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HomeMy WebLinkAbout21381 Staff Report UDC Replacement 2025 - City Commission hearing Page I of 59 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 main motion 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 motion 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: November 20, 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 Staff Report for the Unified Development Code Replacement, 21381 Page 2 of 59 may be identified. The Staff and Community Development Board recommended several revisions for consideration by the City Commission. Attached with this report is an updated version of the draft text incorporating editorial and other minor corrections. Draft text and map and other supporting information is available at the project website and through the Commission packet materials including links to documents. Included with this material are markups of specific portions of the draft text showing substantive revisions recommended by the Community Development Board. The Commission may choose to incorporate the sections as recommended, amend them further, or decline to include them in the final draft. 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. The draft text and map were updated after the Community Development Board hearings. The initial public review draft released on September 19, 2025, and the updated draft released on November 11, 2020, as well as associated zoning map are available in Laserfiche. Located in the same folder are listings of the changes and proposed further revisions recommended by the Community Development Board. 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. Staff Report for the Unified Development Code Replacement, 21381 Page 3 of 59 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 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 engaae.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 Staff Report for the Unified Development Code Replacement, 21381 Page 4 of 59 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. 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 The Board began its public hearing and formal review on November 3rd, twenty-one persons offered oral comments. After the public hearing comment period closed, the Board considered the written and oral public comment, the draft text and map, staff analysis, and the criteria established in state law and presented in this staff report for adoption of zoning and subdivision regulations. The Board made and seconded a motion to approve the draft text and zoning map. The Board made and passed 15 amending motions to the main motion to amend the text and zoning map. The motions and content are identified in the summary documents [external link] presented along with draft text and map. After concluding discussion and amending motions, the Board passed the main motion to recommend approval. Video recording [external link] and packet of the November 3rd hearing. Video recording [external link] and packet of the November 171h hearing. City Commission In preparation for the public hearing on the repeal and replacement of Chapter 38, the City Commission held two work sessions to review content of the document and zoning map; and to receive the recommendations of the Community Development Board. Video recording [external link] and packet of the November 101h work session. Begins at minute mark 37:00 in the recording. Video recording [external link] and packet of the November l 8th work session. Begins at minute mark 34:15 in the recording. Staff Report for the Unified Development Code Replacement, 21381 Page 5 of 59 TABLE OF CONTENTS EXECUTIVESUMMARY ...................................................................................................... 1 UnresolvedIssues ............................................................................................................... 1 ProjectSummary................................................................................................................. 2 Strategic Plan Implementation............................................................................................ 3 AdvisoryBoards ................................................................................................................. 3 StaffRecommendations...................................................................................................... 4 CommunityDevelopment Board........................................................................................ 4 CityCommission................................................................................................................ 4 SECTION I -RECOMMENDATIONS AND FUTURE ACTIONS...................................... 6 SECTION 2 -MAP SERIES .................................................................................................... 7 SECTION 3 -MONTANA LAND USE PLANNING ACT STAFF ANALYSIS AND FINDINGS REGARDING STATE CRITERIA FOR ZONING AND SUBDIVISION REGULATIONS....................................................................................................................... 9 Zoning Criteria—MLUPA 76-25-304(2)(c)....................................................................... 9 Zoning Criteria—MLUPA 76-25-304(5)(d).....................................................................44 Subdivision Criteria—MLUPA 76-25-403.......................................................................44 SECTION 4—FUTURE LAND USE MAP CORRELATION WITH ZONING..................48 SECTION 5 - IMPLEMENTATION...................................................................................... 51 APPENDIX A- DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 52 APPENDIX B -ADOPTED PLANS & RESOURCES......................................................... 56 APPENDIX C -NOTICING AND PUBLIC COMMENT.................................................... 57 APPENDIX D -APPLICANT INFORMATION AND REVIEWING STAFF.................... 59 FISCALEFFECTS................................................................................................................. 