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16- Ordinance 1942 Zone Code Amendment for Midtown and N. 7th
Ono v � ORDINANCE NO. 1942 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTION 38.07 TO CREATE TWO NEW ZONING DISTRICTS OF R-5 (HIGH DENSITY RESIDENTIAL MIXED USE) AND B-2M (COMMUNITY BUSINESS DISTRICT MIXED), SECTION 38.08 TO CREATE A NEW ZONING DISTRICT OF R-5 (RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT), TO REVISE SECTION 38.10 TO CREATE A NEW ZONING DISTRICT OF B-2M (COMMUNITY BUSINESS DISTRICT MIXED), SECTION 38.21.060 TO REVISE SPECIAL STANDARDS, SECTION 38.25 TO REVISE PARKING STANDARDS, TO CREATE SECTION 38.44 B BLOCK FRONTAGE. WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and I welfare and otherwise execute the purposes of Section 76-2-304, MCA ; and I WHEREAS, The City must adapt to the needs of the community by implementing the G growth policy and adopted plans for the safe and functional operation of a city; and " i WHEREAS, The Design and Connectivity Plan for North 71h Avenue Corridor was officially adopted on October 5, 2006 and no implementation has been put in place; and r 4 WHEREAS, The City of Bozeman constantly strives to improve the effectiveness and �! efficiency of development to further the growth policy goals and objectives; Page 1 of 42 J f Ordinance No, 1942, Creation of R-5, B-2M, and Article 44 Block Frontages NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section I Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, provides efficient delivery of services, enables public notice of and comment on development which may affect residents and land owners, and provides predictability in government actions 2. The City relies on zoning regulations to implement the growth policy and adopted plans. 3. The City's unified development code (UDC), Chapter 38, is revised as needed to insure an efficient use of infrastructure and the public good. 4. City must adapt to the needs of the community by implementing the growth policy and adopted plans for the safe and functional operation of a city. 5. The City must implement adopted growth policies and plans. 6. The classification of entryway corridors must be evaluated and refined with the growing community. 7. The modified entryway corridor will allow the City to further the goals and objectives of the Community Plan. 8. The Design and Connectivity Plan for North 7th Avenue Corridor was officially adopted on October 5,2006 and no implementation has been put in place. 9. The community need for a particular regulation will vary over time, and therefore it is appropriate to reevaluate the adopted standards from time to time. 10. The proposed text amendments are consistent with the intent and purpose of Chapter 38, BMC as set forth in section 38.01.040. Page 2 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Section 2 That the Bozeman Municipal Code be amended by revising Section 38.07.010 to read as follows with all other portions of the section remaining unchanged: See. 38.07.010. Use districts designated,zoning map adopted. B. R-5 Residential Mixed-Use High Density District B-2M Community Business District-Mixed Section 3 That the Bozeman Municipal Code be amended by amending Section 38.08.010.A to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: 6. The intent of the R-5 residential mixed-use high density district is to provide for high- density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographicallypact, walkable area to serve the varying needs of the community's residents. Offices and small scale retail and restaurants are allowed as secondary provided special standards are met. Section 4 That the Bozeman Municipal Code be amended by amending Section 38.08.020 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: Table 38.08.020 Table of Residential Uses Authorized Uses RM Table of Residential Uses R S R-1 R 2 R 3 R 4 , R 5 R-O H Accessory dwelling units g' C C P P P- P ' P Agricultural uses on 2.5 acres or morel 1..P - - - - Agricultural uses on less than 2.5 acres2 Page 3 of 42 G i i IP I', Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Authorized ITses RM Table of Residential Uses R-S R-1 R-2 R-3 R-4 R-5 R-O H Apartments/apartment building, as defined in P Y P — article 42 of this chapter — Bed and breakfast C C C C P P P — Commercial stable C.::. — - - Community centers C .. C C C C Community residential facilities with eight or P P P P P 1' P P fewer residents — Community residential facilities serving nine C 1' 1? P — or more residents Cooperative housing FC7I C C FPTP P P C Day care centers C C I C :.jjP I P P P C Essential services Type I A A A A A A A A Essential services Type II IPTP- Ip P F�j! P P to to 10 to `10 to io Ito Essential services Type III C C C .1 C C C C C Extended stay lodgings C C C. -- P P P —:]p Family day care home P PT P P Fp P Fences A A lk A A.. A A A Fraternity and sorority houses -- — - C P — P — Golf courses C C C — — — C, Greenhouses A A A A Group day care home P P P P P P P I P Group living P P P P Y P Guesthouses �T A A A IA.: A A — Home-based businessess A/C A/C A/C A/C I A/C A/C A/C I A/C Lodging houses —� — — — P: P �P �= Offices — — C3.` C3 P Page 4 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Authorized :.Uses RM- Table of Residential Uses R S R 1 R 2 R-3 R 4 : R 5 R-O R Other buildings and structures typically A " A A A A A A A accessory to authorized uses Private garages A A A :; :, A A A , A A Private or jointly owned recreational facilities A A A A A - A A A - Private stormwater control facilities A A A A A A A A/C Private vehicle and boat storage IA A A A A A 4 Public and private parks F P P P P P P P Manufactured homes on permanent P P P P R P P P foundations) — Manufactured home communities Medical offices, clinics, and centers — Recreational vehicle parks C — P Restaurant — pu — Retail — Signs, subject to article 28 of this chapter A A A A �A:': A A A Single-household dwelling P P P P IT7TV7 P P Temporary buildings and yards incidental to A A A A A A A A construction work Temporary sales and office buildings A ` A A A A A A A Three-or four-household dwelling — — P P P P Fwo-household dwelling P s P P P= P — Townhouses (two attached units) P7 P7 N P P P> P P Townhouses (five attached units or less) — T" P6 Townhouses (more than five attached units) — P P P — Tool sheds for storage of domestic supplies A 'l::: , A A A A A A A i Page 5 of 42 'r I Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Bloch Frontages 77- Authorized Uses RM Table of.:Residential Uses R S R-1 R-2 R-3 R 4. R 5 R-O H - 777-7. Uses approved as part of a PUD per article 20 C C C C C. C C. C of this chapter Veterinary uses C — _- Applicable Notes: 3. Only when in conjunction with dwellings. 10. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 11. Subject uses are limited to 2,500sf of gxoss floor area and only allowed on street corner sites within a mixed-use building featuring_residential units next to and/or above subject uses. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.08.030 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. Maximum lot coverage by principal and accessory buildings shall be: 4. Not more than 50 percent in the R-4 district. 5. There shall be no maximum lot coverage in the R-5 district. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.08.040 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumulative. These minimums assume a lack of development constraints. Each lot must have a usable lot area of at least 50 percent of the total minimum lot area. Lots less than 3,000 square feet or 25 feet wide may limit their ability to comply with other required standards of the municipal_code. Page 6 of 42 Ordinance No. 1942, Creation of R-5,B-21W, and Article 44 Block Fronfiiges Table 38.08.040-1 Lot Area Table Minimum Lot Area in Square Feet' Use Type R-5 R-1 R-2 R-3 ]<2 4 R 5 = R-O RMH See subsect�a 3 5,000 5,000 ` 5,000 5,000 3 000' 5,000 5,000 Single-household dwelling n C of 1 9 > > this section. Single-household dwelling (only for dwellings to satisfy a 2,700 2,700 2,700 2,700 82,700 2,700 miniinum requirements of 2,700 s s a g 2700 > s s chapter 38, article 43)7 Two-household dwelling - 6;000 116000 6,000 5,000 6,000 Two-household dwelling (only for dwellings to satisfy 2,500 ?, 1500 2,5001 2 500 2,500 minimum requirements of chapter 38, article 43)7 Lot area per dwelling in three74 None or four-household dwelling 3,000 3,000 0 3,000 configurations Lot area per dwelling in three or four-household dwelling j configurations (only for Nonel dwellings to satisfy minimum - =` 2 , ,500 2,500 0 2,500 - requirements of chapter 38 article 43)7 None9 Townhouses 3,000 3,000 1000 ; 3,000 t 6 z 2 z io I. Townhouses (only for None9 dwellings to satisfy minimum 2;500 2,500 2,50 2,500 2,500 2,500 2,5.00 requirements of chapter 38, 1° 1 I Page 7 of 42 i a Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Im—inini u in I,ot Area in Square Feet' Use Type f R-ST R-1 JR-2JRI.R 4 R 5 ^' TRRMH article 43)7LL���____ — None' Apartments-first dwelling - - 5,000 0 5,000 - Apartments - each dwelling 4,200 None 1,200 - after the first ° Apartments - each dwelling after the first (only for 1s dwellings to satisfy minimum - - - 900 0 one 900 - requirements of chapter 38, article 43)7 Additional area required for an 4 1,000 1,000 :PO ` None 1,000 accessory dwelling unit3 1,000 1,000 s s 5 0 s All other uses Y1000 S000 5,000 5,000 5,000 None' 5, 000 All other uses 5,000 Applicable Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed; for example for corner lots, parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 9. Lots less than 5,000 square feet created on or after February 5 2016 Rjay be subject to the affordable housing provisionsof article 43 of this chapter. 10. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and p4yate utilities. Table 38.08.040-2 Lot Width Table Minimum Lot Width in Feet 'J Use Ty S pe R R-1 R 2 R-3 R 4 R 5 ]R-0 RNIH. ' Page 8 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Minimum Lot Wiclthan';Feet Use TYPe R-S- R-1 R-2 I2-3 R 4 R-5- ` R-O RAM See Single- subsection 2 2 2 2 2 2 2 household 50/40 50/40` 50/40 50/40 35/25 . 50/40 50/40 dwelling C of this sectron; Single- household dwelling (only for See i subsection dwellings to 30 30 30 30 ' 30 30 30 C Of ti1153 satisfy section requirements of chapter 10, article 8) Two household - 60/502 60/502 50/502 50/40- 50/502 - dwelling Accessory 50 5Q/4Q2 60/502 60/502 601502 None3 60/502 dwelling unit' j Dwellings in three- or four- household - 60 60 None3 60 - dwelling i configurations Width Width Width Width of Townhouses 30 30 30 of of znteixor of interior interior , units Interior units units units See subsection; All other uses 50 50, 50 50 None3 50 50 C 'Of this: section Applicable Notes. w 2. When the lot is adjacent to an alley and vehicle access is taken only fxom that alley. Page 9 of 42 i Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages 3. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.08.050 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. Minimum yards required for the R-1, R-2, R-3, R-4, R5, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the city growth policy, 25 feet (except 15 feet minimum in the R-5 district). b. Adjacent to collector streets as designated in the city growth policy, 20 feet (except 15 feet minimum in the R-5 district). c. Adjacent to local streets(or aneet in the R-5 dishict), 15 feet. d. Porches and covered entries in the R-5 district may project ct up to six feet into the front yard area except where front yard utility easements prevent such proj ections. 2. Rear yard: 20 feet. a. Adjacent to arterial streets as designated in the city growth policy,25 feet. 3. Side yard: five feet; or zero feet for interior walls of townhouses. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line,unless explicitly authorized otherwise under this chapter. 5. See 38.21.050 for setbacks and related standards associated with detached accessory buildings includirig garages Section 8 That the Bozeman Municipal Codc be amended by amending Section 38.08.060 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: Maximum building height for each residential district shall be as follows: Table 38.08.060 Residential Building Height Table Page 10 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Maximum Building Height:in Feet Roof PYtch in.Feet R S R-1 R-2 11-3 R 4 R-51 R-4 RMH Less than 3:12 24 ']24 24 f32 34 44 34 24 3:12 or greater but less than 6:12 30 28 - ------ 2* 38 ' 48 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 ' S2 42 32 Equal to or greater than 9:12 38 36 36..' 42 44 S4 44 1 . 