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NOTICE OF PUBLIC HEARINGS TO CONSIDER A TEXT AMENDMENT TO MODIFY
TABLE 38.310.040.C OF CHAPTER 38 OF THE UNIFIED DEVELOPMENT CODE OF THE
BOZEMAN MUNICIPAL CODE TO ALLOW APARTMENTS AS A PERMITTED USE WITH
NO RESTRICTIONS IN AREA ON THE SECOND AND SUBSEQUENT FLOORS, AND TO
ALLOW LOBBIES ASSOCIATED WITH RESIDENTIAL USES ON THE GROUND FLOOR
WHEN LOCATED ON THE SECOND OR SUBSEQUESNT FLOOR, OR BASEMENT AS
DEFINED IN SECTION 38.700.030 OF CHAPTER 38 FOR MIXED USE BUILDINGS
LOCATED WITHIN THE NEHMU DISTRICT (NORTHEAST HISTORIC MIXED USE
DISTRICT.
The applicant has requested a zone text amendment to Table 38.310.C of Chapter 38 of the Unified
Development Code of the Bozeman Municipal Code to allow apartments as a permitted use with no
restrictions in area on the second and subsequent floors, and to allow lobbies associated with residential
uses on the ground floor when located on the second or subsequent floor, or basement as defined in Section
38.700.030 of Chapter 38 for mixed use buildings located with the NEHMU District (Northeast Historic
Mixed Use) District. Currently, apartments are limited to 50% in area on second and subsequent floors
with no residential uses on the ground floor.
This application is evaluated against the requirements and purposes of zoning review found in state law
in Section 76-2-304, Montana Code Annotated which are contained in Section 38.100.040C and
38.260.010 pf the Bozeman Municipal Code. Approval or contingent approval may be granted if the City
Commission determines all criteria are met.
On Monday, July 15, 2024, at 6:00 p.m., the Community Development Board acting in their capacity
as the Zoning Commission will conduct a public hearing on amendments to the municipal code in the
Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public will also be
able to participate remotely via WebEx. Instructions for joining the WebEx 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.
On Tuesday, August 27, 2024, at 6:00 p.m., The City Commission will conduct a public hearing on
amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Remote
electronic participation may also be available. Instructions for participating remotely 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.
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. Comments should identify the specific
criteria of concern along with facts in support of the comment. During the notice period the City will
continue review for compliance with applicable regulations. Written comments may be directed to: City
Clerk, PO Box 1230, Bozeman, MT 59771-1230, or emailed to comments@bozeman.net. Please
reference application 24225 in all correspondence.
At the City Commission’s public hearing the City Commission may act to approve, modify, o r reject
the proposal or continue the public hearing to another date. The City Commission may revise any
of the proposed actions referred in this notice during the public hearing process.
The City will accept written protests from property owners against the proposed text amendment referred
to in this notice 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 city limits 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 (including the application number, 24225); 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 Avenue, PO Box 1230, Bozeman, MT 59771-1230.
For those who require accommodations for disabilities, please contact the ADA Coordinator Max Ziegler,
Assistant Superintendent of Facilities, at 582-2439 (voice), 582-2301 (TDD). Please reference
Application 24225 in any correspondence.
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SUBMITTED WEDNESDAY, 6/19/2024 FOR PUBLICATION ON SATURDAY, 6/22/24, 7/06/24
AND 8/10/2024. PLEASE PRINT BOLD WHERE INDICATED, AND SEND AFFIDAVIT OF
PUBLICATION TO BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT.