HomeMy WebLinkAbout22.01.03 Review of ZMA TrainingMemorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Training on Review of Zone Map Amendments
MEETING DATE:January 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information, ask questions, prepare for Board responsibilities for
reviewing Zone Map Amendments.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The primary role of the Community Development Board in its capacity as the
Zoning Commission is the review of amendments (text and map) to the
zoning standards. This review process provides an opportunity for evaluation
of the proposed amendment and its conformance with the growth policy,
public awareness of the amendment, and an opportunity to demonstrate
that the proposed development meets established criteria for approval. The
Staff will provide training and an overview of the zone map amendment
(ZMA) review process on January 3rd.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the Board
FISCAL EFFECTS:None
Attachments:
CD Training 1-03-2022 memo.pdf
BCP_2020_Zoning_Reference.pdf
ZoningTextandMapAmendments.pdf
Hinds decision -
ORDERREMOTIONSFORSUMMARYJUDGMENT.pdf
Report compiled on: December 23, 2021
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: DECEMBER 23, 2021
SUBJECT: ZONE MAP AMENDMENT REVIEW TRAINING The primary role of the Community Development Board in its capacity as the Zoning Commission is the review of amendments (text and map) to the zoning standards. This review process provides an opportunity for evaluation of the proposed amendment and its conformance with the growth policy, public awareness of the amendment, and an opportunity to demonstrate that the proposed development meets established criteria for approval. The Staff will provide training and an overview of the zone map amendment (ZMA) review process on January 3rd. There are two zone map amendments scheduled for formal public hearings on January 24th. This material is in support of that presentation and training. There are numerous references to state and local law in this memo. If the reference has a pattern of ##-#-### or is followed by MCA that is a reference to state law. If the reference has a pattern of XX.XXX.XXX or is followed by BMC that is a reference to Bozeman law.
Know Your Community Quiz In what years did the City first adopt standards to address the following? Answers are on the last page of this memo.
• Watercourse protection
• Sign controls
• Snow removal
• Restricting use of property for public safety
• Building materials requirements
Authority to Zone The State authorizes but does not require local governments to have zoning. Local regulations must be in alignment with enabling legislation – 76-2-301 et. seq. MCA, passed by the state. The zoning enabling language is much less specific than subdivision review enabling legislation. There are specific purposes and certain procedures required. However, things like the number and type of zoning districts are left to the local government to decide. Counties are subject to different but similar zoning laws than cities.
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76-2-301. Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be: (a) made in accordance with a growth policy; and (b) designed to: (i) secure safety from fire and other dangers; (ii) promote public health, public safety, and the general welfare; and (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (2) In the adoption of zoning regulations, the municipal governing body shall consider: (a) reasonable provision of adequate light and air; (b) the effect on motorized and nonmotorized transportation systems; (c) promotion of compatible urban growth; (d) the character of the district and its peculiar suitability for particular uses; and (e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area. Bozeman implements the review of the 76-2-304 criteria through Chapter 38 – Unified Development Code. This part of the municipal code contains the locally adopted standards to implement both zoning and subdivision authority and addresses all types of development. Bozeman has combined these functions with one set of regulations due to the many common elements and needs. Section 38.260.100 lays out the procedures to review a ZMA. State law requires that the Zoning Commission review and forward a recommendation on an amendment to zoning (text or map) before the City Commission takes action on the proposed change. The staff report with each ZMA will analyze the criteria from 76-2-304. The criteria in subsection 1 are required to be met for an application to be approved. The criteria in subsection 2 must be considered but can be found neutral, met, or not met. An application where items in subsection 2 are not met can still be approved if the overall benefits of the ZMA are favorable.
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Growth Policy Bozeman Community Plan 2020 is the seventh long range city-wide land use plan for the community. Chapter 5, pages 71-79, gives guidance on how the City reviews zone map amendments and how we apply the review criteria in state law. It is very important that the members of the Community Development Board be familiar with this information as an application being “in accordance with a growth policy” is a required standard for approval. The description of criteria on pages 71-79 are the basis for applying the criteria, not personal view points or preferences. These pages are attached to this memo.
Bozeman’s General Approach to Zoning Bozeman first adopted zoning in 1935 with four residential and three non-residential zoning districts. Bozeman has maintained zoning ever since. As applied in Bozeman, zoning is a mechanism to manage change, not to freeze the status quo. Evidence of this approach is shown in the ordinance history itself. In the period between 1935 and 2021, Bozeman: Replaced the entire body of zoning regulations 17 times (not all standards changed each time). Amended the zone regulations 272 times (not counting the entire replacements). Amended the zone map 295 times. Amended the text or map in the last five years 107 times (some of these are in active review). Many of these amendments occurred due to changes in state or federal law, court cases interpreting the law, and annexations of new land into the City. The City has also amended the zoning to implement changes of policy in the growth policy and other planning documents. Bozeman has grown significantly in area and population during the period zoning has been in effect. Changing economic and housing needs make it necessary for the City to regularly update its land development regulations to keep pace. As the City updates its regulations and the community continues to evolve it can raise questions on what zoning means. The growth policy answers this in part by stating on p. 71: “WHAT DOES IT MEAN TO BE ZONED? It means the City has adopted standards and procedures for the development and use of property within the City. Zoning indicates the character of an area by applying use and development standards to an individual property. Essentially, zoning addresses public safety, public welfare, and compatibility between uses. Chapter 38 of the Bozeman Municipal Code is the zoning code. The City applies standards and procedures to individual properties through the zoning map. The City will not modify those standards and procedures without public notice and participation. The City does not represent or commit to anyone that the standards and procedures will not change.” The municipal code provides further information about why individual districts are created and what it means when a district is applied to an individual property.
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“Sec. 38.300.010. - Purpose. Individual zoning districts are adopted for the purposes described in section 38.100.040. Furthermore: A. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. B. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. C. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. D. The zoning provisions implement the community goals and objectives that are contained in the city's adopted growth policy. E. Zoning districts and the zoning map communicate the City's expectation for land use in each particular district.” 38.300.020.C. “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Long standing City Commission priorities for zoning standard and process development include:
• expeditious but complete review of proposals,
• moving reviews to administrative decision making where possible,
• assured approvals when applications comply with the code,
• development and redevelopment should contribute to the community,
• support for mixed uses and a diverse land use pattern, and
• locally relevant standards consistent with community priorities. These priorities have led to detailed standards to head off issues of functional compatibility between different uses. Therefore, the City’s zone districts are more diverse in uses than many communities and there are fewer concerns with different districts adjacent to each other. For example, 38.320.060 has a specific standard to address transition in building heights when districts allowing taller buildings are adjacent to districts with less intensive uses. Generally when considering adjacencies of use a street or similar width space is considered a sufficient separation between uses which could be in conflict.