36 Applicable Notes: An area not to exceed a total of 10 percent of the-building footprint-, may extend above the maximum building height by up to 12 feet. Such elements may include stair or elevator Renthouses, service elements, or habitable area and shall be set back from the edge of the building by at least 5 feet (see Figure 38.08.060 below for an example) to reduce the visibility of such feature. a p 5' minimum building setback 3 X 'Cotal Budding Footprint Figure 38.08.060. Limited exceptions to height limits for elevator or stair penthouses or similar features arepermitted provided they oegi My no more than 10 percent of building's footprint and � are setback from the edge of the building by at least five feet to reduce their visibility from the ground level. 3 E i Section 9 s That the Bozeman Municipal Code be amended by amending Section 38.08.080 to read ' i as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. New residential development shall provide a minimum net density. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the Page 11 of 42 I� it Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block frontages purposes and goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. 1. Minimum densities are: a. R-S—None, b. R-1, R-2, R-3,RMH—five dwellings per net acre. c. R-4—eight dwellings per net acre. d. R-5—eight dwellings per gross.acre. e. R-O—six dwellings per net acre when residences are the primary use of the land. Section 10 That the Bozeman Municipal Code be amended by adding Section 38.08.090 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: All development within the R-5 district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 17 of this chapter. In_the_event of a conflict between the desigg objectives plan and the standards of this chapter,the standards of this chapter shall govern. Section 11 That the Bozeman Municipal Code be amended by amending Section 38.10.010 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: 3. The intent of the B-2M community business district - mixed is to fixnction as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate_area and the broader trade area and encourages the integration of multifamily residential uses as a secondary use. Section 12 That the Bozeman Municipal Code be amended by amending Section 38.10.020 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: Page 12 of 42 Ordiriance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages 'fable 38.10.020 Authorized Uses Table of Commercial Uses B-I B-2 jB-2M B3 , Ambulance service P P P Apartments and apartment buildingsb,as defined in this chapter P PI/C P�0 P3 Arts and entertainment center, as defined in this chapter P IP Automobile fuel sales or repair, as defined in this chapter C C C C Automobile parking lot or garage{public or private} P P P P Automobile washing establishment C P P C Banks and other financial institutions P P P P Business, technical or vocational school C C P3 Bus terminals — dc C I C Community centers I' ] ...' . P P P3 Community residential facilities with eight or fewer residents P Pl/C P1/C P� Community residential facilities serving nine or more residents — C C - Convenience uses C ' P P C Convenience use restaurant P P P P Day care centers P P P P Essential services Type I A ; A I A A Essential services Type II — P P P P Essential services Type III Extended-stay lodgings - — P IT P Food processing facilities C C — Frozen food storage and locker rental — P P �- Health and exercise establishments P1/C P P P Hospitals P P C Hotel or motel ] I P P P Page 13 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages -- 77-77- Authorized Uses}`:°.'::>`+ _ Table of Commercial Uses F-1 B-2 B-2M III-3.. Laboratories,research and diagnostic 1 P P P,:.:. :..: �Laundry, dry cleaning — _: C C C Light goods repair, as defined in this chapter dginghouses FLo- I C3 Manufacturing, artisan i P mmi,T [P7 Manufacturing, light Ic C q [Manufacturing, light and completely indoors [Mortuary — C C Museum — C C C Medical and dental clinics Pl/C Ip IF--TP Meeting hall — < P P P Offices, as defined in this chapter PX IG` P P P3 :. . ..: — FOther buildings and structures typically accessory to permitted " ± -.' Parking facilities P P P P3 Personal and convenience sei vices, as defined in this chapter P P P P Pet grooming shop I.P...... IP P �P Printing offices and publishing establishments C Private club, fraternity, sorority or lodge i l P .......... Public buildings P P I P P Refuse and recycling containers A A— A ~- Research laboratories P P— �P Restaurants WNP P P Retail uses, as defined in this chapter P :'.:: P2 P2 P2 Retail, large scale P P Sales of alcohol for on-premises consumption? C .: C C C Page 14 of 42 Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Authokized Uses 'I Table©f. :ammekcil.Uses ' B 1 B-2 B-2M 113-3 , Sign paint shops(not including neon sign fabrication) — Y P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring T P P P3 overnight storage) Veterinary clinic l I C C �— Wholesale distributors with on-premises retail outlets, providing warehousing is limited to commodities which are sold on the C C premises Wholesale establislunents that use samples, but do not stock on P P P premises Any use, except adult businesses and casinos approved as part of , a planned unit development subject to the provisions of article 20 C C C C" of this chapter Applicable Notes: 1. When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 10. Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building facade on properties adjacent to designated Storefront Streets per section 38.44.010. Section 13 That the Bozeman Municipal Code be amended by adding Section 38.10.030 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: i A. In the B-1, B-2, B-2M and B-3 districts, the entire lot, exclusive of required yards and parldng, may be occupied by the principal and accessory buildings. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by article 25 of this chapter. Page 15 of 42 i t t Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Section 14 That the Bozeman Mi ncipal Code be amended by amending Section 38.10.040 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. B-1: 5,000 square feet. 2. B-2 and B-2M:No minimum size. 3. B-3:No minimum size. B. Lot width for all newly created lots shall not be less than: 1. B-1: 50 feet. 2. B-2: 100 feet, except in conservation overlay district shall have no minimum width. 3. B-2M: No minimum width. 