FAQs

The UDC, or Unified Development Code, sets forth regulations around what kinds of development can occur in which areas through development standards, zoning districts, and subdivision rules. 

The ongoing project to update the UDC is an effort to implement the vision and goals established in Bozeman's guiding documents, such as the 2020 Community Plan, the Climate Action Plan, and strategic priorities like affordable housing. We are working to amend the development rules and regulations so that the built environment in Bozeman better reflects our Commission-adopted goals and desired outcomes. The UDC is also strongly shaped by the requirements and authority granted by the state of Montana to the City.

The UDC doesn't control everything. Key aspects of UDC-based regulations include zoning (which regulates things like building height, shape and size, transitions, parking requirements, and land uses), processes such as the subdivision of land, elements of the building permitting process, and certain aspects of the public realm, like new sidewalks. 

The UDC does not set City policy, nor does it control tax revenues or City expenditures. The UDC also does not regulate things in the Building Code (like fire safety standards and insulation requirements), transportation planning, or items governed by state and federal law (such as protected wetlands or certain utility standards). The UDC cannot force a person to sell or redevelop their property, and it cannot simply require a developer to build affordable housing (per Montana Code Annotated Sec. 76-2-302).

The Unified Development Code only applies within the limits of Bozeman and has no authority outside of the city limits. Bozeman occupies a smaller space than many expect. This map shows the City limits shaded in blue. Areas outside of Bozeman are regulated by Gallatin County or other municipalities. 

Yes. The current update project is targeted on specific focus areas and compliance with recently passed laws. The City regularly updates the UDC as laws change, policies are revised, and plans are adopted. Over the 89 years the city has used zoning it has amended the zoning regulations and map over 650 times.

The Bozeman Community Plan 2020 was adopted by the City Commission and serves as the fundamental policy document guiding further growth and community development in Bozeman. It was adopted after a thorough public engagement process and meets the requirements of Section 76-1-601 of the Montana Code Annotated. The City has had seven community plans dating back to 1958.

Zoning includes the regulations which govern the built form and the private use of land in Bozeman. These regulations utilize zoning districts which are drawn onto a zoning map. Each district has its own allocated physical and land use-related rules. Zoning authority has historically been granted to cities and incorporated towns by the Montana Code Annotated, Sec. 76-2-301. The 2023 state Legislature changed the authorization for municipal zoning with a new law, the Montana Land Use Planning Act, Montana Code Annotated Title 76 Chapter 25 Part 3. 

Yes. The Landmark program, an update to the City's historic preservation program is underway. Initial public engagement completed this fall and evaluation of that information is ongoing. A 2nd phase to consider potential changes to the program will occur in 2025. The City is undertaking a review and update for incentives for creation of affordable housing. Action on this update is expected in January 2025.

The City recently completed revisions to water conservation regulations which were adopted in spring 2024. The City also recently accepted the Sensitive Lands Protection Plan for the broader Gallatin Valley with various public and private partners (at the 12/19/2023 City Commission meeting), and adopted the Parks, Recreation, and Active Transportation master plan update at the 9/12/2023 City Commission meeting.  A wastewater collection plan update goes to the City Commission for review in December 2024. An update to the stormwater facilities plan is underway and is expected to finish in early 2025. 

There is no change in how the standards of the NCOD or historic districts are applied to an application.  These standards are renumbered from 38.340 in today's code to 38.240 in this draft.  

Starting in fall 2023 the City began a project to evaluate and revise the historic preservation program and policies. This includes rewriting Division 38.240, revising the Neighborhood Conservation Overlay District, and creating a local landmark program.  Those edits are separate from the overall UDC update and may be adopted before or after the larger update. After adoption they will be integrated into the overall text of Chapter 38.

The building standards for each zoning district establish the minimum and maximum story height for both residential and commercial use.  For example, Sec. 38.220.020.B (page 2-23), B-1 Lot Standards shows a maximum story height of 4 stories. Subsection 4, Floor Height, lists the story height for residential and commercial activity. Adding these up shows that a 100% residential building maximum height would be 63’. Taller buildings may also be subject to height transition standards in 38.260.070.

