HomeMy WebLinkAbout11-03-25 Public Comment - T. Steinway - UDC Requested Edits - Parking RequirementsFrom:Tyler Steinway
To:Bozeman Public Comment
Cc:Chris Saunders; Rob Pertzborn
Subject:[EXTERNAL]UDC Requested Edits - Parking Requirements
Date:Monday, November 3, 2025 12:10:41 PM
Attachments:UDC Requested Edits - Parking Requirements 2025.11.03.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good Morning –
Please see the attached for review & consideration starting with the Community Development
Board.
Thank you,
Tyler
Tyler Steinway, AICP | Senior Planner
Intrinsik Architecture, Inc.
106 East Babcock Street Suite 1A Bozeman, Montana 59715
O. 406.582.8988 Direct: 406.426.9568 M. 406.220.8210
3 November 2025
Community Development Board
via Email: Csaunders@bozeman.net
RE: Unified Development Code 9/19 Draft
Subject: Request for Amendments: Parking Requirements
We find that separating the rules for parking spaces into two categories (pre-state mandate & post
mandate) is unnecessary.
It is our recommendation that code section 38.530.040.B (Minimum required motor vehicle
parking effective through September 30, 2026) be removed from the draft code.
This will reduce confusion and will eliminate pages that would otherwise be obsolete in a few
months.
Furthermore, there appears to be a typo in Section 38.530.040.C.4 – B-3 Minimum and Maximum
requirements. The residential parking requirement in the B-3 district contradicts the new state law
and table above. This should be updated to no minimum required or similar.
Please see the requested edits on the following pages.
Thank you for your considerations,
Intrinsik Architecture
Robert J. Pertzborn, AIA Tyler Steinway, AICP
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
d. Where it will cause unmanageable freeze/thaw and icing of sidewalks, pathways and other
paved surfaces;
e. Where it obstructs on-site amenities, including but not limited to points of egress, mailboxes,
storage areas, and trash enclosures;
f. Within any access easement;
g. Where placed in a manner which violates the Clean Water Act (CWA) and/or the Montana
Pollutant Discharge Elimination System (MPDES), and/or any other federal, state or local law
or statute; or
h. Where it will cause damage to trees located in the public right-of-way.
M. Parking and stacking for drive-in/drive-through facilities.
Required parking and stacking spaces for waiting automobiles must provide a minimum of two
stalls and six spaces for stacking per lane unless a traffic summary shows that fewer spaces may be
required. These spaces may not in any manner inhibit on-site or off-site vehicular circulation.
N. Stormwater drainage.
Stormwater drainage from parking lots must be directed into detention/retention facilities and water
quality improvement facilities as required by the engineering department, or in compliance with the
storm drainage provisions of chapter 40 article 4, and/or best practices manual adopted by the city.
O. Mechanical vehicle lifts.
Mechanical vehicle lifts may be used to meet required parking when the lift design allows for access
to a specific vehicle on demand.
sec. 38.530.030. - Maintenance of parking areas.
It is the joint and separate responsibility of the lessee and owner of the principal use, uses or building to
maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, irrigation,
and required fences or screening.
A. Use of required parking areas for parking only.
Required off-street parking spaces may not be utilized for open storage, sale or rental of goods, or
storage of inoperable vehicles, except when permitted as a temporary use.
B. Parking spaces identified and maintained.
When enclosing a carport or garage for storage or living purposes, an affidavit must be submitted to
the community development director identifying the required parking spaces necessary to comply
with 38.530.040.
sec. 38.530.040. - Number of vehicle parking spaces required.
A. No required motor vehicle parking.
1. The minimum parking requirements of 38.530.040-1 do not apply within the following areas:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
a. Midtown Urban Renewal District;
b. North Park Urban Renewal District;
c. Pole Yard Urban Renewal District (north of the railroad only);
d. South Bozeman Technology Urban Renewal District;
e. B-3C zoning district; and
f. Montana State University owned and operated facilities within the bounds of the parking
management program.
2. All other requirements of this division, including bicycle parking, maximum parking, parking
design standards, and standards when parking is provided, are applicable.
B. Minimum required motor vehicle parking – Effective through September 30, 2026.
1. General.
a. Calculation of required parking.
(1) The number of spaces shown in Table 38.530.040-1 and Table 38.530.040-4 must
be provided. Parking stalls required pursuant to the Americans with Disabilities Act
or other similar federal or state law may be provided from the minimum number of
required parking stalls. All plans submitted for permit review must identify parking space
allocations. Fees may be charged by the landowner for the use of required parking
spaces.
(2) Alternate parking ratios may be approved where an applicant submits a parking study,
prepared by a qualified professional. The study must illustrate that the required parking
ratios of do not accurately apply to a specific development proposal.
(3) The number of spaces required is the total number of the spaces required for each use
on the site, calculated separately.
