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HomeMy WebLinkAbout21381 CDB and CC Notice - LaserficheREVISED 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 the entire replacement of the Unified Development Code (UDC), Chapter 38 BMC. The replacement includes both the text of the code and the zoning map. The UDC establishes the procedures and standards for review, development, and redevelopment of land within the City. 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 revised UDC continues implementation of the City’s adopted land use plan, housing plan, sustainability plans, and other issue plans. Improvements 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, 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 avoid or mitigate impacts of additional development. The City encourages early public participation during development and adoption of plans and regulations. The Montana Land Use Planning Act further emphasizes public involvement during the policy-making stage and creation of regulations more than during development permitting. The Act establishes that all site review is an administrative review and decision and specifies methods and timing for public comment on individual applications. Public comment opportunity focuses on compliance with adopted standards and whether impacts were previously addressed during adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations, or as part of the individual application. Zoning and subdivision regulations must be consistent with the City’s land use plan and other adopted issue plans. When and Who: On Monday, November 3 and 17, 2025, at 6:00 p.m., the Planning Commission will conduct public hearings to receive public testimony and consider a recommendation on the replacement of Chapter 38, Unified Development Code, in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. The Community Development Board is the appointed planning commission as of this notice. Members of the public may also be able to participate remotely via a virtual platform. 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/home under the Events section. On Tuesday, December 2, 2025, at 1:00 p.m., the City Commission will conduct a public hearing to receive public testimony and consider possible adoption of the replacement of Chapter 38, Unified Development Code, in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public may also be able to participate remotely via a virtual platform. 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/home under the Events section. How: The replacement will be implemented by adoption of an ordinance by the City Commission after receiving a recommendation from the Planning Commission, considering public comments, and considering the criteria for adopting regulations under the Montana Land Use Planning Act. The regulations must be consistent with the adopted land use plan (the Bozeman Community Plan), and associated issue plans, which are the basis for implementing regulations. The final adoption document and zoning map will include all items included in this code and map update and any other amendments that have independently completed the adoption process after this notice. 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 authority and required criteria established in the Montana Land Use Planning Act, 76-25-301, 76-25-304, 76-25-401, and 76-25- 403, MCA. 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 the proposed replacement UDC for compliance with applicable regulations, refine language in response to public comments, and provide analysis of criteria and comments. The Planning Commission must provide a recommendation on the proposal. As part of their recommendation, they 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 replacement 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. The complete text of the proposal and draft zoning map is available through the project website, engage.bozeman.net/udc, or in print at the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582-2260. The proposal may be revised as the public review process proceeds. The City invites the public to comment in writing and to attend the public hearings where oral comments may be provided. Comments may be emailed to comments@bozeman.net. Written comments are encouraged and may be directed to City of Bozeman, City Clerk, 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 the ADA Coordinator David Arnado, at 582-3232. Details: The proposed text and map are complete replacements of all previously adopted text and zoning maps. There will be differences in zoning districts, allowed uses, development standards and processes, and the zoning map. Many elements of the proposed and existing regulations and zoning map are similar if not identical. However, to implement policies from adopted planning documents, like the Bozeman Community Plan, and the new legal framework established by the Montana Land Use Planning Act, many proposed elements are different. Key differences are identified below. This is not an exhaustive list because the changes are too numerous to list individually, and everyone is encouraged to study the entire document and zoning map to understand the full scope and nature of the new regulations. The new materials reflect text and map amendments approved by the City Commission but not yet codified. Formatting, layout, and organization – These proposed changes are unique to Bozeman’s UDC. All reference numbers below are to the locations in the proposed draft. • Each zoning district is portrayed in two parts, one part for lot information, and one part for building information with key standards identified at a high level. See 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 section 38.210.020. • Increased use of graphics to illustrate standards. See for example section 38.260.110. • Wording is revised to be less technical and formal. • Document has been reorganized to place administrative processes at the end and district and use information