Table 30.40 designates a list of uses permitted within a zoning district. Designated uses shall be permitted only in the zones indicated.

Table 30.40

List of Uses

(Ord. 1506, 11/16/82; Ord. 1516, 8/2/83; Ord. 1517, 10/18/83; Ord. 1529, 7/16/84; Ord. 1538, 11/20/85; Ord. 1544, 2/4/86; Ord. 1556, 9/16/86; Ord. 1799, 12/19/94; Ord. 1810, 7/3/95; Ord. 1813, 8/21/95; Ord. 1891, 9/7/99; Ord. 1949, 10/18/04; Ord. 1977, 9/18/06; Ord. 2000, 4/7/08; Ord. No. 2022, § 2(Exh. A), 9/7/10; Ord. No. 2029, § 1(Exh. A), 4/19/11; Ord. No. 2046, § 1(Exh. A), 9/17/13; Ord. No. 2090, § 1, 10/6/20; Ord. No. 2097, § 1, 1/5/21; Ord. No. 3003, § 1, 4/6/21; Ord. No. 3013, § 2, 8/17/21; Ord. No. 3017, § 1, 10/5/21; Ord. No. 3025, § 1, 10/21/21; Ord. No. 3023, § 1, 1/4/22; Ord. No. 3041, 5/16/23; Ord. No. 3046, § 1, 2/6/24; Ord. No. 3056, 12/17/24)

Residential density requirements are set out in Table 30.41.

(Ord. 1728, 12/7/92; Ord. 1798, 12/19/94; Ord. 1861, 6/16/97; Ord. No. 2090, § 1, 11/5/20; Ord. No. 2097, § 1, 1/5/21; Ord. No. 3018, § 1, 10/5/21; Ord. No. 3023, § 1, 1/4/22; Ord. No. 3041, 5/16/23; Ord. No. 3056, 12/17/24)

Commercial density requirements are set out in Table 30.42.

(Ord. 1949, 10/18/04; Ord. No. 2097, § 1, 1/5/21; Ord. No. 3023, § 1, 1/4/22)

A.

Entranceway awnings and roof eves may extend up to eighteen (18) inches into any setback. The maximum height for an entranceway awning that encroaches into the setback shall be twelve (12) feet.

B.

Entranceway steps and ramps may extend up to five (5) feet into the front street or side street setback. Entranceway steps and ramps that encroach into the setback may only access the ground floor of the attached building.

C.

Ground floor covered or uncovered porches may extend up to five (5) feet into the front street or side street setback. The deck of any first floor porch that extends into the setback shall be no higher than the ground floor level of the attached building. The maximum height for the roof of any ground floor covered porch that encroaches into the setback shall be twelve (12) feet.

D.

Window-wells and below-grade stairwells may project thirty-six (36) inches into any setback. Window-well projecting beyond eighteen (18) inches shall be covered in such a way that is consistent with adopted building codes and such that an individual is prevented from falling into the window-well.

(Ord. No. 2097, § 1, 1/5/21)

A.

Accessory dwellings are subject to all applicable regulations listed in this ordinance, including but not limited to: setbacks, maximum building heights, and building design standards.

B.

Detached accessory dwellings shall be located to the rear of the primary dwelling on the property.

C.

Accessory dwellings shall not exceed seventy-five (75) percent of the gross floor area of the single family dwelling on the lot or one thousand (1,000) square feet of gross floor area, whichever is less. This size limitation applies to both detached Accessory Dwelling Units and Accessory Dwelling Units constructed as additions to one (1) Family Dwellings. Accessory Dwelling Units established wholly within the current footprint of an existing one (1) Family Dwelling are not subject to this size limitation.

D.

Accessory dwellings shall be on the same parcel as the primary dwelling.

E.

If an accessory dwelling is subdivided from the primary dwelling unit, the accessory dwelling is no longer an accessory dwelling and must meet all density requirements listed in Table 30.41 and Table 30.51.

F.

Accessory Dwellings are encouraged to be combined with other buildings to preserve open space on the lot.

(Ord. No. 2090, § 1, 11/5/20; Ord. No. 3056, 12/17/24)

A.

"Bed and breakfast" means a commercial business operated in a house which is used partially or primarily for providing overnight accommodations to the public.

B.

The goal of this section is to establish the allowable locations and operations of bed and breakfast facilities.

C.

