Livingston board continues zoning code update after heated debate over downtown heights, short-term rentals and riparian setbacks

The Livingston Consolidated Land Use Board spent the bulk of its Oct. 8 meeting on a continuation of a comprehensive zoning code update, taking public testimony and debating text changes for height limits, parking, short-term rentals and riparian setbacks while noting map amendments will be considered by the City Commission.

Jennifer (planning staff) opened the staff report by reminding the board that, because of recent state law changes, the board is being asked to act only on text amendments and can only advise on map amendments. She told members the proposed code would limit the central business district (CBD) to a 60-foot height cap — the lowest the city can lawfully adopt under current state constraints — and would introduce a new Light Mixed Use (LMU) district capped at 36 feet in most locations (staff presentation).

The staff presentation also summarized changes to parking rules that follow the Legislature’s recent adjustments. Under the new text staff described, accessory dwelling units and several other classes of reuse can no longer be subjected to older off-street parking minima; instead, the draft applies a half-space or single-space standard depending on unit size and use. Jennifer said the code will be cleaned up for formatting before it goes forward and that tonight’s decision would be on the text only.

Public commenters — ranging from downtown business owners to regional planning groups and environmental advocates — urged different outcomes. Randy Kerper, representing Friends of Park County, praised the new LMU and the 60-foot CBD cap as a compromise that preserves downtown scale while enabling more pedestrian-oriented infill. By contrast, several downtown property owners argued the CBD had been shrunk too far and that reducing entitlements inside the URA would limit the district’s ability to leverage redevelopment funding.

Several board members and staff discussed a recommended change to the PUD (planned unit development) incentives: permitting a limited height increase (for example, up to 40 feet) in LMU when developers provide identified public benefits. Jennifer said adding that PUD incentive in the LMU text would create a clearer, rule-based path for modest additional density without wholesale remapping.

Short-term rentals (STRs) generated strong debate. The draft code distinguishes owner-occupied STRs (Type 1) and non-owner-occupied STRs (Type 2) and would require an annual short-term rental permit, performance standards and a designated local contact within 50 miles to respond to complaints. Staff proposed requiring one off-street parking space for STRs unless the site is physically constrained. Several residents urged the board to restrict or phase non-owner STRs (Type 2) in R1 and R2 neighborhoods, arguing that frequent turnover harms neighborhood cohesion; staff said the city has no comprehensive inventory of STRs and suggested either (a) making Type 2 conditional or (b) removing STRs from this update for a focused community process.

Riparian setbacks and flood risk produced some of the most pointed public comment. Jeanette Blank of Montana Freshwater Partners urged setbacks informed by DNRC flood modeling and cited examples from Montana cities that use setbacks of 35–150 feet; she argued stronger setbacks protect water quality and people. Several nearby property owners submitted a petition opposing large new setbacks, and attorney Bertha Lund warned the board that very large setbacks risk constitutional takings challenges. Staff said the draft currently proposes at least a 10-foot buffer from the ordinary high-water mark as a starting point and recommended staff produce parcel-level maps showing how larger setbacks would affect existing lots before the board adopts any increased buffer. Staff also noted that many existing platted lots are narrow and that large setbacks could prevent reasonable use of those parcels.

The board did not adopt a final recommendation on text or maps. It voted unanimously to continue the hearing to Oct. 14, 2025 (continuation motion recorded), and staff was directed to produce maps and follow-up materials, including the full packet with Catherine Daly’s slides and analyses of how proposed riparian setbacks would affect parcels along Fleshman and Billman creeks.

Next steps: the Land Use Board will reconvene Oct. 14 to continue deliberations with parcel maps and recommended text edits for PUD incentives, short-term rental treatment and riparian setbacks ready for review; any formal map amendments will move to the City Commission for decision.