HomeMy WebLinkAbout10-11-23 SB Agenda and Packet MaterialsA.Call to Order - 6:00 PM
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approve the June 14, 2023, August 09, 2023, and September 13, 2023 Sustainability
Advisory Board Minutes.(Meyer)
E.Public Comments
This is the time to comment on any matter falling within the scope of the Sustainability 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 Board cannot take action on any
item which does not appear on the agenda. All persons addressing the Board shall speak in a civil
THE SUSTAINABILITY BOARD OF BOZEMAN, MONTANA
SB AGENDA
Wednesday, October 11, 2023
General information about the Sustainability Board can be found 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 Jon Henderson, jon.henderson@bozeman.net
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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 on their Laserfiche repository page.
F.Special Presentations
F.1 Green New Deal for Schools(Bozeman High School Sunrise Leaders)
G.Action Items
G.1 Sustainability Board Review and Recommendation Regarding Specific Elements of the
Repeal and Replacement of the Unified Development Code to the Community Development
Board and City Commission, Application 21381(Saunders)
H.FYI/Discussion
H.1 Model Homeowner's Association (HOA) Model Covenants Work Session #2.(Meyer)
I.Adjournment
This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members the public. If you have a disability and require
assistance, please contact our the City for ADA coordination at 406.582.2306 (TDD 406.582.2301).
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Memorandum
REPORT TO:Sustainability Board
FROM:Ali Chipouras, Sustainability Program Specialist
Natalie Meyer, Sustainability Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Approve the June 14, 2023, August 09, 2023, and September 13, 2023
Sustainability Advisory Board Minutes.
MEETING DATE:October 11, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Approve the June 14, 2023, August 09, 2023, and September 13, 2023
Sustainability Advisory Board Minutes.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In accordance with Commission Resolution 5323 and the City of Bozeman's
Citizen Advisory Board Manual, all Boards must have minutes taken and
approved. Prepared minutes will be provided for approval by the board at
the next scheduled meeting. Staff will make any corrections identified to the
minutes before submitting them to the City Clerk's Office.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Board.
FISCAL EFFECTS:None.
Attachments:
06-14-23 Sustainability Citizen Advisory Board Meeting
Minutes.pdf
08-09-23 Sustanability Citizen Advisory Board Meeting
Minutes.pdf
09-13-23 Sustainability Advisory Board Meeting Minutes.pdf
Report compiled on: October 5, 2023
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Sustainability Citizen Advisory Board Meeting Minutes, 6/14/23
Page 1 of 2
THE SUSTAINABILITY CITIZEN ADVISORY BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
6/14/23
General information about the Sustainability Board can be found in our Laserfiche repository.
A) 00:00:22 Call to Order - 6:00 PM Present: Isabel Shaida, Lumay Murphy, Matt Thompson, Emma Bode, Kristin Blackler, Terry
Cunningham
Absent: Rebecca Kurnick, Douglas Fischer
B) 00:02:45 Disclosures
• There were no disclosures.
C) 00:02:59 Changes to the Agenda
• There were no changes to the agenda.
E) 00:03:12 Approval of Minutes
E.1 Approve the May 10, 2023 Sustainability Board Meeting Minutes
05-10-23 Sustainability Advisory Board Minutes.pdf
00:03:47 Motion to approve
Isabel Shaida: Motion
Kristin Blackler: 2nd 00:05:19 Vote on the Motion to approve The Motion carried 5 - 0.
Approve:
Matt Thompson
Emma Bode
Kristin Blackler
Isabel Shaida
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Sustainability Citizen Advisory Board Meeting Minutes, 6/14/23
Page 2 of 2
Lumay Murphy
Disapprove:
None
F) 00:03:50 Public Comments
• There were no public comments.
G) 00:04:41 FYI/Discussion
• Deputy Mayor Cunningham provided an FYI that the Held v. Montana case started on Monday
6/12/23.
• Strategic Services Director Jon Henderson provided an update that remote participation is now
available for board members when applicable.
• Strategic Services Director Jon Henderson shared that the City Commission updated an
Economic Development Strategy that includes alignment with the Climate Plan.
