HomeMy WebLinkAbout11-03-25 - Community Development Board - Agendas & Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Public Service Announcements
E. Approval of Minutes
E.1 Approval of Minutes(Ruffalo)
F. Consent Items
G. Special Presentations
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, November 3, 2025
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
comments@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the Board or staff.
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 Chris Saunders, csaunders@bozeman.net
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
+1 346 248 7799
Access code: 947 0602 4018
Approve
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H. Action Items
H.1 Ordinance 2151 Repeal and Replace Chapter 38, Unified Development Code Including Text
and Zoning Map to Comply with the Montana Land Use Planning Act and Implement the
Bozeman Community Plan, Application 21381(Saunders)
I. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board
J. FYI/Discussions
J.1 Upcoming Items for the November 17, 2025, Community Development Board
Meeting(Saunders)
J.2 City Commission Approval of Bozeman Community Plan Technical Compliance Update,
Application 23333(Saunders)
K. Adjournment
Having reviewed and considered the staff report, draft ordinance, public comment, 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 with revisions as recommended by Staff.
This is the time to comment on any non-agenda 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 state whether you are a resident of the city or a property owner within the
city 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.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
City Board meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
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Memorandum
REPORT TO:Community Development Board
FROM:Trenton Ruffalo
SUBJECT:Approval of Minutes
MEETING DATE:November 3, 2025
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:Approve with corrections
FISCAL EFFECTS:None
Attachments:
102025 CDB Minutes.pdf
Report compiled on: October 29, 2025
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Bozeman Community Development Board Meeting Minutes, October 20, 2025
Page 1 of 4
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
OCTOBER 20, 2025
General information about the Community Development Board is available in our Laserfiche repository.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Present: Jennifer Madgic, Ben Lloyd, Hap Happel, Chris Egnatz, Jason Delmue, Mark Egge
Absent: None
Excused: Courtney Johnson
A) 00:04:54 Call to Order - 6:00 pm
B) 00:05:18 Disclosures
C) 00:05:38 Changes to the Agenda
D) 00:05:47 Public Service Announcements
E) 00:05:49 Approval of Minutes
E.1 Approval of Minutes
100625 CDB Minutes.pdf
00:05:55 Motion to approve
Jennifer Madgic: Motion
Ben Lloyd: 2nd 00:06:09 Vote on the Motion to approve The Motion carried 6 - 0.
Approve:
Jennifer Madgic, Ben Lloyd, Hap Happel, Chris Egnatz, Jason Delmue, Mark Egge
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Bozeman Community Development Board Meeting Minutes, October 20, 2025
Page 2 of 4
Disapprove:
None
F) 00:06:33 Consent Items
F.1 00:06:40 Review and Recommendation Regarding the Impact Fee Capital
Improvement Plan for Fiscal Years 2027-2031 for Water, Wastewater, Transportation,
and Fire/EMS Impact Fees
Draft Proposed FY27-31 CIP_Impact Fee Funds.pdf
00:08:30 Chairperson Happel ask Chris Saunders about Consent Item
00:10:01 Motion to approve Recommend approval of the proposed capital improvement plan for impact
fees.
Hap Happel: Motion
Mark Egge: 2nd 00:10:16 Vote on the Motion to approve Recommend approval of the proposed capital improvement
plan for impact fees. The Motion carried 6 - 0.
Approve:
Jennifer Madgic, Ben Lloyd, Hap Happel, Chris Egnatz, Jason Delmue, Mark Egge
Disapprove:
None
G) 00:10:31 Special Presentations
H) 00:10:33 Action Items
H.1 00:10:39 Work Session in Preparation for Upcoming Public Hearings and Review
Process of the Unified Development Code Update, application 21381
00:11:57 Chris Saunders presents to the board
00:44:12 Allison Sweeney provides public comment
01:02:03 Eric Bonnet provides public comment
01:30:54 Angie Kacholik provides public comment
01:45:33 Ammay Morale Saitu provides public comment
01:48:56 Allison Sweeney provides public comment
01:50:08 Cathy Powell provides public comment
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Bozeman Community Development Board Meeting Minutes, October 20, 2025
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02:14:47 Christopher Spoges provides public comment
02:15:05 Allison Sweeney provides public comment
02:17:40 Eric Bonnet provided provides public comment
02:19:56 Jane Manegold provides public comment
02:21:13 Mary Ellen Spoges provides public comment
02:24:46 Cathy Powell provides public comment
02:27:42 Natsuki Nakamura provides public comment
02:30:11 Jim Webster provides public comment
02:32:44 Daniel Carty provides public comment
02:33:42 Beth MacFaun provides public comment
02:43:52 Jim Webster provides public comment
03:02:36 Jim Webster provides public comment
03:04:57 Allison Sweeney provides public comment
03:08:03 Jane Manegold provides public comment
03:08:47 Christopher Spoges provides public comment
03:10:29 Tammy Mingey provides public comment
03:13:45 Beth MacFaun provides public comment
03:14:13 Mary Ellen Spoges provides public comment
03:39:30 Jane Manegold provides public comment
03:44:31 Angie Kochelik provides public comment
03:48:49 Christopher Spoges provides public comment
03:50:00 Tammy Bingey provides public comment
03:52:53 Jim Webster provides public comment
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Bozeman Community Development Board Meeting Minutes, October 20, 2025
Page 4 of 4
03:57:39 Allison Sweeney provides public comment
03:59:08 Daniel Carty provides public comment
04:00:11 Beth MacFaun provides public comment
04:02:16 Natsuki Nakamura provides public comment
04:04:17 Ammay Morale Saitu provides public comment
I) 04:21:56 Public Comments on Non-agenda Items Falling within the Purview and
Jurisdiction of the Board
04:22:32 Jim Webster provides public comment
04:23:40 Christopher Spoges provides public comment
J) 04:23:57 FYI/Discussions
J.1 04:24:00 Upcoming Items for the November 3, 2025, Community Development
Board Meeting
K) 04:24:14 Adjournment
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Ordinance 2151 Repeal and Replace Chapter 38, Unified Development Code
Including Text and Zoning Map to Comply with the Montana Land Use
Planning Act and Implement the Bozeman Community Plan, Application
21381
MEETING DATE:November 3, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, 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 with revisions as recommended by Staff.
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 project repeals the entirety of Chapter 38, Unified Development
Code, and the associated zoning map and replaces it with new text
and map. Full details on the project are available at the project
website, engage.bozeman.net/udc. The draft map and text were
released for public review on September 19, 2025. Several public
meetings were held to introduce the draft to the public and answer
questions in advance of the public hearings.
The project establishes a new Chapter 38 to adopt zoning and
subdivision processes and standards, including a new zoning map, in
compliance with the requirements of the Montana Land Use Planning
Act. The City has regularly replaced its zoning since first adopting
zoning in 1935. As the community changes the regulations need to
keep pace, and approximately 650 text and map amendments or
replacements have occurred since 1935.
The new text and map continue the implementation of the City’s
adopted land use plan, housing plan, climate action plan, and other
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issue and area (neighborhood) plans. The housing plan and climate
action plan were adopted in 2020 and implementation has been
ongoing. The nature and scope of this change was directly
communicated in public hearing notices. The land use plan was initially
adopted in 2020 and was updated for technical compliance with
revised state laws and adopted on Oct 28, 2025. Improvements to the
regulations for user convenience such as increased graphics,
simplified language, and document reorganization are also included.
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.
Per Title 76, Chapter 25, Part 3 and 4, implementing regulations for
zoning and subdivision need to be in substantial compliance with the
adopted land use plan. Therefore, the applicable criteria of review are
those set in MLUPA. Evaluation of the proposed regulations against
the MLUPA criteria of adoption is provided in the attached staff report.
Links to the proposed text and map are included in the Executive
Summary of the attached staff report. Links to the text and map as well
as explanatory and summary information is available through the
project website (external link).
Link to draft text (external link)
Link to draft zoning map (external link)
UNRESOLVED ISSUES:Public comment may raise suggestions for potential changes to the text and
map.
ALTERNATIVES:1. Recommend amendments to the text and/or map; or
2. Recommend approval of the draft text and map as presented.
FISCAL EFFECTS:None. Funds for this project were previously budgeted and authorized.
Attachments:
21381 Staff Report UDC Replacement 2025 - CDB.pdf
Process and New Code Review Criteria for Amendments
Memo.pdf
Staff Recommended Revisions to Sept 19, 2025 UDC
Draft.pdf
21381 UDC Repeal and Replacment CDB and CC Legal
Newspaper Notice.pdf
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MLUPA Code Compliance Summary 10-27-2025.pdf
SB382 MLUPA City Commission summary July 25, 2023.pdf
Group Engagement Log -10-27-2028.pdf
Framing System Raised Heel Trusses.pdf
USFWS critical-habitat-fact-sheet.pdf
BOZ UDC_Zoning District Conversion Guide_10.17.2025.pdf
Report compiled on: October 29, 2025
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Page 1 of 56
21381 Staff Report for the Repeal and Replacement of the Unified
Development Code, Chapter 38 Bozeman Municipal Code
Public Hearings:
Community Development – November 3 and 17, 2025
City Commission – December 2, 2025
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 for approval.
Community Development Board suggested wording: Having reviewed and considered the
staff report, draft ordinance, public comment, 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 with revisions as recommended by Staff.
City Commission suggested wording: Having reviewed and considered the staff report,
draft ordinance, public comment, recommendation of the Community Development
Board, and all information presented, I hereby adopt the findings presented in the
staff report for application 21381 and move to provisionally adopt Ordinance 2151.
Report: October 29, 2025
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.
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Project Summary
This project repeals the entirety of Chapter 38, Unified Development Code, and the
associated zoning map. Full details on the project are available at the project website,
engage.bozeman.net/udc.
Proposed regulatory text – made available for public review on Sept 19, 2025
Summary of revisions from prior draft – made available for public review on Sept 19,
2025
Proposed zoning map – made available for public review on Sept 19, 2025
Summary of revisions from prior zoning map – made available for public review on Sept
19, 2025
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 requirements of the Montana
Land Use Planning Act. The City has regularly replaced its zoning since first adopting
zoning in 1935. As the community changes the regulations need to keep pace, and
approximately 650 text and map amendments or replacements have occurred since 1935.
The new text and map continue the implementation of the City’s adopted land use plan,
housing plan, climate action plan, and other issue and neighborhood plans. The housing plan
and climate action plan were adopted in 2020 and implementation has been ongoing. The
land use plan was initially adopted in 2020 and was updated for technical compliance with
revised state laws in fall of 2025. Improvements to the regulations for user convenience such
as increased graphics, simplified language, and document reorganization are also included.
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.
Per Title 76, Chapter 25, Part 3 and 4, implementing regulations for zoning and subdivision
need to be in substantial compliance with the adopted land use plan. Therefore, the applicable
criteria of review are those set in MLUPA. Evaluation of the proposed regulations against the
MLUPA criteria of adoption is provided in this report.
This work continues implementation of a review of municipal standards for housing
construction completed in 2021. The City Commission gave direction to start this code
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replacement 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 of this report for additional background information on this project.
Information on the past activities and progress of the project is available at
engage.bozeman.net/udc, the project website.
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
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 code update process and provided multiple
opportunities to submit comments and recommendations which were incorporated into the
draft text as deemed appropriate. Contact with the boards was made at the beginning of the
project and repeated throughout the project.
The Community Development Board (CDB) is the advisory board assigned by law to offer a
recommendation on the draft text and map to the City Commission. The CDB has been
engaged throughout the entire process of the code update conducting many work sessions,
participating in public outreach; and will conduct a formal public hearing beginning on
November 3rd prior to making their recommendation. They may suggest alternate language in
the text or revisions in the map. The City Commission will carefully consider their
recommendations before making a decision on the draft text or map.
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Staff Recommendations
Staff has continued evaluation of the proposed text and zoning map and public comment
during the public notice period. Staff has identified clarifications, typographic corrections,
graphical improvements, and corrections to references. A list of these items calling out the
section number, page number, and recommended change is attached with this staff report.
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 and presented in this
report for adoption of zoning and subdivision regulations. At that point, the Board may:
1. Recommend amendments to the text and/or map; or
2. Recommend approval of the draft text and map as presented.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan Implementation ............................................................................................ 3
Advisory Boards ................................................................................................................. 3
Staff Recommendations ...................................................................................................... 4
Community Development Board Alternatives.................................................................... 4
SECTION 1 - RECOMMENDATIONS AND FUTURE ACTIONS ...................................... 5
SECTION 2 - MAP SERIES .................................................................................................... 6
SECTION 3 -MONTANA LAND USE PLANNING ACT STAFF ANALYSIS AND
FINDINGS REGARDING STATE CRITERIA FOR ZONING AND SUBDIVISION
REGULATIONS....................................................................................................................... 7
Zoning Criteria – MLUPA 76-25-304(2)(c) ....................................................................... 8
Zoning Criteria – MLUPA 76-25-304(5)(d) ..................................................................... 41
Subdivision Criteria – MLUPA 76-25-403....................................................................... 41
SECTION 4 – FUTURE LAND USE MAP CORRELATION WITH ZONING .................. 45
SECTION 5 - IMPLEMENTATION...................................................................................... 48
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 49
APPENDIX B - ADOPTED PLANS & RESOURCES ......................................................... 53
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 54
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF .................... 55
FISCAL EFFECTS ................................................................................................................. 55
ATTACHMENTS ................................................................................................................... 55
SECTION 1 - RECOMMENDATIONS 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 Commission will hold a
public hearing beginning on November 3, 2025, at 6 pm. The hearing will be continued to
November 17, 2025.
The City Commission is scheduled to hold a public hearing on the new regulations on December
2, 2025, at 6:00 p.m.
Project Logo – click on the image to go to the project website.
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SECTION 2 - MAP SERIES
The future land use map may be seen in greater detail through the Community Development
web viewer.
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The proposed map may be reviewed online and compared with the existing zoning map. The
online map may be zoomed in to individual areas and seen in greater detail.
SECTION 3 -MONTANA LAND USE PLANNING ACT STAFF ANALYSIS
AND FINDINGS REGARDING STATE CRITERIA FOR ZONING AND
SUBDIVISION REGULATIONS
The Montana Land Use Planning Act, Title 76 Chapter 25 MCA, entirely replaces the criteria
for adopting or amendment zoning and subdivision regulations. Some elements such as
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compliance with planning documents (land use and issue plans) continue. Most previous
criteria for approval of zoning or subdivision regulations 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. Applicable criteria are established in 76-25-
304(2)(c)&(d) and (5)(d). The City’s choice of zoning standards is constrained by the
prohibitions of 76-25-303.
In considering map or text amendments for 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 within the requirements of state law. 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.
Zoning Criteria – MLUPA 76-25-304(2)(c)
A. The zoning regulation and map as proposed or as amended would be in substantial
compliance with the land use plan.
Overall: Criterion is met.
The Bozeman Community Plan (BCP) technical compliance update was adopted by
resolution on October 28, 2025, after the required 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 as well as the main body of the BCP address state
required elements.
76-25-106(4)(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;”
The issue plans supporting the land use plan have individually been adopted after due public
process and are incorporated into the BCP by reference on page 18 and Appendix B. These
include the Community Housing Action Plan, Climate Action Plan, and numerous others.
A land use plan provides a high-level vision of how a community plans to develop over time.