(4) When calculation of required parking results in a fraction of a parking space being
required, the fractional space is not required to be provided.
b. Change of use or occupancy of buildings.
With any change of use or occupancy of any building or buildings an occupancy permit
is required. When the change in use or occupancy requires more than a ten % cumulative
increase in parking over that required with the initial building construction, an occupancy
permit may not be issued until additional parking spaces, in the amount required, are
provided.
c. Stacking of off-street parking spaces.
(1) Two parking spaces serving a single unit dwelling may be horizontally stacked.
(2) Both parking spaces must be assigned to the same dwelling unit.
(3) Stacked parking is not allowed for guest parking.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
d. Ownership/leasehold.
Required parking lots must be owned or leased by the owner or lessee of the building or
use being served by the parking. The parking lot must be maintained as a parking lot so long
as the building and/or use served is in operation or until another approved parking area is
established for the building or use.
e. Unenclosed parking allowed.
Required parking may be provided indoors or outdoors; required parking does not have to be
provided in an enclosed space.
2. Residential uses.
a. Minimum requirements.
The following minimum number of off-street parking spaces must be provided.
Table 38.530.040-1
Use Minimum Parking Spaces Required
General Residential
Studio apartment or one-bedroom. All types of
individual unit dwellings within the B-3 district.1 per unit
Two-bedroom or more 2 per unit (1.75 per unit in R-D)
Group Residential
Community residential, group home, and
lodginghouse 0.75 per person of approved capacity
Group living/cooperative household/fraternity and sorority
First 25 residents: 1 per resident;
Each resident beyond 25: 0.9 per resident
Fraternity and sorority: Five guest spaces
Transitional and emergency housing
0.25 per person of approved capacity. Additional services and facilities to serve non-residents must provide parking in accordance with Table 38.530.040-4.
b. Adjustments to minimum requirements.
(1) On-street parking.
For projects submitted through a site plan or special use permit review process, one
parking space for each 24 uninterrupted linear feet of available street frontage usable
for on-street parking directly adjacent to a lot may be deducted from the total parking
spaces required for a development. The number of on-street spaces calculated may not
exceed the number of dwellings on the lot. The width of drive accesses, designated non-
parking areas, vision triangles, and similar circumstances are not available for the purpose
of meeting parking requirements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
(2) Transitional and emergency housing, group living, cooperative household, community
residential.
A transitional and emergency housing facility, group living, cooperative household,
or community residential facility may request to provide fewer parking spaces if the
applicant provides evidence that some or all residents are prohibited from operating
motor vehicles. Under no condition may less than two parking spaces be provided. If
the use of the facility is altered to serve a different population who may operate motor
vehicles, then the additional required parking must be provided before the change in use
may occur.
(3) Mixed-use projects.
(a) General
(i) In order to utilize this section, the long-term availability of parking spaces upon
which the use of this section was based must be ensured.
(ii) For the purpose of this section a building is considered mixed-use if the non-
residential portion of the building is at least one-quarter of the gross square feet
not used for parking.
(iii) Residences in mixed-use buildings may count on-street parking even if the area
is subject to occupancy time limits.
(iv) The use of this section does not preclude the use of other sections of this
division which may have the effect of reducing the required amount of parking.
(v) It must be demonstrated that there is no substantial overlap in the operating
hours of the uses for which the sharing of parking spaces is proposed.
(b) Non-residential dominant mixed-use projects.
When calculating the amount of required parking for residential uses within a mixed-
use project that requires more non-residential parking than residential parking the
amount of residential parking may be reduced subject to Table 38.530.040-2.
Table 38.530.040-2
Residential
Reduction
Allowed
Ratio of Required Non-
residential to Required
Residential Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(c) Residential dominant mixed-use projects.
When calculating the amount of required parking for non-residential uses within a
mixed-use project that requires more residential parking than non-residential parking
the amount of non-residential parking may be reduced subject to Table 38.530.040-3.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.530.040-3
on-residential
Reduction
Allowed
Ratio of Required Residential
to Required Non-residential
Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
3. Non-residential uses.
a. Minimum and maximum requirements.
(1) The following minimum number of off-street parking spaces must be provided.
(2) Parking spaces provided beyond the maximum surface parking shown in Table
38.530.040-4 are allowed but must be provided in a parking structure.
(3) The first 1,500 gross square feet of a non-residential floor area is not included in the
calculation of minimum required parking. It is included in the calculation of maximum
parking.
