to be replaced on the zoning map by an alternative district judged to be a best fit considering existing uses on site, adjacent, and the future land use map of the Bozeman Community Plan 2020 and vary by location and proposed zoning district. See proposed section 38.200.020 and
the proposed zoning map.
• The number and type of zoning districts, along with allowed land uses are proposed to be changed. See proposed divisions 38.200 and 38.300.
• Propose to repeal a requirement that residential lots have a minimum size per home. See
proposed division 38.210.
• The minimum residential density in residential districts is proposed to increase, including providing exceptions to allowable density for existing lots. Minimum residential lot size
is proposed to be deleted. The proposed manner of controlling building volume and
residential density is proposed to rely on a combination of other applicable lot, building, and development standards. See proposed division 38.210 and section 38.260.030
• Required parking for all uses except housing is proposed to change – The proposed requirements are simplified, mixed uses are proposed to be given more flexibility, and the
required quantity of parking generally is proposed to decrease. Some areas may no longer require minimum parking, several alternatives to providing vehicle parking have been removed, including the parking authorizations related to Special Improvement District 565. Parking categories are proposed to be consistent with the names of land uses. Standards for physical configuration of parking have few changes. See proposed sections
38.300.020 and 38.530.040.
• Set a new method to define allowable building heights. The proposal includes changing allowable building heights from a fixed height in feet to a set number of stories in all districts. This provides both site specific flexibility in building design and a general
118
overall structure and maximum height limits. Wall plate heights are proposed to be established which will limit building maximum size in some districts. See proposed
section 38.260.100.
• Short- and long-term bicycle parking standards are proposed to be established that replace the existing requirements that previously linked bicycle parking amounts to the number of motor vehicle parking spaces. See proposed section 38.530.070.
• Revised the building height transitions between zoning districts. The proposal would require a greater number of circumstances for when a building height transition would be required to provide a less abrupt difference in building heights between adjacent zoning districts. See proposed section 38.260.070.
• The proposal includes replacing the information required with a transportation impact study, modifying functional standards for how streets are allowed to carry traffic, and revising mitigation criteria and methods for when development must off-set the impacts on streets from additional development. See proposed sections 38.400.060 and 38.710.050.
• The proposal includes merging most development standards previously presented as Block Frontage in the existing Article 5 into the individual zoning district standards and the associated rules of interpretation found in the proposed Article 2 and Division 38.520.
Changes to the zoning map – The City’s zoning map implements the Bozeman Community Plan 2020’s future land use map and shows the locations throughout the city where the standards
described in the proposed UDC will apply.
• The R-O district is proposed to be repealed from the zoning text. This requires replacement of the R-O zoning district on the zoning map with alternate districts. Due to the many different locations in the city, and the uses included in the existing R-O, and
future planned uses where R-O is currently located, the replacement zoning districts vary by location.
• Creation of the B-3C zoning district to reflect the unique characteristics and historic nature of the area generally located between the alleyway north of Main Street and north
of Babcock Street and between Grand Avenue and Rouse Avenue.
• Show the locations throughout the city of the proposed RA district (consolidation of the previous RS, R1, R2, and R3 districts) on the zoning map.
• Show the locations throughout the city of the proposed RB (renamed from R4) and RC
(renamed from R-5) districts.
• Apply the Public Land and Institutions (PLI) zoning district to all parks and schools which were previously shown as other zoning districts.
• The B-2M zoning district is proposed to replace most areas of the existing B2 along the Main Street corridor, at Kagy and South 19th, the corner of Baxter and Davis, along College Street, and at other select locations.
********
119
Page 1 of 38
This document shows where the requirements of the Montana Land Use Planning Act (SB382) are met throughout the proposed regulations to replace Chapter 38, Unified Development Code, BMC. The Code Commissioner has not yet issued section numbers within the Montana Code Annotated for SB382. References in the draft regulation are to the section numbers included SB382 and shown here. Once the Code Commission has assigned numbers for each SB382 section those references in the proposed regulations will be update.
Section 1. Short Title. [Sections 1 through 38] may be cited as the "Montana Land Use
Planning Act".
Section 3. Definitions. As used in [sections 1 through 38], unless the context or subject matter clearly requires otherwise, the following definitions apply: Location in Proposed Regulation
(1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has
been or is likely to be specially and injuriously affected by the decision.
38.800.020
(2) "Applicant" means a person who seeks a land use permit or other approval of a development proposal. 38.800.020
(3) "Built environment" means man-made or modified structures that
provide people with living, working, and recreational spaces.
38.800.030
(4) "Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided, unimproved land. 38.800.040 and Resolution 4784
(5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations.
38.800.040
(6) "Dedication" means the deliberate appropriation of land by an owner for
any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
38.800.050
(7) "Division of land" means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels
pursuant to [sections 1 through 38]. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.
38.800.050
(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-unit, and multi-unit dwellings. 38.800.050
(9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one household. 38.800.050
(10) "Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing. Not used in code, defined in statute.
120
Page 2 of 38
(11) "Final plat" means the final drawing of the subdivision and dedication
required by [sections 1 through 38] to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in [sections 1 through 38] and in regulations adopted pursuant to [sections 1 through 38].
38.800.070
(12) "Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the
units through an internal doorway, excluding common hallways.
38.800.070
(13) "Immediate family" means a spouse, children by blood or adoption, and parents. 38.750.130.C.3 cross reference to statute
(14) "Irrigation district" means a district established pursuant to Title 85,
chapter 7.
38.800.100
(15) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local government. For municipalities, the term includes those areas the local government anticipates may be annexed into the municipality over the next 20 years.
38.800.030
(16) "Land use permit" means an authorization to complete development in
conformance with an application approved by the local government.
38.800.130
(17) "Land use plan" means the land use plan and future land use map adopted in accordance with [sections 1 through 38]. 38.800.130
(18) "Land use regulations" means zoning, zoning map, subdivision, or other land use regulations authorized by state law. This statute
(19) "Local governing body" or "governing body" means the elected body responsible for the administration of a local government. 38.800.040
(20) "Local government" means a county, consolidated city-county, or an incorporated municipality to which the provisions of [sections 1 through 38] apply as provided in [section 5].
This statute
(21) "Manufactured housing" means a dwelling for a single household, built
offsite in a factory that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101.
38.800.140
(22) "Ministerial permit" means a permit granted upon a determination that a proposed project complies with the zoning map and the established standards set forth in the zoning regulations. The determination must be based on
objective standards, involving little or no personal judgment, and must be issued by the planning administrator.
38.800.140
(23) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways.
38.800.140
121
Page 3 of 38
(24) "Permitted use" means a use that may be approved by issuance of a
ministerial permit.
38.800.170
(25) "Planning administrator" means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in [sections 1 through 38].
38.800.050
(26) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.
38.800.170
(27) "Preliminary plat" means a neat and scaled drawing of a proposed
subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body.
38.800.170
(28) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of [sections 1 through 38], the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter
13, parts 42, 43, and 44.
38.800.170
(29) "Single-room occupancy development" means a development with dwelling units in which residents rent a private bedroom with a shared kitchen
and bathroom facilities.
38.800.200
(30) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any other dwelling unit. 38.800.200
(31) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land. 38.800.200
(32) "Subdivision" means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as
a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed.
38.800.200
(33) "Subdivision guarantee" means a form of guarantee that is approved by
the commissioner of insurance and is specifically designed to disclose the information required in [section 34].
38.800.200
(34) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office.
38.800.200
(35) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in which the dwelling units share a common separation, 38.800.200
122
Page 4 of 38
such as a ceiling or wall, and in which access cannot be gained between the
units through an internal doorway, excluding common hallways.
(36) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway.
38.800.200
Proposed Regulation or Other Location
Section 4. Planning commission. (1) (a) Each local government shall
establish, by ordinance or resolution, a planning commission.
Chapter 2, Article 5,
Divisions 4 and 15
Resolution 5330
(b) Any combination of local governments may create a multi-jurisdiction planning commission or join an existing commission pursuant to an interlocal agreement.
NA
(c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment
existing prior to [the effective date of this act] may be considered duly constituted under [sections 1 through 38] as a planning commission by agreement of the governing bodies of each jurisdiction represented on the planning commission.
Chapter 2, Article 5, Divisions 4 and 15
Resolution 5330
(ii) If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
NA
(A) designate, combine, consolidate, or modify one or more of the
authorized boards or commissions as the planning commission; or
NA
(B) create a new planning commission pursuant to this section and disband the existing boards and commissions. NA
(2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting members who are confirmed by majority vote of each local governing body.
Chapter 2, Article 5, Division 4
Resolution 5330
(ii) Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning commission. NA
(b) The planning commission shall meet at least once every 6 months. Resolution 5330
(c) Minutes must be kept of all meetings of the planning commission and all meetings and records must be open to the public. Not code
123
Page 5 of 38
Proposed Regulation
or Other Location
(d) A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
38.770.030
(e) The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms,
qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined
necessary by the local governing body.
Resolution 5330
(3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents:
(i) the land use plan and future land use map as provided in [section 7]; Planning Board
Resolution 20-1, Aug 17, 2020
(ii) zoning regulations and map as provided in [sections 18 through 24]; 38.770
(iii) subdivision regulations as provided in [sections 25 through 34]; and 38.770
(iv) any other legislative land use planning document the local governing body designates. Resolution 5330
(b) In accordance with [section 37], the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection (3)(a). Decisions of the planning commission may be appealed to the local
governing body as provided in [section 37].
38.700.010.H
38.760.030
(4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404.
Section 5. Applicability and compliance. (1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of [sections 1 through 38].
MCA – No local action required for this section – Bozeman meets thresholds in this paragraph.
(2) (a) Except as provided in subsection (2)(b),
any municipality that meets the population thresholds of subsection (1) on [the effective date of this act] shall comply with the provisions of [sections 1 through 38] within 3 years of [the effective date of this act].
124
Page 6 of 38
(b) A municipality that has adopted a growth policy
within 5 years prior to [the effective date of this act] shall comply with the provisions of [sections 1 through 38] within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
Maximum delay for compliance is
November 17, 2025, for plan adoption and May 17, 2026 for the Act
(c) A municipality that meets the population thresholds of subsection (1) on any decennial census completed after
[the effective date of this act] shall comply with the provisions of [sections 1 through 38] by December 31 of
the third year after the date of the decennial census.
NA
(3) (a) A local government that is not required to comply with the provisions of [sections 1 through 38] may decide to comply with the provisions of [sections 1 through 38] by an affirmative vote of the local
governing body. After an affirmative vote, the governing body shall comply with the provisions of [sections 1 through 38] by December 31 of the fifth year after the date of the vote.
NA
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of [sections 1 through 38] may subsequently decide to not comply with
the provisions of [sections 1 through 38] by an affirmative vote.
NA
(4) A local government that complies with [sections 1 through 38] is not subject to any provision of Title 76, chapters 1, 2, 3, or 8.
No action required.
Where Provided
Section 6. Public participation. (1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or
regulations pursuant to [sections 1 through 38].