A land use plan is not a regulatory tool. However, it is the required basis for zoning and
subdivision processes and standards which are regulatory and have force of law. A land use
plan 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
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to direct action. This material can be provided in a single or multiple documents. The state
also authorizes communities to adopt area plans to plan at a more localized level and greater
detail. The area plan is subordinate and must be consistent with the overall land use plan.
Bozeman adopted the Bozeman Community Plan 2020 (BCP) in November 2020 after an
extended public process, substantial public participation, and inclusion of all required
elements. The BCP was updated with new data and document references in fall 2025 to
conform to revised state requirements for content and review processes. No changes to goals
or objectives were made with the update. Page 18 provides a list of the separate documents
which support and make up elements of the required data and analysis required. Appendix B
provides links to those documents and other resources that provide data in support of each
required topic of evaluation. Many plans and documents are needed to address the wide
range of required content in a land use plan. 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 land use plan and provides part of the policy direction
and support for the implementing regulations.
Two additional documents 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 identifying an intended geographical distribution 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. Most designations can be implemented by more than one zoning district.
Chapter 4 of the BCP includes a list of 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 review cycle. The City prepares an annual report identifying implementation
actions taken during the prior fiscal year.
Chapter 5 of the BCP considers the amendment criteria and describes how they will be
applied in Bozeman. The analysis in this report is consistent with the direction given in the
BCP.
A land use plan 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 land use plan compliance for adoption of zoning
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requires evaluation of positives and negatives for different goals and actions. Ultimately, the
City Commission must find a balance between competing priorities. This process is
consistent with the provisions of Article II of the Montana Constitution that both identifies
Inalienable Rights but also identifies that persons enjoying those rights also have
corresponding responsibilities.
Section 3. Inalienable rights. All persons are born free and have certain inalienable
rights. They include the right to a clean and healthful environment and the rights of
pursuing life's basic necessities, enjoying and defending their lives and liberties,
acquiring, possessing and protecting property, and seeking their safety, health and
happiness in all lawful ways. In enjoying these rights, all persons recognize
corresponding responsibilities.
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, in conjunction with requirements of state law, 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, subregions of the
community, and the City as a whole. Developments should contribute to these goals and be
integrated into their surroundings and the larger community. To achieve this outcome the
City establishes zoning standards including but not limited to open space, mass and scale
parameters, and stormwater and utility requirements to mitigate impacts. Integration does not
mean that new development must be the same as what is existing in the area.
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UDC Text: Criterion is met.
As a key tool to implement the land use plan, zoning must be in accordance with the land use
plan per 76-25-305, 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.
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 lower density 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. Land within a
development that is not used for housing, such as street right of way or floodplains, is not
included in the calculation for minimum density.
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
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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.
The draft code reflects state direction to remove barriers to construction of new housing. The
RA district allows a greater range of housing alternatives than the prior zoning did. However,
it also includes standards to limit mass and scale of new construction to avoid one building
being significantly visually dominant. The draft RA district provides for incremental increase
in dwellings in new construction or renovation of existing buildings that was not previously
provided. This site-by-site individual investments will enable gradual change and the code
framework provides predictability.
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. The code also includes development
standards for group and congregate housing to ensure that adequate services are available and
to minimize negative impacts. Over the past 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
land use plan 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 draft code provides
additional latitude to remodel existing structures into a greater number of homes while
limiting the physical expansion of the structure. The annual land use inventory shows areas
developed prior to zoning have an existing pattern of mixed housing types. 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 zoning districts 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.
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There are many distinct areas of Bozeman, and the sense of place therefore has different
meaning in different locations. 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 part of Bozeman’s historic preservation program. Coupled
with educational efforts and encouragement of good property stewardship, the NCOD
supports maintenance, reinvestment, and appropriate renovation of historic buildings. The
NCOD interacts with many different land uses and zoning districts and there is not a single
character of the area but varies considerably from place to place.
MT Dept. of Revenue data reviewed during the preparation of the BCP indicates that most
homes in Bozeman are in very good condition, this includes within the NCOD and reflects
long-term trends of reinvestment in existing structures. 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 differently than the base development standards.
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 development 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 standard is further refined 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 pattern of development in an area with incremental
change more than dramatic changes.
The type of development and intensity of development are defining features of individual
zoning districts. Establishing minimum density requirements for residential districts is part of
what distinguishes one district from another. The City relies on zoning as part of its
infrastructure planning. Having a more reliable outcome of housing construction in
individual zoning districts assists in ensuring pipe or street sizing is coordinated with demand
and avoids over expenditures when larger facilities are not needed or duplicative work to
address undersized facilities.
C. Many of the existing residential areas of the community are designated on the
proposed zoning map as the RA and RB zoning districts. The RA district consolidates three
previous lower density zoning districts. It remains a primarily residential zoning district.
Some areas were developed prior to zoning and show diverse residential types, and some
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areas are more single type development. Bozeman has allowed multiple types of residential
uses in all residential zoning districts for decades.
The RA and RB districts add a standard for wall plate heights (38.210.020 and 030) 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 and duplexes and
an opportunity to remodel existing structures to allow up to 4 units. To help maintain an
acceptable range of mass and scale, the zoning districts include 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 specified zoning boundaries meet mid-block. Properties
separated by a right of way of 60 feet or greater are not subject to the standard. A local street
right of way is usually 60 feet. 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.
Concern about differences in height between districts has been a frequent public comment
during the code update project.
The City Commission also directed the staff to revise the zoning map to reduce where
possible the number of locations where there are midblock zoning boundaries between
residential and non-residential districts. Those changes have been made to the proposed
zoning map.
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 within the Main Street National Register Historic District.
The Downtown Improvement Plan (an area plan under the BCP) encourages additional
commercial and residential development throughout the 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
the boundary of the district. These include adjusted parking requirements within the district
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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 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, reduces parking requirements in
the B3 district, and due to the reduced requirements 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 wear and functional obsolescence 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, R5 and other districts have been
updated to support redevelopment as well as greenfield development such as with adjusted
parking requirements and simplified building design requirements. 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.
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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 and new
construction.
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.
In response to public comment, the City Commission discussed the scope of residential
development that should be allowed in the RA district. A change was made to allow existing
buildings which meet the definition of infill to be renovated to allow more dwellings per
structure than would normally be allowed. This provides greater housing flexibility while
limiting expansion of existing buildings, see 38.320.030.A.
B. As discussed under the prior set of goals, item C, the proposed zoning consolidates
three 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 and under MLUPA allowance for duplexes is one of
the housing supportive actions City’s may take to comply with 76-25-302. The RA district
complies with this law and the above BCP goals.
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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.
Parking is a common public comment on site development with most commentors voicing
concern on adequacy of parking. The 2025 state legislature passed House Bill 492, that limits
the ability of local governments to require parking for residential and other development. The
updated UDC responds to this limitation in 38.530.040.
The City has tools beside zoning to address parking management. The City has established
parking districts, created the parking benefit zone tool, and established time limits and shared
parking facilities in the downtown.
D. MLUPA requires the land use regulations to provide administrative decision making
for all site development including preliminary plats, plans, and variances. MLUPA also
changes and reduces the scope of notice allowed for development. These procedural changes
are applicable throughout the City. The intent of these state requirements is to make
development a more predictable, faster, and simpler process with focus on public
engagement during the policy development phase rather than during individual site
application review.
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. 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. The initial draft of the Chapter 38
update proposed to change height limits to be measured in stories in all districts. The
Downtown Improvement Plan made a specific recommendation to measure height in the B3
district in stories and to increase the number of stories allowed to seven.
In response to public comments, the City Commission directed the draft be revised to return
to measuring building height in feet rather than stories. The draft has been revised to match
this direction. The maximum height in the B3 zoning is increased in the draft code.
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The state, in 2025, limited the City’s ability to limit building heights in industrial, downtown,
and heavy commercial zoning districts. The draft code has been revised to increase heights as
needed to conform to the new law.
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 the RS, R1, and R2 districts. The RO, RMH, 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. A greater number of
uses are established as principal uses which reduces the complexity of application submittals
and reviews.
MLUPA mandates that all site-specific development be approved or denied by the Planning
Administrator which for Bozeman is the Director of Community Development. This includes
subdivisions, variances, and some deviations for historic preservation which previously were
reviewed by the City Commission. The notice process has also been revised to conform to
MLUPA which establishes a common notice process for both zoning and subdivision
development.
MLUPA requires that the local government identify those circumstances where a
development may be denied due to non-compliance with code. Review of a development
proposal compares the proposed development against the adopted standards of Chapter 38.
The City must prepare and provide written findings of its review and decision as part of any
final action to approve or deny an application. This is consistent with existing practice for
both zoning and subdivision reviews.
The review process evaluates against the actual adopted standard. The description of the
evaluation process for site plan development in 38.740.090 has been clarified so it is clearer.
that it is conformance of the application to the actual standard that is being reviewed and
documented. Wording has been made more direct and pointed more clearly to the specific
portions of code being applied. This makes the review process more transparent and removes
wording that could be misunderstood as establishing an additional standard. Greater clarity
makes the code more user friendly for all, reduces corrections for applications, and thereby
reduces the review time frame.
The City can impose conditions of approval and require more than minimum compliance
with the code, see 38.100.050. To establish such conditions the City must demonstrate a
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rational basis and proportionality between the evidence supported impacts of development
and the condition being proposed.
The state passed SB 252 in 2025. This new law requires the City to treat all types of housing,
manufactured, site-built, or factory built under the same set of standards. This reduces
distinctions between very similar structures used for the same purposes and simplifies
application of standards and processes.
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.
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 methods to demonstrate compliance were changed. The initial
proposed code in 2023 largely kept the residential requirements the same but took 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.
In 2025, the state restricted the ability of the City to require parking. This includes a
prohibition on requiring parking for homes less than 1,200 sq. ft. and any size home of deed
restricted affordable housing. Therefore, the provisions of 38.530.040 have been modified
with the updated draft. The state parking restrictions do not take effect until Oct 1, 2026. The
code has been written to maintain Bozeman preferred parking requirements until that date
and then transitions to meet the state restriction.
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 will be
done based on gross square feet for all uses for greater consistency and simplicity. As not
every use may fit the general categories identified in code a process to do a custom parking
study to establish alternate requirements is included. 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.
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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. The Parks Department is reviewing
implementation of that document which will follow completion of the UDC update and will
likely result in modifications to standards for active transportation (bike and pedestrian)
facilities.
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 but not removed entirely. The differences in
mass and scale, operational needs, and impacts of development still justify establishment of
different zoning districts. Some uses have characteristics that support separation from other
uses. The use of a structure is the primary driver of many development impacts such as water
demand, sewer outflow, transportation demand, and park demand so consideration of use
remains part of the review process.
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. The decision maker has been more clearly
determined and consistent between legislative and quasi-judicial decisions.
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.
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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. (38.710.070)
• Including in the definitions of Essential Services 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. (38.800.060)
• 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)
• Encourage and require drought tolerant and native species use (38.410.080,
38.540.040, and 38.620.010.E). Water conservation related edits were completed
previously and are integrated into the updated code draft now in review.
The City has also taken non-regulatory actions in support of these goals such as expanding
solid waste services to include organics composting, studying and reporting on the local
foods systems, and providing a variety of rebates to support water conservation actions.
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
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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
proposed to be included in the BP, RB, and RC districts to support ready access and lessen
need for motor vehicle travel. Expansion of uses in the R districts was supported and
encouraged by elements of public comment from surveys and other engagement tools. As a
standard specific to the RB and RC districts, the additional uses are authorized in mixed use
buildings.
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 of the UDC update, implementation of that document will likely result in
modifications to standards for active transportation (bike and pedestrian) facilities. The
Department of Transportation and Engineering has conducted several studies to identify gaps
in the multi-modal network, locations where connections can most effectively expand or
complete the system and identified funding sources for this work. Bicycle parking
requirements have been updated and refined to be more effective with the UDC update.
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 the district rather than
delete the district.
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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 Artisan Manufacturing land use which is 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 zoning district correlations is provided in Section 4 of this report.
The proposed zoning map shows differences from the prior map due to deletion of the RMH,
RO, and UMU zones, creation of the B3C zone, consolidation of districts to create the RA
zone, renaming of zones, 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.
Dozens of corrections to the zoning map were made to match with the FLUM. The proposed
map is more consistent with the FLUM and the text of the BCP. Therefore, the zoning map is
consistent with the adopted land use plan.
13. Single-type housing districts.
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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 zoning districts limited to single housing type 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 three 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. These three districts have the same residential types
allowed so merging them provides a simpler code but does not materially change the allowed
uses in the area.
This change in the text must be depicted on the zoning map. The areas previously shown as
the RS, R1, and R2 districts which were merged are shown as RA on the map. Other districts
have also been renamed and are so identified on the map. This merger is also consistent with
state mandates adopted in 2023 and is one of the options to meet housing support
requirements as required by the state and discussed in Criterion B below.
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. Honor history, neighborhoods.
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 part of Bozeman’s historic preservation program. Coupled with
educational efforts and encouragement of good property stewardship, the NCOD encourages
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 NCOD and other elements of the City’s
historic preservation efforts are under review under a separate task, the Landmark program
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review. The second phase is underway and potential revisions to municipal code are expected
to be proposed in 2026 after the UDC update is completed.
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 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 land use plan rejects the notion of homogenous neighborhoods of only
a few types of housing stock. MLUPA likewise strongly supports integration of multiple
housing types in residential areas.
15. 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. The
merger of districts as discussed in 13 above advanced this goal. The state also passed a law in
2025 that requires that manufactured homes and factory built homes be treated the same as
site built homes. An outcome of that requires is the removal of the RMH zoning district.
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B. Accommodates the projected needed housing types identified in the land use plan.
Text: Criterion met.
This criterion focuses on the types of housing rather than the number of dwellings required.
The projected housing needs are discussed in Appendix B of the BCP, in the Population and
Housing Forecast prepared in support of the BCP, the Community Housing Needs
Assessment, and in the Community Housing Action Plan (CHAP).
The Montana Land Use Planning Act defines a range of housing types spanning from single
homes to buildings with five or more homes. 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.
People have many different housing needs. In addition to the individual home types defined
by the State the code also provides for a variety of shared living, congregate care living, and
group living alternatives. This additional flexibility allows personal choice and flexibility to
meet personal preferences and needs and US Fair Housing Act compliance.
One new defined use is Fraternity/Sorority House (FSH). An FSH is a subset of group living
but addresses the accessory assembly activities associated with the use. The residential
districts allow places 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: Criterion met.
The proposed zoning map provides locations for all zoning districts. As described in Section
3, Criterion A, elements 1 and 13, as part of land use plan 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.
C. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Text and Map: Criterion met.
The City 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 76-25-302 that are
highlighted in green. Additional items will occur over time, like (c) or have been partially
met under certain conditions like (g) and (m).
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(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is
permitted;
(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;
(c) eliminate or reduce off-street parking requirements to require no more than one parking
space per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-
unit dwellings or reduce the fees by at least 25%;
(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;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at
least 25%;
(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;
(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;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes
are permitted uses.
(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
For additional support for housing above and beyond minimum state requirements, 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
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allow housing. The City conducted careful financial feasibility analysis 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. However, the state has enacted laws that effectively remove many of the
incentives such as reduced parking.
The CHAP, page 5, looking forward from 2019 data, showed 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. The City has issued building permits for over 8,850
homes of all types since July 1, 2020. The most current information is included in Appendix
B of the BCP in sections 76-25-203 and 76-25-206.
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 minimum
density 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 in the RA and RB districts. As noted in MLUPA, Sections 76-25-103 and 76-
25-302, 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. Minimum residential densities also are important in utility planning
as discussed below.
As discussed above in several elements of land use plan compliance, a mix of housing and
urban density housing advances many goals of the BCP and MLUPA.
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 76-25-207.
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, project future demand for services, and identify enhancements needed to provide
that additional service needed by new development or to maintain services for existing
development. The planning area for most services is the same as the planning area for the
BCP and includes the existing city limits and areas that may be annexed in the future.
Appendix B of the BCP in section 76-25-207 identifies and links to individual plans. 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
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and projects, private development, and public engagement in deciding priorities. The annual
plan is presented each fall and is reviewed and adopted in various public meetings.
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. Although an
area may be planned for service, planning alone is not assurance of actual service. Probable
intensities of use are informed during the planning process by existing zoning and future land
use designations. All zoning districts in Bozeman enable a wide range of uses and intensities.
At time of future subdivision or site plan review the need for individual services can be more
precisely determined due to the greater level of available detail in the development application.
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. If there is an identified
deficiency a method to correct that deficiency must be identified and determined to be adequate
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to meet services. This is assured with the review process required by MLUPA for zoning and
subdivision projects. When necessary, service capacity may be increased before construction
is allowed. Extensions of sewer 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.
Adequate service is supported by the issue plans described above. Those services support
health and welfare 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 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.
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.
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. 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 to ensure fully functional transportation.
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: The proposed zoning map only encompasses the City limits. The City does not zone,
although it does do planning, outside of its legal boundaries as there is not an interlocal
agreement with Gallatin County in place to allow such extra-territorial regulations. Inside the
City, the issue plans demonstrate where the services listed in the criterion are presently
provided or can be extended.
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The correlation of zoning districts to future land use designations on Table 4 of the BCP
enables identification of future zoning within the planning area. The final district locations
and classifications are established in conjunction with the annexation process.
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
through the annexation process 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
past events 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 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. Appendix B of the BCP contains information on school enrollment trends and
capacity.
The zoning map is drawn to be consistent with the future land use map from the BCP.
Implementing the adopted land use plan advances the general welfare by carrying out the
established public policies.
The map itself does not establish a standard for construction of infrastructure or provision of
services. However, placement of uses is 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
page 18 of the BCP 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. Essential Services are a three-tier
defined use and assigned to zoning districts to enable placement of both public and private
utilities
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As stated in 38.200.020.E, cited above, 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.
E. Allows sufficient area for existing, new, or expanding commercial, industrial, and
institutional enterprises the local government has identified in 76-25-208 for targeted
economic growth in the jurisdiction.
Criterion met.
Text: The Population and Housing Forecast prepared in support of the BCP examined 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 2024 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 future land use map of the BPC includes additional area designated for location of
employment, institutions, and services. The future land use map and zoning are coordinated
so that future annexation and zoning of these areas will facilitate construction of needed
elements of this criterion.
The 2023 update to the Economic Vitality Study provides updated information on the
characteristics of the economy. The 2025 Labor Day report from the MT Dept. of Labor
identifies remote work as a significant growth factor in Montana’s economy. Bozeman is
well positioned to benefit from these trends with several shared workspaces opening recently,
rapid broadband speeds, and proximity to technology related job clusters. This lessens local
demand for traditional brick and mortar employment facilities but maintaining employment.
Map: The annual land use inventory as of December 31, 2024, showed that the employment-
oriented zoning districts (excluding PLI) had 975 acres of their combined area as vacant or
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undeveloped which are available for additional development. Opportunities exist in several
urban renewal districts for additional development or redevelopment. Several large
redevelopments recently increased 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 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 76-25-209.
Criterion met.
Text: The City’s zoning regulations only apply within the municipal boundary. Agricultural
properties are primarily outside of the City boundary. The opportunities for use of natural
resources are limited as there are no mines, forests, fisheries, or similar commercial natural
resources inside the city or the planning area. There are no known such facilities to be
protected.
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 the BCP. 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 and is not a commercially oriented
forestry action.
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 identify and protect
agricultural water use facilities (38.310.010 and 38.710.050.A.8). Such facilities must be
identified early in the development process and coordination with ditch owners/users is
required. 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 the 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.
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G. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
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 water features in the past and is currently working on an upgrade to the data in
conjunction with several partners. 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.
These regulations focus on identification and protection of watercourses, wetlands and
floodplains and emphasize avoidance of impacts as a first preference. 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 BCP, Appendix B, discusses the circumstances under which the City sees it appropriate
to protect natural features and when they are inconsistent with urban development.
The US Supreme Court 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
evaluated what changes to the City’s regulations were needed and text amendments to revise
processes and protections for wetlands and watercourses were adopted in fall 2024 and are
merged into the draft UDC text.
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 (public water works), 70-17-
112 (prohibiting interference with canal and ditch easements), and the MS4 (stormwater)
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permit. The City does not repeat those standards in its zoning as that would be duplicative
and potentially confusing or contradictory when state and federal standards are revised.
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,
updated in 2024, provides greater details for the physical construction of pipes and
infrastructure.
The City also provides non-regulatory resources to help identify areas where development
may be challenging or unwanted. The online viewer for the Gallatin Valley Sensitive Land
Protection Plan provides robust data for many different subjects. This and other data helps
designers and landowners make more informed decisions before submitting applications for
development.
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 75-25-209.
Criterion met.
Text: The City mapped the contours of the city as part of its ongoing GIS development and
data updates. This information is updated during the City’s regular air photos and related data
updates. Aerial photos have been updated in 2025 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 slopes, greater than 4:1, 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 state prohibits zoning regulations that intrude into the subject
matter of building codes, which is reiterated in the MLUPA granted authority to adopt zoning
regulations. The City also plans for and monitors fire protection requirements (38.410.090).
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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 and
related development standards, 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 and avoidance of construction within floodplains. 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 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. Known faults have been mapped and
these and other hazards were identified as part of the BCP data sets. Faults within the
planning area are to the NE along the Bridger mountains and are not within but are nearby
the City.
Many of the development standards adopted for daily operational function of the city also
address protection from natural hazards. Multiple points of vehicle and pedestrian access
support evacuation routes and alternative methods of travel, prevent blockages of emergency
vehicles due to congestion, and provide natural fire breaks. Looped water mains help ensure
adequate firefighting water flow and lessen the likelihood of loss of water availability. Parks
provide staging areas and rally points for persons and equipment responding to an
emergency.
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. The authority for building codes
is distinct from authority for zoning.
Map: The zoning map does not need to reach a level of detail to depict individual
watercourses or similar natural features. The zoning standards protecting from or minimizing
hazards apply uniformly in all zoning districts and therefore do not need to be included as
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part of the zoning map. 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. The City shares the zoning map through the
Community Development viewer and Public Works viewer that allows the zoning map to be
viewed in conjunction with other data, including watercourses, contours, infrastructure of
various types, and many other topics.
Historically, some intensive development, such as portions of the B3 area along Bozeman
Creek, developed in areas that would not be acceptable today. Those properties are protected
by state law and municipal code as non-conforming structures. The map does include those
areas for the uses that exist there. Incremental improvements are pursued as opportunity
allows to improve safety.
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.
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. 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 individual issue plans consider the existing and expected
future demands for service and identify needed improvements. The various plans or other
data supporting evaluation of this criterion are identified in Appendix B of the BCP.
Individual plans are routinely updated and each update refreshes the analysis. The latest
edition of each plan is used in review of proposed development.
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
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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, 2024, 78% of the land within the City had already been developed.
As shown in the data from Appendix B of the BCP, much of the developed area of the City is
of recent construction and far from reaching obsolescence. The majority of the developed
areas of the city are less intensively developed than the existing zoning allows. Much of the
older areas have seen substantial renovation and reinvestment over the past 20-30 years and
are in good condition. It is difficult to assemble larger parcels for substantially more intense
development from diverse ownerships and the recent construction and good condition
increase costs of property acquisition. Therefore, although there is additional intensity
possible under the district standards of 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 and
have unique funding sources available to install updated infrastructure. 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. The City has developed robust computer models of water and sewer
systems and can evaluate the consequences of larger proposals as needed. The City monitors
flows and annually evaluates needed revisions and expansions as part of the capital
improvement plan adopted each year by the City Commission.
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
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.
The individual zoning districts included within the proposed draft do not materially increase
allowed development densities. For instance, the existing R1 district has a minimum lot area
requirement for a single detached home of 4,000 sq. ft. The proposed code does not include a
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minimum lot area requirement. It does have a minimum density requirement of 10 dwellings
per net acre which is equal to individual lots of 4,356 sq. ft. The revised districts do provide
for a greater degree of flexibility of design and range of uses. However, personal housing
preferences and practical requirements will still constrain actual construction. Collectively,
for the city as a whole, the impact should be within the 20% threshold of significance. The
development potential analysis for the housing element of the BCP demonstrates that most of
the city has not developed to the existing limits allowed by zoning.
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 section of the staff report, 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. The City
updated standards for evaluation of wetlands in fall 2025 and those revised standards are
included in the text draft.
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. A zone map amendment to identify municipal zoning is done in conjunction with
the annexation. The map amendment provides a baseline degree of development against
which to evaluate probably future needs. 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.
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Zoning Criteria – MLUPA 76-25-304(5)(d)
J. 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
(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.
Criterion met.
The analysis provided in A-I demonstrates compliance with these two requirements.
Subdivision Criteria – MLUPA 76-25-403
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
subdivision process is substantially compliant if it includes the process steps required by
MLUPA. See analysis above for discussion of zoning compliance with the land use plan.
The subdivision regulations focus on review process and survey requirements and 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.
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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 3, Zoning 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,
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 review authority may not approve subdivision until they have
made findings of compliance with the adopted regulations, see 38.750.090.
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, Zoning Criteria. Existing law and MLUPA
limits the ability of a local government to require a subdivider to contribute towards capital
facilities related to education, 76-25-413(2). Education trend data included with Appendix B
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of the BCP show a low rate of increase demand for education facilities. The City does not
operate schools.
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 land use plan and 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.
No element of the subdivision regulations limits the uses allowed by the zoning districts. The
zoning standards, issue plans, and other adopted standards and code ensure services will be
provided. See Zoning Criterion E.
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 met. 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
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 be materially affected by the subdivision process. The
choice to pursue subdivision is made by the landowner. The landowner determines what will
maximize their use of the land.
The zoning standards, applied during the subdivision review process, require contact and
coordination with agricultural water user facility owners and users. Modification to such
facilities much be coordinated with and approved by the owners and users according to state
law.
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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 above 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 Montana Land Use Planning Act relies on zoning to establish standards
for development which subdivision review then implements. The platting process is
predominantly a surveying exercise to establish boundaries of tracts, establish parks, and
right of way. The proposed plat application must demonstrate compliance with adopted
zoning standards. The proposed zoning restricts development, including division of land, in
areas not suitable for development, such as a floodplain or excessively steep slopes. Detailed
information must be provided as required in 38.710.050 to demonstrate compliance with
zoning at the time a preliminary plat is reviewed. See also Zoning Criterion H above.
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 met. 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 zoning standards which are adopted to ensure impacts are avoided
or addressed. 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. The City has established other standards for utility operations
and infrastructure construction outside of Chapter 38 as well as those adopted by zoning.
Therefore, the subdivision process does not alter the standards adopted to address these
issues. See also the Zoning Criterion I.
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SECTION 4 – FUTURE LAND USE MAP CORRELATION WITH
ZONING
Chapter 3 | Future Land Use of the Bozeman Community Plan, establishes the future land use
map, describes the land use designations shown on the map, and identifies which zoning
district implements which land use designation. The following excerpts from the BCP
describe the relationship.
“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 as compliance between the future
land use map and zoning map is required. Two images follow. The first shows the existing
BCP Table 4 using the existing zoning district names. The second shows the same BCP
Table 4 from the recently adopted technical compliance update future land use designations
but associates the new names. This description is not an amendment to Table 4 but an
illustration of how the updated zoning districts implement each future land use category.
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Existing Correlation with Zoning
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Proposed Correlation with Zoning
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SECTION 5 - IMPLEMENTATION
Sequence – When the City Commission approves an Ordinance that changes land use rules
there is a two-stage adoption period. First, an ordinance must be approved two times with a
minimum of 12 days between them. The initial approval is called provisional adoption, and
the last approval is final adoption. Minor changes may be made to an ordinance between the
two actions such as punctuation and numbering, correction of misspellings, or similar small
items. The 12-day separation requirement means that the approvals happen at two
Commission meetings, which are usually two weeks apart. Second, the ordinance has a set
effective date which is a minimum of 30 calendar days after the second approval. The
Commission may extend the effective date for many reasons, such as to provide time for
community education on the ordinance, provide time for revision to administrative tools like
application forms, or to have the transition occur at a time seen as enabling a smoother
transition.
Project Review – The City receives hundreds of applications for land use review every year.
Inevitably, there are some that are mid-process when the effective date of an ordinance
occurs. The process for completing these reviews recognizes that changing the rules mid-
review causes problems. The City has established in current and proposed code a clear line
for when an application carries through on an earlier set of regulations and when they must
comply with the new application. In the new code this is referred to as a “complete
application”. A complete application means that an application contains the needed materials
for the City to process the application, including any application fee. The Development
Review Committee (DRC) is the entity in the review process that determines if an application
for a site plan or subdivision is complete. The DRC are the staff technical experts who can
evaluate whether necessary data to determine if an application meets the code standards has
been provided. A determination that an application is complete does not mean an application
will be approved, only that the necessary information has been provided for the review.
If an application has been deemed complete, then the review process follows the regulations
in place on the date it is deemed complete. This includes noticing of the application, who
makes the decision, how long an application may be approved for, and the criteria of
evaluation in the review. Therefore, any application deemed complete on or after the
effective date of the new UDC will follow the new processes and standards.
Text and Map Availability – The City shares its municipal code to the public through a web
host called Municode. This company will take the new UDC document and integrates it with
the entire municipal code and adds hyperlinks so that it can be searched, browsed, or
downloaded as a Microsoft Word file. The new UDC is a large document, and it may take
several months for all this work to be completed. The UDC document once adopted by
ordinance will continue to be available through the Engage Bozeman project website until
the Municode website has been updated and is functional.
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The Zoning Map is created and maintained by the City’s Geographic Information Systems
(GIS) division. Once the ordinance adopting the new map takes effect, the GIS division will
make it available to the public integrated into the Community Development web viewer and
the Public Works web viewer. These web viewers allow the user to see the zoning map in
conjunction with many other related data sets such as air photos, infrastructure locations,
floodplains, the future land use map, historic structures data, recent annexations, and projects
under review. Because the City directly controls the zoning map, the new map will be
available the day the new UDC is effective.
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. The City hired the code development firm Clarion to conduct an
audit of the existing development regulations, and their final report was completed in 2021.
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.
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 state later amended MLUPA through Senate Bill 121
and others in the 2025 legislature. 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. The state has not yet published the updated laws codified
for actions taken by the 2025 legislature.
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Bozeman already uses many of the MLUPA required practices as part of its daily activities,
but some changes were needed to fully implement the bill. A summary is in 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.
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 in 2022-2023 to evaluate issues
and give direction. Five more work sessions were conducted in 2024-2025 to review and
consider public input and determine revised direction in response to the comments.
