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Livingston commission approves first reading of sweeping zoning rewrite; riparian setbacks removed from text pending study
Summary
On a unanimous first-reading vote the Livingston City Commission approved Ordinance 3064, a comprehensive text amendment to Chapter 30 that replaces the city's zoning code text. Staff removed riparian setback language from the draft and will seek focused environmental study before proposing specific stream buffers.
The Livingston City Commission voted unanimously on first reading to approve Ordinance 3064, a comprehensive rewrite of Chapter 30 of the Livingston Municipal Code that updates the city's zoning text to reflect the 2021 growth policy, recent state law changes and more than 1,500 public comments.
City planning director Jen Severson, presenting the text amendment, said staff is removing all references to riparian setback requirements from Chapter 30 for now and will return later with targeted recommendations informed by a focused environmental study of individual stream reaches. "We are recommending to remove the riparian setback requirements completely from chapter 30 until we are able to do a focused, environmental study along the stream reaches that are unique to Livingston," Severson said.
Why it matters: The rewrite is the city's first comprehensive zoning update since 1981 and reorganizes use tables, parking rules and height designations across commercial and residential districts. Key near-term effects spelled out by staff include changes driven by state law to parking requirements (notably lower off-street minimums for many residential types and new limits on ADU parking), a new approach to building heights that accepts state-imposed minimums (60 feet in higher-intensity commercial districts) while using mapping and district reclassifications to protect viewsheds, and an initial staff proposal for an agricultural/open‑pastoral district to preserve large privately owned parcels east of the river.
During discussion, commissioners pressed staff on timing, funding and scope for the proposed riparian study. Severson told the commission grant funding options have been identified and staff believes a study could be completed in under a year if the commission provides direction and funding. Staff also noted existing federal floodplain rules remain in force for waterways that FEMA has mapped and that Fleishman (variant spellings used in public remarks) Creek has not been federally mapped.
Public comment was mixed. Environmental and housing advocates urged careful study and alignment with growth policy goals; Tara Eddie presented a 63-signature petition opposing riparian setbacks and called the proposal a potential "taking" of private property, while Randy Carpenter (Prince of Park County) and other commenters supported rezoning highway-commercial corridors to lower-intensity mixed-use as a tool to enable more housing choices and protect community character. Housing advocates cautioned that downzoning downtown may not, by itself, produce affordable units without incentives and funding.
Commission action: Vice Chair Newts moved the first-reading approval of Ordinance 3064; Commissioner Kale seconded. The roll call vote recorded Chair Quentin Schwartz, Vice Chair Newts, Commissioner Kale, Commissioner Lyons and Commissioner Littles voting "Aye." The motion carried 5-0. Staff said the text ordinance would take effect January 1 (per staff timeline), with the map amendments to be considered separately by resolution and likely scheduled for a December meeting cycle.
What comes next: The commission directed staff to return with a refined draft for an agricultural/open‑pastoral zone (including options for minimum lot size and allowed supporting residential uses) and to refine short‑term rental provisions and other use-table clarifications. Staff also agreed to return with more concrete language on wildlife/migration corridor considerations and with options for funding and timing of a riparian stream‑reach study.
Votes at a glance Ordinance 3064 (zoning text rewrite) — Motion (approve first reading; remove supportive/transitional housing from uses; mark fireworks stands as not allowed): Moved by Vice Chair Newts; seconded by Commissioner Kale. Roll call: Chair Quentin Schwartz — Aye; Vice Chair Newts — Aye; Commissioner Kale — Aye; Commissioner Lyons — Aye; Commissioner Littles — Aye. Outcome: approved (first reading).
The commission closed the meeting after a brief closed session for legal and personal privacy matters.
