The URL can be used to link to this page

Home My WebLink About24- Ordinances 2168 - Amending Table 38.310.040.C. of Chapter 28 of the Bozeman Municipal CodeVersion February 2023 Ord. 2168 Page 1 of 7 ORDINANCE 2168 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING TABLE 38.310.040.C OF CHAPTER 38 OF THE BOZEMAN MUNICIPAL CODE TO ALLOW APARTMENTS AS A PERMITTED USE WITH NO RESTRICTIONS IN AREA ON THE SECOND AND SUBSEQUENT FLOORS, AND BASEMENTS OF BUILDINGS, AND TO ALLOW LOBBIES ON THE GROUND FLOOR WHEN ASSOCIATED WITH RESIDENTIAL USES IN THE NEHMU DISTRICT (NORTHEAST HISTORIC MIXED USE DISTRICT), APPLICATION 24225. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; and WHEREAS, pursuant to Chapter 38, Section 38.260.010.A of the Bozeman Municipal Code (BMC), Bangtail Partners, LLC, Nest Partners submitted application number 24225 for a specific zoning text amendment for Table 38.310.040.C to allow apartments as a permitted use with no restrictions in area on the second and subsequent floors, and basements of buildings, and to allow lobbies on the ground floor when associated with residential uses in the NEHMU District; and WHEREAS, pursuant to BMC Section 38.260.020, upon receipt of such application, the Community Development Department initiated the required investigation of facts bearing on such proposed amendment to ensure that the action is consistent with the intent and purposes of Chapter 38, Section 38.100.040 to protect health, safety and general welfare; and WHEREAS, on July 15, 2024, the Bozeman Community Development Board, acting as the Bozeman Zoning Commission, voted unanimously to recommend approval on a 5-0 vote to the Bozeman City Commission; and Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 2 of 7 WHEREAS, pursuant to Sections 38.220.420 and 38.260.030, public notice of the July 15, 2024 public hearing on the proposed amendment before the Community Development Board and of the August 27, 2024 public hearing before the Bozeman City Commission was given by publication in a general circulation newspaper on June 22, 2024, July 6, 2024, and August 10, 2024, which is not less than 15 or more than 45 calendar days prior to the public hearings; and WHEREAS, after proper notice, the City Commission held its public hearing on August 27, 2024, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated (MCA) § 76-2-304, considered the Community Development Board recommendation, and all the information presented by staff and the Applicant at the July 15, 2024 public hearing, and found that the proposed amendments to Table 38.310.040.C presented by the Applicant and recommended by the Community Development Board is in compliance with the MCA criteria; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-2-305, MCA; 3. Zoning, including text amendments, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone text amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Community Development Board as the Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 3 of 7 comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, the Community Development Board recommendation, all information presented by staff and the Applicant, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings, Community Development Board’s amendment and recommendation, and staff and Applicant presentation at the public hearing as part of their decision, the required criteria for approval of the proposed Bozeman Unified Development Code (UDC) Table 38.310.040.C text amendment to allow apartments as a permitted use with no restrictions in area on the second and subsequent floors, and basements of buildings, and to allow lobbies on the ground floor when associated with residential uses in the NEHMU District. Section 2 Table 38.310.040.C—Permitted residential uses in commercial, mixed use, and industrial zoning districts. Permitted uses for the NEHMU District—shall be amended to read as follows with all other elements of the table and footnotes remaining unchanged. Zoning Districts Commercial Mixed Use Industrial PLI B-11 B-2 B-2M B-3 UMU (38.310.050) REMU (38.310.060) NEHMU BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) ---- ---- ---- ---- ---- P P --- --- --- --- Apartments*ᶟ P⁴ P⁴ P⁵ P⁵ P P A⁶ P⁴ --- A⁶ A⁶ --- Apartment buildings*ᶟ --- S P P⁵ P P --- --- --- --- --- Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 4 of 7 Cottage housing* (38.360.120) --- --- --- --- --- P --- --- --- --- --- Single household dwelling (38.360.220) --- --- --- --- --- P P --- --- --- --- B-11 B-2 B-2M B-3 UMU REMU NEHMU BP M-1 M-2 PLI Three household dwelling or four household dwelling (38.360.220) --- --- --- --- --- P --- --- --- --- --- Townhouses*ᶟ & rowhouses* (38.360.250) --- S⁷ P⁷ P⁷ --- P⁸ P --- --- --- --- Two-household dwelling (38.360.220) --- --- --- --- --- P P --- --- --- --- Live-work units* P P P P P P P --- --- --- --- Ground floor residential S P⁵ P⁵ --- --- --- --- --- --- --- Group residences Community residential facilities with eight or fewer residents* P⁴ P⁴˒⁵ P⁴˒⁵ P⁴˒⁵ P⁴˒⁵ P P --- --- --- --- Community residential facilities serving nine or more residents* --- S S --- P P --- --- --- --- --- Cooperative household* --- --- --- --- --- P S --- --- --- --- Group living (38.360.135)* P⁴ P⁴ P⁵ P⁴ --- P P --- --- --- --- Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 5 of 7 Lodging houses* --- S S⁵ Sᶟ P P --- --- --- --- --- Transitional and emergency housing and related services (38.360.140)* --- S S S S S S S S --- S Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t addressed in this table). 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 6 of 7 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. The provisions of Section 2 of this Ordinance shall be codified as appropriate in the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 Ordinance No. 2168, NEHMU Zone Text Amendment Page 7 of 7 ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 17th day of September 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 1st of October 2024. The effective date of this ordinance is ______________, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 13543FA6-76A0-4057-B026-D385510539C4 October 31