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 map. Major areas of changes with the UDC replacement include:
Compliance with state law - These are primarily process changes and are discussed in
the attachment regarding MLUPA, Attachment 4.
Layout and usability enhancements including changed organization, layout, and
increased graphics.
Consolidation of residential districts.
Sustainability including urban agriculture allowances, support for recycling and
composting, clarification of provisions for solar energy, support for construction of
additional housing, efficient land use, 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.
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During the public review process, it became necessary to reestablish a prior code distinction
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 broadly 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 summary report of
the project engagement efforts over the first stage 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 five types of
engagement:
Intercept activity;
Focus group meetings;
Consultation with City advisory boards
Public work sessions (primarily City Commission and Community Development
Board); and
Code Connect online information sessions.
The City 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. See summary in attachment 5.
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 to provide an overview of the draft
text and map; public hearings are scheduled and advertised through multiple channels.
Interested persons can review the recordings and minutes of previous meetings and attend in-
person or virtually to participate in upcoming meetings.
The initial primary input for the UDC update and replacement came from the adopted land
use plan, Community Housing Action Plan, utility plans, 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].
A list of meetings is attachment #5.
Chapter 1 of the Bozeman Community Plan 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
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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 58,000 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 in 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,
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 regulations to keep them relevant and effective.
Over the past 30 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.
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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. Data on current housing costs is
available in the BCP Appendix B. 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. This
condition continues.
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 but
located within Chapter 38 includes:
1. Short Term Rentals (completed 2023),
2. Revisions to water conservation standards (completed 2024),
3. Revisions to wetland protection standards (completed 2025),
4. Updating of standards relating to parks and active transportation following
completion of the Parks Recreation and Active Transportation plan adopted on
September 12, 2023, - ongoing, and
5. Review and revision of historic preservation program and standards (Landmark
program - ongoing).
APPENDIX B - ADOPTED PLANS & RESOURCES
The City of Bozeman actively manages its infrastructure. Bozeman has been planning for
change in the community for decades as evidenced by the number and comprehensiveness of
adopted issue plans referenced in each land use plan the City has adopted, including the
Bozeman Community Plan. Documents are hereby referenced and included with this report
for support and justification of adopted standards. See BCP Appendix B.
The planning area for each facility plan generally matches the planning area for the land use
plan. Minor mismatches do occur at fringe locations. Over time, these will be corrected as
each plan is updated and matched to the land use plan 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.
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. MLUPA requires advance planning for a wide range of
infrastructure and services.
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APPENDIX C - NOTICING AND PUBLIC COMMENT
Hearings: Notice for adoption of zoning and subdivision regulations must meet the standards
of state law. Notice was published in the Bozeman Daily Chronicle newspaper on Saturday
9/20/2025, 10/4/2025, 10/11/2025, 10/25/2025, 11/08/2025, and 11/15/2025. 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. Notice dates are provided on
page 1 of this report.
The notice, draft text, and draft zoning map were provided through the City’s Engage
Bozeman project website. Notice of the public hearing was provided at least 15 business days
before the public hearing before the Community Development Board and City Commission
hearings. All notices advised dates and times and methods for submittal of comment, access
to subject matter, content of proposed revisions, 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 and engagement: Throughout the project the City conducted many events
and tools to connect with and learn from the public. Neighborhood association presentations,
INC, advisory boards, surveys, workshops, open houses, intercept activities, single topic
brochures soliciting input, webinars, and other tools were all used. The tool most used was
the project website. As of October 28, 2025, the website had received 36,769 visits since it
went live on August 11, 2022.
The City advertised and held two public open houses (in-person and virtual) to aid the public
in being aware of and to understand the current draft after its release on September 19th.
Introductory presentations were also made to the City Commission and the Community
Development Board. Work sessions with both bodies were held to enable members to ask
questions and further understand the proposed text and map, and the public was able to attend
and learn as well. A list of public events throughout the project is attached to this report.
Comment: Written comments have been submitted through the City’s public comment email
comments@bozeman.net or to the City Clerk, PO Box 1230, Bozeman MT 59771 throughout
the entire project. Submitted written comments are 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. Comments are grouped by year and on specific
topics within the larger subject of the UDC update. Links to comments by year follow.
• 2022
• 2023
• 2024
• 2025
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Oral comments may be offered at public hearings and meetings. Recordings of each public
hearing in the review will be made and hosted through the City’s video archive [External
link] on the municipal website. All received written and recorded comments will move
forward during the review processes to all decision makers.
In addition to written comments, the City received input from many different sources during
the public engagement process. Summaries of intercept activities, topic brochures, surveys,
open houses, and other tools are available under the Presentation and Participation Materials
section of the project website, https://engage.bozeman.net/udc.
Response to comments: The input from the community was carefully considered. At
community request, the City Commission extended the project review period and expanded
public input opportunities. The City Commission held five work sessions in 2025 to
specifically review community input and provide direction to staff. The draft text and map
were revised based on that input and the updated materials are now available for further
public review.
Examples of revisions resulting from public comment include: changing the districts
consolidated into the new RA district, number of dwellings per structure allowed in the RA
and RB districts, how building heights are measured, limitations on wall plate heights,
requirements for documentation on trees and agricultural water user facilities during
development review, revisions to the zoning map, revisions to zone edge transition
requirements, clarifications of referenced documents, expansion of commercial services in
the RB and RC districts, and definition and standards for fraternities and sorority house.
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
FISCAL EFFECTS
Funds for the code replacement have been budgeted and committed by contract.
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 - Dates for public review of proposed regulations and process summary
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• #2 - Copy of public hearing notice
• #3 - Identification of compliance of regulations with the Montana Land Use Planning Act
• #4 - Summary of MLUPA presented to City Commission on July 25, 2023
• #5 – Summary of public engagement opportunities
• #6 – Staff recommended revisions
• #7 – Framing system raised heel truss fact sheet
• #8 – US Fish and Wildlife Service definition sheet
• #9 – Residential zoning district conversion guide
66
Page 1 of 2
Process of Code Amendments Review and Criteria for Amendments
The adoption of land use regulations including changes to the zoning map follow a state
required process. Review occurs before two public bodies. First, the Planning
Commission, who is a local governing body appointed citizen advisory board. In
Bozeman, the City Commission has assigned the Community Development Board the
responsibilities and role as the Planning Commission. Second, the elected officials, in
the case of Bozeman the City Commission, are the final decision makers.
Adoption of or modifications to land use regulations must be adopted by Ordinance.
When the City Commission approves an Ordinance there is a two-stage adoption
period. First, an ordinance must be approved two times with a minimum of 12 days
between them. The initial approval is called provisional adoption, and the last approval
is final adoption. Minor changes may be made to an ordinance between the two actions
such as punctuation and numbering, correction of misspellings, or similar small items.
The 12-day separation requirement means that the approvals happen at two
Commission meetings, which are usually two weeks apart. Second, the ordinance has a
set effective date which is a minimum of 30 calendar days after the second approval.
The Commission may extend the effective date for many reasons, such as to provide
time for community education on the ordinance, provide time for revision to
administrative tools like application forms, or to have the transition occur at a time seen
as enabling a smoother transition.
Public hearings are scheduled to receive public feedback on the draft. See other
supporting documentation for information on other public input methods on this project.
Planning Commission hearing: Begins November 3, 2025, and will be continued to
November 17, 2025. The Planning Commission will make a recommendation to the
City Commission at the meeting on November 17, 2025.
City Commission hearing: December 2, 2025, potential provisional adoption.
When considering adoption or revision of land use regulation adoption or amendments
the City’s Staff, Planning Commission, and City Commission must evaluate the proposal
against criteria established by the State of Montana through the Montana Land Use
Planning Act (MLUPA). MLUPA is the governing authority for any land use planning or
regulation for zoning or subdivision development. MLUPA was adopted in 2023 and
replaces all previous state authorization. It applies regardless of Bozeman self-
government powers status as the law limits our authority in this area to only those
powers granted by the state. The new criteria that the replacement of the Unified
Development Code must be evaluated against are below. The staff report presents
analysis of compliance with the required criteria.
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Page 2 of 2
Montana Land Use Planning Act
76-25-304. Adoption and amendment of zoning regulations.
(2)(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:
(i) accommodates the projected needed housing types identified in 76-25-206;
(ii) contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction;
(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 76-25-207;
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and
institutional enterprises the local government has identified in 76-25-208 for targeted
economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the area, as
identified in 76-25-209;
(vi) minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209; and
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction,
as identified in 76-25-209; and
(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 previously described and
analyzed in the assessment conducted for the land use plan.
(5) (a) The governing body shall consider each zoning regulation, map, or amendment
that the planning commission recommends to the governing body.
(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
(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.
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Page 1 of 10
Staff Recommended Revisions to the Sept. 19, 2025, Draft of
the Unified Development Code, Chapter 38 BMC
Staff has continued review of the draft document and public comments since the draft was provided
to the public on September 19th. Based on that review, Staff recommends the following revisions to
provide clarifications, increase consistency between wording, correct omissions, and correct an
inconsistency between the zoning map and the future land use map of the Bozeman Community
Plan.
For clarity, standard editing marks are used with underlines indicating added text and strikethrough
indicating deletions. A few more global changes are described with direction but not specific edits.
Edit # Section Number Page # Recommended Change.
1 38.100.020 1-2
This chapter is adopted by authority of the MCA 76-25-401(76). Additional city authority is granted by various other sections of state law and the authority granted by those sections is incorporated in this
chapter.
2 38.100.040.A 1-2
Sec. 38.100.040. - Purpose of chapter. A. The purpose of this chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development and other rights identified in the United States and State of Montana constitutions, and statutory and common law, comply with the Montana Land Use Planning Act as may be amended from time to time; to
implement the city's adopted land use plan; and to meet all requirements of state law. Further, it is the purpose of this chapter to exercise to the fullest extent the authority of the city's Charter, utility,
and all other powers.
3 38.100.070.E.4 1-4
4. The review authority may approve the requested change within 10
business working days of the close of any public comment period if it meets the criteria set forth in this chapter.
4 38.200.020.D 2-3
Add "mixed-use" to title of RB, RC, and RD districts to reflect the
allowed uses of those districts. Carry naming throughout the code.
5 38.220.010.C 2-18
B-2M zoning no longer allows 6 story buildings due to 60 ft height limit.
Revise B-2M graphic should be less intense to remove 6th story. Match through entire division where B2M is referenced with the graphic.
6 38.220.010.G 2-19 Revise the graphic to match allowed height in revised code. Match through entire division where NEHMU is referenced
7 38.220.030 2-27
B-2M zoning no longer allows 6 story buildings due to 60 ft height limit. Revise B-2M graphic to remove 6th story. Match through entire division
where B2M is referenced with the graphic.
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Page 2 of 10
Edit # Section Number Page # Recommended Change.
8 38.240.020.B 2-50 Remove reference to "administrative design review staff" from title and just use "staff".
9 38.260.010.B.1.a 2-78 a. Each lot line must have one of the following designations and no individual lot line can have more than one of the following designations:
10 38.260.030.A.4.b 2-81 s = Dedicated and or reserved but undedicated school or park sites (acres)
11 38.260.060.A 2-93
2. Applicability
The building setback requirements apply to all lots and designations of applicable lot lines are in 38.260.010.
12 38.260.060.A.3.f 2.93
f. Maximum Setback The area between the minimum and maximum street setbacks defines the build-to zone. For requirements related to the build-to zone, see
38.260250.080.
13 38.260.070.A.3.e(2) 2-98
(2) For subject lots facing RA and RB districts, and fronting a right-of-
way less than 60 feet wide, the upper level(s) of a building must be stepped back from the front property lines according to the height stepback standard. Standard features within a street right of way are described in the most recent edition of the City of Bozeman Modifications to the Montana Public Works Standard Specifications - standard drawings.
14 38.260.100.A.4.a(2) 2-106
Additional graphic to illustrate how differences in grade impact height as allowed by existing code text.
15 38.260.100.B.4.b 2-100 Additional graphic to illustrate how wall plate height applies on complex roof forms
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Page 3 of 10
Edit # Section Number Page # Recommended Change.
16 38.260.100.B.5 2-109
a. Relief of up to 10% may be granted due to topographical issues, utility access, existing or required easements, or preexisting natural features. b. An additional 1 foot may be added to allowed wall plate height when the roofing systems uses raised heel trusses meeting all building code
requirements.
17 38.260.110.C.5 2-112
b. Relief of up to 20% 10% of a dimensional standard may be granted for institutional uses, such as schools, places of worship, or community centers if the proposed use requires large internal spaces that cannot be reasonably accommodated within the maximum building width.
18 38.260.140.A.2.b 2-119
Strike standard, HB713 from the 2025 legislature distinctions between
manufactured and other types of homes for standards.
19 38.260.140.B.5 2-124
a. Relief of up to 10% to a blank wall width dimensional standard may be granted due to preexisting natural features. b. Public or utility facilities where windows may compromise safe operations or security may be granted relief from the window transparency and the window and door opening requirements of this section.
20 38.300.010.D 3-3 Make D.2 and D.3 lettered paragraphs instead of being under paragraph D.
21
38.320.040.B.2.c(
5) 3-16 Delete RMH district from list of districts and renumber remainder.
22 38.320.060.B.1 3-21 Strike "and intent" from the title
23 38.320.090.D.3 3-33 Limited to 3,000 2,500 square feet of gross floor area per individual tenant.
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Page 4 of 10
Edit # Section Number Page # Recommended Change.
24 38.320.090.E.1.d(2) 3-33
(2) Retail of 2,500 sq. ft. or less per individual tenant is a principal use. Retail per individual tenant greater than 2,500 sq. ft. as a principal use requires a special use permit.
25 38.320.090.E.2
a. Purpose. (1) The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed in conjunction with the other standards of this chapter to ensure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the city.
26 38.410.080.C 4-28
C. Stormwater retention or detention systems may be located within
public parkland, but such areas must not count towards the parkland dedication requirement unless the stormwater ponds systems on parkland are designed, constructed and/or added to so as to be
conducive to the normal use and maintenance of the park.
27 38.530.020.I.2 5-38
Delete the paragraph as it is duplicative to I.3 and renumber following
items. Remove the right side of figure 38.530.020-3 as it becomes unnecessary after the paragraph is deleted.
28 38.540.080.B.2 5-58 Delete 2nd sentence to remove option to create maintenance district for private common spaces.
29 38.610.080.B 6-35 Revise minimum wetland buffer from ten feet to 25 feet to match earlier City Commission approval with wetland regulation updates.
30 38.700.010.F.4 7-7 Approval of calculations of cash-in-lieu of parkland amounts for development of property. when: and strike all of 4a, 4b, and 4c.
31 38.700.160 7-11 See attachment for text.
32 38.710.030.A.2&12 7-15
c. Identify noxious weeds. d. Map the location of all mature trees with a diameter at breast height greater than 6 inches, including species and size in the key. Move the requirement for identification of active faults to A.2.9 Identify areas of active faults.
33 38.710.030.A.14
14. Water rights. a. Describe how the proposed subdivision intends to satisfy 38.410.110. b. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g., previous payment-in-lieu of water rights, groundwater certificates, statements of claim, provisional permits, decreed rights, shares or water use contracts in canal, ditch company, or water users association etc. c. Indicate whether any of the element listed in Section 38.410.110.B are applicable.
d. Describe any water efficiency and conservation offsets that will be implemented. e. Identify the lots for which a payment of cash in lieu of water rights will occur and the lots for which a deferral will be sought.
