HomeMy WebLinkAboutCottage Ordinance Attachments
MEMORANDUM TO: ZONING COMMISSION AND PLANNING BOARD
FROM: CHRIS SAUNDERS
RE: COTTAGE HOUSING TEXT AMENDMENT WORK SESSION
DATE: APRIL 28, 2016 The City is undertaking a variety of policy initiatives to address the issue of affordable housing. Recently, the City Commission adopted an ordinance establishing certain targets for numbers of affordable homes and price limits. As part of the ordinance the City included certain incentives to reduce developer costs. As part of the discussion the City also committed to providing additional options to facilitate creation of affordable homes. Cottage housing is a newer form of development in Bozeman. The local example most similar to the proposed text is the Annie Cottages located at Annie Street and Hanson Street in northwest Bozeman. The existing cottage housing projects in Bozeman have all been developed as condominiums. It can be more difficult to obtain construction financing and mortgages for condominiums. The proposed new approach will enable individual dwellings to each be on their own parcels but be part of a coordinated whole to manage shared elements of the site. It is expected that this will make financing easier. Conceptual text has been assembled for review and discussion. The text is not finalized. The purpose of the work session is to obtain initial feedback prior to completing a draft for formal public review. Staff drew upon cottage housing standards from multiple communities in its research for this project as well as considering local conditions and community needs. Cottage housing is different from standard subdivisions in that the project is developed as a more integrated whole with shared open spaces and facilities. Individual lot sizes, setbacks and other typical zoning standards may be reduced but the overall the project meets basic standards for the zoning district. Cottage housing is focused on smaller home sizes and the adopted standards reflect that focus. Due to the smaller size and shared facilities a lesser amount of land per dwelling is required as a minimum. Typically, the City has relied upon the site plan review process to coordinate layout and facilities for such multi-building complexes. Cottage housing, since it will create separate lots, needs to be reviewed under subdivision procedures. Normally a subdivision does not contain much of the information needed to successfully assemble a cottage development. Therefore, the City is proposing some standards unique to cottage housing which will
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enable adequate review without needing to layer a site plan over a subdivision. The trade off is that the cottage project design is more tightly controlled during design and after approval. The cottage housing use may be applied within all residential districts except Residential Suburban. The number of homes is proportional to the number allowed in the individual district. Due to the restricted sizes of individual homes a greater number are allowed on the same total land area. Building heights are likewise capped more restrictively than standard homes. Cottage development must be distributed rather than concentrated. Therefore, there are requirements limiting the size of a cottage project and proximity to other cottage projects. Not every site will be well suited for cottage development. Cottage housing development must provide a certain percentage of housing priced to meet the requirements of affordable housing. They may also use the affordable housing incentives. The units not designated as affordable housing may be priced to what the market will tolerate. The subdivision review for a cottage housing project may be a free standing subdivision if the property hasn’t been previously included in a subdivision. If the parcel has previously been subdivided and meets certain tests for infrastructure availability then a more expedited process of a subdivision exemption may be used. In either case, a final plat will be prepared and filed to provide a clean legal description. Several parts of the municipal code will need to be modified to enable cottage housing. Please see the attached draft text. The comment bubbles either explain an issue or identify an item for discussion. Some images to help explain cottage housing are included in this memo or at the end of the working draft of the text. All elements of the text are subject to change. Staff is asking the zoning commission and planning board for feedback on the following: 1) Does the idea of cottage housing seem to be a reasonable fit for Bozeman. 2) Does cottage housing appear reasonable for both Greenfield and infill development. 3) Which parts of the text need greater clarity or explanation? 4) Do you recommend altering parts of the text and why?
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Conceptual illustration
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Example plan layout for isolated “infill” type site
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Examples of described standards in the working draft.
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We want this type of shared spaces. Open to offset density, opportunity to interact.
Not this type of shared spaces with little opportunity for casual interaction.
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This website is for a development company in the Seattle area that has lots of images of different projects they have done. http://www.cottagecompany.com/default.aspx
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Creation of this new use also requires edits elsewhere in the code. See the end of the document for the edits to additional sections.
This is a working draft for discussion prior to preparation of a draft for public hearings. A work session to discuss this draft will be held with the Zoning Commission on May 3, 2016 at City Hall at 6 pm.