(b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum:
(i) dissemination of draft documents; engage.bozeman.net/udc, electronic agendas with links
(ii) an opportunity for written and verbal comments; Engage.bozeman.net/udc, agenda@bozeman.net,
Interboro report,
Community Development Board hearing,
125
Page 7 of 38
Where Provided
City Commission hearing,
38.770
(iii) public meetings after effective notice; 38.730 and 38.770, engage.bozeman, agendas. Community Development
Board, City Commission
(iv) electronic communication regarding the process, including online access to documents, updates, and comments; and
Engage.bozeman.net/udc, agendas
agenda@bozeman.net
(v) an analysis of and response to public comments. July 2023 Engagement Report, Ongoing through public review
(2) A local government shall document and retain all
public outreach and participation performed as part of the administrative record in accordance with the retention
schedule published by the secretary of state.
Engage.Bozeman, July 2023
Engagement Report, Ongoing through public review
(3) (a) A local government may decide the method for providing:
(i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and
Public engagement plan, engage.bozeman, 38.730, 38.770
(ii) notice of written comment on applications for land
use permits pursuant to [sections 1 through 38].
38.730
(b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate.
38.730
(c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update of a land use plan or
regulation and shall document all comments received.
Engage.Bozeman, July 2023 Engagement Report, Ongoing through public review, Laserfiche archive
(d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations.
NA
(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local
government shall emphasize that:
(a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the
Included in public notice, public presentations to advisory boards and City Commission
126
Page 8 of 38
Where Provided
extraction of natural resources, while acknowledging and
addressing the impacts of that development on adjacent properties, the community, the natural environment, public
services and facilities, and natural hazards;
(b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation;
Public participation plan, engage.bozeman.net/udc, Interboro engagement report, advisory boards, Community Development Board, City
Commission
(c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan; and
See staff report analysis Sections 3 and 4, Appendix E
(d) the scope of and opportunity for public participation and comment on site-specific development in substantial compliance with the land use plan must be limited only to
those impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations.
38.730
(5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section.
Engage Bozeman framework April 2021. Public participation plan adopted during UDC update setup
Proposed
Regulation or other Location
Section 18. Authority to adopt local zoning regulations. (1) (a) A local government subject to [sections 1 through 38], within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial compliance with its adopted land use plan by adopting zoning regulations.
38.100.020
(b) The governing body of a county or city has the authority to adopt zoning regulations in accordance with [sections 18 through 24] by an ordinance that
substantially complies with 7-5-103 through 7-5-107.
Ord #2151 assigned
(c) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are being annexed into the municipality.
38.200
(2) Local zoning regulations authorized in subsection (1) include but are not
limited to ordinances prescribing the:
127
Page 9 of 38
(a) uses of land; 38.300
38.310
38320
38.330
(b) density of uses; 38.210
38.220
38.230
38.240
(c) types of uses; 38.300
38.310
38320
38.330
(d) size, character, number, form, and mass of structures; and 38.210
38.220
38.230
38.240
38.260
(e) development standards mitigating the impacts of development, as identified and analyzed during the land use planning process and review and
adoption of zoning regulations pursuant to [sections 1 through 38].
Articles 4-6
(3) The local government shall incorporate any existing zoning regulations adopted pursuant to Title 76, chapter 2, into the zoning regulations meeting the requirements of [sections 1 through 38].
All of Chapter 38 as updated included in proposed
regulations
(4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance with the land use plan and future land use map and the zoning regulations adopted pursuant to this section, graphically illustrating the zone or zones that a property within the jurisdiction is subject to.
38.200
Zoning map
(5) The local government may provide for the issuance of permits as may be necessary for the implementation of [sections 1 through 38]. 38.740
38.750
(6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a development or a specific type of development, such as
unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services.
38.600
38.610
38.620
38.710
(b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless the hazards or impacts may be eliminated or overcome by 38.100.080
128
Page 10 of 38
approved construction techniques or other mitigation measures identified in the
zoning regulations.
38.110.010
38.400
38.410
38.600
38.610
38.620
(c) Approved construction techniques or other mitigation measures described in subsection (6)(b) may not include building regulations as defined in 50-60-
101 other than those identified by the department of labor and industry as provided in 50-60-901.
38.700.100-130
38.740.150
Chapter 10, BMC
(7) The zoning regulations and map must mitigate the hazards created by development in areas located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and map must identify those areas where future development is limited or prohibited.
38.600
38.620
(8) The zoning regulations must allow for the continued use of land or
buildings legal at the time that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation, map, or amendment.
38.790
Location in Proposed
Regulation
Section 19. Encouragement of development of housing. (1) The zoning regulations authorized in [section 18] must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted; 38.300.020 subset of n below
(b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population
centers, as determined by the local government;
Zoning map
(c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit; 38.530.040 partial compliance for some districts and residences
(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%; Not zoning or subdivision
129
Page 11 of 38
Location in Proposed
Regulation
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a
primary residence;
38.300.020
(f) allow for single-room occupancy developments; 38.300.020 (group living and household)
38.800.080
38.800.090
38.800.200
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted; 38.300.020 subset of n below
(h) eliminate minimum lot sizes or reduce the existing minimum lot
size required by at least 25%;
38.210, 38.220, 38.230 - No minimum lot size except 38.210.050
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
Not implemented
(j) provide for zoning that specifically allows or encourages the
development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
38.210 no minimum
dwelling size or lot size. City has adopted Appendix Q
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%; Some setbacks reduced not all
(l) increase building height limits for dwelling units by at least 25%; Amended in 2022 but not by 25%
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are
primary permitted uses; or
Allowed in many districts but not on all lots.
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses. 38.300.020. RA district has limits on scope.
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
Not code
(3) If the adoption of a housing strategy allowed in subsection (1)
subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government.
Not code
130
Page 12 of 38
Location in Proposed
Regulation
Section 20. Limitations on zoning authority. (1) A local government acting pursuant to [sections 18 through 24] may not:
(a) treat manufactured housing units differently from any other residential units; 38.800.140 38.800.200
(b) include in a zoning regulation any requirement to: No prohibited
actions are included in code
(i) pay a fee for the purpose of providing housing for specified income levels
or at specified sale prices; or
(ii) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices, including a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale
prices;
(c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;
(d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground;
(e) subject to subsection (2) and outside of incorporated municipalities,
prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;
(f) except as provided in subsection (3), treat the following differently from any other residential use of property:
(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623, if the
home or facility provides care on a 24-hour-a-day basis;
(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a 24-hour-a-day basis; or
(iii) a family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7;
131
Page 13 of 38
(g) except as provided in subsection (3), apply any safety or sanitary
regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children; or
(h) prohibit any existing agricultural activities or force the termination of any existing agricultural activities outside the boundaries of an incorporated city, including agricultural activities that were established outside the corporate limits
of a municipality and thereafter annexed into the municipality.
(2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior to the filing of a permit application or at the time a written
request is received for a preapplication meeting pursuant to 82-4-432.
(3) Except for a day-care home registered by the department of public health and human services, a local government may impose zoning standards and conditions on any type of home or facility identified in subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the
requirements of subsections (1)(f) and (1)(g).
Location in Proposed
Regulation
Section 21. Adoption and amendment of zoning regulations. (1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission.
38.770.030
(b) An amendment to an adopted zoning regulation or map may be initiated: 38.770.010
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general
election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend a zoning regulation or map, the planning commission shall: 38.770.030
(a) provide public notice and participation in accordance with [section 6]; 38.730
38.770
(b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body.
38.730
132
Page 14 of 38
Location in
Proposed Regulation
(c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map:
38.730
(i) accommodates the projected needed housing types identified in [section 10]; 38.210
38.300.020
(ii) contains five or more specific strategies from [section 19] to encourage the development of housing within the jurisdiction; See Section 19 response
(iii) reflects allowable uses and densities in areas that may be adequately
served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in [section 11];
38.100.050 & 080
Article 2 and 3
38.400
38.410
38.420
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in [section 12] for targeted economic growth in the jurisdiction;
38.200, 38.300.020,
38.320,
Future Land Use Map, Resolution
5076
(v) protects and maximizes the potential use of natural resources within the area, as identified in [section 13]; 38.310.010 38.320.020 38.320.110
38.410.060
38.710.050.A.8
(vi) minimizes or avoids impacts to the natural environment within the area, as identified in [section 13]; and 38.310.010 38.410.010
38.410.070 38.410.080, 38.600, 38.610, 38.620
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in [section 13]; and 38.410.010, 38.410.080, 38.600, 38.610, 38.620
(d) preliminarily determine whether the proposed zoning regulation, map, or amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those
Conclusions, not code. 38.770.020
133
Page 15 of 38
Location in
Proposed Regulation
previously described and analyzed in the assessment conducted for the land use
plan.
(3) If the planning commission finds new or increased impacts from the proposed regulation, map, or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the
opportunity to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment.
38.770.020
(4) After meeting the requirements of subsections (2) and (3), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation, map, or amendment.
38.770.030
(5) (a) The governing body shall consider each zoning regulation, map, or amendment that the planning commission recommends to the governing body. 38.770.030
(b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, adopt with revisions the governing body
considers appropriate, or reject the zoning regulation, map, or amendment as proposed by the planning commission.
38.770.030
(c) The governing body may not condition an amendment to a zoning regulation or map. Restriction, not code.
(d) The governing body may not adopt or amend a zoning regulation or map unless the governing body finds that:
(i) the regulation, map, or amendment is in substantial compliance with the land use plan; and 38.770.020 38.770.030
(ii) the impacts resulting from development in substantial compliance with the proposed zoning regulation, map, or amendment have been made available
for public review and comment and have been fully considered by the governing body.
38.770.020
38.770.030
(6) After the zoning regulation, map, or amendment has been adopted by the governing body, there is a presumption that: 38.730
(a) all permitting in substantial compliance with the zoning regulation, map, or amendment is in substantial compliance with the land use plan; and
(b) the public has been provided a meaningful opportunity to participate.
134
Page 16 of 38
Location in
Proposed Regulation
Section 22. Effect on zoning regulations and map. (1) After the adoption of a zoning regulation, map, or amendment pursuant to [section 21], any application proposing development of a site is subject to the process set forth in this section.
38.100.030
38.100.080
38.740
38.750
(2) (a) When a proposed development lies entirely within an incorporated city, or is proposed for annexation into the city, the application must be
submitted to and approved by the city.
38.100.090
(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be
submitted to and approved by the county.
38.100.030 38.100.090
(c) If a proposed development lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on
the application.
No city jurisdiction outside of boundaries
(d) If the proposed development lies partly within an incorporated city, the application and materials must be submitted to and approved by both the city
and the county governing bodies.
38.100.090
(3) Zoning compliance permits and other ministerial permits may be issued by the planning administrator or the planning administrator's designee without any further review or analysis by the governing body, except as provided in [section 37].
38.700.010
(4) If a proposed development, with or without variances or deviations from
adopted standards, is in substantial compliance with the zoning regulations or map and all impacts resulting from the development were previously analyzed and made available for public review and comment prior to the adoption of the land use plan, zoning regulation, map, or amendment thereto, the application must be approved, approved with conditions, or denied by the planning administrator and is not subject to any further public review or comment, except
as provided in [section 37].