A bed and breakfast shall be allowed in the following zoning districts: Low Density (R-I), Medium Density Residential (R-II), High Density Residential (R-III), Neighborhood Commercial (N.C.), Highway Commercial (H.C.), and the Central Business District (C.B.D.).

D.

Reserved.

E.

The accommodations for a bed and breakfast shall have no more than five (5) guest rooms. Breakfast shall be the only meal served on the premises, and is included in the charge for the room. No other food or beverage served upon the premises.

F.

Off-street parking shall be provided by all bed and breakfast facilities. There shall be two (2) off-street parking spaces, plus one (1) for each guest room. Off-street parking shall be required to be used by guests.

G.

No bed and breakfast shall be located on a lot closer than two hundred (200) feet in a straight line distance from any other lot containing a bed and breakfast. The owner shall live on the premises.

H.

Signage shall be limited to that allowed for home occupations (twelve (12) inches by twenty-four (24) inches non-illuminated, flush mounted).

I.

Rates shall be charged for single-night occupancy only, weekly or monthly rates will not be allowed.

J.

A bed and breakfast already in existence at the time of this section's effective date shall have ninety (90) days to conform with the provisions of this section except existing establishments shall be grandfathered as to the requirements of subsection (G) of this section.

K.

Any property receiving a special exception for a bed and breakfast shall have ninety (90) days from the date of the final City Commission action to meet any specified conditions and obtain a City business license. If a City business license is not obtained in that time period, thespecial exception shall be automatically rescinded as of that date. If a license for a bed and breakfast is not renewed within ninety (90) days after January 1 of any calendar year, the special exception for that bed and breakfast shall be automatically rescinded.

L.

Any application for a bed and breakfast shall be accompanied by a detailed plan, drawn to scale, showing all aspects of the physical layout for the property, including the off-street parking provisions.

M.

The table of uses (Table 30.40) is amended to comply with subsection (C) of this section.

N.

No sexually oriented business shall be operated or maintained within the corporate limits of the City of Livingston except within the Industrial Zone with the further limitation that no sexually oriented business shall be front on Park Street and shall be set back from Bennett Street a minimum distance of two hundred fifty (250) feet. No sexually oriented business shall be operated or maintained within six hundred (600) feet of either a City or County residential zone, a church, an elementary or high school, a State-licensed day care facilities, public libraries, parks or playgrounds, or another sexually oriented business. The distance limitation in this section shall be measured in a straight line from the main public entrance of said sexually oriented business to the property line of properties in residentially zoned districts, churches, elementary or high schools, State-licensed day care facilities, public libraries, parks or playgrounds, or another sexually oriented business.

(Ord. 1702, 7/20/92; Ord. 1868, 2/2/98; Ord. 1894, 3/6/2000; Ord. No. 2029, § 2, 4/19/11; Ord. No. 2090, § 1, 11/5/20)

Editor's note— Ordinance No. 2090, § 1, adopted September 5, 2020, renumbered section 30.43.1 as 30.44.

Uses in the Preservation Zoning District may be reduced or expanded from the uses allowed in the areas surrounding the Preservation Zoning District. Allowable uses will be set forth in the plan adopted for each Preservation Zoning District.

(Ord. 1954, 5/16/05)

The Livingston City Zoning Commission shall make a recommendation to the City Commission for a Preservation Zoning District Plan which shall take into consideration the following:

A.

Delineation of the boundaries of each special use zoning district;

B.

Identification of the structure(s) and/or natural features which contributed to the creation of the Preservation Zoning District;

C.

Identification of the uses and development standards or guidelines intended to preserve the structure(s) and/or natural features which may vary from Preservation Zoning District to Preservation Zoning District, but shall take into consideration:

1.

Setbacks,

2.

Landscaping standards,

3.

Signage standards,

4.

Parking standards,

5.

A list of uses to be allowed,

6.

Any other standard that would serve the purpose of preserving historic or architectural structure(s) or natural features in each Preservation Zoning District.

(Ord. 1954, 5/16/05)

A.

This Section provides policies and standards for the design of buildings in the Design Review Overlay Zone. In general, they focus on promoting buildings that will be compatible in scale and appear to "fit" in the community by using materials and forms that are a part of Livingston's design traditions.

B.

Applicability of the Building Design Standards. The standards and requirements found in this Section shall apply to any commercial and/or industrial project that requires a building permit within any adopted Design Review Overlay zone, and any large-scale retail uses regardless of location within the City.