4. B-3:No minimum width. Section 15 That the Bozeman Municipal Code be amended by amending Section 38.10.050 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: A. Mininitim yards required for the B-1 and B-2 districts are: 1. Buildings: a. Front yard: seven feet, except along arterials where minimum is 25 feet. b. Rear yard: ten feet. c. Side yards: five feet(except zero lot lines as allowed by section 38.21.060). 2. Parking and loading areas: a. Front yard: 25 feet. b. Rear yard; ten feet,l c. Side yards: eight feet.l 1 Side and rear yards for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is provided. Page 16 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages 3. The purpose of differentiated yard setback requirements is to encourage the placement and development of buildings in a manner to address the street and adjacent pedestrian activity and encourage a vigorous and diverse streetscape. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 5. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards for the B-2M districts are: 1. Buildings: a. Front yard provisions are set forth in the block frontage standards in section 38.44.010. b. Rear yard:ten feet(five feet for accessory buildings); c. Side yard: five feet(except zero lot lines as allowed by section 38.21.060). 2. Parking: a. Front yard provisions are set forth in the block frontage standards in section 38.44.010. b. Rearms five feet.' c. Side yard: five feet.' ' Side and rear ads for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is provided. C. Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. 2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes the minimum yards established in subsection A of this section shall be required. 3. Rear and side yards adjacent to alleys shall be at least five feet. D. All yards shall be subject to the provisions of sections 38.16.060, 38.20.060, 38,22.100, 3 8.23.100, and 3 8.25.100,when applicable. Section 16 i That the Bozeman Municipal Code be amended by amending Section 38.10.060 to read i as follows with text amendments underlined and with all other portions of the section remaining I unchanged: 2. In the B-2 district: I a. Roof pitch less than 3:12: 38 feet. b. Roof pitch 3:12 or greater: 44 feet. Page 17 of 42 i Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages c. Maximum height allowed by subsections 2.a and b of this section may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementing a regional commercial and services growth policy land use designation. d. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use pennit, but only when the additional height is a specifically identified purpose of the review. 3. In the B-2M district: a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature must have a step ack of at least ten feet from the front face of the building. 10, rain Street Figure 38.10.060. The top floor of five story buildings within 30 feet of a street property line shall feature a ten; oot stepback along the front facade to reduce the perceived scale o f the building. b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less). c. An area, not to exceed a total of ten percent of the floor area which is located at street level,may extend above the maximum building height by up to 12 feet. 4. In the B-3 district: a. In the B-3 district core area; 55 feet. b. In the B-3 district outside of the core area: 70 feet. 5. In all districts, all commercial floor space provided on the ground floor of a building shall have a minimum floor-to-ceiling height of 12 feet, except where otherwise noted. Page 18 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Section 17 That the Bozeman Municipal Code be amended by adding Section 38.10.070 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: All development within the B-2M district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. Section 18 That the Bozeman Municipal Code be amended by amending Section 38.21.060.C.2 to read as follows with text amendments underlined and with all other portions of the section remaining unchanged: 2. A 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy, except within the B-2M and the B-3 district. Section 19 That the Bozeman Municipal Code be amended by amending Section 38.25.025 to read as follows with text amendments with strikeo and underline with all other portions of the section remaining unchanged: A. All above ground stauctured parking facilities, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established in-pursuant to article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this section,the standards of this section shall govern. Exceptions: I 1. £xeept: Single-household dwellings and individual townhouse and condominium units, I and duplexes with physically separated individual driveways. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and i length is provided between the parking area in the driveway and dividing the garage entrance;and i Page 19 of 42 j, p, Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages 2. For development in the R=5 and B-2M districts, the applicable structured barking provisions in article 44 (Block Frontage Standards) shall take precedence over any conflicting provisions of article 17 or related standards in this section. Section 20 That the Bozeman Municipal Code be amended by amending Section 38.10.040 to read as follows with text amendments with strikeou and underline with all other portions of the section remaining unchanged: A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required the fractional space is not required to be provided. 1. Residential uses. a. Minimum requirements. The number of spaces shown in Table 38.25.040-1 shall be provided subject to the adjustments allowed in this subsection 1. The number of disabled parking stalls as required by Table 38.25.040-6 shall be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes shall identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. Table 38.25.040-1 Dwelling Types Parldnng Spaces Required Per Dwelling Efficiency unit — 1.25 (1.0 in R-5 and B-2M districts) One-bedroom 1.5 (1.25 in R-5 and B-2M districts) Two-bedroom — 12(1.75 in R-5 and B-2M districts) I Three-bedroom 3 (2.5 in R-5 and B-2M districts) Dwellings with more than three bedrooms 4 Q in R-5 and B-2M districts) 2. Nonresidential uses. c. Adjustments to minimum requirements. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Use of this section shall not be considered as joint use of parking or off-site parking regulated by sections 38.25.050 and 38.25.060 nor shall the use of this section Page 20 of 42 Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages preclude the use of other sections of this chapter which may have the effect of reducing the required amount of on-site parking. More than one adjustment may apply. Multiple adjustments are added together to modify the minimum required parking from Table 3 8.25.040-3 in a single operation. Multiple adjustments.are not applied sequentially. (5) The first 3,000 gross square feet of a nonresidential building within the B-3 district or adjacent to designated Storefront block frontage per section_38.44.010 is not requiredto,..,., vi k included in the calculation of required parking. (7) In the B-2M district, one parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total barking spaces required for a development. For developments with both residential and non-residential uses, such parking may only be used to meet the parking requirements for the use closest to the subject parking spaces. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances cannot be considered when calculating_the required number of on-street parking spaces. Section 21 That the Bozeman Municipal Code be amended by adding Section 38.44 to read as follows: 38.44.010 Block frontage. A. Applicability. The provisions of this article apply only to the R-5 and B-2M districts. B. Purpose. 1. To provide standards to implement the growth policy and applicable adopted_sub-area plans; 2. To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment, and 3. To provide standards that recognize the need for a system of streets and block frontages. C Community design framework map. 1. Figure 38.44.010.A identifies the block frontage designations for existing and future streets within the B-2M district along,adjacent to and near North 7tn Avenue. 2. All block frontages within the R-5 district are subject to the landscape block frontage provisions. 3. The block frontage designations apply to development on both sides of a street, except for sites that are not within the B-2M or R-5 districts. 4. Subsection D describes the standards for each block frontage desi ation. Page 21 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages 5. New streets in the B-2M district shall be designated with one of the four block frontage designations by the City prior to street dedication or other applicable development gpnroval based on adopted goals and policies and existing and/or planned site context. Page 22 of 42 f r ! Jwl Iir Vr .I `� {ram-'.+' j � n � � i r•;� i I tail rtru( ��i� FJ I'" 1 ,rl t •� � � � I,,.i "i I_ I i e 1 l 5 1 r 1- �s T 3 1 rl x.�� � ice— � '�� �� '� �u�J:J 4z�tr r L: .ik r Pa L so 1f: x� 1 • • 1 I�I�iT s L i r x 1 qq 1'-, r y���9 li 2i 1 { iv I y � ex�'"�� is� � �� .?;: .ram! ._ - _ �� II _...�% _. , i � � `-ai�� • r a l .�� �s - � �� .,�� rk-i' � ��1 r g�F����' � ; p1�R � i��� ; Yk � ..� '• '' �'� :✓ :c4d= �YgRICBCI • y� 1„y tl E,l.! I I L je I+a e� ..� {lr Litt l::ci RI r A t I rtlT Lv a,^x i, f {'Sl �.� t�. +y r. 5• ��.� 1` r *�!� } °F aa,9 Lw_~ ��` 4 Y. £ �5 � ,x..i-vi r�3 �-. s-f�aT.� •'4' 1 Ordinance No. 1442, Creation of R-5, B-2M, and Article 44 Block Frontages Figure 38.44.01ll.C. C',o munity design framework map for the_B-2Mdistrict. D. Departures. The review authority may approve an alternative to comply with a block frontage standard if the proposed alternative meets the intent of the existing block frontage standard. The block frontage standards where departures are available are identified by the :) symbol. Certain standards where departures are available have required departure criteria that must be satisfied prior to approval. E. Block frontages and standards. Figure 38.44.010.E summarizes standards for each of the four designated block frontage types. Specific standards for each of the block frontage types set forth below: Permitted it frontages is i it l r i T storefront storefront r� ? i� t landscaped landscaped frontages are " a frontages are permitted �\ permitted Parking •New surface or structured parking coax p[CfPTAetF no .No parking lot locadonresuictions location along street shall he placed to the side,rear,below or above storefronts r e� f3. r.,u...e.. e.akmw,w naMelrc. ;. Form WtFbWWrVee ekamenrs.w more Nan sox of r.nWww.w fmnWg.sraee.palAOS w vehkWora -- other key i Min commercial spate depth=2d •landscaping to soften facade and •Provide minimum facade windows) Ilnew buildings only) screen blank wall surfaces. transparency for non-resldentialuses prOVI510r15 •No round floor residential uses roenv<en ssees al srauaaPxrlaaa..drw.er,pon 6 eanema,umrrl except lobbies/entrances for •Provide minimum facade windows/ upstairs units transparency for residential buildings (arrwse Jsxaf the mxrcfas.dl Figure 38.44.010.E Summary o f block frontage standards. 1. Storefront block frontage. a. Description/intent. Storefront block frontages are intended to be among the most vibrant and active shopping and dining areas within the city. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries. b. Vision. Figure 3 8.44.010.E.1 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a storefront block frontage. Page 24 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block- Frontages Weather protection: At least 5'average depth Entry: along 60%of facades facing street Height: 13'minimum floor to ceiling Windows/ 8-15' N transparency: At least 60% of facade , between 30" -~ z` and 10 f .: 30" Sidewalk: ' 12'minimum Figyre 38.44.010.L'.1. Storefront vision and standards. c. Standards. All development within the B-2M and R-5 districts designated as storefront block frontage must comply with the following standards: Element Standards Examples&Notes Ground floor Land use Non-residential uses specified in 38.10.020, except for lobbies associated with residential or hotel/motel uses on upper floors. Floor to ceiling 13' minimum (applies to new height buildings only). Retail space depth 20' minimum (applies to new buildings only), Building Required at front property placement line/back edge of sidewalk. Additional setbacks are allowed I for widened sidewalk or pedestrian-oriented space. 