59 ATTACHMENTS................................................................................................................... 59 Staff Report for the Unified Development Code Replacement, 21381 Page 6 of 59 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 held a public hearing beginning on November 3, 2025, at 6 pm. The hearing continued to November 17, 2025. The Board completed their review and recommended adoption and potential revisions at their Nov. 17th meeting. The City Commission is scheduled to hold a public hearing on the new regulations on December 2, 2025, at 6:00 p.m. Building Our Future Together UPDATING THE DEVELOPMENT CODE Project Logo—click on the image to go to the project website. Staff Report for the Unified Development Code Replacement, 21381 Page 7 of 59 SECTION 2 -MAP SERIES i '■^ - _ �L bt — ,p -- ■ ; )L ;. - ■ The future land use map may be seen in greater detail through the Community Development web viewer. Staff Report for the Unified Development Code Replacement, 21381 Page 8 of 59 r I p o t� , �t p y =ii o ' ✓&3 t ve 1 k , o � r Historic Districts Proposed F. Mir Zo'92025 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. Additional details are provided on this map for locations of historic districts which will not be included on the final zoning map for adoption. Staff Report for the Unified Development Code Replacement, 21381 Page 9 of 59 SECTION 3 MONTANA LAND USE PLANNING A CT STAFF ANAL YSIS 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 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. Staff Report for the Unified Development Code Replacement, 21381 Page 10 of 59 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 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. The FLUM is presented in one image at the end of this review criterion rather than we each element evaluated. 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. Staff Report for the Unified Development Code Replacement, 21381 Page 11 of 59 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 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 Staff Report for the Unified Development Code Replacement, 21381 Page 12 of 59 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. 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 Staff Report for the Unified Development Code Replacement, 21381 Page 13 of 59 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 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. Staff Report for the Unified Development Code Replacement, 21381 Page 14 of 59 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. 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 Staff Report for the Unified Development Code Replacement, 21381 Page 15 of 59 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 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 Staff Report for the Unified Development Code Replacement, 21381 Page 16 of 59 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 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 133C 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. 71h Ave, Main Street, and N. 191h 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. Staff Report for the Unified Development Code Replacement, 21381 Page 17 of 59 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. 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. Staff Report for the Unified Development Code Replacement, 21381 Page 18 of 59 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. 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 Staff Report for the Unified Development Code Replacement, 21381 Page 19 of 59 standards (38.260.070)to increase the scope of applicability and adding components to the standard, as discussed in more detail above in A.2.1). 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. 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 simples 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, Rl, and R2 districts. The RO, RMH, and UMU districts have been deleted. The 133C 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. Staff Report for the Unified Development Code Replacement, 21381 Page 20 of 59 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 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 133C 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 Staff Report for the Unified Development Code Replacement, 21381 Page 21 of 59 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. 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 (3 8.710.050.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 Staff Report for the Unified Development Code Replacement, 21381 Page 22 of 59 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. 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. Staff Report for the Unified Development Code Replacement, 21381 Page 23 of 59 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 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 (3 8.710.050.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. Staff Report for the Unified Development Code Replacement, 21381 Page 24 of 59 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. 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, 3 8.320.010). 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. Staff Report for the Unified Development Code Replacement, 21381 Page 25 of 59 The proposed zoning map shows differences from the prior map due to deletion of the RMH, RO, and UMU zones, creation of the 133C 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. 