38.22.240 Cottage Housing
38.22.240.A Purpose and Intent. The purpose of this chapter is to help achieve the goals and objectives of the Land Use and Housing chapters of Bozeman’s growth
policy; by providing a program creating a type of housing to assist in meeting the goals of the Inclusionary Housing Program, Article 38.43. These housing options
encourage more efficient use of land and energy to build communities and offer greater affordability. In applying this purpose, the overall purposes of this Chapter
as set forth in 38.01.040 and the authorities of the City per 38.01.050 and 38.01.070 are explicitly recognized.
1. These regulations set forth the required standards for cottage housing
development.
2. Cottage housing enables a higher dwelling density development. by allowing smaller home sizes, clustered home sites, and alternative parking and design
standards.
3 The intent of the cottage housing development regulations is to:
(a) Provide opportunities for creative, diverse and high quality infill and greenfield development that is compatible with existing neighborhoods.
(b) Support development of diverse housing in accordance with the growth policy;
(c) Increase the variety of housing types available within the community;
(d) Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes;
(e) Provide opportunities for small, detached dwelling units within existing neighborhoods; and
(f) Support more efficient use of urban residential land;
38.22.240.B Goals. The goals of cottage housing development are to:
1. Increase housing supply and the choice of housing styles available in the
community as encouraged by Bozeman’s growth policy.
Comment [CCS1]: Describes policy, not
regulatory text.
Comment [CCS2]: Support affordable
housing, increased options for choice of
housing to all, and ensure that higher density
development does not negatively impact others.
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2. Provide for development of housing that responds to changing demographics and smaller-sized households as documented by the decennial US census.
3. Support the efficient use of land and higher density infill in developed areas.
4. Promote housing affordability and greater choice by encouraging smaller and
more diverse home sizes and neighborhoods with mixes of income levels.
5. Promote high-quality design to minimize impacts of more dense development on adjacent properties.
6. Allow flexibility in site and design standards while promoting infill projects compatible with existing single-household developments.
7. Ensure that cottage developments contribute to the overall character of residential areas;
8. Provide for centrally located and functional common open space that fosters a sense of community;
9. Provide for semi-private area around individual cottages to enable diversity in landscape design and foster a sense of ownership;
10. Minimize visual impacts of parking areas on the street and adjacent properties and the visual setting for the development;
38.22.240.C Applicability. This article applies to all cottage housing projects in conjunction with an Affordable Housing Plan allowed and submitted under this
chapter. Unless specifically modified, in this section, all provisions of the municipal code apply as written.
38.22.240.D Cottage Housing Subdivisions.
1. The provisions of this section apply exclusively to divisions of land for cottage housing developments pursuant to this chapter in the residential zones
established in 38.08 and 38.09. Subdivision review procedures shall follow:
a. The provisions for a first minor subdivision if five or fewer lots are created;
b. The provisions for a major subdivision if six or more lots are created; or
c. The provisions for a subdivision exemption 76-3-203, Montana Code Annotated if:
(1) The primary lot was previously reviewed as part of a subdivision;
(2) All public street, water, sewer, and stormwater infrastructure (excluding individual services to proposed lots and internal main extensions) is installed, and
(3) All park requirements applicable to the proposed density of dwellings have been satisfied.
d. If reviewed under the subdivision exemption allowance:
(1) The procedures for subdivision exemption must be followed; and
Comment [CCS3]: Article 38.43 generally,
specifically section 38.43.080
Comment [CCS4]: Enables and allows use of improvement agreements, applies usual
standards for block length, perimeter
sidewalks, mail locations, etc.
Comment [CCS5]: Allows for direct fee
simple ownership of individual cottages.
Review procedures allow for either an initial
subdivision or as an expedited amended plat if
key elements are already addressed.
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(2) Notice to the public will be provided equal to that required for a site plan in Table 38.40.030;
(3) The application is subject to review for acceptability and adequacy per
38.19.090
2. Cottage housing developments may be subdivided into dependent lots for individual dwellings and common spaces within the primary lot.
a. The development as a whole shall meet development standards applicable at the time the subdivision application is deemed adequate.
b. The primary lot shall meet the size, length, width, frontage, and similar development standards of this chapter.
c. As a result of the subdivision, development on dependent lots may be nonconforming as to some or all of the development standards of this chapter based on analysis of the dependent lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves and any structure shall be within the boundary of the dependent lot.