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Page 5 of 10
Edit # Section Number Page # Recommended Change.
34 38.710.050.A.11 7-23 (b) Intersections of local streets with arterial and collector streets within the study area defined in this paragraph 38.710.050.A.11.g.2.a.
35 38.710.050.A.6.b 7-23
b. Critical areas. Identify on a plat overlay of the proposed subdivision any known critical
habitat as defined by the US Fish and Wildlife Service, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare threatened or endangered species, or wetlands.
36 38.710.050.A.19 7-31
19. Submittal Requirements for Water Rights a. Describe how the proposed subdivision intends to satisfy
38.410.110. Provide documentation of all water rights appurtenant to or in use upon the property with the proposed subdivision. b. Provide documentation of all water rights appurtenant to or in use upon associated with the property with the proposed subdivision. Documentation must include: (1). A description of the research methods used to identify the water rights appurtenant to or in use upon associated with the property. The applicant must provide a written certification if the property does not
contain no water rights are appurtenant to or associated with the property. (2) Current Official water rights abstracts and share or stock certificates. (3) All adopted Master’s Reports or closing orders issued by the Montana Water Court.
(4) Title information establishing water right ownership. For water rights in divided split ownership describe the percent ownership interest attributable to the property.
(5) Maps showing the water rights points of diversion and the means of conveyance for the delivery of water to the subject property. (6) Evidence clearly establishing and quantifying all beneficial use of
water appurtenant to or associated with the property the water rights within the prior 5 year period. (7) Any additional information that is reasonably e and necessary and is requested by for the City to determine if the water rights are useful for City purposes pursuant to Section 38.410.110.D.1. c. DNRC approval for any proposed appropriation or proposed use of water subject to MCA 85-2-306 or MCA 85-2-402 for which DNRC approval is required prior to beneficial use. d. Indicate whether any of the items in Section 38.410.110.B are applicable. e. Describe any water efficiency and conservation offsets that will be
implemented. f. Identify the lots for which a payment of cash in lieu of water rights will occur and the lots for which a deferral will be sought.
37 38.710.070.B.1.f 7-35
f. A statement signed by the owner of the proposed development of their commitment intent to comply with the requirements of this Code and any conditions considered necessary by the review authority;
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Page 6 of 10
Edit # Section Number Page # Recommended Change.
38 38.710.070.C.9 7-38 9. The information related to transportation capacity required by 38.710.050.A.11 section, subject to the following exceptions:
39 38.710.070.C.19 7-40
19. The information related to water adequacy required by 38.710.050.A.19, unless the information was previously provided through a subdivision review process and the proposed development does not generate more demand than addressed during the subdivision review.
a. At the discretion of the Director of Utilities, updated information will be required if previous approvals or determination of no impact are more than five (5) years old.
40 38.710.190.A.16 7-54
16. The information related to water adequacy required by 38.710.030.A.14, unless the information was previously provided
through a subdivision review process and the proposed development does not generate more demand than addressed during the subdivision review. a. At the discretion of the Director of Utilities, updated information will be required if previous approvals or determination of no impact are more than five (5) years old.
41 38.740.080.A.1 7-68
a. Purpose. Conceptual review is an opportunity for an applicant to review the discuss requirements, standards, and procedures that apply to their development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Conceptual review applications are reviewed by the development
review committee and comments are provided in writing to the applicant following the review. The primary focus of conceptual review is to identify site specific challenges and/or constraints critical path elements
which will affect review process or submittal requirements. d. Staff review and recommendation. Upon receipt of a concept plan,
and after review of such plan by the DRC and a subsequent meeting with the applicant, the city must furnish the applicant with written comments regarding such plan, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the formal development application. The city may invite other public or quasi-public agencies which may be impacted by the development to comment. These agencies may include gas and electric utilities, state agencies, ditch companies, railroads, cable television service providers, and other similar agencies.
42 38.740.080.C.4.b 7-69
b. Whether all impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, zoning regulation, or zoning map. For the purpose of this requirement, impacts less than 20% above those previously identified have been considered.
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Page 7 of 10
Edit # Section Number Page # Recommended Change.
43 38.740.080.C.8 7-70
8. Any additional data, analysis, comment, or consideration described in subsection C.7 must be limited to the lack of substantial compliance with the zoning regulations or map and 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, or update of the land use plan, or zoning regulations, or zoning map. For the purpose of this requirement, 20% or above previously identified and considered impacts is significant.
44 38.740.090 7-70 38.740.090 - Plan review criteria decision and record
45 38.740.100.B.1 7-75
1. No later than six months after the date of the review authority
approval of the plan, the applicant must submit to the community development department a final plan. If the review authority is the city commission, no later than six months after the date of the commission's
approval of the plan, the applicant must submit to the community development department a final plan. The number of copies of the final plan to be submitted is established by the director of community
development. The final plan must contain the materials required in 38.710.070, 38.710.080, and 38.710.010, and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the director of community development.
46 38.740.110.A 7-75
A. When a plan is fully compliant with all applicable standards the review authority may approve the final plan. The owner must submit a
statement of commitment intent to construct according to the final plan. Such statement must acknowledge that construction not in compliance with the approved final plan may result in delays of routing for final occupancy review or costs to correct noncompliance.
47 38.740.110.B.2 7-76
2. In addition to the materials required in subsection B.1 above, the
applicant must submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final plans have complied with any conditions of approval or corrections to comply with code provisions. The owner must submit a statement of commitment intent to construct according to the final plan. Such statement must acknowledge that construction not in compliance
with the approved final plan may result in delays of routing for final occupancy review or costs to correct noncompliance.
48 38.740.110.G.3 7-76
3. A preliminary site plan application may be received where it is unclear whether the buildings or units can be constructed under building permits issued within one two years of final site plan approval. In this
case, the review authority may request proof of a construction financing commitment prior to accepting the application. Applications, where it is clear that the buildings or units cannot be constructed under building permits issued withinone two years of final \plan approval will be deemed unacceptable for review. Such applications must proceed pursuant to a master site plan with first phase site plan process.
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Page 8 of 10
Edit # Section Number Page # Recommended Change.
49 38.750.070.B.2 7-81
2. A determination that an application is sufficient complete does not restrict the city from requesting additional information during the plan review process, nor does it ensure approval.
50 38.750.070.D.2 7-81
2. Upon receipt of a written request the city will pause the review. At the city’s sole discretion, additional notice per 38.750.080 may be provided to the public to advise of the pause or to advise of the restart of the review process.
51 38.750.080.A 7-82
A. After accepting a complete sufficient application proposing
subdivision of a site the review authority must make an initial determination:
532 38.750.080.A.2
2. Whether all impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, zoning regulation, or zoning map. For the purpose of this requirement, impacts less than 20% above those previously identified have been considered.
53 38.750.080.B 7-82
B. If the review authority determines that the application is in substantial compliance and impacts have previously been addressed, then public notice must be issued per 38.730 and opportunity to comment on the initial determination provided. For the purpose of this requirement, 20% above previously identified and considered impacts is significant.
54 38.750.090.C 7-84
C. Changes to conditions or design after approval. 1. Changes to conditions after approval may be requested and reviewed as allowed by 38.100.070. 2. After issuance of the required findings of fact and completion of a preconstruction meeting with the engineering division a subdivider may begin on-site earthwork, site clearance, and installation of infrastructure. a. Any excavation and site disturbance must be in conformance with an approved Stormwater Pollution Prevention Plan as described in 40.04.350.
3. Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots is subject to process requirements of 76-25-408(15).
55 38.750.120.A.5 7-88 Remove unclosed parentheses and quotation marks.
56 38.750.140.B.3.a(4)(b) 7-90
(b) The certificate of survey must show the boundaries of the area that is being removed from one tract of record and joined with another tract of record. The certificate of survey may, but is not required to, establish
the exterior boundaries of the resulting tracts of record. Unsurveyed portions of the parcels must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF (c) SURVEY". However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to clearly identify both the location and the extent of the boundary relocation;
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Page 9 of 10
Edit # Section Number Page # Recommended Change.
57 38.790.020.B 7-134
1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation, through the review process required by 38.240.020 and 38.740, without the need to obtain a special use permit from the review authority. A lawful nonconforming residential use must not be permitted to increase the number of dwelling units. 2. 1. The maintenance and reconstruction of existing nonconforming
residential dwelling units is allowed in commercial and industrial zones, in compliance with applicable fire and building codes, including expansion of up to 20% of the existing total residential area, without the
need of a special use permit, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or
building permit must be obtained prior to the initiation of construction. 2. When lawful non-conforming dwelling units in residential or mixed-use zoning districts are damaged, destroyed, or voluntarily demolished the dwellings may be replaced or reconstructed with the same number of dwellings in the same configuration on the lot. The dwellings must be consistent with all standards of this chapter, except for the number of dwellings in order to maintain existing density as required in 38.260.030.
58 38.790.030.B 7-135
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of passage of the ordinance from which this chapter is derived, may be reduced in size so that lot width or size of setbacks or lot area per household or any other requirement of this chapter is not maintained except as provided for in this chapter. This section views lots as merged for the purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not aggregate individual parcels of land as tracts of record. This section does not apply when a portion of a lot is acquired for a public purpose.
59 38.800.200 8-33
Street Corner Site- A residentially zoned lot with at least two street lot lines which intersect, or a lot found at the internal curve of a street and having a primary street lot line of at least 75 feet.
60 38.800.200 8-30
Setback line. That line that is the required minimum distance from the
street right-of-way or public access easement line or any other lot line that establishes the area within which structures must be placed, as specified in this chapter. For watercourse setbacks, the setback line is measured from the high-water mark nearest edge of the watercourse.
61 38.800.200 8-29
Substantial Compliance. Substantial compliance has the meaning
assigned in 76-25-103.
62 Zoning Map
Correct inconsistency between zoning map and future land use map.
Change from R-D to B-2M and REMU on the property between N. 5th Ave. and the Fairgrounds and Oak Street and Tamarack. Dividing line to follow future alignment for Hemlock Street.
77
Page 10 of 10
Edit # Section Number Page # Recommended Change.
Northern section to change from R5 to B-2M (orange), Southern portion to change from R5 to REMU (purple). Future Land Use Map designation is Community Commercial Mixed Use
Existing R5 is not an implementing district for Community Commercial
Mixed Use
78
subsection D
Sec. 38.700.160. - Violation; penalty; assisting or abetting; additional remedies.
The effective enforcement of adopted standards is necessary to accomplish their intended purpose. The city has a
variety of options for the enforcement of this chapter. The community development director must select the option
which in their opinion is most suitable to the circumstance and violation. More than one enforcement option may be
used to attain compliance with the standards of this chapter when deemed appropriate.
A. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided in
24.02.040, in addition to other remedies of this section except that for violations of this chapter the following
minimum civil penalties apply. the court may impose the following minimum civil penalties.
1. Each day such a violation continues is considered a separate offense and punishable as such. The
minimum civil penalty for violation of this chapter by the same person for the same violation within a 12-
month period is:
a. First citation: $100.00.
b. Second citation: $150.00.
c. Third and subsequent citations: $200.00.
d. The determining factor with respect to the minimum civil penalty is the receipt of service of the citation
and not the judgment.
B. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations
of conditions of approval imposed by the review authority is a misdemeanor. Any person who violates this
chapter or fails to comply with any of its requirements may upon conviction thereof be fined or imprisoned or
both, in accordance with either as set forth in state law regarding subdivision and zoning, or in accordance with
1.01.210, and in addition must may be ordered to pay all costs and expenses involved in the case except as
stated in subsection D below.
1. 2. Each day such a violation continues is a separate offense and punishable as such.
2. 3. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of
any provision of these regulations or the Montana Land Use Planning Act is a separate and distinct offense.
C. The code compliance officer is authorized to issue a municipal infraction or a notice to appear under the
provisions of MCA 46-6-310 to any violator of this chapter.
C. B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor,
agent or other person who commits, participates in, assists or maintains such violation may each be found guilty
of a separate offense and suffer the penalties herein provided.
D. C. If transfers not in accordance with these regulations or the Montana Land Use Planning Act are made,
the city attorney may commence an action to enjoin further sales or transfers and compel compliance with
all provisions of these regulations.
E. D. When a violation has not been corrected by the property owner after written notice from the city, the
enforcement officer may seek approval from the community development director for filing at the county clerk
and recorder's office a notice of violation or noncompliance. Such notice serves to advise potential purchasers
of existing violations of this chapter or of on-going enforcement actions regarding a property. Such notice will
clearly state that the parcel or development on the parcel is in violation of this chapter and that correction of the
violation must be made prior to the city approving additional development or redevelopment of the site. The
notice must also describe the nature of the violation and applicable citations to the relevant sections of
this chapter.
1. When such a notice is to be filed the enforcement officer may either:
a. Through the office of the city attorney bring an action for civil and/or injunctive relief that requests a
court order to record a notice of violation or noncompliance; or
b. Request from the Community Development Director a written decision finding is the violation valid and
79
in need of correction, and authorizing the recording of the notice of violation or noncompliance.
Notice of a decision to record a notice of violation must be provided to the landowner of record at the
Gallatin County Clerk and Recorders office by first class mail.
2. When a violation has been corrected for which a notice of violation or noncompliance was filed, the city
must record a release of noncompliance indicating that the prior violation has been corrected. The
property owner is responsible for notifying the community development department in writing of the
correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the
enforcement officer may conduct an inspection to verify correction prior to the recording of the release.
F. E. The city may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter.
G. F. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
H. G. Upon resolution of an identified instance of noncompliance with the standards of this chapter the city
may record a document with the Gallatin County Clerk and Recorder to give notice of the resolution
of the noncompliance.
80
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 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
81
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
82
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
83
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.
84
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.
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Montana Land Use Planning Act Compliance Documentation
Page 1 of 30
Montana Land Use Planning Act
This document shows where the requirements of the Montana Land Use Planning Act are met throughout the proposed regulations to replace Chapter 38, Unified Development Code, BMC. A single
location may be entered for one section which then applies to following subsections. The following subsections will then show blank in the Location column. Locations shown are primary locations and other portions of code may also apply. References to other documents and actions may also be shown to demonstrate compliance. Section 76-25-103. Definitions. As used in 76-25-101 through 76-25-504, 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 Resolutions 4614, 4784, 5582
(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 76-25-101 through 76-25-504. 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.
(11) "Factory-built housing" means a factory-assembled structure intended for
residential use that: (a) is equipped with the necessary service connections but not made to be
readily movable as a unit or units; (b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4.
Not used in code,
defined in statute.
(12) "Final plat" means the final drawing of the subdivision and dedication required by 76-25-101 through 76-25-504 to be prepared for filing for record
with the county clerk and recorder and containing all elements and requirements set forth in 76-250101 through 76-25-504 and in regulations
adopted pursuant to 76-25-101 through 76-25-504.
38.800.070
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(13) "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
(14) "Immediate family" means a spouse, children by blood or adoption, and parents. 38.750.130.C.3 cross reference to statute
(15) "Irrigation district" means a district established pursuant to Title 85, chapter 7. 38.800.100
(16) "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
(17) "Land use permit" means an authorization to complete development in conformance with an application approved by the local government. 38.800.130
(18) "Land use plan" means the land use plan and future land use map adopted in accordance with [sections 1 through 38]. 38.800.130
(19) "Land use regulations" means zoning, zoning map, subdivision, or other land use regulations authorized by state law. This statute
(20) "Local governing body" or "governing body" means the elected body responsible for the administration of a local government. 38.800.040
(21) "Local government" means a county, consolidated city-county, or an
incorporated municipality to which the provisions of 76-25-101 through 76-25-504 apply as provided in 76-25-105.
