HomeMy WebLinkAboutZ-12068, Mahar Good Medicine Way Zone Map Amendment_Part2Page 11 of 11
Zoning Commission Minutes – May 15, 2012
Edward Sypinski, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
388
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 1 of 10
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Sec. 38.08.010. - Intent and purpose.
Sec. 38.08.020. - Authorized uses.
Sec. 38.08.030. - Lot coverage and floor area.
Sec. 38.08.040. - Lot area and width.
Sec. 38.08.050. - Yards.
Sec. 38.08.060. - Building height.
Sec. 38.08.070. - Residential garages.
Sec. 38.08.080. - Additional RMH district performance standards.
Sec. 38.08.090. - Minimum density.
Sec. 38.08.010. - Intent and purpose.
A. The intent and purpose of the residential zoning districts is to establish areas within the city that
are primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this chapter are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to section 38.01.050. Residential density is correlated with many community
goals and objectives that are contained in the city's adopted growth policy, as well as many standards
and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential
districts which will advance these goals, objectives, and purposes.
1. The intent and purpose of the R-S residential suburban district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of article 20 of this chapter,
pertaining to planned unit development, and shall be developed in compliance with the adopted
city growth policy.
2. The intent of the R-1 residential single-household low density district is to provide for
primarily single-household residential development and related uses within the city at urban
densities, and to provide for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area.
3. The intent of the R-2 residential two-household medium density district is to provide for one-
and two-household residential development at urban densities within the city in areas that present
few or no development constraints, and for community facilities to serve such development while
respecting the residential quality and nature of the area.
4. The intent of the R-3 residential medium density district is to provide for the development of
one- to five-household residential structures near service facilities within the city. It should provide
for a variety of housing types to serve the varied needs of households of different size, age and
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PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 2 of 10
character, while reducing the adverse effect of nonresidential uses.
5. The intent of the R-4 residential high density district is to provide for high-density residential
development through a variety of housing types within the city with associated service functions.
This will provide for a variety of compatible housing types to serve the varying needs of the
community's residents. Although some office use is permitted, it shall remain as a secondary use
to residential development. Secondary status shall be as measured by percentage of total building
area.
6. The intent of the R-O residential-office district is to provide for and encourage the
development of multihousehold and apartment development and compatible professional offices
and businesses that would blend well with adjacent land uses. The primary use of a lot, as
measured by building area, permitted in the R-O district is determined by the underlying growth
policy land use designation. Where the district lies over a residential growth policy designation the
primary use shall be non-office uses; where the district lies over a nonresidential designation the
primary use shall be office and other nonresidential uses. Primary use shall be measured by
percentage of building floor area.
7. The intent of the RMH residential manufactured home community district is to provide for
manufactured home community development and directly related complementary uses within the
city at a density and character compatible with adjacent development. The district is intended to
be residential in character and consistent with the standards for other forms of residential
development permitted by this chapter.
(Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, §
2(18.16.010), 7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh.
E(18.16.010), 12-28-2009)
Sec. 38.08.020. - Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection B of this
section. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory
uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
Table 38.08.020
Table of
Residential
Uses
Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5 acres or more2 P — — — — — —
Agricultural uses on less than 2.5 acres2 C — — — — — —
Apartments/apartment building, as
defined in article 42 of this chapter
— — — — P P —
Assisted living/elderly care facilities — — — C C P —
Bed and breakfast C C C C P P —
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PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 3 of 10
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential facilities (with
more than four residents)
C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C — — — — — C
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and structures typically
accessory to authorized uses
A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational
facilities
A A A A A A A
Private stormwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent
foundations1
P P P P P P P
Manufactured home communities — — — — — — P
Medical offices, clinics, and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this
chapter
A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards
incidental to construction work
A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) — — — P6 P P —
Townhouses (more than five attached
units)
— — — — P P —
Tool sheds for storage of domestic
supplies
A A A A A A A
Uses approved as part of a PUD per C C C C C C C
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Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 4 of 10
article 20 of this chapter
Veterinary uses C — — — — — —
Notes:
1Manufactured homes are subject to the standards of section 38.22.130.
2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with
their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two
goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys,
etc.). For larger parcels the planning director may determine that a larger number of livestock is
consistent with the requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of chapter 10, article 8, Affordable Housing. May only be utilized in developments subject
to chapter 10, article 8.