3. Lot subdivisions and subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the primary lot.
4. Reciprocal joint use and maintenance agreements, for each dependent lot within the primary lot, must be executed for access, use of common garage or parking areas, common open area and other similar features, and recorded with the Gallatin County Clerk and Recorder’s Office.
5. Within the primary lot, required parking for a dwelling unit may be provided on a different dependent lot than the lot with the dwelling unit or on a common area, as long as the right to use that parking is formalized by an easement recorded with Gallatin County Clerk and Recorder’s Office.
6. Notes on the conditions of approval page of the plat must include the restrictions applicable to the dependent lots including but not limited to:
a) The dependent lot is not a buildable lot independent of the primary lot and associated cottage development; b) Additional development of the dependent lots may be limited as a result of the application of development standards primary c) Any and all restrictions that apply to the common areas. d) Permitted cottage square footage
7. A cottage housing subdivision may use the provisions of 38.39.030.D without the requirement of a planned unit development
38.22.240.E Modifications to the Provisions in this Section.
1. An applicant may request modifications to the provisions of this section.
Modifications must be consistent with the purpose, intent and requirements of this section.
Comment [CCS6]: These items will be met with standard subdivision review processes if
options 1a or 1b are followed. Since this
exemption is allowing creation of new lots and additional density it is necessary to have a bit
more review than is typically needed with a
subdivision exemption.
Comment [CCS7]: Smaller lot sizes for
individual homes, setbacks, and similar standards may be affected without having to
ask for variances. The project as a whole does
need to show compliance with the requirements of this section in order to take
advantage of this provision.
Comment [CCS8]: Cottage development are
not intended to be separable lots but to be developed and function as a single entity with
ownership of individual lots.
Comment [CCS9]: Allows concurrent
installation of infrastructure and onsite
buildings. There are required procedures and documentation required with the section
which are not modified by this reference.
Comment [CCS10]: What items should be authorized or restricted from modifications?
Should modifications be capped by a
percentage or otherwise restricted to avoid abuse?
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2. The applicant must describe each requested modification and document in writing how the modifications are consistent with the purpose, intent and
requirements of this section.
3. The review authority may approve modifications after documenting in writing that the modifications are consistent with the purpose and requirements of this
chapter and do not threaten the public health, safety, or welfare.
4. Changes to a site configuration or design elements approved under this article may be approved by the review authority.
5. Changes that:
a. Increase the intensity of development, e.g., trips generated or number of residential units;
b. Alter the character of the development or balance of mixed uses;
c. Increase the floor area in one building by more than 10 percent;
d. Change access points; move buildings around on the site;
e. Reduce the acreage of common open area or buffering areas; or
f. Diminish the effectiveness of perimeter buffers, are major modifications per
38.01.070.
38.23.240.F Design Standards. It is the intent of these design standards to ensure cottage design is based on a coherent architectural concept; to ensure cottages
possess architectural finish; to ensure cottages contribute positively to the architectural character of the neighborhood; and to provide flexibility in design and
contrast among individual cottages, while assuring attention to design features and character.
Table 38.23.040.G-1
Standard Requirement
Maximum gross floor area per dwelling 1,500 square feet
Maximum number of units exceeding 1,200 square feet gross floor area 25% of total units
Minimum number of units of less than 1,000 square feet gross floor area 25% of total units
Comment [CCS11]: With the heavily
interrelated standards and higher densities, modifications can quickly have unexpected
effects. Modifications can be reviewed and
approved but a more formal process is
required for larger changes.
Comment [CCS12]: These three standards ensure that cottages remain smaller as is
required to accommodate the increased
allowed density. They set an upper boundary but all smaller units would be acceptable.
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Standard Requirement
Maximum building footprint 1,000 square feet (includes attached garages)
Maximum size of 2nd floor 75% of gross floor area of 1st floor
Minimum floor area
Minimum livability standards as defined by Chapter 3 of the International Residential Code.
Minimum common area (See subsection H below for more info) 400 SF/unit
Minimum private open area (See subsection F.5 below for more info) 200 SF/unit
Maximum height for cottages 25 feet with a minimum roof slope of 6:12 or 18 feet for roof slopes of less than 6:12
Maximum dormer size Not more than 25% of sidewall width individually and not more than 40% of sidewall width in aggregate
Setbacks (to exterior property lines) See 38.08.050 or 38.09 as applicable
Maximum height for accessory structures and community buildings 18 ft.