This statute
(22) "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
(23) "Ministerial permit" means a permit granted upon a determination that a
proposed project complies with the applicable regulations and meets all established standards set forth in the applicable 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
(24) "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
(25) "Permitted use" means a use that may be approved by issuance of a ministerial permit. 38.800.170
(26) "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 this chapter, or a person designated and supervised by the planning administrator to perform the duties.
38.800.050
(27) "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
(28) "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
(29) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of 76-25-101 through 76-25-504, 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
38.800.170
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established by the governing body of a municipality pursuant to Title 7, chapter
13, parts 42, 43, and 44.
(30) "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
(31) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any other dwelling unit. 38.800.200
(32) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land. 38.800.200
(33) "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
(34) "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 76-25-413.
38.800.200
(35) "Substantial compliance" means: (a) with respect to the amendment of an adopted land use plan, that all facets of the proposed amendments, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the community as set forth in the jurisdiction's adopted land use
plan; (b) with respect to the adoption or amendment of a zoning map, zoning regulation, or subdivision regulation, that all facets of the proposed map, regulation, or amendment, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the site as set forth in the jurisdiction's applicable adopted land
use plan; and (c) with respect to the proposed development of a particular site, that all facets of the proposed development, when taken together, comply, not strictly and rigidly but substantially, with the densities and standards for development of the site as set forth in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision regulations.
38.800.200
(36) "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.
38.800.210
(37) "Three-unit dwelling" or "triplex" means a building designed for three 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.
38.800.210
(38) "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.
38.800.210
Section 76-25-104. Planning commission. Proposed Regulation or Other Location (1) (a) Each local government shall establish, by ordinance or resolution, a planning commission. Resolution 5330 and 2025-62
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Section 76-25-104. Planning commission. Proposed Regulation
or Other Location
(b) Any combination of local governments may create a multijurisdictional 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 76-25-101 through 76-25-504 as a planning commission by
agreement of the governing bodies of each jurisdiction represented on the planning commission.
Resolution 5330 and 2025-62
(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
(d) (i) A local government subject to this chapter may continue to be
represented on an existing city-county planning board, joint city-county planning board, or consolidated city-county planning board as authorized under Title 76, chapter 1, with other local governments and share in the membership duties and costs of the board.
NA
(ii) A local government's continued participation in a planning board as set forth in subsection (1)(d)(i) is solely for the purposes set forth in Title 76, chapter 1. 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.
Resolution 5330 and 2025-62
(ii) Each jurisdiction must be equally represented in the membership of a multijurisdictional planning commission. NA
(b) The planning commission shall meet at least once every 6 months. Resolution 5330 and 2025-62 (c) Minutes must be kept of all meetings of the planning commission and all meetings and records must be open to the public. Not municipal code
(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 and 2025-62
(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 76-25-201; Action on the Bozman Community Plan technical compliance update on Oct 6, 2025.
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Section 76-25-104. Planning commission. Proposed Regulation
or Other Location
(ii) zoning regulations and map as provided in 76-25-301 through 76-25-307; 38.770
(iii) subdivision regulations as provided in 76-25-401 through 76-25-413; and 38.770
(iv) any other legislative land use planning document the local governing body designates. Resolution 5330 and 2025-62
(b) In accordance with 76-25-503, 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 76-25-503.
38.700.010.H 38.760.030
(4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404. Not municipal code
Section 76-25-105 Applicability and compliance. Proposed Regulation or Other Location
(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 76-250101 through 76-25-504.
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 76-25-101 through 76-25-504 within 3 years of May 16, 2023.
(b) A municipality that has adopted a growth policy within 5 years prior to
May 16, 2023 shall comply with the provisions of 76-25-101 through 76-25-504 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
plan compliance is November 17, 2025, for plan adoption and May 16, 2026, for the implementing regulations
(c) A municipality that meets the population thresholds of subsection (1) on
any decennial census completed after May 16, 2023 shall comply with the provisions of 76-25-101 through 76-25-504 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 76-25-101 through 76-25-504 may decide to comply with the provisions of 76-25-101 through 76-25-504 by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of 76-25-101 through 76-25-504 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 76-25-101 through 76-25-504 may subsequently decide to not comply with the provisions of 76-25-101 through 76-25-504 by an affirmative vote.
NA
(4) A local government that complies with 76-25-101 through 76-25-504 is not subject to any provision of Title 76, chapters 1, 2, 3, or 8. No action required.
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Section 76-25-106. Public participation. Where Provided
(1) (a) A local government shall provide continuous public participation
when adopting, amending, or updating a land use plan or regulations pursuant to 76-25-101 through 76-25-504.
engage.bozeman.net/udc,
electronic meeting agendas with links Public engagement plan Public meeting log
(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;
(ii) an opportunity for written and verbal comments; Engage.bozeman.net/udc
(see summaries under Public Participation Materials) comments@bozeman.net, Community Development Board hearing,
City Commission hearing, 38.770
(iii) public meetings after effective notice; 38.730 and 38.770, engage.bozeman.net/udc, agendas. Community Development Board, City Commission, multiple
advisory boards
(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. Presentation and Participation Materials on
project website, Ongoing throughout 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, Presentation and Participation Materials, 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 Engage Bozeman public engagement framework, Project specific public engagement plan, 38.730, 38.770
(ii) notice of written comment on applications for land use permits pursuant to 76-25-101 through 76-25-504. 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, Presentation and Participation Materials, Ongoing through public review, Laserfiche archive
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Section 76-25-106. Public participation. Where Provided
(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 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;
Included in public notice, public presentations to advisory boards and City
Commission
(b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; ad
Public participation plan, engage.bozeman.net/udc, Presentation and Participation Materials,
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.
See staff report analysis for BCP and UDC update. See adopting ordinance.
(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, 2nd engagement plan adopted Oct 1, 2024
Section 76-25-301. Authority to adopt local zoning regulations. Proposed Regulation or other Location
(1) (a) A local government subject to 76-25-101 through 76-25-504, 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 76-25-301 through 76-25-307 by an ordinance that substantially complies with 7-5-103 through 7-5-107.
Ord #2151 assigned
(c)(i) 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.
38.200
(ii) 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
(iii) A municipality subject to this chapter may continue to apply, administer, and enforce extraterritorial zoning regulations pursuant to the provisions of 76-2-310 and 76-2-311.
NA
(2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances prescribing the:
(a) uses of land; 38.300 38.310
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38.320
38.330
(b) density of uses; 38.210 38.220 38.230 38.240
(c) types of uses; 38.300 38.310 38.320
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 76-25-101 through 76-25-504.
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 76-25-101 through 76-25-504.
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 76-25-101 through 76-25-504. 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 approved construction techniques or other mitigation measures identified in the zoning regulations.
38.100.080 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 38.740.030 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) (a) 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
38.790
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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. (b) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use.
(9) In interpreting a use and in determining whether a use violates this chapter or a resolution adopted under this chapter, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor
of the use in question.
Section 76-25-302. Encouragement of development of housing. Location in Proposed Regulation
(1) The zoning regulations authorized in 76-25-301 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; Implemented - 38.300
(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;
Partial implementation with mixed-use districts.
(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
(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 38.320.120
(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; Partially implemented with RA 38.320.030.A
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%; 38.210, 38.220, 38.230 -
(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%; Not implemented (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. Not implemented
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Section 76-25-302. Encouragement of development of housing. Location in Proposed
Regulation
(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
Section 76-25-303. Limitations on zoning authority. Location in Proposed Regulation
(1) A local government acting pursuant to 76-25-301 through 76-25-307 may not:
(a) treat manufactured housing or factory-built 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;
(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
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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.
(i) except to provide accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq., require: (i) more than one parking space for each residential dwelling unit; or
(ii) any minimum parking requirement for: (A) existing buildings, including vacant buildings, undergoing a change of use; (B) child-care facilities licensed or registered by the department of public health and human services; (C) residential units under 1,200 square feet;
(j) enact a height restriction that would violate 76-2-304(4)(b)(iii). (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).
Section 76-25-304. Adoption and amendment of zoning regulations. Location in Proposed
Regulation
(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 76-25-106; 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
(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 76-25-206; 38.210 38.300.020 (ii) contains five or more specific strategies from 76-25-302 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 76-25-307;
38.100.050 & 080 Article 2 and 3 38.400 38.410
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Section 76-25-304. Adoption and amendment of zoning regulations. Location in
Proposed Regulation
38.420
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in 76-25-208 for targeted economic growth in the jurisdiction;
38.200, 38.300.020, 38.320, Future Land Use Map, Bozeman
Community Plan
(v) protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209; 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 76-25-209; and 38.310.010 38.410.010
38.410.070 38.410.080, 38.600, 38.610, 38.620 38.800.240
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209; 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 previously described and analyzed in the assessment conducted for the land use plan.
Conclusions, not code. 38.770.020
(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
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Section 76-25-304. Adoption and amendment of zoning regulations. Location in
Proposed Regulation
(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.
Section 76-25-305. Effect on zoning regulations and map. Location in Proposed Regulation (1) After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304, 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) After accepting a complete application proposing development of a site, the planning administrator shall make an initial determination of whether: 38.700.010 38.740 (a) a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations or
map; and
(b) all impacts resulting from the proposed development were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulation, or zoning map.
(4) (a) If the planning administrator makes an initial determination that the proposed development, with or without variances or deviations from adopted standards, meets the requirements of subsections (3)(a) and (3)(b), the planning administrator shall provide public notice of the initial determination in accordance with 76-25-106(3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
38.730 38.740
(b) Unless public comment received on or before the last day of the comment period provided in subsection (4)(a) supports a determination that the proposed development fails to meet the requirements of subsections (3)(a) and (3)(b), the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503.
38.740 38.760.030
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Section 76-25-305. Effect on zoning regulations and map. Location in
Proposed Regulation
(c) If public comment received on or before the last day of the comment period provided in subsection (4)(a) provides evidence that the proposed development fails to meet either one or both of the requirements of subsections (3)(a) or (3)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (5).,
38.740
(5) If the planning administrator makes an initial determination or public
comment received under subsection (4)(c) provides evidence that the proposed development, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsections (3)(a) or (3)(b the planning administrator shall proceed as follows:
38.740.080
38.730
(a) 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 lack of substantial
compliance with the zoning regulations or zoning map and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map;
38.740.080
(b) 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 lack of substantial
compliance with the zoning regulations or zoning map and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map; and
38.740.080
(c) provide public notice of the planning administrator’s initial or revised initial determination in accordance with 76-25-106(3)(a) and (3)(b) and a 15-business day written comment period during which the public must have the
opportunity to participate and comment on the data collected and analysis performed pursuant to subsection (5)(a) and (5)(b).
38.730 38.740.080
(6) Any additional data, analysis, comment, or consideration described in subsection (5) must be limited to the lack of substantial compliance with the zoning regulations or map and 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, amendment, or
update of the land use plan, zoning regulations, or zoning map.
38.740.080 38.740.090
(7) After the public comment period provided in subsection (5) has ended, the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed except as provided in 76-25-503.
38.100.070 38.740 38.760.030
(8) 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 may propose an amendment to the regulations or map and follow the process provided for in 76-25-304.
Statutory requirement, not code
(9) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis, and may be appealed as provided in 76-25-503."
38.740 38.760.030
Section 76-25-306. Zoning and annexation. Location in Proposed Regulation
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(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 76-25-305.
38.200.050
(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.
Section 76-25-401. Authority to adopt local subdivision regulations -- limitations. Location in Proposed
Regulation
(1) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations.
38.750
(b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with 76-25-401 through 76-25-413 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 38-25-101 through 38-25-504.
38.750
(3) (a) A local governing body may not require, as a condition for approval of a
subdivision under this 76-25-401 through 76-25-413:
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 76-25-401 through 76-25-413.
Section 76-25-402. Exemptions to subdivision review. Location in Proposed Regulation (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 38-25-101 through 38-25-504:
38.750.140
(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
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Section 76-25-402. Exemptions to subdivision review. Location in
Proposed Regulation
(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 76-25-401 through 76-25-413 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;
(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.
38.750.140.A
(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 38-25-101 through 38-25-504.
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.
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Section 76-25-403. Adoption and amendment of subdivision regulations. Location in Proposed Regulation (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.
(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.
(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
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Section 76-25-403. Adoption and amendment of subdivision regulations. Location in
Proposed Regulation
(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.
Section 76-25-404. Contents of local subdivision regulations. Location in Proposed Regulation (1) The subdivision regulations adopted under 76-25-401 through 76-25-413 are limited to the following requirements:
(a) the date the regulations initially become effective under 76-25-101 through 76-25-504 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:
38.200,
38.400, 38.410, 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,
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Section 76-25-404. Contents of local subdivision regulations. Location in
Proposed Regulation
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;
(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 76-25-101 through 76-25-504 is an attempt to evade the requirements of 76-25-101 through 76-
25-504;
38.750.140
(f) a list of the materials that must be included in order for the application to be determined complete; 38.710.020-060 38.710.090 38.710.120 38.710.170 (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
38.400 38.410 38.420 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
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Section 76-25-404. Contents of local subdivision regulations. Location in
Proposed Regulation
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. (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
Section 76-25-408. Local review procedure for divisions of land. Location in Proposed Regulation
(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; (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 76-25-412(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
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
(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
(7) After accepting a complete application proposing subdivision of a site, the planning administrator shall make an initial determination of whether:
38.750.090
(a) The proposed subdivision, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations; and
(b) all impacts resulting from the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update
of the land use plan, zoning regulations, and subdivision regulations.
(8) (a) If the planning administrator makes an initial determination that the proposed subdivision, with or without variances or deviations from adopted standards, meets subsections the requirements of (7)(a) and (7)(b), the planning administrator shall provide public notice of its initial determination in accordance with 76-25-106(3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
38.750.090
(b) Unless public comment received on or before the last day of the comment period provided in subsection (8)(a) supports a determination that the proposed subdivision fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503.
(c) If public comment received on or before the last day of the comment period in subsection (8)(a) provides evidence that the proposed subdivision fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (9).
(9) If the planning administrator makes an initial determination or public comment received under subsection (8)(c) provides evidence that a proposed subdivision of a
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
site that, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), the planning administrator shall proceed as follows:
(a) request the applicant to 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 lack of substantial compliance with the
zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations;
(b) collect additional any data or perform any 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 lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased
potential impacts not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations; and
(c) provide public notice of the planning administrator's initial or revised initial determination in accordance with 76-25-106(3)(a) and (3)(b) of a written comment period of 15 business days during which the public must have an opportunity to participate and comment on the data collected and analysis performed pursuant to subsections (9)(a) and (9)(b)..
38.730 38.750.080
(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) Any additional data, analysis, comment, or consideration described in
subsection (9) must be limited to the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts resulting from the proposed subdivision to the extent that the impact was not previously identified in the adoption, amendment, or update of the land use plan, zoning regulations, zoning map, or subdivision regulations.
(11) Within 30 business days of the end of the written comment period provided in subsection (8)(a)(iii) (9)(c), the planning administrator shall issue written findings
stating the results of the public comment and shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application, which may be appealed as provided in 76-25-503.
