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Home My WebLink About004 26307 2026 UDC Housekeeping - B3 Parking Post Oct 1, 2026 - DRAFT ORDINANCE _______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 38.530.040 NUMBER OF VEHICLE PARKING SPACES REQUIRED, APPLICATION 26307. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Title 76, Chapter 25, Montana Code Annotated, the Montana Land Use Planning Act; and WHEREAS, necessary adjustments to the text adopted under Ordinance 2025-12 to clarify the application of standards relating to parking in the B-3 zoning district were identified; WHEREAS, after proper notice, the Community Development Board in their capacity as Planning Commission required by 76-25-104 MCA held a public hearing on ___________, 2026, to receive and review all written and oral testimony on the proposed amendments to Chapter 38, BMC; and WHEREAS, after considering all matters the Community Development Board recommended to the Bozeman City Commission that this Ordinance be approved; and WHEREAS, after proper notice, the City Commission held a public hearing on ______________, 2026, to receive and review all written and oral testimony on the proposed land use regulations; and WHEREAS, the City Commission at its public hearing on __________ ,2026, considered all relevant materials submitted by the public, the recommendation of the Community Development Board, and the proposed Ordinance; and WHEREAS, the City Commission has reviewed and considered the applicable criteria for adoption of land use regulations established in Montana Code Annotated §§76-25, the Montana Land Use Planning Act and found that this Ordinance is in compliance with the criteria; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2025, by Resolution 2025-71 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2025, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-25-304, MCA; 3. Zoning must be in accordance with an adopted land use plan; 4. The required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision and the notice advised of the regulatory nature of the amendments; 5. The Bozeman Planning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 6. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 7. The City Commission considered the application materials, staff analysis and report, Planning Commission recommendation, all submitted public comment, and all other relevant information. 8. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the proposed amendments have been satisfied. Section 2 That paragraph 38.530.040.C.5, Minimum required motor vehicle parking – Effective October 1, 2026, be amended as follows: 5. B-3 district. 1. Minimum and maximum requirements. a. In the B-3 district, the minimum number of required spaces shown in Table 38.430.040-3 or Table 38.530.040-4 can be provided as an alternative to the number of spaces required in Table 38.530.040-1 or 38.530.040-2. b. Parking spaces provided beyond the maximum shown in Table 38.430.040-3 Table 38.530.040-4 must be provided in a parking structure. c. The first 3,000 gross square feet of non-residential floor area within a building is not included in the calculation of minimum required parking. This floor area is included in the calculation of maximum parking. Table 38.530.040-3 Use Minimum Parking Spaces Required General Residential Dwelling less than 1,200 sq. ft. None Dwelling 1,200 sq. ft. or greater 1 per dwelling Deed restricted affordable housing – any size dwelling None Group Residential Community residential 0.75 per person of approved capacity Assisted living facilities None Group living/cooperative household/fraternity and sorority First 25 residents: 1 per resident; Each resident beyond 25: 0.9 per resident Fraternity and sorority: Five guest spaces Lodginghouse 0.75 per person of approved capacity Transitional and emergency housing 0.25 per person of approved capacity. Additional services and facilities to serve non-residents must provide parking in accordance with Table 38.530.040-4. Table 38.530.040-4 Use Minimum Parking Spaces Required Maximum Vehicle Surface Parking Spaces All lodging uses 0.6 per room (including accessory uses up to 20% of the building area) 1.2 per room (including accessory uses up to 20% of the building area) All other uses 1 per 1,000 square feet of gross floor area 2 per 1,000 square feet of gross floor area Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney