Loading...
HomeMy WebLinkAboutChapter_16 Residential Zoning Districts Title 18 Chapter 16 RESIDENTIAL ZONING DISTRICTS Sections: 18.16.010 Intent and Purpose of Residential Zoning Districts 18.16.020 Authorized Uses 18.16.030 Lot Coverage and Floor Area 18.16.040 Lot Area and Width 18.16.050 Yards 18.16.060 Building Height 18.16.070 Residential Garages 18.16.080 Additional RMH District Performance Standards 18.16.010 Intent and Purpose of Residential Zoning Districts The intent and purpose of the residential zoning districts is to establish areas within Bozeman 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 title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to ~ 18.02.050. A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space, resource protection, and 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 Chapter 18.36, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman growth policy. B. The intent of the R-1, Residential Single-household, Low Density, district is to provide for 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. C. 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. D. 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 character, while reducing the adverse effect of nonresidential uses. E. 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 XVIII-16 p1 10/2005 associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. The net density, as defined in Chapter 18.80, for new developments shall be 8 dwellings per acre or greater. 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. F. The intent of the R-O, Residential-Office, district is to provide for and encourage the development of multi-household 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 non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. G. 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 title. (Ord. 1645 ~ 1, 2005) 18.16.020 Authorized Uses A. Uses in the various residential districts are depicted in the table below. 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 bya "-". B. Additional uses for telecommunication uses are contained in Chapter 18.54. Table 16-1 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units 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 - - - - p p - in Chapter 18.80 Assisted living/elderly care facilities - - - C C P - Bed and breakfast C - C C P P - Commercial stable C - ~ - - - - Community centers P P P P P P P Community residential facilities (with more C C C P P P C than four residents) 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 XVIII-16 p2 10/2005 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Essential services (Type II) C - ~ - - - C Extended stay lodgings - - ~ - 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 Ale Ale Ale Ale AlC AlC Ale Lodging houses - - - C P P ~ Offices - - - - C3 P - Other buildings and structures typically A A A A A A A accessory to authorized uses Private garages A A A A A A A Private or jointly owned community center A A A A A A A or recreational facilities Private storm water control facilities A A A A A A A Private vehicle and boat storage A A A A A A Ale' Public and private parks P P P P P P P Manufactured homes on permanent P P P P P P P foundations 1 Manufactured home communities - - ~ - - - P Medical offices, clinics, and centers - - - ~ C P - Recreational vehicle parks C - - - ~ - P Signs, subject to Chapter 18.52, BMC A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards incidental to A A A A A A A construction work 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 (five attached units or less) - - - p6 P P - Townhouses (more than five attached ~ ~ - - P P - units) 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 Chapter 18.36, BMC Veterinary uses C - - - - - - Notes: 1 . Manufactured homes are subject to the standards of ~ 18.40.130. 2 Agricultural uses includes 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; thirly-six fowl XVIII-16 p3 10/2005 (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. 3 Only when in conjunction with dwellings. 4 Storage for more than three recreational vehicles or boats. (Ord. 1645 ~ 1, 2005) 18.16.030 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 Chapter 18.36, in compliance with the adopted Bozeman 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. 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 unit built on a lot subject to the provisions of ~ 18.42.180, Provision of Affordable Housing, (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 1 square foot of floor area for each 3.3 square feet of lot area. (Ord. 1645 ~ 1, 2005) 18.16.040 Lot Area and Width A. All lots shall have a minimum area as set forth in the table below and are cumulative. These minimums assume a lack of development constraints: Table 16~2 Lot Area Minimum Lot Area in Square Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See Paragraph B 5,000' 5,0001 5,0001 5,000' 5,0001 5,000' below Two-household dwelling - - 6,000 6,000 6,000 6,000 - Lot area per dwelling in three- or four-household dwelling - - - 3,000 3,000 3,000 - configurations Townhouses - ~ - 3,0002 3,0002 3,0002 - Apartments. first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after - - - - 600 600 - the first Additional area required for an 1,0004 1,000 1,0005 1,0005 10005 1,0005 - accessory dwelling unit3 XVIII-16 p4 10/2005 Notes: 1 In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots, 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. i' For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet. 3 As defined in Chapter 18.80, and subject to the requirements of Chapter 18.40. 4 Extra lot size requirement does not apply when R-$ lots are larger than 6,000 square feet. 5 Second dwellings in accessory buildings are subject to all restrictions in this title 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 S 18.40.030. B. All lots shall have a minimum width as set forth in the table below. These minimums assume a lack of development constraints: Table 16-3 Lot Width Table Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household See Paragraph 50 50 50 50 50 50 dwelling B below Two household ~ - 60 60 50 50 - Accessory dwelling 50 50 60 60 60 60 ~ Dwellings in three- or four-household - - - 60 60 60 - dwelling Townhouses Width of Width of Width of - - - interior units interior units interior units - All other uses See Paragraph 50 50 50 50 50 50 B below Notes: 1 Second dwellings in accessory buildings are subject to all restrictions in this title 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 S 18.40.030. 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 Chapter 18.36, and in compliance with the adopted Bozeman growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. 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 Chapter 18.66. 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 Chapter 18.60. 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 ~ 18.36.090.E.2.b.(6). XVIII-16 p5 10/2005 ------. ,..,..---.".- E. When new lots are created utilizing the modular lotting provisions of ~ 18.42.030, they shall be developed in combination adequate to meet the width requirements of Subsections A and B of this section. (Ord. 1645 ~ 1, 2005) 18.16.050 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 Bozeman growth policy - 25 feet; b. Adjacent to collector streets as designated in the Bozeman growth policy. 20 feet; c. Adjacent to local streets - 15 feet. 2. Rear yard - 20 feet; 3. Side yard ~ 5 feet; 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. 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 these regulations: 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 1 or more principal buildings which are oriented to place the functional rear of a 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 ~~ 18.30.060, 18.38.060, 18.42.100, 18.44.100, and 18.48.100. (Ord. 1645 ~ 1, 2005) 18.16.060 Building Height Maximum building height for each residential district shall be as follows: XVIII-16 p6 10/2005 --..----- Table 16-4 Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-Q 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. 1645 ~ 1, 2005) 18.16.070 Residential Garages Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: A. 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; B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the dwelling containing the main entry; and/or C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehicular garage access on non-principal facades and/or alleys is also encouraged. (Ord. 1645 ~ 1,2005) 18.16.080 Additional RMH District Performance Standards Development of any parcel of land within the RMH district shall be subject to all applicable requirements of Chapter 18.40, Standards for Specific Uses, and Chapter 18.42, Development Standards, 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: A. Minimum Area for Manufactured Home Community District 1. The minimum total RMH district area shall be no less than 10 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: a. Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this title would not be appropriate in order to XVIII-16 p7 10/2005 conserve a physical or terrain feature of importance to the neighborhood or community; or b. 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. 2. Waiver of the 10 acre minimum may only be granted by the City Commission. (Ord. 1645 ~ 1, 2005) XVIII-16 p8 10/2005