38.700.010
38.730.020
(5) (a) If a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations and map but may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan or zoning regulations, the planning administrator shall proceed as follows:
38.740.080
38.730
(b) request that the applicant collect any additional data and perform any additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the impacts identified in subsection (5)(a);
135
Page 17 of 38
Location in
Proposed Regulation
(c) collect any additional data or perform additional analysis the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the impacts identified in subsection (5)(a); and
(d) provide notice of a 15-business day written comment period during which the public has the reasonable opportunity to participate in the consideration of
the impacts identified in subsection (5)(a).
38.730 38.740.080
(6) (a) Any additional analysis or public comment on a proposed development described in subsection (5) must be limited to only any new or significantly increased impacts potentially resulting from the proposed development, to the extent the impact was not previously identified or considered in the adoption or amendment of the land use plan or zoning regulations.
38.740.080
(b) The planning administrator shall approve, approve with conditions, or
deny the application. The planning administrator's decision is final and no further action may be taken except as provided in [section 37].
38.740, 38.740.160
38.760.030
(7) If an applicant proposes to develop a site in a manner or to an extent that the development is not in substantial compliance with the zoning regulations or map, the applicant shall propose an amendment to the regulations or map and follow the process provided for in [section 21].
Statutory requirement, not code
Current/Draft Location Public Document
Location
Section 23. Zoning and annexation. (1) A municipality shall review and consider a proposed annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to [section 18(1)(c)] following the procedures set forth in [section 22].
38.200.060 CS draft 38.200.060
(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
Statutory cross reference.
Location in Proposed Regulation
Section 25. Authority to adopt local subdivision regulations -- limitations. (1) Within its respective jurisdiction, a local government shall regulate the creation of lots in 38.750
136
Page 18 of 38
Location in
Proposed Regulation
substantial compliance with its adopted land use plan and zoning regulations by
adopting subdivision regulations.
(b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with [sections 25 through 34] by an ordinance that substantially complies with 7-5-103 through 7-5-107.
Not code, Ord. 2151 assigned
(c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body
anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality.
38.750 - will apply upon
annexation of the
property.
(2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of [sections 1 through 38].
38.750
(3) (a) A local governing body may not require, as a condition for approval of a
subdivision under this [sections 25 through 34]:
No element
of the code violates these restrictions
(i) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(ii) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices.
(b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a
payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
(4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in [sections 25 through 34].
Location in Proposed
Regulation
Section 26. Exemptions to subdivision review. (1) The following divisions of land, if made in substantial compliance with zoning regulations adopted pursuant to [sections 18 through 24], are not subject to the requirements of [sections 1 through 38]:
38.750.150
137
Page 19 of 38
Location in
Proposed Regulation
(a) subject to subsection (2), the creation of four or fewer new lots or parcels from
an original lot or parcel:
(i) by order of a court of record in this state;
(ii) by operation of law; or
(iii) that, in the absence of agreement between the parties to a sale, could be created by court order in this state pursuant to the law of eminent domain, Title 70, chapter 30;
(b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land
being divided, or refinancing, if the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture;
(c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;
(d) the creation of cemetery lots;
(e) the reservation of a life estate on a portion of a tract of record;
(f) the lease or rental of a portion of a tract of record for farming and agricultural purposes;
(g) the division of property over which the state does not have jurisdiction;
(h) the creation of rights-of-way or utility sites;
(i) the creation of condominiums, townhomes, townhouses, or conversions, as
those terms are defined in 70-23-102, when any applicable park dedication requirements as set forth in [sections 18 through 24] are complied with;
(j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority;
(k) subject to subsection (4), a division of state-owned land, unless the division creates a second or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974;
(l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1, 1974;
(m) the relocation of common boundary lines between or aggregations of adjoining
properties that does not result in an increase in the number of lots;
138
Page 20 of 38
Location in
Proposed Regulation
(n) a single gift or sale in each county to each member of the landowner's
immediate family; or
(o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in which the landowner enters into a covenant with the governing body that runs with the land that provides that the divided land must be used exclusively for agricultural purposes.
(2) Before a court of record orders a division of land under subsection (1)(a), the
court shall notify the governing body of the pending division and allow the governing body to present written comment on the division.
38.750.150
(3) A transfer of divided land by the owner of the property at the time that the land was divided to any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of [sections 1 through 38].
Requirement of law no local code required
(4) Instruments of transfer of land that is acquired for state highways may refer by parcel and project number to state highway plans that have been recorded in
compliance with 60-2-209 and are exempted from the surveying and platting requirements of [sections 1 through 38]. If the parcels are not shown on highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
38.750.150.A
(5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o) without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the
covenant.
Authorization of law no local code
required.
Location in Proposed Regulation
Section 27. Adoption and amendment of subdivision regulations. (1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission.
38.750
38.770
(b) An amendment to adopted subdivision regulations may be initiated: 38.770.010
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or
other land use permit or approval.
139
Page 21 of 38
Location in
Proposed Regulation
(2) Prior to making a recommendation to the governing body to adopt or amend
subdivision regulations, the planning commission shall:
38.770
(a) provide public notice and participation in accordance with [section 6]; 38.730
(b) accept, consider, and respond to public comment on the proposed subdivision regulation or amendment to a subdivision regulation. All public comment must be part of the administrative record transmitted to the governing body.
38.770
(c) make a preliminary determination as to whether the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use
plan and zoning regulations, including whether the regulation or amendment:
38.770.020
(i) enables the development of projected needed housing types identified in the land use plan and zoning regulations;
(ii) reflects applicable strategies from the land use plan and zoning regulations to
encourage the development of housing within the jurisdiction;
(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education, and any other local facilities or services for proposed development, as identified in the land use plan and zoning regulations;
(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and institutional enterprises identified in the land use plan and zoning
regulations for economic growth;
(v) protects and maximizes the potential use of natural resources within the area, as identified in the land use plan and zoning regulations;
(vi) contains standards that minimize or avoid impacts to the natural environment within the area, as identified in the land use plan and zoning regulations; and
(vii) contains standards that avoid or minimize dangers associated with natural hazards in the jurisdiction, as identified in the land use plan and zoning regulations; and
(d) preliminarily determine whether the proposed subdivision regulation or amendment to a subdivision regulation results in new or increased potential impacts to
or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessments conducted for the land use plan and zoning regulations.
38.770.020
(3) If the planning commission finds new or increased potential impacts from the proposed regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity,
pursuant to [section 6], to comment on and consider all potential impacts resulting from adoption of the subdivision regulation or amendment to a subdivision regulation.
Statutory procedural requirement no code
required.
140
Page 22 of 38
Location in
Proposed Regulation
(4) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or amendment to a subdivision regulation.
38.770.030
(5) (a) The governing body shall consider each subdivision regulation or amendment to a subdivision regulation that the planning commission recommends to the governing body.
38.770.020
(b) After providing public notice and participation in accordance with [section 6],
the governing body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision regulation or amendment to a subdivision
regulation as proposed by the planning commission.
38.770
(c) The governing body may not adopt or amend a subdivision regulation unless the governing body finds: 38.770.020
(i) the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations; and
(ii) the impacts resulting from development in substantial compliance with the proposed subdivision regulation or amendment to a subdivision regulation have been
made available for public review and comment, which have been fully considered by the governing body.
(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by the governing body, there is a presumption that: 38.730
(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in substantial compliance with the land use plan and zoning regulations; and
(b) the public has been provided a meaningful opportunity to participate.
Location in Proposed
Regulation
Section 28. Contents of local subdivision regulations. (1) The subdivision regulations adopted under [sections 25 through 34] are limited to the following requirements:
(a) the date the regulations initially become effective under [sections 1 through 38] and the effective dates and the ordinance numbers for all subsequent amendments; Adopting ordinance 2151
(b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference or may be based on the information and analysis contained
in the land use plan and zoning regulations, including:
38.400,
38.410,
141
Page 23 of 38
Location in
Proposed Regulation
38.420
38.540
Article 6
(i) standards for grading and erosion control; 38.410.080
Chapter 40
(ii) standards for the design and arrangement of lots, streets, and roads; 38.400
38.410.020-
040
(iii) standards for the location and installation of public utilities, including water supply and sewage and solid waste disposal; 38.410.070 38.410.050
(iv) standards for the provision of other public improvements; and 38.410
38.780
(v) legal and physical access to all lots; 38.410.090
(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement that the subdivider: 38.410.110 38.710.030 38.710.050
(i) reserve all or a portion of the appropriation water rights owned by the owner of
the subject property, transfer the water rights to a single entity for use by landowners within the subdivision who have a legal right to the water, and reserve and sever any remaining surface water rights from the land;
(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is administered through a single entity and that specifies administration and the rights and responsibilities of
landowners within the subdivision who have a legal right and access to the water; or
(iii) reserve and sever all surface water rights from the land;
(d) except as provided in subsection (2), a requirement that the subdivider establish ditch easements that: 38.310.010 38.410.060
(i) are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right
on the subdivision lots;
142
Page 24 of 38
Location in
Proposed Regulation
(ii) unless otherwise provided for under a separate written agreement or filed easement, provide for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;
(iii) are a sufficient distance from the centerline of the ditch to allow for
construction, repair, maintenance, and inspection of the ditch; and
(iv) prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner;
(e) criteria that the planning administrator must use to determine whether a proposed method of disposition using the exemptions provided in [sections 1 through 38] is an attempt to evade the requirements of [sections 1 through 38];
38.750.150
(f) a list of the materials that must be included in order for the application to be determined complete; 38.710.020-060
(g) subject to subsection (4), identification of circumstances or conditions that may necessitate the denial of any or specific types of development, such as unmitigable
natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services;
38.100.050 38.100.080
38.410 38.410 Article 6
(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal government that the local government must seek input from during review of an application and for what information or analysis; or
38.750.070
(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a combination of both for parks and recreation purposes, not to exceed 0.03
acres per dwelling unit.
38.420.020
(2) A land donation under this section may be inside or outside of the subdivision. 38.420.050 38.420.090
(3) The regulations may not require ditch easements if: 38.410.060
(a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated land that the lots may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or
(b) the water rights are removed or the process has been initiated to remove the water rights from the subdivided land through an appropriate legal or administrative
process and the removal or intended removal is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
143
Page 25 of 38
Location in
Proposed Regulation
(4) (a) The regulations must prohibit development in circumstances or conditions identified in subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the subdivision regulations.
38.750.090
(b) Approved construction techniques or other mitigation measures described in subsection (4)(a) may not include building regulations as defined in 50-60-101 other
than those identified by the department of labor and industry as provided in 50-60-901.
Not code
(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the local government shall provide a copy of the application and
preliminary plat to the school district.
Not applicable to Bozeman
(6) (a) A park dedication may not be required for: 38.420.020
(i) land proposed for subdivision into parcels larger than 5 acres;
(ii) subdivision into parcels that are all nonresidential;
(iii) a subdivision in which parcels are not created, except when that subdivision provides multiple permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or
(iv) a subdivision in which only one additional parcel is created.
(b) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in
subsection (6)(a) to a school district to be used for school facilities or buildings.
38.420.100
Location in Proposed Regulation
Section 29. Local review procedure for divisions of land. (1) An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a
written request for a preapplication review from the subdivider.