Maximum size for community buildings 2,000 square feet
Minimum distance between detached structures (Including accessory structures)
7 feet with allowed eave protrusion in to the required distance of up to 18 inches
Comment [CCS13]: The dependent lots
within the project are allowed greater latitude in design but the boundaries to adjacent
parcels not in the project need to follow the
same rules as usual for that zoning district.
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Standard Requirement
Minimum setback from interior drive
aisles or private roads
15 feet for cottages, minimum required to comply with backing distances for detached garages and carports
Minimum parking spaces per cottage: See Table 38.25.040-1
Lot coverage
Allowed lot coverage within individual cottage lots – 100%
Allowed lot coverage within primary lot – As otherwise restricted in this
section
1. Cottage Size. The intent of setting a unit size is to ensure the overall size of cottages remains smaller and causes less visual impact than standard sized single-household dwellings, particularly given the increased density of cottage dwellings, and to provide variety in cottage housing developments through a mixture of building sizes and footprints.
a. Cottage areas that do not count toward the gross floor area or footprint calculations are:
(1) Interior spaces with a ceiling height of six feet or less, such as in a second floor area under the slope of the roof;
(2) Unheated storage space located under the main floor of the cottage;
(3) Basements;
(4) Attached unenclosed porches;
(5) Detached garages;
(6) Carports; or
(7) Architectural projections (i.e., bay windows, fireplaces or utility closets)
no greater than 24 inches in depth and six feet in width.
2. Plat Note Required. The total square footage of a cottage must not be increased from its permitted size. A note must be placed on the final plat stating
this limitation.
3. Cottage Roof Standards. A cottage must have a gable roof or a hipped roof. Dormers are allowed.
4. Orientation of Cottages.
Comment [CCS14]: This requires the normal ratio by bedroom as well as allowing
the existing reductions for on-street parking,
transit, etc.
Comment [CCS15]: Provides additional
details on what counts in determining
maximum building size compliance.
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a. Each dwelling unit must be oriented toward a common open area, and not less than 65 percent of the units must abut the common open area.
b. Each cottage must be within 60 feet walking distance of the common open
area required in paragraph H.
c. Lots in a cottage housing development are not required to abut a public street. Lots not abutting a public street must provide access from a public
street across the common open area.
d. Each unit abutting a public street (not including alleys) must have a facade, secondary entrance, porch, bay window, or other architectural enhancement
oriented to the public street.
e. Cottages shall be oriented around and have the main entry from the common open space;
5. Private Open Space. Private open space must be provided contiguous to each cottage, contained within the boundary of the dependent lot, (for the exclusive use of the cottage resident) and shall be oriented toward the common open area. Private open space is partly intended to enable diversity in landscape design.
6. Basements. Cottages may have basements. However, many areas of Bozeman are subject to high groundwater. In areas where groundwater is determined to be at a depth of less than 9 feet no basement is allowed.
7. Cottages located facing a public street. Cottages located facing a public street shall provide:
a. A covered entry feature (with a minimum dimension of 6 feet by 6 feet) visible from the street;
b. At least 15 feet of landscaped open space between the residence and the street; and
c. At least 2 architectural details, such as:
(1) Decorative lighting;
(2) Decorative trim;
(3) Special door;
(4) Trellis or decorative building element; and/or
(5) Bay window.
(6) Alternative design treatments may be considered by the review
authority on a case by case basis.
8. Character and diversity. Cottages and accessory buildings within a particular cluster shall be designed within the same “family” of architectural styles.
a. Examples elements include:
(1) Similar building/roof form and pitch;
Comment [CCS16]: Cottage developments
do not have standard yard setbacks and are not subject to the open space requirements of
38.27.020.E. This takes the place of those two
requirements in conjunction with the table above.
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(2) Similar siding materials;
(3) Similar porch detailing; and/or
(4) Similar window trim;
b. Porches. The intent of this porch requirement is to create a visual and physical connectivity to the common open area and to other cottages.
(1) Cottage porches must be unenclosed, covered, the primary entry and be oriented toward a common area.
