Livingston commission approves first reading of wide-ranging zoning rewrite; riparian setbacks deferred

The Livingston City Commission approved the first reading of Ordinance 3064, a comprehensive rewrite of the city's zoning text, after a multi-hour presentation and public comment period.

The ordinance replaces the entire text of chapter 30 and is intended to bring the city's zoning code into alignment with the 2021 growth policy and changes enacted by the Montana Legislature, Planning Director Jen Severson said. "This item is before you as a result of the growth policy and the feedback that the city received," Severson told the commission. The rewrite follows extensive public engagement, including open houses, focus groups and more than 1,500 survey comments from more than 227 individuals, she said.

Why it matters: The rewrite addresses multiple, high-profile topics that affect housing capacity, downtown character and environmental protections. Staff and consultants recommended several substantive adjustments to reflect state law while also seeking ways to protect local priorities — for example, by proposing a new light-mixed-use (LMU) district as a transition between the downtown core and adjacent neighborhoods.

Key provisions and staff recommendations

- Riparian setbacks: After receiving petitions and technical comments, staff recommended removing riparian setback provisions from chapter 30 and postponing local riparian-buffer rules until the city can complete a focused environmental study of local stream reaches (the Yellowstone River, Fleshman Creek and Gilman Creek). "We are recommending that we remove the riparian setback requirements completely from chapter 30 to be addressed in the future," Severson said. Staff told the commission this avoids imposing blanket setbacks without reach-specific data.

- Building heights: State law limits local powers to cap heights below 60 feet in certain commercial and industrial districts. Staff proposed a graduated approach: central commercial/industrial areas where state law constrains limits would be allowed up to 60 feet, while areas rezoned to LMU near the downtown would carry lower caps (36 feet, with a PUD incentive to 40 feet).

- Parking and state changes: The draft reduces some local parking requirements to meet state law. For example, accessory dwelling units (ADUs) and units under 1,200 square feet may be subject to lower or fractional parking minima. Severson told the commission the state removed the city's authority to require off-street parking for some ADUs and other small units.

- Uses and supportive/transitional housing: Staff recommended removing a separate "supportive/transitional housing" use from the table and instead treating such developments as residential uses that are reviewed under existing site-plan and multifamily review processes.

- Agricultural/open-pastoral district: The consolidated land use board requested that staff draft an agricultural-style district for large, privately held parcels east of the river. Director Severson presented an initial outline (five-acre minimum, 30-foot agricultural building heights, setbacks and residential uses limited to those that support agriculture) and the commission asked staff to return with a more detailed proposal and options, including larger minimum lot sizes.

Public comment and concerns

The commission heard more than a dozen public commenters on the draft. Supporters, including a representative of Prince of Park County, praised replacing auto-oriented highway commercial zoning with mixed-use zoning and urged an agricultural district to keep large parcels from being overbuilt. Conservation groups and residents asked for stronger riparian protections; others opposed broad setbacks as a potential taking of private property.

Catherine Daley of the Park County Housing Coalition told the commission that some proposed rezoning of downtown blocks could reduce the city's ability to accommodate future housing growth and urged pairing zoning changes with incentives for affordable housing.

Formal action

Motion: Approve the first reading of Ordinance 3064 (a text amendment replacing chapter 30) and direct staff to return with: (a) a separate resolution and map amendments for later consideration; and (b) a detailed proposal for an agricultural/open-pastoral district.

Mover: Vice Chair Newts Second: Commissioner Kale Vote (roll call): Quentin Schwartz: yes; Vice Chair Newts: yes; Commissioner Kale: yes; Commissioner Lyons: yes. Outcome: Approved (first reading).

What comes next

Severson told the commission the map amendments will be brought back as a separate resolution (the state requires map amendments be done by resolution and take immediate effect). The commission directed staff to prepare an agricultural/open-pastoral district framework and to pursue targeted environmental work on riparian/floodplain questions; staff noted the city may seek grants to fund such studies.

By the numbers

- Public engagement: more than 1,500 survey comments from 227 individuals (staff estimate) - Drafting team: city planning staff with SCJ Alliance consultant support - Commission action: Ordinance 3064 approved on first reading (roll-call vote)

Context and caveats

Severson told the commission that the text-only ordinance is the first of two steps; map changes will follow as a separate resolution. Several commissioners cautioned that the city's aging downtown infrastructure (water and sewer mains in some blocks date from the 1920s) constrains rapid increases in development density in parts of the central core without substantial utility upgrades.

Ending note

Commissioners praised staff and the land use board for a yearlong engagement effort and asked staff to provide additional materials and mapping before the second reading and the separate map resolution. "This is a pretty big endeavor, which is why we've been doing it for the past year," Planning Director Jen Severson said during the presentation.