8Not permitted on reduced size lots for work force housing as described in chapter 10, article 8.
9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only
in subdivisions receiving preliminary plat approval after January 1, 1997.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, §
2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh.
E(18.16.020), 12-28-2009)
Sec. 38.08.030. - Lot coverage and floor area.
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review procedures set
forth in article 20 of this chapter, in compliance with the adopted city growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be
covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed uses
in the R-O district.
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Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 5 of 10
5. In all residential zoning districts for those lots used to satisfy the requirements of chapter 10,
article 8, not more than 60 percent of the lot area shall be covered by principal and accessory
buildings. When a larger lot has a portion of its total dwellings subject to the requirements of
chapter 10, article 8, either directly or inherited from a previous subdivision, the portion used for
those dwellings may have up to 60 percent of the lot area covered by principal and accessory
buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
city's adopted International Building Code.
C. The total floor area of the dwelling built on a lot which was subject to the provisions of Ordinance
1604 (Exhibit A) (Code 1982, § 18.42.180), (excluding area used for a garage) shall not exceed a floor
area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not
exceed 1,515, or a ratio of one square foot of floor area for each 3.3 square feet of lot area.
(Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No. 1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709, §
2(18.16.030), 7-16-2007; Ord. No. 1761, exh. A (18.16.030), 7-6-2009; Ord. No. 1769, exh.
E(18.16.030), 12-28-2009)
Sec. 38.08.040. - Lot area and width.
A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumulative.
These minimums assume a lack of development constraints. Each lot must have a usable lot area of at
least 50 percent of the total minimum lot area: _____
Table 38.08.040-1
Lot Area Table
Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See
subsect
ion C of
this
section
5,000
1
5,000
1
5,000
1
5,000
1
5,000
1
5,000
1
Single-household dwelling (only for
dwellings to satisfy minimum
requirements of chapter 10, article 8)7
2,7008 2,700
8
2,700
8
2,700
8
2,700
8
2,700
8
2,700
8
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for
dwellings to satisfy minimum
requirements of chapter 10, article 8)7
- - 2,500 2,500 2,500 2,500 -
Lot area per dwelling in three- or
four-household dwelling configurations
- - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or
four-household dwelling configurations
(only for dwellings to satisfy minimum
requirements of chapter 10, article 8)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,000 3,000 3,000 3,000 -
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Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 6 of 10
6 2 2 2
Townhouses (only for dwellings to
satisfy minimum requirements of
chapter 10, article 8)7
2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the
first
- - - - 1,200 1,200 -
Apartments - each dwelling after the
first (only for dwellings to satisfy
minimum requirements of chapter 10,
article 8)7
- - - - 900 900 -
Additional area required for an
accessory dwelling unit3
1,0004 1,000 1,000
5
1,000
5
1,000
5
1,000
5
-
All other uses 5,0001 5,000
1
5,000
1
5,000
1
5,000
1
5,000
1
5,000
1
Notes:
1In order to comply with the standards contained in this chapter, lot area in excess of the required
minimum may be needed; for example for corner lots, parking, landscaping or large residential
structures, and may be necessary for property adjacent to watercourses, ridgelines, or other
environmental features in order to provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be
3,000 square feet.
3As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.22.030.
6Per townhouse lot.
7May only be utilized in developments subject to chapter 10, article 8.
8A larger lot size may be required to comply with the requirements of section 10.08.060, Table
10.08.060, Mix and Price of Dwelling Units
B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a
lack of development constraints.
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ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
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Page 7 of 10
Table 38.08.040-2
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See
subse
ction
C of
this
sectio
n
50 50 50 50 50 50
Single-household dwelling (only for
dwellings to satisfy requirements of
chapter 10, article 8)
See
subse
ction
C of
this
sectio
n
30 30 30 30 30 30
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
Dwellings in three- or four-household
dwelling configurations
- - - 60 60 60 -
Townhouses 30 30 30 Width
of
interio
r units
Width
of
interio
r units
Width
of
interio
r units
-
All other uses See
subse
ction
C of
this
sectio
n
50 50 50 50 50 50
Notes:
1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.22.030.
C. Lot area and width for R-S residential suburban lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in article 20 of this chapter and in compliance with the adopted
city growth policy. Unless otherwise approved through the planned unit development process, the
average lot size shall be one acre.