(2) Covered porches must have at least 80 square feet in area with no horizontal dimension shorter than eight feet.
c. Façade Transparency. Transparent windows and/or doors are required on all facades of cottages facing the street and common open space. The area of the transparent windows and doors must be at least 10 percent of the area of the facades.
Modifications will be considered pursuant to ECC 15.210.060 for cottages where that standard applies to 2 or more facades, provided the design meets the purpose of the standards.
d. Variety in Building and Site Design. Cottage housing developments must avoid the repetitive use of the same combination of building size, styles, features, and site design elements within the entire residential development and between adjacent dwellings. Dwellings with the same combination of features and treatments must not be located adjacent to each other.
A diversity of cottages can be achieved within a “family” of styles by:
(1) Alternating porch styles (such as roof forms);
(2) Alternating siding details on facades and/or roof gables; and/or
(3) Different siding color.
38.22.240.G Density Standards.
1. The following density standards apply to cottage housing developments. These standards are in place of those established in 38.08 and 38.09.
a. Cottages may be built at up to two dwellings per standard single-household dwelling allowed in the underlying zone.
b. Existing single-household dwellings on the site will count towards total units. If the existing dwelling exceeds the maximum allowed size of a cottage it counts as two cottages in determining maximum allowed density.
c. Minimum units per cottage cluster: four.
d. Maximum units per cluster: 12.
e. Maximum units per cottage housing development: 24.
Comment [CCS17]: This is an allowance not
a guarantee. Whether this can be achieved
depend on the configuration of the primary
lot and the proposed design.
Comment [CCS18]: These two work
together to enable a common, but not
overwhelming, scale of a project. The minimum number ensures that parcels must
be large enough to be effectively developed as
a cottage development and provide the necessary common areas.
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f. Minimum number of affordable housing units: 30 percent of the units must be moderate-priced homes or 10 percent of units must be lower-priced homes;
however no less than one unit must meet the definition of lower-priced home. Lower-priced homes and moderate-prices homes are defined in 38.43.040.
g. Cottage housing developments must be spaced so that there are no more than
a total of 24 cottages within the area defined by a 500 foot radius from the geographic center of a proposed cottage housing development. The number of
cottages within a proposed development is included in the total allowed within the defined area.
h. Accessory dwelling units are not allowed within a cottage development.
2. Existing Dwellings. An existing detached single-household dwelling that is incorporated into a cottage housing development as a residence and is nonconforming with respect to the standards of this chapter shall be permitted to remain on a site used for a cottage housing development and must count as one of
the allowed units. However, the extent of the noncompliance may not be increased unless the proposed change is determined by the Director to be consistent in
character, scale and design with the cottage housing development. Repair, maintenance and reconstruction of an existing dwelling are regulated by 38.32. An
existing dwelling may be replaced with cottage units consistent with this chapter.
38.22.240.H Community Assets.
1. Common Area. The minimum common area requirements set forth in this section are intended to provide a sense of openness, visual relief, and community in cottage housing developments. Common areas must provide a centrally located, focal area for the cottage housing development.
a. Required common area may be divided into no more than two separate areas per cluster.
b. To be considered as part of the minimum open space requirement, an area of common open area must have a minimum dimension of 20 feet on all sides.
c. The total common open area must be at least 1,200 square feet, regardless of the number of units in the cluster.
d. At least two sides of the common open area must have cottages along the perimeter.
e. Parking areas, yard setbacks, private open space, and driveways do not qualify
as common open area. Community buildings can be counted towards the common open area calculations.
f. Open space shall abut at least 50 percent of the cottages in a cottage housing
development.
g. Site Design Requirements. The overall site design for all common areas must include a minimum of the following:
Comment [CCS19]: If needed for smaller projects the number of units will be rounded
up so there is always at least one affordable
home.
Comment [CCS20]: These small units which
are normally allowed in all residential zones
are somewhat duplicative to the idea of
cottages and add considerable complexity if
allowed. Therefore, they are not allowed.
Comment [CCS21]: If a cottage
development is proposed on a previously
developed site and the existing home is still functional we do not require it to be removed
even though it doesn’t meet all of the cottage
standards.
Comment [CCS22]: Functional shared spaces are a defining characteristic of cottage
developments. The actual design can vary
greatly depending on the preferences of the developer.
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(1) All common areas must have landscaping as defined in 38.42.1530 except for those portions of the common area developed for play structures, common
structures, gardens or similar uses.