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The purposes of the state criteria and the analysis of compliance by an individual application is to ensure that zoning is advancing the overall well-being of the community rather than creating legislation to the special favor of a few at the expense of the community as a whole. This issue will be discussed in some detail during the training and later in this memo.
Data Community Development Viewer. The City has assembled a publicly available information set regarding development. This is often the easiest way to help you get oriented to what is happening around a ZMA application. You can turn on and off different layers to help you understand what is happening in the community. Information such as zone boundaries, aerial photos, future land use map (the map showing where different uses are expected from the growth policy), water features, and other material is updated regularly. Infrastructure Viewer. The City has created a web based viewer for infrastructure information. This can show locations and details on public utilities like water and sewer pipes, facility plan information for where service expansions are expected, and floodplains. This is “live” information and as new work is completed it is added to the map. If you click on a + sign next to the name of a layer it will open more detailed information. A visit to the proposed site of a ZMA is also appropriate. However, it is private property so please stay on public streets as you view the site.
Ex Parte Communication The public and applicant have the right to be aware of what factors are being considered during review of an application and to have decisions made by impartial parties. Zone Map Amendments are legislative actions and the restrictions on contact outside of public meetings are less than for quasi-judicial actions like subdivision. However, there is still a need for transparency in decision making. For this reason, Board members should encourage commenters on applications in review to submit comments through the formal channels of agenda@bozeman.net email or presentation at a meeting where the item is being discussed. If someone discusses a pending application with you please notify other board members on the record at the beginning of the action item on the agenda of the substance of the conversation. If you have questions on an application that you don’t believe can properly wait until the public meeting please contact the staff member identified on the staff report.
Making Adequate Findings Board decisions must adequately explain what the Board decided and upon what considerations it based its findings. Findings are the legal footprints of a review to explain how the reviewer
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progressed from facts through established policies to the final decision. Findings must be based on substantial evidence in light of the whole record of the review. Findings: 1. Provide a framework for making principled decisions 2. Help make analysis orderly and reduce likelihood of missing steps in the analysis 3. Enable all interested parties to determine whether and on what basis judicial review of a decision should be sought 4. Show to a reviewing court the basis for the agency’s action 5. Show to the public that review is careful, reasoned, and equitable The staff report address all five purposes. The Board does not have to reinvent all the staff findings. In the recommended motion provided with each staff report language will be included to adopt the staff findings. If the Board concludes the staff findings are correct, no further findings are needed. If the Board finds differently than staff on an element of review the Board member should articulate the criteria, relevant facts, and how they reached a different conclusion. Such Board statements then become part of the record for the City Commission to consider in making their own decision. Depending on the degree of difference, the final motion by the Board may need to be revised to identify the differences in findings from the staff report. When the staff is analyzing compliance of a particular application with a ZMA criterion, the evaluation is against the code as a whole which will apply to the approval. For example, the park development standards of 38.420 will apply at the time of actual development to all zoning districts with residential development. The park standards ensure that the review criteria element of “facilitating adequate provision of … parks,…” will be met, even though the ZMA process itself does not require park dedication or construction. In addition to the criteria established by the legislature, the courts have adopted criteria for spot zoning. Spot zoning is an analysis of whether a proposed zone map amendment would be “special legislation” to the detriment of the general public. Generally, a ZMA which is consistent with the growth policy and the state criteria is not spot zoning. A recent local court case was decided on this issue. The decision from the court is attached for reference. The court relied heavily in its decision making on the administrative record of the decision created by the City during the review process. The findings made in the staff report, public hearings (including the discussion and motion of the Zoning Commission), and public testimony are key parts of the record of the review. This information is provided to help the Board understand the importance and uses of findings.
Public Comment A decision on a ZMA is founded on specific criteria as noted on page 2. Public comment regarding a ZMA can be submitted by any member of the public in support, opposition, or otherwise. Regardless
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of the content of the comment, for it to be actionable in the review process it must connect back to the review criteria. This becomes an important part of the Findings process if as a result of comment an application is or is not approved. Comments not related to the criteria are still accepted as part of the review but are not actionable to justify a denial or approval. An element of public comment that is unique to zone map and text amendments is protest. A public comment can be submitted by anyone and does not cause change in the review process. As required in 76-2-305 MCA, a protest may only be submitted by certain persons and if a large enough percentage of qualified persons protest a greater percentage of City Commissioners must vote to approve an amendment. The protest process does not change the review or action by the Community Development Board in the capacity as the Zoning Commission.
Review and Adoption Process An information sheet on the steps in the review process is attached to this memo. A flow chart of the approval process is included. Adoption of an amendment to the zone map must occur through an ordinance. This means that the City Commission must approve the ordinance twice, at least 12 days apart, and the ordinance does not take effect until at least 30 days after the 2nd approval. This process is a state requirement for all ordinance adoptions. The review process from beginning to effective date of the amendment can take 5-6 months even for an uncomplicated amendment. Montana law does not authorize local governments to approve a ZMA contingent on construction of a specific project. Therefore, when the City reviews a ZMA we consider the entire scope of uses and standards related to a requested zoning district. The City also discourages applicants from showing conceptual drawings as such information can lead to unsupported assumptions about what will be constructed in the future.
Consequences of Approval Once adopted, a zone district remains in place until another ZMA changes the designation on the site. Changes of ownership, approval or abandonment of site development plans, or similar occurrences have no effect on the adopted zone district. Once new zoning is in effect, applications for development of the property can be reviewed and approved. The adoption of a ZMA on a site does NOT authorize any construction.
Quiz Answers All five actions were taken in 1883, the first year the City was an incorporated municipality. The full text of the regulations, and other similar ones, are available in Ordinances 5, 8, and 16 located in the online archive of ordinances, https://weblink.bozeman.net/WebLink/Browse.aspx?id=78533&dbid=0&repo=BOZEMAN.
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comments on subdivision review criteria.