Table 38.530.040-4
Use Minimum Vehicle Parking
Spaces Required
Maximum Vehicle Surface
Parking Spaces Allowed
Recreation, Culture & Entertainment
Community center 4 per 1,000 square feet of gross floor area 8 per 1,000 square feet of gross floor area
All other recreation, culture and
entertainment uses
5 per 1,000 square feet of
gross floor area
10 per 1,000 square feet of
gross floor area
Lodging
All lodging uses 0.8 per guest room 1.6 per guest room
Public, Government & Regional
All public, government and
regional uses not meeting another
classification in this table
2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Personal & General Service
All personal and general service uses 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
General Retail
Restaurant 5 per 1,000 square feet of
gross floor area
10 per 1,000 square feet of
gross floor area
All other general retail uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Industrial & Wholesale
All industrial and wholesale uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Agriculture
All agriculture uses 1 per site No restriction
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-43 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. B-3 district.
a. Minimum and maximum requirements.
(1) In the B-3 district, the minimum number of required spaces shown in Table 38.530.040-5
can be provided as an alternative to the number of spaces required in Table 38.530.040-1
or Table 38.530.040-4.
(2) Parking spaces provided beyond the maximum shown in Table 38.530.040-5 are allowed
but must be provided in a parking structure.
(3) The first 3,000 gross square feet of non-residential floor area within a building is not
included in the calculation of minimum required parking. This floor area is included in the
calculation of maximum parking.
Table 38.530.040-5
Use Minimum Parking Spaces
Required
Maximum Vehicle Surface Parking
Spaces
All types of dwelling units 1 per unit 2 per unit
All lodging uses
0.6 per room (including
accessory uses up to 20% of
the building area)
1.2 per room (including accessory
uses up to 20% of the building area)
All other uses 1 per 1,000 square feet of gross floor area 2 per 1,000 square feet of gross floor area
5. Affordable dwellings.
When calculating the amount of required parking for affordable dwellings, as defined in
38.700.020, if the project is subject to an approved affordable housing plan, then required parking
spaces must be provided pursuant to 38.380.
6. Relief
To request an alternative to minimum requirements, an applicant may submit a formal parking
study for review and approval by the review authority. The following elements must be included
in the parking study:
a. Documentation of assumptions. The study must clearly state the basis for its parking
projections, such as building size, employee and seating capacity, and anticipated operating
hours.
b. Data from comparable sites. To justify lower demand, cite similar developments to
project parking needs. These comparison sites must have similar uses, sizes, and market
characteristics.
c. Analysis of usage patterns. The study needs to show that the comparable site's operating
hours and peak periods align with the proposed project or explain any differences.
d. Quantitative methodology. The study must document the data collection process and
analytical method used to calculate estimated parking demand. Acceptable references
include the Institute of Transportation Engineers (ITE) Parking Generation manual or
comparably robust data sets and sophisticated analyses.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-44 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C. Minimum required motor vehicle parking – Effective October 1, 2026.
1. General.
The state of Montana has adopted limitations on the ability of local governments to establish
parking requirements. These regulations comply with those limitations.
2. Methods and processes.
a. Calculation of required parking.
(1) The number of spaces shown and provided in Table 38.530.040-1 and Table 38.530.040-
2. An applicant may provide more than the minimum required. Parking stalls required
pursuant to the Americans with Disabilities Act, accessibility requirements of building
code, or other similar federal or state law are in addition to the minimum number of
required parking stalls. The city does not review for compliance with non-city parking
requirements during verification of Chapter 38 compliance. All plans submitted for permit
review must identify parking space allocations. Fees may be charged by the landowner
for the use of required parking spaces.
(2) The number of spaces required is the total number of the spaces required for each use
on the site, calculated separately.
(3) When calculation of required parking results in a fraction of a parking space being
required, the fractional space is required to be provided when the fraction exceeds 0.5.
b. Change of use or occupancy of buildings.
No additional parking is required for a change in use of a building.
c. Stacking of off-street parking spaces.
(1) Two parking spaces serving a single dwelling may be horizontally stacked.
(2) Both parking spaces must be assigned to the same dwelling unit.
(3) Stacked parking is not allowed for guest parking.
d. Ownership/leasehold.
Required parking lots must be owned or leased by the owner or lessee of the building or use
being served by the parking. The parking lot must be maintained as a parking lot so long as
the building and/or use served is in operation, or until another parking area is established for
the building or use and is approved by the city.
e. Unenclosed parking allowed.
Required parking may be provided indoors or outdoors; required parking does not have to be
provided in a fully enclosed space.
3. Residential uses.
a. Minimum requirements.
The following minimum number of off-street, parking spaces must be provided.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-45 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.530.040-1
Use Minimum Parking Spaces Required
General Residential
Dwelling less than 1,200 sq. ft.None
Dwelling 1,200 sq. ft. or greater 1 per dwelling
Deed restricted affordable housing – any size dwelling None
Group Residential
Community residential 0.75 per person of approved capacity
Assisted living facilities None
Group living/cooperative household/fraternity
and sorority
First 25 residents: 1 per resident;
Each resident beyond 25: 0.9 per resident
Fraternity and sorority: Five guest spaces
Lodginghouse 0.75 per person of approved capacity
Transitional and emergency housing
0.25 per person of approved capacity. Additional
services and facilities to serve non-residents
must provide parking in accordance with Table
38.530.040-4.
b. Adjustments to minimum requirements.