(2) All cottage development must have or exceed the equivalent area of 40 percent of the common area in tree canopy cover at maturity of the selected
species in the landscaping.
2. Community Buildings.
a. Community buildings are permitted in cottage housing developments.
b. Community buildings must be clearly incidental in use and size to dwelling units.
c. Design must be similar to and compatible with the design of the cottages.
d. Other shared facilities could include tool sheds, gazebos, workshops, or similar common elements.
3. Private open space must be adjacent to each dwelling unit, for the exclusive use of the cottage resident(s). The space shall be usable (not on a steep slope) and oriented toward the common open space as much as possible, with no dimension less than 10 feet.
38.22.240.I Access and Parking.
1. Purpose. The intent of these access and parking standards is to minimize the
visual impact of vehicles and parking areas for residents of the cottage housing development and adjacent properties and to provide for adequate off-street
parking for cottage housing developments. It is the intent that shared detached garage structures is used for parking of vehicles used by the residents.
2. Off-Street Parking Spaces.
a. Garages attached to cottage must not be on the building side with the front
entry and may not exceed the minimum standard for a single vehicle.
b. Shared detached garage structures must be reserved for the parking of vehicles owned by the residents of the development. Storage of items
which preclude the use of the parking spaces for vehicles is prohibited.
c. Guest parking may be clustered with resident parking. Guest parking must be clearly identified as reserved for visitors. Guest parking must include one
parking space per cottage.
e. At least one stall of each parking type must meet the accessibility standards of the building code.
3. Parking Design. The intent of these parking design standards is to create
unobtrusive parking, by screening and disguising parking structures and spaces from surrounding properties, including screening by architectural design and/or
vegetation, and by minimizing the number of contiguous spaces.
Comment [CCS23]: Under a site plan review a formal landscaping plan meeting a number
of development points would be required.
Since cottage developments are subdivisions, not site plan, this ensures a minimum amount
of landscaping will be provided.
Comment [CCS24]: These are allowed but not required.
Comment [CCS25]: No fully enclosed
parking area is required. It is allowed if the
developer wants.
Comment [CCS26]: There is no requirement
that parking be provided for free. Enclosed
spaces could be rented with funds going to
maintenance of the parking facilities or
otherwise as the HOA chooses.
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a. Parking areas or common garages must be limited to no more than four contiguous spaces separated by a minimum of five feet of sidewalk,
landscaping, or open space. The number of continuous parking garages or spaces must be minimized.
b. Shared detached garage structures may not exceed four garage doors per
building and a total footprint of 1,200 square feet.
c. Parking must be separated from the common open area, adjacent properties, and public streets by landscaping and/or architectural screening. Solid board
fencing is not allowed as an architectural screen. Exception: One parking structure may be adjacent to the common open area, if the garage includes
architectural features to make it look consistent with the units and community buildings.
d. Parking, including garages, must be set back a minimum of 20 feet from a
public street.
e. The parking layout must be designed to minimize walking distance to cottages.
f. A pitched roof is required for all parking structures.
g. The design of garages and carports, including roof lines, must be similar to and compatible with that of the dwelling units within the cottage housing development.
h. Common garages are allowed.
i. Parking may be located between or adjacent to structures, if it is located toward the rear of the structure and is served by an alley or driveway.
j. Parking stalls, circulation areas, and related spaces shall comply with 38.25. If there is a conflict between the standards of 38.25 and this paragraph the provisions of this paragraph shall be followed.
4. Walkways.
a. A system of interior paved walkways must connect all cottages with each other, the parking area, and the sidewalks abutting any public streets
bordering the cottage housing development.
b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width.
5. Storage.
a. Storage closets for each unit may be included as part of community buildings or added to garages.
b. Storage for gardening supplies may be included as part of a community
building or a separate small building designed to mimic the units.
c. Garages must not be used for storage if such storage inhibits the ability to park a vehicle.
Comment [CCS27]: This allows four standard enclosed 11x22 parking stalls plus
232 square feet of additional storage area.