C.

Objectives for Building Design.

1.

Achieve High Quality Design. Buildings in the overlay zone shall convey a high quality of design, in terms of their materials and details, as well as through a consistent organization of forms and elements. This quality shall establish a standard for design throughout the community.

2.

Reflect the Design Traditions of Livingston. Buildings shall reflect the design traditions of the region, in terms of building and roof forms. Distinctive roof forms are a key part of this tradition. Sloping roofs, in gable, hip and shed varieties are historical precedents to promote and they also help reduce the apparent bulk of larger buildings and help to shed snowfall. Flat roofs with varied parapet lines and cornices are also a part of the City's design traditions and shall be encouraged. Buildings that appear to be in scale with those seen traditionally also shall be encouraged. Where a new building would be larger than those existing in the area, it shall establish a transition in scale, to reduce the impact of building scale on the adjacent property, as well as on the neighborhood.

3.

Promote Buildings that Fit with the Natural Setting. Structures shall be sited to fit with the land and incorporate colors seen in the natural setting.

4.

Promote Buildings that Reflect Pedestrian Scale. Structures shall demonstrate pedestrian friendly design that relate to the adjoining public streets, sidewalks, and spaces.

D.

Building and Topography.

1.

Policy. A building shall respect the natural topography of the site.

2.

Standards. Step a building foundation to follow the slope of the site when feasible. In general, an exposed building foundation shall not exceed three (3) feet in height.

E.

Building Character.

1.

Policy. Buildings shall reflect the regional urban character.

2.

Guideline.

a.

Designs that draw upon regional design traditions are preferred. Standardized "franchise" style architecture will be strongly discouraged by following these standards.

b.

Higher density buildings are encouraged with mixed use multi-story buildings and shared parking.

c.

Incorporating smaller retail shops facing the street is encouraged.

d.

Secondary buildings on a site should be placed around the perimeter of the site to visually shield the public from the parking areas.

e.

Where possible main entrances should face away from the prevailing winds.

f.

Buildings should have multiple entrances to minimize the distance from parking spot to the building.

g.

If present on site, wildlife corridors shall be included in the site plan.

h.

On site generation of electricity using renewable energy is highly encouraged.

i.

The primary entrance to a building shall have a human scale. A one (1) story element at the building entrance to help establish a sense of scale shall be provided.

j.

Where no windows or other obvious indication exists, the position of each floor in the external skin design of a building shall be expressed to establish a human scale.

i.

Use belt courses or other horizontal trim bands of contrasting color and materials to define floor lines.

ii.

Articulate structural elements, or change materials as a method of defining floors.

k.

Building materials that help establish a human scale shall be utilized.

i.

For example, use brick in a standard module to express a human scale.

ii.

Avoid using large surfaces of panelized products or featureless materials.

iii.

A large surface of stucco or similar material that lacks articulation or detailing shall not be allowed.

iv.

The mix of exterior materials should form a cohesive design package. One (1) material and color should be chosen for eighty (80) percent of the building, with accent materials and colors used to articulate openings, building foundations and roof terminations.

l.

New construction shall relate to adjacent residential and historic resources. Where a new project abuts a residential neighborhood or a historic structure, step the building down at the property edge to minimize abrupt changes in scale, or increase side yards to reduce the impact.

F.

Primary Building Entrance.

1.

Policy. The primary entrance of a structure shall orient to a street, major sidewalk, pedestrian way, plaza, courtyard or other outdoor public space.

2.

Standards.

a.

The main entrance shall be designed to be clearly identifiable.

i.

A sheltering element such as a canopy, awning, arcade or portico shall be provided to signify the primary entrance to a building.

ii.

Where more than one (1) user shares a structure, each individual entrance shall be identified.

iii.

Customer amenities such as seating areas, coffee shops, customer service stations are encouraged to be located near the main entrance.

iv.

Shopping cart storage at the entrance, either outside or in the vestibule of the building is encouraged to be avoided.

b.

The primary entrance of a building to face a street, plaza or pedestrian way.

i.

Focusing an entrance toward a parking lot without also addressing the street is inappropriate.

ii.

If the building is adjacent to a street "double-fronted" design providing an entrance to parking and to the street is required. That is, provide a door to the street and another to the parking lot.

iii.

A transitional area, including landscaping, between the parking lot and entrance to the building shall be provided. Consider locating a pedestrian plaza at the entrance; this may be enhanced with streetscape furnishings.