7. When all persons have had opportunity to
speak, the public hearing/comment will be
closed and the Commission or Planning
Board will then return to its discussion of the
project. They will evaluate the application
materials, the staff report, public testimony,
and the requirements of subdivision law and
regulations. The Commission or Planning
Board may inquire of staff, applicants, or
the public for clarification or additional
information in order to complete their
evaluation.
8. The Planning Board will forward a
recommendation to the City Commission.
9. The City Commission will make their
decision on record during the review of
the subdivision. The record includes all
application materials, staff review, public
comments, and other materials provided
prior to the Commission’s action.
10. When the City Commission has rendered
their decision, the City will prepare findings
of fact which establish the official record and
decision.
11. An approval or denial of a subdivision may
be appealed to the District Court after a final
decision has been rendered. Appeals are
subject to state law requirements.
ZONING AMENDMENT REVIEW
Zoning establishes many of the standards
and review processes for the use of land.
Amendments to zoning change the rules with
consequence. Therefore, zoning amendments are
reviewed deliberately and in public. Review must
be fair to all, allow for identification and resolution
of concerns, and provide meaningful opportunities
for participation.
INTENT AND BACKGROUND
Sections 76-2-301, et seq., Montana Code
Annotated, authorizes local governments to
adopt zoning. As each community uses zoning
differently, the authorization identifies certain
purposes and processes but leaves most of the
details to each community. Chapter 38, Unified
Development Code, City of Bozeman municipal
code outlines local details.
“76-2-301. Municipal zoning authorized. For the
purpose of promoting health, safety, morals, or
the general welfare of the community, the City
or town council or other legislative body of cities
and incorporated towns is hereby empowered
to regulate and restrict the height, number of
stories, and size of buildings and other structures;
the percentage of lot that may be occupied; the
size of yards, courts, and other open spaces; the
density of population; and the location and use of
buildings, structures, and land for trade, industry,
residence, or other purposes.”
WHAT DOES IT MEAN TO BE ZONED?
It means the City has adopted standards and
procedures for the development and use
of property within the City. Zoning indicates
the character of an area by applying use and
development standards to an individual property.
Essentially, zoning addresses public safety,
public welfare, and compatibility between uses.
Chapter 38 of the Bozeman Municipal Code is
the zoning code. The City applies standards
and procedures to individual properties through
the zoning map. The City will not modify those
standards and procedures without public notice
and participation. The City does not represent
or commit to anyone that the standards and
procedures will not change.
HOW IS ZONING APPLIED TO PROPERTY?
The zoning map shows the designation that
applies to each property. The zoning map
covers the entire area within City boundaries.
The zoning district map assigns a designation
to each property in the City. Once applied, the
standards and procedures for each district apply
to land designated within each district until the
City amends the map or text of Chapter 38. Since
1935, the City has adopted a change to the zoning
map or text over 500 times including replacing
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the entire code 19 times. The most recent overall
replacement took effect in March 2018.
WHO CAN CHANGE THE ZONING TEXT OR MAP?
Only the City Commission can approve an
amendment and only after notifying the public of
the possible change and giving people a chance
to participate in the change. As a legislative
action, amendments are made through a process
called a “map” or a “text” amendment. There is a
defined public process for amendments to occur.
See below for a summary of that process. The
process to initiate amendments is established in
38.260, BMC. The City has created a process for
anyone to suggest potential changes.
WHAT IS NEEDED TO JUSTIFY A CHANGE IN A
ZONING DISTRICT MAP OR TEXT?
A change to the zoning text or map is a legislative
action. The City Commission can initiate or
approve amendments when they believe they
are appropriate. In determining whether to begin
a City initiated amendment, the Commission can
consider broad legislative factors such as the
passage of time, changes in the needs of the
community, outside actions like court decisions
or new laws, whether the existing map or text is
reaching the intended outcome, and changes like
installation of new infrastructure. Some examples
include the following:
a. Changes to state or federal law that the
zoning must address or if it is in conflict
with the changes, zoning must address.
b. Court decisions changing the
interpretation of meaning of the law that
interacts with zoning.
c. Change in circumstances including the
current zoning does not comply with the
City’s adopted Community Plan (i.e. its
growth policy), policies within the Growth
Policy have changed, land is annexed, or
infrastructure is newly available.
d. An owner requests the change and the
request meets required standards.
Items a and b are most likely to generate changes
in the text; items c and d are more likely to
generate changes in the zoning map.
In considering zoning map amendments, the City’s
longstanding practice is to consider item d as an
adequate justification for consideration of a zoning
map change. In doing so, the applicant/property
owner must demonstrate the requested change
meets the required criteria and guidelines for an
amendment.
The City’s zoning establishes what responsibilities
exist, such as controlling stormwater, and requires
people to meet those responsibilities. Zoning
also addresses the balance of interests between
adjacent properties by defining districts where
similar uses can be compatible and providing for
transitions and buffers between zoning districts
where the City determines it is necessary to
control impacts and prevent the use of one
person’s property right from inappropriately
impacting another. When such protections are
in place it is appropriate for the property owner
to have an opportunity to ask for changes to
zoning. If an owner does not show that criteria
and guidelines are successfully met the City
Commission can choose not to approve the
change. This does not prevent the City from
initiating a change on its own.
To provide transparency in decision making,
accountability, and public participation the zoning
map or text amendment process requires public
notice and hearings. Before any action to approve
an amendment, the Commission must address
the criteria, which provide guidance in deciding
whether an amendment is acceptable.
WHEN DOES THE CITY INITIATE ZONING CHANGES
TO INCREASE DEVELOPMENT OPPORTUNITIES?
The City Commission may initiate an amendment
to the zoning map to enable additional
development in a specific area. In examining
whether to do so, the Commission may consider
many factors including but not limited to the
following:
• The existing zone district does not match the
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growth policy future land use map in Chapter
3.
• Forty percent or more of the existing uses
within an area are not principal uses within the
zone district presently in place.
• There is 40% or more available sewer capacity
and there is less than 10% vacant land within
the sewer drainage area.
• Proximity to parks that are larger than 1 acre.
• Vacant annexed areas which are 10 acres or
larger in size.
• Areas within ¼ mile of MSU (roughly 4 blocks)
and not in a National Register Historic District.
• Revising zoning boundaries to better follow
preferred dividing lines such as streets or
watercourses.
• Request of multiple landowners in the area.
• Available capacity in the water plant and water
reclamation facilities and permits.