in the beginning. See Article 7 for administrative processes. Changes to Processes – These process changes are a result of changes in state law. • Administrative decision maker 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 prior to decision but maintaining public notice and comment opportunities in some circumstances. See 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 UDC, under Montana Code Annotated 76-2-304 no longer apply and the state has removed the protest provisions for zoning amendments. See division 38.770. • Administrative appeals process is changed and now has two steps, first an administrative decision may be appealed to the planning commission and second, a decision of the planning commission may be appealed to the city commission. See section 38.760.030. • Public notice of individual site development projects and opportunity to comment has been modified to comply with state law which sets specific timing and methods of participation; public comment on site developments 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 division 38.730. • Review of individual site development or subdivision no longer includes advisory body input. See divisions 38.740 and 38.750. Changes to Development Standards and Zoning Districts – These are in part a result of changes in state law and in part implementation of local adopted policies. • The City has renamed 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, and R2 zoning districts into the new R-A zoning district. R3 is renamed to R-B, R4 is renamed to R-C, and R5 becomes R-D. The RMH district is entirely deleted/ See sections 38.200.020 (lot and building standards) and 38.300.020 (uses within each zoning district) for the new standards. • The names and definitions of most residential uses have been changed to match with definitions used in state law. See section 38.300.020 and article 8. • Deleted the R-O and UMU zoning districts. These districts were replaced on the zoning map by best fit alternative districts and vary by location. See section 38.200.020 and the zoning map. • The number and type of zoning districts, along with allowed land uses have changed. See divisions 38.200 and 38.300. • Removed a requirement that residential lots have a minimum size per home. See division 38.210. • The minimum residential density in residential districts increased, some exceptions to compliance are provided for existing lots. See division 38.210 and section 38.260.030 • Parking for everything except housing – The requirements are simplified, mixed uses given more flexibility, and the required quantity of parking generally is decreased. Some areas no longer require minimum parking, several alternatives to providing vehicle parking have been removed, including the former SID 565. Parking categories will be consistent with the names of land uses. Standards for physical configuration of parking have few changes. Parking has a two-stage implementation to coordinate with state law changes adopted in 2025. See sections 38.300.020 and 38.530.040. • Parking for housing – The requirements are modified in a two-stage implementation to coordinate with state law changes adopted in 2025. Minimum parking requirements in the second stage is substantially reduced to conform with state law. See sections 38.300.020 and 38.530.040. • Short and long-term bicycle parking standards are established that replace the existing requirements that previously linked bicycle parking amounts to the number of motor vehicle parking spaces. See section 38.530.070. • Revised building heights in zoning districts and added a new standard, Wall Plate Height to the RA and RB residential districts, the NEHMU district, and the new B3C district to limit building massing. Building heights primarily stayed the same as allowed previously except in the B3 district which increased. See section 38.210.020, 38.210.030, and 38.220.060 and 38.220.080. See 38.260.100 also. • Revised the building height transitions between zoning districts. Require a greater number of circumstances for a building height transition to provide a less abrupt difference in building heights between adjacent zoning districts. See section 38.260.070. • Replace the information required with a transportation impact study, modify functional standards for how streets are allowed to carry traffic, and revise mitigation criteria and methods for when development must off-set the impacts on streets from additional development. See sections 38.400.060 and 38.710.050. • Merge 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 Article 2 and Division 38.520. Changes to the zoning map – A zoning map must implement the future land use map from the Bozeman Community Plan and shows where the standards described in the text apply. • The R-O and UMU districts were deleted from the zoning text. This requires replacement of the R-O and UMU zoning districts on the zoning map with alternate districts. Due to the many different locations, uses, and future planned uses where R-O used to be, the replacement zoning districts vary by location. • Creation of the B-3C zoning district to reflect the unique building characteristics and historic nature of the area generally located between the alleyway north of Main Street and Babcock and between Grand and Rouse. • Show the RA district (consolidation of the previous RS, R1, and R2 districts) on the zoning map. • Show the RB (renamed from R3), RC (renamed from R-4, and RD (renamed from R-5) districts. • Apply the Public Land and Institutions (PLI) zoning district for all parks and schools which were previously shown as other zoning districts. • The B-2M zoning district replaces most areas of B2 along the Main Street corridor, at Kagy and S 19th, the corner of Baxter and Davis, along College Street, and other select locations. • Replacement of the RMH district with RA district. • Revisions to correlate the zoning map to the future land use map of the Bozeman Community Plan and to correct midblock zoning boundaries. ********