HomeMy WebLinkAboutRevisions to Sept 19, 2025 UDC Draft Shown in the Nov 24, 2025 Draft Revisions to the Sept. 19, 2025, Draft of the Unified
Development Code, Chapter 38 BMC Shown in the November
247 2025 Base Draft
The Community Development Board recommended approval of certain minor revisions to the draft
text to correct cross references, correct typographic errors, and clarify language as part of their
recommendation to the City Commission. The revisions were identified by members of the public,
members of staff, and members of the Board. City Commission had previously directed that this type
of revision be directly included in a revised draft before the Commission hearing. For full disclosure of
revisions each change is identified and described in this table.
For clarity, standard editing marks are used with underlines indicating added text and strikethrou
indicating deletions. A few more global changes or relating to graphics are described with direction
but not specific edit wording.
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This chapter is adopted by authority of t#e-MCA 76-25-nn�. Additional city
authority is granted by various other sections of state law and the authority granted
1 38.100.020 1-2 by those sections is incorporated in this chapter.
Sec. 38.100.040. - Purpose of chapter.
A.The purpose of this chapter is to protect the public health, safety and general
welfare;to recognize and balance the various rights and responsibilities relating to
land ownership, use, and development and other rights identified in the United
States and State of Montana constitutions, and statutory and common law, comply
with the Montana Land Use Planning Act as may be amended from time to time;to
implement the city's adopted land use plan; and to meet all requirements of state
law. Further, it is the purpose of this chapter to exercise to the fullest extent the
2 38.100.040.A 1-2 authority of the city's Charter, utility, and all other powers.
4.The review authority may approve the requested change within 10 business
38.100.070.E. "^days of the close of any public comment period if it meets the criteria set
3 4 1-4 forth in this chapter.
Add "mixed-use"to title of RB, RC, and RD districts to reflect the modified allowed
uses of those districts as directed by the Commission. Carry title naming throughout
4 38.200.020.D 2-3 the code.
13-2M graphic should be less intense to match B-2 graphic to remove 6th story due to
5 38.220.010.0 2-18 revision in allowed height.. Match through entire division where 132M is referenced
This district is envisioned as a vibrant, eclectic, mixed-use neighborhood that honors
its historic roots in light industrial, manufacturing, and residential uses. At the same
time, it welcomes the thoughtful integration of new residential as well as
neighborhood-scale artisan, art-making, retail, service, and other commercial uses.
Adaptive reuse of existing buildings, along with context-sensitive new construction,
should foster active street frontages that invite social interaction through art, public
6 38.220.010.G 2-19 plazas, and gardens.".
Revise the graphic to match allowed height in revised code. Match through entire
7 38.220.010.G 2-19 division where NEHMU is referenced
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B-2M zoning no longer allows 6 story buildings due to 60 ft height limit. Use graphic
from B-2 on 2-26 since building heights are effectively the same or swap B-2 and B-
8 38.220.030 2-27 2M graphics on 2-26 and 2-27 since B-2 allows 90 ft buildings and B-2M allows 4-5.
The 80' height allowed in Business Park district should be associated with Regional
9 38.230.020.B 2-41 Commercial and 60' associated with all other land use designations.
Remove reference to "administrative design review staff"from title and just use
10 38.240.020.B 2-50 "staff'.
38.260.010.B. a. Each lot line must have one of the following designations and no individual lot line
11 La 2-78 can have more than one of the following designations:
38.260.030.A.
12 4.b 2-81 s= Dedicated a+�d or reserved but undedicated school or park sites (acres)
2. Applicability
The building setback requirements apply to all lots and designations of applicable lot
13 38.260.060.A 2-93 lines are in 38.260.010.
f. Maximum Setback
38.260.060.A. The area between the minimum and maximum street setbacks defines the build-to
14 If 2-93 zone. For requirements related to the build-to zone, see 38.2602-59.080.
38.260.070.A.
15 3 2-96 Change the A and B labels for the setback distances to X and Y
Additional graphic to illustrate how differences in grade impact height
height bon6 s
Maximum height
with bonus
38.260.100.A. Figure 38.260.100-2. Height bonus.
16 4 2-106
38.260.100.B.
17 4.b 2-110 Additional graphic to illustrate how wall plate height applies on complex roof forms
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-T WMI pled
\ bowl \\
wM PW2 \\
�\ WAPMW
K Wall
\ I
Figure 38.260.100-4. Wall plate height from corners.
b. Relief of up to 20%4-"0 of a dimensional standard may be granted for institutional
uses, such as schools, places of worship, or community centers if the proposed use
38.260.110.C. requires large internal spaces that cannot be reasonably accommodated within the
18 5 2-113 maximum building width.