REVIEW CRITERIA FOR ZONING
AMENDMENTS AND THEIR APPLICATION
This section includes the four criteria and five
guidelines for zoning amendments. These are
from state law. This section gives an overview of
how those criteria and guidelines apply during the
review of individual zoning map amendments.
Section 76-2-304 of state law establishes the
criteria, section (1), and guidelines, section (2),
for the creation and amendment of zoning. Due
to the range of subjects, the applicability of
any individual criterion may be of more or less
importance. The City Commission must evaluate
whether the applicable criteria are met, not
applicable, or if the benefits of the change offset
negative impacts. Below is the state statute that
provide the criteria and guidelines for zoning
decisions:
76-2-304. CRITERIA AND GUIDELINES FOR ZONING
REGULATIONS.
1. Zoning regulations must be:
a. Made in accordance with a growth
policy; and
b. Designed to:
i. Secure safety from fire and other
dangers;
ii. Promote public health, public safety,
and the general welfare; and
iii. Facilitate the adequate provision
of transportation, water, sewerage,
schools, parks, and other public
requirements
2. In the adoption of zoning regulations, the
municipal governing body shall consider:
a. Reasonable provision of adequate light
and air;
b. The effect on motorized and
nonmotorized transportation systems;
c. Promotion of compatible urban growth;
d. The character of the district and its
peculiar suitability for particular uses; and
e. Conserving the value of buildings and
encouraging the most appropriate use of
land throughout the jurisdictional area.
HOW THE CRITERIA AND GUIDELINES ARE APPLIED
76-2-304(1) criteria.
Under state law, (1) zoning regulations must be “(a)
made in accordance with a growth policy.”
This criterion gives the Commission latitude.
Zoning map amendments’ are to correlate to
the future land use map. Beyond that, policy
statements such as goals and objectives are
weighed. In a text amendment, policy statements
weigh heavily as the standards being created or
revised implement the growth policy’s aspirations
and intent. The City must balance many issues
in approving urban development. Therefore, it
is not unusual if there is some tension between
competing priorities, even if there is no explicit
contradiction of policy.
As shown in the state statute, zoning must also
“(b) be designed to”:
i. Secure safety from fire and other dangers;
ii. Promote public health, public safety, and
the general welfare; and
iii. Facilitate the adequate provision of
transportation, water, sewerage, schools,
parks, and other public requirements.
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For a map amendment, all three of the above
elements are addressed primarily by the City’s
long range facility Plans, the City’s capital
improvements program, and development
standards adopted by the City. The standards set
minimum sizing and flow requirements, require
dedication of parks, provision of right of way for
people and vehicles, keep development out of
floodplains, and other items to address public
safety, etc. It is often difficult to assess these
issues in detail on a specific site.
For example, at the time of annexation, the final
intensity of development is unknown and it may
be many years before development occurs and
the impacts are experienced. The availability of
other planning and development review tools
must be considered when deciding the degree
of assurance needed to apply an initial zoning at
annexation.
The City’s building codes reduce reliance on
zoning to address other elements of public safety.
For example, requirements for fire sprinklers for
larger buildings are addressed in the building
codes, but not in the zoning code. In addition,
the subdivision review process outline’s the
backbone for public infrastructure. This includes
most water, sewer, stormwater, and street facilities.
Development review under zoning procedures
gives a final check on infrastructure capacity when
there is a known intended intensity of use and
condition of facilities.
Considering what infrastructure is already present,
such as in infill situations, or whether placing one
zoning district next to another may reduce travel
distances and increase walkability, are also factors
that can play into this criterion. It is not only about
production of more, but also of best use of public
facilities. If a proposed change to the map is
contrary to the facility plans, or causes substantial
inadequacy over the long term, then denial of the
amendment may be warranted.
(2) In the adoption of zoning regulations, the
municipal governing body shall consider the
following:
(a) Reasonable provision of adequate light
and air;
Bozeman has established generally
applicable standards for setbacks, park
dedication, on-site open space, and
building design standards to address
this requirement. This is done during the
creation of the zoning text. Therefore,
when considering changes to the map,
this issue is addressed for all districts.
In addition, the building codes have
standards for ingress and egress,
ventilation, and related subjects that
further support delivery of adequate light
and air. Care is needed if the City revises
the standards themselves.
(b) The effect on motorized and
nonmotorized transportation systems;
This guideline looks at the anticipated
change that may occur due to the
amendment. It does not require there be
less of an impact than from the existing
condition, whether it be text or map that
is the focus. The City relies upon its long-
range transportation plan to evaluate
transportation needs over the long term
for motorized vehicles as well as bikes and
pedestrians. The park and trail plan also
considers options for extending the trail
network. Plans are periodically updated
to ensure they are applicable to current
conditions.
Review of development proposals such
as subdivisions or site development
look at the transportation, park and
trail, and facility plans, consider existing
conditions, and requires the additional
on and off-site improvements needed to
meet the additional demand expected
from new development. Development
creates or funds many of the City’s local
streets, intersection upgrades, and
trails. Therefore, although a text or map
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amendment may allow more intense
development than before, compliance
with the adopted Plans and standards
will provide adequate capacity to offset
that increase. The City’s development
standards require on-site parking
for bicycles and motor vehicles and
pedestrian circulation within each site.
Articles 38.4 and 38.5 of the UDC regulate
parking and circulation. If the Commission
considers a substantial change to the
standards it must examine the cumulative
impacts.
The capacity of a street to handle traffic
can be viewed differently by local
residents, traffic engineers, and Planners.
The long-range transportation plan
establishes the standards for what is “too
much” on each class of road. The impact
of additional development is not excessive
so long as the planned capacity of the
road is not exceeded. New development
contributes to the creation of additional
capacity through dedication of right of
way, construction or reconstruction of
streets, payment of impact fees, and other
contributions as may be applicable to
a specific project. These requirements
may mitigate the impacts of additional
development. Development that is more
intense requires greater transportation
capacity. Therefore, it is good, but not
required, to have more intensive districts
near arterial and collector roads.
(c) Promotion of compatible urban growth;
This guideline focuses on what happens
at the edge of the City, as well as what
occurs in the heart of the City. Section
38.700.040, BMC defines the factors
considered in determining compatibility.
This definition explicitly rejects uniformity
as being necessary for compatibility.
Compatibility is considered within and
between districts. The determination of
compatibility takes place at several levels,
including 1) what uses are allowed within
each district, 2) creation of standards
for new development to lessen impacts
to adjacent land/persons, 3) creation
of building and site design standards,
and 4) application of future land use
areas through the community plan and
development of the zoning map.