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6. Fence Design Standards. The standards of this paragraph are in addition to the standards of 38.23.130.
a. Fencing and Screening. The intent of internal decorative fencing and
screening is to delineate private yards and screen parking structures, community assets and unit walls. A cottage housing development must
internally be an open community sharing common areas. The intent of external fencing and screening is to conceal the higher density
development from adjacent lower density land uses.
b. Decorative fencing may be used for delineating private yards.
c. Fencing or shrubbery may be used to screen parking areas, community assets, and unit walls.
d. Fencing and shrubbery may not exceed 36 inches in height, except directly adjacent to a parking structure.
e. Chain link and solid fences is not allowed internally. Solid fencing is allowed on the exterior boundary, except bordering an external street.
Example layouts and images of cottage development.
Example cottage housing.
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Cottage housing examples.
pedestrian entry layout
Additional code edits required to enable the cottage housing proposal above.
New Definitions
38.42.765 Cottage Housing. “Cottage housing” refers to clusters of cottages arranged around a common open space.
38.42.945 Cottage. “Cottage” means a small single-household dwelling that is clustered with other similar units surrounding a common open space.
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Subdivision exemption provisions
Sec. 38.05.020. - Specific divisions of land exempt from review but subject to survey requirements and zoning regulations for divisions of land not amounting to subdivisions.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Act, the following divisions or aggregations of land are not subdivisions under this chapter and the Act, but are subject to the surveying requirements of MCA 76-3-401 for lands other than subdivisions and are subject to applicable zoning
regulations adopted under title 76, chapter 2, Montana Code Annotated (MCA 76-2-101 et seq.). A division of land may not be made under this section unless the
county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent. The county clerk and
recorder shall notify the planning department of any land division described in this section or MCA 76-3-207(1).
New text
7. For amending one or more lots within a platted subdivision to create new divisions of land for cottage lot developments subject to [SECTION- BMC reference]. (MCA 76-3-203). This section is not applicable to the development
of condominiums. An amended plat of the original subdivision showing the new dependent lots and all common lots shall be filed only if it complies with the
uniform standards for final subdivision plats specified in section 24.183.1107, ARM and as updated.
Sec. 38.05.070. - Exemption review criteria.
A. The following criteria shall be used to ensure that exemptions are not claimed for the purposes of evading this chapter or the Act. Appeals regarding a final decision by the planning department that an exemption is an evasion of the Subdivision and Platting Act may be taken in the manner established for administrative project decision appeals as set forth in 38.35.030.
New text
7. Divisions made for the purpose of creating lots subject to zoning regulations as cottage development and not recorded as condominiums. (MCA 76-3-203).
a. The proper use of the exemption is to create lots for cottage development in compliance with [SECTION – cottage development standards]. A restriction or requirement on the original platted lot continues to apply to those areas.
b. An amended plat of the original subdivision showing the new dependent lots shall be filed only if it complies with the uniform standards for final subdivision plats specified in section 24.183.1107, ARM and as updated.
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Sec. 38.08.020. - Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in
subsection C 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.
C. The uses listed are deliberately broad and some are given special definitions in
article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be
specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 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 R-5 RMH
Cottage - P P P P P P P
Sec. 38.09.020. - Authorized uses.
A. Uses in the residential emphasis mixed-use district 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 within the district are indicated by a "-."
B. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in article 22 of this chapter.
C. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations.
2. Developments are encouraged to include nonresidential uses, especially
commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods.
3. Nonresidential uses shall not exceed 30 percent of the total gross building
square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development
(PUD) review.
Comment [CCS28]: Cross-link with cottage
development standards.
Comment [CCS29]: Add cottage housing option to residential districts.
26
4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use shall be
utilized.
5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review.
6. Home-based businesses are not considered nonresidential uses and shall not
be limited by the provisions of the section.
7. Nonresidential uses intended for public benefit and shared public amenities shall not be limited by the provisions of this section. These uses include, but are
not limited to, schools, parks, community centers, city operated services and structured parking facilities.
D. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will be first subject to review as a master site plan per article 19 of this chapter; or as a PUD per article 20 of this chapter, as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with article 19 of this chapter.
3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article; and may be subject to review as a master site plan per article 19 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood;
b. The proposed development is located at an intersections deemed to have special significance;
c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel;
d. The proposed development requires a multi-year approval and multiple phases for completion.
Table 38.09.020
Table of Uses Maximum Gross Building Area Authorized Uses
Cottage P
Comment [CCS30]: Add cottage option to
Residential Emphasis Mixed Use district
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