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, RI, 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 ofplace through programs and policy led by both City and community efforts. Staff Report for the Unified Development Code Replacement, 21381 Page 26 of 59 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 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 new law is the removal of the RMH zoning district and integration of manufactured housing in all residential districts on the same basis as other housing. A listing of the districts in both the current and the proposed draft follows. Staff Report for the Unified Development Code Replacement, 21381 Page 27 of 59 Residential Suburban R-A Residential Low District Residential Low Density R-B Residential Low- District Medium Residential Moderate R-C Residential Medium Density District Residential Medium R-D Residential High Density District Residential High Density B-1 Neighborhood Mixed- District Use Residential Mixed-Use B-2 Community Business High Density District Residential-Office District B-2M Community Mixed-Use Residential Manufactured B-3 Downtown Mixed Use Home Community District : Neighborhood Business B-3C Downtown Mixed-Use District Core : Community Business REMU Residential Emphasis District Mixed Use Community Business NEHMU Northeast Historic District- Mixed Mixed-Use Downtown Business B-P Business Park District Urban Mixed-Use District M-1 Light Manufacturing Light Manufacturing M-2 Manufacturing and District Industrial Manufacturing and PLI Public Lands and Industrial District Institutions Staff Report for the Unified Development Code Replacement, 21381 Page 28 of 59 Business Park District NCOD Neighborhood Conservation Overlay M AL_ District ' Public Lands and PDZ Planned Development Institutions District Zone Northeast Historic Mixed- Use District Neighborhood Conservation Overlay District Residential Emphasis Mixed-use District 1 Planned Development Zone Staff Report for the Unified Development Code Replacement, 21381 Page 29 of 59 I� R Tq A�cq�F p M � R w VALLEY CENTER 9CC` ® ` — Ul l► 1 > BRIDGER Q BRIDGER _ BAXTER i > BR -R _ o �OAK�irOAK Uj V) r z . ■ ��K 01 LL D ON �� PEACH Z `r BCOCK F r, J N� F9 �Ia Y� p ` HUFFINE. 1Uj6E r_COLLEGE! I STUCKY Iwo Ob z L]Urtmn W-ghbuthouxf GOLDENSTFIN`� _Ttadaiuna l Core Q r f O U-Kiential Mlned U ■ II use Rey oral 07 �Com rrrerc island �� O Servicc p� Community Q Con mial Mimd t�l Use M Maker Space Miacd MU_ _Industrial _Public lrsti Wl.— Parks and Open Lands �1 No City Sena ices Major Rods Lard Use Plan Boundary Future Land Use Map of the Bozeman Community Plan, Adopted Oct 28, 2025 Staff Report for the Unified Development Code Replacement, 21381 Page 30 of 59 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). Staff Report for the Unified Development Code Replacement, 21381 Page 31 of 59 (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; 0) 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%; (1) 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 Staff Report for the Unified Development Code Replacement, 21381 Page 32 of 59 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 Staff Report for the Unified Development Code Replacement, 21381 Page 33 of 59 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 Staff Report for the Unified Development Code Replacement, 21381 Page 34 of 59 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. Staff Report for the Unified Development Code Replacement, 21381 Page 35 of 59 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 Staff Report for the Unified Development Code Replacement, 21381 Page 36 of 59 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 Staff Report for the Unified Development Code Replacement, 21381 Page 37 of 59 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. 7t'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. Staff Report for the Unified Development Code Replacement, 21381 Page 38 of 59 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) 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. Staff Report for the Unified Development Code Replacement, 21381 Page 39 of 59 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.Q. 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 (3 8.700.100, adopted buildingcodes,odes, 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). 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 Staff Report for the Unified Development Code Replacement, 21381 Page 40 of 59 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 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 Staff Report for the Unified Development Code Replacement, 21381 Page 41 of 59 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 infill and redevelopment are productive. Each plan looks at the physical hardware and other Staff Report for the Unified Development Code Replacement, 21381 Page 42 of 59 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. Submittal of any application requires demonstration of compliance with adopted standards. Specific application submittal materials are identified in Division 38.710. An applicant may show compliance by indicating consistency between their proposed development and the issue plan or other prior analysis provided. If there is a difference, then additional information must be provided and made available for City and public review. Staff Report for the Unified Development Code Replacement, 21381 Page 43 of 59 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 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 3 8.7 10 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 Staff Report for the Unified Development Code Replacement, 21381 Page 44 of 59 natural hazards are included in the text and apply to each zoning district. Therefore, the zoning map meets this criterion. 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 Staff Report for the Unified Development Code Replacement, 21381 Page 45 of 59 approved. Division 38.750 establishes the necessary procedures to review and approve new subdivisions or alter existing ones. 