1 4 Page 25 of 42 i Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages EIement Standards Examples &Notes Building Must face the street. For corner entrances buildings, entrances may face the street corner. Fagade At least 60% of ground floor transparency between 30" and 10' above the sidewalk. ;:) Display windows may count for up to 50% of the transparency requirement provided they are at least 30"in depth to allow for changeable displays. Tack-on display cases shall not qualify as transparent window areas. Weather Weather protection with 8-15' , protection vertical clearance at least 5' in average depth along at least 60% of fagade. :> Retractable awnings may be used to meet these requirements. Parking & New surface and structured =11 parking areas round floor r r driveways p g {g } �-- Also see article 25 shall be placed to the side or of this chapter for rear of structures and are - ; -- related parking limited to 60' of street frontage. requirements Provide a 6' minimum buffer of landscaping between the street '_'-; -I_. E") c. } .n. and off street parking areas i M-.60'..... top meeting the performance standards of article 26. :) Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with , street trees) 12'min Total sidewalk vAdlh Page 26 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages d. Departure criteria. Departures to the above standards that feature the ID symbol will be considered by the review authorily provided the alternative proposal meets the intent of the standards,plus the following criteria: (1) RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can successfully demonstrate the proposed_ alternative design configuration of the space is viable for a variety of permitted retail uses; L2} FAQADE TRANSPARENCY: The proposed alternative design_ treatment of Made area between ground level windows provides visual interest to the pedestrian and miti atg e�pacts of any blank wall areas. No less than 40 percent of the fagade between 30 inches and ten feet above the sidewalk may be approved with a departure; (3) WEATHER PROTECTION: Other proposed alternative design treatments must pwvide equivalent weather protection benefits, and (4) PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 2. Mixed block frontage. a. Description/intent. The mixed_block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment. b. Vision. Figure 38.44.010.E.2.b provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a mixed block frontage. -------------- Weather protection. At least Yawragedepth rY% 4 CaIV herprotectlort a long 60%o€facades tacM+B street over e ntry —' €loortoceiling Entryfa'sing tltPstreet 1;�v W€ndows/ g 15 t 1 " sransparenty: At least60% r t?., SpeClai facade belaxree&n30" Iransp rellGY and1C ." I" v mirdmum OR . Storefront Landscaped Frontage i Page 27 of 42 s f € I. I' f Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Figure 38.44.010.E 2.b. Mixed block frontage options and standards. c. Standards. All development within the B-2M and R-5 districts designated as mixed block frontage must comply with the following standards: Element Standards Examples&Notes Ground floor Land use See 38.10.020 for authorized uses details. Floor to ceiling 13' minimum for storefront height buildings and areas where ground floor commercial uses are required (applies to new buildings). Ground floor For buildings within 15' of height,residential a sidewalk, elevate The intent is to ease the uses between 2' to 5' above the transition between a home sidewalk level, except for and the public area, improve designated ADA accessible privacy for the residential units units, and increase opportunities for social exchange. Retail space depth 20' minimum (applies to new buildings only). Building Buildings may be placed placement up to the sidewalk edge provided they meet storefront standards set forth above. The minimum setback for buildings with ground floor residential uses is 10'. Covered or uncovered porches may project up to 6' into the front setback. Building Building entrances shall be entrances visible and directly Page 28 of 42 Ordinance No. 1942, Creation of R-5, 13-2M, and Article 44 Block Frontages Element Standards Examples&Notes accessible from the street. For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. FaVade Any storefront buildings transparency on these block frontages Generally, the must meet the storefront amount of block frontage transparency of transparency standards facades depends above. :) on the use and Other buildings designed setback from the with non-residential uses street, on the ground floor within 10' of sidewalk, at least 40% of the ground floor between 4'-8' above the ground level surface. �D Other buildings designed with non-residential uses on the ground floor within 20' of the sidewalk, at least 25% of the ground floor between 4'-8' above the ground level surface. �Z Residential buildings, atUP least 15% of the entire - M fagade (all vertical surfaces generally facing the street). r; Windows shall be provided on all habitable floors of Facade transparency the fagade. residential building example. Page 29 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Element Standards Examples&Notes Weather Any storefront buildings protection on these block frontages must meet the Storefront block frontage weather protection standards above. f - qf; Otherwise, provide :. weather protection at least " 3' deep over primary business and residential entries. Parking & Parking shall be placed to driveways the side, rear, below or Also see article 25 above uses. For multi- of this chapter for building developments, -- related parking surface and structured requirements parking areas (ground floor) are limited to no _ 5 more than 50% of the - street frontage. Parking Street Wx.sox of froMaga New surface and structured parking areas (ground floor) shall be placed to the side or rear of structures and are limited to no more than 50% of the street frontage. Private or shared garage entries shall occupy no more than 50% of fagade width. Provide a 10' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of article 26 of this chapter. �Z New parking structures shall feature landscaped setbacks at least 10' in width. Page 30 of42 Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Element Standards Exam les&Notes Landscaping The area between the street Also see article 26 and building shall be of this chapter for landscaped and/or private related porch or patio space. landscaping For setbacks adjacent to standards buildings with windows, provide low level landscaping that maintains views between the building and the street. A good example of low level Also provide plant landscaping that screens