38.750.050
(2) On receipt of an application for an exemption from subdivision review under [section 26] that contains all materials and information required by the governing body under subsection (5), the local government:
38.750.150
(a) shall approve or deny the application within 20 business days;
144
Page 26 of 38
Location in
Proposed Regulation
(b) may not impose conditions on the approval of an exemption from subdivision review except for conditions necessary to ensure compliance with the survey requirements of [section 33(1)]; and
(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or
stamped certificate signed by the surveyor on the certificate of survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of
survey in which the surveyor has a financial or personal interest.
(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for annexation into the city, the application and preliminary plat must be submitted to and approved by the city.
38.100.090
(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an unincorporated area, the application and preliminary plat must be
submitted to and approved by the county.
Not applicable
(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
Not applicable, Bozeman’s review is only within the city.
(d) If the proposed subdivision lies partly within an incorporated city, the application and preliminary plat must be submitted to and approved by both the city
and the county governing bodies.
38.100.090
(4) A subdivision application is considered received on the date the application is delivered to the reviewing agent or agency if accompanied by the review fee. 38.750.070
(5) (a) The planning administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations.
38.750.020
(b) The planning administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the application under subsection (5)(a).
38.750.070
(c) A determination that an application contains sufficient information for review as
provided in subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the planning administrator to request additional information during the review process.
38.750.070
(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each phase, and the timeline for the proposed phases.
38.710.040 38.750.080 38.750.100
145
Page 27 of 38
Location in
Proposed Regulation
(7) (a) If an application proposes a subdivision of a site that, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations and all impacts resulting from the development were previously analyzed and made available for public review and comment prior to the adoption of the land use plan, zoning regulations, and subdivision regulations, or
any amendment thereto, the planning administrator shall issue a written decision to approve, approve with conditions, or deny the preliminary plat.
38.750.090
(b) The application is not subject to any further public review or comment, except
as provided in [section 37].
(c) The decision by the planning administrator must be made no later than 15 business days from the date the application is considered complete.
(8) (a) If an application proposes subdivision of a site that, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations but may result in new or significantly increased
potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning regulations, or subdivision regulations, or any
amendments thereto, the planning administrator shall proceed as follows:
38.750.090
(i) request the applicant to collect additional data and perform additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the impacts identified in this subsection (8)(a);
(ii) collect additional data or perform additional analysis that the planning administrator determines is necessary to provide the local government and the public
with the opportunity to comment on and consider the impacts identified in this subsection (8)(a); and
(iii) provide notice of a written comment period of 15 business days during which the public must have a reasonable opportunity to participate in the consideration of the impacts identified in this subsection (8)(a).
38.730
(b) Any additional analysis or public comment on the proposed development is limited to only new or significantly increased potential impacts resulting from the proposed development to the extent that the impact was not previously identified in the
consideration and adoption of the land use plan, zoning regulations, subdivision regulations, or any amendments thereto.
38.750.080
(9) Within 30 business days of the end of the written comment period provided in subsection (8)(a)(iii), the planning administrator shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application.
38.750.090
(10) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is based on the administrative record as a whole and a finding that the proposed subdivision:
38.750.090
(a) meets the requirements and standards of [sections 1 through 38];
146
Page 28 of 38
Location in
Proposed Regulation
(b) meets the survey requirements provided in [section 33(1)];
(c) provides the necessary easements within and to the proposed subdivision for
the location and installation of any planned utilities; and
(d) provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
(11) (a) The written decision must identify each finding required in subsection (10) that supports the decision to approve, conditionally approve, or deny a proposed
preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved.
38.750.090
(b) The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, a local government may not unreasonably restrict a landowner's ability to develop land. However, in some instances, the local government may determine that the impacts of a proposed
development are unmitigable and preclude approval of the subdivision.
38.700.010
(12) The written decision to approve, conditionally approve, or deny a proposed subdivision must: Not code but a standard for findings and process
(a) be provided to the applicant;
(b) be made available to the public;
(c) include information regarding the appeal process; and
(d) state the timeframe the approval is in effect.
(13) The planning administrator's decision is final, and no further action may be taken except as provided in [section 37]. 38.750.040
(14) Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots must undergo consideration and approval
of an amended plat following the requirements of this section.
147
Page 29 of 38
Location in
Proposed Regulation
Section 30. Effect of preliminary plat approval. (1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.
38.750.100
(b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement. 38.750.100
(c) On receipt of a request for an extension, the planning administrator shall determine whether the preliminary plat remains in substantial compliance with the
zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be
granted.
38.750.100
(d) After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period.
38.100.070 38.750.090
(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body. 38.750.100
(2) An approved or conditionally approved phased preliminary plat must be in effect
for 20 calendar years.
38.750.100
Location in Proposed Regulation
Section 31. Local review procedure for final plats. (1) The following must be submitted with a final plat application:
(a) information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat; 38.710.060
(b) a plat that meets the survey requirements provided in [section 33(1)]; and 38.750.120
(c) confirmation the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. 38.750.120
(2) The final plat may be required to be reviewed for errors and omissions in
calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor has a financial or personal interest.
Optional for
Clerk and Recorder – Not a City Official
(3) A final plat application is considered received on the date the application is delivered to the governing body or the agent or agency designated by the governing
body if accompanied by the review fee.
38.750.120
148
Page 30 of 38
Location in
Proposed Regulation
(4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine whether the final plat contains the information required under subsection (1) and shall notify the subdivider in writing.
38.750.120
(b) If the planning administrator determines that the final plat does not contain the information required under subsection (1), the planning administrator shall identify the final plat's defects in the notification.
38.750.120
(c) The planning administrator may review subsequent submissions of the final plat
only for information found to be deficient during the original review of the final plat under subsection (4)(a).
38.750.120
(d) A determination that the application for a final plat contains sufficient information for review as provided in subsection (4)(a) does not ensure approval of the final plat and does not limit the ability of the planning administrator to request additional information during the review process.
38.750.120
(5) Once a determination is made under subsection (4) that the final plat contains the information required under subsection (1), the governing body shall review and
approve or deny the final plat within 20 business days.
38.750.120
(6) The subdivider or the subdivider's agent and the governing body or its reviewing agent or agency may mutually agree to extend the review periods provided for in this section.
38.750.120
(7) (a) For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply for final plat of any one or more phases following the process set forth in subsections (1) through (6).
38.750.100
(b) After 5 years have elapsed since approval of a phased preliminary plat, the planning administrator shall review each remaining phase to determine if a phase may
result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the planning administrator identifies any new or significantly increased potential impacts not previously identified and considered, the planning administrator shall proceed as set forth in [section 29(8)].
38.750.080
(c) If necessary to mitigate impacts identified in subsection (7)(b), the planning
administrator may impose conditions on any phase before final plat approval is sought.
Location in Proposed Regulation
Section 32. Filing and recordation of plats and certificates of survey. (1) (a) Except as provided in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and recorder before title to the land may be sold or
38.750.010
149
Page 31 of 38
transferred in any manner. The clerk and recorder of the county may not accept
any final plat or certificate of survey for record that has not been approved in accordance with [sections 25 through 34] unless the final plat or certificate of survey is
located in an area over which the state does not have jurisdiction.
(b) After the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract conditions are imposed and met:
Applicable without code – Not city action
(i) the purchasers of lots in the proposed subdivision make payments to an
escrow agent, which must be a bank or savings and loan association chartered to do business in the state of Montana;
(ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder;
(iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under
the contract;
(iv) the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent; and
(v) the following language is conspicuously set out in each contract: "The real property that is the subject of this contract has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property may not be transferred in any manner".
(2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer has certified that all real property taxes and special assessments
assessed and levied on the land to be divided have been paid.
38.750.120 38.750.140.H
38.750.150
(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made.
Applicable without code – not city action
(ii) The county treasurer may accept the amount of the tax prorated pursuant to
this subsection (2)(b) as a partial payment of the total tax that is due.
Applicable
without code – not city action
(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision plats and certificates of survey. Applicable without code – not city action
(b) The index must list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and must list the recording or filing numbers of all plats or certificates of survey depicting lands lying
150
Page 32 of 38
within each quarter section. Each quarter section list must be definitive to the exclusion
of all other quarter sections. The index must also list the names of all subdivision plats in alphabetical order and the place where filed.
(4) The recording of any plat made in compliance with the provisions of [sections 1 through 38] must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be
received in evidence in all courts of this state.
Applicable without code – not city action
(5) (a) Any plat prepared and recorded as provided in [sections 25 through 34] may be vacated either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502, shall take into
consideration:
38.750.030
(i) the previous platting;
(ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed;
(iii) the reasons stated in the petition requesting the vacation;
(iv) the parties requesting the vacation; and
(v) any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
(b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at
the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.
Location in Proposed Regulation
Section 33. Survey requirements. (1) Divisions of land under [sections 1 through 38] must follow the uniform standards governing monumentation, certificates of survey,
and subdivision plats prescribed and adopted by the board of professional engineers and professional land surveyors.
38.750.120
38.750.140
Most of this section is duty of surveyor.
(2) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey
151
Page 33 of 38
Location in
Proposed Regulation
corners must be filed in accordance with Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with [sections 25 through 34] and regulations
adopted pursuant to [sections 25 through 34].
(3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of subsection (8).
(4) Except as provided in 70-22-105, within 180 days of the completion of a survey, the professional land surveyor responsible for the survey, whether the surveyor
is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:
(a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;
(b) reveals a material discrepancy in the map;
(c) discloses evidence to suggest alternate locations of lines or points; or
(d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.
(5) A certificate of survey is not required for any survey that is made by the United
States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of [sections 1 through 38].
(6) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.
(7) (a) A registered land surveyor may administer and certify oaths when:
(i) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;
(ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated; or
(iii) the importance of the survey makes it desirable to administer an oath to the
surveyor's assistants for the faithful performance of their duty.
152
Page 34 of 38
Location in
Proposed Regulation
(b) A record of oaths must be preserved as part of the field notes of the survey
and noted on the certificate of survey filed under subsection (4).
(8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than one section shall note on the survey the acreage of the farm unit or created
parcel in each section.
(ii) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey.
(b) The requirements of subsection (8)(a) apply only to surveys for which the
surveyor determines that, based on available public records, the survey involves land:
(i) traversed by a canal or ditch owned by an irrigation district; or
(ii) included in an irrigation district.
Location in Proposed Regulation
Section 34. Public improvements and extension of capital facilities. (1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall require the
subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.
38.780
(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within
a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements. Failure of the local government to require the renewal of a bond does not waive the subdivider's responsibility to complete the required improvements prior to the approval of the final plat.
38.780.060
(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a)(i), the
governing body may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or other method of completing the necessary improvements to serve the development as set forth in the preliminary plat approval.
153
Page 35 of 38
Location in
Proposed Regulation
(b) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for the purposes of 2-9-111.
Not code
(c) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding, other reasonable security, or entering into a subdivision
improvements agreement for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.
38.780.060
(2) (a) A local government may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider
to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.
38.780.070
(b) All fees, costs, or other money paid by a subdivider under this subsection (2)
must be expended on the capital facilities for which the payments were required.