Table 38.260.070-1 on page 2-97 lists all the required transitions. Transitions apply to side and rear lot lines, but are not required when the adjacent property has the same zoning as the lot to be developed. Transitions are also not required when there is a street between two different zoning districts. If an alley separates two zones requiring a transition, the transition will be reduced.  

Note: This part of the code was an area of significant interest in public comment received to date. Changes related to this part of the draft code may result from upcoming engagement efforts. Edits are not included in the draft released on Oct 29, 2024.

Yes. Generally definitions and rules of interpretation will help explain terms used in the document. Wall plate is described in sec. 38.260.100.B on page 2-108. Story height is detailed in multiple locations including in each zoning district’s building standards and in sec. 38.260.130.A and B. 
 

If we understand the question correctly, relief would not be necessary. However, to accurately answer this question we may need more specifics. We believe this situation is when there is an easement greater than 20’ wide between the primary and/or secondary street that would push the building beyond the maximum setback line allowed by subsection 5 – Setbacks. The frontage would still apply and would not allow parking or drive aisle to be placed between the street and the building. 

Yes. The City and County actively coordinate development between the jurisdictions and provide comments on proposed development. 

The City is completed updates to the Short-Term Rental (STR) regulations through a separate initiative in 2024, as requested by City Commission. City staff and Commissioners will consider and harmonize the outcome of the two projects (STRs and UDC) where they overlap. At this point substantive changes are not expected. As always, public comments on any topic may be sent to comments@bozeman.net. 

Please drop your questions in the "Questions?" board. Scroll down and click the "Questions?" tab next to the "Project Updates" tab on the left side of this page. 

Changes to regulations related to short-term rentals and water conservation were adopted by the City Commission in t2023 and 024, and are incorporated into the draft code. Other code changes in process include updates to affordable housing incentives and processes, landmark (historic preservation) and wetlands protection rules. Completion dates vary please seen Engage Bozeman for the applicable project webpage.

Supplemental public engagement began in the fall of 2024. A second phase will occur in early 2025. After this outreach takes place, staff and consultants will work on revising the current draft code, and will present an updated draft to the public, City boards, and the City Commission for review. After the updated draft is released, public hearings are anticipated to resume in the summer of 2025, with final hearings and a vote on adoption in early winter 2025.

We have received lots of valuable feedback so far from the community to develop the draft code. Much of the feedback, comments and concerns have been focused on a few specific elements of the code, as opposed to the entire draft document. We will continue to work with this draft and want to hear additional feedback on it from those who may not have had a chance to engage. After conducting another round of engagement in late 2024 and early 2025, we will use all of this feedback in revising the current draft, and hope to present an updated draft ahead of the new hearing process later in 2025.

Montana state law prohibits municipal governments from requiring affordable housing (aka “inclusionary zoning” requirements). However, voluntary programs to incentivize affordable housing development through bonuses are allowed, and both the current code and draft new UDC include affordable housing incentives which developers can choose to use. These incentives work alongside other city, state and federal tools, including tax credits and other sources of funding to enable the creation of affordable housing. The city is reviewing the current incentives and amendments may go forward in early 2025. This work is a separate project from the overall UDC update.

The new code proposes to treat fraternities and sororities just like any other group living situation, including allowing them wherever group living is allowed in proposed new zones.  A recent district court ruling said that the City did not provide adequate notice to the public of similar changes when it updated the UDC in 2018.  The City appealed that ruling to the Montana Supreme Court which overturned the District Court decision.  Through the adoption of this new code, the City will provide ample public notice of the change.  The City encourages your feedback on this proposed edit.

No, Section 38.300.020 shows that single dwellings are principal uses in all residential districts. Single homes are an important part of the mix of housing types needed to address the wide range of housing needs in a community.

A wide range of housing types are being constructed including single homes, “missing middle” homes, and apartments. See the following data from the Bozeman 2023 Economic and Market Update, Oct 2023 prepared for the Economic Development Department by Economic & Planning Systems Inc. All of these types of homes may be constructed under the draft regulations as well.

*2023 figures include first half of the year only.