(12) 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 76-25-101 through 76-25-504; (b) meets the survey requirements provided in 76-25-412(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.
(13) (a) The written decision must identify each finding required in subsection (12) that supports the decision to approve, conditionally approve, or deny a proposed 38.750.090
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved. (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
(14) The written decision to approve, conditionally approve, or deny a proposed subdivision must: 38.750.090 38.750.100 (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. (15) 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.
(16) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis, and may be appealed as provided in 76-25-503. 38.750.140
Section 76-25-409. Effect of preliminary plat approval. Location in
Proposed Regulation
(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
Section 76-25-410. Local review procedure for final plats. Location in Proposed Regulation
(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 Examining Land
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Section 76-25-410. Local review procedure for final plats. Location in
Proposed Regulation
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.
Surveyor not in use by County
(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
(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 76-25-408(9).
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.
Section 76-25-411. Filing and recordation of plats and certificates of survey. Location in Proposed Regulation
(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 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 76-25-401 through 76-25-413 unless the final plat or certificate of survey is located in an area over which the state does not have jurisdiction.
38.750.010
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(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.
(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision plats and certificates of survey.
(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 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 76-25-401 through 76-25-413 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;
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(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.
Section 76-25-412. Survey requirements. Location in Proposed Regulation (1) Divisions of land under 76-25-101 through 76-25-504 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.
38.750.090 38.750.120 38.750.130
(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 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 76-25-401 through 76-25-413 and regulations
adopted pursuant to 76-25-401 through 76-25-413.
(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 76-25-101 through 76-25-504.
(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
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Section 76-25-412. Survey requirements. Location in
Proposed Regulation
(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.
(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.
Section 76-25-413. Public improvements and extension of capital facilities. Location in Proposed Regulation
(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.
(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
38.780.070
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Section 76-25-413. Public improvements and extension of capital facilities. Location in
Proposed Regulation
to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. (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.
Section 76-25-502. Variances. Location in Proposed Regulation
(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
(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 76-25-503.
38.700.010 38.760.030
Section 76-25-501. Fees. Public
Document Location
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 76-25-101 through 76-25-504 to defray the expense of performing the review.
38.700.140
Section 76-25-503. Appeals. Public Document Location (1) Appeals of any final decisions made pursuant to 76-25-101 through 76-25-504 must be made in accordance with this section. 38.700.140 38.700.010 38.710.140 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.
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Section 76-25-503. Appeals. Public
Document Location
(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) (i) The planning commission shall hold a public hearing to hear the appeal de novo. The planning commission 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.
(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127, as applicable. 38.730.020
(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) (i) The governing body shall hold a public hearing to 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.
(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127, as applicable. 38.730.020
(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 76-25-101 through 76-25-504 is subject to any provision of Title 2, chapter 4.
76-25-504. Enforcement and penalties. Public Document Location
(1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of 76-25-101 through 76-25-504 or of any ordinances adopted under the authority of 76-25-101 through 76-25-504.
38.700.160
(2) Prior to seeking civil penalties against a property owner, a local government shall provide:
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76-25-504. Enforcement and penalties. Public
Document Location
(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 76-25-101
through 76-25-504 or of any ordinances adopted under the authority of 76-25-101 through 76-25-504 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.
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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.
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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
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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
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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.
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Unified Development Code Update Group Engagement
Events and Tools (chronological)
All meetings of the City Commission, Community Development Board, or other advisory board
have minutes and video of the meeting available online. Go to Past Meetings, choose the entity
you are interested, then choose the year tab and scroll to the meeting date you are interested in.
2022
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.
9/12/2022 Stakeholder Meeting (Designers)
Attendees: 8
9/12/2023 Community Development Board Work Session #1
Discussion of project overall approach, outreach, formatting
9/13/2022 Stakeholder Meeting (Real Estate Producers)
Attendees: 8
9/13/2022 City Commission Work Session #1
Formatting and layout recommendations and direction
10/13/2022 Inter‐Neighborhood Council #1
Present overview of project, introduce public outreach tool of brochures technique and receive input on
issues. Attendees not listed.
10/14/2022 Intercept Activities by Interboro
In person outreach, Soroptimist Park and Regional Park.
10/15/2022 Intercept Activities by Interboro
In person outreach, MADE Fair – Breeden Field House, Langhor Gardens, Peets Hill.
10/17/2022 NENA Meeting
Northeast Neighborhood Association, Attendees: 8
10/18/2022 Design Professionals call (with City staff)
42 Persons attended
10/18/2022 City Commission Work Session #2
Residential districts recommendations and direction
10/19/2022 Intercept Activities by Interboro
In person outreach at sites at Winter Farmers Market.
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10/24/2022 Intercept Activities by Interboro
In person outreach at sites across the City. See separate report for outcomes. Work is ongoing.
10/27/2022 Code Connect #1
Public e‐meeting to present summary of Commission direction on residential districts and have public
question and answer.
11/7/2022 Community Development Board #2
Presentation on work done to date. Residential districts.
11/15/2022 City Commission Work Session #3
Sustainability recommendations and direction
11/21/2022 Community Development Board #3
Presentation on work done to date. Sustainability.
11/30/2022 MSU Stakeholder Engagement Course (Prof. Sarah Church)
Dani conducted intercept activity and presented on project outreach efforts 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.
12/03/2022 Intercept Activities by Interboro
In person outreach Downtown Christmas Stroll
12/14/2022 Sustainability Advisory Board Meeting
Discussion of Commission direction on sustainability, EV charging, and urban agriculture
12/20/2022 Online Project Surveys
Begin release of surveys on individual topics to coordinate with intercept activities. Staged releases of
many different topics.
2023
1/9/2023 Community Development Board Work Session #4
Residential Districts recommendations, direction from Commission, and further refinement.
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 Development Advisory Board Work Session
Possible changes to parking requirements.
2/14/2022 City Commission Work Session #4
Non‐residential and mixed‐use zoning districts and transitions
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2/15/2023 Historic Preservation Advisory Board (HPAB)
Overview of purpose of the code, the current project, engagement to date, transitions.
2/17/2023 Affordable Housing Stakeholder Group Meeting
Discussion of UDC‐related impacts on affordable housing development in current and proposed codes
2/21/2023 Design Professionals call (with City staff)
Overview of transitions and commercial districts. 30 Persons attended
2/27/2023 Community Development Board #5
Discussion on transitions and consolidation/revision/deletion of non‐residential and mixed‐use districts.
2/28/2023 Stakeholder Meeting (Real Estate Developers)
Follow‐up discussion of preliminary code proposals.
2/28/2023 Stakeholder Meeting (Designers)
Follow‐up discussion of preliminary code proposals.
2/28/2023 City Commission Work Session #5
Discussion and direction on non‐residential parking amendments
3/7/2023 Windemere Real Estate
Overview of UDC update and introduction to 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 and mixed‐ use zoning
districts and district transitions and have public question and answer.
3/9/2023 Inter‐Neighborhood Council #2
Public meeting to present status report on project and summary of Commission direction on all zoning
districts
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.
3/20/2023 Community Development Board Work Session #6
Discussion of preliminary code drafts.
3/22/2023 Transportation Advisory Board
Discussion of possible changes to Level of Service Standards, Traffic Study requirements, and UDC
update.
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.
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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
4/13/2023 School District #7 Health Fair
Presentation and conversation to fair attendants on UDC update project, brochures, opportunities to
engage, and engage.bozeman.net.
4/17/2023 Community Development Board #6
Discussion on transportation level of service and traffic impact studies
4/20/2023 Code Connect #4
Presentation and Q&A with public re parking and transportation
4/22/2023 Gallatin Valley Earth Day event at the Emerson
In person outreach, Intercept activity table
4/26/2023 Transportation Advisory Board
Discussion of possible changes to non‐residential parking
4/27/2023 University Neighborhood Association
Presentation on process, residential districts, intercept activity, encouragement to participate
5/1/2023 Community Development Board #7
Discussion on parking, residential district metrics (including density and open space), and strategy for
changing B‐2 to B‐2M
5/31/2023 Intercept Activities
In person outreach at the City’s Preservation and Legacy Award Ceremony.
6/26/2023 Community Development Board #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.
7/3/2023 Community Development Board #9
Review and recommendation to the City Commission on the Park Recreation and Active Transportation
Plan replacing Park Recreation Open Space and trail Plan
7/7/2023 Design Community Representatives
Review initial layout, functionality, and readability of Articles 1‐3, Five participants.
7/17/2023 Community Development Board #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.
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7/25/2023 City Commission special presentation
Overview of Senate Bill 382 and UDC update. Highlights of key changes and upcoming schedule for
public release and outreach.
8/7/2023 Community Development Board #11
UDC public process overview and change highlights.
8/9/2023 Sustainability Advisory 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.
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.
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.
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 Public Open House – Online
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.
9/11/2023 Community Development Board – City Hall
Public meeting to formally introduce the public review process for the draft document. Overview of
document, public hearing schedule and opportunities for public comment.
9/18/2023 Community Development Board – City Hall
Public hearing on the draft document and map.
10/10/2023 Community Development Board – City Hall
Public hearing (continued) on the draft document and map.
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Page 6 of 11
10/16/2023 Community Development Board – City Hall
Public hearing (continued) on the draft document and map.
11/10/2023 Osher Lifelong Learning Institute, Future of Zoning in Bozeman (Chris S)
Overview of why the UDC is being updated at this time, impacts of state law changes, and what comes
next. Other presenter spoke on form‐based zoning. Q and A period. 108 participants.
11/14/2023 Briefing to BCAN neighborhood group (Anna B/Dani H)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 35 persons attended.
11/21/2024 Engagement Survey
Identify preferred engagement methods for upcoming supplemental engagement process.
11/27/2023 Briefing to Kirk Park neighborhood group (Anna B/Dani H)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 55 persons attended.
2024
1/16/2024 Briefing to MarLin neighborhood group (Anna B/Takami C)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 20 persons attended.
1/22/2024 Briefing to Jandt neighborhood group (Anna B/Takami C)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 20 persons attended.
1/24/2024 Panel Briefing to Legislature Interim Local Government Committee (Anna B)
Update on status implementation of 2023 state legislation affecting land use and planning, zoning, and
subdivision along with 4 other cities. Approximately 15 persons attended in person plus Zoom
broadcast.
2/05/2024 Gallatin Association of Realtors (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. 87 persons attended.
3/28/2024 Figgins Neighborhood Presentation (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. Estimated 50 persons attended.
3/27/2024 University Neighborhood Association (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. Approximately 45 persons attended.
4/18/2024 Kirk Park Neighborhood Association (Anna B)
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Page 7 of 11
Overview of the UDC project, current status and next steps, specific area sites with questions and
answers. Approximately 30 persons attended.
9/17/2024 City Commission Supplemental Engagement and Restart Work Session (Erin, Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e‐
notifications. Approximately 28 persons attended.
10/01/2025 Adoption of Supplemental Engagement Plan
City Commission decision on proposed outreach tools and schedule.
10/3/2024 Cooper Park Neighborhood Association (Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e‐
notifications. Approximately 28 persons attended.
10/9/2024 Gallatin Association of Realtors (Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e‐
notifications. 10 persons attended.
11/4/2024 MSU Geography Class 401‐501 (Chris S)
Class is on public participation and techniques. Overview of why public outreach is done and how that
has been applied in the UDC update. Estimated 21 persons attended.
11/22/2025 Area of Interest Survey
Identify those areas where citizens are most interested in further discussion.
12/2/2024 UDC Open House at MSU SUB (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 55 persons signed in as attending.
12/4/2024 UDC Open House at Gallatin High School (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 34 persons signed in as attending.
12/5/2024 UDC Open House at Hope Lutheran Church (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 43 persons signed in as attending.
12/9/2024 UDC Open House ‐ Online (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 74 persons signed in as attending.
12/11/2024 UDC Open House at Fairgrounds (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 63 persons signed in as attending.
12/12/2024 UDC Open House at Sacajawea Middle School (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 43 persons signed in as attending.
126
Page 8 of 11
12/16/2024 UDC and Local Food Systems (Tom R)
Open house on background, purpose, and summary overview of the UDC update project and discussion
of elements of the updated UDC that address food production. 7 persons attended.
12/18/2024 JLF Architects (Tom R)
Invited discussion status and summary overview of the UDC update project and public engagement
restart.
2025
1/8/2025 Public Engagement Survey closed (Engage Bozeman)
Solicited information on areas of community concern for Phase 2 supplemental engagement. 221
submittals.
1/13/2025 University Neighborhood Association (Tom)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/16/2025 Better Bozeman Coalition (Erin, Chris, Tom, Hap)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 50 persons attended.
1/22/2025 Jandt Neighborhood Association (Chris and Sarah)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 13 persons attended.
1/27/2025 Midtown Neighborhood Association (Chris)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/29/2025 Cooper Park Neighborhood Association (Tom)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/30/2025 NENA Neighborhood Association (Chris and Jacob)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 39 persons attended.
2/11/2025 Forward Montana (Chris and Erin)
Discussion of issues of parking and density. 21 persons attended.
2/24/2025 Online UDC Phase 2 workshop (Chris and Tom)
Discussion of issues of transportation and environment. 73 persons attended.
2/26/2025 UDC Phase 2 workshop Fairgrounds (Erin, Chris, and Tom)
Discussion of issues of transportation and environment. 61 persons signed in as attending.
127
Page 9 of 11
3/03/2025 Online UDC Phase 2 workshop (Erin, Chris, and Tom)
Discussion of issues of Growth, Housing, & Neighborhoods. 100 persons attended.
3/05/2025 UDC Phase 2 workshop Sacajawea Middle School (Erin, Chris, and Tom)
Discussion of issues of Housing & Neighborhoods. 52 persons signed in as attending.
3/10/2025 UDC Phase 2 workshop Chief Joseph Middle School (Erin, Chris, and Tom)
Discussion of issues of Growth & Neighborhoods. 64 persons signed in as attending.
3/12/2025 UDC Phase 2 workshop Willson School (Erin, Chris, and Tom)
Discussion of issues of (Transportation, Environment, Growth, Housing, Neighborhoods. 51 persons
signed in as attending.
3/19/2025 UDC Supplemental Engagement report and workshop Historic Preservation Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
3/21/2025 Community Chat Toolkits released online
Five topic area information packets to enable individuals to host conversations and gather input to add
to the UDC conversation.
3/26/2025 UDC Supplemental Engagement report and workshop Transportation Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps. 12 persons attended.
3/27/2025 UDC Supplemental Engagement report and workshop Parks and Forestry Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
4/02/2025 UDC Supplemental Engagement report and workshop Economic Vitality Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps and questions and answers. 10 persons attended.
4/09/2025 UDC Supplemental Engagement report and workshop Sustainability Advisory Board (Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
4/17/2025 UDC Deep Dive Survey released
Survey pursuing additional information on topics identified during the winter workshops.
5/05/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Project overview and orientation. Status report on supplemental engagement. Next steps.
128
Page 10 of 11
5/19/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Project overview and orientation. Expanded status report on engagement for new content. Discussion
on how to address zone map amendments requested as public comment.
5/20/2025 City commission UDC Supplemental Engagement report and workshop (Erin and Chris)
Project overview and orientation. Status report on supplemental engagement.
6/02/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Discussion on tools to address mass and scale of buildings.