• Strategic Services Director Jon Henderson provided an update that the City Commission passed
contracts for the DEQ Heat Pump Rebate Program and the Local Food System Preliminary
Mapping Project.
• Sustainability Program Manager Natalie Meyer provided an FYI that the City has been accepted
to participate in a DOE Planning and Funding for Electric Vehicle Infrastructure Pilot Program.
• Sustainability Specialist Ali Chipouras provided an FYI that the GoGallatin Challenge is currently
happening and City employees are participating.
• Sustainability Specialist Ali Chipouras provided an update on the Heat Pump Panel event the City
hosted with multiple partners.
G.1 00:11:05 Review of the 2023 Montana Legislature
• Sustainability Program Manager Natalie Meyer presented a recap of the Montana State
Legislature and highlighted bills that impact environmental sustainability.
G.2 00:43:32 100% Net Clean Electricity Strategies
• Sustainability Program Manager Natalie Meyer presented on the 100% Net Clean Electricity
Strategies. The board followed up with questions and comments.
H) 01:54:36 Adjournment
This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm.
5
Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23
Page 1 of 3
THE SUSTAINABILITY CITIZEN ADVISORY BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
08/09/23
General information about the Sustainability Board can be found in our Laserfiche repository.
A) 00:00:57 Call to Order - 6:00 PM Present: Isabel Shaida, Lumay Murphy, Matt Thompson, Rebecca Kurnick, Kristin Blackler, Douglas
Fischer
Absent: Emma Bode, Terry Cunningham
B) 00:03:43 Disclosures
• There were no disclosures.
C) 00:03:49 Changes to the Agenda
• There were no changes to the agenda
D) 00:03:54 Public Service Announcements
• Isabel Shaida shared that NorthWestern Energy has shared their Integrated Resource Plan (IRP).
There are opportunities to attend hearings and provide comment prior to it going to the Public
Service Commission (PSC).
• Matt Thompson shared that FWP announced they have euthanized 7 bears in July due to
attractants.
• Rebecca Kurnick shared that the chairs and vice chairs of all boards were brought together to
discuss with the City Manager how things are going since the super board consolidation.
E) Approval of Minutes
E.1 00:07:22 Approve the July 12, 2023 Sustainability Board Meeting Minutes
07-12-2023 Sustainability Advisory Board Minutes.pdf
00:07:27 Motion to approve Approve the July 12, 2023 Sustainability Board Meeting Minutes
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Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23
Page 2 of 3
Douglas Fischer: Motion
Isabel Shaida: 2nd
00:08:35 Vote on the Motion to approve Approve the July 12, 2023 Sustainability Board Meeting Minutes
The Motion carried 5 - 0.
Approve:
Isabel Shaida
Lumay Murphy
Rebecca Kurnick
Kristin Blackler
Douglas Fischer
Disapprove:
None
F) 00:08:50 Public Comments
• There were no public comments.
G) 00:04:38 FYI/Discussion
G.1 00:09:30 Solid Waste Rate Study and Compost Feasibility Study Work Session
Solid Waste Policy Memo July 2023 Update
• Director of Transportation and Engineering Nicholas Ross led a work session on
the Solid Waste Rate Study and Compost Feasibility Study. The board provided
questions and feedback.
• Terry Quatraro provided public comment.
• Kathy Powell provided public comment.
G.2 01:20:53 Overview of Senate Bill 382 and Overview of Unified Development Code
Public Review Process in Fall 2023.
Key Dates List - Sustainability Board.pdf
SB382 City Commission summary July 25, 2023.pdf
CC Work Sessions List.pdf
SB0382 - Montana Land Use Planning Act.pdf
• Community Development Manager Chris Saunders provided an overview of
Senate Bill 382 and led a work session on the Unified Development Code.
G.3 01:53:35 Gallatin Valley Sensitive Lands Protection Plan - Model Results and
Preliminary Recommendations
Data Modeling Methods by Theme.pdf
Preliminary Tool List.pdf
• Strategic Services Director Jon Henderson provided an update on the Gallatin
Valley Sensitive Lands Protection Plan model results and preliminary
recommendations.
H) 02:38:33 Adjournment
This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm.