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 Staff Report for the Unified Development Code Replacement, 21381 Page 46 of 59 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 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. Staff Report for the Unified Development Code Replacement, 21381 Page 47 of 59 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. Submittal of any application requires demonstration of compliance with adopted standards. Specific application submittal materials are identified in Division 38.710. An applicant may show compliance by indicating consistency between their proposed development and the issue plan or other prior analysis provided. If there is a difference, then additional information must be provided and made available for City and public review. Staff Report for the Unified Development Code Replacement, 21381 Page 48 of 59 Standards for development established with zoning such as the 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. SECTION 4-FUTURE LAND USE MAP CORRELATION WITH ZONING Chapter 3 1 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. Staff Report for the Unified Development Code Replacement, 21381 Page 49 of 59 EXISTING DISTRICTS CORRELATION WITH ZONING The zoning districts which implement each future land use category are shown in relation to each future land use category in chart below.For zoning district intent,see 38.300.For permit- ted uses,see 38.310. Urban Neighborhood ❑ ❑ ❑ 4 004 sons oo� :00:®R-S.R-1,R-2,R-3,RA R-5,R-O,REM RMH. B-1,PLI Residential Mated Use °❑ °❑ °❑ 4 00 4 goo R-3,RA R-5, R-O, REMU,BAPLI ��' o� Community Commercial Mixed Use O o00 000 R-O,REMU,B-1,B-2,B-2M, UMU, NEHMU,PLI ��NiIIIIIII"""" QooQ B-2M,B-3,PLI 111���111 LEGEND 10 Low Density Housing aao y y 00 Oeg p�'pp�Moderate Density Housing 00 4 000 B-2,B-2M,UMU,PLI IIIE I Medium Density Housing High Density Housing& p Mixed Use Neighborhood&Community ® °o°s°o �Commercial&Business BP,MA NEHMU,PLI Office Downtown Business& ®® o0o Mixed Use 000 Large Commercial&Business oao 000 MA M-2,BP, PLI Maker Space Parks&Open Lands Manufacturing&Anti san } Public Lands,Parks, PLI &Open Space Educational Facilities Civic Buildings&Institutions PLI Existing Correlation with Zoning Staff Report for the Unified Development Code Replacement, 21381 Page 50 of 59 CORRELATION WITH ZONING The zoning districts which implement each future land use category are shown in relation to each future land use category in chart below, For zoning district intent,see 38.300.For permitted uses,see 38.310. Urban Neighborhood O q Oa a ❑ ❑ ❑ oo o°o°o ® � � ❑ ❑ ❑ 4 00 4 � o00 R-A, R-B,R-C, R-D,RE MU,B-1,PLI Residential Mixed Use ❑ ❑ ❑ oo °o°e°e ❑ ❑ ❑ noon O oaa R-B,R-C,R-D,REMU,B-1,BLI I I Community Commercial Mixed Use oo o°o°o 00 Q o00 4 C oao REMU,B-1, B-2,B-21VI,UMU,NEHMU PLI -TF00 a forial o e W o0 0 00 4 4 B-2M,B-3,B-3C,PLI LEGEND Low Density Housing egional Commercial& Services o0 000 �r}� Q 00 Q oao Moderate Density Housing ll�o-llppll 0 0 0 E-2, F' _'1.1,P L; 8 B 8 Medium Density Housing 8I High Density Housing& Mixed Use Aker Space Mated Use ® °a°oo° Neighborhood&Community ® eeeea eee Commercial&Business BP, M-1,NEHMU,PLI Office nri Downtown Business& ® o00 Mixed Use ooa ® oaa 000 � Large Commercial&Business M-1,M-2,BP,PLI l5i Maker Spaoe p Manufacturing&Artisan R Public Lands,Parks, PLI 956 &Open Spaoe 16 Educational Facilities Civic Buildings&Instit tons 5� PLI 58 BOHMAN'2025 COMMUNITY PLAN Proposed Correlation with Zoning Staff Report for the Unified Development Code Replacement, 21381 Page 51 of 59 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. Staff Report for the Unified Development Code Replacement, 21381 Page 52 of 59 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. Staff Report for the Unified Development Code Replacement, 21381 Page 53 of 59 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. Staff Report for the Unified Development Code Replacement, 21381 Page 54 of 59 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, engaae.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 Staff Report for the Unified Development Code Replacement, 21381 Page 55 of 59 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 StudX, 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. Staff Report for the Unified Development Code Replacement, 21381 Page 56 of 59 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 Bozeman Community Plan Appendix B. The planning area for each issue 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 issue 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 Staff Report for the Unified Development Code Replacement, 21381 Page 57 of 59 now and in the future. MLUPA requires advance planning for a wide range of infrastructure and services. 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. Hearing 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 November 20, 2025, the website had received 38,396 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 the Commission's packet for the public hearing. Comment: Written comments have been submitted through the City's public comment email commentskbozeman.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. 9 2022 Staff Report for the Unified Development Code Replacement, 21381 Page 58 of 59 • 2023 • 2024 • 2025 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:Hengage.bozeman.net/udc and are included by this reference in the materials for the Commission's consideration. 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 made available for further public review. Work sessions were held by the Community Development Board and City Commission to review the proposed text, ask questions, and be informed in advance of the public hearings. The public was able to attend and comment. The Community Development Board carefully considered public input and recommended numerous revisions to respond to issues raised by the public. See the meeting recordings and minutes for details. A summary of recommendations is also provided in the project folder referenced in the Attachments section below. Examples of revisions resulting from public comment include: changing which districts were consolidated into the new RA district, number of dwellings per structure allowed in the RA and RB districts, changes to 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 boundaries and designations on 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. Staff Report for the Unified Development Code Replacement, 21381 Page 59 of 59 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. Supporting documents and information are attached to the agenda packet or available through the project folder in Laserfiche.