When the Commission considers a text
amendment, the majority of the focus
is on items 1 through 3, above. What
combination of uses under what conditions
can work well together? There is a wide
range of possible answers for each
community to consider. Some communities
take a highly prescriptive worst-case view
and try to restrain all possible points of
perceived conflict. This tends to create a
very homogenous community with little
interest or scope for creativity. Bozeman
takes a different approach. The worst-
case scenario is recognized as unlikely,
but possible. Development standards deal
with the majority of cases, while restraining
extraordinary problems. An example is
stormwater management where a certain
minimum level of control is required, but
there are many acceptable alternative
methods to address the issue.
When considering zoning map
amendments, the Commission first looks
at the future land use map created by
the growth policy. See discussion under
Criterion 1(a) above. The planning process
refers to high level various policies to
identify community priorities. In Bozeman’s
case, those policies consistently
emphasize quality of development, infill
in a manner that allows for additional
intensification over time, connecting land
development to other community priorities
like multi-modal transportation, cost
efficient user-pays provision of facilities,
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76 BOZEMANMT 2020 COMMUNiTY PLAN
and reasonable incremental development
at the City edge. These and other policies
influence the layout of the future land use
map.
The City creates standards under items 1
through 3; when one district is adjacent
to another and is consistent with the
growth policy, any physical conflicts will be
minimal, if present at all. The City’s zoning
policy encourages continued development
of mixed uses. This is seen in the older
areas of the City, which were built before
zoning. The City uses the broad scope
of its development standards to enable
differing uses to be successful near each
other. This shows on the zoning map
where districts providing a wide diversity
of uses are intermixed.
(d) The character of the district and its
peculiar suitability for particular uses;
and
The second element of this guideline
reflects the application of the statutory
criteria to a wide diversity of purposes
and communities. Some land has a unique
physical attribute that makes it more
appropriate for one use than another. That
attribute may be inherent in the land itself
or due to proximity to something else.
For example, the City’s land adjacent to
the East Gallatin River is well suited for
the Parks and Open Lands and the Public
Institutions districts because it supports
both recreational functions in Story Mill
Park and an essential water treatment role
at the Water Reclamation Facility.
The character of a district is seen from
two different viewpoints. First, when
considering an amendment to the text,
the integration of a proposed change
is evaluated with the other standards,
purposes, and criteria of site review. If the
new change conflicts with other text, then
the new change should be rejected, or
other revisions made, so that the overall
standards for a given district support one
another. Second, when considering an
amendment to the zoning map both the
actual and possible built environment
are evaluated. If the amendment is
accompanying an annexation request
there is often a substantial change in use
that will occur. In this case, the Commission
must look at what the growth policy
recommends for the area, as there is less
built context to provide guidance. A zoning
district change for land already within the
City requires greater consideration of the
current actual and possible environment.
Most of Bozeman has zoning that allows
more development than the current
owners utilize. This reflects many personal
preferences and economic decisions.
There is no specified distance in state
law or local code outside of the boundary
of a map amendment that describes
the “district” to be considered. The City
provides direct notice to landowners
out to 200 feet from the outer boundary
of the area to be given a new zoning
designation by the map amendment. This
is notice, not the distance that dictates
the extent of the analysis. Impacts from a
zoning change may be less or more than
200 feet depending on the nature of the
change and what already exists. State
law recognizes that persons owning land
within 150 feet have a unique interest in
the decision to rezone and gives them
the ability to protest the zoning. It is
notable that the protest does not stop a
rezoning, but requires a greater majority
of the Commission to approve. If there is
adequate reason for the change, it can go
forward.
Nothing in the zoning amendment or site
review criteria requires the Commission
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BOZEMANMT 2020 COMMUNiTY PLAN 77
restrict one owner because an adjacent
owner chooses to not use all zoning
potential. The City is not obligated
to enforce or recognize any privately
imposed restrictions, such as a covenant,
on land. Such restrictions are not subject
to the same public notice or participation
requirements as City actions.
Landowners have both rights and
obligations. To find that an amendment
application should be approved, the
application materials and review need
show the amendment meets the required
criteria for approval. This is a very site
specific evaluation and may consider but
is not obligated to give preference to what
adjacent owners have chosen to do with
their property. When evaluating compliance
with criteria, it is appropriate to consider
all the options allowed by the requested
district and not only what the present
applicant describes as their intensions.
The City Commission must consider
several items in its decision on a zone
map amendment. First, the Commission
must consider the nature of the dominant
uses allowed in a district compared with
adjacent properties. For example, are they
both residential or is one residential and
another non-residential. Bozeman has an
existing pattern of diverse zoning districts
in proximity to each other. Second, the
Commission should consider differences
in allowed intensity between the districts
such as differences in height, setbacks, or
lot coverage. The greater the difference
the more likely conflict is possible. An
incremental change between two similar
districts may, for example, have the same
setbacks and very similar maximum
heights. Next, the Commission must
decide whether a larger community benefit
exists such as locating a fire station where
it will serve the adjacent property but is
different from the surrounding zoning.
Finally, the Commission must ask what
separates one zone from another. The City
strives to locate zoning boundaries along
visible and natural dividing lines such as
streets, trail corridors, creeks, or parks.
At a minimum, zoning boundaries should
follow property boundaries. The greater
the physical separation, the less likely
there may be a conflict. For example, a
local street, typically 60 feet wide, when
combined with the standards for site
development, is generally considered
an adequate separation—even for
substantially different districts.
(e) Conserving the value of buildings and
encouraging the most appropriate use of
land throughout the jurisdictional area.
There are two elements to this guideline.
First, conserving the value of buildings
applies to changes that may lessen the
functional utility of a property. Changes
that increase opportunities on a property
are unlikely to fail this test. Some reduction
in value can happen with adequate
justification. Requiring a development to
mitigate impacts on its site that lowers
development potential is acceptable.
The need for that mitigation must be
demonstrated.
Assertions that allowing a more intensive
zoning may lessen values on adjacent
properties is best addressed under the
guideline regarding the character of the
district. The financial value of land changes
constantly based on many factors.
Properties considered undesirable at one
time may be sought after as circumstances
change or the reverse. Value may be
primarily in the eye of the beholder and
not supported by neutral and objective
evaluation. There is no defined decline
in financial value or utility that proves an
automatic failure of this guideline.