G.

Street Level Interest.

1.

Policy. When a building is located close to a street or walkway, it shall be designed to provide interest to pedestrians. For example, commercial buildings with storefronts are of interest to passersby. Such features encourage pedestrian activity and shall be used whenever feasible. The overall mass of a building shall appear to be in scale with buildings seen traditionally. This will help new structures fit with the Livingston context. At the same time, newer structures may be larger than those seen before; they shall simply be articulated in their form and materials such that they convey proportions that are similar to those seen traditionally.

2.

Standards.

a.

Develop the street level of a building to provide visual interest to pedestrians. All sides of a building shall include interesting details and materials to avoid presenting a "back side" to neighboring properties. A large expanse of blank wall is not permitted on any street-oriented facade.

b.

All building walls located within ten (10) feet of a public sidewalk shall have a minimum of sixty (60) percent coverage of wall square footage with ground floor windows.

c.

Loading docks, trash collection areas, outdoor storage, and similar facilities must be incorporated into the overall design of the building. Loading docks, trash collection areas, outdoor storage, and similar facilities must be shielded from view from adjacent properties and public rights-of-way with screening such as fencing, landscaping or walls.

H.

Building Mass and Scale.

1.

Policy. A building shall appear to have a "human scale." In general, this can be accomplished by using familiar forms and elements that can be interpreted in human dimensions, as noted throughout this Chapter, e.g., "small details/visible to pedestrians."

2.

Standards. In order to reduce the visual impacts building scale, each major building project shall provide all of the following:

a.

Divide a building into visual modules that express dimensions of structures seen traditionally.

i.

Buildings shall employ all of the following design techniques:

(A)

Change material or color with each building module to reduce the perceived mass;

(B)

Change the height of a wall plane or building module;

(C)

Change roof form to help express the different modules of the building mass; and

(D)

Change the arrangement of windows and other facade articulation features, such as columns or strap work that divide large wall planes into smaller components.

(E)

Large expanses of plate glass shall be avoided by breaking up window arrays with mullions. Repletion and patterns of windows shall be used to create interest.

(F)

On multi-story walls, windows shall be placed in courses that reflect potential interior floors. Upper windows shall be coordinated vertically with windows below.

(G)

Secondary uses or departments including pharmacies, photo finishing/development, snack bars, dry cleaning, offices, storage, etc. should be oriented to the outside of the building by projecting them outward or recessing them inward. This includes providing the individual uses with separate entrances and windows facing the outside of the building.

ii.

Express facade components in ways that will help to establish a human scale (details oriented towards pedestrians).

(A)

Establish a pattern and rhythm on exterior walls to establish a human scale;

(B)

Windows, columns and other architectural treatments used repetitively can create this effect;

(C)

Using windows and doors that are similar in scale to those seen traditionally also can help establish a human scale;

(D)

Also, recess these elements, even if slightly, and articulate them with headers, sills, columns and/or mullions.

(E)

If possible, windows such that exterior views of the mountains are framed by users of the building are highly encouraged.

I.

Roof Form.

1.

Policy. The primary roof form of a structure shall help reduce the perceived scale of the building. For that reason, sloping roofs shall be used in most contexts. These also will help the building fit into the mountain backdrop. Varied roof forms in the appropriate context are also encouraged.

2.

Standards.

a.

Using sloping roof forms to reduce the perceived scale of a building is encouraged.

i.

Varying roof forms is encouraged.

ii.

Providing variety in ridgeline height is encouraged.

iii.

Rooftop mechanical equipment shall be screened from view from adjacent public rights-of-way. Rooftop solar panels are excluded from this requirement but may not reflect sunlight or create glare onto neighboring properties or rights-of-way.

b.

All roof forms shall have no less than two (2) of the following features:

i.

A flat roof with parapet;

ii.

A cornice or molding to define the top of a parapet;

iii.

Overhanging eaves;

iv.

Sloping roofs with a minimum pitch of 6:12;

v.

Multiple roof planes.

J.

Signage.

1.

Policy. Signage shall be sensitive to the natural surroundings and shall not detract from the overall visual design of the site. Because signage can easily become the focal point of a development, it will be important within this overlay zone to keep signage as minimal and unobtrusive as possible.

2.

Standards.

a.

Free standing and monument signs will be constructed of materials and contain details which match those of the building being advertised.

i.

