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HomeMy WebLinkAboutArticle 3_38.340.040 Incentives ARTICLE 3-LAND USE 8. A site plan application that proposes to use Type A, B, or C incentives must contain the following: a. A copy of the mailed notice of the community meeting; b. A detailed summary of all comments and suggestions made at or after the meeting; c. A copy of all written comments received at or after the community meeting; d. A copy of any materials distributed at the community meeting; and e. Whether and if so how the developer has addressed comments made by the community. If the developer has not incorporated community comments into the site plan application, the developer must explain why community comments were not addressed in the application. 9. A site plan application is not complete unless the application includes the required documentation of the community meeting. Sec. 38.340.040. - Incentives. A. General 1. The number of affordable dwellings must meet or exceed the minimum standards set forth in 38.340.020 needed to qualify for the applicable incentive. Any incentive not requested in the affordable housing plan in 38.340.030 is waived. 2. Incentives may be applied to dwellings: a. In a residential-only development, or b. In a mixed-use development. If the mixed-use development contains a mix of residential and nonresidential primary uses, the incentives in this section are only available if 50 % or more of the gross floor area of the development contains residential uses. B. Type A Incentives (Table 38.340.020-1). The applicant may apply the incentives in this subsection as follows: 1. For single-household detached dwellings, a minimum lot size of 3,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 2,500 square feet is allowed. 2. For single-household attached dwellings (townhouse or rowhouse): a. A minimum lot size of 2,200 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,800 square feet is allowable. b. No minimum lot width, maximum lot coverage, or maximum floor area ratio requirement if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met. c. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less of livable square footage is exempt from a minimum on-site parking requirement but PUBLIC HEARING DRAFT I NOVEMBER 24,2025 UNIFIED DEVELOPMENT CODE I BOZEMAN,MONTANA 3-57 ARTICLE 3-LAND USE may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer attached homes that includes only dwellings of 1,200 livable square feet or less in size is exempt from the following: (1) Minimum lot size; (2) Lot coverage,- (3) Floor area ratio; (4) Lot area per dwelling unit density standard; (5) Lot width; and (6) Minimum parking requirement. e. For affordable housing developments in R-B, nine additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. f. For affordable housing developments in R-C, five additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. 3. For multi-household dwellings and mixed-use buildings: a. In all zoning districts: (1) The residential off-site parking standards of 38.530.070.A may be expanded up to 1,000 linear feet from the commonly used entrance to the residential building. Notwithstanding the above, all required ADA spaces must be located on the same site as the dwellings. (2) Up to 80% of the residential open space requirements of 38.510.060 may be met by providing private balconies provided every affordable dwelling is provided a balcony and access to a ground floor common open space is provided for all residents. b. For affordable housing developments in the R-B, R-C, R-D, NEHMU, and B-1 districts, one additional story of height (maximum 15 feet per story) is allowed. c. For affordable housing developments in the R-B district, the incentive of one additional story of height (maximum 15 feet per story) is only allowed if the proposed buildings have four or fewer total dwellings. d. For all zoning districts, if a multihousehold or mixed use development is adjacent to a lower intensity residential district, the transition height setback provisions of 38.260.060.8 apply. e. For affordable housing developments in the REMU, B-2, B-2M, B-3, and M-1 districts, two additional stories of height (maximum 15 feet per story), provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. 3-58 UNIFIED DEVELOPMENT CODE i BOZEMAN,MONTANA PUBLIC HEARING DRAFT i NOVEMBER 24,2025 ARTICLE 3-LAND USE f. Minimum motor vehicle parking requirement of one space per dwelling for all districts other than B-3; however, the bicycle parking standards and requirements of 38.530.050 remain applicable. g. Minimum motor vehicle parking requirement of 0.75 space per dwelling for B-3 district; however, the bicycle parking standards and requirements of 38.530.050 remain applicable. h. For affordable housing developments in R-B, R-C, and R-D, the minimum area per dwelling standards in Table 38.260.030.A do not apply. i. For the M-1 zoning district: (1) An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38.310.040.0 does not apply. (2) In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather than per individual buildings. j. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling_ units per building, see 38.210.40. C. Type B Incentives (Table 38.340.020-2). If the applicant proposes to construct affordable dwellings that meet the standards in Table 38.340.020-2 in the same development as market-rate dwellings, the applicant may apply all of the following incentives to all buildings in the development in which 50 % or more of the livable floor area contains residential uses: 1. For single-household detached dwellings: a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,600 square feet is allowed. b. Off-street parking requirement of one space per dwelling. 2. For single-household attached dwellings (townhouses and rowhouses): a. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,400 square feet is allowed. b. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access, and utilities can be met. c. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse development that includes only dwellings of 1,200 livable square feet or less of livable square footage is exempt from a minimum on-site parking requirement, but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. PUBLIC HEARING DRAFT I NOVEMBER 24,2025 UNIFIED DEVELOPMENT CODE I BOZEMAN, MONTANA 3-59 ARTICLE 3-LAND USE d. For affordable housing developments in R-B, nine additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. e. For affordable housing developments in R-C, five additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. 3. For multi-household dwellings and mixed-use buildings: a. When incentives are requested, the building height of any building in the development is limited to that permitted in the zoning district or four stories, whichever is less and the maximum number of dwellings in a single building is limited to that permitted in the zoning district or 36 dwellings, whichever is less. b. ADA parking spaces must be provided in accordance with applicable building codes. Notwithstanding the provisions of 38.530.070, all required ADA spaces must be located on the same site as the dwellings. c. In addition to the ADA parking required, a minimum of .25 vehicle parking spaces per dwelling are required. One short-term parking space located at the main building entrance must be provided and identified as a loading zone. d. Bicycle parking standards and requirements of 38.530.050 apply. The number of secure bicycle racks provided must exceed or be equal to 50 % of the number of dwellings within the development. e. For the M-1 zoning district: (1) An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38.310.040.0 does not apply. (2) In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather than per individual buildings. f. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling units per building, see 38.210.40. D. Type C Incentives (Table 38.340.020-2). If the applicant proposes to construct affordable dwellings that meet the standards in Table 38.340.020-2 in the same development as market-rate dwellings, the applicant may apply the following incentives to all buildings in the development in which 50 % or more of the livable floor area contains residential uses: 1. For single-household detached dwellings: a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,600 square feet is allowed. b. Off-street parking requirement of one space per dwelling. 3-60 UNIFIED DEVELOPMENT CODE I BOZEMAN,MONTANA PUBLIC HEARING DRAFT I NOVEMBER 24,2025 ARTICLE 3-LAND USE 2. For single-household attached dwellings (townhouses and rowhouses): a. A development that proposes a single grouping of two townhouses or rowhouses is a principal use in the R-A zoning district. b. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,400 square feet is allowed. c. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access, and utilities can be met. d. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less of livable square footage is exempt from minimum on-site parking requirements, but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. 3. For multi-household dwellings other than those in paragraph 2 above and mixed- use buildings: a. One additional story of height (maximum 15 feet per story) beyond that allowed in the R-B and R-C zoning districts. For affordable housing developments in the R-3 district, the incentive of one additional story of height (maximum 15 feet per story) is only allowed if the proposed buildings have four or fewer total dwellings. b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-D, REMU, B-1, B-2, B-2M, B-3, and M-1 zoning districts, provided that where any building in the development which utilizes building height incentives is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.260.060.8 apply. c. ADA parking spaces must be provided in accordance with applicable building codes. Notwithstanding the provisions of 38.530.070, all required ADA spaces must be located on the same site as the dwellings. d. In addition to ADA parking spaces, a minimum vehicle parking requirement of 0.75 space per dwelling is required. One short-term parking space located at the building entrance must be provided and identified as a loading zone. e. Bicycle parking standards and requirements of 38.530.050 apply. The number of bicycle racks provided must exceed or be equal to 50 % of the number of dwellings within the development. f. For the M-1 zoning district: (1) An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38.310.040.0 does not apply. (2) In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather than per individual buildings. g. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling units per building, see 38.210.40. PUBLIC HEARING DRAFT I NOVEMBER 24,2025 UNIFIED DEVELOPMENT CODE I BOZEMAN,MONTANA 3-61