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78 BOZEMANMT 2020 COMMUNiTY PLAN
Encouraging the most appropriate use of
land connects back to criterion 1(a) and
the growth policy and guideline 2(d) and
peculiar suitability for particular uses. The
future land use map and policies of the
growth policy should merge to establish
priorities for land use that consider
whether a given location is genuinely
unique. There are circumstances where
combinations of uses, such as high density
housing close to employment, community
amenities, and transportation, reinforce
each other.
PUBLIC REVIEW AND HEARING PROCEDURES
An amendment to the zoning text or map can
be initiated by a property owner or by the City
Commission. Division 38.260, BMC has the
requirements for initiating an amendment. A
general outline of the public hearing process for
an application follows. As a legislative process,
the City Commission has discretion in making their
decision.
An important part of the amendment review
process is the opportunity to offer comments on
the proposal. Any interested person or group
may give comments. The public hearing process
formally provides this opportunity. Persons for,
against, or merely seeking information about the
proposal may submit comments to the appointed
or elected officials who must review the request.
The required public hearings on a zoning
amendment are by the Zoning Commission and
the City Commission. The Zoning Commission
gives a recommendation to the City Commission
regarding the proposed amendment’s compliance
with the review criteria. The typical format for a
public hearing on a zoning amendment follows:
1. The public hearing is advertised as required
by state law and Division 38.220 of the City
of Bozeman Municipal Code. Written public
comments may be submitted to the City
prior to the beginning of the public hearing.
2. The public hearing will be conducted at the
time and place advertised.
3. A report on the review by the Department
of Community Development, including
an analysis of compliance with the
growth policy, review criteria, and a
recommendation of approval or denial is
provided.
4. Presentation by applicant and applicant’s
representative(s). In the event the
amendment is initiated by the City, this is
usually the same as step 3 above.
5. Questions from the City Commission or
Zoning Commission to staff or applicant
6. The public hearing is opened with persons
able to speak for, against, or to seek
additional information from the applicant
or staff. A time limit may be established
for each speaker. Commenters may also
submit comments in writing. The public is
encouraged to provide in their comments
a factual basis related to specific review
criteria for their support or opposition to an
amendment.
7. When all persons have had opportunity to
speak, the public hearing will be closed and
the City Commission or Zoning Commission
will then return discussion of the project
to themselves. They will evaluate the
application materials, the staff report, public
written and spoken testimony, and the
amendment review criteria and procedures.
The City Commission or Zoning Commission
may inquire of staff, applicants, or the public
for clarification or additional information in
order to complete their evaluation.
8. A majority of a Zoning Commission quorum
is adequate to render a decision. The Zoning
Commission forwards a recommendation to
the City Commission.
9. After the City Commission has conducted
their public hearing, they make their decision
on the record established during the public
hearing. This includes the application
materials, staff report, Zoning Commission
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BOZEMANMT 2020 COMMUNiTY PLAN 79
recommendation, public comments, and all
other relevant material presented during the
review.
10. When the City Commission has rendered
their decision the process for a formal two-
step ordinance adoption as required in state
law is required before any amendment is
final.
An approval or denial of amendment may be
appealed to District Court after a final decision
has been rendered. Appeals are subject to the
requirements of state law.
18
City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Zoning Text and Zoning Map Amendments \\ 1
Updated 11/15
This brochure is provided as a guide to assist you in the preparation of your application for a Zoning Text
Amendment or Zoning Map Amendment, in addition to explanation of the application process.
WHAT IS ZONING?
Zoning is the delineation of districts and the establishment of regulations governing the use, placement, spacing and size
of land and buildings. Zoning is used to seek the maximum benefit of the community as a whole.
WHAT ARE ZONING TEXT AMENDMENTS AND
ZONING MAP AMENDMENTS?These amendments are procedures where you may request a
modification of City regulations.· A Zoning Text Amendment, also called a Unified
Development Ordinance (UDO) Text Amendment, requests a change in the regulations governing the
division, use, placement, spacing or size of land and buildings. Changes apply everywhere subject to the
revised regulation.
· A Zoning Map Amendment requests a change in the boundary of a zoning district.
WHEN IS A UDO TEXT AMENDMENT OR ZONING MAP
AMENDMENT REQUIRED?· A UDO Text Amendment is required when information is
modified, added or deleted from the text of the Unified Development Ordinance.
· A Zoning Map Amendment is required whenever a parcel
of land is annexed to the City and an urban zoning designation must be assigned, or when a parcel of land
is changed from one growth policy land use designation to another, for example from residential to commercial.
WHAT INFORMATION IS REQUIRED?
Application Form Visit the City of Bozeman Department of Community
Development (DCD) to determine if your proposal would require a UDO Text Amendment and/or Zoning Map
Amendment. A staff member will review your proposal and answer any of your questions.
If a UDO Text or Zoning Map Amendment is necessary, you
will need to prepare all the required application materials and submit your application and fees.
WHAT IS THE APPLICATION PROCESS?
Staff Review
When your application is submitted to the DCD it will be assigned to a staff planner. The staff planner will review your
application for compliance with the Zoning Text Amendment and Zoning Map Amendment criteria. Your application will
also be routed to the Development Review Committee (DRC) and any other necessary agencies or boards for their review.
Public Meetings and Public Hearings
Public meetings and public hearings are an important part of the process. Public meetings provide the public with an
opportunity to listen to discussions regarding the proposal. Public hearings give citizens a chance to comment verbally or
in writing on proposed amendments. · For Zoning Map Amendment requests, a notice of public
hearing will be sent to property owners within 200 feet of your site and will be posted at the subject site.
· For UDO Text Amendments and Zoning Map
Amendments, notice of public meetings will be published in the newspaper. The notice will inform the public of the
date, time and place of the meetings before the DRC, along with the date, time and place of public hearings
before the Bozeman Zoning Commission, Planning Board (if necessary) and the City Commission.
Zoning Commission and Planning Board
Once the DRC has reviewed your proposed Zoning Text Amendment or Zoning Map Amendment, the project planner
will prepare a staff report which incorporates the comments of each of the agencies involved in the review process. This
report is then presented to the Bozeman Zoning Commission who is responsible for recommending approval or denial of
the proposed amendment after considering the information in the staff report and any testimony given at the public
hearing. This recommendation is then forwarded to the City Commission.