38.260.140.A. Strike standard, a HB713 from the 2025 legislature says we can't distinguish between
19 2.b 2-119 manufactured and other types of homes for standards.
a. Relief of up to 10%to a blank wall width dimensional standard may be granted
due to preexisting natural features.
b. Public or utility facilities where windows may compromise safe operations or
38.260.140.B. security may be granted relief from the window transparency and the window and
20 5 2-124 door opening requirements of this section.
21 38.300.010.D 3-3 Make D.2 and D.3 lettered paragraphs instead of being under paragraph D.
38.320.040.B.
22 2.c(5) 3-16 Delete RMH district from list of districts and renumber remainder.
38.320.060.B.
23 1 3-21 Strike "and intent" from the title
38.320.090.D
24 .3 3-33 Limited to 3,000590-square feet of gross floor area per individual tenant.
(2) Retail of 2,500 sq. ft. or less per individual tenant is a principal use. Retail per
38.320.090.E. individual tenant greater than 2,500 sq. ft. as a PF*ne*pal use requires a special use
25 1.d(2) 3-33 permit.
a. Purpose.
4}The purpose of this section is to establish general development standards for
large scale retail developments.These standards are ;n+^ d designed in
conjunction with the other standards of this chapter to ensure compatibility of uses;
38.320.090.E. to prevent urban blight, deterioration and decay; and to enhance the health, safety
26 2 and general welfare of the residents living within the city.
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C. Stormwater retention or detention systems may be located within public
parkland, but such areas must not count towards the parkland dedication
requirement unless the stormwater pends systems on parkland are designed,
constructed and/or added to so as to be conducive to the normal use and
27 38.410.080.0 4-28 maintenance of the park.
Delete the paragraph as it is duplicative to 1.3 and renumber following items.
38.530.020.1. Remove the right side of figure 38.530.020-3 as it becomes unnecessary after the
28 2 5-38 paragraph is deleted.
Table 38.530.040-3 dwelling units should have the same three categories as Table
29 38.530.040.0 5-47 38.530.040-1 "General Residential"
38.540.080.B. Delete 2nd sentence to remove option to create maintenance district for private
30 2 5-58 common spaces.
Revise minimum wetland buffer from ten feet to 25 feet to match earlier City
31 38.610.080.13 6-35 Commission approval with wetland regulation updates.
Revise F.4. Approval of calculations of cash-in-lieu of parkland amounts for
development of property_w#e+-and strike all of 4a,4b, and 4c. Change in
38.700.010.F. administrative project review procedures for state law makes removal of the
32 4 7-7 conditional phrases necessary.
33 38.700.160 7-11 See attachment at the end for revisions
14.Water rights.
a. Describe how the proposed subdivision intends to satisfy 38.410.110.
b. Provide documentation of all water rights appurtenant to the proposed
subdivision; e.g., previous payment-in-lieu of water rights, groundwater certificates,
statements of claim, provisional permits, decreed rights, shares or water use
contracts in canal, ditch company, or water users association etc.
c. Indicate whether any of the element listed in Section 38.410.110.13 are applicable.
d. Describe any water efficiency and conservation offsets that will be implemented.
38.710.030.A. e. Identify the lots for which a payment of cash in lieu of water rights will occur and
34 14 7-17 the lots for which a deferral will be sought.
c. Identify noxious weeds.
d. Map the location of all mature trees with a diameter at breast height greater than
6 inches, including species and size in the key.
38.710.030.A. Move the requirement for identification of active faults to A.2.9 "Identify areas of
35 2&12 7-15 active faults. "
38.710.050.A. (b) Intersections of local streets with arterial and collector streets within the study
36 11 7-26 area defined in this paragraph 38.710.050.A.11.g.2-.a.
19. Submittal Requirements for Water Rights
a. Describe how the proposed subdivision intends to satisfy 38.410.110. PFevide
-b. Provide documentation of all water rights appurtenant to or in use upon
associated with the property with the proposed subdivision. Documentation must
include:
(1). A description of the research methods used to identify the water rights
appurtenant to or in use upon associated with the property.The applicant must
provide a written certification if the property does not contain no water rights are
38.710.050.A. appurtenant to or associated with the property.
37 19 7-31 (2) Current Official water rights abstracts and share or stock certificates.
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(3)All adopted Master's Reports or closing orders issued by the Montana Water
Court.