Location in Proposed Regulation
Section 35. Variances. (1) All land use regulations must include a process for the submission and review of variances. 38.710.150 38.760.010
38.760.060
(2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards.
(3) Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval.
(4) The granting of a variance must meet all of the following criteria:
(a) the variance is not detrimental to public health, safety or general welfare;
(b) the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
(c) strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that
is not self-imposed;
(d) the variance may not cause a substantial increase in public costs; and
154
Page 36 of 38
Location in
Proposed Regulation
(e) the variance may not place the property in nonconformance with any other
regulations.
(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5. 38.760.060
(6) Variance requests must be reviewed and determined by the planning administrator. The planning administrator's decision is final and no further action may be taken except as provided in [section 37].
38.700.010
38.760.030
Public
Document Location
Section 36. Fees. The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to [sections 1 through 38] to defray the expense of performing the review.
38.700.140
Public Document
Location
Section 37. Appeals. (1) Appeals of any final decisions made pursuant to [sections 1 through 38] must be made in accordance with this section. 38.710.140 38.710.150 38.760.010 38.760.030
(2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the district court within 30 days of the date of the
resolution or ordinance adopted by the governing body.
(3) (a) Any final administrative land use decision, including but not limited to approval or denial of a zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map may be appealed by the applicant or any aggrieved person to the planning commission.
(b) An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for
appeal that the party may raise in district court.
(c) The planning commission shall hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must
155
Page 37 of 38
Public
Document Location
be limited to the issues raised on appeal. The appellant has the burden of proving that
the appealed decision was made in error.
(e) A decision of the planning commission on appeal takes effect on the date when the planning commission issues a written decision.
(4) (a) Any final land use decision by the planning commission may be appealed by the applicant, planning administrator, or any aggrieved person to the governing body.
(b) An appeal under subsection (4)(a) must be submitted in writing within 15
business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) The governing body shall hear the appeal de novo. The governing body is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.
(d) A decision of the governing body on appeal takes effect on the date when the governing body issues a written decision.
(5) (a) No person may challenge in district court a land use decision until that
person has exhausted the person's administrative appeal process as provided in this section.
(b) Any final land use decision of the governing body may be challenged by presenting a petition setting forth the grounds for review of a final land use decision with the district court within 30 calendar days after the written decision is issued.
(c) A challenge in district court to a final land use decision of the governing body is limited to the issues raised by the challenger on administrative appeal.
(6) Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being
challenged is arbitrary, capricious, or unlawful.
(7) Nothing in [sections 1 through 38] is subject to any provision of Title 2, chapter 4. [Administrative Procedures Act]
Public Document Location
Section 38. Enforcement and penalties. (1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of [sections 1 through 38] or of any ordinances adopted under the authority of [sections 1 through 38].
38.700.160
156
Page 38 of 38
Public
Document Location
(2) Prior to seeking civil penalties against a property owner, a local government
shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;
(b) a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain.
(3) A local government may, in addition to other remedies provided by law, seek:
(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use,
occupancy, or act; or
(c) criminal prosecution for violation of any of the provisions of [sections 1 through 38] or of any ordinances adopted under the authority of [sections 1 through 38]
as a misdemeanor punishable by a fine not to exceed $500 per day for each violation.
(4) In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees.
Section 42. Applicability. [This act] applies to local governments that currently meet the
population thresholds in [section 5].
Latest Version of SB 382 (SB0382.004) Processed for the Web on May 2, 2023 (10:30AM)
Prepared by Montana Legislative Services (406) 444-3064
157
Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
Bozeman implements land use planning, subdivision, and zoning as authorized by the State of
Montana. The City adopted zoning in 1934 and adopted its first community master plan in
1958. The City has entirely replaced zoning and subdivision regulations 20 times since initial
adoption. The City again is repealing and readopting the entire zoning regulations and map as
well as its subdivision regulations.
The 2023 Legislature adopted Senate Bill 382, the Montana Land Use Planning Act (the Act)
which took effect immediately upon signing on May 17, 2023. The Act has not yet been codified
so we cannot yet refer to standard statutory citations. Some communities within large counties
must follow the Act and others may choose to. Bozeman is required to follow the Act in its
planning, subdivision, and zoning activities. This agenda item is an overview of the bill and
impacts that will affect the replacement of the Unified Development Code. This will create
many implications for development review practices. Bozeman already uses many of the
required practices as part of its daily activities, but some changes are needed to fully
implement the bill.
1. Per Section 5, paragraph 4, of the Act, Bozeman is no longer subject to Title 76, chapters 1,
2, 3, or 8 MCA once we have adopted regulations in compliance with the Act. This means
the Act has replaced all the governing laws Bozeman has used in the past to establish the
composition, roles, and characteristics of the planning board and growth policy. Such as the
Montana Subdivision and Platting Act and zoning enabling acts. These older statutes have
been in place for at least 50 years, were not well coordinated at the state level, and created
a lot of overlapping review and work for all participants. The intention of the Act is to
coordinate planning and development review actions to prevent duplicative processes and
provide a more seamless review process.
The Act changes the duties of the Community Development Board, removes requirements
for the Community Development Board to consider any subdivision reviews, limits
governing body reviews to only final subdivision plats, removes the existing criteria and
protest provisions for zoning adoption and amendments, changes notice and public
engagement requirements, and other changes.
An additional consequence is various bills in the 2023 Legislature that amend Title 76,
chapters 1, 2, 3, or 8 MCA subdivision and planning enabling legislation do not apply to
Bozeman once SB 382 implementing regulations are adopted. Some elements of those bills
have been included in Senate Bill 382. As the City is required to implement SB 382 there is
some overlap between the different legislation but only to the extent that SB 382 governs.
2. Public participation. Bozeman has a strong culture of public engagement. The City has
established the Engage Bozeman website as an overall engagement portal for large City
projects. Section 6 describes the requirements for public engagement. The methods and
timing of outreach needs to be identified in a public participation plan at the beginning of a
process and can vary by community and subject. This is a much more extensive requirement
than is in the prior enabling acts.
158
Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
The Act places substantial emphasis on the public engaging early and often during the
planning process and creation of regulations. Public outreach needs to be an on-going
process during development of plans and regulations. Not all activities require the same
degree of outreach. The exact nature of outreach needs to be the subject of a public
participation plan at the beginning of a process and can vary by community and subject.
The Act requires early identification and evaluation of the impacts of development and
public engagement at the beginning of a review or plan development. Once an issue has
been raised and evaluated then the issue considered settled. Any subsequent application
relying on those findings and conclusions are not subject to further public comment but are
subject to any regulations based on those earlier findings and conclusions.
If an application has impacts greater than expected with the land use and issue plans, notice
is limited to only those impacts and public comment is only received in writing; there are
not public hearings for subdivisions or zoning projects. Sections 22 and 29 describe the
limitations.
3. Land Use and Issue Plans. The Act requires preparation of a Land Use Plan. This replaces the
term growth policy. There are many similarities between the two types of documents. A
Land Use Plan has more detailed content to be addressed. See Section 7, 9-14, and 17 of the
Act for the detailed contents. Section 15 authorizes area plans. These are the same as
neighborhood plans like the Downtown plan and allows more localized analysis. Bozeman’s
planning practice has followed the more detailed approach required in the new statute.
Section 16 authorizes a community to adopt Issue Plans. An issue plan is a separate
document that analyzes a specific subject within the scope of a Land Use Plan and can
provide the needed information for statutory compliance. The City has many of these types
of plans now such as the transportation and sewer facility plans. Those plans continue
forward as currently established. See page 19 of the Bozeman Community Plan 2020 for a
list of these plans and other documents.
As the existing growth policy and facility plans are updated, they will be reviewed and
adopted consistent with the requirements of the Act. One change in this process by the Act
is that the Planning Commission (Community Development Board) has a responsibility to
review all Issue Plans and make a recommendation to the City Commission regarding their
adoption and consistency with the Land Use Plan. The Community Development Board
recently performed this function for the PRAT plan.
4. Encourage development of housing. Housing availability and cost is a nationwide challenge.
Bozeman has been active for many years in working to support construction of all housing
and especially housing at lower cost ranges. Some communities have not materially
updated their development standards for many decades. Section 19 of the Act requires a
local government subject to the Act to include at least five strategies applicable to a
159
Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
majority of the jurisdictional area where residential development is permitted. Staff will
provide an analysis with the UDC update identifying which of the strategies have been
selected and to which percentage of the area they apply. Many of the alternatives, like
accessory dwellings, are things that Bozeman has been doing for years. Some options are
issues actively under development as part of the UDC update prior to passage of SB 382.
5. Amendment process changes. The former enabling acts had specific criteria for
amendments to zoning and subdivision regulations that the public and decision makers
have seen many times in staff reports. The zoning criteria were referred to as the Lowe
criteria after a notable court case. None of those criteria carried forward into the Act. New
criteria have been established for zoning and subdivision regulations. These criteria will be
the standards against which the UDC replacement will be evaluated for all future
amendments as well to regulations or zoning map. Sections 21 and 27 contain these
requirements. The law also changes who may initiate amendments.
One key change in the zoning amendment process is that there is no protest provision. The
prior protest provisions gave some members of the community more influence on land use
decisions than others. With removal of the protest provision all input carries the same
weight and must be considered solely on the merits of the information presented. All
decisions to approve or deny any amendment will be a simple majority of the City
Commission.
Public notice and comment during the amendment process is limited only to those areas
not previously settled with adoption of a Land Use Plan or Issue Plan. If the amendment is
consistent with the analysis and conclusions of the earlier documents it is not a proper
subject for public notice or comment per the Act.
6. Development review processes. SB 382 changes development processes so that both
subdivision and zoning site specific reviews are required to be administrative decisions with
no advisory board participation. The planning commission’s role will be limited to the initial
adoption and amendments to the land use plan and development regulations with final
decision by city commission. As noted in item 2 above, public notice for both subdivision
and zoning applications are restricted by the bill. Sections 22 and 29 describe the
limitations.
The City Commission will still be the body that approves final plats. The City Commission
recently approved amendments to Chapter 2, BMC that allows the City Manager to accept
and grant easements. This has simplified review processes.
The Act requires that a Land Use Plan include a future land use map for areas where growth
outside of the City is expected. The Bozeman Community Plan 2020 already has this map.
Zoning to implement the future land use map is required even though it may not be in
effect until annexation is completed. The draft regulations are expected to include
designated districts that will be applicable upon annexation without further action to
160
Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
amend the zoning map. This action will substantially speed up the process of annexing
property and will provide greater predictability to all. If an applicant wishes a different
zoning district they can apply for a different district in conjunction with the annexation
application.
7. Variances. The required criteria and process for variances, both subdivision and zoning,
have been completely replaced and are now the same for both processes. Floodplains
continue to have some criteria unique to them. A board of adjustment is no longer allowed
to consider variances. All variances are now administrative reviews subject to the standard
appeal processes. Variances do not require public hearings and may or may not require
public notices depending on whether it is determined that the variance is within the
impacts identified with prior planning work.
Variances are still subject to high scrutiny and criteria to ensure they are only used
appropriately. The standards and procedures for variances in the Act do not affect the
deviation and departure processes that are uniquely Bozeman creations and are adopted
for different reasons than variances.
8. Appeals. State law now provides a more complete process description for review of appeals.
The board of adjustment is abandoned and no longer hears appeals. Appeals now have two
administrative steps from the planning administrator (Director of Community Development)
to the Planning Commission, and from the Planning Commission to the City Commission. As
with current law, appeals from the City Commission go to District Court.
161
1935 1991197319601941
1938 1954 1966 1984 1992 2002
2000 2003 2018
2005
2023?
Creation of
Unified
Code
Initial
Adoption of
Zoning
Zoning Code Creation and Replacement Summary
xxxxYear the Zoning Code was adopted or readopted in entirety with changes.
Interim ordinances or subdivision only ordinances not included.
162
Report to: Community Development Board
From: Historic Preservation Advisory Board
Subject: Recommendations to the Repeal and Replacement of the Unified
Development Code, Application 21381
Meeting Date: October 2, 2023
On August 16, 2023, the Board heard an overview and general summary presentation describing
the code replacement project. This meeting provided a general overview and direction on the
document to provide lead time prior to discussion and recommendation on the draft text. Many
areas of the new Chapter 38 are outside of the scope of responsibilities of the Historic Preservation
Board.
On September 12, 2023, the Board reviewed and considered the draft replacement regarding
historic preservation related items and the standards of the NCOD boundary. A video recording of
the presentation and discussion is available for review.
The Board reviewed the following sections of the code as it relates to historic preservation:
Deviations 38.760.040: Administrative review for deviations
The board made a motion 4-2 to recommend approval of the text as written. Concerns included not
having enough information on procedures on historic preservation related items. It is expected that
historic preservation related procedures will be part of the preservation policy and local landmark
program that will begin with a consultant starting in October 2023.
Zoning District Density: Minimum density (38.210); Exceptions for some infill existing parcels
(38.260.030); Restriction on demolishing multiple homes and creating fewer with new construction
(38.260.030)
The board made a motion 4-2 to recommend approval of the text as written. Concerns included
how density can impact trees and green space on properties.
Accessory Dwellings 38.320.120.B: Allowed size increase and occupancy cap removed.
The board made a motion 6-0 to recommend approval of the text as written. The board would like
to have clarified wording on the allowable size that the livable space cannot exceed 1000 square
163
Page 2 of 2
feet. There was also discussion around allowing existing garages to be converted within the NCOD
without requiring additional parking to provide more housing.
District Consolidation 38.210.060: RS, R1, R2, R3 merged to RA
The board made a motion 4-2 to recommend approval of the text as written. The board is in
support of the wall plate height but would want to make sure that it applies to all street facing
façade. They would also like to see a wall plate height feature in the RB zone district or if a historic
district is within RB, it has a wall plate height standard.
The board would like to put on the record that there should be a consideration for a historic specific
zoning district, but they understand this was not part of the purview of the UDC work and rather
with the historic preservation policy and local landmark program work.
NCOD Boundary revision in the Midtown Urban Renewal District
The board unanimously denied (0-6) the motion to revise the NCOD boundary along the Midtown
Urban Renewal District. There comments were that work on the preservation policy and local
landmark program needs to be done before largely looking at changes to the NCOD.
Creation of B-3C District
The board unanimously (6-0) approved the motion for the creation of a B-3C zone district.
Zone edge transitions 38.260.070:
The board unanimously denied (0-6) the text as written. The board made note that the zone edge
transitions section could use work as there are many concerns around how it is written and how it
can impact historic districts and individually listed historic landmarks. There are historic districts
within higher intensity residential zone districts (i.e. Cooper Park Historic District in RB zone
district) and commercial zone districts (I.e. Cooper Park Historic District in B-2M zone district; Bon
Ton Historic District and South Tracy/South Black Historic District in B-3 zone district). They
recommend there be additional parameters around zone edge transition for these sites. They also
recommend there should be a transition between RA and RB due to the amount of zone districts
that are consolidated and the difference between RA and RB.
The board does know that this will be something that could be addressed with the preservation
policy and local landmark program, but as the text is written, they find it to be weak and could use
more review.
164
Transportation Board Recommendation
On Wednesday, September 27, 2023, the Transportation Advisory Board considered elements
of the proposed Unified Development Code that pertain to their areas of responsibility. The
Board unanimously recommended approval of the following. A video recording [External link]
of the meeting is available through the City’s website. Discussion begins at 25:20 minutes into
the recording.
o 38.400.060.B.3 (pages 4-7 to 4-9) which sets the standards for mitigation of
transportation impacts. This includes a change to level of service from C to D, change in
design year of traffic analysis, and establishes standards for local streets and flow for the
first time.
o 38.400.100 (page 4-14) replacing the standards and graphics for street vision triangles
which provide for adequate site distance to avoid crashes.
o 38.530.040 (pages 5-39 to 5-44) consolidates non-residential parking types, simplifies
calculation with consistent baseline, reduces the number of parking spaces required
with new development. Non-residential parking is substantially changed with some
areas not required to provide parking at all, parking standards being simplified and
generally reduced and alternative compliance means removed. Residential parking was
modified in fall of 2022, so it has little change at this time.
o 38.530050 and 060 (pages 5-44 to 5-45) additional flexibility of off-site location and
sharing of parking spaces increased.
o 38.530.070 (pages 5-45 to 5-48) bicycle parking is elevated to a full section, revised to
address both short and long-term storage, no longer dependent on vehicle parking to
establish the number required, and standards updated.
o 38.710.050.A.11 (pages 7-23 to 7-27) which replaces the information required to be
provided by a developer regarding transportation capacity, impacts, and mitigation of
development.
165
Bozeman Economic Vitality Board Recommendation
On October 4, 2023 the Bozeman Economic Vitality Board considered specific elements of the Repeal
and Replacements of the Unified Development Code. There was no public comment.
In conclusion the board moved as recommended and amended the main motion to include, “request
that the Community Development Board consider ways to incorporate R-C (higher density zones) in
close proximity to manufacturing, business, and PLI districts.” The motion passed (5:1). Further, the
Board voted unanimously (6:0) to recommend approval of the amended main motion. A video recording
[External Link] of the meeting is available through the City’s website.
o Support for density - This issue appears in many locations and with many actions. Key elements
include 38.210.020 consolidation of residential zoning districts, 38.210.020 amendment of
standards to remove minimum lot area requirements, 38.210.020 increased minimum density
requirements for residential districts, and Table 38.530.040-4 reduces non-residential parking
requirements.
o Relaxed residential use and support for density in commercial zoning districts - This issue
appears in many locations and with many actions. Key elements include 38.220.020-050
amendments of standards to increase building footprint and/or height, and 38.300.020 relaxed
residential uses in commercial districts.
o Relaxed residential use and support for density in industrial zoning districts - This issue appears
in many locations and with many actions. Key elements include 38.230.020 vertical massing, lot
size, and setbacks, and 38.300.020 more permissible residential uses.
o Local service commercial - Density support also facilitates viable local services within walkable
distance, and 38.540.040.B allows an amount of commercial in mixed use districts to have no
parking requirement.
o Parking -Table 38.530.040-4 reduces non-residential parking requirements, 38.540.040.A sets
parking requirements in areas with common funding and management capability to zero, and
simplifies all parking provisions. Non-residential parking – simplified, mixed uses given more
flexibility – Section 38.530.040 and added areas that do not require minimum parking, removal
of parking alternatives – Section 38.530.040.
o Administrative decision maker assigned to all site development including preliminary plats
(required by the Act). - Section 38.700.010.
o Noticing of individual site development projects reduced to comply with the Act; noticing for
text and map amendments increases. - Division 38.730.
o Review of individual site development or subdivision no longer includes advisory body input
(required by the Act). Divisions 38.740 and 38.750.
166
Page 1 of 9 Updated Sept 29, 2023
Chronological Order of Group Engagement Events – Chapter 38 Replacement
The update and replacement of the Unified Development Code kicked off in July 2022. The
project implements several adopted community planning documents and revisions to state
law. Building on the extensive engagement with the planning documents, the UDC
replacement process included many public connection methods to share and receive
information. All board and commission meetings are individually noticed online, posted, and
otherwise published. Minutes and recordings, where available, for meetings are linked. Not
individually listed are the many updates to the project website, social media posts, email
distributions, and other tools.
8/11/2022 Engage Bozeman website for project goes live
Website provides summary of actions, engagement opportunities and outcomes, tool for
comment submittal, and other functions continuously throughout the project.
- https://engage.bozeman.net/udc
9/12/2022 Designers & Architects Stakeholder Group #1 (Designers - 8)
Project introduction, identification of existing concerns, identification of what works now.
9/12/2022 Community Development Board Work Session #1
Discussion of project overall approach, outreach, formatting. Meeting minutes [External Link
PDF], meeting video beginning at 56:04 [External Link Video].
9/13/2022 Real Estate Developers Stakeholder Meeting #2 (Producers – 8)
Project introduction, identification of existing concerns, identification of what works now.
9/13/2022 City Commission Work Session #1
Formatting and layout recommendations and direction. Meeting minutes [External Link PDF],
meeting video beginning at 1:49:24 [External Link Video] – Formatting and layout
recommendations and direction
10/13/2022 Inter-Neighborhood Council Meeting #1
Present overview of project, introduce public outreach tool of brochures technique and receive
input on issues. Attendees not listed. Memorandum [External Link PDF] for meeting. Meeting
minutes [External Link PDF].
10/14/2022 Downtown Bozeman Intercept
Set up engagement station at the parklet (Black St. and Babcock Ave.) for discussion with the
public about a variety of brochure topics.
10/14/2022 Regional Park Intercept (Gallatin County Regional Park)
Engaged with the general public to discuss overview of project and answer questions at the
trailhead.
167
Page 2 of 9 Updated Sept 29, 2023
10/15/2022 Bozeman Fall MADE Fair
At Brick Breeden Field House, MSU to speak with students and residents about various topics
and handed out multiple brochures.
10/15/2022 Langohr Gardens Intercept
Set up mobile engagement station at Langohr Gardens to discuss a variety of topics including
urban agriculture, height limits, and strategic development around the city.
10/15/2022 Peets Hill/Burke Park Intercept
Set up an engagement station at the base of Peet’s Hill discussing various topics with local
residents.
10/17/2022 NENA Meeting
Focus on NEHNU and code usability. 8 persons attended.
10/18/2022 Design Professionals call (with City staff)
General discussion of proposed changes to UDC. 42 persons attended
10/18/2022 City Commission Work Session #2
Residential districts recommendations and direction. Meeting minutes [External Link PDF],
meeting video beginning at 2:30:23 [External Link Video].
10/24/2022 Intercept Activities by Interboro
In person outreach at sites across the City.
10/27/2022 Code Connect #1
Public e-meeting to present summary of Commission direction on residential districts and have
public question and answer. Public e-meeting [External Link].
11/7/2022 Community Development Board Work Session #2
Presentation on work done to date. Residential districts. Meeting minutes [External Link PDF],
meeting video beginning at 2:46:10 [External Link Video].
11/15/2022 City Commission Work Session #3
Sustainability recommendations and direction. Meeting minutes [External Link PDF], meeting
video beginning at 3:11:40 [External Link Video].