If a UDO Text Amendment involves provisions related to the
subdivision of land, the proposal must be reviewed by the Planning Board in addition to, or perhaps instead of, the
Zoning Commission.
City Commission The City Commission is the final decision making authority
for UDO Text Amendments and Zoning Map Amendments. The Commission will consider the information presented in
the Zoning Commission/Planning Board staff report and any
Zoning Text and Zoning Map Amendments
19
City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Zoning Text and Zoning Map Amendments \\ 2
Updated 11/15
testimony provided at the public hearing(s). The Commission will then act upon your application or continue the item to
their next meeting in order to reach a final decision.
The UDO Text Amendment or Zoning Map Amendment process usually takes eight to twelve weeks from the time an
application is filed until a preliminary decision is reached by the Commission.
Project Approval
If the City Commission approves your UDO Text Amendment or Zoning Map Amendment, an adopting ordinance must
be prepared and approved by the City Commission. Your approval becomes effective 30 days after the Commission’s
second reading of the ordinance.
WHAT ARE THE REVIEW CRITERIA?Both UDO Text Amendments and Zoning Map Amendments
are evaluated against the following review criteria:· Is the new zoning designed in accordance with the
growth policy? How?
· Will the new zoning secure safety from fire and other
dangers? How?
· Will the new zoning promote public health, public safety and general welfare? How?
· Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements? How?
· Will the new zoning provide reasonable provision of adequate light and air? How?
· Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
· Does the new zoning promote compatible urban growth?
How?
· Does the new zoning promote the character of the
district? How?
· Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
· Was the new zoning adopted with a view to conserving the values of buildings? How?
· Does the new zoning encourage the most appropriate
use of land throughout the jurisdictional area?
If a UDO Text Amendment involves provisions related to the subdivision of land, the following criteria must also be
evaluated:· Is the new zoning designed in accordance with the
growth policy? How?
· Will the new zoning secure safety from fire and other dangers? How?
· Will the new zoning promote public health, public safety and general welfare? How?
UDO Zoning Text and Zoning Map Amendments Application Process
Timelines are approximate and subject to scheduling constraints.
Application Deemed INCOMPLETE
Application Returned to the Applicant
Application Deemed COMPLETE OR
STEP 1Application Submitted to City of Bozeman Department of Community Development
STEP 2 - STAFF REVIEW
· Staff will review the application for compliance to the outlined criteria.
· Application is routed to DRC and any other agencies or boards for their review.
STEP 3· Public Notices
STEP 4 - ZONING COMMISSION AND PLANNING BOARD
· Public Meetings and Public Hearings
· Staff report incorporates the comments of each agency and/or board involved in the review process.
· Bozeman Zoning Commission reviews and will recommend approval or denial.
STEP 5 - CITY COMMISSION
· The City Commission considers all information and approves or denies.
· One or more meetings may be required.
STEP 6 - PROJECT APPROVAL
· If approved, an adopting ordinance must be prepared and approved by the City Commission.
· Approval becomes effective 30 days after the City Commissions second reading of the ordinance.
20
City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Zoning Text and Zoning Map Amendments \\ 3
Updated 11/15
· Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks, and other
public requirements? How?
· Will the new zoning provide reasonable provision of
adequate light and air? How?
· Will the amendment provide for the orderly development of the jurisdictional area? How?
· Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing
and planned? How?
WHAT IS A PROTEST PROVISION FOR ZONING MAP
AND TEXT AMENDMENTS?In the case of a protest against a proposed Zoning Map
Amendment, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change,
or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except
upon a favorable vote of two-thirds of the present and voting members of the City Commission.
QUESTIONS? NEED MORE INFORMATION? CONTACT:
City of Bozeman Department of Community Development20 East Olive Street - P.O. Box 1230
Bozeman, MT 59771-1230Phone: 406-582-2260 / TDD: 406-582-2301
Fax: 406-582-2263www.bozeman.net/planning
21
Focus today is on reviewing individual amendments to the zoning map, not overall
review of zoning theory and practices.
Zoning is dynamic as community and needs are constantly changing. Memo has
information summary on frequency. Amendments approximately 7 times a year since
zoning was adopted.
Packet materials also include additional information for reference.
Quiz in Memo – issues of people living and working close together are consistent and
longstanding.
1
Purposes of zoning are very broad and can address many different local needs.
Focus is on the physical construction and use of land.
1920s Federal Department of Commerce model language used as basis for state
enabling legislation, still fundamentally the same.
2
Criteria for zoning adoption and amendment are identified in state law, explains
further the generalized purposes in enabling legislation. Applies to both text and map
amendments
Historical origins – How the other half lives, 1890, Ex criteria E. Wording in statute
updated a few years back but still similar to original language.
A‐D are compulsory to achieve; E‐K need to be considered.
Growth policy provides expansion of meaning of criteria, included attachment of BCP
2020 pages with packet.
3
Community Development Board acts in capacity as Zoning Commission for this
responsibility. Role is to provide input, gather information from public, make
recommendation to City Commission. Law assigns same role to Zoning Commission
for amendments as for initial creation of zoning. Report mentioned in the statute is
now the video recording. Staff summarizes and provides link to the recording with the
Staff Report to City Commission.
4
Level of detail in information provided goes up during process. Begins very general.
Some steps may overlap. Depending on whether property has already been
subdivided some steps may be omitted before future construction. Items in orange
may or may not occur with an individual application.
About half of ZMAs come in as part of annexation process. CDB no role in annexation
review but reports often include both for ease of public understanding
5
38.260.100 BMC – Says who can start the process
Why do an amendment – what is needed to justify a change? Growth Policy gives
answer: owner desire or Commission direction plus consistency with criteria, p 72.
6
Purpose of application materials in 38.220 BMC is:
1. Show compliance with adopted standards and criteria
2. Provide factual basis for analysis prior to governing body decision
3. Transparency to public in decision making process
Compared to most other applications, detail with ZMA is light. Compare with
subdivision – construction is difference.
Adoption of an amendment to the map does not authorize any construction. Follow
up review will always happen before construction.
7
Zoning map amendments are simple maps and focus on location of new boundaries.
Boundary interpretation guidelines are in 38.300.050.
Follow property boundaries or right of way most frequently but can have multiple
districts on a single parcel of land.
8
Excerpt from Zoning Amendment Information sheet in packet with these slides.