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Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23
Page 3 of 3
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Bozeman Sustainability Citizen Advisory Board Meeting Minutes, 9/13/23
Page 1 of 1
THE SUSTAINABILITY CITIZEN ADVISORY MEETING OF BOZEMAN, MONTANA
MINUTES
9/13/23
General information about the Sustainability Board can be found in our Laserfiche repository.
A) 00:00:34 Call to Order - 6:00 PM
A quorum was not present to continue, and the meeting was adjourned.
I) 00:01:24 Adjournment
This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Sustainability Board
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Green New Deal for Schools
MEETING DATE:October 11, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Listen to a Special Presentation on the Green New Deal for Schools
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:Maryn Shutz, leader and head of logistics, Ian Gentry, leader and head of
recruitment, and Carly Bryant, leader and head of outreach, who are
members of a high school hub of the youth climate justice organization,
Sunrise, will present on their campaign for a Green New Deal for Schools.
The GND for Schools campaign pushes the Bozeman School District to
provide:
• Free and healthy (locally-sourced lunches)
• Safe buildings that run on renewables
• A strong climate curriculum
• A pathway for students to participate in green, unionized jobs outside of
high school
• High schools that are safe community spaces for personal and
educational growth
These student organizers will explain the campaign demands and actions
taken thus far in further detail and link their campaign demands to the
Bozeman Climate Plan Goals to demonstrate the shared interest the City has
in the success of this campaign.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Sustainability Citizen Advisory Board.
FISCAL EFFECTS:None.
Report compiled on: October 6, 2023
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Memorandum
REPORT TO:Sustainability Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Sustainability Board Review and Recommendation Regarding Specific
Elements of the Repeal and Replacement of the Unified Development Code
to the Community Development Board and City Commission, Application
21381
MEETING DATE:October 11, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the draft replacement development code
as identified in the Sustainability Board Specific Background, public
comment, and all information presented, I move to recommend approval of
the proposed text of the identified sections of Application 21381 to replace
and augment existing sustainability requirements and standards; and
request staff to forward our recommendation to the Community
Development Board.
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:Sustainability Board Specific Background.
On August 9, 2023, the Board heard an overview and general summary
presentation describing the code replacement project. A video recording
[external video link] of the presentation is available for review. In addition,
the associated cover memo is available for review at the same link. Memo
attachments include summaries of work sessions held by the City
Commission, a summary of Senate Bill 382, and the full text of the bill. 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 Sustainability Board.
Areas of relevance to the Sustainability Board and for which a
recommendation is requested are:
A. Facilitation of electric vehicle charging:
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1. 38.800.060 Inclusion of electric vehicle charging as part of essential
services allowed in all zoning districts,
2. 38.710.070.A.2 Add EV future charging to list of facilities for depiction
on site plans.
B. Urban agriculture allowances:
1. 38.300.020 Add agricultural uses to allowed uses in individual zoning
districts,
2. 38.320.110 Add standards to expand allowances for agriculture within
the community.
C. Recycling and composting:
1. 38.710.070.A.2 Add recycling and composting facilities as items for
depiction on site plans.
D. Support for density:
1. 38.210.020 consolidation of residential zoning districts,
2. 38.210.020 amendment of standards to remove minimum lot area
requirements,
3. 38.210.020 increase minimum density requirements for residential
districts, and
4. Table 38.530.040-4 reduce non-residential parking requirements.
E. Clarification of provisions for solar energy and district energy:
1. 38.800.060 Inclusion of shared solar and storage and district energy as
an essential service
F. Local service commercial - support for density also facilitates viable local
services within walkable distance
1. 38.540.040.B allow an amount of commercial in mixed use districts to
have no parking requirement.
G. Parking:
1. 38.540 simplify all parking provisions,
2. Table 38.530.040-4 simplify and reduce non-residential parking
requirements,
3. 38.540.040.A set parking requirements in areas with common funding
and management capability to zero, and
4. 38.540.070 Expand provisions for bicycle parking to include both short
and long-term.
The full text of the draft Chapter 38 [External PDF] is as available online.
General 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 set priorities for municipal actions over the next two years.
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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 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 is attached.
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 and the full text of the Act are available through the
August 9th packet materials. 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.