materials that screen any foundation walls, provides blank walls and add visual visual interest, and maintains interest at both the views from dwelling units to pedestrian scale and the street. motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest froze a pedestrian scale. Sidewalk width Where Storefront buildings are proposed, sidewalks shall meet Storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. d. Departure criteria. Departures to the above standards that feature the �D symbol will be considered b the review authpdty provided the alternative proposal meets the intent of the standards,plus the following criteria: Page 31 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages (1) RETAIL SPACE DEPTH: Reduced depths will be considered where the- applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; (2) MINIMUM SETBACK: For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design_or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. Opera Porch Stoop 1� Figure 38.43.010.C.2.d. Stoop examples. (3) FACADE TRANSPARENCY: The proposed alternative design treatment of made area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the fagade between 30 inches and ten feet above the sidewalk may be approved with a departure; (4) WEATHER PROTECTION: Other proposed alternative design treatments must provide equivalent weather protection,benefits; and Q PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 3. Landscaped block frontage. a. Description/intent. The landscaped block frontageganation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk. This designation applies to all new and existing streets in applicable residential districts plus includes residential based streets and other streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired. b. Vision. Figure 38.44.010.E.3 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a landscaped block frontage. Page 32 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Weather protection over entry , V 41f%i r�transparency $=prequirements x Ladsc C Utz E) u� re 38.44.010.E.3. Landscaped block frontage vision and key standards. c. Standards. All development within the B-2M and R-5 districts desi mated as landscaped block fronta e must comply with the following standards: Element Standards Exam les&Notes Ground floor: Land use See 38.10.020 for permitted use details. Ground floor For buildings within 15' of height,residential sidewalk, elevate between 2' uses to 5' above the sidewalk level, except for designated ADA accessible units. Building 10' minimum setback from placement the sidewalk is required. Page 33 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Element Standards Examples &Notes Building Building entrances shall be entrances visible and directly accessible from the street. �D For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. FaVade For buildings designed with transparency ground level non-residential uses, at least 25% of the ground floor between 4'-8' above the sidewalk. ZUK \ -- - For residential uses, at least 15% of the entire fagade (all vertical surfaces generally facing the street). �D T7 00 Windows shall be provided on all habitable floors of the FaVade transparency - fagade. residential building example. Weather Provide weather protection at protection least 3' deep over primary business and residential — entries. iP Parking& Parking shall be placed to the _ _ '-Y driveways side, rear, below or above J _ uses. For multi-building Also see article 2.5 -- of this chapter for developments, surface and I ' structured parking areas related parking ----- - requirements (ground floor) are limited to no more than 50% of the ,,wx. street frontage. Private or shared garage Parking Street Nba.SO%oi iraMage entries shall occupy no more than 50% of fagade width. Provide a 10' minimum buffer of landscaping landsc4ping between the Page 34 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Element Stan.dards Exam les & Notes street and off street parking areas meeting the performance standards of article 26 of this chapter. New parking structures shall feature landscaped setbacks at least 10' in width. �Z Landscaping The area between the street Also see article 26 and building shall be , of this chapter for landscaped and/or private related porch or patio space. landscaping For setbacks adjacent to standards buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials Example of low level that screen any blank walls landscaping that screens and add visual interest at both .foundation walls, provides the pedestrian scale and visual interest, and maintains motorist scale. For extended views front dwelling units to wall areas, provide for a the street diversity of plant materials and textures to maintain visual interest from a pedestrian scale. j Sidewalk width 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is } anticipated. d. Departure criteria. Departures to the above standards that feature the �D symbol will be considered by the review authority brovided the alternative proposal meets the intent of the standardsplus the following criteria: Page 35 of 42 it Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages (1) BUILDING ENTRANCES. Block fiontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic mat warrant some flexibility to this standard(particularly in residential districts). (2) FAQADE TRANSPARENCY: The proposed alternative design treatment of facade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the fMde between 30 inches and ten feet above the sidewalk may be approved with a departure; Q)PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 4. Other block frontages. a.__ escription/intent. All other block frontages in districts that are not designated in Community Design Framework Maps are provided greater flexibility with regards to the design of development frontages. These block frontages includes a combination of side streets (where most uses often front on other adjacent streets), service oriented streets (often characterized by industrial or service types of uses), and heavy arterial streets. 