(4)Title information establishing water right ownership. For water rights in divided
split ownership describe the percent ownership interest attributable to the property.
(5) Maps showing the water rights points of diversion and the means of conveyance
for the delivery of water to the subject property.
(6) Evidence clearly establishing and quantifying all beneficial use of water
appurtenant to or associated with the property the water rights within the prior 5
year period.
(7)Any additional information that is reasonably a and necessary and is requested
by for the City to determine if the water rights are useful for City purposes pursuant
to Section 38.410.110.D.1.
c. DNRC approval for any proposed appropriation or proposed use of water subject
to MCA 85-2-306 or MCA 85-2-402 for which DNRC approval is required prior to
beneficial use.
d. Indicate whether any of the items in Section 38.410.110.13 are applicable.
e. Describe any water efficiency and conservation offsets that will be implemented.
f. Identify the lots for which a payment of cash in lieu of water rights will occur and
the lots for which a deferral will be sought.
b. Critical areas.
Identify on a plat overlay of the proposed subdivision any known critical habitat as
defined by the US Fish and Wildlife Service,
38.710.050.A. bog game winteF Fange,wateFfe-vVI nesting areas, habitat for FaFe threatened or
38 6.b 7-23 endangered species,,or wetlands.
f. A statement signed by the owner of the proposed development of their
38.710.070.B. commitment to comply with the requirements of this Code and any conditions
39 1.f 7-35 considered necessary by the review authority;
19.The information related to water adequacy required by 38.710.050.A.19, unless
the information was previously provided through a subdivision review process and
the proposed development does not generate more demand than addressed during
the subdivision review.
38.710.070.C. a.At the discretion of the Director of Utilities, updated information will be required
40 19 7-40 if previous approvals or determination of no impact are more than five (5)years old.
38.710.070.C. 9.The information related to transportation capacity required by 38.710.050.A.11
41 9 7-38 se #e.R, subject to the following exceptions:
16.The information related to water adequacy required by 38.710.030.A.14, unless
the information was previously provided through a subdivision review process and
the proposed development does not generate more demand than addressed during
the subdivision
review.
38.710.190.A. a.At the discretion of the Director of Utilities, updated information will be required
42 16 7-54 if previous approvals or determination of no impact are more than five (5)years old.
a. Purpose. Conceptual review is an opportunity for an applicant to review the
d+seuss-requirements, standards,,and procedures that apply to their development
proposal. Major problems can be identified and solved during conceptual review
before a formal application is made. Cenceptua' Feview ^';,.. bens aFe Feviewed by
38.740.080.A. applicant felle ing the Fevi The primary focus of conceptual review is to identify
43 1 7-68 site specific challenges and/or constraints critical path elements which will affect
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review process or submittal requirements.
d. Staff review and recommendation. Upon receipt of a concept plan, and after
review of such plan by the DRC and , subsequeRt eting with the , ^I;^,^+,the
city must furnish the applicant with written comments regarding such plan, including
appropriate recommendations to inform and assist the applicant prior to preparing
the components of the formal development application.The city may invite other
public or quasi-public agencies which may be impacted by the development to
comment.These agencies may include gas and electric utilities, state agencies, ditch
companies, railroads, cable television service providers, and other similar agencies.
b. Whether all impacts resulting from the proposed development have previously
been analyzed and made available for public review during adoption, amendment, or
update of the land use plan, zoning regulation, or zoning map. P9F the PUFPAI;^ ^f
38.740.080.C. this requiremeRt, ' °
44 4.b 7-69 sad
8. Any additional data, analysis, comment, or consideration described in subsection
C.7 must be limited to the lack of substantial compliance with the zoning regulations
or map and any new or significantly increased impacts potentially resulting from the
proposed development,to the extent the impact was not previously identified or
considered in the adoption, or amendment, or update of the land use plan, or zoning
38.740.080.C. regulations, or zoning map. POF the P Of thisrequirement, 20% Ar.,have
46 38.740.090 7-70 38.740.090- Plan review eF*ter+a decision and record
A. When a plan is fully compliant with all applicable standards the review authority
may approve the final plan.The owner must submit a statement of commitment
, -&�to construct according to the final plan. Such statement must acknowledge
that construction not in compliance with the approved final plan may result in delays
47 38.740.110.A 7-75 of routing for final occupancy review or costs to correct noncompliance.
1. No later than six months after the date of the review authority approval of the
plan, the applicant must submit to the community development department a final
the date 9f*hP- aPPF9Val ef the plan,the applieant must submit te the
e9mmunity d,,.,.,I'...,ti,ent d r-,.+.vent a final . lap.The number of copies of the final
plan to be submitted is established by the director of community development.The
final plan must contain the materials required in 38.710.070, 38.710.080, and
38.710.010, and whatever revisions to the preliminary 4te plan or master site plan
are required to comply with any conditions of approval. Prior to the passage of six
38.740.110.B. months, the applicant may seek an extension of not more than an additional six
48 1 7-75 months from the director of community development.
2. In addition to the materials required in subsection B.1 above,the applicant must
submit a certification of completion and compliance stating that they understand
any conditions of approval and the submitted final plans have complied with any
conditions of approval or corrections to comply with code provisions.The owner
must submit a statement of commitment intent to construct according to the final
plan. Such statement must acknowledge that construction not in compliance with
38.740.110.B. the approved final plan may result in delays of routing for final occupancy review or
49 2 7-76 costs to correct noncompliance.
38.740.110.G 3. A preliminary site plan application may be received where it is unclear whether
50 .3 7-76 the buildings or units can be constructed under building permits issued within e+�e
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two_years of final s+te plan approval. In this case, the review authority may request
proof of a construction financing commitment prior to accepting the application.
Applications, where it is clear that the buildings or units cannot be constructed
under building permits issued within ene two years of final plan approval will be
deemed unacceptable for review. Such applications must proceed pursuant to a
master site plan with first phase site plan process.
2. A determination that an application is;,iFR complete does not restrict the city
38.750.070.B. from requesting additional information during the plan review process, nor does it
51 2 7-81 ensure approval.
2. Upon receipt of a written request the city will pause the review.At the city's sole
38.750.070.D discretion, additional notice per 38.750.080 may be provided to the public to advise
52 .2 7-81 of the pause or to advise of the restart of the review process.
A. After accepting a complete suffirsient application proposing subdivision of a site
53 38.750.080.A 7-82 the review authority must make an initial determination:
2. Whether all impacts resulting from the proposed development have previously
been analyzed and made available for public review during adoption, amendment, or
update of the land use plan, zoning regulation, or zoning map. P9F the PWFP^c^ of
38.750.080.A. thiS FeqWiFemeRt, ' °
54 2 �,�e�ea-
B. If the review authority determines that the application is in substantial compliance
and impacts have previously been addressed,then public notice must be issued per
38.730 and opportunity to comment on the initial determination provided. €ewe
puFpese E)f t h i s-req u i remee,29 e-prev eesly identified and rue.nsid erect
55 38.750.080.E 7-82 impacts ; n;f; fA
Last sentence, "The written decision may be appealsed as provided for in
56 38.750.080.0 7-84 38.760.030."
C. Changes to conditions or design after approval.
1. Changes to conditions after approval may be requested and reviewed as allowed
by 38.100.070.
2. After issuance of the required findings of fact and completion of a preconstruction
meeting with the engineering division a subdivider may begin on-site earthwork, site
clearance, and installation of infrastructure.
a.Any excavation and site disturbance must be in conformance with an approved
Stormwater Pollution Prevention Plan as described in 40.04.350.
3. Any changes to an approved preliminary plat that increases the number of lots or
redesigns or rearranges six or more lots is subject to process requirements of 76-25-
57 38.750.090.0 7-84 40815 .
38.750.120.A.
58 5 7-88 Remove unclosed parentheses and quotation marks.
(b)The certificate of survey must show the boundaries of the area that is being
removed
from one tract of record and joined with another tract of record.The certificate of
survey may, but is not required to, establish the exterior boundaries of the resulting
tracts of record. Unsurveyed portions of the parcels must be labeled, "NOT A PART
OF THIS CERTIFICATE OF SURVEY" or"NOT INCLUDED IN THIS CERTIFICATE OF
{c+SURVEY". However, the certificate of survey must show portions of the existing
38.750.140.B. unchanged boundaries sufficient to clearly identify both the location and the extent
59 3.a(4)(b) 7-90 of the boundary relocation;
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B. No lot, even though it may consist of one or more adjacent lots in common
ownership at the time of passage of the ordinance from which this chapter is
derived, may be reduced in size so that lot width or size of setbacks eF let area per
hA, qpheld or any other requirement of this chapter is not maintained except as
provided for in this chapter.This section views lots as merged for the purposes of
planning and zoning regulation of bulk, size, or similar dimensional standards only,
and does not aggregate individual parcels of land as tracts of record.This section
60 38.790.030.13 7-135 does not apply when a portion of a lot is acquired for a public purpose.