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
August 9th packet materials.
Major areas of changes with the UDC replacement include:
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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.
Compliance with revised and new state law - These are primarily
process changes and are discussed in the August 9th attachment
regarding SB 382.
Layout and usability enhancements including changed organization,
layout, and increased graphics.
Consolidation of residential districts.
Revisions to requirements for transportation studies and standards.
There are also other code amendments which are currently in development
or on the near horizon. Those will have their own public hearings and
processes with opportunity for public participation. These include:
Wetland regulation updates to address recent US Supreme Court
decisions.
Short Term Rentals
Water Conservation
Park standards
The Board was scheduled to consider these amendments on September 13,
2023. Due to a lack of a quorum the item was continued to October 11,
2023.
UNRESOLVED ISSUES:The code was released for public review on August 14th through
engage.bozeman.net/udc. Public input is sought on the draft and may
identify unresolved issues. None related to sustainability are known at this
time.
ALTERNATIVES:The board may recommend alternative language for consideration by the
Community Development Board and City Commission.
FISCAL EFFECTS:Funds for the UDC update have been budgeted.
Report compiled on: September 28, 2023
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Memorandum
REPORT TO:Sustainability Board
FROM:Ali Chipouras, Sustainability Program Specialist
Natalie Meyer, Sustainability Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Model Homeowner's Association (HOA) Model Covenants Work Session #2.
MEETING DATE:October 11, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Model Homeowner's Association (HOA) Model Covenants Work Session #2.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:Resolution 5368 adopts Model HOA Covenants as a City Commission priority
for 2022 to 2023. Model HOA Covenants call for the establishment of model
Homeowners' Association Covenants that encourage water conservation,
neighborhood and community connectivity, accessory dwelling units,
childcare, drought-tolerant landscaping, composting, local food, recycling,
energy efficiency, and renewable energy.
A homeowner’s association (HOA) is an organization in a subdivision,
planned community, or condominium building that makes and enforces rules
for the properties and residents. Those who purchase property within an
HOA’s jurisdiction automatically become members. In some cases, an HOA
can be more restrictive than the zoning and codes of the city or county
where the HOA is located. An HOA’s governing documents are usually in the
form of covenants, which set out the rules of the HOA community. They
describe the requirements and limitations of what a homeowner can do
with the property. The goal of the covenants is to protect, preserve, and
enhance property values in the community. Covenants may regulate things
such as basketball hoops, clotheslines, fences, antennas, irrigation, garbage
cans, and rooftop solar.
Subdivisions are not required to have HOAs and covenants. The City of
Bozeman does not enforce covenants, and cannot require any provisions
within covenants. The development of model HOA covenants will provide
an opportunity for HOAs to adopt language that is consistent with the City's
adopted plans that advance sustainability, water conservation, safety, and
diversity, equity, and inclusion.
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Work Plan Item 2 in the Sustainability Citizen Advisory Board Work Plan
identifies that the Sustainability Citizen Advisory Board will offer input on
the potential barriers within existing HOA covenants, and will subsequently
review draft model covenants developed by City Staff, and make a
recommendation to the City Commission.
On June 8, 2022, the City of Bozeman Sustainability Advisory Board held a
Work Session on the sustainability topics initially identified by staff to be
addressed within the HOA model covenants. The Board provided discussion
and suggestions that staff incorporated into problem and solution
statements for a City Commission Work Session held on November 15, 2022.
The City Commission directed staff to expand the topics addressed within
the model covenants, especially those related to renewable energy, energy
efficiency, and urban agriculture.
The proposed issues to be addressed within the model HOA covenants now
include the following:
Sidewalk and bike lane connectivity and access
Daycare facility allowances
Solid waste, recycling, and compost management considerations,
including reducing wildlife conflicts
Energy efficiency and renewable energy
Sustainable building material provisions
Local agriculture allowances
Water conservation provisions for landscaping and irrigation
Accessory Dwelling Units (ADUs) allowances
Minimum lot size and minimum building size allowances
An interdepartmental team from several City departments is collaboratively
developing the model HOA covenants. The Sustainability Division is tasked
with developing language to advance energy efficiency, renewable energy,
sustainable building materials, and local agriculture. Ali Chipouras, City of
Bozeman Sustainability Specialist, will provide a brief presentation on the
status of the effort to include an open discussion with the Board. Feedback
from the Board will be used to inform a final draft that will be presented in
its entirety at the November 8, 2023 Sustainability Board meeting. At the
meeting, the Board will have the opportunity to make a recommendation to
the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Board.