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ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
Page 8 of 10
2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be
considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to
article 35 of this chapter. Existing lots in the R-S district utilizing a community water and/or sewer
system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet in
width and subject to article 32 of this chapter.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of
a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in
section 38.20.090.E.2.b(6).
(Ord. No. 1645, § 18.16.040, 8-15-2005; Ord. No. 1693, § 4(18.16.040), 2-20-2007; Ord. No. 1709, §
2(18.16.040), 7-16-2007; Ord. No. 1761, exh. A (18.16.040), 7-6-2009; Ord. No. 1769, exh.
E(18.16.040), 12-28-2009)
Sec. 38.08.050. - Yards.
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the city growth policy, 25 feet
b. Adjacent to collector streets as designated in the city growth policy, 20 feet
c. Adjacent to local streets, 15 feet
2. Rear yard: 20 feet
a. Adjacent to arterial streets as designated in the city growth policy, 25 feet
3. Side yard: five feet; or zero feet for interior walls of townhouses.
4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a
property line, unless explicitly authorized otherwise under this chapter.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of the ordinance from which this
section is derived:
a. Front yard - 35 feet
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the PUD
review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet
from any residence or public road and not less than 50 feet from any property line.
C. When a lot has one or more principal buildings which are oriented to place the functional rear of a
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ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Bozeman, Montana, Code of Ordinances
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building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be
provided.
D. All yards are subject to the provisions of sections 38.16.060, 38.21.060, 38.23.100, 38.24.100 and
38.26.100
(Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No. 1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709, §
2(18.16.050), 7-16-2007; Ord. No. 1761, exh. A (18.16.050), 7-6-2009; Ord. No. 1769, exh.
E(18.16.050), 12-28-2009)
Sec. 38.08.060. - Building height.
Maximum building height for each residential district shall be as follows:
Table 38.08.060
Residential Building Height Table
Roof Pitch
in Feet
Maximum Building Height in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
(Ord. No. 1645, § 18.16.060, 8-15-2005; Ord. No. 1693, § 4(18.16.060), 2-20-2007; Ord. No. 1709, §
2(18.16.060), 7-16-2007; Ord. No. 1761, exh. A (18.16.060), 7-6-2009; Ord. No. 1769, exh.
E(18.16.060), 12-28-2009)
_____
Sec. 38.08.070. - Residential garages.
A. Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
1. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade
of the dwelling containing the main entry; and/or
3. The area of the garage vehicle door comprises 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall
include all wall areas parallel to the garage door.
B. Alternative means of addressing the intent of this section will be considered. Detached garages
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are encouraged when they are compatible with the existing neighborhood development pattern.
Vehicular garage access on nonprincipal facades and/or alleys is also encouraged.
(Ord. No. 1645, § 18.16.070, 8-15-2005; Ord. No. 1693, § 4(18.16.070), 2-20-2007; Ord. No. 1709, §
2(18.16.070), 7-16-2007; Ord. No. 1761, exh. A (18.16.070), 7-6-2009; Ord. No. 1769, exh.
E(18.16.070), 12-28-2009)
Sec. 38.08.080. - Additional RMH district performance standards.
A. Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of articles 22, Standards for Specific Uses, and r23, Development Standards of this
chapter, including, but not limited to, fences, parking, signs, landscaping and home occupations. In
addition, manufactured home communities will be subject to the following general requirements:
1. Minimum area for manufactured home community district.
a. The minimum total RMH district area shall be no less than ten acres unless the
applicant can show that the minimum area requirements should be waived because the
waiver would be in the public interest and that one or both of the following conditions exist:
(1) Unusual physical features of the property itself or of the surrounding area such that
development under the standard provisions of this chapter would not be appropriate in
order to conserve a physical or terrain feature of importance to the neighborhood or
community; or
(2) The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the amenities of the
area.
b. Waiver of the ten-acre minimum may only be granted by the city commission.
(Ord. No. 1645, § 18.16.080, 8-15-2005; Ord. No. 1693, § 4(18.16.080), 2-20-2007; Ord. No. 1709, §
2(18.16.080), 7-16-2007; Ord. No. 1761, exh. A (18.16.080), 7-6-2009; Ord. No. 1769, exh.