Use brick, wood or stone facades on signage structures to help them blend into and match the site;

ii.

Simulate architectural details of the building, such as colors, textures, and geometric forms, in designing sign structures.

b.

Signs that detract from the site design of a development shall be avoided. The use of internally backlit signs will not be allowed. Spotlighting or other lighting methods shall be explored.

K.

Design Standards Administration. The building design standards and review procedures contained herein shall apply to all large-scale retail uses and all nonresidential property annexed into the City and falling within the Gateway Overlay Zoning District, which has been mapped and amended to the City's Official Zoning Map. If meeting the above criteria, all new construction, exterior remodels and additions to existing buildings will be subject to the following application and review process:

1.

Application Submittal Requirements.

a.

A completed application form.

b.

A site plan and other detailed drawings, including, but not limited to, building elevations indicating exterior materials, colors and necessary architectural details required to determine compliance with this Section, shall be submitted to the Planning Department along with the required application fee.

c.

An economic analysis, including types and volumes of goods and services to be offered, impact on existing businesses, wage scales, percentage of local ownership and employees.

d.

A traffic impact study, certified by a professional engineer if the project is anticipated to generate over 250 ADT.

e.

A wildlife and natural resource study, including effect on existing wildlife habitat and migration routes; water run-off, how natural viewsheds are to be maintained.

If a plan is rejected for noncompliance, it will be returned to the applicant with an explanation as to how the plan fails to comply with City standards and/or this Section. The applicant will then be allowed to resubmit the application, with no additional application fee, provided the City receives the revised application within sixty (60) days from the original rejection.

2.

Review Fees. The fee for design review shall be established by separate resolution.

(Ord. 1974, 9/5/07; Ord. No. 3003, § 1, 4/6/21; Ord. No. 3021, § 1, 11/16/21)

A.

Intent. The Planned Unit Development is a zoning district intended to encourage more efficient use of land and public services than is generally attainable under standard zoning application. Conventional area and density requirements are replaced by application of the PUD district to lands upon which an approved plan becomes the basis for control of land development. By allowing for context sensitive design that conforms to topography and minimizes site impacts, PUD zoning encourages clustered development, diverse housing types, mixed land uses, and natural resource preservation.

B.

To achieve the stated intent, a PUD shall further a majority of the following objectives:

1.

Protect natural and cultural resources

2.

Encourage open space and recreational areas beyond the minimum subdivision requirements

3.

Promote a more effective use of land than the base zoning district would allow, resulting in clustered development and a more condensed network of utilities and streets

4.

Encourage mixed uses in new developments as a means to improve convenience and access to daily necessities by area residents

5.

Reduce vehicular trip generation through mixed use development and enhanced multi-modal connectivity

6.

Encourage affordable/ workforce housing development

7.

Support the adopted City of Livingston Growth Policy

C.

PUD Minimum Size and Allowed Uses

1.

The proposed PUD must be a minimum of 0.5 acres in size and all land must be under a single ownership/ entity at time of application submittal.

2.

PUDs are only allowed in the following zoning districts: R-II, RII-MH, R-III, RMO, MU, CBD and HC. All PUDs shall include residential uses.

3.

Commercial Uses: Commercial uses in PUDs that are not allowed by-right in the base zoning district must be appropriately scaled and compatible with other uses in proposed development and with respect to the existing surrounding neighborhood. Commercial uses should be located, designed and operated to serve primarily the needs of residents within the PUD and secondarily persons residing outside the PUD. Commercial development within the PUD may require Site Plan Review prior to issuance of a building permit for commercial use structures.

4.

Industrial Uses: Light Industrial uses may be allowed in the PUD district, provided they are appropriately scaled and compatible with the proposed development and with respect to the surrounding neighborhood. Light Industrial development within the PUD may require Site Plan Review prior to issuance of a building permit for structures related to the Light Industrial Use. Heavy Industrial uses are not allowed in a PUD.

D.

Developer Incentives and Public Benefits

1.

Guidelines. The table below outlines desirable Public Benefits the City wishes to encourage for inclusion in PUDs, and Bonuses that may be obtained by Developers for providing one or more of the listed Public Benefits.

a.

Developer Incentives

i.

Increased Residential Density- 10% increased density over base zoning district for each public benefit provided by developer; maximum 25% overall density increase allowed

ii.