6/03/2025 City Commission UDC Supplemental Engagement report and workshop (Erin, Chris, and
Tom)
Discussion on supplemental engagement and subjects the Commission wants to address with upcoming
work sessions.
6/16/2025 Community Development Board (Erin, Chris, and Tom)
Discussion on mass and scale tools for recommendation to Commission for upcoming work session.
6/24/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Discussion on supplemental engagement and mass and scale tools and direction to staff for
development of future code draft.
7/07/2025 UDC Community Development Board (Erin, Chris, and Tom)
Discussion on zoning districts and uses for recommendation to Commission for upcoming work session.
7/14/2025 City Commission UDC work session, (Erin, Chris, and Tom)
Commission work session on zoning districts and uses and direction to staff for development of future
code draft.
7/15/2025 Design Professionals (Chris)
Discussion on outcome of July 14th work session and upcoming engagement opportunities. 23 persons
attended.
7/21/2025 UDC Community Development Board (Chris)
Commission work session report back on zoning districts and uses.
8/11/2025 UDC Community Development Board (Erin, Chris, and Tom)
Discussion on environmental and natural resources issues for recommendation to Commission for
upcoming work session.
8/26/2025 City Commission UDC work session, (Erin, Chris, and Tom)
Commission work session mass and scale tools follow up and direction to staff for development of
future code draft.
129
Page 11 of 11
9/19/2025
Public release of updated draft text and map
9/22/2025 Bozeman Tree coalition (Erin)
Discussion on proposed amendments by the group to UDC text.
10/1/2025 UDC Public Information Sessions (Chris and Tom)
Online and in‐person information sessions to present the draft UDC and answer questions in advance of
the public hearing. 29 persons attended.
10/07/2025 Southwest Montana Developers Roundtable (Erin)
Overview of proposed draft and process for public review. 63 persons attended.
10/09/2025 Inter‐Neighborhood Council (Chris)
Inter‐Neighborhood Council presentation and overview of the proposed draft and process for public
review. 12 persons attended.
10/20/2025 Community Development Board (Chris)
Work session with Community Development Board in preparation for public hearings. 20 persons
attended (estimated)
10/27/2025 Open Channels Working Group (Erin and Chris)
Discussion on agricultural water user facilities and applicable code amendments
Upcoming Public Hearings and Meetings
11/03/2025 Community Development Board
Public hearing to consider the proposed draft and map.
11/10/2025 City Commission
Work session for overview of criteria and review process, draft text, and map in preparation for
upcoming public hearing.
11/17/2025 Community Development Board
Continued public hearing to consider the proposed draft and map.
11/18/2025 City Commission
Work session for overview of draft text and map in preparation for upcoming public hearing.
12/02/2025 City Commission
Public hearing to consider the proposed draft and map.
130
TRUSSES ARE INSTALLED: RAISED-HEEL
TRUSSES SAVE ENERGY IN ATTICS
WHAT?
Trusses are triangulated wood structures that conduct the weight of the
roof and transfer it to the exterior walls. Conventional sloped attic
framing or trusses are inherently shallow at the roof eaves, leaving
inadequate space for comprehensive insulation, and resulting in
excessive thermal losses and gains along the roof edge.
Raised-heel trusses differ from conventional trusses in that they are
raised higher, extending up from the perimeter wall plate, raising the
truss from the top of the perimeter wall and providing some vertical
space between the wall plate and the top chord of the truss. Framing a new home with raised-heel trusses improves structural and energy
performance and offers many labor and energy savings for the builder and the homeowner.
WHY?
Framing with raised-heel trusses allows full height attic insulation to
extend all the way to the attic eaves. Better insulation here translates to
drier walls and lower HERS scores; improved ceiling insulation eliminates
the cold spots at the top of exterior walls that conventional trusses
create, resulting in a more stable temperature and a more comfortable
home. Used in combination with exterior walls that are fully sheathed
with plywood or OSB, raised-heel trusses help improve structural and
energy performance.
HOW?
Raised-heel trusses can be installed more quickly than conventional roof
framing, and increased spans can eliminate some internal load-bearing
walls. The additional space allows for the full specified depth of
insulation, better ventilation, and more flexibility in the choice of
insulation. Overlapping the heels with continuous plywood or OSB
sheathing eliminates the need for blocking to prevent uplift during inclement weather and saves money in materials. The design helps
prevent ice dams, which occur at the eaves of conventional roofs where
insulation at the wall and truss intersection is thinnest and is often
compressed and where R-value is already reduced. Though extra
material is used to create the trusses’ raised design, the extra cost can
be offset by the need for less insulation, and energy efficiency is still not
compromised. Applicable codes include IRC 2021 and IBC 2021.
131
U.S. Fish & Wildlife Service
Critical Habitat
What is it?
When the Fish and Wildlife Service proposes a species for listing under the Endangered Species Act, we are required to consider whether there are geographic areas that contain essential features on areas that are essential to conserve the species. If so, we may propose designating these areas as critical habitat.
Here are answers to some of the most frequently asked questions about critical habitat.
What is critical habitat?
Critical habitat is the specific areas within the geographic area, occupied by the species at the time it was listed, that contain the physical or biological features that are essential to the conservation of endangered and threatened species and that may need special management or protection. Critical habitat may also include areas that were not occupied by the species at the time of listing but are essential to its conservation.
An area may be excluded from critical habitat designation based on economic impact, the impact on national security, or any other relevant impact, if we determine that the benefits of excluding it outweigh the benefits of including it, unless failure to designate the area as critical habitat may lead to extinction of the species.
Critical habitat designations affect only Federal agency actions or federally funded or permitted activities. Critical habitat designations do not affect activities by private landowners if there is no Federal “nexus”—that is, no Federal funding or authorization. Federal agencies are required to avoid “destruction” or “adverse modification” of designated critical habitat. The ESA requires the designation of “critical habitat” for listed species when “prudent and determinable.”
What provisions of the Endangered Species Act relate to critical habitat?
To protect endangered and threatened species, the ESA makes unlawful
a range of activities involving such species without a permit for purposes consistent with conservation goals of the ESA. These activities include take, import, export, and interstate or foreign commerce. “Take” includes kill, harm, harass, pursue, hunt, capture, or collect or to attempt to engage in any such conduct.
The ESA requires Federal agencies to use their authorities to conserve endangered and threatened species and to consult with the Fish and Wildlife Service about actions that they carry out, fund, or authorize to ensure that they will not destroy or adversely modify critical habitat. The prohibition against destruction and adverse modification of critical habitat protects such areas in the interest of conservation.
How does the Fish and Wildlife Service determine areas to designate as critical habitat?
Biologists consider physical and
biological features that the species
needs for life processes and successful
reproduction. These features include:
n space for individual and population growth and for normal behavior;
n cover or shelter;
n food, water, air, light, minerals, or other nutritional or physiological requirements;
n sites for breeding and rearing
offspring, germination, or seed dispersal;
and
Photo of Ash Meadows National Wildlife Refuge
by Mike Bender, USFWS
Photo of the Devil’s Hole pupfish
by Olin Feurerbacher, USFWS
132
n habitats that are protected from disturbances or are representative of the historical geographical and ecological distributions of the species.
What is the process for designating critical habitat?
The Service may propose to list a species and concurrently propose to designate critical habitat, or it can address a species’ critical habitat up to a year after the date of its listing. The Service proposes a critical habitat designation, publishing it in the Federal Register and requesting public comments. We may modify a proposal as a result of information provided in public comments. We base our final designation of critical habitat on the best scientific data available, after taking into consideration the probable economic and other impacts of the designation. After reviewing the comments, the Service responds to them and publishes a rule, including final boundaries, in the Federal Register.
Are Federal agencies required to consult with the Fish and Wildlife Service outside critical habitat areas?
Yes, even when there is no critical habitat designation, Federal agencies are required to fulfill their conservation responsibilities by consulting with the Service if their actions “may affect” listed species. The requirement helps to ensure that Federal agencies do not contribute to the decline of endangered and threatened species or their potential for recovery.
What is the purpose of designating critical habitat?
Designating areas as critical habitat does not establish a refuge or sanctuary for a species. Critical habitat is a tool to guide Federal agencies in fulfilling their conservation responsibilities by requiring them to consult with the Service if their actions may “destroy or adversely modify” critical habitat for listed species. A critical habitat designation helps to protect areas—occupied and unoccupied—necessary to conserve a species. Critical habitat has value in requiring the Service to gather more detailed information about a species than what is required for listing, thereby increasing knowledge to share with Federal agencies—and, in turn, increasing their effectiveness to conserve a listed species.
Are all the areas within the mapped boundaries considered critical habitat?
No. Our rules typically exclude developed areas such as buildings, roads, airports, parking lots, piers, and similar facilities. Accompanying text describes those areas.
Critical habitat is designed to protect the
essential physical and biological features
of a landscape and essential areas in
the appropriate quantity and spatial
arrangement that a species needs to
survive and reproduce and ultimately be
conserved.
Myths & Realities
Does designating critical habitat mean no further development can occur?
No. A critical habitat designation does not necessarily restrict further development. It is a reminder to Federal agencies of their responsibility to protect the important characteristics of these areas.
Does a critical habitat designation affect all activities that occur within the
designated area?
No. Only activities that involve a Federal permit, license, or funding, and are likely to destroy or adversely modify critical habitat will be affected. If this is the case, we will work with the Federal agency and landowners—including private landowners—to amend their project to enable it to proceed without adversely affecting critical habitat. Most Federal projects are likely to go forward, but some may be modified to minimize harm.
Does the ESA require consideration of economic impacts as part of designating critical habitat?
Yes. The Service is required to consider
potential economic impacts, as well
as any other benefits or impacts of
designating critical habitat—and
may exclude an area if the benefits of
excluding it outweigh the benefits of
including it unless that would result in
the extinction of the species.
Do economic considerations affect decisions to list a species as an endangered or threatened species?
No, the Act requires listing decisions
to be made solely on the basis of the
best available scientific and commercial
information.
What is the impact of a critical habitat designation on economic development?
Most activities that require consultation
by Federal agencies proceed without
modification. In areas where the species
is not present, some project modifications
that would not have occurred without
the critical habitat designation may be
required. For example, the U. S. Army
Corps of Engineers may schedule a
beach renourishment project—that is,
adding sand to a beach to stabilize it—
before or after the nesting season of sea
turtles to avoid harm to the sea turtles,
their eggs, or their hatchlings.
Which species have critical habitat designated?
A list of all ESA protected species with
designated critical habitat can be viewed
online at https://ecos.fws.gov/ecp/report/
table/critical-habitat.html
U. S. Fish and Wildlife ServiceEndangered Species Program5275 Leesburg PikeFalls Church, VA 22041703-358-2171 http://www.fws.gov/endangered/
March 2017
133
Single-household lot
Additional lot area for ADU
Duplex lot area per unit
3-4 household lot area per unit
Apartments lot area per unit
Townhouse/rowhouse lot
Lot area (max)
Lot width
Duplex lot width
3-4 household lot width
Apartment lot width
Townhouse lot width
Low-pitch roof height
High-pitch roof height
Front setback
Garage setback
Rear setback
Side setback
Units per acre (min)
Building coverage
FAR
LOT AREA
(MIN)
LOT WIDTH
(MIN)
HEIGHT
(MAX)
SETBACKS
(MIN)
INTENSITY
(MAX)
LOT AREA (MIN)
LOT WIDTH
(MIN)
HEIGHT
(MAX)
SETBACK
(MIN)
INTENSITY
MASSING
(MAX)EXISTING DISTRICTSNEW DISTRICTS
Lot area
Townhouse lot width
All other lots
Overall height
Ground story height (min)
Front setback (min/max)
Garage setback
Rear setback
Side/alley setback
Townhouse common wall
Units per acre (min)
Building coverage (max)
Dwelling units per bldg
Building width
Frontage primary/side streets
R-S Residential
Suburban
4,000 sf
1,000 sf
-
-
-
-
-
50’
-
-
-
-
28’
42’
15’
20’
20’
5’
2
25%
0.45
R-1 Residential
Low Density
4,000 sf
1,000 sf
-
-
-
-
-
50’ / 40’
-
-
-
-
28’
40’
15’
20’
20’
5’
5
40%
0.50
R-A Residential-A
none
15’
25’
40’ (22’ wall plate)
9’
10’/none
20’
10’
5’
0’
10
40%
2
80’
-
R-2 Residential
Moderate Density
4,000 sf
1,000 sf
2,500 sf
-
-
3,000 sf
-
50’ / 40’
60’ / 50’
-
-
30’
30’
40’
15’
20’
20’
5’
5
40%
0.75
R-3 Residential
Medium Density
4,000 sf
1,000 sf
2,500 sf
3,000 sf
3,000 sf limited
3,000 sf
2.5 acres
50’ / 40’
60’ / 40’
60’
-
Width of interior unit
36’
46’
15’
20’
20’
5’
5
40%
1.00
R-4 Residential
High Density
4,000 sf
1,000 sf
2,500 sf
3,000 sf
3,000 first + 1,200 sf each
3,000 sf
2.5 acres
50’ / 35’
50’ / 40’
60’
none
Width of interior unit
40’
50’
15’
20’
20’
5’
8
50%
1.50
R-5 Residential Mixed-
Use High Density
3,000 sf
none
2,500 sf
none
none
none
2.5 acres
35’ / 25’
50’ / 40’
none
none
Width of interior unit
50’
60’
15’
20’
20’
5’
8
-
-
R-B Residential-B
none
15’
25’
45’ (33’ wall plate)
9’
10’/none
20’
10’
5’
0’
12
40%
8
120’
-
R-C Residential-C
none
15’
25’
50’
9’
10’/15’
20’
10’
5’
0’
18
60%
24
150’
60%/30%
R-D Residential-D
none
15’
25’
60’
9’ res., 12’ non-res.
10’/15’
-
10’
5’
0’
24
100%
none
250’
80%/40%
ZONING DISTRICT
CONVERSION GUIDE:
RESIDENTIAL
Note: Revised standards apply to
new applications only
October 2025
134
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Upcoming Items for the November 17, 2025, Community Development
Board Meeting
MEETING DATE:November 3, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The following items are presently scheduled for review at the November 3,
2025, Community Development Board meeting:
1. Continued Public hearing for Application 21381, UDC Update Repeal and
Replacement of Chapter 38 Bozeman Municipal Code, considered in role as
Planning Commission. Discussion by Board on draft text and zoning map and
recommendation to the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:No budgeted funds are expended with this item.
Report compiled on: October 29, 2025
135
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:City Commission Approval of Bozeman Community Plan Technical
Compliance Update, Application 23333
MEETING DATE:November 3, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Information only, no action required.
STRATEGIC PLAN: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.
BACKGROUND:One of the primary duties of the Community Development Board in their
role as the Planning Commission is to make a recommendation on a land use
plan. The Board considered the Bozeman Community Plan Technical
Compliance Update on October 6, 2025 and recommended adoption.
The City Commission conducted their public hearing on October 28th and
unanimously approved the resolution adopting the plan as recommended by
the Community Development Board. The plan will take effect on Saturday,
November 1, 2025.
The final document will be made available on the project website [external
link], and the Community Development planning reports webpage once the
adopting Resolution has been signed. The adopting resolution includes
Section 7 which describes the transition and application of the plan to
ongoing and future application review.
UNRESOLVED ISSUES:None.
ALTERNATIVES:N/A.
FISCAL EFFECTS:None.
Report compiled on: October 29, 2025
136