(1) Transitional and emergency housing, group living, cooperative household, community
residential.
A transitional and emergency housing facility, group living, cooperative household,
or community residential facility may request to provide fewer parking spaces if the
applicant provides evidence that some or all residents are prohibited from operating
motor vehicles. Under no condition may less than two parking spaces be provided. If
the use of the facility is altered to serve a different population who may operate motor
vehicles, then the additional required parking must be provided before the change in use
may occur.
(2) Mixed-use projects.
(a) General
(i) In order to utilize this section, the long-term availability of parking spaces upon
which the use of this section was based must be ensured.
(ii) For the purpose of this section a building is considered mixed-use if the non-
residential portion of the building is at least one-quarter of the gross square feet
of building area not used for parking.
(iii) The use of this section does not preclude the use of other sections of this
division which may have the effect of reducing the required amount of on-site
parking.
(iv) It must be demonstrated that there is no substantial overlap in the operating
hours of the uses for which the sharing of parking spaces is proposed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-46 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. Non-residential uses.
a. Minimum and maximum requirements.
(1) The following minimum number of off-street parking spaces must be provided.
(2) Parking spaces provided beyond the maximum surface parking shown in Table
38.530.040-2 are allowed but must be provided in a parking structure.
(3) The first 1,500 gross square feet of a non-residential floor area is not included in the
calculation of minimum required parking. It is included in the calculation of maximum
parking.
(4) Reuse of buildings, whether vacant or in active use at the time of application, are not
required to provide additional parking spaces.
Table 38.530.040-2
Use Minimum Vehicle Parking
Spaces Required
Maximum Vehicle Surface
Parking Spaces Allowed
Recreation, Culture & Entertainment
Community center 4 per 1,000 square feet of
gross floor area
8 per 1,000 square feet of
gross floor area
All other recreation, culture and entertainment uses 5 per 1,000 square feet of gross floor area 10 per 1,000 square feet of gross floor area
Lodging
All lodging uses 0.8 per guest room 1.6 per guest room
Public, Government & Regional
All public, government and
regional uses not meeting another
classification in this table
2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
Personal & General Service
All personal and general service uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Child-care facilities licensed or
registered with the dept. of public
health and human services
None 4 per 1,000 square feet of
gross floor area
General Retail
Restaurant 5 per 1,000 square feet of gross floor area 10 per 1,000 square feet of gross floor area
All other general retail uses 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
Industrial & Wholesale
All industrial and wholesale uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Agriculture
All agriculture uses 1 per site No restriction
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-47 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
5. B-3 district.
a. Minimum and maximum requirements.
(1) In the B-3 district, the minimum number of required spaces shown in Table 38.530.040-3
can be provided as an alternative to the number of spaces required in Table 38.530.040-1
or Table 38.530.040-2.
(2) Parking spaces provided beyond the maximum shown in Table 38.530.040-3 but must
be provided in a parking structure.
(3) The first 3,000 gross square feet of non-residential floor area within a building is not
included in the calculation of minimum required parking. This floor area is included in the
calculation of maximum parking.
Table 38.530.040-3
Use Minimum Parking Spaces
Required
Maximum Vehicle Surface Parking
Spaces
All types of dwelling units 1 per unit 2 per unit
All lodging uses
0.6 per room (including
accessory uses up to 20% of
the building area)
1.2 per room (including accessory
uses up to 20% of the building area)
All other uses 1 per 1,000 square feet of gross floor area 2 per 1,000 square feet of gross floor area
6. Relief
To request an alternative to minimum requirements, an applicant may submit a formal parking
study for review and approval by the review authority. The following elements must be included
in the parking study:
a. Documentation of assumptions. The study must clearly state the basis for its parking
projections, such as building size, employee and seating capacity, and anticipated operating
hours.
b. Data from comparable sites. To justify lower demand, cite similar developments to
project parking needs. These comparison sites must have similar uses, sizes, and market
characteristics.
c. Analysis of usage patterns. The study needs to show that the comparable site's operating
hours and peak periods align with the proposed project or explain any differences.
d. Quantitative methodology. The study must document the data collection process and
analytical method used to calculate estimated parking demand. Acceptable references
include the Institute of Transportation Engineers (ITE) Parking Generation manual or
comparably robust data sets and sophisticated analyses.
sec. 38.530.050. - Joint use of parking facilities.
Up to 80 % of the parking spaces required by 38.530.040 subject to the requirements below may be
provided through shared parking. Shared parking may be requested if shared parking can be provided to