Increased Height- only allowed in R-II or R-II:MH zoning districts; maximum height allowed is 40 feet

iii.

Waived Impact Fees- fees will be waived on 1:1 basis for each deed-restricted Affordable Housing unit at or below 60% AMI. Waived Impact Fees will only be awarded for Affordable Housing at or below 60% AMI; this incentive does not apply to other public benefits.

b.

Public Benefits- each of the below benefits counts as a single benefit

i.

Affordable Housing- must be deed restricted to qualify for developer incentives (minimum 2 affordable units per project)

1.

Affordable Housing is based on the Area Median Income (AMI) for Park County.

2.

The AMI is set annually for Park County by the U.S. Department of Housing and Urban Development.

3.

Affordability for Renter-Occupied vs. Owner-Occupied housing units will be determined based on the AMI in place at the time the PUD is approved at a public hearing. Affordability thresholds will be listed on the PUD application form.

4.

All Affordable housing units must be substantially similar in design, location and amenities as market rate units

ii.

Reduced vehicular trips- 10% reduction of vehicular trips generated by the PUD resulting from design, uses, multi-modal transportation facilities, etc.

iii.

Increased Open Space - 20% or more of PUD area must be dedicated public open space.

iv.

Commercial Uses- A minimum of 5% of total building floor area in the PUD must be dedicated to commercial uses.

c.

Formula for Incentives and Public Benefit Allocation:

i.

Residential Density Bonus - a Developer may provide one of the below public benefits to obtain a 10% residential density increase over what the base zoning district allows; maximum total density increase allowed is 25% above the base zoning district

1.

Affordable Housing

2.

Reduced Vehicular Trips

3.

Increased Open Space

4.

Commercial Uses

ii.

Height Increase- one-time only bonus; may be obtained by providing any of the below benefits

1.

Affordable Housing

2.

Reduced Vehicular Trips

3.

Increased Open Space

4.

Commercial Uses

iii.

Waived Impact Fees- Awarded on a 1:1 basis

1.

Affordable Housing unit at or below 60% AMI

NOTE: Affordable Housing units at or below 60% AMI will qualify for the Waived Impact Fees as well as count toward the total number of Affordable Housing Units needed to obtain Residential Density Bonus

2.

Limitations on Developer Incentives.

a.

A height bonus is only allowed in RII or RII:MH zoning districts. A height bonus may only be awarded once for a maximum height of 40 feet in the PUD.

b.

The increased residential density bonus may be awarded more than one time; however, the total increased residential density bonus shall not exceed 25% above the residential density allowed in the base zoning district.

c.

The incentive received for Commercial Use Floor Area public benefit is limited to a one-time award. Live/ Work units shall not comprise more than half of total commercial floor area.

3.

Multi-Phased Development.

a.

For affordable/ workforce housing: The maximum allowed price of a dwelling unit will be determined by the AMI levels at the time of phase commencement.

b.

Developer bonus(es) must be implemented concurrently with the corresponding public benefit (i.e. the public benefit provided to achieve the bonus).

4.

Cash-in-Lieu and Financial Guarantees of Public Benefits

a.

For Phased PUDs: At the City's discretion, a financial guarantee may be accepted for provision of a public benefit in a future phase in lieu of concurrent implementation of the benefit with the corresponding developer bonus.

b.

For the Increased Open Space public benefit: At the City's discretion, cash-in-lieu may be accepted for the fair market value of some or all of the required open space to allow the City to fund open space or recreational amenities in an alternate location. If the open space includes multi-modal transportation infrastructure that is being used to demonstrate a Trip Reduction public benefit, cash-in-lieu is not allowed.

E.

Application Procedures

1.

A Pre-Application meeting is required with city staff at least 30 days prior to submittal of the PUD application.

2.

Prior to submittal of the application, the applicant must notify landowners of the proposed PUD zoning within 300 feet of the PUD external boundary and provide a method by which surrounding landowners may offer comments on the proposal. All comments received must be included in the PUD application.

3.

Application Submittal requirements- each application for PUD zoning shall contain the following material:

a.

Completed City of Livingston PUD Application form; see application form for detailed submittal requirements. Where a PUD also involves a subdivision of land, it shall also meet the application requirements of the Livingston Subdivision Regulations.

b.

All applicable fees.

c.

A listing of each deviation or class of deviation from the base zoning district and a justification for the deviation.

d.