No time frame for beginning or completing review in law. Actual time frame typically
5‐6 months depending on applicant responsiveness and agenda availability. Time
frame variable with hearing schedules.
Both Zoning Commission and City Commission are formal hearings as required in
state law, must be action items on the agenda.
9
Criteria for zoning adoption are identified in state law, explains further the
generalized purposes in enabling legislation.
A‐D are compulsory to achieve with a favorable finding.
E‐K must be considered but not necessarily met favorably.
GP provides expansion of meaning of criteria, included attachment with packet.
10
First level of review for “in accordance with a growth policy” is the future land use
map. The map places future land use designations throughout the community. Each
designation is described in Chapter 3 of the growth policy.
11
Each future land use designation is assigned certain zoning districts which implement
it. As shown, there are a range of districts with varying details and standards.
12
Each designation also has a short description.
13
Density, variety, and mixed use are themes that routinely appear. No single type of
housing or use more valuable than another.
Multiple possible districts which could possibly implement the future land use
designation. We review the application before us not all possible alternatives.
14
Pages 71‐79 from the growth policy expand on the state established review criteria.
These pages are the adopted statement of policy for applying criteria. It is important
for the Community Development Board to be familiar with the expectations and
terms of these pages.
15
For each criteria there is additional explanatory text in the GP for how the criteria is
applied.
Example for Criterion D. A ZMA does not itself authorize construction of any of the
listed items so how can the City find favorably?
The City prepares detailed facility plans looking at current conditions, future needs,
and required improvements to meet those needs. The City then integrates that
information with the municipal code and design standards. As individual applications
move into construction they must show conformance with standards. We review the
criteria against the code as a whole not just the narrow ZMA procedural
requirements.
Code as a whole when reviewing criteria
16
Excerpt from the current transportation master plan. This map looks at where major
streets are expected in the next decades. No expectation for immediate construction
but will be coordinated with need. Identifying locations early helps direct acquisition
of right of way and coordination with individual developments. Many other elements
of the transportation system have similar information included in the plan.
Plans are updated usually on a 5‐8 year cycle depending on the rate of change for
that subject. Transportation was most recently updated in 2017.
17
When we review the criteria it is important to remember the limits of what a map
amendment does.
As shown earlier, a ZMA occurs very early in development process so lots of
information not yet available as project are not yet designed.
Blue text shows what the ZMA approval does do. Green shows what ZMA approval
does not do.
18
Continued examples of applying criteria.
Example E a historic construction standard from slums to address carbon monoxide
and other standards related to heat and air flow, now this is mostly addressed with
building code for individual buildings but also interacts with the adopted park and
setback requirements.
As other tools address issues City has relaxed zoning restrictions and standards to not
duplicate requirements.
Neutral findings for inapplicability of a criteria can be made. A particular change may
not affect one or more of criteria E‐K.
G common focus of comments – what does it mean?
19
Criterion G is a common focus of comments – what does it mean. Applies to
development both on the edges and infill.
In order to achieve the first sentence the City has adopted standards addressing the
elements identified. Compliance with standards provides compatibility. These
generally appear in Articles 3‐5 of Chapter 38. Note that personal preference is not a
component of the definition.
Housing is housing as a use, shape less essential. Mixed uses a long standing
community priority and experience. Koch St and S Grand Ave example where an
apartment building has been sharing a corner with three detached homes without
incident for many years.
20
The current zoning map shows a diverse mix of districts, and there are diverse uses
within districts. It is ok for districts to be different but adjacent. Growth policy
discusses considerations for separation and transitions between dissimilar districts.
Few districts use all the allowed diversity but that doesn’t take away the options or
limit others from using the full capacity of the district.
21
Hard Urban edge – Deliberate policy choice to avoid impediments to growth and false
expectations. Low density development adjacent to the City makes it much harder to
extend utilities and otherwise have orderly expansion of the City. Having a
substantially higher density district next to undeveloped property is not considered a
problem.
Differences between urban districts usually less dramatic than in rural. For example.
County AS district requires 20 acres per home which County RS requires 1 acre per
home, a 20x density difference. RS is often considered low density and several such
areas are adjacent to the City. The difference between municipal R‐1 (the lowest
residential district for new development) with a required density of 5 homes per acre
and R‐4 with an upper limit of 32 homes per acre is only a 6x difference.
22
Criterion H is a common focus of public comments – what does it mean. Application
is variable whether amendment is text or map
No fixed distance looking at adjacent existing and planned uses for map changes
1) Primary uses, 2) intensity difference, 3) separation between districts, 4) public
benefits
Boundary – follow streets, property boundaries usually per code.
Street width is identified as usually enough to avoid conflicts.
Consider districts and what is allowed in existing and proposed, not the built
environment when comparing proposed amendments.
Covenants not a factor in applying zoning. Covenants are private contracts which
don’t bind the City unless we are a party to the covenants.
23
Public comment – loaded to Laserfiche for public review as they come in, applicable
comments need to focus on the zoning criteria and facts which support the
conclusion of the commenter. Zone Map Amendments are not a vote of the
neighbors or other members of the public. Can discuss received public comments but
don’t have to debate or rebut each one individually.
Protest info – Does not change ZC action or review criteria, presented here for
information as it will be mentioned during application reviews.
Protests can be received through close of public comment before CC
24
Protest example
1221 Durston Road, 9.8 acres, approximately 5.1 acres is presently undeveloped.
Subject property shown in black hatch area.
25
Notice provided to all landowners within or touching the yellow line (200 feet). This is
a Bozeman established standard. The State only requires publication in the
newspaper.
State created protest possibility ends at the red line (150 feet from the outer
boundary of the amendment area)
Protest by owners of 25% or more of:
(a) the area of the lots included in any proposed change (in our example the black
hatch area); or
(b) those lots or units, as defined in 70‐23‐102, 150 feet from a lot included in a
proposed change (shown in pale green).
Requirements for qualifying protests are included with all public notices for Zone Map
Amendments.
A successful protest requires a 2/3 majority approval from City Commission. Protest
does not stop review.
26
Findings are very important. See the attached memo for more information.
Can draw from staff findings in staff report or if member disagrees can make own
findings. Opportunity but not required for each member to speak to findings. If
making findings different from those in the staff report please state them for the
record of the review.
Motion and 2nd required before a vote. Votes are by role call of each member.
27
This is the notice required by the State and what Bozeman has chosen to add to that
requirement to support public participation and awareness of amendments.
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