E(18.16.080), 12-28-2009)
Sec. 38.08.090. - Minimum density.
A. New residential development shall provide a minimum net density. A minimum is required to
support efficiency in use of land and provision of municipal services, and to advance the purposes and
goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes
over an entire development.
1. Minimum densities are:
a. R-S — None
b. R-1, R-2, R-3, RMH — five dwellings per net acre
c. R-4 — eight dwellings per net acre
d. R-O — six dwellings per net acre when residences are the primary use of the land.
(Ord. No. 1769, exh. E(18.16.090), 12-28-2009)
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Zoning Correlation with Land Use Categories Appendix C: Land Use Inventory, Future Needs and Background
existing schools within the District as a whole. A new high school is being constructed in the Ophir
School District in Big Sky which will remove some students from the Bozeman High School. Other
changes may also occur over the planning horizon. The School district prepares its own projections of
demand based upon service requirements of its entire service area. For the Bozeman planning area only,
the following schools would likely be required based upon the projected population. Further discussion
on schools is presented in Appendix H, Public Services and Facilities.
Table C-14 Spring 2008 School District 7 Enrollment
School Type Grades Enrolled Students
Elementary K-5 2,371
Middle 6-8 1,139
High 9-12 1,802
Source: School District 7
Table C-15 Future BOZEMAN PLANNING AREA ONLY Population in 2025
Growth Rate Population in 2025 Elementary Schools* Middle Schools* High Schools*
5% 92,500 12.9 4.3 2.9
*Based upon the new school size standards shown in the Tables C-12 and C-13.
Source: Bozeman Community Plan, 2008
C.8 ZONING CORRELATION WITH LAND USE CATEGORIES
The land use categories described in Section 3.4 will be implemented by one or more zoning districts.
State law and the policies of the Bozeman Community Plan require zoning to conform to the Plan.
There is not a strict one to one match between a land use category and a zoning district. For example, as
shown in Table C-16, the Residential category can match with several different zoning districts.
Functions such as parks or open spaces can occur in any zoning district. Not all parks will be depicted
on Figure 3-1, the Future Land Use map. This will not prohibit their creation.
Some zoning districts may apply to multiple land use categories. In this case not all uses may be available
as any site development must comply with both the zoning and the underlying land use category.
The Residential Emphasis Mixed Use land use category does not have a directly corresponding zoning
district which would allow the full expression of the range of land uses contemplated as of the writing of
this plan. Table C-16 suggests the creation of a new zoning district to fill this need.
The City expects to review and revise its zoning regulations after the adoption of the Bozeman
Community Plan. In the process of this review zoning district titles may change, districts may be
consolidated, or other changes be made. Table C-16 is a correlation with districts as they exist today.
The principal and conditional uses, setbacks, and other details of each zoning district are contained in
Title 18, Unified Development Ordinance, Bozeman Municipal Code. This title also contains
development review requirements and procedures, definitions of uses, site development standards, and
requirements for subdivision of property.
Page C-16 Bozeman Community Plan
399
Appendix C: Land Use Inventory, Future Needs and Background Zoning Correlation with Land Use Categories
Table C-16 Zoning Correlation With Land Use Categories
Zoning District
Plan Category R-
S
R-
1
R-
2
R-
3
R-
4
R-
O
RE
M
U
*
RM
H
B-
1
B-
2
B-
3
UM
U
M-
1
M-
2
BP NE
H
M
U
PL
I
Residential ● ● ● ● ● ● ● ●
Residential Mixed
Use Emphasis* ● ● ● ● ●
Suburban
Residential ● ● ●
Regional
Commercial and
Services
● ● ●
Community Core ● ● ●
Community
Commercial
Mixed-Use
● ● ● ●
Business Park
Mixed Use ● ● ● ●
Industrial ● ● ● ● ●
Public
Institutions ●
Parks, Open
Space, and
Recreational
Lands**
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
*The Residential Emphasis Mixed-Use zoning district has not yet been created. It is presumed at this time.
**Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created under all zoning districts.
Indication in this table does not create an allowance for uses other than parks and open spaces that are not already included in the zoning district.