A listing of each deviation or class of deviation from the City's Subdivision Regulations (if a subdivision is proposed), the City's Public Works Design Standards and Specifications, and a justification for the deviation.

e.

Project Narrative or other convincing and persuasive demonstration that the proposed PUD will implement goals and strategies of the adopted Livingston Growth Policy.

f.

The PUD plan shall identify the existing zoning of the area within the proposed PUD district and the zoning of all parcels surrounding or immediately adjacent to the proposed PUD.

g.

Operation and Maintenance for private facilities for common use of PUD residents as well as for facilities that will be available for use by the general public (if applicable).

h.

For multi-phase projects where components are proposed which may not be built for many years, future phases may show conceptual street designs, proposed park and open space areas, trail concepts, proposed residential density, housing types and commercial areas. Where a multi-phased PUD involves a subdivision of land, the applicant shall submit an overall phased development preliminary plat per MCA 76-3-617.

i.

Other information, plans and details that the city staff, Zoning Commission, Planning Board and/or City Commission may request to fully evaluate the development proposal and its impacts and conclusively demonstrate how the review criteria listed below will be met.

F.

Public Review Process

1.

Work Session. A public work session is required to be held on a proposed PUD plan prior to any public hearing. The work session is intended for informational purposes only to inform both the public, the Zoning Commission, the Planning Board, and the City Commission about the various aspects of the project. It is not intended to be a public hearing and the Zoning Commission, Planning Board and City Commissioners shall not ask questions, provide comments or take formal action on the PUD application. All owners of property within 300 feet of the proposed PUD shall be invited to this work session. An invitation to the work session may be included within the formal public hearing notice or it may be sent separately.

2.

Zoning Commission. The Zoning Commission will review the application, hold a public hearing and make a recommendation to the City Commission to approve, approve with conditions, or deny the application. The review procedure for PUD zoning will follow LMC Sec 30.71 for amendments to city zoning ordinance and zone change. Review of the proposed PUD will be based on the statutory provisions of MCA 76-2-304 and the following evaluation criteria:

a.

The proposed PUD supports the adopted Growth Policy with respect to applicable density and use goals, objectives and/or strategies identified in the Growth Policy.

b.

The proposed deviations from the underlying zoning requirements will not adversely affect the public and/ or the surrounding neighborhood.

c.

Uses with varying intensities are effectively buffered, both within the PUD and between the PUD and the surrounds.

d.

Action by the Zoning Commission.

i.

The Zoning Commission shall hold a public hearing on the application pursuant to LMC Section 30.71.

ii.

The Commission shall submit its recommendations to the City Commission regarding the PUD rezoning request based on the review criteria under 2.a-c in this section.

iii.

The Zoning Commission may recommend the City Commission approve, approve with conditions, or deny the application.

3.

Planning Board. The Planning Board will review the application, hold a public hearing and make a recommendation to the City Commission to approve, approve with conditions, or deny the application. Where a PUD also involves a subdivision of land, it shall follow the process called out in the Livingston Subdivision regulations (Chapter 28). Review of the proposed PUD will be based on the following evaluation criteria:

a.

The proposed PUD supports the adopted Growth Policy with respect to applicable density and use goals, objectives and/or strategies identified in the Growth Policy.

b.

The proposed departures from the adopted the City of Livingston Public Works Design Standards and Specifications and/ or subdivision regulations (if applicable) will not adversely affect the public and/or surrounding neighborhood.

c.

The PUD will establish effective connections within the PUD and to the surrounding transportation network.

d.

The size and type of parkland and open space and demonstration of its adequacy for the land use, densities and dwelling types proposed in the PUD, as well as the proposal for maintenance and conservation of these areas.

e.

The PUD will not adversely impact the natural environment, critical wildlife and habitat, agriculture, public health and safety, and local services.

f.

Action by the Planning Board

i.

The Planning Board shall hold a public hearing on the application and submit its recommendations to the City Commission regarding the PUD based on the review criteria under 3.a-e in this section.

ii.

The Planning Board will review the PUD Plan and, after holding a public hearing, make a recommendation to the City Commission to approve, conditionally approve or deny the PUD.

iii.

Where a PUD involves a subdivision of land, Subdivision review will be as directed by Chapter 28 of Livingston Municipal Code. Any deviations from the Subdivision Regulations or the City of Livingston Public Works Design Standards and Specifications will only be allowed through the variance process contained in Chapter 28 of the Livingston Municipal Code.