FISCAL EFFECTS:None.
Attachments:
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Sustainability Model HOA Covenants Energy-Local Food.pdf
Report compiled on: October 6, 2023
17
Model HOA Covenants
Energy, Sustainable Building Materials, & Local Agriculture
1. Energy Efficiency and Renewable Energy
Background: Installing solar energy systems on a home is an efficient way to reduce both energy costs
and greenhouse gas emissions. Solar energy systems coupled with energy storage are an increasingly
popular way to improve resilience during extreme weather events and power outages. The Bozeman
Climate Plan calls for the addition of 16,000 MWh of local on-site renewable energy to meet our 2025
emissions goal and 80,000 MWh to achieve carbon neutrality by 2050. Rooftop solar is the most efficient
and prominent technology to help Bozeman achieve our local renewable energy goals. Bozeman’s
Unified Development Code encourages private solar installations by permitting solar in all zoning
districts, including historic districts. Solar installations are also exempt from building height restrictions
and do not require mechanical screening.
Problem Statement: Even though solar panels are beneficial and can improve property value, some
HOAs prohibit or restrict rooftop and ground-mounted solar installations based on the aesthetics of the
electronic equipment. Today’s solar systems are generally more aesthetically appealing and installed to
minimize the visual impact. There is also greater acceptance of solar panels as broadly beneficial
infrastructure.
Some HOAs restrict solar installations that are visible from the public right of way, which may be the
only viable and efficient location for solar. There may also be requirements that the equipment match
the color of the roof. In some instances, an HOA does not explicitly prohibit solar, but requires final
approval for any alterations to the home or property. Without specific language that permits solar, a
homeowner may have to make a case to an HOA design committee. In most cases, HOA solar energy
system restrictions may be based on perceptions of early solar installations that were massive or poorly
integrated with rooftops. The restrictions are not aligned with Bozeman’s Community Plan, Unified
Development Code, or Climate Plan.
Proposal: Many states have enacted “solar access rights” laws that prevent HOAs from prohibiting the
use of solar panels. While the State of Montana does not provide for solar by right, The City of Bozeman
can suggest that solar energy systems should not be prohibited or unreasonably restricted through HOA
covenants. Reasonable restrictions on a solar energy system are those that do not significantly increase
Draft Covenant Language:
Home energy improvements such as installing solar energy systems, geothermal energy systems,
and energy efficient technology such as heat pumps are encouraged.
1a. Solar Energy Systems
Solar panels are permitted on all roof structures, consistent with City of Bozeman and building
codes. Solar collectors shall be integrated into the overall roof design and shall be placed flush with
the slope of the roof or wall of the building. Solar panels are permitted on all sides of the roof and
may be visible from the public view.
18
the cost of the system or significantly decrease its efficiency or specified performance, or that allow for
a renewable energy system of comparable cost, efficiency, and energy conservation benefit.
1b. Outdoor Heat Pump Units
Background: The Bozeman Climate Plan identifies building electrification as part of the pathway to
reaching the City’s climate goals. Building electrification is the shift to using electricity to power
buildings rather than burning fossil fuels like oil, gas, and propane directly in our buildings. Once a
building is electrified it can be powered by renewable energy sources either through the grid or from on-
site sources. Reducing the energy load of buildings when switching to electricity supports a more
sustainable and cost-effective transition away from fossil fuels. Air-source heat pumps are an efficient
electric option for home heating and cooling, they are typically 2 to 4 times more efficient than electric
resistance heaters and gas furnaces. These highly efficient systems are a key component for home
electrification.
Bozeman is experiencing hotter summers and intensified wildfire seasons that are driving people to
spend more time indoors during the summer months and significantly growing the demand for home air
conditioning. Air-source heat pumps can provide an efficient cooling solution. Heat pump sales are on
the rise throughout the county, in 2022 heat pump sales outpaced gas-powered furnaces for the first
time in the United States1. Currently available and upcoming federal and local incentives for heat pumps
will continue to drive demand in the Bozeman area.
Air-source heat pump units require outdoor condensing units that pull heat from the outdoor air to
distribute heat into the home (and conversely provide air conditioning during the summer). The
installation and placement of the outdoor unit can impact the overall performance and efficiency of the
heat pump, especially in colder climates. For installations in cold climates, outdoor units should be
strategically placed or protected to shield them from the prevailing wind, snow, rain, hail, and other
environmental elements. Outdoor heat pump units should not be installed directly on the ground but on
a solid base such as a concrete pad or block, with rubber pads or dampeners to further minimize
vibration and protect the unit from outdoor elements. Mounting heat pump units to the exterior of the
building is an option for some installations.
Problem Statement: Some HOA’s may limit where outdoor HVAC equipment can be located in an effort
to reduce the visibility from public view and mitigate noise from equipment. This could prevent
residents from installing air-source heat pumps or impact the performance of the heat pump.
1 https://www.canarymedia.com/articles/heat-pumps/chart-americans-bought-more-heat-pumps-than-gas-
furnaces-last-year
Draft Covenant Language:
Outdoor heat pump units are permitted on any side of the home (front yard, backyard, side yard).
Outdoor units should not obstruct parking or walkway access. When feasible, place any mechanical
outdoor unit away from windows and doors of neighboring homes.
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Proposal: The City of Bozeman can propose HOA covenant language to provide flexibility for outdoor
unit placement and guide best practices for installation to support efficient and effective heat pump
adoption.
1c. Clotheslines
Background: Clotheslines or natural drying devices allow residents to save on energy bills and practice
environmental stewardship. Clothes dryers and wash machines use approximately 13 percent of
household electricity consumption. Clotheslines are sometimes prohibited in Condominiums and HOAs
to protect the aesthetic value of the property.
Problem Statement: Disallowing energy conservation and environmental stewardship is generally
inconsistent with the City of Bozeman Community Plan and Climate Plan. There may be reasonable
restrictions on the placement, duration, and timing of clothesline use, especially for multi-family or high-
rise buildings with limited open space.
Proposal: The City of Bozeman can propose HOA covenant language that provides for the “right-to-dry”
to ensure some accommodation for clotheslines or drying racks on the owner’s property, but leaves an
opportunity for associations to dictate placement, duration, and timing of clothesline use.
Draft Covenant Language:
The installation and use of clotheslines is permitted on all lots for the purpose of drying and airing
clothes and linens. When feasible, clotheslines shall be positioned in a manner that minimizes
visibility from neighboring properties and the street.
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2. Building Materials
2a. Sustainable Building Materials
Background: Sustainable materials refer to building materials that are produced, sourced, and/or used
in a manner that minimizes their negative impact on the environment. There are many ways to evaluate
the sustainability of building materials which creates a challenge for standardizing what qualifies as a
sustainable material.
Problem Statement: HOA’s are typically responsible for reviewing and approving construction and
renovation plans. By incorporating sustainable materials into the design guides or design review process,
HOA’s have an opportunity to advance more sustainable building practices. Sustainable building
materials can provide additional benefits such as durability that reduces the need for frequent
replacement or energy efficiency that reduces utility costs for the resident.
Proposal: The City of Bozeman can provide language to guide sustainable building material choices for
HOA’s. HOA’s can develop more detailed standards tailored to the existing development and
neighborhood goals.
Draft Covenant Language:
Building materials used in alterations shall be of similar or higher quality as the original
improvements. The sustainability and durability of materials shall be considered during the material
selection process and, where applicable, should be represented in the proposal to the Architectural
Review Committee. Sustainable materials refer to building materials that are produced, sourced,
and/or used in a manner that minimizes their negative impact on the environment. Attributes of
sustainable materials may be characterized by:
Low Embodied Carbon: Materials are manufactured, sourced, and transported in ways that
minimize energy consumption, water usage, waste generation, and greenhouse gas
emissions, thus reducing their overall carbon footprint from production to installation.