Substantial Compliance. Substantial compliance has the meaning assigned in 76-25-
61 38.800.200 8-29 103.
Setback line.That line that is the required minimum distance from the street right-
of-way or public access easement line or any other lot line that establishes the area
within which structures must be placed, as specified in this chapter. For watercourse
setbacks,the setback line is measured from the high water mark„west edge of the
62 38.800.200 8-30 watercourse.
63 All Search and replace text for term "growth policy" and replace with "land use plan".
Correct inconsistency between zoning map and future land use map. Change from R-
D to B-2M and REMU on the property between 7th and the Fairgrounds and Oak
Street and Tamarack.
Northern section to change from R5
to B-2M (orange), Southern portion to
change from R5 to REMU (purple).
Future Land Use Map designation is
Community Commercial Mixed Use
Existing R5 is not an implementing
district for Community Commercial
Mixed Use
64 Map
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Sec. 38.700.160. - Violation; penalty; assisting or abetting; additional
remedies.
The effective enforcement of adopted standards is necessary to accomplish their intended purpose.The city has a
variety of options for the enforcement of this chapter.The community development director must select the option
which in their opinion is most suitable to the circumstance and violation. More than one enforcement option may be
used to attain compliance with the standards of this chapter when deemed appropriate.
A. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided in
24.02.040, in addition to other remedies of this section except that for violations of this chapter the following
minimum civil penalties apply.the ,,rt Fnayimpose the f.,llGWiRg FROROFRUFR GiVil n alties
1. Each day spa violation continues is^sidered a separate offense and punishable as such.The
minimum civil penalty for violation of this chapter by the same person for the same violation within a 12-
month period is:
a. First citation: $100.00.
b. Second citation:$150.00.
c. Third and subsequent citations: $200.00.
d. The determining factor with respect to the minimum civil penalty is the receipt of service of the citation
and not the judgment.
esect►on u
Violation o the provisions of this chapter or failure to comply with any of its requirements including violations
of conditions of approval imposed by the review authority is a misdemeanor.Any person who violates this
chapter or fails to comply with any of its requirements may upon conviction theFee be fined or imprisoned-or-
in accordance with Dither as cot forth in state law regarding subdivision and zoning,or On aGGerdanGe with
1.01.210, and in addition mist may be ordered to pay all costs and expenses involved in the case exGept as
statod in s bseGtien D below.
2. Each day spa violation continues is a separate offense and punishable as such.
3. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of
any provision of these regulations or the Montana Land Use Planning Act is a separate and distinct offense.
G-The code compliance officer is authorized to issue a municipal infraction or a notice to appear under the
provisions of MCA 46-6-310 to any violator of this chapter.
G B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor,
agent or other person who commits, participates in, assists or maintains such violation may each be found guilty
of a separate offense and suffer the penalties herein provided.
C. If transfers not in accordance with these regulations or the Montana Land Use Planning Act are made,
the city attorney may commence an action to enjoin further sales or transfers and compel compliance with
all provisions of these regulations.
D. When a violation has not been corrected by the property owner after written notice from the city, the
enforcement officer may seek approval from the community development director for filing at the county clerk
and recorder's office a notice of violation or noncompliance.Such notice serves to advise potential purchasers
of existing violations of this chapter or of on-going enforcement actions regarding a property.Such notice will
clearly state that the parcel or development on the parcel is in violation of this chapter and that correction of the
violation must be made prior to the city approving additional development or redevelopment of the site.The
notice must also describe the nature of the violation and applicable citations to the relevant sections of
this chapter.
1. When such a notice is to be filed the enforcement officer may either:
a. Through the office of the city attorney bring an action for civil and/or injunctive relief that requests a
court order to record a notice of violation or noncompliance; or
b. Request from the Community Development Director a written decision finding is the violation valid and
in need of correction, and authorizing the recording of the notice of violation or noncompliance.
Notice of a decision to record a notice of violation must be provided to the landowner of record at the
Gallatin County Clerk and Recorders office by first class mail.
2. When a violation has been corrected for which a notice of violation or noncompliance was filed,the city
must record a release of noncompliance indicating that the prior violation has been corrected.The
property owner is responsible for notifying the community development department in writing of the
correction of the violation or noncompliance. Upon receipt of such notification by the property owner,the
enforcement officer may conduct an inspection to verify correction prior to the recording of the release.
E.The city may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter.
G. F. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
G. Upon resolution of an identified instance of noncompliance with the standards of this chapter the city
may record a document with the Gallatin County Clerk and Recorder to give notice of the resolution
of the noncompliance.