11/19/2022 Winter Farmers Market
Booth at Gallatin County Fairgrounds for intercept activity public outreach.
11/7/2022 Community Development Board Work Session #3
Presentation on work done to date. Meeting minutes [External Link PDF], meeting video
beginning at 2:46:08 [External video link].
168
Page 3 of 9 Updated Sept 29, 2023
11/17/2022 Bridger CreekLands Association of Neighbors
First annual meeting of association included the UDC update as an agenda item.
11/30/2022 Stakeholder Engagement Course
MSU Professor Dr. Sarah Church hosted a UDC public engagement team with MSU students.
12/1/2022 Code Connect #2
Public e-meeting to present summary of Commission direction on sustainability and have public
question and answer. Public e-meeting [External Link].
12/3/2022 Christmas Stroll Intercept
Engagement station set up in Downtown Bozeman to discuss various topics at this popular
event.
12/14/2022 Sustainability Board Meeting/Work Session
Discussion of Commission direction on sustainability, EV charging, and urban agriculture.
Meeting minutes [External Link PDF], meeting video under I.1. [External Link Video]
12/15/2022 University Neighborhood Association
Winter meeting of association included the UDC update as an agenda item.
1/9/2023 Community Development Board Work Session #4
Residential District recommendations, direction from Commission, and further refinement.
Meeting minutes [External Link, PDF]. Meeting video beginning at 14:04 [External Link Video].
1/30/2023 Northwestern Energy Stakeholder Meeting
Discussion on adequacy of existing standards, requirements for service and meters and how to
address, EV impacts on site design.
2/1/2023 Economic Vitality Board Work Session
Possible changes to parking requirements. Meeting agenda [External Link PDF], meeting video
G.1.[External Link Video].
2/14/2023 City Commission Work Session #4
Commercial district and transitions. Meeting minutes [External Link, PDF]. Meeting video
beginning at 3:31:30 [External Link Video].
2/15/2023 Historic Preservation Advisory Board (HPAB)
Overview of purpose of the code, the current project, engagement to date, transitions.
Meeting minutes [External Link, PDF], meeting video H.1. [External Link Video].
2/17/2023 Affordable Housing Stakeholder Group Meeting
Overview of UDC related impacts on affordable housing development.
169
Page 4 of 9 Updated Sept 29, 2023
2/21/2023 Design Professionals call (with City staff)
Overview of transitions and commercial districts. 30 persons attended.
2/27/2023 Community Development Board Work Session #5
Discussion on transitions and consolidation/revision/deletion of non-residential and mixed use
districts. Meeting minutes [External Link, PDF]. Meeting video beginning at 08:40
Real Estate Developers Stakeholder Group #2
Follow-up discussion of preliminary code proposals.
2/28/2023 Designers and Architects Stakeholder Group #2
Follow-up discussion of preliminary code proposals.
2/28/2023 City Commission Work Session #5
Discussion and direction on non-residential parking amendments. Meeting minutes [External
Link, PDF]. Meeting video beginning at 2:09:50 [External Link Video].
3/7/2023 Windemere Real Estate
Overview of UDC update and introduction to www.engage.bozeman.net as part of presentation
on overall code. 21 persons attended.
3/8/2023 Code Connect #3
Public e-meeting to present summary of Commission direction on commercial zoning districts
and district transitions and have public question and answer. Public e-meeting [External Link].
3/9/2023 Inter-neighborhood Council #2
Public meeting to present status report on project and summary of Commission direction on all
zoning districts. Meeting agenda [External Link, PDF], meeting video [External Video Link].
3/20/2023 Bozeman Real Estate Developer Round Table
Meeting of 30ish local developers, organized by one of same. Presented on CD structure and
UDC including engage website, timeline, how to get involved.
3/22/2023 Transportation Advisory Board
Discussion of possible changes to Level of Service Standards, Traffic Study requirements, and
UDC update. Meeting minutes [External Link, PDF], meeting video [External Video Link].
3/28/2023 Community Growth & Development Working Group of the Gallatin Watershed
Council
Cameo talk during their regularly scheduled meeting. Plugged engage website, spoke of scope
and timeline.
170
Page 5 of 9 Updated Sept 29, 2023
4/3/2023 Presentation to Gallatin Area Realtors (GAR)
Status of CD, discussion of the UDC project, project status and engagement to date,
opportunities to participate.
4/11/2023 City Commission Work Session #6
Discussion and direction on transportation amendments. Meeting video beginning at 40:29
[External Link Video].
4/13/2023 School District #7 Health Fair (Wilson School Gym)
Presentation and conversation to fair attendants on UDC update project, brochures,
opportunities to engage, and www.engage.bozeman.net.
4/17/2023 Community Development Board Work Session #6 (May be changed to 5)
Discussion on transitions and consolidation/revision/deletion of non-residential and mixed use
districts. Meeting minutes [External Link, PDF]. Meeting video beginning at 3:34:01 [External
Link Video].
4/20/2023 Code Connect #4
Presentation and Q&A with public re parking and transportation. Public e-meeting [External
Link].
4/22/2023 Gallatin Valley Earth Day Event at the Emerson
Intercept activity table with focus on sustainability, Solar Power Generation, Bike Parking, etc.
4/26/2023 Transportation Advisory Board
Discussion of possible changes to non-residential parking. Meeting minutes [External Link, PDF],
meeting video [External Video Link].
5/31/2023 Preservation and Legacy Awards Ceremony Intercept
Intercept activity table to get feedback from the public at the HP & Legacy Awards Ceremony.
4/27/2023 University Neighborhood Association
Presentation on process, residential districts, intercept activity, encouragement to participate.
5/1/2023 Community Development Board Work Session #7
Discussion on parking, residential district metrics (including density and open space), and
strategy for changing B-2 to B-2M. Meeting minutes [External Link, PDF]. Meeting video
beginning at 05:30 [External Video Link].
6/26/2023 Community Development Board Work Session #8
Economics of neighborhood commercial – consideration of uses and densities needed to create
local service effectively. Information in support of the use and district discussions for the UDC
update. Meeting minutes [External Link, PDF]. Meeting video beginning at 1:31:42 [External
Video Link].
171
Page 6 of 9 Updated Sept 29, 2023
7/3/2023 Community Development Board Work Session #9
Review and recommendation to the City Commission on the Park Recreation and Active
Transportation Plan replacing Park Recreation Open Space and trail Plan. Meeting minutes
[External Link, PDF]. Meeting video beginning at 30:20 [External Video Link].
7/7/2023 Design Community Representatives
Review initial layout, functionality, and readability of Articles 1-3, five (5) participants.
7/17/2023 Community Development Board Work Session #10
Overview of Senate Bill 382 and effects on UDC update, Feedback on district layout, transitions,
commercial parking consolidated table, and zoning map viewer for comparison of new/old
map. Meeting agenda [External Link]. Meeting video beginning at 1:12:40 [External Video Link].
7/25/2023 City Commission
Overview of Senate Bill 382 and UDC update. Highlights of key changes and upcoming schedule
for public release and outreach. Meeting agenda [External Link, PDF]. Meeting video beginning
at 21:35 [External Link Video].
8/7/2023 Community Development Board Work Session #11
UDC public process overview and change highlights. Meeting minutes [External Link, PDF].
Meeting video beginning at 2:35:30 [External Video Link].
8/9/2023 Sustainability Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and sustainability
oriented changes in code in preparation of formal review and comment session in September.
Meeting minutes [External Link, PDF], meeting video [External Video Link].
8/14/2023 Draft UDC Posted
Public Review draft document posted for public access to Engage.Bozeman.net/udc
8/15/2023 Design Professionals Group
Formal release of text and notice notification, presentation of public review schedule, overview
of process and standard changes. Solicitation for input. Email invitation with agenda went to
145 persons.
8/16/2023 Historic Preservation Advisory Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and Historic
Preservation oriented changes in code in preparation of formal review and comment session in
September. Meeting minutes [External Link, PDF], meeting video [External Link, PDF].
8/23/2023 Transportation Advisory Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and Transportation
oriented changes in code in preparation of formal review and comment session in September.
172
Page 7 of 9 Updated Sept 29, 2023
Meeting minutes [External Link, PDF], meeting video [External Video Link].
8/23/2023 Public Open House – Fire Station 3
Overview of UDC replacement purpose, Identification of important text and map changes,
overview of UDC public process upcoming, and orientation of public for effective engagement
with upcoming public hearings.
8/24/2023 Public Open House – City Hall
Overview of UDC replacement purpose, Identification of important text and map changes,
overview of UDC public process upcoming, and orientation of public for effective engagement
with upcoming public hearings.
8/28/2023 Code Connect #5
Presentation and Q & A with public about regulations and map.
9/6/2023 Economic Vitality Board - continued
Overview of Senate Bill 382, overview of UDC public process upcoming, and Economic Vitality
oriented changes in code in preparation of formal review and comment session in October.
Meeting agenda [External Link, PDF]. Ran out of time so UDC item was continued to October
meeting.
9/11/2023 Community Development Board Project Overview and Preparation for Public
Hearings
Overview of UDC replacement of entire Chapter 38 with new zoning and subdivision regulations
consistent with the Montana Land Use Planning Act. Meeting minutes [External Link, PDF].
Meeting video beginning at 2:36:55 [External Video Link].
9/12/2023 Bozeman Historic Preservation Advisory Board
Review and recommendation regarding specific elements of the Repeal and Replacement of the
Unified Development Code. Meeting minutes [External Link, PDF]. Meeting video beginning at
2:36:55 [External Video Link].
9/13/2023 Sustainability Board
Review and recommendation regarding specific elements of the Repeal and Replacement of the
Unified Development Code. (Meeting canceled due to lack of quorum, rescheduled). Meeting
agenda [External Link, PDF].
9/14/2023 Inter-Neighborhood Council
UDC Replacement overview/Q & A, discussion with no recommendation due to the nature of
the INC. Meeting agenda [External Link, PDF], meeting video [External Video Link].
9/18/2023 Community Development Board Public Hearing
Overview of UDC replacement and staff analysis re state criteria. Receive public testimony.
Meeting video [External Video Link].
173
Page 8 of 9 Updated Sept 29, 2023
9/21/2023 NorthEast Neighborhood Association Potluck
Present “major changes” handout, update and information.
9/27/2023 Transportation Advisory Board
Review and recommendation regarding specific elements of the Repeal and Replacement of the
Unified Development Code. Meeting video [External Video Link]
Upcoming scheduled events
10/4/2023 Economic Vitality Board
Review and recommendation regarding specific elements of the Repeal and Replacement of the
Unified Development Code.
10/10/2023 Community Development Board Public Hearing
Continued public hearing, focus on zoning map.
10/11/2023 Sustainability Board
Review and recommendation regarding specific elements of the Repeal and Replacement of the
Unified Development Code.
10/16/2023 Community Development Board Public Hearing
Possible tote and recommendation on both map and text.
10/24/2023 City Commission Public Meeting
Overview of UDC replacement of entire Chapter 38 with new zoning and subdivision regulations
consistent with the Montana Land Use Planning Act in preparation for public hearings.
11/14/2023 City Commission Public Hearing
Consider draft text and map and receive public input.