4.

Action by the City Commission. Upon receiving recommendations from the Zoning Commission and Planning Board, the City Commission will review and approve, approve with conditions, or deny the PUD application and any applicable Preliminary Plat. The City Commission may conduct the first reading of the zoning ordinance amendment required for a PUD at the same meeting during which the preliminary PUD plan is approved.

G.

Preparation and Filing of Final PUD.

1.

Upon approval of the PUD by the City Commission, the property owner(s) shall proceed with the preparation of the Final PUD plan.

2.

The owner shall prepare a Statement of Standards for review and approval by the Zoning Administrator that describes the specific uses, development standards, deviations from the underlying zoning standards and conditions of approval. This Statement of Standards shall be approved as to form by the City Attorney, and upon approval by the Zoning Administrator recorded in the land records of Park County.

a.

The Final PUD plan shall incorporate all the conditions imposed by the City Commission at the time of approval of the preliminary plan.

b.

The applicant shall submit three signed copies of a Final PUD Plan and other documents as required by the conditions of approval to the Planning Department. The applicant must also submit a draft PUD agreement between the City and the developer(s) for review by the City Attorney. The agreement must bind the developer, his or her successors, heirs and assigns to the terms and conditions of the PUD. Upon approval by the Zoning Administrator, a signed copy of the plan shall be returned to the applicant, a signed copy shall be retained on file in the County Clerk and Recorder's office and a signed copy shall be kept on file with the Planning Department.

c.

All PUD documents required under the conditions of approval shall be submitted to the Planning Department in a timely fashion following approval by the Commission but in no case shall a building permit be issued until the final PUD plan has been submitted and approved and the PUD agreement has been executed. For PUDs where a subdivision is required, the final plat shall be filed once construction is completed in accordance with LMC Chapter 28 Subdivision Regulations.

H.

Amending an Approved PUD.

1.

Once approved, a PUD may be amended by the developer(s). Proposed amendments shall be submitted to the Zoning Administrator to make one of the following findings:

a.

The change(s) is deemed minor in scope and may be granted or denied administratively by staff with or without conditions; or

b.

The change(s) is deemed substantial, in which case the amendment(s) is forwarded to the City Commission for consideration and final action.

2.

Any determination made administratively by the Zoning Administrator is appealable to the City Commission.

3.

The City shall not initiate any amendment to the PUD before the completion of the approved PUD as long as development is in substantial conformity with the approved PUD and proceeding in accordance with the time requirements imposed therein by the completion schedule.

I.

Abandonment or Expiration of PUD.

1.

The Zoning Administrator shall monitor the PUD for compliance with the completion schedule set forth in the approved development plan and to assure that all improvements have been made in accordance with the approved development plan.

2.

The following procedures apply if the PUD fails to comply with the approved completion schedule:

a.

For PUDs that do not include a subdivision of land:

i.

If a PUD project falls out of compliance with its approved completion schedule, or the landowner and/or developer does not submit annual progress updates to the Zoning Administrator, a notice of noncompliance with the completion schedule shall be delivered in writing by certified mail to the landowner and/or developer.

ii.

No later than 30 days after the notice of noncompliance is delivered, the landowner and/or developer may submit a written request for time extension from the City Commission. Said request shall set forth a proposed completion schedule and/or new timetable for installation of the improvements. The Commission may grant one or more extension(s) but each extension is a matter of grace which, if approved, may be subject to additional conditions imposed by the Commission which may be deemed necessary to address issues that have arisen due to the lapse in time.

iii.

Abandonment shall be deemed by the City Commission to have occurred when the landowner/developer is deemed to be out of compliance with the approved completion schedule and has failed to secure an extension as provided for in 2.a.ii in this section.

iv.

Upon the abandonment of a development authorized under this section, the City Commission shall direct the Zoning Administrator to do the following:

(a)

If a portion of the PUD site was developed in accordance with the PUD, the PUD approval conditions and any associated PUD Plan shall stay in force for that portion already developed; and

(b)

For that portion of the PUD which was not developed under the approved terms, the provisions of the PUD shall lapse and the site shall revert back to the base zoning district in place prior to approval of the PUD District.

b.

PUDs which include a subdivision of land:

i.

The process for abandonment or expiration cited in LMC Chapter 28 for Subdivision Regulations shall be followed.

(Ord. No. 3043 , 11/7/23)