Bozeman Community Plan Page C-17
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40
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file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA.ZCA.BM...TION%20FOR%203601%20Good%20Medicine%20Way%20-%20Klewin.txt
From: Klewin [dp2klewin@bresnan.net]
Sent: Monday, May 14, 2012 8:15 AM
To: Chris Saunders
Cc: thasting@bozeman.net; Chris Kukulski
Subject: ANNEXATION AND R1 ZONING APPLICATION FOR 3601 Good Medicine
Way
Mahar Montana Homes is requesting annexation and R1 zoning classification to a property which is
sitting in the middle of, and adjacent to, vast acreage of RS zoning. Sourdough Creek Properties
Subdivision & Sundance Springs Subdivision with its parklands, walking paths, wetlands and creek
which abuts this property and the agricultural land use classifications beyond the subject's borders to the
south and west across South 3rd and Goldenstein all provide a proper density, a vista, and a compact
with both the county and the city which hundreds of citizens bought into-some up to 35 years ago.
I am not opposed to annexation and development of this property. But this property, given its immediate
and confining location, within the midst of parkland, water sources, and neighborhoods with homes on 1
acre, or in the case of Sundance, a PUD development, cannot, in good faith, be allowed to be
developed with more than 4 homes at most.
R1 classification is not consistent with this properties' neighborhood nor the City's masterplan. A
developer builds and leaves...neighbors and neighborhoods remain. Please support our neighborhood.
Thank you.
Denny/Pat Klewin
3251 Wagonwheel Rd.
(Resident for 27 years)
file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GP...OR%203601%20Good%20Medicine%20Way%20-%20Klewin.txt [5/14/2012 4:58:31 PM]
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file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA.ZCA.BMC/...ahar%20ZMA/Public%20Comment/Layton%20Comment%205-14-2012.htm
From: Layton, Dr. Bill [blayton@mt.gov]
Sent: Monday, May 14, 2012 9:19 AM
To: Chris Saunders
Cc: Tara L. Hastie
Dear Mr. Saunders and Ms. Hastie:
I have recently been made aware of an R1 zoning request change for Lot 4A of Minor
Subdivision 35 between South Third Street and Good Medicine Way. I am not opposed to
annexation or RS zoning but R1 zoning is not appropriate for this lot. This area is surrounded by
county and city RS type zoning and across the street is agricultural land. High density housing
for these five acres will compromise the pedestrian and trail use that was encouraged and
incorporated in the surrounding subdivisions and the integrity of the adjacent neighborhoods.
Twenty five to thirty new homes on this lot will have unacceptable major traffic impacts on the
neighbors who live on or adjacent to Good Medicine Way.
The property was bought prior to the housing market collapse with the intention of three to
four large homes however, profitability for the developer forces the need to request a higher
density residential zoning. We all have taken a hit on our home values and we will have to wait
and hope that our home values are regained. The developer wants to lessen his market losses
on this speculative investment at the expense and daily inconvenience of long standing
neighborhood owners.
Susan Swimley represents the homeowners and we support her’s and the neighbor’s testimony
before the Zoning Board on April 15, 2012 opposing the granting of R1 zoning for this lot.
Thank you.
Arthur W. and Elizabeth Layton
3638 Fieldstone Dr West
Bozeman, MT
406-586-0239
blayton@mt.gov
file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA...A/Public%20Comment/Layton%20Comment%205-14-2012.htm [5/14/2012 4:58:32 PM]
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file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA.ZCA.BMC...edicine%20Way%20-%20Zone%20Map%20Amendment%20%23Z-12068.txt
From: John Mills [jammer.mills@gmail.com]
Sent: Tuesday, May 15, 2012 4:46 PM
To: Chris Saunders; Tim Cooper; Greg Sullivan
Cc: swimley@swimleylaw.com; studer@bresnan.net
Subject: URGENT - PLS READ: Mahar Good Medicine Way - Zone Map
Amendment #Z-12068
To Tara Hastie and Others with the Bozeman Zoning Commission,
My wife Susan and I live at 418 Peace Pipe Drive in Sundance Springs. We are out of town and
are unable to attend the Zoning Commission Meeting this evening regarding the subject Zone
Map Amendment application.
We want the Zoning Commissions to know we do not support the Developer's request for this
amendment.
Sincerely,
John & Susan Mills
--
John Mills
Home 406-587-6379
Cell 406-599-4190
file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GP...0Way%20-%20Zone%20Map%20Amendment%20%23Z-12068.txt [5/15/2012 4:48:29 PM]
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