The Bozeman Brief
City Commission

Commission retains 90-foot B-3 height limit on 3-2 vote, directs staff to strengthen zone edge transition standards

City Commission — August 25, 2026

The City Commission voted to keep the 90-foot maximum height adopted for the B-3 downtown district last December, rejecting calls to reduce it to 60 or 70 feet. The commission directed staff to develop setback and landscaping standards to soften transitions between high-density and residential zones.

| Updated September 3, 2026

The Bozeman City Commission voted 3-2 to retain the 90-foot maximum height limit in the B-3 downtown district, concluding a two-hour work session that revisited the height decision made just eight months ago. Rather than revisit the height cap itself, the commission directed staff to develop additional design standards to manage transitions between downtown's high-intensity zones and adjacent residential neighborhoods.

The meeting opened with approval of April 21st meeting minutes 5-0, consent items G1 through G8 5-0, and consent item H1 3-2, with Commissioners Jennifer Madgic and Alison Sweeney voting no on the latter. Mayor Joey Morrison read a proclamation designating August 2026 as Streamline Bus Appreciation Month, honoring the transit service's twentieth year.

On the B-3 height question, Commissioner Sweeney, Commissioner Madgic, and Mayor Morrison emerged with different views. Sweeney said she would vote to keep B-3 at 60 feet, or could accept 70. Madgic said she could support 90 feet in portions of B-3 but not across the whole district, particularly where it abuts residential RA zones. Morrison supported the existing 90-foot limit. Commissioners Emma Bode and Deputy Mayor Douglas Fischer also backed 90 feet. No formal height vote took place; work sessions produce direction rather than binding motions.

Height Discussion and Comparison Cities

Staff presented shadow modeling and comparisons to other Montana cities. Billings' central business district has no maximum height, Missoula allows 100 and 125 feet in downtown districts, and Great Falls permits up to 100 feet in its central business core. Bozeman's 90-foot limit, if retained, would be the lowest among those comparable cities.

Five advisory boards had weighed in on height. The Community Development Board and the Downtown Urban Renewal District Board both recommended keeping 90 feet. The Historic Preservation Advisory Board recommended 70 feet, with members saying the higher limit was detrimental to neighborhood character. The Downtown Business Improvement District Board and the Inter-Neighborhood Council did not pass motions, though they offered comments.

Public comment divided along familiar lines. Nathan Stein, executive director of Headwaters Community Housing Trust, urged the commission to leave the code unchanged, saying new housing at higher price points reduces competition for existing homes and that the city would benefit from "some restraint." Marlee McKenna, a Downtown Urban Renewal District board member, noted that at 90 feet Bozeman would still have the lowest downtown height limit among the state's larger cities.

Opponents, including Mark Campanelli and Daniel Carty, cited shading, neighborhood character, and the precedent of Jackson, Wyoming. City Attorney Greg Sullivan clarified that the commission could not tie additional height to affordability requirements, as that would violate 2021 state legislation repealing the city's inclusionary zoning authority.

Zone Edge Transitions and Community Standards

The second half of the work session focused on zone edge transitions — architectural standards that apply where a more intense zoning district abuts a less intense one. Staff noted that no building has yet been constructed under the transition standards adopted in December, making evaluation of their effectiveness difficult.

One threshold drew repeated community objection: the 60-foot right-of-way standard. If a right-of-way is 60 feet or wider, no transition is currently required. Architect Rob Pertzborn said the rule is "no loophole" but asked staff to make the section "fair and logical," citing problems for narrow lots. Karen Filipovich, who compiled a resident survey from walking tours, asked for review of transitions between different residential zones and between manufacturing and residential uses.

The Historic Preservation Advisory Board recommended deleting transition type 1A, keeping 1B with a 12-foot step-back measured from the setback line, and requiring landscaping in alleyways adjacent to RA or RB zones. The Community Development Board recommended a limited exemption: if a property in a higher-intensity district builds within the envelope allowed on the adjacent lower-intensity lot, no transition would be required.

Commissioners split on how much to revise. Deputy Mayor Fischer said he was reluctant to redesign the system before seeing it operate and rejected the 60-foot threshold as a loophole. Commissioner Sweeney pressed for direction, saying "It is literally our job" to set zoning policy and that the community had repeatedly flagged the 60-foot standard as insufficient. Mayor Morrison argued that zoning map changes, not transitions alone, would address underlying concerns about adjacency between B-3 and RA zones.

Staff Directions and Workload Considerations

Director Erin George summarized the commission's consensus direction: staff will examine the Community Development Board's exemption concept for narrow lots developing to the adjacent district's potential; return with a menu of setback and step-back options within B-3 for buildings above 60 feet; add a transition between RA and RC zones; and require landscaping for all zone edge transitions, with relief criteria for utility conflicts.

Commissioners also asked staff to study privacy screening — parapets, planter boxes, or window placement — at transition edges and to verify whether the affordable housing ordinance's height bonus already triggers transition requirements.

Commissioner Madgic proposed directing staff to analyze potential zone map changes around B-3, with some areas upzoned and others downzoned. Saunders said such a study would require significant work and affect other projects. Mayor Morrison tabled that discussion pending a workload assessment.

City Manager Chuck Winn closed the session with a note on capacity. He said the direction would require discussion with staff about what other work might be delayed, and committed to updating the commission on the impact to the community development department.

The work session touched on secondary issues as well. Deputy Mayor Fischer raised the bear garbage problem in neighborhoods east of Eleventh Avenue and asked for a solution before next fall. Commissioner Bode asked staff to confirm whether bear-proof compost bins cost the same as standard bins under the new fee structure. City Manager Winn noted that city-only requirements would not help if the county does not follow suit.

Commissioner Sweeney requested an update on the historic preservation officer vacancy. Director George said the city had made an offer to one candidate, who declined after deciding not to relocate. The position was readvertised with a deadline at month's end.

zoningdowntown developmentB-3 heightzone transitionsUDC update
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