Locally Sourced: Materials that are locally produced reduce carbon emissions associated
with long-distance transportation.
Energy-Efficient: Materials that can improve the energy efficiency of buildings (e.g., higher
performing windows).
Durable: Higher performance materials that can withstand environmental stresses, reducing
the need for frequent replacements and lowering life-cycle environmental impact.
Responsibly Sourced: Materials that are harvested, extracted, and/or produced using
practices that promote positive environmental, social, and economic benefits (e.g., Forest
Stewardship Council (FSC) Certified).
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2b. Dark-Sky Compliant Lighting
Background: Light pollution has far-reaching effects on our environment, wildlife, and human health
and well-being. Plants and animals depend on Earth’s daily light and dark cycle to govern life-sustaining
behaviors. Research shows that artificial light at night has adverse and even deadly effects on many
species. Outdoor lighting also contributes to greenhouse gas emissions and utility bills for residents by
increasing energy consumption. As much as 50 percent of outdoor lighting is wasted.2 Studies have
shown that artificial light at night negatively affects human health by disrupting the natural circadian
rhythm. Light pollution also obscures views of the night sky.
Problem Statement: HOAs may have authority over approved lighting fixtures and modifications to
exterior lighting. The City of Bozeman’s draft Unified Development Code provides standards for lighting
under Division 38.560 that provide specifications in support of Dark-sky compliance. However, an HOA
has the ability to explicitly require Dark-sky compliance.
Proposal: The City of Bozeman can propose HOA covenant language that emphasizes energy efficiency
and Dark-Sky compliance in the HOA covenants.
2 https://darksky.org/resources/what-is-light-pollution/
Draft Covenant Language:
All exterior lighting fixtures must be LED and achieve Dark-sky compliance by meeting the
requirements and standards set forth by the International Dark-Sky Association (IDA) and City of
Bozeman lighting standards. Exterior lighting fixtures should not intrude on the use or enjoyment of
adjacent properties.
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3. Local Agriculture
Background: The Bozeman Climate Plan recognizes the environmental and resiliency benefits of
enhancing our local food system, including community gardens, home gardening, edible landscapes,
season extension practices, cottage food businesses, and agriculture/gardening in public green spaces.
The City of Bozeman encourages the planting of vegetable gardens, raised beds, and fruit trees. City
code accommodates many of these practices by allowing front yard gardens and greenhouses outside of
property easements. The City supports community gardens in public spaces, as well as associated
gardening educational opportunities. There is an Urban Chicken Ordinance 1767 with an Urban Chicken
Keeping Permit that allows residents to own chickens while protecting the rights of neighbors.
Problem Statement: There are often HOA gardening provisions that limit or prevent homeowners from
having their own garden. They might be allowed to grow a few herbs or plants in a planter, but there are
generally restrictions against having a large garden, especially in the front yard. To protect gardens from
wildlife and extend the growing season, gardens also may incorporate fencing or covers that are not
always aesthetically appealing. Some HOAs do not allow livestock animals of any kind, including
chickens.
Solution: The City of Bozeman can propose language that would allow for gardening and urban chickens
conducted in a competent and proficient manner. Given that a planned community may be more
accepting of vegetables than livestock, it is worth considering provisions for gardens separate from
urban chickens. Garden provisions would address the ability of a homeowner to manage a garden bed in
the back or front yard and/or for the HOA to designate managed community garden space to grow fruits
and vegetables with supporting water-efficient irrigation.
Draft Covenant Language:
Gardens: Vegetable gardens are permitted in all yard areas provided that gardens do not impede or
encroach upon the public right of way or obstruct parking or walkway access.
Urban Chickens: Keeping of chickens is permitted on all lots provided they comply with regulations
enacted by the City of Bozeman.
Greenhouses and Garden Sheds: Greenhouses and garden sheds are permitted on all lots provided
they comply with zoning and appurtenant regulations enacted by the City of Bozeman.
Farm Stand: Farm stands are accessory tables, areas, structures, or kiosks for the sale of crops,
products, and/or nonfood items such as ornamental crops (i.e., flowers) are permitted on all lots
provided that comply with regulations enacted by the City of Bozeman.
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