'While there is greater flexibility in the amount of transparency of facades and the location of surface and structured parking, design parameters are included to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city. b. Standards. Element Standard Examples&Notes Ground floor Iand use Land use See 38.10.020 for permitted use details. Ground floor For buildings within 15' of height,residential sidewalk, elevate between 2' to uses 5' above the sidewalk level, except for designated ADA accessible units. Building Where allowed in the applicable placement zoning district, buildings may be placed up to the sidewalk edge provided Storefront block frontage standards above are met Page 36 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Element Standard Exam les&Notes (except where otherwise noted herein). The minimum setback for buildings with ground floor residential uses is 10'. Covered or uncovered porches may project up to 6' into the front setback. Building Building entrances facing the entrances street are encouraged. At a minimum, at least one building entry visible and directly accessible from the street is required. Where buildings are setback from the street, pedestrian connections are required from the sidewalk. Facade For storefronts, at least 60% of transparency ground floor between 30" and 10' above the sidewalk is required. �D An Other buildings designed with non-residential uses on the { ground floor within 10' of sidewalk, at least 30% of the sr ground floor between 4'-S' Fagade transparency - above the sidewalk. :) residential building example. Other buildings, at least 10% of the entire fagade (all vertical surfaces generally facing the street). :) Weather At least 3' deep over primary protection business and residential entries. Parking location There are no parking lot location Also see article restrictions, except that a 10' 25 of this chapter buffer of landscaping between for related the street and off street parking parking areas meeting the performance l requirements standards of article 26 of this chapter. :> Page 37 of42 i i Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages Element Standard Examples&Notes Landscaping The area between the street and . Also see article building shall be landscaped it - and/or private porch or patio 26 of this chapter l _ for related space. - For setbacks adjacent to ,rf' landscaping J buildings with windows provide { standards g � p - _ low level landscaping that -- maintains views between the Example of low level building and the street. landscaping that screens Also provide plant materials that foundation walls, provides screen any blank walls and add visual interest, and maintains visual interest at both the views from dwelling units to pedestrian scale and motorist the street. scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Where Storefront buildings are proposed, sidewalks shall meet Storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. d. Departure criteria. Departures to the above standards that feature the �D symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards,plus the following criteria: (1) MINIMUM SETBACK. Provide desigaa treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence,retaining wall,and/or hedge alone the sidewalk. (2) FACADE TRANSPARENCY. The design treatment of a facade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. Page 38 of42 4 Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages 5. Where a property fronts onto multiple streets/frontage designations. Where a property fronts onto more than one street and each sheet has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications: a. Where a conflict exists between frontage standards,the review authority will apply the standards of a block frontage pursuant to the following order of preference:: i. Storefront, I Mixed; W. Landscaped; then iv. Other. Items b-e below clarify how the order of preference works for particular frontage elements. b. Building Location_For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner Lon the landscaped block frontage side) for up to a half block width or no more than 120 feet(whichever is more) c. Entrances: For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance shall be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry shall be placed on the order of preference identified above. :) Departures may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street. d. Transparency: For corner sites — at least one block frontage must meet the applicable transparency standards (based on the order of preference above. For the second block frontage, the review authority gay approve a reduction in the minimum amount of transparencyby 50 percent. For street corners with the same designations on both frontages, buildings must employ the frill transparency on the dominant frontage (based on the frontage width or established neighborhood patterns e. Parking: Surface parking (including_ground floor parking in a structure) adjacent to a street corner is not allowed, except: L Corner lots with non-designated frontages (other) on both streets, I Other combination of block frontages, except those with a storefront clesi nag tion, via a departure and subject to the applicable departure criteria. 4 } 4 �I d 7 Page 39 of 42 i i j Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages ALLEY ALLEY t� y Storefront can wrap w Facade meets ++ w around corner up to w L7 Landscaped block LU a half black or 120' o - Q frontage standards 5 o (whichever is less) �, O Q a Z o Storefront doesn't ,J QZQ g m go to corner J s .ENTRANCE ENTRANCE STOREFRONT STREETFRONT / (BLOCK FRONTAGE) (BLOCK FRONTAGE) Figure 38.44.010.C5. Clarifying block frontage standards on street corners. Section 22 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 23 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Page 40 of 42 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages a Section 24 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 25 Codification. This Ordinance shall be codified as indicated in Sections 2 13. Effective Date. This ordinance shall be in full force and effect thirty(30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of April, 2016. CARSON TAYLOR Mayor ATTEST: PEARL MICHALSON) Interim City Clerk a' •. C'�7'1'_ C.i�• i Y i Page 41 of 42 I Ordinance No. 1942, Creation of R-5,B-2M, and Article 44 Block Frontages FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,Montana on second reading at a regular session thereof held on the 25th of April,2016. The effective date of this ordinance is the 25th of May,2016. CARSON TAYLOR Mayor ATTEST: `:0-) N r,L PEARL MICHA�S ' 4 °�'V Interim City Clerk�l• ; r M , . 0 .' OK AS TO FORM: s,r G SULLIVAN City Attorney Page 42 of 42