11/21/2023 City Commission Public Hearing
Consider draft text and map and receive public input.
11/28/2023 City Commission Public Hearing
Consideration of Provisional adoption of UDC text and map.
12/19/2023 City Commission Public Hearing
Consideration of Final Adoption of new UDC – text and map.
Print notices published
Think Big Bozeman ad in Bozeman Daily Chronicle April 19 and 22, 2023
Utility bill insert July 2023
174
Page 9 of 9 Updated Sept 29, 2023
Open House ad in Bozeman Daily Chronicle Aug 19, 2023
Community Development Board public hearing notices in Bozeman Daily Chronicle 8/26/23,
9/02/23, 9/09/23, 9/16/23, 9/30/23, and 10/07/23.
Additional notices will be published for the City Commission hearings.
175
Building Our Future Together
UPDATING THE DEVELOPMENT CODE
Flip this page over to learn more about Bozeman’s ongoing
efforts to update the development code!
This project implements community priorities set in
adopted city plans and new state laws.
176
Streets, utilities, land use, parks, our economy, and sustainability all require
thoughtful planning. The City of Bozeman’s Unified Development Code (UDC) is the set
of rules that tie all of this together and it’s getting updated! In addition to this process,
the 2023 state legislature changed the requirements for planning and land use
regulation. In order to follow these new state rules, the City of Bozeman is drafting new
subdivision and zoning regulations and a new zoning map.
The new rules highlight the importance of planning ahead and establishing
regulations for development that address community concerns. Public participation
at this time is essential. Public participation with individual development projects is
now focused on those areas where a proposal does not meet regulations or issues
were not identified and considered during creation of regulations.
After months of public input, a draft of the updated regulations is available at
engage.bozeman.net/udc. There you’ll find more info on the project, a
schedule of meetings, and other ways to participate. Check it out and
share your thoughts with us!
177
178
R3 Prototype Feasibility & Policy Sensitivity Testing 1
R3
Prototype Feasibility &
Policy Sensitivity Testing
179
R3 Prototype Feasibility & Policy Sensitivity Testing 2
Observations:
Housing Types & Tenure ►Single-Detached Twin Home Duplex Fourplex Eightplex
Lot Characteristics ▼Sale Sale Rent Rent Rent
Number of Residential Units 1 2 2 4 8
Average Unit Size 2,500 2,500 1,250 1,250 1,250
Lot Size (sf)6,000 8,000 5,000 12,000 24,000 Why aren't developers platting 4,000sf lots for SF-houses?
Lot Cost ($55 psf)$330,000 $440,000 $275,000 $660,000 $1,320,000 Duplex to 4-plex: 2 more units have to absorb a 140% increase in land costs
Lot Width (ft)60 80 50 120 240 Duplex lot width at 60' results in 6,000 sf lot when 100' deep
Lot Depth 100 100 100 100 100
Lot Area per Unit (sf)6,000 4,000 2,500 3,000 3,000 used R3 lot area reqs (except for the typical 6k for SF-detached)
Lot Coverage (%)21%31%25%21%21%limited coverage due to such large lot size increases
Landscape Coverage 66%49%43%52%53%suburban standards
Height (Stories)2 2 2 2 2
Parking Area Coverage 13%20%32%27%27%
Total Off-Street Parking Spaces 2 4 4 8 16
Parking per Unit 2 2 2 2 2
Total Parking Area (sqft)800 1,600 1,600 3,200 6,400 8-plex: more land area dedicated to parking than housing
Building Footprint (sqft)1,250 1,250 1,250 2,500 5,000 mostly all under a single roof - benefits in separation
Bldg #2 Footprint (sqft)-1,250 ---
Total Building Square Feet 2,500 5,000 2,500 5,000 10,000
Sales/Rents to Meet Return Rate 1,144,025$ 1,027,049$ 3,596$ 4,011$ 4,338$ current land area per unit reqs drive up rents
3-Person Household Affordability Check 235% AMI 211% AMI 153% AMI 170% AMI 184% AMI
(20% Downpayment)($228,805) ($205,410)
Proforma Sales/Rents at 100% AMI 440,000$ 440,000$ 2,356$ 2,356$ 2,356$ < apartment complexes delivering 2-beds at this rateProforma Return Rate -54.0% -48.6%1.0%-5.0%-10.5%
Subsidy Required per Unit 586,671$ 489,248$ 114,151$ 152,270$
Physical and Financial Proforma Analysis
Bozeman Baseline Prototypes Parallel Pro forma
Assumes all prototypes are new construction and built to current R3 Zone standards
Prototypes Tested:
• Single-unit dwelling
• “Twin home” (attached single-unit
dwelling)
• Duplex
• Four-unit dwelling
• Eight-unit dwelling
Key Findings:
• Land cost is a leading factor in price
- more than double for fourplex vs.
duplex.
• Twin homes, duplexes, fourplexes and
eightplexes require more land area for
parking than for the buildings.
• New development under current R-3
standards requires rents or sales price
well above AMI (150% to 235%) AMI -
not affordable.
Affordability Check on Existing R-3 Standards
180
R3 Prototype Feasibility & Policy Sensitivity Testing 3
Proposed Sensitivity Testing
Fourplex Sensitivity Testing
Existing R3 lot standards Proposed R3 lot standards
(modified lot size & setbacks)
Outcomes Existing Standards Modified Percent Change
Unit Size (sf)1,250 1,250 0%
Lot Size (sf)12,000 6,000 -50%
Lot Cost ($55 psf)$660,000 $330,000 -50%
Lot Area per Unit 3,000 1,500 -50%
Lot Coverage 21%42%100%
Parking per Unit 2 2 0%
Rent Req’dper Unit $4,011 $3,324 -17%
Affordability Check 170% AMI 141% AMI -17%
Reduced Setbacks & Lot
Area per Unit Requirements
Current parking standards
lead to competition for lot
area. At 2 spaces per unit,
would need to remove half
of structure.
Sensitivity testing of modifications to selected R-3 metrics was used to help understand
which zoning “levers” to pull to encourage more affordable home development.
Existing R3 lot standards Proposed R3 lot standards
(modified lot size & setbacks)
Modified Lot Size and Setback
Standards:
• Minimum lot size and minimum lot
area per unit drive up cost of land-
per-unit.
• Reducing minimum lot area and
minimum lot area per unit by half
reduced the final rental cost of a
unit in a fourplex by 17% (170% to
141% AMI).
• As proposed required parking
doesn’t fit on the lot. Not
modifying parking leads to
competition for lot. If fully parked,
half the structure would have to
be removed making the project
unfeasible.
181
R3 Prototype Feasibility & Policy Sensitivity Testing 4
Fourplex Sensitivity Testing
Proposed R3 lot standards(modified lot size & setbacks)Proposed R3 lot standards
(right-sized parking requirements)
Right-sized Parking
Requirements
Modified parking
requirements
eliminate lot area
competition rendering
this prototype
physically feasible.
Outcomes Lot Size & Setback Parking Percent Change
Unit Size (sf)1,250 1,250 0%
Lot Size (sf)6,000 6,000 0%
Lot Cost ($55 psf)$330,000 $330,000 0%
Lot Area per Unit 1,500 1,500 0%
Lot Coverage 42%42%0%
Parking per Unit 2 1 -50%
Rent Req’d per Unit $3,324 $3,228 -3%
Affordability Check 141% AMI 137% AMI -3%
Proposed Sensitivity Testing
Sensitivity testing of modifications to selected R-3 metrics was used to help understand
which zoning “levers” to pull to encourage more affordable home development.
Proposed R3 lot standards
(modified lot size & setbacks)
Proposed R3 lot standards
(right-sized parking requirements)
Modified Parking Standards:
• Reducing the parking to 1 per unit
makes the project feasible.
• Land area required for parking
leads to increased development
cost.
• On-site parking limits buildable
area, further increasing unit cost.
• Reduced parking led to a further
reduction on the monthly rental
cost of a unit (137% AMI).
182
R3 Prototype Feasibility & Policy Sensitivity Testing 5
Zoning Standards and Market Choices
Modifying zoning standards to reduce parking and reduce or remove lot area per unit/lot
size leads to significant affordability gains.
Findings:
Market choices can further boost
affordability:
• Smaller unit sizes lower
development cost - can be
encouraged through zoning.
• Design choices can reduce
building code requirements
(residential vs. commercial code).
183
R3 Prototype Feasibility & Policy Sensitivity Testing 6
Housing Types & Tenure ►Single-Detached Twin Home Duplex Fourplex Duplex Fourplex EightplexLot Characteristics ▼Sale Sale Owner-Occ Sale Condo Sale Rent Rent Rent
Number of Residential Units 1 2 2 4 2 4 8
Average Unit Size 2,500 1,250 850 850 850 700 540
Lot Size (sf)6,000 8,000 5,000 5,000 5,000 5,000 6,000
Lot Cost ($55 psf)$330,000 $440,000 $275,000 $275,000 $275,000 $275,000 $330,000
Lot Width (ft)60 80 50 50 50 50 60
Lot Depth 100 100 100 100 100 100 100
Lot Area per Unit (sf)6,000 4,000 2,500 1,250 2,500 1,250 750
Lot Coverage (%)21%31%34%44%34%28%43%
Landscape Coverage 66%49%50%36%50%52%49%
Front Setback (ft)10 10 10 10 10 10 10
Left Side Setback (ft)5 5 5 5 5 5 5
Right Side Setback (ft)5 5 5 5 5 5 5
Rear Setback (ft)10 10 10 10 10 10 10
Height (Stories)2 2 1 2 1 2 2
Parking Area Coverage 13%20%16%20%16%20%8%
Total Off-Street Parking Spaces 2 4 2 4 2 4 2
Parking per Unit 2 2 1 1 1 1 2
Total Parking Area (sqft)800 1,600 800 100 800 1,000 500
Building Footprint (sqft)1,250 1,250 1,700 1,700 1,700 1,400 2,541
Bldg #2 Footprint (sqft)-1,250 -----
Total Building Square Feet 2,500 5,000 1,700 1,701 1,700 2,800 5,082
Asking Sales / Rents per Unit 1,144,025$ 1,027,049$ 450,000$ 450,000$ 2,500$ 2,200$ 1,800$
Return on Cost (sale) / Levered IRR (rent)20%20% 21.8% 21.3% 12.8% 17.2% 19.9%
Debt Service Coverage Ratio (DSCR Yr 3)----1.27 1.45 1.57
3-Person Household Affordability Check 235% AMI 211% AMI 204% AMI 100% AMI 106% AMI 93% AMI 100% AMI
(Assumes 20% Downpayment)($228,805) ($205,410)*1-person AMI
Bozeman Market Prototypes Parallel Pro forma
Assumes all prototypes are new construction and built to modified R3 Zone standards
Physical and Financial Proforma Analysis
*owner-occ
purchase $1.5M
*owner-occ
purchase $900k
Overall Findings
Testing of modifications to selected R-3 metrics demonstrated that changes to
zoning standards and certain market choices (which can be encouraged through
changes to the UDC) could allow developments to reach substantially more
affordable rents without subsidy - as low as ~$2,200/month (affordable at 93%
AMI) for smaller units, or ~$3,200/month (affordable at 137% AMI) for larger units.
184